FEDERAL REGISTER VOLUME 35 • NUMBER 107 Wednesday, June 3,1970 • Washington, D.C. Pages 8527-8624

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Army Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Water Pollution Control Administration Food and Drug Administration Housing and Urban Development Department Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Mines Bureau National Park Service Public Health Service Railroad Retirement Board Tariff Commission Detailed list of Contents appears inside. Subscriptions Now Being Accepted

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91st Congress, 2d Session 1970

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AGRICULTURAL RESEARCH COMMODITY CREDIT FEDERAL MARITIME SERVICE CORPORATION COMMISSION Rules and Regulations Rules and Regulations — Notices Hog cholera and other commu­ Loan and purchase programs; Agreements filed: nicable swine diseases; areas Beans, dry edible; 1970 and sub­ Farrell Lines, Inc., and Det quarantined ------8543 sequent crops______““8537 Dansk-Franske Dampskips- Proposed Rule Making Oats; 1970 crop______8539 selskab______8614 Hog cholera and other commu­ Policy for certain commodities Prudential-Grace Lines, Inc., nicable swine diseases; approval available for sale; publication and Moore-McCormack Lines, of stockyards and livestock . of monthly sales list______8537 In c ______:______8614 markets------8571 Notices Behring-Pacific Shipping Co., Delegation of authority to com­ Inc.; revocation of independ­ AGRICULTURAL STABILIZATION promise, adjust, or cancel cer­ ent ocean freight forwarder AND CONSERVATION SERVICE tain indebtednessof farmers___ 8602 license______8613 Rules and Regulations CONSUMER AND MARKETING FEDERAL POWER COMMISSION Peed grains, 1970 program; county SERVICE Notices projected yields and county Rules and Regulations Hearings, etc.: rates; correction------8537 Cumberland and Allegheny Gas Cotton and cottonseed; classing, Proposed Rule Making Co. and United Fuel Gas Co__8614 tests, etc.; revision in fees Eastern Shore Natural Gas Co— 8615 Marketing quotas; refunds of (2 documents)______8531, 8532 Phillips Petroleum Co______8615 penalties erroneously, illegally, Federal inspection services; fees or wrongfully corrected------8569 and charges______8535 FEDERAL RESERVE SYSTEM Notices Proposed Rule Making Notices Delegation of authority to com­ Milk handling in Great Basin Barnett Banks of Florida, Inc.; promise, adjust or cancel certain marketing areaf rècommended application for approval of ac­ indebtedness of farmers— - — 8602 decision______8572 quisition of shares of bank------8616 Pears, plums, and peaches, fresh, Commerce Bancshares, Inc.; ap­ AGRICULTURE DEPARTMENT grown in California; expenses, proval of acquisition of bank rate of assessment for 1970-71 stock by bank holdipg company- 8616 See Agricultural Research Serv­ fiscal period, and carryover of Isabella County State Bank; ap­ ice; Agricultural Stabilization unexpended funds______i ______8572 proval of consolidation of and Conservation Service ; Com­ b an k s______r 8616 modity Credit Corporation; DEFENSE DEPARTMENT FEDERAL WATER QUALITY Consumer and Marketing Serv­ See Army Department. ice. ADMINISTRATION FEDERAL AVIATION Rules and Regulations ARMY DEPARTMENT ADMINISTRATION Change of chapter heading------8553 Rules and Regulations Rules and Regulations FOOD AND DRUG Procurement; miscellaneous Airworthiness directive; Navion amendments to subchapter____ 8554 Model aircraft______8544 ADMINISTRATION Annette Island, Alaska, Airport; Rules and Regulations ATOMIC ENERGY COMMISSION landing and parking charges Drugs; ampicillin tablets______8552 and additional rules______8544 Food additives: Proposed Rule Making Restricted area; reestablishment- 8544 Buquinolate, Chlortetracycline_ 8551 Resinous and polymeric coat­ Licensing of production and utili­ FEDERAL COMMUNICATIONS zation facilities______8594 ings; adhesives______8552 COMMISSION Stabilizer for polymers______8552 Labeling; quantity of contents bu sin ess a n d d e f e n s e Rules and Regulations declaration on multiunit con­ SERVICES ADMINISTRATION Organization; Laboratory Divi­ tainers; ruling on objections___ 8550 sion ______8567 Proposed Rule Making Notices Stations on shipboard in mari­ time services; licensing and Imitation milks; standards of Decisions on applications fo r operation of frequency modu­ identity and quality; with­ duty-free entry of scientific ar­ lated radar______8567 drawal of proposed rule making- 8584 ticles (18 documents)______8602-8609 Notices Notices Opportunity for hearings regard­ Quality of telephone service ing new-drug applications: CIVIL AERONAUTICS BOARD survey______8612 Diamond Laboratories; Talodex Hearings, etc.: Notices injection ______8609 Gehrke Sign Painting ______8611 Salem Pharmacal; Keranil oint­ International Air Transport Asso­ WHJB, Inc______8612 ciation; adoption of agreements ment (10% chloranil)______8610 <3 documents)______8611 FEDERAL HOME LOAN BANK Schering Corp.; Trilafon______8610 BOARD HEALTH, EDUCATION, AND COMMERCE DEPARTMENT Rules and Regulations WELFARE DEPARTMENT See Business and Defense Serv- Employee responsibilities and con­ See Food and Drug Administra­ 1f®s .Administration; Maritime duct; outside employment and tion; Public Health Service. Administration. other activities______8544 (Continued on next page) 8529 8530 CONTENTS

HOUSING AND URBAN Notices MINES BUREAU DEVELOPMENT DEPARTMENT Car distribution; Proposed Rule Making Baltimore and Ohio Railroad Proposed Rule Making Co. and Burlington Northern, Mandatory safety standards, un­ In c ______8622 derground coal mines; permis­ Relocation payments______8586 Kansas City Southern Railway sible electric face equipment_ 8569 Co. and Burlington Northern, INDIAN AFFAIRS BUREAU In c ______8623 NATIONAL PARK SERVICE Penn Central Co. and Burling­ Notices Notices ton Northern, Inc------8623 National Register of Historic Pueblo of Zuni; program agree­ Seaboard Coast Line Railroad Places; additions, deletions, and ment ------8598 Co. et al______8623 corrections ______8600 Southern Pacific Co. and Bur­ INTERIOR DEPARTMENT lington Northern, Inc__ .____ 8623 PUBLIC HEALTH SERVICE Southern Railway Co. and Bur­ See Federal Water Quality Ad­ lington Northern, Inc______. 8623 Proposed Rule Making ministration; Indian Affairs Motor carriers: Roentgenographic examiners of Bureau; Land Management Bu­ Alternate route deviation notices coal miners; specifications_____ 8584 reau; Mines Bureau; National (2 documents)______8617 Park Service. Applications and certain other RAILROAD RETIREMENT BOARD proceedings______8618 INTERNAL REVENUE SERVICE Temporary authority applica^ Notices tio n s ______8620 Railroad retirement supplemental Rules and Regulations Transfer proceedings (2 docu­ annuity program; determina­ Interest equalization tax ; election ments) ______8622 tion of quarterly rate of excise by certain domestic financing t a x ______8617 companies to be treated as for­ LAND MANAGEMENT BUREAU eign issuers or obligors; cor­ Notices TARIFF COMMISSION rection ______;— ------8553 Montana; proposed classification Notices Proposed Rule Making of public lands for multiple use Sphygmomanometers; importa­ Income tax; activities of fraternal management ______8599 tion and sale; extension of time beneficiary societies------8569 Nevada; offering of land for sale. 8599 for filing written views______8617 New Mexico: Proposed classification______8600 TRANSPORTATION DEPARTMENT INTERSTATE COMMERCE Proposed withdrawal and res­ ervation of lands; correction» 8600 See Federal Aviation Administra­ COMMISSION tion. Proposed Rule Making MARITIME ADMINISTRATION Cincinnati, Ohio, commercial Rules and Regulations TREASURY DEPARTMENT zone; redefinition of limits----- 8594 Merchant marine training; Great See Internal Revenue Service. Lakes Maritime Academy_____ 8553 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected. 7 CFR 14 CFR 32 CFR ____ 8554 27 ______8531 39——______::______8544 591 ______8556 28 (2 documents)______8531, 8532 73______8544 592 ______8557 61____;______8532 167______8544 593——______594 ______:______8558 68____ 8535 18 CFR 595 ______*■-- _ 8566 775______8537 . 8566 Ch. V ______8553 696 1402______—.______8537 697 _ 8566 1421 (2 documents)______8537, 8539 21 CFR 601 __ 8566 602 _ 8566 P roposed R u l e s : 1_____ 8550 . 8566 121 (3 documents)------8551, 8552 603 714______8569 _ 8566 149b______8552 606 917______1______8572 608 8566 P roposed R u l e s : 1136______8572 619. „ . 8567 18______=______8584 9 CFR 24 CFR 42 CFR P roposed R u l e s : P roposed R u l e s : 76______— — 8543 37 8584 41______8586 P roposed R u l e s : 46 CFR 76____ 8571 26 CFR 310 _ 8553 147______— 8553 ' 1 10 CFR P roposed R u l e s : * 47 CFR 1____ 8569 _ 8567 P roposed R u l e s : 09 __ 8567 50______8594 30 CFR P roposed R u l e s : 49 CFR 12 CFR 75______8569 P roposed R u l e s : _ 8594 511______- ______- 8544 1048______- 8531 Rules and Regulations

tq a different warehouse at the same a cotton program of any governmental Title 7— AGRICULTURE delivery point, including issuance of new agency, and (3), for a charitable or cotton class certificates in substitution philanthropic organization if such cotton Chapter I— Consumer and Marketing for prior certificates— 75 cents per bale. will be used in accordance with an act of Service (Standards, Inspections, Congress or a congressional resolution §27.81 Fees; certificates. Marketing Practices), Department of for the relief of distress or will be ex­ Agriculture For each new certificate issued in sub­ changed for goods to be so used. The stitution for a prior certificate at the samples accumulated in the classification MISCELLANEOUS AMENDMENTS TO request of the holder thereof, for his bus­ or certification of cotton for a govern­ CHAPTER iness convenience, or when made neces­ mental agency or to facilitate a cotton sary by the transfer of the cotton under program of any governmental agency Statement of considerations. Pursuant the supervision of an exchange inspec­ shall be disposed of as required by such to the statutory authorities cited below, tion agency as provided in § 27.73, the agency. the fees relating to cotton classing, person making the request shall pay a standards and inspection, sampling, and fee of 20 cents for each certificate issued. § 28.117 Fee for new memorandum or certification of cottonseed are hereby certificate. (Sec.'4863, 68 A Stat. 582; 26 U.S.C. 4863) amended to reflect increased costs since For each new memorandum or certifi­ the last adjustment in fees including the cate issued in substitution for a prior increases in Federal employees salaries memorandum or certificate at the re­ authorized by the Federal Employees PART 28— COTTON CLASSING, TESTING, AND STANDARDS quest of the holder thereof, on account Salary Act of 1970 (Public Law 91-231). of the breaking or splitting of the lot of PART 27— COTTON CLASSIFICATION Subpart A— Regulations Under the cotton covered thereby or otherwise for UNDER COTTON FUTURES, LEGIS­ U.S. Cotton Standards Act his business convenience, the person re­ questing such substitution shall pay a LATION 2. Sections 28.116, 28.117, 28.120, 28.-fee of 75 cents when the number of bales Subpart A— Regulations 122, 28.123, 28.148, 28.149, and 28.151 are covered by the new memorandum or revised to read as follows: certificate is 10 or less, or a fee of $1 per 1. Sections 27.80 and 27.81 are revised § 28.116 Amounts o f fees for classifica­ sheet when the number of bales covered to read as follows: tion; exemption. by such memorandum or certificate is more than 10. § 27.80 Fees ; classification, Micronaire, (a) For the classification of any cot­ and supervision. ton or samples, the person requesting the § 28.120 Expenses to be borne by party For services rendered by the^. Cotton service shall pay a fee, as follows, sub­ requesting classification. Division pursuant to this subpart, ject to the minimum feq provided in For any samples submitted for Form whether the cotton involved is tenderable paragraph (c) of this section: A or Form D determinations, the ex­ or not, the person requesting the serv­ (1) Grade, staple, and Micronaire pense of inspection and sampling, the ices shall pay fees as follows: reading— 55 cents per sample. preparation of the samples, and the (a) Initial classification and certifica­ (2) Grade and staple only, or grade delivery of such samples to the classifica­ tion—45 cents per bale. only, or staple only— 45 cents per sample. tion room of the board or other place (b) Review classification and certifi­ (3) Micronaire reading only— 10 cents specifically designated for the purpose by cation—60 cents per bale. per sample. the Director or by the chairman of such (c) Micronaire determination and (b) When a comparison is requested board, shall be borne by the party re­ certification— 10 cents per bale. of any samples with a type or with other questing the classification. For samples (d) Combination service— 90 cents per samples, the fees prescribed in paragraph submitted for Form C determination, the bale. (Initial classification, review clas­ (a) of this section shall apply to every party requesting the classification shall sification, and Micronaire determination sample involved, including each of the pay the fees prescribed in this subpart covered by the same request and only the samples of which the type is composed. and, in addition, a fee of $9 per hour, or review classification and Micronaire de­ (c) A minimum fee of $3 shall be as­ each portion thereof, plus the necessary termination results certified on cotton sessed for services described in para­ traveling expenses and subsistence, or class certificates.) graphs (a) and (b) of this section for per diem in lieu of subsistence, incurred (e) Supervision, by a -supervisor of each lot or mark of cotton reported or on account of such request, in accordance cotton inspection, of the inspection, handled separately, unless the request with the fiscal regulations of the Depart­ weighing, or sampling of cotton when any for service is so worded that the samples ment applicable to the Division employee two or more of these operations are per­ become Government property immedi­ supervising the sampling. formed together— 50 cents per bale. ately after classification. (f ) Supervision, by a supervisor of cot­ (d) For any review of classification or § 28.122 Fee for practical classing ton inspection, of the inspection, weigh­ comparison of any cotton, the fees pre­ examination. ing, or sampling of cotton when any one scribed in paragraph (a) of this section The fee for the practical classing ex­ of these operations is performed individ­ shall apply. The minimum fee prescribed amination for cotton or cotton linters ually—50 cents per bale. in paragraph (c) of this section is not shall be $50. Any applicant who passes (g) Supervision, by a supervisor of applicable to review of classification or the examination may be issued a certif­ cotton inspection, of transfers of cotton comparison. ' icate indicating this accomplishment. to a different delivery point, including (e) The fees provided for in para­ issuance of new cotton class certificates graphs (a) and (b) of this section may § 28.123 Costs o f practical forms o f cot­ m substitution for prior certificates— be waived in whole or in part, as to the ton standards. $1.25 per bale. classification and comparison and' the The cost of practical forms of the cot­ (h) Supervision, by a supervisor of review, if any, of any cotton (1) for any ton standards of the United States shall cotton inspection, of transfers of cotton governmental agency; (2) to facilitate be as follows:

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8532 RULES AND REGULATIONS

Subpart B— Classification for Foreign § 61.46 Fees for review of grading of Shipments cottonseed. Domestic delivered Growth Cotton and Cotton Linters shipments outside For the review of the grading of any f.o.b. the Con­ 3. Section 28.184 is revised to read as Memphis, tinental lot of cottonseed, the fee shall be $20. Tenn. United follows: States Remittance to cover such fee, in the §28.184 Colton linters ; general. form of a check, draft, or money order payable to the “Consumer and Market­ Grade standard» Requests for the classification or com­ parison of cotton linters pursuant to this ing Service, USDA,” shall accompany American Upland: each application for review. Of each 12-sample official boxes (Uni- Dollars each box subpart and the samples involved shall versai Standards)_ _ ...... 15.00 17.00 be submitted to the Board of Cotton such fee collected, $6 shall be /covered 6-sample guide boxes...... 9.00 11.00 Linters Examiners. All samples classed into the Treasury and $7 disbursed to American Pima: each of the two licensed chemists des­ 6-sample official boxes______15.00 17.00 shall be on the basis of the official cotton ignated to make reanalyses of such seed. Tentative standards for prepara­ linters standards of the United States. tion of American Upland long- The fee for classification or comparison (Sec. 205, 60 Stat. 1090, as amended; 7 staple cotton and the issuance of a memorandum U.S.C. 1624) 6-sample boxes...... 10.00 12.00 showing the results of such classification The need for these increased fees and or comparison shall be 40 cents per Standards for length of staple the amount thereof are dependent upon sample. facts within the knowledge of the Con­ American Upland (prepared in Dollars each length 1 pound rolls for each length). ■ 3.00 3.50 (Sec 205, 60 Stat. 1090, as amended; 7 U.S.C. sumer and Marketing Service. There­ American Pima (prepared in 1 1624) fore, under the provisions of 5 U.S.C. pound rolls for each length). . 3.00 3.50 Subpart D— Cotton Classification and 553, it is found that notice and other procedure with respect to these revisions § 28.148 Fees and costs; classifications; Market News Services for Orga­ are impracticable and unnecessary. reviews ; other. nized Groups of Producers Effective date. These revisions shall The fee for the classification, com­ 4. Section 28.911 is revised 'to read become effective July 1, 1970, except § 28.123, which shall become effective parison, or review of linters with respect as follows: on August 1, 1970. to grade, staple, and character or any §28.911 Review classification. of these qualities shall be at the rate Dated: May 26, 1970. of 40 cents for each bale or sample in­ A producer may request one review G . R . G range, volved. The provisions of §§28.115 classification for each bale of eligible cotton. The fee for review classification Deputy Administrator, through 28.126 relating to other fees Marketing Services. and costs shall, so far as applicable, is 45 cents per sample. Samples for re­ aiiply to services performed with respect view classification may be drawn by [F.R. Doc. 70-6762; Filed, June 2, 1970; to linters. samplers bonded pursuant to § 28.906, 8:48 a.m.] or by samplers at warehouses which is­ § 28.149 Fees and costs; Form C deter­ sue negotiable warehouse receipts; or by minations. employees of the U.S. Department of PART 28— COTTON CLASSING, For samples submitted for Form C Agriculture. Each sample for review TESTING, AND STANDARDS determination, the party requesting the classification shall be taken, handled, Subpart E— Cotton Fiber and classification shall pay the fees pre­ and submitted according to § 28.908 and scribed in this subpart and, in addition, to supplemental instructions issued by Processing Tests a fee of $9 per hour, or each portion the Director or his representatives. Costs R e v is io n s i n T ests and F ees thereof, plus the necessary traveling ex­ incident to sampling, tagging, identifica­ penses and subsistence, or per diem in tion, containers, and shipment for sam­ Statement of considerations leading lieu of subsistence, incurred on account ples for review classification shall be to revision. The purposes of this revision of such request, in accordance with the without expense to the Government. of the Regulations for Cotton Fiber and fiscal regulations of the Department ap­ Processing Tests are to: (1) Change fees (Sec. 10, 42 Stat. 1519, sec. 3c, 50 Stat. 62; to reflect increases in Federal employee plicable to the Division employee super­ 7 U.S.C. 61, 473c) vising the sampling. salaries authorized by the Federal Em­ PART 61— COTTONSEED SOLD OR ployees Salary Act of 1970 (Public Law § 28.151 Cost of practical forms; period OFFERED FOR SALE FOR CRUSHING 91-231) and Executive Order 11524; (2) effective. delete several test items which are no PURPOSES (INSPECTION, SAM­ Practical forms of the official cotton longer in demand by users of the service; linters standards of the United States PLING, AND CERTIFICATION) (3) make minor clarification changes will be furnished to any person subject Subpart A— Regulations in the wording of §§ 28.955 and 28.957; to the applicable terms and conditions (4) provide for additional test items and specified in § 28.105: Provided, That no 5. Sections 61.43, 61.44, and 61.46 are services which are now used by the practical form of any of the official èot- revised to read as follows: industry. ton linters standards of the United Pursuant to authority contained in States for grade shall be considered as § 61.43 Fee for sampler’s license. section 3c of the Cotton Statistics and representing any of said standards after For the examination of an applicant Estimates Act (sec. 3c, 50 Stat. 62; 7 U.S.C. 473c), the Regulations for Cotton the date of its cancellation in accordance for a license to sample and certificate with this subpart, or, in any event, after Fiber and Processing Tests are revised the expiration of 12 months following official samples of cottonseed the fee to read as follows: the date of its certification. The cost of shall be $10, but no additional charge the official standards for grade shall be shall be made for the issuance of a li­ Subpart E— Cotton Fiber and at the rate of $10 each, f.o.b., Memphis, cense. For each renewal of a sampler’s Processing Tests Tènn., for shipments within the conti­ license the fee shall be $7.50. Definitions nental United States, and $12 each, de­ 28.950 Terms defined. livered to destination, for shipments out­ § 61.44 Fee for chemist’s license. Administration side the United States. The cost of the For the examination of an applicant official standards for staple shall be at 28.951 Director. the rate of $2.50 each, f.o.b., Memphis, for a license as a chemist to analyze and Fiber and Processing T ests Tenn., for shipments within the con­ certificate the grade of cottonseed the tinental United States, and $3 each, de­ fee shall be $150, but no additional 28.952 Testing of samples. 28.953 Requirements as to samples. livered to destination, for shipments charge shall be made for the issuance of 28.954 Costs of submitting samples. outside the continental United States. a license. For each renewal of a chem­ 28.955 Disposition of samples. (Sec. 10, 42 Stat. 1519; 7 U.S.C. 61) ist’s license the fee shall be $50. 28.956 Prescribed fees.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8533

28.957 Special tests and fees. may be sent in one or more parcels, each Item Number, Kind of Test, and Fee per test 28.958 Fees and charges for inspection and of which shall bear on the outside on four specimens from a checkloading services. blended sample, per sample_____ $2.00 28.959 Payment of fees. thereof the name and address of the Minimum fee unless performed in 28.960 lim itation of testing services. person submitting it. Persons who sub­ connection with other tests re­ 28.961 Coniidenial information. mit samples to laboratories for testing quiring a blended specimen_____ 4. 00 28.962 False and misleading information. shall comply with any Federal or State 4.1 Fiber length of ginned cotton quarantine requirements applicable to Authority : The provisions of this Subpart lint by Fibrograph method. Re­ E issued under sec. 3c, 50 Stat. 62; 7 TJ.S.C. counties from which such samples are porting the length of each sub­ 473c. Interpret or apply sec. 3d, 55 Stat. 131; shipped. sample and average length and 7 U.S.C. 473d. § 28.954 Costs of submitting samples. average length uniformity for each group of replicate subsam­ D e f in it io n s The transportation, of samples to a ples as based on two specimens from each of three or more repli­ § 28.950 Terms defined. laboratory for testing shall be without expense to the Government. cate unblended subsamples, per As used throughout this subpart, unless subsample ______1.25 the context otherwise requires, the fol­ § 28.955 Disposition of samples. Minimum fee______3. 75 lowing terms shall be construed, respec­ The remnants of samples accumulated 5. Pressley strength of ginned cotton tively, to mean : lint by flat bundle method for in the making of tests under the regula­ either zero or ya -inch gauge as (a) Regulations. Regulations mean the tions in this subpart shall be the prop­ specified by applicant. Reporting provisions in this subpart. erty of the Government unless the-appli­ the average strength as based on (b) Service. The Consumer and Mar­ cant requests that such remnants be six specimens from a blended keting Service of the U.S. Department of returned to him at his expense. sample, per sample______2. 00 Minimum fee unless performed in Agriculture. § 28.956 Prescribed fees. (c) Administrator. The Administrator connection with other tests re­ of the Consumer and Marketing Service, Fees for fiber and processing tests quiring a blended sample------4. 00 shall be assessed as listed below: 5.1 Pressley strength of ginned cot­ or any officer or employee of the Service, ton lint by flat bundle method to whom authority has heretofore been Item Number, Kind of Test, and Fee per test for either zero or y8-inch gauge delegated, or to whom authority may 1. Furnishing U.S.D.A. calibration as specified by applicant. Report­ hereafter be delegated, to act in his stead. cotton in the short, medium, ing tqe strength of each sub­ (d) Division. The Cotton Division of long, and extra long staple sample arid the average strength the Consumer and Marketing Service. lengths, including standard for each group of replicate sub- (e) Director. The Director of the Cot­ values for length by both samples as based on two speci­ ton Division, or any officer or employee of array and Fibrograph methods, mens for each of three or more replicate unblended subsamples, the Division to whom authority has here­ strength by flat bundle method at y8 -inch gauge, and maturity per subsample______1. 25 tofore been delegated, or to whom au­ and fineness by the Causticaire Minimum fee______3. 75 thority may hereafter be delegated, to act methods : 5.2 Stelometer strength and elonga­ in his stead. a. By surface delivery, 1-pound tion of ginned cotton lint by the (f) Laboratories. Laboratories of the sample _1______$9. 00 flat bundle method for y8 -inch Cotton Division that perform the fiber b. By air delivery within the United gauge. Reporting the average and processing tests described in this States, 1-pound sample______10. 50 strength and elongation as based subpart. c. By air delivery outside the on six specimens from a blended United States, 1-pound sample. 12. 00 sample, per sample______3. 00 A dministration 2. Furnishing international calibra­ Minimum fee unless performed in § 28.951 Director. tion cotton standard values for connection with other tests re­ Micronaire reading and Pressley quiring blended sample______6. 00 The Director shall perform, for and fiber strength at zero gauge: 5.3 Stelometer strength and elonga­ under the supervision of the Administra­ a. By surface delivery, y2 -pound tion of ginned cotton lint by the tor, such duties as the Administrator s a m p le ______6. 00 flat bundle method for y8 -inch may require in enforcing the regulations b. By air delivery within United gauge. Reporting the strength in this subpart. States, y2 -pound sample______7. 00 and elongation of each subsample c. By air delivery outside United and the average of the group of F iber an d P r o c e ssin g T ests States, y2 -pound sample______8.00 replicate subsamples as based on 3. Fiber length array of cotton sam­ two specimens from each of three § 28.952 Testing of samples. ples. Reporting the average per­ or more unblended samples, per The director or his authorized repre­ centage of fibers by weight in subsam ple______1. 50 sentatives, upon written requests, shall each %-inch group, average Minimum fee______4. 50 length, and average length vari­ 6. Fiber maturity and fineness of make fiber and processing tests of the ability as based on three speci­ ginned cotton lint by the Causti­ properties of cotton samples and report mens from a blended sample: caire method. Reporting the the results thereof to the person from a. Ginned cotton lint, per sample._ 20. 00 average maturity, fineness, and whom such requests are received, subject b. Cotton comber noils, per sample. 30. 00 Micronaire reading as based on to compliance by such persons with the c. Other cotton wastes, per sample. 40. 00 two specimens from a blended regulations in this subpart and to the 3.1 Fiber length array of cotton sample, per sample______3. 00 payment by them of fees as prescribed samples. Reporting the average Minimum fee______9. 00 herein. percentage of fibers by weight in 7. Micronaire readings on ginned cot­ each y8 -inch group, average ton lint. Reporting the Micro­ § 28.953 Requirements as to samples. length, and average length varia­ naire reading as based on one bility as based on two specimens specimen from each sample, per Each sample of ginned cotton lint sub­ from a blended sample: sample ______:______. 10 mitted for fiber and processing tests a. Ginned cotton lint, per sample__ 15. 00 Minimum fee____ :______1.00 shall weigh approximately as shown be­ b. Cotton comber noils, per sample. 22. 50 8. Neps content of ginned cotton lint. low unless otherwise specified in the c. Other cotton wastes, per sample. 30. 00 Reporting the neps per 100 square Particular test item as prescribed herein : 3.2 Fiber array of cotton samples, inches as based on the web pre­ including purified or absorbent pared from a 3-gram specimen by 1 ounce or more for fiber tests. cotton. Reporting the average using accessory equipment with 6 pounds or more for carded yarn spinning percentage of fibers one-half inch the mechanical fiber blender, per and longer by weight, the average sam ple______3. 75 8 pounds or more for combed yam spinning of fibers shorter than one-fourth Minimum fee unless performed in tests. inch by weight, average length, connection with other tests re­ 10 pounds or more for carded and combed and average length variability as quiring a blended specimen_____ 7. 50 yarn spinning tests. based on three specimens from 9. Blending samples of ginned cotton Each individual sample submitted for each sample, per sample______20. 00 lint, including the blending of a 4. Fiber length of ginned cotton lint testing shall contain a tag or coupon 10-gram sample on the mechani­ by Fibrograph method. Report­ cal fiber blender and returning Hearing a number or other identification ing the average length'and aver­ the blended sample to the appli­ symbol. Individually labeled samples age length uniformity as based cant, per sample______1.50

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8534 RULES AND REGULATIONS

Item Number, Kind of Test, and Fee per test Item Number, Kind of Test, and Fee per test Item Number, Kind of Test, and Fee per test 10. Cotton carded yam spinning test. standard twist multiplier, per and a master diagram for use Reporting data on waste ex­ sample ______$30. 00 in calibrating Nickerson-Hunter tracted, yam skein strength, yam Minimum fee______60. 00 Cotton Colorimeters, per set____ $50. 00 appearance, yarn imperfections, 16. Processing and testing of addi­ 22.1 Furnishing replacement cali­ and classification and fiber tional yarn. Any carded or bration tiles for above sets, each length as specified in items 27 combed yarn number proc­ t i l e ------•—------5.00 and 4 as well as comments sum­ essed in connection with spin­ 22.2 Furnishing a Colorimeter cali­ marizing any unusual observa­ ning tests as specified in item bration sample box containing 6 tions as based on the processing Nos, 10, 12, 13, and 14 including cotton samples with color values of 6 pounds of cotton in accord­ either additional yarn numbers Rd and -j-b plotted on a color ance with standard laboratory or additional twist multipliers diagram based on the Nickerson- procedures at one of the standard employed on the same yarn num ­ Colorimeter, per box------9. 00 22.3 Furnishing new Colorimeter rates of carding of 6%, 9l/2, or bers, per additional lot of yarn— 7.50 121/2 pounds-per-hour into two of 16.1 Processing and furnishing of readings on samples in calibration the standard carded yarn num­ additional yam. Any yam num­ boxes returned for check readings, bers of 8s, 14s, 22s, 36s, 44s, or 50s' ber processed in connection with per 6-sample box______2. 00 employing a standard twist mul­ spinning tests as specified in 23. Furnishing copies of test data tiplier unless otherwise specified, items 10, 12, 13, and 14. Approxi­ worksheets. Includes individual per sample ______$50. 00 mately 300 yards on each of 16 observations and calculations Minimum fee---- *------100. 00 paper tubes for testing by the which are not routinely furnished applicant, per additional lot of to the applicant, per sheet______1.00 11. Spinning potential test. Deter­ y a m ______15. 00 24. Foreign matter content of cot­ mining the finest yarn which can 17. Twist in yarns by direct-counting ton samples. Reporting data on be spun with no ends down and method. Reporting direction of the nonlint content as based on reporting spinning potential yarn twist and average turns per inch the Shirley Analyzer separation of number. This test is made in of yam : lint and foreign matter: connection with item 10 and re­ a. Single yarns based on 40 speci­ a. For samples of ginned lint or quires an additional 4 pounds of mens per lot of yam ______35. 00 comber noils, per 100-gram cotton, per sample______50. 00 b. Plied or cabled yams based on specim en_____ .______,_____ 2.50 Minimum fee------100. 00 10 specimens per lot of yam ____ 8. 50 Minimum fee______5. 00 12. Cotton combed yarn spinning 18. Skein strength of yarn. Reporting b. For samples of ginning and test. Reporting data on waste ex­ data on the strength and the processing wastes other tracted, yarn skein strength, yarn numbers based on 25 skeins than comber noils, per 100- yarn appearance, yarn imperfec­ from yarn furnished by the appli­ gram specimen______7.50 tions, and classification and fiber cant, per sample______4. 00 Minimum fee______15.00 length as specified in items 27 18.1 Appearance grade of yam fur­ 25. Furnishing identified cotton and 4 as well as comments sum­ nished on bobbins by applicant. samples. Includes samples of marizing any unusual observa­ Reporting the appearance grade ginned lint, stock at any stage of tions as based on the processing in accordance with ASTM stand­ processing or testing, waste of any of 8 pounds of cotton in accord­ ards ^s based on yarn wound type, yarn or fabric selected and ance with standard procedures at from one bobbin, per bobbin____ 1. 50 identified in connection with one of the standard rates of card­ 18.2 Furnishing yarn wound on fiber and/or spinning tests, per ing of 4y2, 6y2, or 9i/2, pounds- boards in connection with yam identified sample______1- 00 per-hour into two of the stand­ appearance tests as specified in 26. Furnishing additional copies of ard combed yarn numbers of 22s, item Nos. 10, 12, 13, 14, and 15, test reports. Includes extra copies 36s, 44s, 50s, 60s, 80s, or 100s em­ per yam number______> 1.50 in addition to the two copies rou­ ploying a standard twist multi­ 19. Processing, weaving, and testing tinely furnished in connection plier unless otherwise specified, of fabric. Reporting data on the ' with each test item, per addi­ per sample------60. 00 warp and the filling strength by tional sheet______— • 50 Minimum fee______120. 00 the grab method: 26.1 Furnishing a certified relisting 13. Cotton carded and combed yarn a. Processed in connection with of test results. Includes samples spinning test. Reporting the re­ spinning tests as specified in or subsamples selected from any sults specified in item Nos. 10 and item Nos. 10, 12, 13, and 14, previous tests, per sheet------2.50 12 in combination as based on per lot of fabric______110. 00 27. Classification of ginned cotton b. Processed from yarns furnished the processing of 10 pounds of lint in connection with fiber cotton into two of the standard by the applicant, per lot of tests. Classification includes fa b r ic ______90.00 carded and two of the standard grade, staple and mike reading 20. Strength of cotton fabric. Report­ combed yarn numbers employ­ which requires a 6-ounce sam­ ing the average warp and filling ing the same carding rate and ple, per sample I ______■ 55 strength by the grab method as the same yarn numbers for both 28. Combination fiber tests: based on five breaks for both the carded and the combed a. Test items 4, 5, and 6, per sam­ warp and filling of fabric fur­ yarns, per sample------75. 00 ple ______6.00 nished by the applicant, per Minimum fee______150. 00 b. Test items 4, 5.2, and 6, per sample ______6.00 sample ______7.00 14. Cotton carded and combed yarn 20.1 Cotton fabric analysis. Report­ 28.1 Combination fiber tests: spinning test. Reporting the re­ ing data on the number of warp a. Test items 4, 5, and 7, per sults specified in item Nos. 10 and filling threads per inch and sample ______3.50 and 12 in combination as based the weight per yard of fabric as a. Test items 4, 5.2, and 7, per on the processing of 9 pounds of based on at least three (3) 6- x 6- sam p le______4,50 cotton into two of the standard inch specimens of fabric which 28.2 Combination fiber tests: carded and two of the standard was processed as specified in a. Test items 4.1, 5.1, and 7 on three combed yarn numbers employ­ item No. 19, or furnished by the or more replicate subsamples, ing different carding rates and/or applicant, per sample ______11.00 per subsample______2- yarn numbers for the carded and Minimum fee------22. 00 Minimum fee______™ ______90. 00 combed yarns, per sample 21. Color of ginned cotton lint. Re­ b. Test items 4.1, 5.3 and 7 on three Minimum fee______180.00 porting data on the reflectance or more replicate subsamples, 15. Two-pound cotton carded yarn in terms of Rd values and the per subsample------2- j" spinning test available to cotton degree of yellowness in terms of Minimum fee------— ------50 breeders only. Reporting data on b valves as based on color tests 29. Mercerizing and testing of cotton yarn skein strength, yam ap­ employing the Nickerson-Hunter yarn. Reporting data on the lus­ pearance, yarn imperfections, and Colorimeter on samples which ter of two 120-yard skeins and the classification and the fiber have a uniform surface measur­ strength of the yarn as based on * length of the cotton as specified ing 5 x 6 y2 inches and weighing twenty-five 120-yard skeins mer­ in item Nos. 27 and 4 as well as approximately 50 grams in order cerized in accordance with stand­ comments on any unusual proc­ to provide specimens which are ard laboratory procedures. essing performance as based on sufficiently thick to be opaque, a. Including the processing of the the processing of 2 pounds of cot­ per sample______. 25 extra yam in connection with ton in accordance with stand­ Minimum fee______2. 00 spinning test item Nos. 10, 12, ard procedures into two standard 22. Furnishing color standards, in­ 13, and 14, per lot of yam ------carded yarn numbers employing a cluding a set of standard tiles Minimum fee------0

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8535

Item Number, Kind of Test, and Fee per test travel of the inspector or inspectors in the earliest possible date. Therefore, b. For yam furnished by the appli­ connection therewith, at the rate of $9 under the provisions o f 5 U.S.C. 553, it cant, 27 skeins of 120 yards each per hour for each inspector for the time is found that notice and public pro­ required, per lot of yarn______$12.50 actually required, exceçt as provided in cedure with respect to the revision are Minimum fee------50.00 paragraph (b) of this section. impracticable and unnecessary. 30. Bleaching and testing of cotton yam. Reporting data on the color (b) Overtime rate. I f an applicant re­ Effective date. This revision shall be­ of the yam In terms of Rd re­ quires that any inspection or checkload­ come effective on July 1,1970. flectance values and plus b degree ing service be performed on a holiday, Dated. May 26, 1970. of yellowness values as based on Saturday, Sunday, or outside the inspec­ the measurement of two 120-yard tor’s regularly scheduled tour Of duty on G . R . G r ange, skeins either processed in connec­ Monday through Friday, he shall be Deputy Administrator, tion with spinning test item Nos. Marketing Services. 10, 12, 13, and 14 or furnished charged for such service at the rate of [F.R. Doc. 70-6763; Filed, June 2, 1970; by the applicant and bleached in $11 per hour. accordance with standard labora­ (c) Travel expenses and other charges. 8:48 a m .] tory procedures, per lot of Charges may be made to cover the cost y a m ______5.00 of travel and other expenses incurred by PART 68— REGULATIONS AND Minimum fee______50.00 the Service in connection with the per­ 31. Bleaching, dyeing, and testing of STANDARDS FOR INSPECTION AND cotton yam. Reporting data on formance of any inspection or check­ CERTIFICATION OF CERTAIN AGRI­ the color of the dyed yam in loading service on a fee basis. Such terms of Rd reflectance values charges shall include the costs of travel, CULTURAL COMMODITIES AND and minus b degree of blueness per diem, and other expenses. PRODUCTS THEREOF values as based on the measure­ ment of two 120-yard skeins § 28.959 Payment o f fees. Fees and Charges for Certain Federal either processed in connection As soon as practicable after the last , Inspection Services with spinning test item Nos. 10, day of each calendar month, bills shall 12, 13, and 14 or furnished by the Pursuant to sections 203 and 205 of the be rendered by officers in charge of test­ Agricultural Marketing Act of 1946, as applicant and bleached then dyed ing laboratories to all persons from in accordance with standard lab­ amended (7 U.S.C. 1622, 1624), the pro­ oratory procedures, per lot of whom payment of fees and costs under visions of 7 CFR 68.42 prescribing fees y a m ______7.50 the regulations in this subpart shall be­ in connection with the inspection of agri­ Minimum fee______75.00 come due, provided that when desirable cultural . commodities administratively 32. Dyeing and testing of grey cotton any bill may be rendered at an earlier assigned to the Grain Division are hereby yam. Reporting data on the color date. Payment shall be by check or by amended as follows: of the dyed yam in terms of Rd draft or post office or express money reflectance values and minus b order, payable to the order of “ Consumer Statement of considerations.—The degree of blueness values as based and Marketing Service, USDA.” Agricultural Marketing Act of 1946 pro­ on the measurement of two 120- vides for the collection of fees equal as yard skeins either processed in § 28.960 Limitation o f testing services. nearly as may be the cost of inspection connection with spinning test services rendered under its provisions. * item Nos. 10,12,13, and 14 or fur­ I f at any time funds available for serv­ nished by the applicant and dyed ices under the regulations in this subpart This amendment increases the hourly in accordance with standard lab­ may be insufficient to provide for the rate for services charged by the hour un­ oratory procedures, per lot of testing of all samples that may be sub­ der Part 68 from $8.25 to $8.80 per hour y a m ------5.00 mitted for the purpose, the Director may and makes corresponding changes in fees Minimum fee______50.00 place reasonable limitations upon the or charges for certain other services 33. Lust«* of cotton yam. Reporting quantities of samples to be submitted by which are based on the hourly rate. The data on the percent luster of grey changes are necessary due to recent gen­ or mercerized yam either proc­ individuals during any one fiscal year or essed in connection with spin­ any one calendar month, and may direct eral salary increases to Federal em­ ning test item Nos. 10, 12, 13, and that samples received from cotton ployees and increased per diem rates. 14 or furnished by the applicant breeders shall take precedence over those The amendment also provides for the as based on the measurement of received from other persons. addition of the laboratory test, linolenic two 120-yard skeins, per lot of § 28.961 Confidential information. acid, and establishes a fee for this test. y a m ------1.50 Section 68.42 is amended to read as Minimum fee__^______4.50 No information concerning individual follows: 34. Color of cotton yam. Reporting tests under the regulations in this sub­ data on the color of grey, part shall be published or communicated § 68.42 Fees and charges for certain bleached, dyed, or bleached and Federal inspection services. dyed yam either processed in con­ in such a way as to disclose to others the nection with spinning test items identity of the owners of cotton repre­ The following fees and charges apply 10, 12, 13, and 14 or furnished by sented by samples submitted for testing, to the Federal inspection services the applicant as based on the except with the written permission of specified below: measurement of two 120-yard such owners. Fee or skeins, per lot of yarn______1.50 Service Charge Minimum fee______4.50 § 28.962 False and misleading informa­ tion. Appeal Inspection: § 28.957 Special tests and fees. (a) Basis original sample: The publication or communication by (1) R ic e ______{*) Tests may be performed for cooperat­ any person of false or misleading infor­ (2) Other commodities______(2) ing agencies and organizations to the mation concerning the results of tests as (b) Basis new sample: extent that available facilities will per- reported by laboratories under the regu­ (1) All commodities______(*) subject to the payment of fees as lations in this subpart shall be deemed Bean, lentil, and pea inspection (in ­ determined by the Director. Special tests sufficient cause for denial of testing serv­ cluding chick peas, cowpeas, and services not listed in § 28.956 may ices to such persons. split peas, and similar com­ Performed to the extent that avail­ modities) : 1 able facilities will permit, subject to the This revision pertains to changes in (a) Lot inspection: Payment of fees determined by the fees, deletion of obsolete test items, clari­ (1) Field run (quality and Director. fications in wording of existing sections, dockage analysis)—per lot__$5.60 and addition of new test items. The re­ (2) Other than field run (grade, § 28.958 Fees and charges for inspection vision of fees depends upon facts within class, and quality) — per lot__4.20 and checkloading services. (In addition to the fee for the knowledge of the Consumer and analysis or grading in (1) (a) Base rate. Fees to be charged Marketing Service. The other changes and (2) above, a fee for and collected for inspection and check- will not require advance preparation or sampling, checkweighing, 1? services furnished on a fee basis cause undue hardships on the part of and checkloading, if any, nail be based on the time required to users of the testing service. Moreover, will he assessed at the pre­ s.ucil seryice including but not it will be to the advantage of such users scribed rate.) united to, the time required for the to have the new test items available at See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107------2 8536 RULES AND REGULATIONS

Fee or Fee or Fee or Service Charge Service Charge Service Charge (b) Sample inspection: (37) Fiber, crude______$3.35 (99) Xanthydrol test for rodent (1) Field run (quality and (38) Filth — heavy______3.05 urine ______$2. 50 dockage analysis) — per lot___ $5. 60 (39) Filth — light...... 4. 85 (If a requested analysis or test (2) Other than field run (grade, (40) Flash point — open and is on the basis of a speci­ class, and quality)— per sam­ closed cup______3. 05 fied moisture content, a ple ______4.20 (41) Flavor, odor, and appear­ charge for an oven moisture Checkloading—per man-hour______4 8 .80 ance of oils______1.10 test will also be made.) Checkweighing—per man-hour_____ 4 8 .80 (42) Foots — heated and/or Lentil inspection: (See Bean Condition examination—per man­ chilled ______2. 15 inspection) hour ______1------4 8. 80 (43) Foreign material — proc­ Minimum fee for services covered by Extra copies of certificates— per essed grain products______2. 65 hourly rates— a minimum fee for copy ______.75 (44) Free fatty acids—oil and 2 hours per man, per service re­ Grade factor analysis (as defined in shortening ______2. 35 quest, will be assessed at the any official U.S. Standards) per (45) Gossypol, free______3. 00 applicable hourly rate. factor ______2.80 (46) Grade and class of un­ New inspection (retest)—fees and Hay and straw inspection : processed grain______5 2. 00 charges to be based on services (a) Lot inspection: (47) Heating test — oil and requested. (1) For sampling and grading— shortening ______2.25 Pea inspection: (See Bean inspec­ per man-hour______8. 80 (48) Hydrogen-ion concentra­ tion) (b) Sample inspection: tion — pH______1. 70 Rice inspection : (1) Grade only—per sample___N 5.60 (49) Insoluble bromides______2. 20 ( a ) Lot inspection : (2) Factor analysis— per man­ (50) Insoluble impurities — oil (1) For sampling, inspection hour ______8.80 and shortening______2. 80 for grade, factor analysis, Hop inspection: (51) Iodine number or value. _ 2.60 equal to type, or milling (a) Lot inspection: (52) Iron — enrichment______6. 65 yield-—whether singly or (1) For seed, leaf, and stem (53) Keeping time—oil and combined— 100 lbs______T. 0125 content— per lot______6. 65 shortening ______4.90 (i) Minimum fee— per lot: (2) Aphid i n f e s t a t i o n— per (54) Kjeldahl—protein ______2.05 Milled rice______2.50 lo t ______1______8. 80 (55) Linolenic acid______12.00 Brown rice or rough rice____ 4.00 (In addition to the fee for (56) Lipoid phosphoric acid____ 5. 75 (2) For sampling and inspec­ analysis in (1) and (2) (57) Loss on heating (o il)_____ 1.35 tion for origin—per 100 above, a charge for sam­ (58) L y s in e ______15.00 lbs ______T. 005 pling, if any, will be assessed (59) Maltose value______2.80 (i) Minimum fee— per lot__ 2.00 at the prescribed rate.) (60) Marine oil in vegetable (3) For inspection for origin (b) Sample inspection: oil— qualitative ______2. 20 when inspected for grade, (1 ) For seed, leaf, and stem con- (61) Melting point— Wiley_____ 2.60 factor analysis, equal to tent— per sample______6. 65 (62) Milling—wheat to flour___ 4.65 type, or milling yield— per (2) Aphid in festatio n —per (63) Moisture— distillation ____ 2.15 l o t ______1.00 sam ple______8. 80 (64) Moisture— oven ______1.45 (b ) Sample inspection : Laboratory testing: (65) Moisture and volatile mat­ (1) For inspection for grade, (a) In addition to the charges, if ter— oil and shortening______1. 35 factor analysis, equal to any, for sampling or other re­ (66) Nitrogen solubility index— 2.60 type, or milling yield— quested service, a fee wiH be (67) Odor, appearance, and whether singly or com­ assessed for each laboratory flavor of oils______:_____ 1.10 bined— per sample: analysis or test as follows: (68) Oil content— oilseeds_____ 3.50 (i) Brown rice or rough rice (1) Acetyl value______5.00 (69) pH— Hydrogen-ion concen­ (including milling yield)___ 3.50 (2) Acidity—Greek ...... 1.70 tration ______1.70 (ii) Brown rice or rough (3) Acid value— oil______2.35 (70) Peroxide value______1.75 rice (excluding milling (4) Appearance, flavor, and odor (71) Peroxide value after 8 y ie ld )______2.00 o f oils...... _...... 1.10 hours AOM ______4. 80 Milled rice______2.00 (5) Ash ______1.70 (72) Phosphorus—photometric. 3.65 Sampling per man-hour.,______8.80 (6) Bacteria Count-______3.50 (73) Popping value— popcorn__1. 50 Special inspection service per (7) Baking test—Bread------3. 95 (74) Potassium bromate— qual­ m a n -h o u r_____ :______4 8. 80 (8) Baking test— prepared m ix. 3.05 itative ______.85 Split pea inspection: (See Bean (9) Baume _____ ,______4.50 (75) Potassium bromate— quan­ inspection) (10) Break test______3.05 titative ______3.25 Standby time per man-hour______8.80 (11) Calcium— AOAC ______4.00 (76) Protein for cargo wheat— Straw inspection: (See Hay inspec­ (12) Calcium enrichment_____ 4.00 duplicate test required______6 5.45 tion) (13) Calcium carbonate______4.00 (77) Protein—Kjeldahl______2. 05 Type samples, rice milling degrees. _8 50.00 (14) Carotenoid color______4.50 (78) Reducing sugars______8.40 1 One quarter of the fee for the original (15) Clarity of oils involving (79) Refining loss— oils______5.75 heating ______1.45 inspection. Minimum fee, if any, for rice (16) Cold test— oll_...... 75 (80) Refractive index______1.20 $8.80. (17) Color— bleached ____ 2.10 (81) Riboflavin_____ i ______6.60 2 The applicable grading or laboratory (18) Color— Gardner ______2.10 (82) Rope spore count______11.10 analysis or testing charge. Minimum fee, if (19) Color— Lovibond ______2.10 (83) Salt - ______3.50 any, $8.80. (20) Color— W e s s o n ______2.10 (84) Saponification number___ 3.05 »Applicable sampling charge, if any plus (21) Color— oil and shortening- 2.10 applicable grading, or laboratory analysis or (22) Congeal point_____ - ______4.30 (85) Sedimentation v a 1 u e— w h e at______, ___ 9 i 25 testing fee. (23) Consistency ______1.35 4 Only one fee will he charged for these (86) Sieve test______2. 20 (24) Cooking test______- 1. 85 services whether performed singly or (87) Smoke point______1. 40 (25) Crude fat______2.25 concurrently. (But see minimum fee (88) Softening point______4. 30 (26) Crude fiber______3.35 requirement.) (89) Solid fat index______9. 90 6 To be used only in conjunction with the (27) Density ______1.20 (90) Solubility in aloohol (o il). 1.10 inspection of a processed product for (28) Diatomaceous earth—on compliance with contract specifications. g r a i n ___ - ______— 3.05 (91) Specific baking volume— prepared mix______3. 05 6 No sampling fee will be assessed if a (29) Diastatic activity of flour. 2.80 (92) Specific gravity— oils____* 2. 95 portion of an appeal sample, license inspec­ (30) Enrichment— quick test__ . 85 (93) Test weight per bushel— tor’s sample, or submitted sample is used for (31) Falling number______1.25 other than grain______1.20 these tests. (In no instance will more than one sampling fee be assessed per service (32) Fat— acid hydrolysis------4. 40 (94) Unsaponifiable matter____ 5.80 request.) (33) Fat, crude______2.25 (95) Urease activity------2.25 (34) Fat, extraction______2. 25 7 In the case of railroad cars, the weight (96) Viscosity — G a r d n e r - shall be based on weight tickets, or weight (35) Fat acidity______- ______1.70 Holdt— oils — ______1.50 certificates, if available at the time of in­ (36) Fat stability— AOM------4.80 (97) Viscosity— S a y b o lt------3. 85 spection; otherwise, on the marked capacity See footnotes at end of table. (98) Water soluble protein_____ 2.60 of the railroad car. i FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8537

«The type samples illustrate the lower 3. Under New Jersey, the rate for com­ month changes. The publication annu­ limit for milling degrees only. Type samples puting diversion payments for Warren ally in the F ederal R e g ister of the will he available for examination at, or may County for barley should read “ 1.09.” Monthly Sales List is designed to mini­ be purchased from the Grain Inspection 4. Under New York, the rate for com­ mize the repetitive publication of price Branch, Grain Division, Consumer and Mar­ puting diversion payments for Wayne information and shall not be construed keting Service, U.S. Department of Agricul­ ture, Federal Center Building, Hyattsville, County for barley should read “ 1.09.” as an annual sales policy commitment by Md. 20782. Type samples will also be available 5. Under Ohio, the rate for computing CCC. The Commodity Credit Corporation for examination at selected Field Offices of diversion payments for Jackson County reserves the right to make any amend­ the Grain Division. A list of the Field Offices for grain sorghum should read “ 1.15.” ments deleting or adding to the provi­ may be obtained from the above address. (Sec. 16(1), 79 Stat. 1190, as amended, 16 sions of the Monthly Sales List or chang­ (Secs. 203, 205, 60 Stat. 1087, 1090, as U.S.C. 590p(i); sec. 105(e), 79 Stat. 1188, as ing prices or methods of sale, including amended; 7 U.S.C. 1622, 1624; 29 F.R. 16210, amended, 7 U.S.C. 1441 note) but not limited to, changes in the mini­ as amended, 33 F.R. 10750) mum price percentage, markups and Effective date: Date of publication in carrying charges. These lists are issued The need for increases in the fees the F ederal R egister. for the purpose of public information and for services and the amount thereof are dependent upon facts within the knowl­ Signed at Washington, D.C., on May 26, do not constitute an offer to sell by the edge of the Consumer and Marketing 1970. Commodity Credit Corporation or an K e n n e t h F r ic k , invitation for offers to purchase from Service. The additional services provided E: the Corporation. The Monthly Sales List for in this document are voluntary in Administrator, Agricultural Sta­ nature. The provisions therefor do not bilization and Conservation will set forth either the prices or the require any action by any member of the Service. pricing basis at which commodity hold­ public but make available services for [F.R. Doc. 70-6862; FUed, June 2, 1970; ings of the Commodity Credit Corpora­ which there is a public need. Therefore, 8:52 am .] tion are available for sale for domestic under the administrative procedure pro­ unrestricted use, for export, and redemp­ visions of 5 U.S.C. 553, it is found upon tion of payment-in-kind certificates. good cause that notice and other public Chapter XIV— Commodity Credit Cor­ Information concerning barter and credit rulemaking procedures on the amend­ poration, Department of Agriculture will also be included. To be placed on the mailing list for the Monthly Sales ments are impracticable and, unneces­ SUBCHAPTER A— GENERAL REGULATIONS AND sary. List press release, applications should be POLICIES made to the Director, Grain Division, This amendment shall become effec­ {Arndt. 2] ASCS, USDA, Washington, D.C. 20250. tive July 1,1970. PART 1402— POLICY FOR CERTAIN Effective date: July 1,1970. Done at Washington, D.C., this 28th COMMODITIES AVAILABLE FOR SALE day of May 1970. Signed at Washington, D.C., on May 27, Publication of Monthly Sales List 1970. G . R . G r ang e, K e n n e t h E. F r ic k , Deputy Administrator, Part 1402 of Chapter XIV of Title 7 Executive Vice President, Marketing Services of the Code of Federal Regulations, pub­ Commodity Credit Corporation. [F.R. Doc. 70-6861; Filed, June 2, 1970; lished in the F ederal R e g ister of Octo­ [F.R. Doc. 70-6865; Filed, June 2, 1970; 8:52 a.m.] ber 16, 1954 (19 F.R. 6669), redesignated 8:52 a.m.] in the F ederal R eg ister of January 23, Chapter VII— Agricultural Stabiliza­ 1963 (28 F.R. 579), and amended in the F ederal R e g ister of January 31, 1970 SUBCHAPTER B— LOANS, PURCHASES, AND tion and Conservation Service (35 F.R. 1276), is further amended as OTHER OPERATIONS (Agricultural Adjustment), Depart­ follows: {CCC Grain Price Support Regs., 1970 and ment of Agriculture Section 1402.101 is amended by delet­ Subsequent Crops Dry Edible Bean Supp.] SUBCHAPTER C— SPECIAL PROGRAMS ing the references to the Annual Sales List and by providing that a Monthly PART 1421— GRAINS AND SIMILARLY PART 775— FEED GRAINS Sales List will be published in press re­ HANDLED COMMODITIES lease form on a monthly revision basis Subpart— 1970 and Subsequent Crops Subpart— 1970 Feed Grain Program with intra-month amendments and will Dry Edible Bean Loan and Purchase C o u n t y P rojected Y ie l d s a n d C o u n t y be published in the F ederal R e g ister on R a t e s ; C o r r e c t io n a yearly revision basis with intra-month Program and end-of-month amendments. Section The General Regulations Governing In P.R. Doc. 70-3322 appearing at page 1402.101, as amended, reads as follows: 5082 in the issue of Thursday, March 26, Price Support for the 1970 and Subse­ 1970, the following corrections are made § 1402.101 General. quent Crops (35 F.R. 7363) issued by the in the tabular material in § 775.25: Commodity Credit Corporation which To facilitate, trade in private trade contain regulations of a general nature 1* Under Arkansas, the projected yield channels the Commodity Credit Corpora­ for Benton County for grain sorghum, with respect to price support operations tion will disseminate general sales offer­ are supplemented for the 1970 and sub­ now reading "29.1,” should read “ 29.2.” ing information via press release and 2. Under Massachusetts, the projected sequent crops of dry edible beans as F ederal R e g ister notice. Since carrying herein stated. The regulations previously yields for all counties for corn and grain charges must be incorporated in statu­ sorghum are changed to read as follows: appearing in §§ 1421.2460 through 1421.- tory minimum prices for certain com­ 72 remains in full force and effect as to modities and since such carrying charges prior crops of dry edible beans. County ■ Com Grain are conveniently accrued on a monthly sorghum basis, a Monthly Sales List will be pub­ Sec. ■*—---— - lished in press release form. The Monthly 1421.120 Purpose. 1421.121 Availability. Barnstable 72.0 49.4 Sales List will be completely revised and Berkshire. 77.0 1421.122 Eligible beans. Bristol.. 59.7 republished by press release at the be­ Dukes.. 74.0 1421.123 Determination of quality. ■Essex.. 72.0 ginning of each month and amended as 1421.124 Determination of quantity for Franklin 77.0 necessary during the month. The Month­ loans. Hampden.. 75.0 ly Sales List, containing sales informa­ 1421.125 Warehouse receipts. Hampshire 7a 0 sao 1421.126 Warehouse charges and packaging. Middlesex. 73.0 tion for as many months p i the fiscal Nantucket.. 76.0 year as is possible, will be published in 1421.127 Fees and charges. Norfolk 76.0 1421.128 Maturity of loans. Plymouth... full in the F ederal R e g ister at the be­ Suffolk. 7a 0 ----- ginning of each fiscal year (July 1), 1421.129 Inspection certificates. Worcester.. 74.0 4a 3 and will be amended in the F ederal R e g ­ 1421.130 Settlement. State- ...... — - 75.5 52. S ist e r from time to time during the fiscal 1421.131 Storage in-translt, year to reflect intra-month and end-of- 1421.132 Support rates.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8538 RULES AND REGULATIONS

Au th o r ity: The provisions of this subpart house shall be based on the net weight inspection, and all other charges (except issued under sec. 4, 62 Stat. 1070, as amended; specified on the warehouse receipt or on receiving and loading out charges in 15 U.S.C. 714b. Interpret or apply sec. 5, 62 the supplemental certificate, if applica­ the warehouse in which the beans are Stat. 1072, secs. 301, 401, 63 Stat. 1053, 15 ble, representing such beans. acquired by CCC) accruing through the U.S.C. 714c, 7 U.S.C. 1421, 1441. (2) Identity preserved. The amount of maturity date for loans. Such charges § 1421.120 Purpose. a loan on a quantity of eligible beans shall include the cost of movement to a This supplement contains program stored identity preserved in an approved normal railroad shipping point if the provisions which, together with the an­ warehouse shall be based on a percent­ warehouse is not located on a railroad, nual dry edible bean crop year supple­ age, as determined by the State commit­ and any unpiling, turning, repiling, or ment and the provisions of the General tee of the net weight specified on the other charges, except loading out charges Regulations Governing Price Support for warehouse receipt or on the supplemen­ incident to official weight and grade de­ the 1970 and Subsequent Crops and any tal certificate, if applicable, representing terminations on identity-preserved amendments thereto or revisions thereof, such beans. Such percentage shall not beans. CCC will assume warehouse stor­ and the Cooperative Marketing Associa­ exceed 95 percent of the net weight so age charges in accordance with the Bean tion Eligibility Requirements for Price specified. The State committee’s deter­ Storage Agreement accruing after the Support in Part 1425 of this chapter and mination shall be made on a statewide maturity date for loans for beans any amendments thereto or revisions basis or for specified areas within the acquired by CCC. thereof, apply to loans and purchases for State. The county committee may lower (b) Packaging. The producer must the 1970 and subsequent crops of dry such percentage on an individual basis arrange for the beans to be packaged edible beans. when determined by it to be in the best 100 pounds net weight in new Jute or interest of CCC. multiwall paper bags prior to their deliv­ § 1421.121 Availability. (b) On farm. Amount of a loan on aery to CCC. Bags must be marked to show Producers desiring price support for quantity of beans stored in approved the commodity name and class, the net dry edible beans must request their loans farm storage shall be determined in ac­ weight, and the name and address of or notify the ASCS County Office of in­ cordance with § 1421.18 on the basis of the packer. The bags in which the beans tentions to sell to CCC no later than a percentage of the estimated net weight are packed must meet the specifica­ the dates set forth in the applicable of the beans so stored, or, if the beans tions of subparagraph (1) or (2) of this annual crop-year supplement to the reg­ have not been processed, on the basis of paragraph: ulations contained in this part. a percentage of the estimated net weight " (1) Jute bags. The bags must be made of the sound beans so stored as deter­ of 36-inch, extra quality 10.4-ounce or §1421.122 Eligible beans. mined by an inspection by a representa­ heavier jute. Bag seams must be as (a) General. To be eligible for price tive of the county committee. Such strong as the full strength of the cloth. support, the beans must be merchantable quantity shall be expressed in whole units (2) Multiwall paper bags. Paper bags for use as food or feed or for other use, of 100 pounds. must meet the requirements of Federal Specification UU-S-48 as supplemented. as determined by CCC, and must meet § 1421.125 Warehouse receipts. the additional requirements of this The walls shall be either Class A Heavy section. (a) General. Warehouse receipts rep­ Duty Shipping Sack Kraft or Class P (1) Classes. The beans must be dry resenting beans in approved warehouse Heavy Duty Extensible Shipping Sack edible beans of the classes Pea, Medium storage placed under warehouse storage Kraft Papers. The bag shall be open- White, Great Northern, Small White, loan, or delivered in satisfaction of a mouth style constructed of four walls of Flat Small White, Pink, Small Red, farm storage loan or for purchase must either 2/50# and 2/60# 220 pounds total Pinto, Dark Red Kidney, Light Red meet the requirements of this section and basis weight Class A paper or 4/50# 200 Kidney, Western Red Kidney, Large the General Regulations Governing Price pounds total basis weight Class F paper. Lima, and Baby Lima. Support for 1970 and Subsequent Crops The outer wall shall be treated (me­ (2) Contamination and poisonous sub­ as amended or revised. chanically or chemically) for antiskid stances. The beans must not be con­ (b) Grade and class. A separate ware­ properties. The bottom and top of the taminated by rodents, birds, insects, or house receipt must be submitted for each bag shall be closed by sewing through all other vermin or contain mercurial com­ grade and class of beans. walls with 12/6 needle and 12/5 cotton pounds or other substances poisonous to (c) Entries. Each warehouse receipt, looper thread, or with a single thread man or animals. or supplemental certificate properly iden­ chain stitch, Type 101, with a 12/6 cotton (b) Warehouse stored. To be eligible tified with the warehouse receipt, must thread (other threads of equivalent as security for a warehouse storage loan, show (1) net weight, (2) class, (3) strength are permitted). Stitches shall the beans must also be (1) stored in an grade, (4) whether the beans will be be spaced 3.0 to 3.6 to the inch. The approved warehouse, and (2) repre­ packaged in jute or paper bags on deliv­ manufactured end of the bag shall be sented by warehouse receipts (or ware­ ery, and (5) in the case of “identity sewn at a depth of not less than three- house receipts and supplemental certifi­ preserved” beans, the warehouse receipt eighths inch nor more than three-fourths cates) for beans grading No. 2 or better shall show the lot number, and must be inch and shall incorporate a 2%-inch and containing not more than 18 percent accompanied by a supplemental certifi­ minimum width 70-pound nominal baas moisture. cate executed by the producer in which weight, flat, creped, or extensible krait he assumes responsibility for any loss in paper. After filling, the top of the bag § 1421.123 Determination o f quality. the quantity or quality of beans shown shall be machine sewn at a depth of not (a) Quality. The class, grade, and all thereon to the extent provided in the less than three-eighths inch. other quality factors shall be in accord­ program regulations. When beans stored § 1421.127 Fees and charges. ance with the Official U.S. Standards for on a commingled basis have not been The producer shall pay a loan service Beans, whether, or not such determina­ processed prior to issuance of the ware­ tions are made on the basis of an official house receipt, the warehouse receipt or fee and delivery charge as specified m inspection. the supplemental certificate must also § 1421.11. (b) Warehouse storage. If the beans show the gross weight, moisture, and §1421.128 Maturity of loans. are stored in an approved warehouse, percentage of total defects of the beans Loans will mature on demand but not loans will be made on the class, grade, received and the quantity and quality later than the date specified in the an­ and quality of beans specified on the which the warehouseman guarantees to nual crop year supplement to t warehouse receipt, or supplemental cer­ deliver. regulations in this part. tificate, if applicable, representing such § 1421.126 Warehouse charges and § 1421.129 Inspection certificates. beans. packaging. Except in the case of loans on beans § 1421.124 Determination o f quantity (a) Warehouse charges. Prior to the for loans. stored commingled in an approved wa time that the beans are placed under house, settlement with the producer (a) In warehouse— (1) Commingled. warehouse-storage loans, or acquired by all beans acquired by CCC will be base The amount of a loan on eligible beans CCC, the producer shall arrange for pay­ stored commingled in an approved ware­ ment of storage, bagging, processing, on the class, grade, and quality shown o

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8539

Federal or Federal-State lot inspection § 1421.132 Support rates. (Form CCC-614), indicating the ap­ certificates. Such inspection certificates The support rates and the schedule of proximate quantity of 1970 crop oats he shall be dated not earlier than 30 days premiums and discounts for use in mak­ will sell to CCC, on or before May 31, prior to the applicable maturity date for ing loans and for use in settling loans 1971, in the States named in this section and on or before April 30, 1971, in all beans. The cost of Federal or Federal- and for purchases shall be set forth in State lot inspections as required by this the annual crop year supplement to the other States. section and § 1421.130 shall not be for regulations in this part. §1421.272 Maturity o f loans. the account of CCC. Effective upon publication in the F ed­ Unless demand is made earlier, loans § 1421.130 Settlement. er al R eg iste r . on oats stored in Alaska, Idaho, Maine, Michigan, Minnesota, Montana, North Settlement for eligible beans acquired Signed at Washington, D.C., on May 20, Dakota, Oregon, South Dakota, Wash­ by CCC under loan or by purchase will 1970. be made with the producer as provided ington, Wisconsin, and Wyoming, mature K e n n e t h E. F r ic k , on May .31, 1971, and loans on oats in § 1421.23 and this section. Executive Vice President, (a) Commingled warehouse stored. Commodity Credit Corporation. stored in all other States mature on Settlement for eligible beans stored com­ April 30, 1971. mingled in an approved warehouse and [F.R. Doc. 70-6866; Piled, June 2, 1970; 8:52 a.m.] § 1421.273 Deduction o f storage acquired by CCC under a loan or by pur­ charges. chase shall be made on the basis of the class, grade, and quality and net weight (a) Warehouses approved under Uni­ SUBCHAPTER B— LOANS, PURCHASES, AND form Grain Storage Agreement. Subject which are specified by the warehouse OTHER OPERATIONS receipt representing such beans or the to the provisions of § 1421.252, the fol­ supplemental certificate, if applicable. [CCC Grain Price Support Regs., 1970 Crop lowing schedules of deductions shall ap­ (b) Other storage. Settlement for eligi­ Oat Supp.] ply to oats stored in an approved ware­ ble beans acquired under loan or by pur­ PART 1421— GRAINS AND SIMILARLY house operating under the Uniform chase not stored commingled in an ap­ HANDLED COMMODITIES Grain Storage Agreement. proved warehouse shall be made on the basis of the class, grade, and quality Subpart— 1970 Crop Oat Loan and Maturity date Deduction Maturity date shown on Federal or Federal-State lot Purchase Program Apr. 30,1971 (cents per May 31,1971 inspection certificates and on the basis bushel) of the quantity shown on official weight The General Regulations Governing Price Support for the 1970 and Subse­ (»)...... 0). certificates, except that the weight of 11 Prior to May 8,1970. bagged beans shall be the net weight of quent Crops, published at 35 F.R. 7363 Prior to May 14,1970. 10 May 8-June 13. and the 1970 and Subsequent Crop Oats May 14-June 19...... 9 June 14-July 20. the lot as determined from the official June 20-July 26...... 8 July 21-Aug. 26. weight certificate or a quantity deter­ Loan and Purchase Program regulations July 27-Sept. 1 ...... 7. Aug. 27-Oct. 2. mined by multiplying the number of bags published at 35 F.R. 8340 and any Sept. 2-Oct. 8______6 Oct. 3-Nov. 8. Oct. 9-Nov. 14______5 Nov. 9-Dec. 15. by 100 pounds, whichever is smaller. The amendments to such regulations, are Nov. 15-Dec. 21______4 Dec. 16,1970-Jan. 21, inspection and weight certificates speci­ further supplemented for the 1970 crop 1971. of oats by adding §§ 1421.270-1421.274 Dec. 22, 1970-Jan. 27, 3 Jan. 22-Feb. 27. fied above in this program must be dated 1971. not earlier than 30 days prior to the ap­ to read as follows. The material previ­ Jan. 28-Mar. 5...... 2 Feb. 28-Apr. 5. plicable maturity date for beans and ously appearing in §^1421.2661-1421.2665 Mar. 6-Apr. 30,1971.. 1 Apr. 6-May 31,1971. shall be furnished the county committee remains in full force and effect as to the at the time of delivery. crops to which it was applicable, > Dates storage charges start, all dates inclusive. § 1421.131 Storage in-transit. sec. Co) Warehouse operated "by eastern 1421.270 Purpose. common carriers. (1) Eligible oats stored Reimbursement will be made by CCC 1421.271 Availability. in the following approved eastern com­ to producers or warehousemen for paid- 1421.272 Maturity of loans. mon carrier warehouse may be placed in freight on beans stored in approved 1421.273 Deduction of storage charges. under loan or ..offered for sale to CCC: warehouses, subject to the following 1421.274 Support rates. Pennsylvania Railroad Co., Canton Eleva­ conditions: Authority : The provisions of this subpart tor— Warehouse Code 9-2151^ Baltimore, (a) The movement from point of origin issued under sec. 4, 62 Stat. 1070, as Md. to storage point must be an “in-line” amended; 15 U.S.C. 714b. Interpret or apply movement as determined by CCC, and sec. 5, 62 Stat. 1072, secs. 105, 401, 63 Stat. (2) Subject to the provisions of |nust be no greater than 100 miles from 1051, as amended; 15 U.S.C. 714c; 7 U.S.C. § 1421.252, the following schedule of de­ the point of production unless otherwise 1421, 1441. ductions shall apply to oats stored in the approved by CCC prior to the date of § 1421.270 Purpose. approved warehouse listed in subpara­ shipment. graph (1) of this paragraph b: (b) The freight must have been paid This supplement contains additional ^ the person claiming reimbursement program provisions which, together with and he must not have been otherwise the provisions of the General Regulations Maturity date Deduction Maturity date Governing Price Support for the 1970 Apr. 30,1971 (cents per May 31,1971 reimbursed. bushel) (c) The warehousemen must furnish and Subsequent Crops, the 1970 and Sub­ sequent Crop Oats Loan and Purchase ffie descriptive data on all freight bills <«)-— *— ...... (J) (»). ?r transit tonnage slips on all eligible Program regulations, and any amend­ Prior to June 25,1970. 16 Prior to July 26, ments thereto, apply to price support 1970. "®ans received into the storage facility June 25-July 14...... 15 July 26-Aug. 14. at the time and in the manner stipulated loans on and purchases of the 1970 crop July 15-Aug. 3_...... 14 Aug. 15-Sept. 3. of oats. Aug. 4-Aug. 23...... 13 Sept. 4-Sept. 23. m Bean Storage Agreement. Aug. 24-Sept. 12______12 Sept. 24-Oct. 13. (d) The freight bills or transit tonnage § 1421.271 Availability. Sept. 13-Oct. 2______11 Oct. 14-Nov. 2. ^ ust be made available to CCC in Oct. 3-Oct. 22...... 10 Nov. 31Nov. 22. A producer desiring price support must Oct. 23-Nov. 11...... 9 Nov. 23-Dec. 12. •d cor“ f nce with the provisions of the Nov. 12-Dec. 1______8 Dec. 13,1970- »ean storage Agreement. - request a loan on his 1970 crop of eligible Jan. 1,1971. oats on or before April 30, 1971, in Dec. 2-Dec. 2 1 ...... 7 Jan. 2-Jan. 21. n,„el Not more than one transit stop Alaska, Idaho, Maine, Michigan, Minne­ Dec. 22,1970- 6 Jan. 22-Feb. 10. roust have been used on billing. Jan. 10,1971. sota, Montana, North Dakota, Oregon, Jan. 11-Jan. 30...... 5 Feb. 11-Mar. 2. flig h t bills must be otherwise South Dakota, Washington, Wisconsin, Jan. 31-Feb. 19...... 4 Mar. 3-Mar. 22. to CCC under the terms of Feb. 20-Mar. 11______3 Mar. 23-Apr. 11. and Wyoming, and by March 31,1971, in Mar. 12-Mar. 31...... 2 Apr. 12-May 1. e Bean Storage Agreement. Apr. 1-Apr. 30,1971.. 1 May 2-May 31,1971. nnifi * S mbursement for paid-in freight all other States. To obtain price support through sales, a producer must execute aqoc! ^ t io n will be made by the i Storage commence date, all dates inclusive. commodity office subsequent to ac- and deliver to the appropriate ASCS * Charges shall be reduced by cents per bushel if producer presents evidence that elevation charges were mu acquisition of the beans by CCC. county office a Purchase Agreement prepaid.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8540 RULES AND REGULATIONS

§ 1421.274 Support rates. Delaware I ndiana Rate per Rate per (a) Basic support rates. The basic County bushel Rate per County bushel county support rates for use in making All counties______$0. 73 County bushel loans and for use in settling loans and Adams ______$0. 66 Law rence____$0.68 Allen ______.66 M adison_____ ,66 for purchases are listed below. The term F lorida All counties______$6. 78Bartholomew. . 67 M a rio n ______,66 “ county” as used in this subpart with Benton ______.65 Marshall ____ .66 reference to the State of Alaska shall B la c k fo r d ___ , 66 M a r t in ______, 68 Georgia mean “marketing area” . Marketing areas B o o n e ______,66 Miami ______. 66 in Alaska shall be thè areas established All counties______$0. 74 B r o w n ______.68 Monroe _____ .68 C a r r o ll______, 66 Montgomery _ .66 under the State Small Grain Incentive I daho Program. Farm stored loans shall be Cass ______.66 M o r g a n ____ ,66 A d a ______$0. 69 Gem ______$0.69 C l a r k ______. 68 Newton _____ .65 made at the basic support rate for the Clay ______.66 Noble ______. 66 county in which the oats are produced, A d a m s ______.67 G o o din g_____ .68 B a n n o c k ___- ,67 Idaho ______.66 Clinton _____ . 66 O h i o ______. 69 adjusted by the Weed Control discount Bear L a k e __- ,67 Jefferson____ .65 C raw fo rd ____ .68 O ra n g e ______.68 where applicable. Warehouse stored B e n e w a h ____ ,67 Jerom e______.68 Daviess______. 68 Owen ______. 66 loans, farm stored loan settlements and B in g h a m ____ .65 K o o ten ai____ .67 Dearborn ___ .69 P a r k e ______.65 purchases shall be made on the basis of Blaine ______.67 L a t a h ______.68 D e c a tu r ____ _ . 67 Perry ______. 68 Boise ______.69 Lemhi ______.65 De K alb_____ . 66 Pike ______. 68 the basic support rate for the county in Delaware _>___ .66 Porter ------.66 which the oats were produced, adjusted B o n n er______.65 Lewis ______.67 Bonneville___ .65 L in c o ln _____ . 68 D u b o is ______. 68 Posey ______.68 by the premiums and discounts estab­ Pulaski _____ . 66 B o u n d a ry ___ ,65 M adison_____ .65 Elkhart _____ . 67 lished in paragraph (b) of this section B u t t e ______.65 M inidoka____ .68 Fayette _____ . 66 Putnam ____ .66 R a n d o lp h ___ .66 and any other discounts established by Camas ______.68 Nez Perce____ .68 Floyd ______.68 F o u n t a in ___ .65 Ripley ____ . 69 CCC applicable to the grade and quality Canyon ______.69 O n e id a ______.67 F r a n k lin ____ . 68 Rush ______.66 of the oats on which the loan or settle­ C a rib o u _____ .66 O w y h e e _____ .69 F u lt o n ______.66 St. Joseph____ . 67 Cassia _____ , 68 P a y e t t e _____ . 69 ment is made. The basic county support G ib s o n ______.68 S co tt______.69 Clark ______.65 P o w e r ______.67 rate applies to oats grading No. 3, having G r a n t ______. 66 S h e lb y ______.66 C le a rw a te r__ .67 Shoshone ____ .65 moisture not in excess of 14 percent. G re e n e ______.68 S p en cer____ - . 68 Custer ______.65 T e t o n ______.65 H am ilton ____ . 66 Starke ______. 66 Alabama E lm o re______.69 Twin Falls___ .68 Hancock ____ .66 S teu ben _____ .67 Rate per F r a n k lin ____ , 67 V a lle y ______.67 H a r r is o n ____ .68 S u lliv an _____ .67 County bushel F r e m o n t ____ .65 Washington _ . 68 H en d rick s___ . 66 Switzerland__ .69 All counties______$4. 74 I llino is H e n ry ______. 66 Tippecanoe — .66 Alaska 1 H o w a r d _____ .66 T ip t o n ______.66 Adams ______$0.65 Lee ______$0. 65 Huntington _ .66 U n io n ______.66 D e lta ______$0.63- Kenai- A lex a n d e r___ .68 Livingston___ .65 Jack so n _____ . 68 Vanderburgh- . 68 F a irb a n k s______62 Soldotna __$0. 71 Bond .... . 66 Iogan . 65 Jasper _____ - . 65 Vermillion — . 65 G le n a lle n ___ .69 P a lm e r______! .75 Boone ______.65 McDonough - .65 J a y ______. 66 Vigo ______• 66 H o m e r ______.66 T a lk e e tn a .75 Brown ______.65 M c H e n ry ___•_ .65 Jefferson____ . 69 W a b a s h ------.66 A rizona B u re a u ______.65 M c L e a n _____ .65 J e n n in gs____ . 69 W a rre n ______.65 All counties______$0. 82 Calhoun ____ .66 Macon ______.65 Johnson_____ . 66 W a rric k ____ - . 68 C a rr o ll______.65 M a c o u p in ___ .66 K n o x ______.68 Washington - . 68 Arkansas Cass ______.65 M adison_____ .67 Kosciusko ___ . 66 W a y n e ------• 66 All counties______$0.72 C h am paign __ .65 M a rio n ______.67 L a g ra n g e ____ ,67 Wells ______•66 W h it e ...... 66 California C h r is t ia n ___ .65 M a r s h a ll____ .65 L a k e ______. 66 Clark ______.66 Mason ______.65 La Porte____ _ . 67 W h it le y ------66 Alameda - ____ $0.77 P lu m a s ___. . . $0.73 Clay ------.67 M a ssac______.68 Alpine ______- . 75 Riverside____ . 77 C lin t o n ____ _ .67 Menard _____ .65 I owa A m a d o r_____ . 75 Sacramento _ .75 C oles______M e rc e r______.65 .65 A d a ir______$0. 65 G reene------$0.64 Butte ______. 74' San Benito... .76 Monroe _____ .68 C o o k ______.67 Adams ____ . 65 G r u n d y ------. .64 Calaveras------. 75 San C raw fo rd ____ .67 Montgomery _ .66 A llam akee__- .65 G u t h r ie ------.64 C o lu s a ______. 75 Bernardino . 77 Cumberland _ .66 Morgan _____ .65 Appanoose___ .65 H am ilton------.64 Contra Costa. .77 San Diego___ . 77 De K alb_____ .65 M o u lt r ie ____ .65 A u d u b o n ____ .64 Hancock------.64 Del N o rte_«»» . 73 San De W itt______.65 O g l e ------—— .65 B e n to n ______.65 H a r d in ------.64 El D o ra d o ______75 Francisco _ .77 D o u g la s _____ .65 Peoria _____ - .65 Black Hawk__ . 65 Harrison — — .64 Fresno ...... 76 San Joaquin. . 76 D u Page_____ .65 Perry ______.68 B o o n e ______.64 H e n ry ------.65 G le n n ______- . 74 San Luis E d g a r ______.65 Piatt ______.65 B re m er______.65 Howard — —— .65 Humboldt ... .75 O b is p o ____ .76 E dw ards_____ .68 Pike ______.65 B u c h a n a n ___ . 65 Humboldt —- .64 I m p e r ia l___ . 77 San M ateo___ . 77 Effingham ___ .66 P o p e ------.69 Buena Vista__ .64 Ida _------.63 Inyo ______. 77 Santa Barbara . 76 Fayette _____ .66 P u lask i______.68 B u tle r______. 64 I o w a ------— .65 K e r n ______. 77 Santa Clara__ . 77 F o r d ______.65 P u tn a m _____ .65 Calhoun _____ . 64 Jackson ------.65 Santa Cruz___ . 76 F r a n k lin ____ .68 R a n d o lp h ___ .68 K i n g s ______. 76 Jasper ------.64 F u lt o n R ic h la n d ____ .67 C a r r o ll______.64 L a k e ______.75 S h a s t a ______. 72 ______.65 Jefferson------.65 Rock Island.. .65 Cass ______- . 65 L a s s e n ______72 S ie r r a ______.73 Gallatin — ___ .69 Johnson------.65 Siskiyou_____ . 71 G re e n e ______.66 St. Clair_____ .68 C e d a r ______- .65 Los Angeles__ . 78 Jones ------.65 .65 Saline ______.69 Cerro Gordo— .64 M a d e r a _____ . 76 S o la n o ______.77 G r u n d y _____ Keokuk ------.65 S o n o m a ____ _ . 76 H am ilton___- .68 Sangam on___ .65 C h erokee____ - . 63 M a r in ______.77 K o ssu th ------.64 M a rip o sa____ . 76 Stanislaus___ .76 H a n c o c k __ .65 S c h u y le r____ .65 Chickasaw __- .65 Lee ------— .65 S u t t e r ______. 75 H a r d in ______.69 Scott ______.65 C larke______. 65 Mendocino __ \ 75 Linn — - — - .65 T e h a m a ____ - .73 Henderson___ .65 S h e lb y ______.65 Clay ______.64 M erced______. 76' Louisa ------.65 T rin ity ______.75 H e n ry ______.65 Stark ______.65 C la y t o n _____ .65 M o d o c __. . . . . 71 L u c a s ------.65 T u la r e ______. 76 Iroq u ois_____ .65 Stephenson__ .65 C lin t o n _____ - . 65 M o n o ______. 76 L y o n ------.62 T u olum n e J ack so n _____ .68 T azew ell_____ .65 C ra w fo rd ____ - . 63 M onterey____ .76 ______75 Madison _— - .65 Jasper ______.67 U n io n ______.68 D a lla s ______.64 N a p a ______. 76 V en tu ra------. 77 M a h a s k a ------.65 Y o l o ______.76 Jefferson___ _ .68 V e rm ilio n ___ .65 D avis______. 66 N e v ad a______.73 M a rio n ------.65 Y uba - ___. . . . .74 J e rs e v '______.66 W a b a s h _____ .68 D e c a tu r _____ .65 O ra n g e ______.77 Marshall -— > .64 P lac er______.74 Jo Daviess___ .65 Warren _____ .65 D e law a re____ - . 65 .65 Johnson_____ .68 Washington _ .68 Des Moines___ .65 M ills ------M itch ell------.64 Colorado K a n e ______.65 W a y n e ______.68 Dickinson __- . 63 Monona — — .63 All counties______$0.69 Kankakee ___ .65 W h it e ------.68 D u b u q u e ____ .65 Monroe — — .65 K e n d a ll_____ .65 W h ite sid e ___ .65 E m m et_____- .63 Connecticut Montgomery - .65 K n o x ______.65 W i l l ______.66 F a y e t t e ______. 65 All counties______— $0.72 Muscatine — ■ .65 L a k e ______.66 Williamson ;__ .68 F l o y d ______.64 O ’Brien------— .63 1 In Alaska loan rates are for marketing La Salle______.65 Winnebago __ .65 F r a n k lin ______64 Osceola — —— .62 areas. Law rence____ .67 Woodford ... .65 Frem ont____ _ .65

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8541

I owa—Continued M ic h ig an M inneso ta—Continued Rate per Rate per Rate per Rate per Rate per Rate per County "bushel County bushel County bushel County bushel County bushel County bushel Washington _ $0.63 P a g e ------$0. 65 Tama ------$0.64 Alcona ______$0. 65 L a k e ______$0. 67 S te v e n s ------$0. 58 Palo Alto------.64 T aylor______.65 Alger ______.67 Lapeer ______.65 S w i f t ------.59 Watonwan — .61 Tnrirt Plymouth — .63 Union ______.65 Allegan _____ .67 Leelanau ____ .66 .60 W ilk in ____ .57 Pocahontas — .64 Van B u re n ___ • 65 A lp e n a ______.65 Lenawee __ __ .67 Traverse ------.57 W in o n a _____ .63 Polk ------.64 W a p e llo _____ .65 A n trim ______.66 - Livingston __ .66 W a b a s h a ____ .62 W right ____ .62 Pottawat- W a rre n ______.65 A re n a c ______. 65 L u c e ______.67 W a d e n a _____ .59 Yellow- ta m ie __— .65 Washington _ .65 Baraga _ ____ .66 M a c k in a c ___ .67 Waseca _____ .63 M e d ic in e __ .59 Poweshiek___ .64 W a y n e ______.65 B a r r y ______- .67 M acom b_____ .66 M ississippi Ringgold------.65 W e b s te r____ .64 B a y ------.65 Mains te e ____ .67 All counties__ $0. 73 Sac ------.64 W in n e b a g o __ .64 B e n z ie ______.66 Marquette___ .66 Scott ___i____ .65 W inneshiek__ .65 B errien______. 66 Mason ______.67 M issouri S h elby ______.64 W o o d b u ry ___ .63 B ra n c h ______.66 Mecosta _____ .66 Adair ______$0. 67 L i n n ______$0. 68 S io u x ____ — .62 Worth ______.64 Calhoun ____ .66 M enom inee__ .66 Andrew _____ .67 Livingston___ .68 Story_____ . 64 W r ig h t ______.64 C a s s ___— - .66 Midland . __ . 65 Atchinson ___ .66 M c D o n a ld ___ .70 Charlevoix___ . 66 Missaukee___ .66 K ansas A u d ra in _____ .66 Macon ______.67 Cheboygan __ . 66 Monroe _____ .67 B a r r y ______.70 Madison ____ . 69 Allen ______$0. 68 Linn ______$0.68 C h ip p e w a ___ .67 M o n tcalm ___ .66 Barton _____ .69 Maries ______.69 Anderson .68 L o g a n ______.69 Clare ------.66 Mont- Bates ______.68 M a rio n ______.65 Atchison____ .68 L y o n ______.68 Clinton ____ . 66 m o re n c y __ . 65 B e n to n ______.68 M e rc e r ______.68 B a rb e r______.71 M c P h erso n __ .69 C ra w fo rd ____ .65 M u sk ego n ___ . 67 B o llin g e r____ .69 Miller ______. 69 B arton______.69 M a rio n _____ .69 D e l t a ___ __ .66 N e w a y g o ____ .67 Boone ______.68 M ississip p i__ .68 Bourbon_____ .69 Marshall ____ .67 D ick in so n ___ .66 Oakland ____ .66 Buchanan ___ .69 M o n itea u ----- .69 Brown______.67 Meade ____ .71 E a t o n __ __ .66 O cean a______. 67 Butler ______.69 Monroe _____ . 66 Butler______.70 M iam i___ .68 Emmet ______.66 O g e m a w ____ . 65 C aldw ell_____ .69 Montgomery _ .68 Chase______.69 M itch ell_____ .67 G enesee_____ .65 O n to n a go n __ .66 C a lla w a y ____ .68 Morgan _____ .69 Chautauqua _ .70 Montgomery _ . 70 G lad w in ____ . 65 Osceola _____ A .66 C a m d e n _____ .69 New Madrid__ . 69 Cherokee____ .70 Morris ______.68 Gogebic ___ _ . 66 O sco da______. 65 Cape N ew ton______.69 Cheyenne____ .68 M o rto n ______.71 Grand O t s e g o ___ _ .66 Girardeau _ .68 N o d a w a y ____ . 66 Clark______.71 N e m a h a _____ .67 Traverse ___ . 66 Ottawa ____ . 67 C a r r o ll______. 68 O re g o n ______.70 Clay ------.67 Neosho ____ .69 G ra tio t______.66 Presque Isle _ . 65 Carter ____ ' . 69 Osage ______.69 C lou d______.67 Ness ______- .69 H ills d a le ____ .67 Roscommon _ . 65 Cass ______. 68 O z a r k ______. 70 Coffey .68 N o r to n _____ .67 H o u g h to n ___ .66 Saginaw _ — . 65 Cedar _____ .68 P em isco t____ .69 Comanche___ . 71 Osage ______.68 Huron _____ . 65 St. C l a i r ____ .66 C h a rito n ____ .68 Perry ______.68 Cowley______.70 Osborne ___ .67 Ingham _____ . 66 St. Joseph___ .66 Christian ___ .70 P e t t is ______.69 Crawford____ .69 O tta w a _____ .67 I o n i a ______.66 Sanilac _ _ .65 Clark _____ .65 Phelps ______. 69 Decatur _____ .67 P aw n ee______.69 Iosco ______. 65 Schoolcraft __ .67 C l a y ------.69 Pike ______.65 Dickinson___ .68 Phillips _ _ .66 Iron ______.66 S hiaw assee__ . 65 C lin ton ______.69 Platte _____ .69 D oniph an___ .68 Pottawa- Is a b e lla _____ .66 T u s c o la _____ . 65 C o le______.69 Polk ______.68 Douglas_____ .68 t o m ie _____ .67 Jack son_____ .66 Van B u r e n __ .67 C o o p e r______.69 Pulaski __ _ . 69 Edwards_____ .69 Pratt ______.70 K alam azo o __ . 67 W ash ten aw __ .66 Craw ford,____ .69 P u t n a m _____ .67 Elk _____ .69 R a w lin s _____ .68 K alk a sk a____ .66 Wayne ____ .66 D a d e ______. 68 R a lls ______. 65 Ellis _ -, - .68 R e n o ______.69 Kent ______.67 Wexford ____ _ .67 D a lla s ______.69 R a n d o lp h ___ . 67 Ellisworth___ .68 R e p u b lic ____ .66 K ew eenaw ___ .66 Daviess___ _ .68 Ray ______. 69 Finney . .70 R ic e______.69 De K alb______.68 R e y n o ld s____ .'69 Minnesota F o rd ____ .70 R ile y ______.67 Dent ______.69 R ipley ___ — . 70 Franklin _ .68 Rooks ______.67 Aitkin ______$0. 61 Lake ______$0. 63 D o u g la s _____ .70 St. Charles_ .67 G eary_____ .68 R u s h ______.69 D u n k lin _____ . 69 St. Clair_____ .68 Gove____ .69 Russell _ ____ .68 Anoka _ _ __ . 63 Lake of the W o o d s ____ .56 F r a n k lin ____ .69 St. Genevieve. .68 Graham ____ .68 Saline __ ___ .68 B e c k e r______.57 B e lt r a m i____ .56 Le Sueur ____ .62 Gasconade___ .69 St. Francois__ . 69 G ran t____ .70 S co tt______.69 Gentry _ . 67 St. Louis_____ .68 G ra y _____ B en to n ______.61 L in c o ln _____ .59 .70 S edgw ick____ .70 Greene _ ____ . 69 Saline ______.68 Greeley__ .69 S ew a rd ______. 71 Big Stone____ .58 L y o n ______.59 Blue E a r t h __ .62 McLeod _____ .62 Grundy _____ .67 Schuyler ____ .67 Greenwood _ .69 S h a w n e e ____ .68 H arrison___ .67 S c o tla n d ____ .66 Hamilton_ . 70 S h e rid a n ____ .68 Brown ______.61 M ah n o m en __ .56 Carlton _____ .62 M a rs h a ll____ .55 Henry ______.68 S co tt______. 68 H arper____ . 71 S h e rm a n ____ .68 Hickory __ __ . 68 Shannon ____ .69 Harvey _ Carver _ _ __ . .63 M a r t in _____ .61 .69 S m ith ______.66 H o lt______.67 S h e lb y ______.66 Haskell__ Cass _____ .59 Meeker ______. 61 .70 Stafford _ _ .69 Howard ____ . 68 Stoddard ____ .69 Hodgeman .69 S ta n to n _____ . 70 Chippewa____ .59 Mille L a c s ___ .61 M o rriso n ____ Howell ______.70 Stone ______.70 Jackson .68 Stevens______.71 C h is a g o _____ . 63 .60 Clay ------.56 Mower _____ .62 Iron ______.69 S u lliv a n _____ .67 Jefferson _ .68 S u m n e r _____ .71 Jackson _____ . 68 Taney ______.70 Jewell . C le a rw a te r__ .56 M u r r a y _____ .59 .66 Thomas _ _ .68 Jasper______. 69 Texas ______. 69 Johnson _ C o o k ______.63 N ic o lle t_____ .62 .69 T r e g o ______.68 Jefferson____ .68 Vernon _____ .68 Kearny _ Cottonwood _ . 60 Nobles ______. 60 .70 W a b a u n se e __ .68 Johnson_____ .68 W a rre n "_____ .68 Kingman___ Crow W i n g __ . 60 N o rm a n _____ .55 .70 Wallace _____ .69 K n o x ______.66 Washington _ .69 Kiowa _ D a k o ta ____ _ . 63 O lm stead____ . 62 .70 Washington _ .66 L a c le d e _____ .69 W a y n e ______. 69 Labette _ Dodge _____ .62 Otter T a i l ___ .58 .70 W ic h it a _____ .69 L a fa y e t t e ___ .68 W e b s te r_____ .69 Lane _ Douglas _ _ _ .59 Pennington _ .55 . 69 W ils o n ______.69 Law rence____ .69 W o rth ______.66 Leavenworth _ F arib au lt____ .62 Pine ______.62 .69 W o o d so n ____ .68 Lewis ______.65 W r ig h t ______.69 Lincoln____ . 67 Wyandotte — .69 Fillm ore____ . 63 Pipestone ___ .59 Freeborn ____ . 62 Polk ______.55 Lincoln _____ .67 K e n t u c k y Goodhue ____ . .62 Pope ______.59 M ontana All counties $0.74 G r a n t ______.58 R a m s e y _____ .63 H e n n e p in ___ .63 Red Lake ____ .55 Beaverhead__ $0.64 F allo n ______$0. 53 Lo uisiana Houston ____ .63 Redwood ____ .60 .58 .57 AH parishes $0. 74 H u b b a r d ____ .58 R en ville_____ . 61 Blaine ______.55 Flathead ____ .62 Is a n t i______.62 R ic e ______.62 Broadwater __ .60 G a lla tin ____ _ .60 M aine Ita s c a ______.59 Rock ______.60 C a rb o n ______.59 G a rfie ld ____ _ .54 All counties $0. 72 Jackson_____ .61 R o seau ______.55 Carter ______.56 G la c ie r______.59 K a n a b e c ____ . 62 Saint Louis__ .62 C a sc ad e_____ .59 Golden M aryland K an diyohi___ .61 Scott ______.63 C h o u t e a u ___ .57 V a lle y _____ .58 All counties $0. 73 K it t s o n _____ .54 Sherburne___ .62 Custer .55 Granite _ .63 Koochiching _ .58 Sibley ______.62 Daniels _____ .52 H i l l _____ .56 M assachusetts Lac qui Stearns _____ .61 D a w s o n ____ _ .52 Jefferson __— .61 All counties $0.72 P a r le ______.59 S teele______.62 Deer Lodge___ .62 Judith Basin. .58

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8542 RULES AND REGULATIONS

M ontana— Continued N orth Dakota O regon—Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel L a k e ______$0.63 P r a ir ie ______$0.54 Adams —____ $0.52 M c K e n z ie ___ $0.50 H arney______. $0.69 Morrow ___ $0.70 Lewis and R a v a lli______.63 Barnes .54 McT .Ann ------.50 Hood River______73 Multnomah _ .73 C la rk ____ .61 R ic h la n d ____ .52 B en so n ______.52 Mercer .50 Jackson -72 Polk . 73 Liberty ___ .57 Roosevelt____ .51 Billings _ ____ .51 M o u n tra il___ .49 Jefferson____ . 71 Sherman __ .71 Lincoln .64 R osebud___ .56 Bottineau ___ .50 M o rto n ______.51 Josephin e___ » 72 Tillamook + .73 McCone ___ .53 S a n d e rs_____ .64 Bowman ____ . 52 N e ls o n ______.53 K la m a t h ____ .70 U m a t illa ___ .69 M adison___ .62 S h e rid a n ____ .51 B u r k e ______.49 O liv e r ______.51 Lake .70 Union ___ .69 M eagher___ .59 Silver Bow___ .62 Burleigh ____ .52 Pembina _____ .52 L a n e ______. .72 Wallowa .68 M in e r a l___ .64 S tillw a te r___ .59 C a s s ______: 54 Pierce ______.51 Lincoln . .73 W a sc o _____ .71 M is s o u la __ .63 Sweet Grass__ .59 Cavalier _____ .52 Ramsey _____ .52 Linn __ _ .. .72 Washington .73 Musselshell ■w .57 T e t o n ______.58 D ic k e y ______.54 Ransom ______.54 M alh eu r_____. .68 W h eeler___ .71 P a r k ______.60 Toole ______.58 Divide .49 Renville .50 M a rio n ______. .73 Y a m h ill___ .73 Petroleum _ .56 Treasure ____ .57 D u n n ______.50 R ic h la n d ____ .55 Pennsylvania P h illip s ___ .54 Valley ______.53 E d d y ______.53 R o le tte______.50 All counties__ $0.74 P o n d e ra ___ .58 W h e a t la n d __ .58 Emmons - ____ .52 S a r g e n t _____ .54 Powder River. .57 W ilb a u x _____ .53 Foster ___ ...... 53 S h e rid a n ____ .51 R hode I sland Powell .62 Yellowstone _ .59 Golden Sioux ______.52 All counties-. ) $0.72 Valley _____ .51 Slope ______.51 South arolina N ebraska Grand Forks- . 53 Stark ______.51 C All counties- $0.74 Adams ____ $0.64 Jefferson____ $0. 65 Grant ___ ...... 51 S te e le ______.53 A n te lo p e __ .61 John son_____ .66 Griggs — ____ .53 S t u t s m a n ___ .54 South Dakota A r t h u r ____ .62 Hettinger ...... 51 Towner _____ .51 K ea rn ey _____ .64 Aurora __ . $0.57 J a c k so n ___ $0. 56 B a n n e r ____ .62 Keith ______.63 Kidder „ ____ .53 T r a i l l ______.53 La Moure ____ .54 •W a lsh ______.52 B ead le___ .57 Jerau ld__— .57 Blaine ____ .61 Keya Paha___ .60 Bennett .57 Jones______.56 Boone _____ .62 L o g a n ______.53 W ard ______.50 K im b a ll_____ .63 Bon Homme-.- .59 Kingsbury ___ .57 .62 McHenry ____ .50 Wells ______.52 Box Butte__ Knox ______.61 Brookings___ .58 Lake _ _ __ .57 B o y d ______.60 L a n c a ste r___ Mclntoch ___ . 53 W illia m s ____ .49 .65 B ro w n ______. .55 Law ren ce__ .55 Brown ____ .61 Lincoln _____ .63 Ohio B ru le ______- .57 Lin coln ____ .60 B u ffa lo ____ .63 Logan ______.62 B u ffa lo ______.57 L y m a n ____ .56 .63 A dam s______$0.72 Licking ____T_ $0. 69 Burt ______L o u p ___ .61 B u tte ______.55 McCook___ .58 B u tle r_____ .64 A lle n ______.68 Logan ______.69 M c P h e rso n __ .62 C am p b ell___ .54 McPherson .54 Cass ______.65 M a d iso n _____ .62 A sh la n d _____ .69 Lorain ______.70 Charles Mix_. .58 M arsh all___ .55 Cedar _____ .62 Merrick _____ .62 A sh ta b u la ___ .73 L u c a s ______. 68 C la rk ______.56 M e a d e _____ .55 C h a s e _____ .65 M o r r ill______Athens ______.73 Madison .69 .62 C lay------. .61 M e lle tte ___ .57 C h e r r y ____ .61 .62 Augulaize ___ .68 M a h o n in g ___ .73 N a n c e ______Codington . .57 M i n e r _____ .57 Cheyenne ___ . 63 Belm ont_____ .74 M a rio n ______.69 N e m a h a _____ .66 Corson______.54 Minnehaha __ .59 Clay _ . ------.64 Nuckolls B ro w n ______.71 Medina ______.71 ____ .65 C u ster______. .58 Moody _____ .58 Colfax ____ .63 Otoe ______Butler ______.68 M e ig s ______.73 .65 Davison______.57 Pennington __ .56 C u m in g ___ .63 Pawnee _____ C a r r o ll______.73 M e rc e r______. 66 .66 D a y ------.56 Perkins ____ .54 C u s t e r ____ .62 P e r k in s _____ .64 C h am paign__ .69 M iam i______.68 Deuel ______. .58 P o tte r_____ .55 D a k o t a ____ .63 P h e lp s C la r k ------. 69 Monroe .74 __; ___ .64 D e w ey ______.55 R o b e r t s ___ .56 D a w e s _____ .62 Pierce ______Clerm ont____ .70 Montgomery _ .68 .61 Douglas ____ . 58 S an b o rn ___ .57 D a w s o n ___ .63 .62 Clinton _____ .70 Morgan _____ .73 Platte ______Edmunds ___. .55 Shannon ___ .58 Deuel _____ .63 Polk ______.63 Columbiana _ .73 Morrow .69 Fall River___ .58 S p i n k _____ .56 D ix o n _____ .63 Coshocton___ .71 Muskingum _ . 72 Red Willow___ .65 Faulk ______.55 Stanley ____ .56 D o d g e _____ .64 R ich ardson __ C raw fo rd ____ .69 Noble ______.73 .66 Grant ______.58 S u lly ______.56 D o u g la s ___ .65 Rock _ _ _ Cuyahoga ___ . 71 O tta w a ______.69 .61 Gregory _____ .57 T o d d ______.57 Dundy ____ .66 Saline ______D a r k e ______.67 P a u ld in g ____ .67 .65 Haakon ______.56 Tripp _____ ,57 F illm o r e __ __ . 64 Sarpy ------Defiance ____ .67 Perry .71 . 65 H a m lin ______.57 T u r n e r ____ .60 F r a n k lin __ _ .65 Saunders____ D e law a re____ .69 Pickaw ay____ .69 .65 H a n d ______.56 U n io n _____ .§1 F ro n tie r___ .64 Scotts B luff. _ .62 Erie ______.69 P i k e ______. 72 Hanson ____ .57 Walworth _ .55 F u r n a s ____ . 65 S e w a rd Fairfield_____ .69 Portage _____ .72 ____ — .64 Harding ___ .54 Washabaugh .57 G a g e ______.66 S h e rid a n __— .62 Fayette :_____ . 69 Preble .67 H u g h e s______.56 Yankton _ - .60 G a r d e n ___ . 62 S h e rm a n ____ .62 F r a n k lin ____ .69 P u tn a m _____ .68 Hutchinson .59 Ziebach------.55 Garfield — .61 Sioux ______.62 F u lt o n ______.68 R ic h la n d ____ .69 H y d e ------.56 G o s p e r ____ .64 S t a n t o n _____ .62 G a llia ______.73 Ross ______.70 Grant _____ .61 T h a y e r ______.65 G e a u g a _____ .72 S a n d u sk y ___ . 69 T ennessee G reeley____ .62 T h o m a s _____ .61 G re e n e ______.69 Scioto______.72 All counties______$0- 74 Hall _____ .63 T h u rsto n ____ .63 Guernsey____ . 73 S e n e c a _____ . 69 T e^as H am ilton __ .63 V a lle y ______.62 H am ilton____ .69 S h e lb y ______.68 H a r la n ____ .65 W ashington__ .64 Hancock ____ .68 Stark ______.72 All counties__* ______$0- 74 H a r d in ______.68 S u m m it_____ .71 H a y e s _____ .65 Wayne ______.62 Utah T r u m b u ll___ Hitchcock__ nt- .66 W e b s te r_____ .65 Harrison ____ .73 . 73 All counties______t------$0- 7® Holt ______.61 W h e e le r_____ .61 H e n ry ______.68 Tuscaraw as__ .72 Hooker * ___ .61 Y o r k ______.63 H igh lan d____ . 71 Union .69 Vermont H o w a r d ___ .62 H ockin g_____ .71 Van Wert____ .67 All counties______$0.72 Holmes .71 V in t o n ______.72 Virginia Nevada Huron ______.69 Warren ____ .69 All counties.______$0- 73 All counties______$0. 79 Jackson .72 Washington _ . 74 Jefferson____ .74 Wayne ______.71 ashington New Hampshire W Knox ______. 69 Williams ____ .68 A dam s______$0. 68 Grays Harbor. $0.73 All counties______$0. 72 L a k e ______>72 W o o d ______.68 Law rence____ .72 W y a n d o t____ .69 A so tin ______. 68 Is la n d ------• N ew Jersey B e n to n ______.70 Jefferson------73 All counties______; ______$0. 73 Oklahoma C h e la n ______.71 King ...... • ™ All counties___ — $0.72 Clallam _____ . 73 Kitsap ------• New Mexico Clark ______. 73 K ittitas------71 Oregon All counties______$0.76 C olu m bia____ .68 Klickitat------• T* B a k e r ______$0. 68 C ro o k ____.___ $0.71 C ow litz______. 73 Lewis ------•- • 73 New Y ork Benton ______.73 C u r r y ___»___ .72 D o u g la s _____ .70 Lincoln ------• All counties______' ______$0.74 Clackamas __ .73 Deschutes — .71 P e rry ______.69 M aso n ------7“ Clatsop _____ .73 Douglas ____ .72 F rank lin_____ .68 Okanogan------• N orth Carolina C o lu m b ia ___ .73 Gilliam _ .71 G a rfie ld ____ . 68 Pacific------• ™ All counties______. . . $0.74 C o o s ______.72 G r a n t ____. . . . .70 Grant ______.69 Pend Oreille— -P®

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8543

W ashington— Continued priate to reflect changes in market bank of the Mississippi River in a gen­ conditions. Producers may obtain erally northerly direction to its junction Rate “per Rate per schedules of such factors and dis­ County bushel with U.S. Highway 82. County bushel counts at ASCS county offices ap­ T hu rston____ $0.73 3. In § 76.2, in paragraph (e) (8) relat­ Pierce — ------$0.73 proximately 1 month prior to thq W ahkiakum __ .73 San Juan__— .73 loan maturity date. ing to. the State of Mississippi, subdivi­ Skagit------.73 Walla Walla— .68 sion (iv) relating to Rankin County is Skamania — .73 W h atco m __— .73 1 Premiums shall not be applicable to deleted, and subdivision (i) relating to Snohomish, — .73 W h itm a n ____ .67 ♦'badly stained or materially weathered oats. Alcorn, Prentiss, Tippah, and T i­ Spokane — — .67 Yakima _____ .71 shomingo Counties and subdivision (v) Stevens------— .67 Effective date: Upon publication in the F ederal R e g ist e r . relating to Holmes and Attala Counties W est V irginia are amended to read: All counties™ $0.74 Signed at Washington, D.C., on (8) Mississippi, (i) Prentiss, Tippah, W isc o n sin May 21,1970. and Tishomingo Comities. A d am s_____ - $0. 65 M a ra th o n ___ $0.65 K e n n e t h E. F r ic k , * * * * ♦ Ashland - — .65 M a rin e tte ___ .66 Executive Vice President, (v) The adjacent portions of Holmes B arron ______.63 M arquette___ .65 Commodity Credit Corporation. and Attala Counties bounded by a line .64 M enom inee__ .65 Bayfield _____ [F.R. Doc. 70-6668; Piled, June 2, 1970; beginning at the junction of Interstate .64 M ilw a u k e e __ .67 B ro w n ______8:45 a.m.] Buffalo______.63 M onroe______.65 Highway 55 and the Holmes-Carroll B u rn ett_____ .63 O co n to ______.65 County line; thence, following the Calumet_____ .64 O n e id a ______.66 Holmes-Carroll County line in a south­ Chippewa____ .64 O u ta g a m ie __ .64 easterly direction to the Big Black Clark ______.64 Ozaukee_____ .66 Title 9— ANIMALS AND River (also Holmes-Attala County line) ; C o lu m b ia___ .65 P e p i n ______.63 thence, following the west bank of the C raw ford____ .66 P ierce______.63 ANIMAL PRODUCTS Big Black River in a southwesterly direc­ Dane ______.66 Polk ______.63 Dodge ______.65 Portage ______.65 Chapter I— Agricultural Research tion to State Highway 19; thence, follow­ D o o r ______.64 P ric e ______.65 Service, Department of Agriculture ing State Highway 19 in a southeasterly D ouglas_____ .63 R a c in e ______.67 direction to State Highway 35; thence, D u n n ______.64 R ic h la n d ____ .66 SUBCHAPTER C— INTERSTATE TRANSPORTATION following State Highway 35 in a souther­ Eau Claire___ .64 R o c k ______.66 OF ANIMALS AND POULTRY ly direction to State Highway 43 ; thence, .66 Rusk ______.64 Floren ce____ PART 76— HOG CHOLERA AND following State Highway 43 in a south­ Fond du Lac__ .64 St. Croix_____ .63 westerly direction to State Highway 14; Forest______.66 S a u k ______.66 OTHER COMMUNICABLE SWINE thence, following State Highway 14 in a Grant .66 S aw y er______.64 DISEASES G reen______.66 S h a w a n o ____ .65 generally southwesterly direction to In ­ Green Lake___ .65 Sheboygan___ .65 Areas Quarantined terstate Highway 55; thence, following Iowa .67 Taylor ______.65 Interstate Highway 55 in a northeasterly Iron - j . 66 Trempealeau _ .64 Pursuant to provisions of the Act of direction to its junction with the Holmes- Jackson _ .65 Vernon _____ .65 May 29, 1884, as amended, the Act of Carroll County line. Jeffenson____ .66 V ila s ______.66 February 2, 1903, as amended, the Act Juneau______.65 W a lw o r t h ___ .66 (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, of March 3,1905, as amended, the Act of 32 Stat. 791-792, as amended, secs. 1—4, 33 K en osh a____ .67 W a sh b u rn ___ .63 September 6,1961, and the Act of July 2, Kewaunee___ .64 Washington . .66 Stat. 1264, 1265, as amended, sec. 1, 75 Stat. La Crosse____ .6 * W a u k esh a___ .67 1962 (21 U.S.C. 111-113, 114g, 115, 117, 481, secs. 3 and 11, 76 Stat. 130, 132; 21 Ü.S.C. Lafayette____ .67 W a u p a c a ____ .65 120, 121, 123-126, 134b, 134f), Part 76, 111, 112, 113, 114g, 115, 117, 120, 121, 123- Langlade____ .65 W a u s h a r a ___ .65 Title 9, Code of Federal Regulations, re­ 126, 134b, 134f; 29 F.R. 16210, as amended) Lincoln _____ .65 W in n e b a g o __ .64 stricting the interstate movement of Effective date. The foregoing amend­ M anitow oc__ .64 W o o d ______.65 swine and certain products because of ments shall become effective upon W yoming hog cholera and otherx communicable issuance. All counties. $0. 66 swine diseases, is hereby amended in the The amendments quarantine a portion following respects: (b) Premiums and discounts. * of Chicot County, Ark., because of the 1. In § 76.2, the introductory portion existence of hog cholera. This action is Cents per of paragraph (e) is amended by deleting deemed necessary to prevent further bushel therefrom the names of the States of Premiums:1 spread of the disease. The restrictions Georgia and North Carolina, and by add­ Grade No. 2 or better 1 pertaining to the interstate movement Test weight: ing thereto the name of the State of of swine and swine products from or Heavy 1 Arkansas; and paragraph (f) is amended through quarantined areas as contained Extra Heavy____ 2 by adding the name of the State of in 9 CFR Part 76, as amended, will apply Discounts: Georgia. to such county. Grade No. 4 on the factor of test 2, In § 76.2, paragraph (e) (3) relating The amendments also exclude all of weight only but otherwise No. 3 or to the State of Georgia and paragraph Alcorn and portions of Holmes and better______3 (e)(12) relating to the .State of North Grade No. 4 because of being “badly Rankin Counties in Mississippi; a por­ stained or materially weathered”___ 7 Carolina are deleted; and a new para­ tion of Pasquotank County, N.C.; and a No. 4 on the factor of test weight and graph (e) (3) relating to the State of portion of Marion County, Ga., from the because of being “badly stained or Arkansas js added to read: areas heretofore quarantined because of materially weathered”____ ;______10 (3) Arkansas. That portion of Chicothog cholera. Therefore, the restrictions G arlick y______3 County bounded by a line beginning at pertaining to the interstate movement of Weed control discount (where required swine and swine prodùcts from or by § 1421.25) ______the iojunction of U.S. Highway 82 and the west bank of the Mississippi River; through quarantined areas as contained Other factors: in 9 CFR Part 76, as amended, will not Amounts determined by CCC to repre­ thence, following U.S. Highway 82 in a apply to the excluded areas, but will con­ sent market discounts for quality generally westerly direction to the factors not specified above which tinue to apply to the quarantined areas affect the value of the oats, such as Chicot-Ashley County line; thence, fol­ described in § 76.2. Further, the restric­ (but not limited to) low test weight, lowing the Chicot-Ashley County line in tions pertaining to the interstate move­ foreign material, heat damage, per­ a southerly direction to State Highway 8; ment from nonquarantined areas con­ cent of sound cultivated oats, wild thence, following State Highway 8 in a tained in said Part 76 will apply to the oats, moisture, sour, stones, musty, areas excluded from quarantine. frgoty, weevily, smutty, and generally southeasterly direction to The foregoing amendments also add bleached. Such discounts will be Grand Lake Road; thence, following established not later than the time the State of Georgia to the list of hog delivery of oats to COC begins and Grand Lake Road in a northeasterly di­ cholera eradication States in § 76.2(f). will thereafter be adjusted from time rection to the west bank of the Missis­ Insofar as the amendments impose o time as CCC determines appro­ sippi River; thence, following the west certain further restrictions necessary to

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107------3 8544 RULES AND REGULATIONS prevent the interstate spread of hog By the Federal Home Loan Bank lect scientific data at several altitude cholera they must be made effective im­ Board. levels associated with the persistence of mediately to accomplish their purpose winds, trade wind inversion and variation [ s e a l ] J a c k C arter, in the public interest. Insofar as they Secretary. of humidity with altitude. The scientific relieve restrictions, they should be made data would be obtained by specialized effective promptly in order to be of maxi­ [F.R. Doc. 70-6807; Filed, June 2, 1970; instrumentation suspended from a teth­ mum benefit to affected persons. 8:49 a.m.] ered balloon approximately 40 feet in Accordingly, under the administrative diameter and 120 feet long. The Air Force procedure provisions in 5 U.S.C. 553, it has stated that due to the type and fre­ is found upon good cause that notice and quency of observations, the required data other public procedure with respect to Title 14— AERONAUTICS AND cannot be obtained by other means. the amendments are impracticable, un­ This research project is of immediate necessary, and contrary to the public SPACE military importance bearing directly interest, and good cause is found for Chapter I— Federal Aviation Adminis­ upon the military readiness of the Na­ making them effective less than 30 tion. Accordingly, action is taken herein tration, Department of Transportation days after publication in the F ederal to reestablish Restricted Area R-2916 at R e g ist e r . [Docket No. 70-CE-7-AD; Amdt. 39-999] Cudjoe Key, Fla. Done at Washington, D.C., this 28th PART 39— AIRWORTHINESS Since the Administrator of the Federal day of May 1970. Aviation Administration finds that this DIRECTIVES amendement is essential and that urgent G eorge W. I r v in g , Jr., Navion Model Aircraft military necessity requires adoption of Administrator, the amendment, it is found that notice Agricultural Research Service. a d 47-21-6 (21 F.R. 9462), formerly and public procedure thereon are im­ [F.R. Doc. 70-6867; Filed, June 2, 1970; Mandatory Note 5 to AD 782-3 dated practicable. However, since it is neces­ 8:52 a.m.] May 6, 1947, applicable to Navion Model sary that sufficient time be allowed to aircraft, is an airworthiness directive permit appropriate changes to be made which requires the installation of Con­ on aeronautical charts, this amendment tinental P/N 520023 spacers under the will become effective more than 30 days Title 12— BANKS AND BANKING valve springs at the first engine overhaul after publication. on certain Continental Model E-185 In consideration of the foregoing, Part Chapter V— Federal Home Loan Bank engines installed in these model aircraft. 73 of the Federal Aviation Regulations is Board After issuing AD 47-21-6 the Agency has amended, effective 0901 G.m.t., July 23, determined that due to full compliance 1970, as hereinafter set forth. SUBCHAPTER A— GENERAL and/or subsequent design changes, the Section 73.29 (35 F.R. 2322) is amended [No. 24,053] need for this AD is obviated. Therefore, by adding the following: action is taken herein to rescind PART 511— EMPLOYEE AD 47-21-6. R-2916 Cudjoe K e y , Fla. RESPONSIBILITIES AND CONDUCT Since this amendment relieves a re­ Boundaries. A circular area 4 statute miles Outside Employment and Other striction and imposes no additional in diameter centered at lat. 24°42'01'' N., burden on any person, notice and public long. 81'30'30" W. Activities procedure hereon are unnecessary and Designated altitudes. Surface to 14,000 feet MSL. ^Ap r il 30,1970. the amendment may be made effective in less than thirty (30) days. Time of designation. Continuous. Resolved that, pursuant to and in ac­ Using agency. Department of the Air Force. cordance with sections 201 through 209 of In consideration of the foregoing and pursuant to the authority delegated to (Sec. 307(a), Federal Aviation Act of 1958, 49 title 18, United States Code, Executive me by the Administrator (31 F.R. 13697), U.S.C. 1348, sec. 6 (c ), Department of Trans­ Order 11222 of May 8, 1965 (30 F.R. portation Act, 49 U.S.C. 1655(c) ) 6469), and Title 5, Chapter I, Part 735 of § 39.13 of Part 39 of the Federal Aviation Regulations is amended by rescinding Issued in Washington, D.C., on May 28, the Code of Federal Regulations, AD 47-21-6 (21 F.R. 9462), formerly 1970. § 511.735-14 of the General Regulations Mandatory Note 5 of AD 782-3. T. M cC ormack, of the*Federal Home Loan Bank Board This amendment becomes effective Acting Chief, Airspace and (12 CFR § 511.735-14) is hereby amended June 3, 1970. Air Traffic Rules Division. by adding a new subparagraph (3) to (Secs. 313(a), 601, 603, Federal Aviation Act [F.R. Doc. 70-6869; Filed, June 2, 1970; paragraph (a) thereof, to read as of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. 8:52 a.m.] 6(c), Department of Transportation Act, 49 follows: U.S.C. 1655(c)). [Docket No. 9818; Amdt. No. 167-1] § 511.735—14 Outside employment and Issued in Kansas City, Mo., on May 25, other activities. 1970. PART 167— ANNETTE ISLAND, (a) An employee shall not engage in E dw ar d C. M ar sh , ALASKA, AIRPORT Director, Central Region. outside employment or other outside Revised Landing and Parking C h a r g e s , activity not compatible with the full and [F.R. Doc. 70-6809; Filed, June 2, 1970; and Additional Rules proper discharge of the duties and re­ 8:48 a.m.] sponsibilities of his employment. Incom­ The purpose of these amendments to Part 167 of the Federal Aviation Regula­ [Airspace Docket No. 70-WA-21] patible activities include but are not tions is to (1) revise the landing and limited to: PART 73— SPECIAL USE AIRSPACE parking charges at Annette Island, ***** Alaska, Airport; and <2) adopt rules gov­ (3) Private practice of the law by at­ Reestablishment of Restricted Area erning motor vehicles, aircraft, conduct, torneys in the Office of the General The purpose of this amendment to Part fire hazards and fueling operations, ob­ ligations of tenants at that airport and Counsel, with or without compensation, 73 of the Federal Aviation Regulations the enforcement thereof. except with the prior written consent of is to reestablish Restricted Area R-2916 at Cudjoe Key, Fla. Interested persons have been afforded the General Counsel. The Department of the Air Force has an opportunity to participate in the making of these amendments by notic * * * * * advised the Federal Aviation Administra­ (E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 tion that there is an urgent military of proposed rule making (Notice 69-JSU CFR, 1964-65 Comp., p. 306; 5 CFR 735.104) necessity for the reestablishment of issued on August 21, 1969, and published This amendment is effective on pub­ R-2916 at Cudjoe Key for an immediate in the F ederal R egister on September 6, 1969 (34 F.R. 14129). Due consideration lication in the F ederal R e g ister . and continuing research program to col­

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8545 has been given to all comments pre­ Subpart A— General Sec. Sec. 167.167 Charges for aircraft based at the sented in response to that notice. Airport. Most of the small number of com­ 167.1 Applicability. 167.3 Motor vehicles carrying passengers 167.169 Payment of charges. ments received on the notice concurred for hire. with the proposal. The U.S. Coast Guard Subpart H— Enforcement 167.5 Lost articles. 167.181 Penalties. noted a typographical error in the land 167.7 Publication of rates and charges for area described in § 167.1(a), and that supplies and services fixed by the Au th o r ity: The provisions of this Part 167 paragraph is corrected accordingly in Regional Director. issued under sec. 10, International Aviation the final rule. This reduces that portion Facilities Act; 49 U.S.C. 1159, secs. 303(d), Subpart B— Motor Vehicle Rules 307(b), 313(a), and 1107(a),Federal Aviation of the island covered by the rules as de­ 167.11 Applicability of Alaska laws. Act of 1958; 49 U.S.C. 1344(d), 1348(b), scribed in the notice from approximately 167.13 Special operating rules. 1354(a), 1507(a), Budget Bureau Circular A - 2,955 acres to approximately 2,681 acres 167.15 Operator’s license. 25 of Sept. 23, 1959, sec. 6 (c), Department of and eliminates the FAA/Coast Guard 167.17 Speed. Transportation Act; 49 U.S.C. 1655(c), sec. housing area from the area covered by 167.19 Passenger’s occupancy. 1.4(b)(2), Regulations of the Office of the the rules. Additionally, the Coast Guard 167.21 Emergency vehicles; right-of-way. Secretary of Transportation. leases certain parcels of land from the 167.23 Parking. Subpart A— General PAA on the airport. In order to insure 167.25 Accident reports. that there is no confusion as to the regu­ 167.27 Repair of motor vehicles. § 167.1 Applicability. 167.29 License tags. (a) This part prescribes the rules gov­ lations governing these parcels, a para­ 167.31, Moving of motor vehicles. graph (e) is added at the end of § 167.1 erning the use of the Annette Island, which states that “ the rules in this part Subpart C— Aircraft Rules Alaska, Airport (in this part referred to apply to those areas of the Airport under 167.41 Confinement of aircraft operations. as “ the Airport” ) operated by the Fed­ lease to the U.S. Coast Guard so far as 167.43 Parking of aircraft. eral Aviation Administration, described they are not inconsistent with any rules 167.45 Disabled aircraft. in a lease entered into on December 13, prescribed for those areas by the Com­ 167.47 Malfunctioning aircraft. 1948, by and between the United States manding Officer, U.S. Coast Guard Air 167.49 Accident reports. of America and the Council of the An­ 167.51 Refusal of clearance. nette Island Reserve, identified as Con­ Station, Annette Island, Alaska.” 167.53 Minimum pilot license require­ Two commentators objected to the ments. tract No. C5ca-284-A (formerly C8ca- proposal to increase landing charges to 167.55 Registration of aircraft. 3095), originally covering 4,880 acres of 40 cents per 1,000 pounds on the grounds 167.57 Demonstrations. land, more or less, including buildings that this increase in charges is excessive, 167.59 Aircraft equipment and operation and facilities, located on Annette Island, unreasonable, and discriminatory. The rules. Alaska, that portion of which is cov­ landing rate referred to is increased from 167.61 Taxiing rules. ered by these rules and is more particu­ 10 cents to 40 cents per 1,000 pounds. The 167/63 Use of gate positions. larly described as follows: previous rate was a sliding scale from 25 Subpart D— Rules of Conduct Commencing at U.S.C. & G.S. Triangulation cents down to 10 cents per 1,000 pounds. 167.71 Applicable laws. Station “Yellow”, latitude N. 56°06'09.129", A comparison of actual landing fee col­ 167.73 Sanitation. longitude W. 131°34'25.982", proceed south lections on the previous rate with what 167.75 Preservation of property. 7°31' west 13,189.30 feet to the true point they should be under the new rate shows 167.77 Airport and equipment. of beginning; thence east 3,000" feet; thence an increase of a little under 200 percent. 167.79 Dangerous objects. south 1,000 feet; thence east 1,695.41 feet to The landing rates when initially estab­ 167.81 Coin-operated machines. a point on the mean high tide line; thence south 49°35' east 6,337.71 feet to a point on lished were low. Considering the services 167.83 False report. 167.85 Interfering or tampering with air­ the mean high tide line; thence south 42°19' rendered at the Annette Island, Alaska, craft. west 7,864.11 feet; thence south 28°41' east Airport with those at other airports in 167.87 Repairing of aircraft. 4,395 feet to a point on the mean high tide Alaska operated by the State, the pro­ 167.89 Restricted areas. line; thence along the meander of the mean posed rate of 40 cents per 1,000 pounds 167.91 Soliciting and canvassing. high tide line a distance of approximately is reasonable. 167.93 Commercial photography. 8,000 feet; thence north 28°41' west 4,000 Additionally, both commentators ob­ 167.95 Use of roads and walks. feet; thence south 44°56' west 1,610 feet; jected to the provision relieving public 167.97 Animals. thence north 43 °67' west 1,750 feet; thence 167.99 Loitering. north 44°56' east 1,570 feet; thence north aircraft and aircraft of 6,000 pounds or 167.101 Use of Airport and airspace. 28°41' west 8,602.70 feet; thence north less weight from payment of landing 33°55' east 3,235 feet; thence north 55°28' charges. Both of these commentators as­ Subpart E— Fire Hazards and Fueling east 2,047.80 feet to the true point of begin­ serted that the State of Alaska, that op­ Operations ning of this description, containing 2,681 acres, more or less. erates most of the 500 or more airports in 167.111 Cleaning fluids. Alaska, does not attempt to recover costs 167.113 Open-flame operations. (b) The Regional Director for the of operation through landing charges, 167.115 Smoking. Alaskan Region (in this part referred but uses other revenues. Consequently, 167.117 Storage. to as the “Regional Director” ) and the the commentators considered it unrea­ 167.119 Apron surface areas and floor sur­ face. Manager of the Airport (in this part re­ sonable to attempt to support the cost of ferred to as the “Airport Manager”) the Annette Island, Alaska, Airport by 167.121 Doping. 167.123 Fueling operations. may issue such orders and instructions landing charges. The cost of operating 167.125 Radio operation. as are necessary for administering this the Annette Island, Alaska, Airport will 167.127 Operating motor vehicles in hangar. part. be met from all available sources of rev­ 167.129 Grounding of aircraft in hangars. (e) The Airport Manager may post enue bearing a reasonable relevancy to 167.131 Runway foaming services. signs that state or apply the rules or pro­ the operation of the airport. These ad­ visions of this part. Each person on the ditional sources include revenues ob­ Subpart F— Obligations of Tenants 167.141 Use of premises. Airport shall comply with these signs. tained from land rentals, sales of utili­ (d) The rules in this part do not vary ties, and concessions and parking fees. 167.143 Trash containers. 167.145 Bulletin boards. the provisions of any legislation or con­ *n constderation of the foregoing, Part 167.147 Storage of equipment. tractual arrangement that determine the . 7 of the Federal Aviation Regulations 167.149 Fire apparatus. terms of tenure of the Department of if amended, effective July 3, 1970, as 167.151 Discrimination or segregation. Transportation, Federal Aviation Ad­ hereinafter set forth. Subpart G— Charges ministration, at the Airport. l970UCd in WashinSton> D.C., on May 25, 167.161 Landing charges. (e) The rules in this part apply to 167.163 Parking charges. those areas of the airport under lease to J. H. S h a f f e r , 167.165 Computation of weight for payment the U.S. Coast Guard so far as they are Administrator. of charges. not inconsistent with any rules prescribed

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8546 RULES AND REGULATIONS for those areas,by the Commanding Offi­ Subport B— Motor Vehicle Rules (c) Each person operating a motor ve­ cer, U.S. Coast Guard Air Station, An­ hicle on the Airport shall operate it so nette Island, Alaska. § 167.11 Applicability of Alaska laws. as to have it under safe control at all § 167.3 Motor vehicles carrying passen­ (a) Section 13 of title 18 of the United times, weather and traffic conditions gers for hire. States Code makes applicable on the Air­ considered. port the laws of the State of Alaska gov­ (a) Except as otherwise specifically § 167.19 Passenger’s occupancy. authorized by the Administrator, no per­ erning operation of motor vehicles on son may operate a vehicle that is carry­ public highways, to the extent that those Except in a vehicle designed to carry ing passengers for hire from the Airport laws are not inconsistent with this part. passengers in such a manner, no person unless he has a permit from the Air­ (b) The rules of conduct and prohibi­ may, while on the Airport, ride on the port Manager. tions of Chapter 35 of Title 28, Motor Ve­ running board of a moving motor vehicle, (b) Except for discharging passengers hicles of the Alaska Statutes, 1962, as stand up in the body of a moving motor and as otherwise directed by the Airport amended, that carry penalties greater vehicle, ride on the outside of the body Manager, no person may park, on the than a fine of not more than $500 or im­ of a moving motor vehicle, or ride on Airport, a vehicle used for the purpose prisonment for not more than 6 months, such a vehicle with his arms or legs of carrying passengers for hire unless or both, apply on the Airport, to the ex­ protruding from the body of the vehicle. he has a permit from the Airport tent that they apply by their terms to §167.21 Emergency vehicles; right-of- Manager. the circumstances at the Airport and are way. (c) Except with the specific approval not inconsistent with specific provisions of this part. The penalties provided by Upon the approach of a police, ambu­ of the Airport Manager under conditions lance, fire department, or other emergen­ prescribed by him, no person may, on the Alaska law for violations of these rules and prohibitions do not apply. cy vehicle giving an audible or visual Airport, solicit or invite any person to signal that it is on an emergency call, ride in a vehicle used for the purpose of § 167.13 Special operating rules. each person operating another vehicle carrying passengers for hire, either by (a ) No person may operate a motor ve­ on any road on the Airport shall immedi­ driving slowly past a loading entrance ately drive his vehicle parallel with, and to an Airport building or by any other hicle on the landing area, ramp, or truck­ ing concourse in the terminal building, as near as possible to, the right-hand act or the speaking of words that are edge of the road, clear of all intersec­ intended to induce that person to engage unless— (1) The vehicle has been inspected and tions, and stay there until the emergen­ the vehicle. cy vehicle has stopped or passed, unless (d) Each person who requests a per­ approved by the Airport Manager or his agent; and otherwise directed by the Airport Man­ mit to operate, on the Airport, a vehicle ager or his authorized representative. used for the purpose of carrying passen­ (2) That person holds a current opera­ gers for hire must apply in writing to tor’s permit issued by the Airport Man­ § 167.23 Parking. the Airport Manager. The application ager or is properly escorted by an airport vehicle. (a) No person may park or stand a must contain— motor vehicle on the Airport except in (1) The applicant’s name and ad­ (b) The Airport Manager may issue a motor vehicle operator permit to any an area specifically designated for park­ dress; ing or standing. (2) The make, model, and license competent operator that he considers necessary for the safe and efficient op­ (b) No person may park a motor ve­ number of the vehicle to be used; hicle in any area on the Airport for a eration of the Airport. The Airport Man­ <3) A description, and the serial or period longer than is prescribed for that other identifying number, of each per­ ager may, in his discretion, revoke such a permit at any time. area by the Airport Manager. mit or license that the applicant has for (c) No person may park a motor ve­ (c) No person may operate a two­ operating that vehicle; and hicle on the Airport, except in an attend­ wheeled motor vehicle on the landing (4) A list, and the serial or other iden­ ed parking area, for a period longer than area, or ramp on the Airport. tifying number of each public liability 72 hours, without the specific approval insurance policy carried by the appli­ § 167.15 Operator’s license. of the Airport Manager. cant, the names of the insurance com­ (d) No person may park a motor ve­ panies that issued them, and their expi­ (a) No person may operate any motor vehicle on an airport road unless he holds hicle in a restricted or reserved area on ration dates. the Airport unless he displays, in the (e) Upon receiving an application un­ a current operator’s license issued by a political jurisdiction or Government manner prescribed by the Airport Man­ der paragraph (d) of this section, the ager, a parking permit issued by the Air­ Airport Manager may issue a permit, au­ agency in the United States or a foreign port Manager for that area. thorizing the holder to operate, on the country., Airport, a vehicle used for the purpose (b) No person may operate any U.S. (e) No person may double park a of carrying passengers for hire. The Government motor vehicle on the Airport motor vehicle on any road on the. Airport. Manager may, in his discretion, revoke unless he holds a current U.S. Govern­ For the purpose of this paragraph, park­ such a permit at any time. ment Motor Vehicle Operator’s Identifi­ ing a vehicle at such a distance from the cation Card. curb that another vehicle could park be­ § 167.5 Lost articles. tween it and the curb, is considered to § 167.17 Speed. Each person who finds a lost article be double parking. on the Airport shall deposit it at the (a) Unless otherwise authorized by (f) No person may abandon a motor office of the Airport Manager. I f the ar­ the Airport Manager, no person may vehicle on the Airport. ticle is not claimed by its owner within operate a motor vehicle at a speed— (g) No person may park a motor 96 days after it is deposited, it may be (1) O f more than 6 miles an hour in vehicle on the Airport, in a space marked returned to the finder. the baggage concourse in the terminal for the parking of vehicles, in a manner § 167.7 Publication o f rates and charges building; to occupy a part of another marked for supplies and services fixed by the (2) Of more than 15 miles an hour on space. Regional Director. any apron or ramp; (h) No person may leave a motor vehicle standing unattended or parked Whenever this part provides that the (3) Of more than 25 miles an hour on any taxiway, runway, restricted service on the Airport with a key in the ignition Regional Director fixes charges for sup­ switch, the motor running, a key in the plies or services, the orders prescribing road, or other aircraft movement area these charges are on file, and may be in­ other than the apron or ramp; or door lock, or an open door. spected at the FAA Regional Office, 632 (4) Higher than the speed limit posted (i) No person may park or stand a Sixth Avenue, Anchorage, Alaska. Copies by the Airport Manager on any area of motor vehicle at any place on the Airport of the orders are on file, and may be in­ the Airport not covered by subparagraphs in violation of any sign posted by the spected at the office of the Area Manager (1) through (3) of this paragraph. Airport Manager. at Juneau, Alaska. Lists of all charges (b) No person may operate a motor (j) No person may park or stand a in effect are posted at the office of that vehicle on the Airport in a careless or motor vehicle within 10 feet of a nre Area Manager and at the Airport. reckless manner. hydrant on the Airport.

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8547

§ 167.25 Accident reports. pending investigation of an accident. I f (b) If the pilot of an aircraft that does Each operator of a motor vehicle in­ he does not remove it within a reasonable not have adequate brakes is authorized volved in an accident between that ve­ time, the Airport Manager may remove by the Airport Manager to taxi his air­ hicle and an aircraft, or in any other it at the owner’s expense and without craft, he may not taxi it near a building motor vehicle accident, on the Airport, liability for additional damage resulting or a parked aircraft unless there is an that results in personal injury or in total from the removal: attendant at the wing of his aircraft to help him. property damages of more than $50, shall § 167.47 Malfunctioning aircraft. report it fully to the Airport Manager (c) Notwithstanding paragraphs (a) No person may operate an aircraft on as soon as possible after the accident. and (b) of this section, an aircraft that the ramp area or at any aircraft gate The report must include the name and has wings and tail higher than 5 feet address of the person reporting. 4 position on the Airport until the Airport from the ground and does not have ade­ Manager or his designee has allowed that quate brakes, may not be taxied on the § 167.27 Repair o f motor vehicles. operation if— Airport under any conditions, and must (a) Except for persons authorized by (a) That person has reported, has be towed if it is necessary to move it. knowledge of, or has been advised of, an the Airport Manager and except for § 167.61 Taxiing rules. minor repairs necessary to move the ve­ indication of a fire in the aircraft; hicle from the Airport, no person may (b) The brakes of the aircraft are in­ (a) No person may move an aircraft clean or repair a motor vehicle on a road adequate because they are malfunction­ on the Airport in a careless or reckless or in a parking area of the Airport. ing; or manner. (b) No person may, on the Airport, (c) The aircraft has completely lost (b) No person may start or rim an move or interfere or tamper with any power on one side. Complete loss of power engine in an aircraft on the Airport un­ motor vehicle, put its motor into motion, on one side in the case of three-engine less there is a competent person in the or take or use any part, instrument, or aircraft means loss of power of the cen­ aircraft at the engine-controls, and un­ tool of it, unless he has the permission of ter and one other engine. less blocks have been placed in front of the wheels or the aircraft ha's adequate the owner or presents satisfactory evi­ § 167.49 Accident reports. dence to the Airport Manager of his right parking brakes. to do so. (a) Each operator of an aircraft that (c) No person may rim an engine of is involved in an accident on the Airport an aircraft parked on the Airport in a § 167.29 License tags. shall report it fully to the Airport Man­ manner that damages any other prop­ No person may operate, stand, or park ager within 24 hours after the accident. erty or aircraft, or that blows paper, a motor vehicle on any road or parking The report must include the name and dirt, or other material across taxiways area on the Airport unless it has current address of the person reporting. or runways, so as to endanger the safety license tags issued by an appropriate (b) In a case where a written report of operation on the Airport. authority. Any motor vehicle that is of the accident is otherwise required, a (d) Each person operating an aircraft found standing or parked on the Airport copy of that report may be given to the on a part of the Airport that is not under in violation of this section may be im­ Airport Manager instead of the one re­ the direction of air traffic control shall pounded by the Airport Manager or his quired by paragraph (a) of this section. comply with the orders, signals, and di­ authorized representative and removed § 167.51 Refusal o f clearance. rections of the authorized representative to an area of the Airport designated for of the Airport Manager. that purpose by the Airport Manager. The Airport Manager may delay or (e) No person may start or taxi any restrict any flight or other aircraft op­ §167.31 Moving o f motor vehicles. aircraft on the Airport in a place where eration at the Airport for any reason the exhaust blast is likely to cause in­ The Airport Manager or his agent may that he considers justifiable. jury to persons or property. I f the air­ tow away or otherwise move any motor § 167.53 Minimum pilot license require­ craft cannot be taxied without violating vehicle on the Airport that is parked in ments. this paragraph, the operator must have violation of the regulations of the Air- it towed to the desired destination. Port, if the Airport Manager or his agent To be eligible to operate aircraft on (f) Each person operating a large determines that it is a nuisance or haz­ the Airport, a person must have in his propeller-driven aircraft shall lower its ard. The Airport Manager may charge a personal possession a current pilot cer­ flaps when taxiing out of an aircraft reasonable amount for the moving serv­ tificate issued to him under Part 61 of gate position. ice and for the storage of the vehicle, if this chapter or issued to him or validated (g) No person may move a rotorcraft any. The vehicle is subject to a lien for for him by the country in which the at a place on the Airport (other than that charge. aircraft is registered. a heliport) while its rotors are turning Subpart C— Aircraft Rules § 167.55 Registration o f aircraft. unless there is a clear area of at least 50 feet from the outer tip of each rotor. The pilot of each aircraft whose owner § 167.41 Confinement of aircraft oper­ No person may move a rotorcraft at a or lessee does not have a contract with ations. heliport while its rotors are turning the United States for the aircraft to use No person may operate an aircraft on unless there is a clear area of at least the Airport, shall register at the opera­ 20 feet from the outer tip of each rotor. the Airport except on a designated run­ tions office on the Airport immediately way, taxiway, ramp or parking area, upon landing and shall report to that § 167.63 Use o f gate positions. unless authorized by the air traffic con­ operations office before taking off. trol tower or the flight service station. No (a) No person may use an aircraft Person may use the taxi strip on the Air- § 167.57 Demonstrations. gate position on the Airport unless he Port for a takeoff or landing. No person may give a flight or ground has been authorized to use it. (b) Except in an emergency, no person § 167.43 Parking of aircraft. demonstration on the Airport, and no person may bring an aircraft to the Air­ may enplane or deplane passengers on No person may park an aircraft in any port for an aerial demonstration within the Airport in an area that has not been area on the Airport other than that pre­ the Airport control zone without the spe­ established for that purpose by the Air­ scribed by the Airport Manager or his cific approval of the Airport Manager. port Manager. authorized representative. No employee This section does not apply to courtesy (c) No person operating a private, oi the PAA may make the United States flights, with new equipment, by air itinerant, nonscheduled, or military air­ esponsible for the care or protection of carriers. craft may park, stand, unload passen­ ny aircraft (other than of the United gers, obstruct or attempt to use any tates) that is parked on the Airport. § 167.59 Aircraft equipment and oper­ aircraft gate position assigned to a ation rules. § 167.45 Disabled aircraft. scheduled air carrier, without the ad­ (a) Except when authorized by thevance approval of the Airport Manager. owner of an aircraft or part Airport Manager, no person may operate (d) Except when specifically author­ ni.«r ti ^ a t *s disabled shall have it a fixed-wing aircraft on the land portion promptly repaired or moved from the ized by the Airport Manager, no person of the Airport unless it has wheels and may double park an aircraft at a pas­ rport unless he is required to delay it wheel brakes. senger gate.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8548 RULES AND REGULATIONS

(e) No person may enplane or deplane (b) Place or attempt to place, in a ing events on the Airport as representa­ passengers from a double parked aircraft coin-operated machine, a slug, foreign tives of news concerns or bona fide news through any gate other than the gate at coin, or object other than the coin re­ publications. which the aircraft is parked. quired by the instructions on the ma­ (2) Professional photographers and (f) Each person operating a jet air­ chine; or motion picture cameramen photograph­ craft on the Airport shall use only the (c) Pass through, over, or under a ing events at the Airport, for nonprofit gates designated by the Airport Manager turnstile that requires the deposit of a exhibit, to stimulate interest in air com­ for jet aircraft. coin for its use, without first depositing merce or travel, or for nonprofit educa­ tional purposes. Subpart D— Rules of Conduct the required coin in the turnstile. (3) Professional photographers photo­ § 167.83 False report. § 167.71 Applicable laws. graphing scenes on the Airport for gen­ Section 13 of title 18 of the United No person may make a false report eral artistic purposes. of conduct on, or the operation or use of, States Code makes applicable on the Air­ § 167.95 Use o f roads and walks. port the criminal laws of the State of the Airport to the Airport Manager or Alaska, to the extent that those laws are any of his authorized representatives. (a) No person may travel on the Air­ not inconsistent with this part. § 167.85 Interfering or tampering with port except on a road, walk, or other aircraft. place provided for the kind of travel he § 167.73 Sanitation. is doing. (a) No person may release, deposit, No person may interfere or tamper (b) No person may occupy or place an blow, or spread any bodily discharge on with an aircraft on the Airport or put object on a road or walk on the Airport the floor, wall, partition, furniture, or its engine in motion, or use any aircraft, in a manner that hinders or obstructs its any other part of a public comfort sta­ aircraft parts, instruments, or tools on proper use. tion, terminal building, hangar, or other the Airport, without the permission of the owner. (c) No person may walk in a picket building on the Airport, other than di­ line as a picket or take part in a labor rectly into a fixture provided for that § 167.87 Repairing of aircraft. or other public demonstration on any purpose. No person may repair an aircraft, air­ part of the Airport except a place spe­ (b) No person may place any foreign craft engine, propeller, or apparatus in cifically assigned by the Airport Manager object in any plumbing fixture of a pub­ an area of the Airport other than that for picket lines or other public lic comfort station, terminal building, specifically designated for that purpose demonstrations. hangar, or other building on the Airport. by the Airport Manager. However, this (d) No person may operate any ve­ (c) No person may dispose of sewage, does not prevent a minor adjustment be­ hicle for the disposal of garbage, ashes, garbage, refuse, paper, or other material ing made while the aircraft is on a land­ or other waste material on the Airport on the Airport except in a receptacle pro­ ing ramp preparing to takeoff, if the ad­ without the approval of the Airport vided for that purpose. justment is necessary to prevent a de­ Manager. § 167.75 Preservation of property. layed takeoff. § 167.97 Animals. No person may, without the specific § 167.89 Restricted areas. No person may enter the Airport with permission of the Airport Manager— (a) Except as otherwise provided in a domestic or wild animal without the (a) Destroy, injure, deface, or disturb written permission of the Airport Man­ any building, sign, equipment, marker, this part, no person may, without the written permission of the Airport Man­ ager, except a— or other structure, tree, flower, lawn, or ager, enter any restricted area on the other public property on the Airport; (a) Person entering any part of the Airport that is posted as closed to the (b) Walk on a lawn or seeded area of Airport (other than the terminal build­ public. ing, gate loading area, or other restricted the Airport; (c) Alter, add to, or erect any building (b) No person may enter the aero­ area) with a domestic animal that is kept restrained by a leash or in confined so as on the Airport; drome, the control tower, any hangar, (d) Make an excavation on the Air­ the apron, or any other part of the Air­ to be completely under control; port; or port specified by the Airport Manager (b) Person entering the terminal (e) Willfully abandon any personal except— building or gate loading area with a small property on the Airport. (1) A person assigned to duty at that domestic animal (such as a dog or cat) place; that is to be transported by air and is § 167.77 Airport and equipment. (2) An authorized representative of kept restrained by a leash or is confined No person may interfere or tamper the Administrator, Department of Trans­ so as to be completely under control; or with, or injure, any part of the Airport or portation, National Transportation Safe­ (c) Blind person entering the terminal its equipment. ty Board, or Civil Aeronautics Board; building or gate loading area with a § 167.79 Dangerous objects. (3) A passenger who, under appropri­ seeing-eye dog. ate supervision, is entering the apron to (a ) No person except a peace officer, § 167.99 Loitering. embark or debark; or an authorized post office, airport, or air No person may loiter or loaf on any carrier employee, or a member of an (4) Any other person authorized by part of the Airport. If a loitering or loai- armed force on official duty, may carry the Airport Manager, or by a tenant for ing person is told by the Airport Manager any weapon, explosive, or inflammable an area he occupies. or his agent to move on or leave tne material on or about his person, openly § 167.91 Soliciting and canvassing. Airport, he shall do so. or concealed, on the Airport without the No person may, on the Airport, solicit § 167.101 Use of Airport and airspace. written permission of the Airport Man­ fares, alms, or funds, for any purpose (a) No person who has been denied ager. without the permission of the Airport (b) No person may furnish, give, sell, the use of the Airport by the Airport Manager. or trade a weapon on the the Airport. Manager may enter on or use the Airpo (c) For the purposes of this section a § 167.93 Commercial photography. except while traveling through as passenger in an interstate bus or ta weapon includes a gun, dirk, bowie knife, (a) Except as provided in paragraph blackjack, switch blade knife, slingshot, or while embarking or debarking as (b) of this section, no person may take a passenger on an aircraft operating or metal knuckles. still, motion, or sound picture on the Air­ port for commercial purposes without the Airport. - § 167.81 Coin-operated machines. (b) No person, except an employee o the permission of the Administrator. No person may, on the Airport— the United States performing his omcia (a) Use or attempt to use a coin-oper­ (b) The Airport Manager may allow duties or a person who has the spe ■ ated machine that requires the deposit any of the following to take pictures on permission of the Airport Manager, of a coin for its use, without first de­ the Airport for commercial purposes: prepare to operate, operate, or reie positing the coins required by the in­ <1) Professional photographers and kite, parachute, or balloon, model structions on the machine; motion picture cameramen photograph­ craft, or rocket on the Airport. FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8549

Subpart E— Fire Hazards and Fueling § 167.121 Doping. baffles to prevent sparks from escaping Operations (a) No person may conduct a doping or the propagation of flame. process on the Airport except in a prop­ § 167.129 Grounding of aircraft in § 167.111 Cleaning fluids. erly designed, fireproof, and ventilated hangars. (a) Except as provided in paragraph room or building in which all lights, wir­ No person may park an aircraft in any (b) of this section, no person may use a ing, heating, ventilation equipment, hangar or other structure on the Airport flammable volatile liquid having a flash switches, outlets, and fixtures are explo­ unless the aircraft is grounded in ac­ point of less than 110° Fahrenheit for sion-proof, spark-proof, and vapor-proof, cordance with the orders and instruc­ cleaning purposes in a hangar or other and in which all windows and doors are tions of the Airport Manager. building on the Airport. easily opened. (b) No person may use a flammable (b) No person may enter or work in § 167.131 Runway foaming services. volatile liquid having a flash point of a dope room while doping processes are Each operator of an aircraft for which less than 110° Fahrenheit to clean an are being conducted unless he is wearing runway foaming services are provided aircraft, aircraft engine, propeller, or ap­ spark-proof shoes. on the Airport at his request shall pay pliance, on the Airport, unless it is done § 167.123 Fueling operations. the expenses arising from providing in the open air or in a room specifically those services. set aside for that purpose. If a room is (a) No person may fuel or defuel an used, it must be fireproofed, be equipped aircraft on the Airport while— Subpart F— Obligations of Tenants with automatic sprinklers, and have ade­ (1) Its engine is running or is being quate and readily accessible fire extin­ warmed by applying external heat; § 167.141 Use o f premises. guishing apparatus. (2) It is in a hangar or enclosed space; No lessee of airport property may (3) It is within 50 feet of any hangar § 167.113 Open-flame operations. knowingly allow that property to be used or other building on the Airport; or or occupied for any purpose prohibited No person may conduct an open-flame (4) Passengers are in the aircraft, un­ by this part. operation on the Airport without the spe­ less a passenger loading ramp is in place cific permission of the Airport Manager. at the cabin door, the door is open, and § 167.143 Trash containers. § 167.115 Smoking. a cabin attendant is at or near the door. (a) No tenant, lessee, concessionaire, (b) No person other than those cov­ or agent of any of them, doing business No person may smoke on any airport ered by subparagraph (4) of paragraph on the Airport, may keep uncovered apron or ramps, in any hangar or shop, (a) of this section and those persons trash containers on a sidewalk or road, in any aircraft, on the Airport, or in any necessarily engaged in the fueling or de- or in a public area, of the Airport. other place on the Airport where smok­ fueling may be within 100 feet of an air­ (b) No person may operate an uncov­ ing is specifically prohibited by the Air­ craft that is being fueled or defueled. port Manager. ered vehicle to haul trash on the Airport. (c) No person may start the engine of (c) No person may operate a vehicle § 167.117 Storage. an aircraft on the Airport if there is for hauling trash, dirt, or any other any gasoline or other volatile flammable material on the Airport unless it is built (a) No person may store or stock ma­ liquid on the ground underneath it. terial or equipment on the Airport in a to prevent its contents from dropping, (d) No person may operate a radio sifting, leaking, or otherwise escaping. manner that constitutes a fire hazard. transmitter or receiver, or switch elec­ (b) No person may keep or store any trical appliances on or off, in an aircraft (d) No person may spill dirt or any flammable liquid, gas, signal flare, or on the Airport, while it is being fueled other material from a vehicle operated other similar material in a hangar or on the Airport. other building on the Airport. However, or defueled. such a material may be kept in an air­ (e) During the fueling of an aircraft, § 167.145 Bulletin boards. craft in proper receptacles, in rooms or on the Airport, the dispensing apparatus and the aircraft must both be grounded Each lessee of a hangar or other opera­ areas specifically approved for that stor­ tional area specified by the Airport Man­ in accordance with orders and instruc­ age by the Airport Manager, or in safety ager on the Airport shall maintain a tions of the Airport Manager. cans approved by appropriate insurance bulletin board in a conspicuous place in underwriters. (f) Each person engaged in fueling his hangar or area. He shall post on that (c) No person may keep or store lubri­ or defueling, on the Airport, shall ex­ board current workmen’s compensation cating or waste oils in or about a hangar, ercise care to prevent the overflow of notices, a list of competent physicians, except in a room specifically designated fuel, and must have readily accessible a list of his liability insurance carriers, for oil storage. However, not more than and adequate fire extinguishers. a copy of this part, and a copy of each a 12-hour supply of lubricating oil may (g) During the fueling or defueling pertinent order or instruction issued be kept in or about a hangar.in contain­ of an aircraft, on the Airport, no person under this part. ers or receptacles approved by appro­ may, within 50 feet of that aircraft, priate insurance underwriters. smoke or use any material that is likely § 167.147 Storage of equipment. (d) Each lessee of a hangar (or its to cause a spark or be a source of No tenant or lessee of a hangar, shop sublessee) on the Airport shall provide ignition. facility, or other operational area speci­ suitable metal receptacles, with self-clos­ (h) Each hose, funnel, or appurte­ fied by the Airport Manager on the Air­ ing covers, for storing waste, rags, and nance used in fueling or defueling an air­ port may store or stack equipment or other rubbish, and shall remove all rub­ craft on the Airport must be maintained material in a manner to be a hazard to bish from its premises each day. in a safe, sound, and nonleaking condi­ persons or property. § 167.119 Apron surface areas and floor tion and must be properly grounded to § 167.149 Fire apparatus. surface prevent ignition of volatile liquids. Each tenant or lessee of a hangar, shop (a) Each person to whom spaed on § 167.125 Radio operation. facility, or other operational area speci­ the Airport is leased, assigned, or made No person may operate any radio fied by the Airport Manager on the Air­ available for use shall keep the space equipment in an aircraft while the air­ port shall supply and maintain adequate iree and clear of oil, grease, or other craft is in a hangar on the Airport if any and readily accessible fire extinguishers, oreign materials that could cause a fire maintenance work, other than radio approved by fire underwriters for the hazard or a slippery or otherwise unsafe maintenance, is being done on that hazard involved, that the Airport Man­ condition. aircraft. ager considers necessary. No Person may use any material tin i absorbents or similar ma- § 167.127 Operating motor vehicles in § 167.151 Discrimination or segrega­ i ^ a t creates an eye hazard when hangar. tion. ¡5*®“ up. swirled, or blown about by No person may, in any hangar on the All services performed in operating a _ ® blast from an aircraft engine in any Airport, operate a motor scooter, truck, facility at the Airport must be without passenger loading area or other public or other motor vehicle, except a tractor discrimination or segregation as to race, with its exhaust protected by screens or creed, color, sex, or national origin.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8550 RULES ANO REGULATIONS

Subpart G— Charges (b) In addition to the penalties pre­followed by an additional parenthetical scribed in paragraph (a) of this section, declaration in terms of the largest whole § 167.161 Landing charges. the Airport Manager may remove or units and subdivisions thereof but is (a) Except as provided in paragraph eject any person from the Airport, if that silent as to whether or not such paren­ (b) of this section and in § 167.167, the person willfully and knowingly violates thetical declaration is required following charge for each landing of an aircraft a rule prescribed in this part, or an the declaration of the quantity of each at the Airport is forty (40) cents per order or instruction issued by the Re­ unit. As suggested, examples have been 1,000 pounds. gional Director or Airport Manager un­ added to 5 1.8b(s) below to show that

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107- 8552 RULES AND REGULATIONS

PART 121— FOOD ADDITIVES Effective date. This order shall become petition (FAP 6B2049) filed by American effective on its date of publication in the Hoechst Corp., 777 Third Avenue, New Subpart F— Food Additives Resulting F ederal R eg iste r . York, N.Y. 10017, and other relevant ma­ From Contact With Containers or (Sec. 409(c) (1 ), 72 Stat. 1786; 21 U.S.C. 348 terial, concludes that the food additive Equipment and Food Additives ( c ) (1 ) ) regulations should be amended to provide for the safe use of the substance specified Dated: May 21, 1970. Otherwise Affecting Food below as a stabilizer in certain semirigid R . E. D u g g a n , R e s in o u s a n d P o l y m e r ic C o a t in g s ; and rigid polyvinyl chloride materials Acting Associate Commissioner A d h e sive s used in the manufacture of food-contact for Compliance. articles. Therefore, pursuant to provi­ The Commissioner of Food and Drugs, [F.R. Doc. 70-6677; Filed, June 2, 1970; sions of the Federal Food, Drug, and Cos­ having evaluated data in a petition (FAP 8:45 a.m.] metic Act (sec. 409(c) (1), 72 Stat. 1786; 9B2320) filed by Tenneco Plastics Divi­ 21 U.S.C. 348(c) (1) ) and under author­ sion, Tenneco Chemicals, Inc., Post Office PART 121-—FOOD ADDITIVES Box 129, Flemington, N.J. 08822, and ity delegated to the Commissioner (21 other relevant material, concludes that Subpart F— Food Additives Resulting CFR 2.120), § 121.2566(b) is amended by the food additive regulations should be From Contact With Containers or alphabetically inserting in the list of sub­ amended as set forth below to provide Equipment and Food Additives stances a new item, as follows : for the safe use of tridecyl alcohol as a Otherwise Affecting Food component of resinous and polymeric §121.2566 Antioxidants and/or stabi­ food-contact coatings and food-packag­ S t a b il iz e r for P o l y m e r s lizers for polymers. « * * * 4s ing adhesives. Therefore, pursuant to The Commissioner of Food and Drugs, provisions of the Federal Food, Drug, and having evaluated data submitted in a (b) List of substances: Cosmetic Act (sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348(c)(1)) and under Limitations authority delegated to the Commissioner * * * * * * (21 CFR 2.120), Part 121 is amended as Poly [(1,3 - dibutyldistannthianediylidene) - For use only at levels not to exceed 0.2 per­ follows: 1,3-dithio] having the formula [C„H18 cent by weight in polyvinyl chloride resin 1. Section 121.2514(b) (3) (xxxiii) is SnjSgln (where » averages 1.5-2) and pro­ where such resin constitutes not less than amended by alphabetically inserting in duced so as to meet the following speci­ 98.7 percent of a finished semirigid or the list of substances a new item, as fications: Softening point, 130-145° C.; rigid polyvinyl chloride food-contact sur­ follows: volatile components at 150° C., less than face, provided that the finished food- 1.0 percent; sulphur (sulfide) content in contact article is employed only to package § 121.2514 Resinous and polymeric the range 20.5-22.0 percent; tin content meat, cheese, or food of type V III as de­ coalings. in the range 52.0-53.2 percent. scribed in table 2 of § 121.2526(c). The finished food-contact article containing ***** ♦ * * this stabilizer, when extracted with re­ (b) * * * fined cottonseed oil at 120° F. for 48 hours, (3) * * * using a volume-to-surface ratio of 2 milli­ (xxxiii) * * * liters per square inch of surface tested, Tridecyl alcohol produced from tetrapropy- shall yield tin (Sn ) not to exceed 0.0005 lene by the oxo process, for use only as a milligram per square inch of food-contact processing aid in polyvinyl chloride resins. surface. ***** * * * 2. Section 121.2520(c) (5) is amended by alphabetically inserting in the list of Any person who will be adversely af­ SUBCHAPTER C— DRUGS substances a new item, as follows: fected by the foregoing order may at any PART 149b—AMPICILLIN time within 30 days after its date of pub­ § 121.2520 Adhesives. lication in the F ederal R e g ister file with Ampicillin Tablets ***** the Hearing Clerk, Department of Health, Education, and Welfare, Room Pursuant to provisions of the Federal (c) * * * Food, Drug, and Cosmetic Act (sec. 507, (5) * * * 6-62, 5600 Fishers Lane, Rockville, Md. 20852, written objections thereto in quin­ 59 Stat. 463, as amended; 21>U.S.C. 357) Co m ponents op Adhesives tuplicate. Objections shall show wherein and under authority delegated to the Substances Limitations the person filing will be adversely affected Commissioner of Food and Drugs (21 * * * * * * by the order and specify with particu­ CFR 2.120), the following new section is added to Part 149b to provide for cer­ Tridecyl alcohol______. ------larity the provisions of the order deemed objectionable and the grounds for the ob­ tification of the subject antibiotic drug: * * * * * * jections. I f a hearing is requested, the ob­ § 149b. 4 Ampicillin tablets. Any person who will be adversely af­ jections must state the issues for the (a) Requirements for certification--- fected by the foregoing order may at hearing. A hearing will be granted if the any time within 30 days after its date ( I ) Standards of identity, strength, objections are supported by grounds of publication in the F ederal R egister quality, and purity. Ampicillin tablets file with the Hearing Clerk, Department legally sufficient tq justify the relief are tablets composed of ampicillin with of Health, Education, and Welfare, Room sought. Objections may be accompanied one or more suitable and harmless dilu­ 6-62, 5600 Fishers Lane, Rockville, Md. by a memorandum or brief in support ents and lubricants. Each tablet cop- tains 250 or 500 milligrams of ampicillin. 20852, written objections thereto in quin­ thereof. tuplícate. Objections shall show wherein Its potency is satisfactory if it is 1 nP® the person filing will be adversely af­ Effective date. This order shall become less than 90 percent and not more than fected by the order and specify with effective on its date of publication in the 120 percent of the number of milligram® particularity the provisions of the order F ederal R eg ist e r . of ampicillin that it is represented to deemed objectionable and the grounds (Sec. 4 0 9(c)(1), 72 Stat. 1786; 21 U.S.C. 348 contain. Its loss on drying is not mor for the objections. If a hearing is re­ ( c ) (1 ) ) than 4 percent. The tablets disintegrate quested, the objections must state the Dated: May 21,1970. within 15 minutes. The ampicillin used issues for the hearing. A hearing will be /»ATifArmc fn fhA .Qt.fLTl H ATiiS DrCSCri^ granted if the objections are supported R . E. D u g g a n , Acting Associate Commissioner by § 146a. 123 of this chapter. by grounds legally sufficient to justify (2) Labeling. It shall be labeled in ac­ the relief sought. Objections may be ac­ for Compliance. cordance with the requirements companied by a memorandum or brief [F.R. Doc. 70-6678; Filed June 2, 1970; in support thereof. 8:45 a.m.] § 148.3 of this chapter.

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970' RULES AND REGULATIONS 8553

(3) Requests for certification; sam­ ples. In addition to complying with the Title 18— CONSERVATION OF Title 46— SHIPPING requirements of § 146.2 of this chapter, each such request shall contain: POWER AND WATER RESOURCES Chapter II— Maritime Administration, Department of Commerce (i) Results of tests and assays on: Chapter V— Federal Water Quality (c) The ampicillin used in making the Administration, Department of the SUBCHAPTER H— TRAINING batch for potency, safety, loss on drying, [General Order 87, Rev., Arndt. 4] pH, ampicillin content, crystallinity, and Interior identity. CHANGE OF CHAPTER HEADING PART 310— MERCHANT MARINE (b) The batch for potency, loss on dry­ TRAINING ing, and disintegration time. M a y 22,1970. Section 110 of the Water Quality Im­ Subpart A— Regulations and Mini­ (ii) Samples required: mum Standards for State Maritime (a) The ampicillin used in making the provement Act of 1970 (Public Law 91- batch: 10 packages, each containing ap­ 224, dated Apr. 3, 1970, 84 Stat. 91) Academies and Colleges changed the name of the Federal Water proximately 300 milligrams. G reat L a k e s M a r it im e A c a d e m y Pollution Control Administration to the (b) The batch: A minimum of 36 Federal Water Quality Administration. Effective upon the date of publication tablets. To conform to that provision of the in the F ederal R eg iste r , §§ 310.3, 310.6, (b) Tests and methods of assay— (1) law, Chapter V of Title 18 of the Code and 310.10 of Subpart A of this part are Potency. Use either of the following of Federal Regulations is accordingly amended as follows: methods; however, the results obtained changed to the Federal Water Quality Section 310.3 is amended as follows: from the microbiological agar diffusion Administration. 1. Amend paragraph (a) State Mari­ assay shall be conclusive : time Schools operating with Federal aid (1) Microbiological agar diffusion L a w r e n c e H . D u n n , by adding the words “ The Great Lakes assay. Proceed as directed in § 141.110 Assistant Secretary Maritime Academy of Northwestern of this chapter, preparing the sample for Administration. Michigan College” at the end thereof. for assay as follows: Blend a representa­ [F.R. Doc. 70-6824; Filed, June 2, 1970; 2. Amend supbaragraph (1) of para­ tive number of tablets in a high-speed 8:49 a.m.J graph (c) Curriculum to read as glass blender with sufficient O.lltf potas­ follows: sium phosphate buffer, pH 8.0 (solution (c) Curriculum. (1) The minimum 3), to give a stock solution of convenient period of training shall be 3 years. For concentration. Further dilute an aliquot Title 26-IN TERN AL REVENUE the cadets at the Schools located in of the stock solution with solution 3 to Chapter I— Internal Revenue Service, California, Maine, Massachusetts, New the reference concentration of 0.1 micro­ Department of the Treasury York, and Texas at least 6 months of the gram of ampicillin per milliliter total time must be aboard a schoolship (estimated). SUBCHAPTER D— MISCELLANEOUS EXCISE TAXES in cruise status. A maximum of 2 months (ii) Iodometric assay. Proceed as di­ [T.D.7041] of training time aboard commercial ves­ rected in § 141.506 of this chapter, pre­ sels may be substituted for 2 months of paring the sample solution as follows: PART T 47— TEMPORARY REGULA­ the specified schoolship time. For the Blend a representative number of tab­ TIONS UNDER THE INTEREST cadets at The Great Lakes Maritime lets in a high-speed glass blender with EQUALIZATION TAX ACT Academy 3 months of the time must be distilled water to give a stock solution of aboard a schoolship in cruise status and convenient concentration. Further dilute Election by Certain Domestic Financ­ 6 months of the time must be aboard an aliquot of the stock solution with dis­ ing Companies To Be Treated as Great Lakes commercial vessels. Cadets tilled water to give a concentration of Foreign Issuers or Obligors; in training status aboard commercial 1.0 milligram of ampicillin per milliliter. Correction vessels shall sign on board as cadets and (2) Loss on drying. Proceed as di­ shall pursue their training within the rected in § 141.501(a) of this chapter. On May 15, 1970, TJD. 7041 was pub­ framework of formal sea projects pre­ (3) Disintegration time. Proceed as lished in the Federal R egister (35 F.R. pared and monitored by their respective directed in § 141.540 of this chapter, 7555). schools. Should any school extend the using the procedure described in para­ The language “ [insert date 30 days minimum training period beyond 3 years, graph (e) (1) of that section. after promulgation of T.D.1” appearing such school shall notify the Maritime Data supplied by the manufacturer in the third and fourth lines in para­ Administrator. concerning the subject antibiotic drug graph (f) (1) of § 147.7-7 of the tem­ Section 310.6 is amended as follows: have been evaluated. Since the conditions porary regulations under the Interest Amend paragraph (a) by adding the prerequisite to providing for certifica­ Equalization Tax Act, as amended by the following new sentence at the end of tion of this drug have been complied Interest Equalization Tax Extension Act subparagraphs (2) and (5) thereof: “The requirements of this paragraph shall not with and since not delaying in so provid­ of 1969 (26 CFR Part 147), as prescribed by TJD. 7041 should have been “ June 14, apply at The Great Lakes Maritime ing is in the public interest, notice and 1970” . Accordingly, replace said language Academy.” Public procedure and delayed effective with “June 14,1970” . Section 310.10 is amended as follows: date are not prerequisites to this pro­ Paragraph (i) of § 147.7-7 of the tem­ Amend paragraph (a) by adding the mulgation. porary regulations under the Interest following sentence at the end thereof: Equalization Tax Act, as amended by “The requirements of this paragraph date. This order shall be the Interest Equalization Tax Extension shall not apply to cadets at The Great effective upon publication in the Federal Lakes Maritime Academy.” •Register. Act of 1969 (26 CFR Part 147), as pre­ scribed by T.D. 7041 should have been (Sec. 101,49 Stat. 1985, 46 U.S.C. 1101; Public 357)' 507, 59 Stat- 463> 88 amended; 21 U.S.C. designated paragraph “ (h )”. Accord­ Law 85-672, 72 Stat. 622,46 U.S.C. 1381) ingly, redesignate paragraph “ ( i ) ” as Dated: May 27,1970. Dated: May 22, 1970. paragraph “ (h )”. By order of the Maritime Administra­ Sam D. Fine, [ s e a l ] J am e s F . D r in g , tor. Acting Associate Commissioner Director, Legislation and J a m e s S. D a w s o n , Jr„ for Compliance. Regulations Division. Secretary. [PR. Doc. 70-6800; Filed, Juno 2, 1970; [F.R. Doc. 70-6814; Filed, Ju n e 2, 1970; [F.R. Doc. 70-6808; Filed, June 2, 1970; 8:47 a m .] 8:48 a.m.] 8:48 am .]

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8554’ RULES AND REGULATIONS

One copy of each deviation shall be fur­ (Installations and Logistics), Depart­ Title 32-NATIONAL DEFENSE nished the addressee in § 591.150(b)(6) ment of the Army, Washington, D.C. at the time the deviation is granted. 20310. Chapter V— Department of the Army (c) Except as authorized in para­ (7) [Reserved] SUBCHAPTER G— PROCUREMENT graphs (a) and (b) of this section, a (8) Recorder, Army Contract Adjust­ deviation from ASPR, APP, or other MISCELLANEOUS AMENDMENTS TO ment Board, Office of the Assistant Sec­ Department of Defense or Department retary of the Army (Installations and SUBCHAPTER of the Army publication governing pro­ curement which affects only one contract Logistics), Department of the Army, Title 32, Chapter V, Subchapter G, Washington, D.C. 20310. is amended as follows: or transaction shall require prior written approval of the addressee in § 591.150 ***** PART 591— GENERAL PROVISIONS (b) (6). (11) Director of Requirements and 1. Section 591.109-2 is revised; in § 591.150 Procurement channels and Procurement, Headquarters, U.S. Army § 591.150 paragraphs (b) (6), (7), (8), mailing addresses. Materiel Command, Washington, D.C. (11), and (e) are revised; §§ 591.322-6, * * ♦ * * 20315. 591.322-7, 591.350-5 (a) and (c), 591.351- (b) * * * * * * * * 1, 591.352(a), 591.401-50(a), 591.401-51, (6) Deputy for Procurement, Office of 591.403-55 (a) and (c) are revised; an the Assistant Secretary of the Army (e) Flow of procurement authority. : § 591.405 paragraph (a) (3) and para­ graph (c) are revised and new para­ graphs (d) and (e) are added; §§ 591.406-51, 591.450-1, 591.450-5(d), 591.450-10 (b), 591.450-11 (b), 591.452- 1 (a)(1 ) are revised; in § 591.650 new paragraphs (c) and (d) are added; §§ 591.705-4, 591.751-2(e), 591.751-30», 591.751-4 (b) and (c), 591.1004 (a) and (b), 591.2100-5 (b), 591.5003, 591.5005, and 591.5006 (b) and (c) are revised, as follows: § 591.109—2 Deviations affecting one contract or transaction. (a) The Director of Requirements and Procurement, Headquarters U.S. Army Materiel Command, is authorized, with­ out power of redelegation, to approve deviations from ASPR which affect only one contract or transaction except that the authority granted does not extend to (1) ASPR Section EX, (2) Other ASPR provisions as to which the Department of Defense has sus­ pended Departmental deviation author­ ity, or § 591.351—1 Authorizations. (3) Other ASPR provisions as to § 591.322—6 Multiyear procurement of services. which action or deviation authority is Section 607 of the Department of De­ limited by ASPR or APP to a level higher Requests for determinations and find­ fense Appropriations Act, 1970 permits than Headquarters, U.S. Army Materiel ings required to be made by the Assistant the leasing of real or personal property Command. Secretary of the Army (Installations and using annual funds for 12 months begin­ Logistics) shall be forwarded through ning at anytime during a fiscal year Unless exigency of the situation requires the cognizant Head of Procuring Activity (Public Law 91-171). Construction funds immediate action, a written notice of (see § 591.150(d)) to the addressee in have also been made available for the each proposed deviation shall be for­ § 591.150(b) (6). hire of passenger motor vehicles (Pub­ warded the addressee in § 591-150 (b) (6) lic Law 91-170, section 105). prior to the effective date of the devia­ § 591.322—7 Procedures for service con­ tion. Six copies of each deviation shall be tracts. §591.352 Open end contract informa­ furnished the addressee in § 591.150 Requests for determinations and find­ tion circulars (OECIC). (b) (6) at the time the deviation is ings required to be made by the Assistant (a) Open end contract information granted. Secretary of the Army (Installations and circulars (OECIC) shall be published as (b) A head of procuring activity, his Logistics) shall be forwarded through the Department of the Army circulars in the deputy, or a principal assistant responsi­ cognizant Head of Procuring Activity 715 series to provide general information ble for procurement, is authorized, with­ (see § 591.150(d)) to the addressee in relative to indefinite delivery type con­ out power of redelegation, to approve § 591.150(b)(6). tracts (see § 3.409 of this title) estab­ deviations from APP which affect only lished by contracting officers within tn one contract or transaction; except that § 591.350—5 Extensions beyond fourth. U.S. Army Materiel Command for re­ the authority granted does not extend * * * * * quirements that are nationwide in scope to— (a) The Director of Requirements andor that cover a large geographic area. (1) APP Section EX, Procurement, U.S. Army Materiel Com­ The Director of Requirements and Pro­ (2) Other APP provisions as to which mand, for procuring activities of that curement, Headquarters, U.S. Army command; Materiel Command, is responsible for_oe- action or deviation authority is limited termining the need for publication oi a by APP to a level higher than a head of * * * * * OECIC. OECIC’s shall not be publisnea procuring activity, or (c) The Deputy for Procurement, for contracts for subsistence items or for (3) A deviation which would conflict Office of the Assistant Secretary of the with ASPR or with a statutory require­ Army (Installations and Logistics) for all petroleums, oils, and lubricants. ment. other procuring activities.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8555

§ 591.401—50 Exercise "of functions of Logistics). Accordingly, whenever the of procuring activity subject to the limi­ head of procuring activity. organization of an Army purchasing of­ tation shall submit any proposed award * * * * * fice is changed, one copy of the revised of an A-E contract for title I or title II (a) Director of Requirements and organizational chart shall be forwarded services, or both, to the addressee in Procurement, Headquarters, U.S. Army the addressee in § 591.150(b) (6). § 591.150(b) (6) through the Office, Chief Materiel Command, for the— (e) One copy of contracting officers’ of Engineers, in the following cases— Certificates of Appointment, DD Forms ***** * * * * * 1539, shall be forwarded the addressee in § 591.450—10 Leases o f Government § 591.401—51 Purchasing offices not as­ § 591.150(b) (6) at time of issuance. signed to a head o f procuring activity. personal property. § 591.406—51 Authority and limitations. * * * * * The Deputy for Procurement, Office of the Assistant Secretary of the Army (In ­ (a) A COR may not be empowered to (b) Proposed leases and modifications stallations and Logistics), shall exercise award, agree to, or sign any contract or thereto of Government personal prop­ the functions of head of procuring activ­ modification thereto, or in any way to erty shall be submitted for approval to ity for any purchasing office within the obligate the payment of money by the the addressee in § 591.150(b) (6), except Department of the Army which has not Government; except that— when approval authority has been dele­ otherwise been assigned to a head of ( 1 ) A COR may be empowered to issue gated to heads of procuring activities. procuring activity. change orders under the Changes clause § 591.450—11 Automatic data process­ in contracts for supplies and services and ing equipment (ADPE). § 591.403—55 Procurements in support under the Changes (Standard Form 23) * * * * . * of Southeast Asia (S E A ). or subparagraph (a) of the Changes and (a)N All procurements in support of Changed Conditions (Standard Form 19) (b) I f the proposed equipment is to Southeast Asia (SEA) which propose a clauses in construction contracts, pro­ be used for classified information, con­ shift from a competitive to a noncom­ vided such change orders do not involve sideration shall be given to AR 380-46(0 petitive basis shall be approved in ad­ a change in unit price, total contract before requests for ADPE procurement vance at the following levels (exempt re­ price, quantity, quality, or delivery are submitted. port, paragraph 7-2b AR 335-15) — schedule; and § 591.452-1 Policy. (1) Prom $10,000 to $25,000 at a level (2) A COR may be empowered to is­ higher than the contracting officer; sue or change shipping and marking in­ (a) * * * (10 Contracting officers in a central (2) From $25,000 to $200,000 at a level structions which may affect the unit or higher than the contracting officer, after total contract price within the limits of purchasing office shall be responsible for review by an appropriate Board; funding authority certified to him, pro­ the efficient performance of the procure­ (3) From $200,000 to $1 million by the vided such shipping and marking in­ ment mission assigned the installation/ head of procuring activity, his deputy, or structions or changes thereto in no way activity concerned, and a principal assistant responsible for pro­ change the total production quantity in * * * * * curement, after review by an appropriate the contract delivery schedule, and pro­ § 591.650 Fraud or criminal conduct. Board; and vided further that the COR furnishes a * * * * * (4) Over $1 million by the Assistant copy of each document issuing or chang­ (c) When a contractor has been added Secretary of Army (Installations and ing shipping and marking instructions to to the consolidated list in § 1.601 of this Logistics) after approval recommenda­ the contracting officer concurrently with title, or allegations of fraud or criminal tion by the appropriate head of procur­ its release to the contractor. conduct in connection with procurement ing activity. (b) Within the limitations in para­ activities are reported, the reporting ***** graph (a) of this section, a COR may be agency shall make a determination as to (c) Requests for approval of Assist­empowered to take any actions under a whether a review also shall be made of ant Secretary of the Army (Installations contract which could lawfully be taken contractual relationships with the con­ and Logistics) shall be concise and speci­ by the contracting officer except where tractor and its affiliates. The review, if fic but in sufficient detail to demonstrate the terms of the contract itself specif­ made, shall cover a period of 2 years, or clearly the need to use noncompetitive ically prohibit a COR from exercising longer if considered necessary to deter­ procurement. As a minimum the follow­ such authority. mine whether there is procurement fraud ing information shall be submitted by (c) A COR may not be authorized to or other criminal conduct and whether letter or message, marked “For Official initiate procurement actions by use of the Government may have any basis for use Only,” or classified higher, as ap­ imprest funds, blanket purchase agree­ recovery of damages, or payments from propriate, through the Deputy Chief of ments, or other small purchase methods, the contractor in connections with such Staff for Logistics, Department of the nor to place calls or delivery orders under other procurement activities. Results of Army, to the addressee in § 1.150(6) of basic agreements, basic ordering agree­ the review shall be reported through pro­ this title— ments, or indefinite delivery type curement channels to the addressee in ***** contracts. § 591.150(b) (2) (exempt report, para­ graph 7-2t, AR 335-15). §591.450—1 By contracting officers. § 591.405^ Selection, appointment, and (d) Appropriate legal personnel who termination o f appointment o f con­ Except as prescribed in ASPR or in tracting officers. have cognizance of the legal aspects of §§ 591.403-52, 591.403-55, and 591.450-3 contracts in the field (see § 591.403-51) (a) * * * through 591.450-11, contracting officers and the Advisor on Fraud Matters to the (3) The Deputy for Procurement, Of- may award contracts and modifications Assistant Secretary of the Army (Instal­ nce of the Assistant Secretary of the without approval of award by higher au­ lations and Logistics) shall review each troy (Installations and Logistics); thority, subject to limitations in their pending fraud matter to determine the Certificates of Appointment and to lim­ adequacy of the scope of the investiga­ ,.c) ^t U Department of the Army itations which may otherwise be imposed tion made or being requested. by the cognizant head of procuring ac­ that Procurement mission as- tivity. Contracting officers shall insure § 591.705—4 Certificates o f competency. ,JLe(1 .?®. installation/activity be the P ^ b U ity of a central purchasing of- that contracts, and modifications have Documents required to be forwarded been reviewed by Boards of Awards in to the Assistant Secretary of the Army nnvnv. installation/activity. The accordance with § 591.450-2 prior to (Installations and Logistics) shall be shell k °>f contracting officers appointed making awards. forwarded to the addressee in § 591.150 . kept to the minimum essential (b )(6 ) (see § 591.150(d)). mr efficient operation. § 591.45B—5 Architect-engineer (A—E) Arm! ®rganizational charts of each services. § 591.751—2 Preparation. ^ PWehBting office are maintained * * * * * ***** Prociirn^ tile offlce of the Deputy for (d) When a Secretarial delegation of (e) When completed, DA Forms 1877 ° fflce of the Assistant Sec- authority imposes a dollar limitation shall be made available only to personnel y of the Army (Installations and upon award approval, the cognizant head who have a “need-to-know” until the FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8556 RULES AND REGULATIONS date of award of contract. Copies of DA (b) All other AP Plans or updates officer shall attempt to resolve the issue, Forms 1877 distributed outside the De­ thereof shall be submitted through the except when— partment of the Army shall be marked Deputy Chief of Staff for Logistics, De­ (1) He considers it desirable to sub­ “ For Official Use Only” in accordance partment of the Army, to the addressee mit the protest to a higher authority for with AR 340-16. in § 591.150(b) (6) (see § 591.150(d)) for resolution, approval, whether negotiated or formally (2) He considers it desirable to obtain § 591.751—3 Review after preparation. advertised, if for— the opinion of the Comptroller General ♦ * * * ♦ * * * * * before award, or (b) Whenever the contracting officer (3) The person making the protest and the Small Business and Economic § 591.5003 Determination and referral indicates that he intends to carry the Utilization Advisor (or, when the con­ for hearing. protest to a higher authority. tracting officer also functions as thè (a) The Deputy for Procurement, (b) Protest cases submitted to higher Small Business and Economic Utiliza­ Office of the Assistant Secretary of the authority for resolution shall be fully tion Advisor, the contracting officer and Army (Installations and Logistics), shall documented and shall include the in­ the individual at a level higher than the determine whether the matter shall be formation set forth in § 2.407-8(a) (2) contracting officer who reviews the DA referred for a hearing. When he deter­ of this title.__ Form 1877) are not in agreement and mines that the matter shall be so re­ (c) Cases under paragraph (a) (1) of cannot reach an agreement, the DA Form ferred, he shall advise the Chairman of this section shall be referred, in turn, 1877 shall be forwarded to the cognizant the Armed Services Board of Contract to the next higher level1 of authority for head of procuring activity for review and Appeals (ASBCA) in writing of his de­ resolution. Each referral shall be ac­ decision at that level. If an issue cannot termination and request that the case companied by an explanation why the be resolved at head of procuring activity be heard by a division of the Board. The matter cannot be resolved at the lower level, the DA Form 1877 shall be for­ request for hearing shall contain suffi­ level. warded to the addressee in § 591.150(b) cient information to permit the Board (d) Cases under paragraph (a) (2) of (6) for resolution (see § 591-150 (d) ). Recorder to provide due notice to the this section shall be processed as follows: contractor. (1) Those cases emanating in pur­ § 591.751—4 Due date and distribution. (b) The Deputy for Procurement shall chasing offices under the jurisdiction of * * * * furnish the files in the case to The Headquarters, U.S. Army Materiel Com­ (b) For proposed procurements hav­ Judge Advocate General, Attention: mand, shall be forwarded through the ing an estimated cost of more than $300,- Chief, Contract Appeals Division, for cognizant head of procuring activity to 000, one copy of DA Form 1877 together use of Government counsel. the addressee in § 591.150(b) (12) of this with any appropriate attachments shall chapter. Each intervening level of au­ be forwarded direct to the addressee in § 591.5005 Withholding of funds. thority shall add its recommendations in § 591.150(b) (6), Attention: Army Small Pending determination of the Deputy the matter. Headquarters, U.S. Army Business and Economic Utilization Policy for Procurement as to referral1 of a case Materiel Command, shall forward pro­ Advisor. Concurrent distribution shall be to the Board and pending a decision of tests directly to the Comptroller made to intermediate commands. Letters the Board if a hearing is recommended, General: of transmittal are not required. The the contracting officer administering the (2) Those cases emanating in pur­ original DA Form 1877 shall become a contract or contracts involved shall with­ chasing offices under the jurisdiction of part of the contract file. hold from payments otherwise due the the Chief of Engineers shall be forwarded (c) A t the time of an award of a con­ contractor a sum equivalent to 10 times to the Chief of Engineers, Attention: tract of more than $10,000 for which a the estimated costs of the gratuities al­ ENGGC-M, Department of the Army, DD Form 350 is required, a copy of the leged to have been offered or given by Washington, D.C. 20315. The Chief of relevant DA Form 1877 shall be attached the contractor, his agents, or other repre­ Engineers shall in turn forward protests to a copy of the DD Form 350 and fur­ sentatives, in violation of the Gratuities directly to the Comptroller General; nished the installation/activity Small clause. (3) Headquarters, U.S. Army Materiel Command, and the Chief of Engineers Business and Economic Utilization Ad­ § 591.5006 Posthearing actions. visor. For contracts of more than $300,- shall forward a copy of each transmittal 000, one copy of the DA Form 1877 * * * • * letter, the contracting officer’s adminis­ attached to the DD Form 350 shall be (b) The Deputy for Procurement shall trative report, and the legal analysis and forwarded direct to the addressee in promptly furnish the contractor with a opinion of the issues (when appropriate) 5 591.150(b)(6), Attention: Army Small dopy of the Secretarial decision. He shall relative to each protest forwarded di­ Business and Economic Utilization Policy also advise the cognizant head of pro­ rectly to the Comptroller General to the Advisor. This distribution is in addition curing activity of the Secretarial deci­ addressee in § 591.150(b) (6) of this to the distribution prescribed for DD sion, who in turn shall furnish notifica­ chapter; (4) Those cases emanating in pur­ Form 350. tion and instructions to the contracting officer without delay. chasing offices other than those enumer­ * * * * * (c) A t the conclusion of the case, the ated in subparagraphs (1) and (2) of this, § 591.1004 Disclosure of information Board Recorder shall forward all files in paragraph shall be forwarded through prior to award. the matter to the Office of The Judge the cognizant head of procuring activity (a) For proposed unclassified negoti­ Advocate General which shall serve as to the addressee in § 591.150(b)(6) (see ated procurements estimated to exceed the Office of Record fo r cases brought 1591.150(d) of this chapter). Each in­ $100,000 and which involve competition, for hearing under 10 U.S.C. 2207. With tervening level of authority througn the marking “For Official Use Only” shall the approval of the Deputy for Procure­ which the protest is forwarded shall add be applied in accordance with A it 340-16 ment, the Office of Record may make its recommendations in the matter. to— * * * available to persons properly and directly (e) Cases under paragraph (a) (3) oi this section shall be referred for neces­ (b) Contracting officers shall consider concerned matters of official record per­ taining to the case. sary action to the level of authority des­ using the protective marking for other ignated by the protestor. Such cases sensitive types of information associated shall be forwarded through procurement with unclassified procurement actions, giving due consideration to the magni­ PART 592— PROCUREMENT BY channels. FORMAL ADVERTISING (f) When a contracting officer makes tude of workload involved. The marking an award pursuant to § 2.407- 8(b) (3) o of certain information received in con­ 2. Section 592.407-8 is added; and this title, he shall furnish copies of ms fidence from private industry, regardless § 592.407-9 is revoked, as follows: decision to award to: . of the monetary value of the procure­ (1) The cognizant head of procuring ment involved, is governed by AR 340-16. § 592.407—8 Protests against award. activity, and r- (a) When a protest is received prior (2) The authority to which the per § 591.2100-5 Approval. son making the protest had indicate« • 0. • • • to award of a contract, the contracting

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8557 that he intended to carry the protest, if § 592.407—9 P ro te s ts against award. (c) Premature disclosure of informa­ applicable. [Revoked] tion contained in a determination and (g) When a contracting officer for­ findings and its supporting data could wards a protest received prior to award provide an unfair advantage to one PART 593— PROCUREMENT BY prospective contractor over another or to a higher authority for resolution, he NEGOTIATION shall withhold the award pending in­ create an impression that fair treatment structions from the authority to which 3. Sections 593.213-2 (b) and (e),was not being accorded all concerned. the protest was forwarded for resolution. 593.213-5, 593.301(c), 593.408-50, Accordingly, determinations and findings (h) When a protest is filed directly 593.605-3(a) (1), 593.609-1 (b), 593.703 and supporting data not classified for with the Comptroller General, the cog­ (a) and (c)(1), 593.705 (a), (b), (e)(3), other reasons shall be marked “For O f­ nizant head of procuring activity shall and (h )(1 ), 593.750(b), 593.750-1 (b), ficial Use Only,” unless the contracting be notified by the Deputy for Procure­ and 593.750-6(b) are revised, as follows: officer determines in writing that there ment, Office of the Assistant Secretary is no likely risk of prejudice to prospec­ of the Army (Installations and Logis­ § 593.213—2 Application. tive contractors. Marking and removal tics). The head of procuring activities * * * * * of marking “For Official Use Only” shall shall in turn notify the contracting (b) Responsibility within the Depart­ be in accordance with AR 340-16. ment of the Army for action concerning officer concerned and the contracting § 593.408—50 Letter contracts awarded, officer shall promptly forward the in­ candidate items for standardization and definitized, and outstanding. formation prescribed in paragraph (b) for monitoring the standardization pro­ of this section together with any other gram under 10 U.S.C. 2304(a) (13) is (a) Heads of procuring activities who documentation specifically requested by vested in the Commanding General, U.S. award letter contracts shall prepare and the Comptroller General. Cases shall be Army Materiel Command, who has as­ submit quarterly reports on Letter Con­ forwarded in accordance with paragraph signed the responsibility to the Director tracts Awarded, Definitized, and Out­ (d) (1), (2), or (4) of this section. of Requirements and Procurement of standing, Reports Control Symbol (i) Because of the sensitivity of many that command. The Director of Require­ DD-I&L (Q)-679, in the format in protests filed with the Comptroller Gen­ ments and Procurement, U.S. Army § 593.408-51. Reports shall be signed by eral, no award will be made under the Materiel Command, assigns responsibil­ an individual named in § 591.150(c) of provisions of § 2.407-8(b) (2) of this title ity for initiating standardization action, this title and submitted in duplicate to without prior approval of the Deputy according to groups or categories of can­ the addressee in § 591.150(b) (6) of this for Procurement, Office of the Assistant didate items, to a head of procuring chapter within 25 calendar days af ter the Secretary of the Army (Installations and activity who is then responsible within close of each quarter year. Negative re­ Logistics). Furthermore, unless other­ the assigned category for— ports are not required. wise authorized by the Director of Ma­ * * * * * (b) Heads of procuring activities sub­ teriel Acquisition, all informal contracts ordinate to Headquarters, U.S. Army Ma­ (e) When redesign or redesignation of with the Comptroller General shall be teriel Command or U.S. Continental made by the Office of the Assistant Sec­ a standardized model will not affect Army Command shall submit their re­ retary of the Army (Installations and interchangeability of parts of the new ports to the appropriate Headquarters and old models, the standardization file Logistics). Such contacts include advis­ which shall consolidate the report for of the cognizant head of procuring ac­ ing the Comptroller General in appro­ submission to the addressee in § 591.150 priate cases of the intent of the tivity and the Director of Requirements (b) (6) of this chapter. and Procurement, U.S. Army Materiel Department of the Army to make an (c) For reporting purposes a letter award prior to the resolution of the Command, shall reflect a revision to the original standardization approval, sup­ contract consists of a basic letter con­ protest. tract with all amendments and shall be ported by a determination of the head of (j) When a protest is received after reported as a single letter contract. The award of a contract, the following ac­ procuring activity that cancellation of standardization is not warranted. "When, total obligated dollar value of the basic tions shall be taken : letter contract combined with the obli­ (1) The contracting officer shall im­ for any reason, the head of procuring activity or the Director of Requirements gated dollar value of all amendments mediately notify the cognizant head of shall be included. Letter contracts and procuring activity of the nature of the and Procurement conclude that an ap­ proved standardization should be can­ amendments designated as supplemental protest; agreements to definitive contracts shall <2> Where it reasonably appears that celed, written notification shall be given promptly to the addressee in § 593.150 be considered as a letter contract and the award of the contract may be held shall be reported as such. to be invalid and a delay in receiving (b) (6) of this chapter and to the Assist­ ant Secretary of Defense (Installations (d) The dollar amounts to be reported supplies or services covered by the con­ shall be obligated amounts prior to defin- tract is not prejudicial to the Govern­ and Logistics). Consideration shall be given to cancellation when, after stand­ itization. Definitization-shall be consid­ ment’s interest, the contracting officer ered complete when a definitized con­ shall, subject to such instructions as the ardization, the quantity in the Army sup­ ply system of one or more of the selected tract is signed by Government and head of procuring activity deems appro­ contractor representatives. priate, seek a mutual agreement with the suppliers falls below 15 percent, but can­ cellation is not required unless it reason­ (e) In addition to the quarterly reports contractor to “stop work” on a no cost from Headquarters, U.S. Army Materiel basis; ably appears that in future negotiated procurements such supplier(s) will not Command, information required by the . ^ If the contractor refuses to enter quarterly report shall be submitted by uito such a mutual “stop work” agree­ be able to offer effective competition. Nevertheless, when the quantity of one that Command monthly in duplicate to ment, the head of procuring activity may the addressee in § 591.150(b) (6) of this uirect the contracting officer in writing or more of the selected supplies falls below 15 percent, standardization shall chapter not later than the 25th calendar w> issue a “stop work” order, unless the day of each month. of Procuring activity determines not be continued beyond one procure­ mat receipt of the supplies or services ment except for the most compelling § 593.605—3 Establishment of blanket if ro urgent that a “stop work” order reasons. purchase agreements. would be prejudicial to the Government’s § 593.213—5 Records and reports. (a) Blanket purchase agreements shall interest; not be established— a head °* procuring activity The Director of Requirements and (1) For supplies or services for which th^-rer.s guidance from higher au- Procurement, U.S. Army Materiel Com­ unpriced purchase orders should be used hnvr 18 necessary, the matter of with- mand, is responsible for maintaining and (§ 3.608-3 of this title), e.g., repair serv­ contract performance shall be furnishing records pursuant to § 3.213-5 ices where disassembly of the item to be authority^ *° nex*' kiglie1, leVel ° f of this title. repaired is required to determine the nature and extent of repairs or where on oL- e contracting officer shall take § 593.301 Nature o f determinations and -exact prices of repair services are not the o 10n Pending receipt of advice from findings. known; or appropriate level of higher authority. * * * * * *****

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8558 RULES AND REGULATIONS

§ 593.609—1 General. ( e ) . • * * § 593.750—6 Negotiation summary. ***** (3) Develop the Department of the * * * * * (b) The delivery ticket prepared by Army position in coordination with other (b) The negotiation summary shall be the service station attendant and signed interested Department of the Army pro­ signed and approved by the officials des­ by the identification card holder at the curing activities, with consideration ignated in 8 593.705(h). Copies of the time of delivery constitutes a delivery being given to the limitations, special negotiation summary shall be distributed provisions, and cost-sharing arrange­ order consistent with AR 37-107. See as follows, except that no distribution ASPR 21-204.1 for instructions for re­ ments of the affected contracts (any case in which agreement as to the Department shall be made to the Departments of the porting purchases made by U.S. Govern­ Navy and Air Force when the contractor ment National Credit Cards on DD of the Army position cannot be reached Forms 1057. shall be referred to the SAFEGUARD has no contracts with those Depart­ System manager or to the addressee in ments— § 593.703 Applicability. § 591.150(b) (11) of this chapter, as Headquarters, U.S. Army Materiel Com­ (a) The appropriate Negotiated Over­ appropriate); and mand, Attention: AMCRP-SC______13 head Rates clause is authorized for use * ♦ * * * Each subordinate command, installation, in all cost-reimbursement type contracts, (h) * * * and activity of U.S. Army Materiel except facilities contracts, with contrac­ (1) Distribution: Command having contractual inter­ est ______3 tors listed for overhead negotiation in Headquarters, US. Army Materiel Com­ the Master List of Contractors for Nego­ Each other Department of the Army pro­ mand, Attention: AMCRP-SC______*3 curing activity having contractual in­ tiated Overhead Rates and Advance Each subordinate command, Installation, terest ______3 Agreements for Independent Research and activity of U.S. Army. Materiel Headquarters, cognizant audit office____ 3 and Development Costs. The Master List Command having contractual interest- 3 Headquarters, Defense Supply Agency, is published annually and revisions Each other Department of the Army Attention: DSAH-FCA, Cameron Sta­ thereto are published as required in De­ procuring activity having contractual tion, Alexandria, Va. 22314______25 fense Procurement Circulars (DPC’s). in terest______3 Headquarters, Naval Materiel Command, The responsibility within the Depart­ Headquarters, cognizant audit office____ 3 NAVMAT 0241, Washington, D.C. ment of the Army for the administration Headquarters, Defense Supply Agency, 20360 ______115 Attention: DSAH-FCA, Cameron Sta­ Headquarters, Air Force Systems Com­ and maintenance of the Master List is tion, Alexandria, Va. 22314______25 mand (SCKPF), Andrews Air Force vested in the Commanding General, U.S. Headquarters, Naval Materiel Command, Base, Washington, D.C. 20331______177 Army Materiel Command, who has as­ NAVMAT 0241, Washington, D.C. Armed Services Research Specialists signed such responsibility to his Director 20360 ______90 Committee, c/o addressee in § 591.150 of Requirements and Procurement. Headquarters, Air Force Systems Com­ (b) (11) of this chapter— ------5 mand (SCKPF), Andrews Air Force * * * * * 1 W ith one copy of distribution list. Base, Washington, D.C. 20331______60 (c) * * * (1) Notification of the clearance by 1 W ith one copy of distribution list. the cognizant head of procuring activity * * * * * PART 594— SPECIAL TYPES AND shall be furnished upon issuance to the § 593.750 Negotiation of independent METHODS OF PROCUREMENT addressee in § 591.150(b) (11) of this research and development costs. 4. New Subparts BBB and CCC are chapter, Attention: AMCRP-SC for ap­ ***** added, as follows: propriate action to have the Master List (b) The SAFEGUARD System Man­ revised; and * * * Subpart BBB— General Educational Development ager for the SAFEGUARD System Or­ Contracts ***** ganization and Headquarters, U.S. Army S ta r . § 593.705 Procédure. Materiel Command, for all other Depart­ 594.5401 General Educational Develop­ ment o f the Army procuring activities, ment (GED) Program. (a) When the Department of the 594.5402 Educational service contracts. Army is the sponsor of coordinated are responsible for administration of the program of coordinated negotiation of 594.5403 Procedures. negotiations as described in § 3.706 of 594.5404 Required clauses for contracts this title or when the contractor con­ IR&D costs encompassed in the proce­ for conducting Army edu­ cerned has contracts with more than one dures set forth herein. Information re­ cation center classes. Department of the Army procuring ac­ quired under the procedures herein shall 594.5404- 1 Statement of work. Performance of services. tivity, negotiation cognizance shall be be furnished the SAFEGUARD System 594.5404- 2 Manager or the addressee in § 591.150(b) 594.5404- 3 Contract price. assigned to the procuring activity having 594.5404- 4 Subcontracting. the preponderance of contract interest. (11) of this chapter, Attention: AMCRP- SC, as appropriate. 594.5404- 5 Termination. The conduct of negotiations may be as­ 594.5404- 6 Inspection and acceptance. signed by the designated head of pro­ § 593.750-1 Negotiation cognizance. 594.5404- 7 Inapplicability of employee benefits. curing activity to a field command or * * * * * purchasing office of that activity, except 594.5404- 8 Changes. (b) When no procuring activity has 594.5404- 9 Definitions. where such reassignment is restricted by Assignment of claims. specific instructions from the SAFE­ been assigned negotiation cognizance 594.5404- 10 under § 593.705 and when it is desired 594.5404- 11 Disputes. GUARD System Manager for the SAFE­ Renegotiation. to undertake IR&D negotiations with a 594.5404- 12 GUARD System Organization or from 594.5404- 13 Communist areas. the Director of Requirements and Pro­ contractor who is doing business with 594.5404- 14 Equal opportunity. curement, Headquarters, U.S. Army more than one military department, ne­ 594.5404- 15 Officials not to benefit. Covenant against contingent Materiel Command, for all other De­ gotiation cognizance shall be assigned 594.5404- 16 by Headquarters, U.S. Army Materiel partment of the Army procuring Examination of records. activities. Command, in accordance with the cri­ 594.5404- 17 teria and procedures in § 593.705. When 594.5404- 18 Gratuities. (b) Upon notifications by the Depart­ Government-furnished P P the contractor is doing business only with 594.5404- 19 ments of the Navy or Air Force that the Department of the Army, negotiation coordinated overhead rate negotiations 594.5405 red clauses for contracts cognizance shall be exercised by the pro­ counseling students an« have been scheduled with a contractor, linistering USAFI tests the Director of Requirements and Pro­ curing activity having the preponderant ty education centers, curement, Headquarters U.S. Army dollar interest after coordination with 594.5405- 1 nent of work, Materiel Command, or the SAFEGUARD other purchasing offices concerned. Noti­ 594.5405- 2 mance of services. System Manager, as appropriate, shall fication of the assumption of such cog­ 594.5405- 3 designate a procuring activity to repre­ 594.5405- 4 nizance shall be given promptly to the sent the Department of the Army in the 594.5405- 5 K H /JLvr*** negotiations. addressee in § 591.150(b) (11) of this 594.5405- 6 ated damages, 594.5405- 7 tion and acceptance* • * • * * chapter, Attention: AMCRP-SC.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8559

Sec. (b) Contracts shall not be entered tion in the subject (s) of [here insert the 594.5405- 8 Inapplicability of employe« into with a member of the Armed Forces USAFI Catalog or other course title (s) and benefits. serving on active duty. description, omitting from the description 594.5405- 9 Changes. (c) Contracts may be entered into any reference to correspondence course. Iden­ 594.5405- 10 Definitions. tify the text(s) and any films or other teach­ 594.5405- 11 Assignment of claims. with Government employees only under ing aids, or other facilities to be furnished 594.5405- 12 Disputes. the circumstances described in § 1.302-6 by the Government and state that the Gov­ 594.5405- 13 Renegotiation. of this title and only if approval has ernment will furnish same]. 594.5405- 14 Communist areas. been obtained in accordance therewith. (b) The Contractor shall be responsible for 594.5405- 15 Equal opportunity. (d) Those clauses in §§ 594.5404, the preparation of lesson plans, class assign­ 594.5405- 16 Officials not to benefit. 594.5405, and 594.5406, except for ASPR- ments, and instructional aids which in his 594.5405- 17 Covenant against contingent prescribed clauses, may be changed when judgment will promote understanding of an fees. necessary to conform the contract to the enhanced effective presentation of the course 594.5405- 18 Examination of records. materials. The Contractor shall impart to any 594.5405- 19 Gratuities. details of the particular procurement. student willing and able to learn the course 594.5405- 20 Government-furnished prop­ No changes shall be made to such content sufficient knowledge and under­ erty. clauses, however, to alter the nonper­ standing thereof to enable such student to 594.5406 Required clauses for contracts sonal services nature of the contract and complete satisfactorily the USAFI-prescribed for monitoring and instruct­ no provision shall be included in the end-of-course test or other test designated ing in language laboratories. contract which subject the contractor to by the Contracting Officer. 594.5406- 1 Statement of work. the direction, control, or direct super­ (c) The Contractor shall also perform for 594.5406- 2 Performance of services. the Government ancillary services incident to 594.5406- 3 Contract price. vision of the Government. the course (s ) , including, but not limited to— 594.5406- 4 Subcontracting. (e) The contract price shall be based (i) Keeping class records and making re­ 594.5406- 5 Termination. upon the requirements of the contract, ports to the Contracting Officer of attendance, 594.5406- 6 Inspection and acceptance. e.g., work to be performed, results to be absences, and student progress; 594.5406- 7 Inapplicability of employee accomplished, and special qualifications (ii) Giving and grading periodic tests benefits. needed by the contractor for satisfactory designed by the Contractor to measure stu­ 594.5406- 8 Changes. performance. The contract price shall dent progress and to enhance the learning 594.5406- 9 Definitions. process; 594.5406- 10 Assignment of claims. not be determined on a per hour, per day, (iii) Receiving, caring, and accounting for, 594.5406- 11 Disputes. or other time basis nor shall payment and returning any Government property 594.5406- 12 Renegotiation. be made on such basis. temporarily made available to the Contractor 594.5406- 13 Communist areas. (f) The Government furnishes to the (e.g., projectors, films, training aid, school 594.5406- 14 Equal opportunity. students necessary textbooks, classroom supplies). The Contractor shall familiarize 594.5406- 15 Officials not to benefit. materials, and classroom space. The Gov­ himself with the proper care and use of any 594.5406- 16 Covenant against contingent ernment furnishes to the contractor cer­ such Government property, and shall, within fees. tain instructor materials and provides a the services to be delivered hereunder, op­ 594.5406- 17 Examination of records. erate or make arrangements to operate with­ 594.5406- 18 Gratuities. centralized end-of-course testing system. out cost to the Government over and above 594.5406- 19 Government-furnished prop­ The items furnished the contractor shall the contract price, any necessary training aid erty. be described in the schedule of the con­ devices. 594.5407 Basic agreements for off-duty tract. (d) If requested in writing by the Con­ academic instruction. (g) Contract payments are not sub­ tracting Officer, the Contractor shall, at the end of the course (s ) , deliver to the Contract­ Subpart CCC— Training of Military Personnel and ject to Federal income tax withholding (26 U.S.C. 3401-3404) nor to the Fed­ ing Officer a written critique which shall ROTC Scholarship Cadets at Civilian Institutions include recommendations for improvement eral Insurance Contributions Act (26 594.5501 Purpose. of the course(s) and comments concerning 594.5502 Educational service agreements. U.S.C. 3101-3126). Contractors are not students who have failed to complete the 594.5503 Order forms under educational entitled to unemployment compensation course(s) satisfactorily as well as those who service agreements. benefits under title X V of the Social have made outstanding progress. 594.5504 Payments to civilian educa­ Security Act, as amended. (e) The Contractor shall familiarize him­ tional institutions. self with the rules, regulations, and stand­ 594.5505 Contracts with commercial and § 594.5403 Procedures. ards of conduct of the military installation industrial firms. (a) Directors of General Educational to the extent that they pertain to independ­ 594.5506 Gratuitous agreements. ent contractors performing services on the Development or Education Advisors shall military installation and shall adhere to such Subpart BBB— General Educational request the appropriate purchasing office rules, regulations, and standards of conduct. Development Contracts to establish general educational develop­ (f) To the extent that' the Contractor ment contracts. brings to the military installation any per­ § 594.5401 General Educational Devel­ (b) Contracting officers shall use sonal property of a type owned and ac­ opment (G E D ) Program. Standard Forms 26 or 33 for general counted for by the Government at the mili­ tary installation (e.g., reference books, tools, (a) AR 621-5 sets forth the Army Gen­ educational development contracts. DD Forms 1155 may not be used. Standard learning devices, typewriters, exhibits, and eral Educational Development (GED) the like), he shall register the same with the *Jogram and prescribes policies and Forms 36 shall be used for continuation Contracting Officer and shall remove them responsibilities for it administration. sheets. from the military Installation when re­ ^ This subpart prescribes policies (c) Contracting officers shall designate quested to do so by the Contracting Officer. ana procedures for establishing contracts for each contract the Director of General (g) The Contractor shall adhere to stand­ m suPPort of the GED Program. Educational Development or the Educa­ ards of performance which are generally ac­ tion Advisor as his authorized represent­ ceptable to the teaching profession. For § 594.5402 Educational service con- ative to administer the contract. Desig­ example, the Contractor shall draw upon tracts. nation shall be in accordance with his background and ingenuity to make the § 591.406-50 of this chapter. Both the course(s) interesting; prepare himself for fn^L Contracts using appropriated each class session; in each class session cover fmfn may. ^ erttered into for obtaining contracting officer and his representative the lesson assigned for that session; en­ rwn qualified instructors nonpersonal shall scrupulously observe the independ­ courage the gifted students and counsel, services for-—. ent status of the contractor. advise, and assist the slower students; promptly detect shortcomings in the recita­ J » Conducting Army Education Cen­ § 594.5404 Required clauses for con­ tion or test of any student and correct same; ter classes (see § 594.5404), tracts for conducting Army education and promptly reward a correct recitation or <2) Counseling and testing individuals center classes. test of any student by verification to the nJ T P s of individuals who desire to § 594.5404—1 Statement o f work. student of Its correctness. The Contractor may use such auxiliary material as will en­ s L 1Cipate k* the GED Program (see Insert the following clause: hance the effectiveness of comprehension 5 594.5405), and by the students, without, however, requiring Statement of W ork (N ovember 1969) students to use materials other than those lanfi Monitoring and instructing in (a) The Contractor shall deliver to thefurnished by the Government. The manner wieuage laboratories (see § 594.5406). Government a complete course of instruc­ of presentation and the individual class

No. 107------s FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8560 RULES AND REGULATIONS session format shall be within the sole dis­ § 594.5404—4 Subcontracting. (d ) Termination under this clause shall be cretion of the Contractor as long as it accomplished by written notice mailed or conforms to acceptable teaching standards Insert the following clause: otherwise furnished the other party. Such notice shall state the effective date of the and practices and results in maximum com­ Subcontracting (N ovember 1969) prehension of the students. When the termination and the basis 1;herefor. (a) The Contractor shall not subcontract Contractor considers it necessary or desir­ the performance of any part of the work § 594.5404—6 Inspection and accept­ able, he may, after coordination with the calling for instruction at a scheduled class­ ance. Contracting Officer for availability of the room session without the prior approval of facilities, hold makeup examinations or Insert the following clause: sessions agreeable to the student(s) con­ the Contracting Officer. (b) With the approval of the Contracting I nspection and Acceptance (N ovember 1969) cerned. Such makeup periods shall be out­ side the class schedule and within the Officer, and in circumstances beyond the (a ) The Contracting Officer or his repre­ reasonable control of the Contractor, the contract price. sentative may conduct such reasonable in­ Contractor may provide a qualified substitute (h ) [Here indicate that the contractor will spection of the Contractor’s performance to conduct one or more classroom sessions. hereunder as shall be necessary to satisfy the or will not be required to administer the In such cases the substitute shall have no USAFI end-of-course tests. If the contractor Contracting Officer that the Contractor is claim whatever against the Government for adhering tb the terms of the contract and is is to administer such test, this clause should services rendered and the price to be paid provide that the tests will be furnished by making satisfactory progress to achieve the such substitute shall be a matter entirely objectives set forth herein. the Government and will be administered between the Contractor and the substitute. according to the instructions contained (b ) Should the Contractor conduct a given (c) In the event the Contractor fails to therein and to procedures outlined in AR class session after inadequate preparation provide a satisfactory substitute to conduct 621—5 and in official USAFI publications]. or in a manner which is clearly not according any classroom session which the Contractor to required standards or otherwise deliver an § 594.5404—2 Performance o f services. does not conduct, the Contractor hereby inadequate performance, there is no way in authorizes the Contracting Officer to procure which the deficiency can be corrected in kind. Insert the following clause: the services of a satisfactory substitute for Accordingly, if the Contractor delivers any the account of the Contractor. The amount Performance of Services (N ovember 1969) part of the services hereunder which are paid or owed the substitute by the Govern­ clearly inadequate to fulfill contract require­ (a ) The nonpersonal services herein called ment for such services shall be deducted ments, the Contracting Officer may accept for shall be performed at [insert name of from any amount due or to become due the such delivery at a reduction in price which is installation]. Performance shall be in accord­ Contractor under this contract. This provi­ equitable under the circumstances, provided ance with the class schedule showing the sion imposes no obligation upon the Con­ the Contractor is furnished in writing a building number, room, dates, and hours of tracting Officer to exercise the foregoing statement of the inadequacies setting forth each session, and maximum class size which authority and shall not be construed to the price reduction to be made. is hereto attached as Attachment A and diminish the rights of the Government under made a part hereof. The parties agree to the clause entitled “Termination.” § 594.5404—7 Inapplicability of em­ adhere to said schedule as nearly as possible, ployee benefits. taking into account the nature and objec­ § 594.5404—5 Termination. tives of the General Educational Develop­ Insert the following clause: Insert the following clause: ment Program and the military environ­ Ter m inatio n (N ovember 1969). I napplicability of Employee Benefits ment. In recognition of these factors, the (N ovember 1969) parties understand that within the terms of (a) The Contracting Officer may terminate this contract the schedule may be changed for cause the right of the Contractor to (a) This contract does not create an (i) by mutual agreement, in which case the continue performance of work. In the event employer-employee relationship. Accordingly, Change shall be entered in the schedule in of such termination, the Contractor shall entitlements and benefits applicable to such writing and initialed and dated by the not be entitled to any payments hereunder relationship do not apply. parties; and (ii) by the Contracting Officer other than for work acceptably completed (b ) Payments under this contract are not or his representative upon giving reasonable less any applicable deductions or adjust­ subject to Federal income tax withholding. notice to the Contractor if such change is ments including the adjustment provided (c) Payments under this contract are not necessitated by factors beyond the control for in the clause entitled “Inspection and subject to the Federal Insurance Contribu­ of the Contracting Officer (e.g., to avoid con­ Acceptance.” Any of the following may, in tions Act. flict with a military schedule having priority the discretion of the Contracting Officer, (d ) The Contractor is not entitled to un­ over the group study class). A change uni­ constitute grounds for termination clause— employment compensation benefits under laterally directed by the Contracting Officer (i) Failure of the Contractor to comply the Social Security Act, as amended, by may be made orally, but shall be promptly with the terms of the contract; virtue of performance under this contract. confirmed in writing to the Contractor with (ii) Frequent requests by the Contractor (e) The entire consideration and benefit a copy to be attached to this contract. for approval of a substitute to conduct a to the Contractor for performance of^ this Changes made pursuant to this clause shall classroom session which the Contractor fails contract is contained in the clause entit e not entitle the Contractor to any adjustment to conduct; or “Contract Price.” in contract price and shall not be considered (iii) Failure of the Contractor to provide to fall within the clause entitled “Changes” a satisfactory substitute to conduct a class­ § 594.5404-8 Changes. as long as the total number of classroom room session, which the Contractor fails to Insert the following clause: sessions is not increased or decreased. conduct. (b ) Performance of ancillary services shall (b ) The Contracting Officer may termi­ Changes (N ovember 1969) be according to the routine procedures es­ nate this contract in whole or in part when The Contracting Officer may at any time, by tablished by the Contracting Officer for he determines such action to be in the best a written order, make changes within USAFI group study classes, with which interest of the Government. In such event general scope of this contract. If any s the Contractor hereby acknowledges his an equitable adjustment shall be made in change causes an increase or decrease in familiarity. the contract price and any balance due cost or the time required for performance, (c) Delivery of the critique, if called for shall be paid to the Contractor. both, an equitable adjustment shall be by the Contracting Officer, shall be within (c) In the event the Contractor is unwill­ in the contract price or time of perform > 10 calendar days after receipt of the written ing to complete this contract for bona fide or both, and the contract shall be modifi request therefor from the Contracting reasons personal to the Contractor, and no in writing accordingly. Any claim oy Officer. grounds exist for termination for cause, the Contractor for adjustment under this claus contract price shall be adjusted to an amount (d) Delivery of complete performance of must be asserted within 30 calenda this contract shall be made on or before not to exceed that arrived at by the following from date of receipt by the Contractor [insert date]. formula— the notification of change. However, Total contract price less 10 percent of such Contracting Officer decides that th . § 594.5404—3 Contract price. price divided by the number of classroom justify such action, he may r®ceive tlme sessions scheduled times the number of class­ upon any such claim asserted at a y Insert the following clause: room sessions acceptably completed by the prior to final payment under this contr_ Contract Price (N ovember 1969) Contractor. Failure to agree upon any adjustment Upon presentation of a proper invoice or be a dispute concerning a question oi As consideration for the satisfactory per­ within the meaning of the clause of this formance of this contract, the Government voucher, the Contractor shall be paid such contract entitled “Disputes.” Howe ’ ctor shall pay the Contractor the total sum of adjusted price less any amount due and ing in this clause shall excuse the Co $------owing the Government.

FED ERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8561 from proceeding with the contract as duty hours to permit efficient use of the fa­ Counseling shall be responsive to the needs changed: Provided, however, That the rights cilities by stûdents.* of the students. of the Government under this clause In no (hi) Students enrolled in correspondence (f) The end result of the services to be way diminish the rights of the Contractor courses described ln DA Pamphlet 360-1, a performed under this contract are the timely under the clause entitled “Termination.” copy of which has been furnished the Con­ delivery of reliable test results and the crea­ tractor, and students seeking to prepare for tion and maintenance of an environment, § 594.5404—9 Definitions. military occupational proficiency tests may within the limitations of the facilities pro­ use these facilities for studying during their vided by the Government, conducive to rapid Insert clause in § 7.103-1 of this title. off-duty hours. and effective learning by students who need (iv) Students may need guidance and helpor desire assistance in achieving their educa­ § 594.5404—10 Assignment o f claims. in the studies in which they are engaged or, tional objectives. The Contractor shall be re­ sponsible for making any additional advance Insert clause in § 7.503-3 of this title. if not so engaged, may seek information concerning the programs and how they can preparation necessary to ensure maximum § 594.5404—11 Disputes. fit into some part thereof. effectiveness of counsel and guidance sought (b) The Contractor shall be solely respon­ and maximum reliability of test results, in­ Insert clause in § 7.103-12 of this title sible for correctly administering tests, for ad­ cluding reasonable advance preparation re­ or § 597.103-12 of this chapter, as hering to procedural standards specified for quired to permit counseling or testing in a appropriate. each test, for taking all prescribed measures, field in which such preparation is necessary and for augmenting such measures as may be to meet the individual needs of students. § 594.5404—12 Renegotiation. necessary to preserve the integrity of each Within the means available, the Contractor Insert clause In § 7.103-13 of this title test administered and the testing system of shall establish routines and systems for the in accordance with instructions therein. which it is a part. operation of the facilities provided. (c) The Contractor shall also be respon­ (g) If requested in writing by the Con­ § 594.5404—13 Communist areas. sible for: tracting Officer, the Contractor shall, from (i) Arranging in advance for the testing time to time, but not more often than once In accordance with § 6.403 of this title room (s) and facilities to correspond with the a month, deliver to the Contracting Officer insert clause in § 7.103-15 of this title. scheduled requirements; a written critique of the counseling and test­ (ii) Arranging in advance for all necessary ing services rendered, which shall Include § 594.5404—14 Equal opportunity. supplies and materials to be made avail­ germane statistics on the number of students Except as provided in § 12.805 of this able by the Contracting Officer or his using the facilities, pertinent comments on title, insert the appropriate clause in representative ; the services rendered, and recommendations § 7.103-18 of this title. (iii) Making and preserving such adminis­ for increasing the effectiveness of the facil­ trative records pertaining to the tests as are ities and services. • § 594.5404—15 Officials not to benefit. reasonably necessary, including the grading (h) The Contractor shall, in the perform­ of certain tests according to Government- ance of this contract, familiarize himself Insert clause in § 7.103-19 of this title. provided standards and recording and re­ with the rules, regulations, and standards of § 594.5404—16 Covenant against contin­ porting the results thereof; conduct of the military Installation to the gent fees. (iv) Preserving order and decorum among extent that they pertain to Independent con­ the personnel being tested; tractors performing services on the instal­ Insert clause in § 7.103-20 of this title. (v) Insuring that tests are administered lation and shall adhere to such rules, regula­ efficiently and fairly to all participants; tions, and standards of conduct. § 594.5404—17 Examination o f records. (vi) Adhering to test schedules; and (i) To the extent that the Contractor Insert clause in § 7.104-15 of this title (vii) Completing all required Gratifica­ brings to the military installation any per­ in accordance with instructions therein. tions, forms, and records necessary to deliver sonal property of a type owned and accounted the complete, reliably adm inistered test for by the Government at the Installation § 594.5404—18 Gratuities. package to the Contracting Officer or his (e.g., reference books, tools, learning devices, typewriters, exhibits, and the like), he shall Insert clause in § 7.104-16 of this title. representatives. (d) The Contractor shall familiarize him­ register the same with the Contracting Of­ § 594.5404—19 Government-f ur n is h e d self with general testing requirements in ficer and shall remove same from the instal­ property. effect at the military installation and with lation when requested to do so by the Contracting Officer. Insert clause in § 13.710 of this title. the specific requirements of each test to be administered in order to-be able to furnish, (J) The Contractor shall also perform such ancillary services incident to counseling and § 594.5405 Required clauses for con­ as and when required by the participants, testing as are reasonably necessary, including tracts for counseling students and legitimate and permissible information nec­ essary to ensure understanding and compre­ but not limited to: administering U SA FI tests in Army (i) Keeping records of use made of the education centers. hension by the participant without in any way misleading the participant or others or facilities; § 594.5405—1 Statement o f work. compromising the test results. (ii) Receiving, caring, and accounting for Government property temporarily placed in (e) The facilities referred to in (a) above Insert the following clause: his custody, e.g., books, tests, reference ma­ shall be made available to the Contractor terials, training aids, school supplies; Statement op W ork (N ovember 1969) during the counseling and testing periods (iii) Making prompt reports to the Con­ specified in Attachment A. During such (a) The circumstances under which the tracting Officer or his representative of re­ periods, the Contractor shall be responsible services called for by this contract shall be quests for types of assistance not falling for individual or group counseling and test­ performed are: within the terms of the contract or of situa­ ing of students who come there to study, to tions arising which call for action in areas (I) The Government shall provide facili- seek information, or to take tests. The Con­ of the General Educational Development as described in Attachment A hereto, tractor shall so monitor and conduct the Program or the Military Occupational Pro­ mprised of study areas, books, tests, and activities of the students present and their ficiency Program which are outside the scope her materials to be used in connection with use of Government facilities as to afford an of this contract. e courses of study and tests at [insert atmosphere conducive to effective learning. name of installation] .* (k) The Contractor shall familiarize him­ The Contractor shall exclude unauthorized self with the proper care and methods of (II) Counseling and testing periods nor- persons from- the test area, shall maintain nf. ly shall be scheduled to begin in the ccontinuous visual supervision of test partici­ safeguarding and use of Government prop­ m1l,™00n or after normal duty hours of pants who have test materials in their pos­ erty of the kinds placed in his custody and rpfo arJ Personnel (sometimes collectively session, shall collect test materials from stu­ shall adhere to and cause students to adhere extoTv* * herein as students) and shall dents leaving the test area, and shall be alert to such standards in its care, safeguarding^ and use. a for a reasonable time after normal to individual student needs for guidance and counseling in order to provide maximum § 594.5405—2 Performance o f services. motivation for achievement of educational A will indicate the fadlitie objectives established by each student. Insert the following clause: building, rooms, books, test* Performance of Services (N ovember 1969) avniiovii0118,1 aids’ and equipment) to be mad anrt•h«6’ and ln a c t io n will list the date * Attachment A will Indicate that the unit (a ) The nonpersonal services called for rind 5®? of ea°h counseling and testing pe of measure for the services is the counseling herein shall be performed at [enter name of which the contractor will b and testing period whether it is devoted soley installation]. Performance shall be ln accord­ DerfrvJ!?to co'unsel and/or test students an< to counseling, monitoring, or testing, or a ance with the schedule contained in Attach­ Perform ancilliary services. combination thereof. ment A. Notwithstanding that Attachment

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8562 RULES AND REGULATIONS

A specifies the dates and hours of the coun­ substitute must be approved for handling, permits such degradation, the Contractor seling and testing periods during which the pertinent test materials in accordance with shall forfeit to the Government any amount facilities listed therein shall be operated by current Army regulations. then due and owing him under this contract. the Contractor, the parties understand that, (c) In the event the Contractor fails to without increasing or decreasing the total provide a satisfactory substitute to conduct § 594.5405—7 Inspection and accep­ quantities, the dates and hours for perform­ any counseling or testing period which the tance. Contractor does not conduct, the Contractor ance of services may be changed from time Insert the following clause: to time during the contract period by: hereby authorizes the Contracting Officer to (i) Mutual agreement, in which case the procure the services of a satisfactory substi­ I nspection and Acceptance (N ovember 1969) change will be entered in the schedule in tute for the account of the Contractor. The writing and initialed by the parties, or amount paid or owed the substitute by the (a) The Contracting Officer or his repre­ (ii) The Contracting Officer or his repre­ Government for such services shall be de­ sentative may conduct such reasonable sentative upon giving reasonable notice to ducted from any amount due or to become inspection of the Contractor’s performance the Contractor if such change is necessitated due the Contractor under this contract. This hereunder as shall be necessary to satisfy the by factors beyond the control of the Con­ provision imposes no obligation on the Con­ Contracting Officer that the Contractor is tracting Officer, e.g., to avoid conflict with tracting Officer to exercise the foregoing au­ complying with the terms of the contract and military schedule having priority over the thority and shall not be construed to dimin­ is making satisfactory progress to achieve counseling or testing period. A change uni­ ish the rights of the Government under the the objectives set forth herein. laterally directed by the Contracting Officer clause entitled “Termination.” (b) Should the Contractor conduct a given may be made orally, but shall be promptly counseling or testing period after inadequate confirmed in writing to the Contractor with § 594.5405—5 Termination. preparation or in a manner which is clearly not according to required standards or other­ a copy to be attached to this contract. . Insert the following clause: Changes pursuant to this clause shall not wise delivers an inadequate performance, there is no way in which the deficiency can entitle the Contractor to any adjustment in Te r m in atio n (N ovember 1969) contract price and are not considered to fall be corrected in kind. Accordingly, if the Con­ within the cause entitled “Changes.” (a) The Contracting Officer may terminate tractor delivers any part of the services here­ ■ (b) Delivery of completed tests shall be as for cause the right of the Contractor to under which are clearly inadequate to fulfill soon as possible after testing is completed continue performance of work. In the event contract requirements, the Contracting Offi­ and in no instance later than the first mili­ of such termination the Contractor shall not cer may accept such delivery at a reduction tary duty day after testing is completed. The be entitled to any payments hereunder other in price which is equitable under the cir­ completed test package shall include any than for work acceptably completed less cumstances, provided the Contractor is fur­ answer sheets, grading templates, and test any applicable deductions or adjustments, nished in writing a statement of the materials and supplies pertaining to the test. including the adjustment provided for in inadequacies, setting forth the price reduc­ Delivery shall be made to the Contracting the clause entitled “Inspection and Accept­ tion to be made. Officer or his representative; except that, if a ance.” Any of the following may, in the “controlled item” is involved, the completed discretion of the Contracting Officer, Con­ § 594.5405—8 Inapplicability of em­ test shall be delivered to the designated Test stitute grounds for termination for cause: ployee benefits. Control Officer if such officer is not the same (i) Failure of the Contractor to comply Insert the clause in § 594.5404-7. person as the Contracting Officer’s represent­ with the terms of the contract; ative. (ii) Frequent requests by the Contractor § 594.5405-9 Changes. (c) Delivery of ancillary services shall gen­ for approval of a substitute to conduct erally be simultaneous with performance of counseling and testing periods; or Insert the clause in § 594.5404-8. the service to which the ancillary service per­ (iii) Failure of the Contractor to provide § 594.5405—10 Definitions. tains. When the Contractor receives requests a satisfactory substitute to conduct a for information or assistance related to the counseling or testing period which the Con­ Insert clause in § 7.103-1 of this title. General Educational Development or Military tractor fails to conduct. §594.5405—11 Assignment of claims. Occupational Proficiency Programs outside (b ) The Contracting Officer may terminate the Scope of this contract, the Contractor this contract in whole or in part when he Insert clause in § 7.503-3 of this title. shall report the information at once to the determines such action to be in the best § 594.5405—12 Disputes. Contracting Officer’s representative, if during interest of the Government. In such event duty hours, but in no event later than the an equitable adjustment shall be made in Insert clause in § 7.103-12 of this title next workday. the contract price and any balance shall be or § 597.103-12 of this chapter» as appro­ (d) The critique, if requested by the Con­ paid to the Contractor. tracting Officer, shall cover the period speci­ priate. (c) In the event the Contractor is unwill­ fied in the request and shall be delivered § 594.5405—13 Renegotiation. within 10 calendar days after receipt of the ing to complete performance of this con­ written request therefor. tract for bona fide reasons personal to the Insert clause in § 7.103-13 of this title Contractor, and no grounds exist for termi­ (e) Delivery of complete performance of in accordance with instructions therein. this contract shall be made on or before [en­ nation for cause, the contract price shall be adjusted to an amount not to exceed that ter date]. § 594.5405—14 Communist areas. arrived at by the following formula: In accordance with § 6.403 of this § 594.5405—3 Contract price. Total contract price less 10 percent of such price divided by the number of couhseling title, insert clause in § 7.103-15 of this Insert the following clause: and testing periods scheduled times the title. Contract Price (N ovember 1969) number of counseling and testing periods § 594.5405-15 Equal opportunity. acceptable completed by the Contractor. As consideration for the satisfactory per­ Except as provided in § 12.805 of this formance of this contract, the Government Upon presentation of a proper invoice or title, insert the appropriate clause in shall pay the Contractor the total sum of voucher, the Contractor shall be paid such $------adjusted price less any amount due and § 7.103-18 of this title. § 594.5405—4 Subcontracting. owing the Government. § 594.5405-16 Officials not to benefit. (d) Termination under this clause shall Insert the following clause: be accomplished by written notice mailed or . Insert clause in § 7.103-19 of this title. Subcontracting (N ovember 1969) otherwise furnished the other party. Such § 594.5405-17 Covenant against contin­ notice shall state the effective date of the (a) The Contractor shall not subcontract gent fees. the performance of any part of the work un­ termination and the basis therefor. der this contract without the prior approv­ Insert clause in § 7.103-20 of this title. § 594.5405—6 Liquidated damages. al of the Contracting Officer. § 594.5405-18 Examination of records. (b) With the approval of the Contracting Insert the following clause: Officer and in circumstances beyond the Insert clause in § 7.104-15 of this title reasonable control of the Contractor, the L iquidated D amages (N ovember 1969) in accordance with instructions the Contractor may provide a qualified substi­ tute to conduct one or more counseling or Because, actual damages will, be difficult or § 594.5405-19 Gratuities. testing periods. However, in such case the impossible to measure in the event the Con­ Insert clause in § 7.104-16 of this title. substitute shall have no claim whatever tractor deliberately degrades, or negligently against the Government for services rendered permits degradation of the integrity of any § 594.5405-20 Government - furnished and the price to be paid such substitute shall test or test results hereunder, if the Con­ property. be a matter entirely between the Contractor tractor does deliberately degrade the integ­ and the substitute. If testing is involved, the rity of a test or test results or negligently Insert clause in § 13.710 of this title.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8563

§ 594.5406 Required clauses for con­ e.g., to avoid conflict with a military sched­ of the Contracting Officer, constitute grounds tracts for monitoring and instructing ule having priority over student use of the for termination for cause: in language laboratories. language laboratory facilities. A change uni­ (i) Failure of the Contractor to comply laterally directed by the Contracting Officer with the terms of the contract. § 594.5406—1 Statement o f work. may be made orally, but shall in any event (ii) Frequent requests by the Contractor Insert the following clause: be promptly confirmed in writing to the Con­ for approval of a substitute to conduct lan­ tractor with a copy to be attached to this guage laboratory periods. Statement of W ork (N ovember 1969) contract. Changes pursuant to this clause (iii) Failure of the Contractor to provide a satisfactory substitute to conduct a lan­ (a) The contractor shall monitor the shall not entitle the Contractor to any ad­ guage laboratory period which the Contrac­ language laboratory and provide necessary justment in contract price and are not con­ tor fails to conduct. instructional and other services during each sidered to fall within the clause entitled (b ) The Contracting Officer may terminate of the laboratory periods hereinafter pre­ “Changes” so long as the total number of scribed for any of the languages specified in language laboratory periods is not increased for the convenience of the Government the right of the Contractor to continue perform­ Attachment A hereto. These services shall or decreased. ance of work, in which case an equitable include the following generally described (b) The Contractor shall deliver the “Lan­ reduction shall be made in the contract price duties and responsibilities : guage Laboratory Record” to the Contract­ and any balance due shall be paid to the (i) User level maintenance of language ing Officer upon the occurrehce of any one Contractor. laboratory equipment. of the following: (ii) Responsibility for all language labora­ (i) When the student has completed 20 (c) In the event the Contractor is unwill­ ing to complete this contract for bona fide tory equipment, including tapes, under the hours of laboratory work; control of the Contractor during the pre­ (ii) When the student ends his use of the reasons personal to the Contractor, and no grounds exist for termination for cause, the scribed laboratory periods, and responsibility laboratory; for ensuring that such equipment is used (iii) When the student interrupts his lab­ contract price shall be adjusted to an only in the laboratory for .legitimate study oratory work for over 30 calendar days; amount not to exceed that arrived at by the following formula: purposes. Such equipment and accessories (iv) When this contract is completed or shall not be removed from the laboratory terminated. Total contract price less 10 percent of such except as authorized by the Contracting (c) Delivery of complete performance of price divided by the number of language laboratory periods scheduled times the num­ Officer. this contract* shall be made on or before ber of language laboratory periods accept­ (iii) Supervision of student use of labora­ (enter date). tory equipment and supplies, including the ably completed by the Contractor. removal from and return to proper files or § 594.5406—3 Contract price. Upon presentation of a proper invoice or shelves, before and after use. Insert the following clause: voucher, the Contractor shall be paid such (iv) Instruction of each student in the adjusted price less any amount due and operation of the equipment and furnishing Contract P rice (N ovember 1969) owing the Government. assistance during use of equipment. As consideration for the satisfactory per­ (d) Termination under this clause shall be (v) Monitoring each student for proper formance of this contract, the Contractor accomplished by written notice mailed or pronunciation, inflection, and intonation; shall receive the total sum o f$ ______otherwise furnished the other party. Such aiding the student as required; and correct­ notice shall state the effective date of the ing any deficiencies noted. Particular atten­ § 594.5406—4 Subcontracting. termination and the basis therefor. tion shall be given to beginning students and students learning new sounds in order to Insert the following clause: § 594.5406—6 Inspection and accept­ avoid common errors or the fixation of incor­ Subcontracting (N ovember 1969) ance. rect habits. (vi) Preserving order and decorum in the (a) The Contractor shall not subcontract Insert the following clause: laboratory in order to maintain an atmos­ the performance of any work under this I nspectio n and Acceptance (N ovember 1969) phere conducive to learning. contract without the prior approval of the (vii) Rendering aid and assistance in the Contracting Officer. (a) The Contracting Officer or his repre­ languages in which the Contractor is pro­ (b ) W ith the approvaL of the Contracting sentative may conduct such reasonable in­ ficient when requested by the students; en­ Officer and in circumstances beyond the spections of the Contractor’s performance couraging and stimulating language learners; reasonable control of the Contractor, the hereunder as shall be necessary to satisfy and using the Contractor’s best efforts to see Contractor may provide a qualified substitute the Contracting Officer that the Contractor that each student satisfactorily Completes his to conduct one or more language laboratory is adhering to the terms of the contract and language course. periods. However, in such case the substitute is making satisfactory progress to achieve the objectives set forth herein. (b) The Contractor shall prepare and shall have no claim whatever against the (b) Should the Contractor conduct a maintain the following records and reports: Government for services rendered and the given language laboratory period in a manner (i) A “Language Laboratory Record” card price to be paid the substitute shall be a which is clearly not according to required for each student listing name, rank, service matter entirely between the Contractor and standards or otherwise deliver an inadequate number, military address, and periods at­ the substitute. performance, there is no way in which the tended. The date, language studied, tape (c) In the event the Contractor fails to deficiency can be correetrd in kind. Accord­ number, time, number of student hours, and provide a satisfactory substitute to conduct any language laboratory period which the ingly, if the Contracto! delivers any part eny pertinent notation on the student’s abil- of tht services hereunder which are inade­ ties shall be recorded for each period stu­ Contractor does not conduct, the Contractor dent attends. hereby authorizes the Contracting Officer to quate to fulfill contract requirements, the Contracting Officer may accept such delivery (Ü) [Add others as required]. procure the services of a satisfactory substi­ tute for the account of the Contractor, and at a reduction in price which is equitable under the circumstances, provided the Con­ § 594.5406—2 Performance of services. the amount paid or owed the substitute by the Government for such services shall be tractor is furnished in writing a statement of Insert the following clause: deducted from any amount due or to become the inadequacies setting forth the price reduction to be made. Performance of Services (N ovember 1969) due the Contractor under this contract. This provision imposes no obligation on the Con­ § 594.5406—7 Inapplicability of em­ (a) Performance of the nonpersonal serv- tracting Officer to exercise the foregoing s pursuant to this contract shall be in. authority and shall not be construed to ployee benefits. cordance with Attachment B hereto which diminish the rights of the Government un­ Insert the clause in § 594.5404-7. the Government installation, der the clause entitled “Termination.” , room, date, and hours for each § 594.5406—8 Changes. guage laboratory period. In recognition of § 594.5406—5 Termination. v„f ^ tu re of the General Educational De- Insert the following clause: Insert the clause in § 594.5404-8. m Pment Program, the military environ- anc* requirements affecting the T er m inatio n (N ovember 1969) § 594.5406—9 Definitions. wj.. ,ary student, the Contractor agrees that (a) The Contracting Officer may terminate Insert clause in § 7.103-1 of this title. ulp ln terms of this contract the sched- for cause the right of the Contractor to con­ ^ changed (i) by mutual agree- tinue performance of work. In the event of § 594.5406—10 Assignment o f claims. terprt i m+Wllich 0856 the change shall be en- such termination the Contractor shall not be and h iJ?16 ^hedule in writing and initialed entitled to any payments hereunder other Insert clause in § 7.503-3 of this title. tract^T3r^ Ithe Parties: and (ii) by the Con- than for work acceptably completed less any § 594.5406—11 Disputes. eivino, 8 °mcer or his representative upon applicable deductions or adjustments, in­ if siinl. r®asonat)ie notice to the Contractor cluding the adjustment provided for in the Insert clause in § 7.103-12 of this title Vonrt ..1^nange is necessitated by factors be- clause entitled “Inspection and Acceptance.” or § 597.103-12 of - this chapter, as e control of the Contracting Officer, Any of the following may, in the discretion appropriate.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8564 RULES AND REGULATIONS list of students registered under this order; § 594.5406—12 Renegotiation. (e) In situations where it is not pos­ sible to obtain execution and acceptance the course or courses for which each is regis­ tered; number of credit hours; cost of course Insert clause In § 7.103-13 of this title of DA Forms 589 prior to the time the in accordance with instructions therein. or courses, less books and fees^ and cost educational institution is to furnish in­ charged to the Government. On receipt of § 594.5406—13 Communist areas. struction, DA Form 589 shall be prepared such list, and after verification with the Edu­ In accordance with § 6.403 of this title as follows— cation Advisor and other appropriate sources (1) Change paragraph 2 to read— of information, the Contracting Officer shall insert clause in § 7.103-15 of this title. prepare an amendment as provided for in § 594.5406-14 Equal opportunity. This order consists of two pages and at­ paragraph 1 (f) of the Basic Agreement and tachments as hereinafter provided for and transmit the amendment to the Contractor Except as provided in § 12.805 of this covers an estim ated______students and an for signature. title, insert the appropriate clause in estim ated______credit hours. The Govern­ § 7.103-18 of this title. ment undertakes under this order a maxi­ (f) DA Forms 589, prepared in ac­ mum total obligation of $------cordance with paragraph (e) of this sec­ § 594.5406—15 Officials not to benefit. tion, shall be presented to educational in­ (2) In paragraph 5, reflect the appro­ Insert clause in § 7.103-19 of this title. stitutions for execution several days prior priate fiscal information, including the to registration for the semester or other § 594.5406-16 Covenant against contin­ dollar amount to be obligated under the period of instruction. The contracting gent fees. order. officer’s representative (see § 594.5403 Insert clause in § 7.103-20 of this title. (3) Place the following statement on (b) ) shall be furnished the order number the back of the order form— and the data contained in paragraph 2 § 594.5406—17 Examination o f records. The period of instruction to which this therein (see § 594.5407(e) (1) ). Such rep­ Insert clause in § 7.104-15 of this title, order applies is t h e ______Semester, 19— . resentative shall be made responsible for in accordance with instructions therein. Each student authorized to be enrolled un­ the written approvals, directed both to der this order will be considered to be listed the educational institution and the con­ § 594.5406—18 Gratuities. hereon when the student presents to the tracting officer, authorizing registration Insert clause in § 7.104-16 of this title. Contractor within the time* permitted for registration for the period of instruction of eligible military students. One signed § 594.5406-19 Government - furnished stated above, a written approval signed by copy of the written approvals shall be property. ______i Such written ap­ given to the prospective student for de­ proval shall include the number of this livery to the educational institution at Insert clause in § 13.710 of this title. order, the name and rank of the student, time of registration and a duplicate copy § 594.5407 Basic agreements for off- the name of the. course of instruction, the shall be furnished the contracting officer duty academic instruction. period of instruction (which shall be the for attachment to the DA Form 589. The same as that designated above), the number order number of the DA Form 589 shall (a) Directors of General Educational of credit hours, the cost of the course less books«and fees, and the cost to be paid by be placed on each written approval issued Development or Education Advisors in under the order. When the cumulative the United States may request appropri­ the Government. No student shall be per­ mitted to enroll under this order who does total of the amount to be paid by the ate purchasing offices to negotiate basic Government reaches the maximum agreements with accredited civilian edu­ not present such written approval, nor shall any student be enrolled under this order at amount stated in the order, no further cational institutions selected by the Government expense for other than the written approvals shall be issued under Directors of General Education Develop­ course stated thereon. Upon registration of the order. The contracting officer shall be ment or Education Advisors. a student under this order, the Contractor requested to issue another DA Form 589 (b) Basic agreement shall be for the shall attach hereto the corresponding written within the funds available on the basis approval, which shall become a part hereof. purpose of providing instruction after of the best estimate of remaining require­ normal duty hours in subjects desired by A specimen form'of such written approval, so designated and bearing the signature of ments. Written approvals authorizing military personnel. DA Forms 588 shall registration may then be issued against be used for this purpose (see § 606.550 of the COB named above, is attached hereto and made a part hereof. Within 30 calendar the second order. When a prospective this chapter). days after regularly established period of student who has been issued a written (c) Directors of General Educational student eligibility for refund upon with­ approval is to.be permitted to register on Development or Education Advisors shall drawal, or prior to completion of perform­ a basis different from such original writ­ furnish the appropriate purchasing office ance under this order, whichever is the ten approval, the pnused written ap­ with the names of military personnel shorter period, the date shown in paragraph proval shall be returned to the contract­ who are enrolling in an educational in­ 2 hereof pertaining to the number of stu­ dents, credit hours, and total obligation shall ing officer’s representative for cancella­ stitution with which a basic agreement be adjusted and corrected as follows: tion and the educational institution ana has been established. The following data (i) The contracting institution will pre­ the contracting officer notified of tne shall be furnished the purchasing office sent its voucher, in quintuplicate, cross refer­ action. . . for each military student— enced to this order, listing each student by (g) The written approval authorizing (1) Name of applicable educational name and grade, and showing opposite his registration may be in the form of institution, name the course of instruction and period letter or other written instrument, in­ (2) Course or courses in which the thereof, the number of credit hours, the cost cluding DA Form 2171. The form of sucn of the course less books and fees, and the cost written approval shall be adequate to in­ student is to be enrolled and the period to be paid by the Government. The cost of instruction for each course, shown shall be the amount charged to the sure that proper control is maintained (3) Number of credit hours for each Government after taking into consideration to course, eligibility of student, and od course, reductions due to withdrawals and any other gation of funds. , oll (h) The initial DA Form 589 snau (4) Cost of each course less books and adjustments, each such adjustment to be explained on the voucher. Upon approval of cover the initial instruction perioa fees, and such voucher by the Contracting Officer, a (semester or quarter) and a new h- (5) Portion of the cost of each course copy of which shall be returned to the Con­ Form 589 shall be executed for each sud to be paid by the Government. tractor, the contract shall be considered amended in accordance therewith, without sequent instruction period. flQ (d) The purchasing office shall then (i) The funds cited on DA Form 58 prepare an order form to enter into a preparation of an additional order form as provided in paragraph 1(f) of the Basic shall be those for the fiscal year in wnic contract, DA Form 589, for each educa­ Agreement. the period of instruction begins. tional institution in which one or more (ii) If this order is not amended as pro­ (j) The distribution of DA Form 5 students are to be enrolled and shall send vided for in (i) above, the Contractor shall, shall be the same as that for the b the required number of copies to the ap­ within the time above provided, prepare a agreement which it cites. propriate official of each institution to­ (k) Invoices covering off-duty gether with a request that the DA Form demie instruction shall be processed, 1 Insert name and title of the Education 589 be signed and returned to the pur­ Advisor or other appropriate official who is payment without delay. Fay ment end chasing office as soon as possible and designated as the contracting officer’s repre­ not be withheld until the of tne prior to commencement of instruction. sentative for such purpose for this order. semester or quarter since secti

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8565 of title 31, United States Code, permits (for ROTC scholarship cadets, show so­ § 594.5504 Payments to civilian educa­ payment of tuition charges in advance of cial security account number in lieu of tional institutions. receipt of all services covered thereby ran k); (a) Contracting officers shall process (see AR 37-107). (2) Specify whether the individual is payments to civilian educational institu­ Subpart CCC— Training of Military an Army Medical Department member or tions promptly upon receipt of invoices ROTC scholarship cadet, when appli­ prepared in accordance with educational Personnel and ROTC Scholarship cable; Cadets at Civilian Institutions service agreements. Civilian educational (3) List below the name of each indi­ institutions are authorized to use Stand­ § 594.5501 Purpose. vidual, each course of instruction for ard Forms 1034 as invoices. which the individual is enrolling and its This subpart prescribes policies and (b) Actual costs of instruction billed estimated cost (actual cost if known) ; are authorized for payment even though procedures establishing educational serv­ (4) State the appropriation charge­ ice agreements in support of training of there is a variance between the estimated able for the instruction of each individ­ cost shown on the order form and the military personnel and ROTC scholar­ ual; ship cadets at civilian institutions as au­ actual cost billed by the civilian educa­ (5) Include the statement: “When­ tional institution, provided the cost billed thorized in AR 145-1, AR 350-200, and ever the actual cost of a course will ex­ AR 350-219. was the cost in the civilian educational ceed the estimated cost of the course as institution’s published tuition and fee § 594.5502 Educational service agree­ shown on this order form by $100 or schedule and was in effect at the time ments. more, the Contractor shall notify the services were performed. Contracting Officer in writing of the ac­ (a) The fermât prescribed in § 606.501 (c) No modifications to order forms tual cost of the course and gain his ap­ shall be issued for variances in cost de­ of this chapter shall be used in accord­ proval to proceed prior to commencing ance with instructions therein for all scribed in paragraph (b) of this section. instruction” ; and (d) One copy of all payment vouchers educational service agreements with (6) -Include any other information re­ civilian educational institutions which showing the actual amount paid shall be quired by the pertinent educational furnished the appropriate addressee in contemplate the use of the institution’s service agreement. facilities (see Subpart I, Part 22 of this § 594.5503(h). title). (e) The contracting officer shall im­ mediately notify the appropriate individ­ § 594.5505 Contracts with commercial (b) Pertinent guidance shall be fur­ ual listed in § 594.5502(b) of any in­ and industrial firms. nished appropriate purchasing offices to creased cost in courses of $100 or more establish educational service agreements (a) Contracts with commercial and (see paragraph (c) (5) of this section) industrial firms for the training of mili­ with civilian educational institutions. and obtain clearance for the obligation This guidance shall be furnished by— tary personnel shall conform with ASPR of additional funds to cover thé increased and APP but are not covered by this (1) The Surgeon General for enroll­ cost. ment of Army Medical Department subpart. personnel; N ote : This requirement is not applicable to (b) Questions of policy with respect (2) Professors of Military Science PMS. to training of Army Medical Department (PMS) for enrollment of ROTC scholar­ Clearance may be obtained by telephone personnel in commercial and industrial ship cadets; and when necessary, provided the matter is firms shall be referred to The Surgeon (3) The Chief of Personnel Opera­ promptly confirmed in writing. When General, Attention: MEDPT-TC. Ques­ tions, Department of the Army, for en­ clearance is obtained, the contracting tions of policy with respect to training rollment of other Army personnel. officer shall notify the contractor to other Army personnel in CQmmercial and (c) Only one educational service proceed with instruction. industrial firms shall be referred to the agreement shall be established with any (f) Civilian educational institutions Chief of Personnel Operations, Atten­ one civilian educational institution. shall not be required to acknowledge tion: OPXC, Department of the Army. § 594.5503 Order forms under educa­ receipt of order forms; however, educa­ § 594.5506 Gratuitous agreements. tional service agreements. tional service agreements do require that (a) A gratuitous agreement means an whenever a civilian educational institu­ agreement with a civilian educational (a) DD Forms 1155 or Standard tion wishes to reject the enrollment of an Forms 26 shall be used as order forms institution or with a commercial or in­ individual, the institution shall notify the dustrial firm for training of military under educational service agreements. contracting officer in writing on or before personnel for which no charges are paid Standard Forms 36 shall be used as con­ the fifth day of the term for which by the Government to the institution or tinuation sheets. enrollment is denied. (b) Information necessary for is­ firm for the training given by the insti­ (g) To preclude delays in the initial tution or firm to military personnel. suance of order forms under educational or continued enrollment of individuals, service agreements shall be furnished ap­ issuance of an order form for the next (b) Guidance for the execution of propriate purchasing offices by the indi­ fiscah year is authorized prior to the gratuitous agreements for training of viduals listed in § 594.5502(b). This in- availability of funds, pending Congres­ military personnel in civilian educational lormation shall include— sional appropriation. In such cases the institutions shall be furnished appropri­ (1) Scope of the instruction; “Availability of Funds” clause in §1.318 ate purchasing offices by individuals (2) Estimated cost of training by of this title shall be inserted in the order listed in § 594.5502(b). semester, term, or quarter; and form. When the required funds become (c) Guidance for the execution of . Source of funds, with specific au- available, the contracting officer shall gratuitous agreements with commercial nority to make necessary adjustments modify the order form, using Standard and industrial firms for the training of 7i cost figures (this requirement is not Form 30, to cite the appropriation military personnel shall be furnished applicable to P M S ). chargeable and to delete the “Avail­ heads of training agencies dealing with or<*er form shall be issued for ability of Funds” clause. commercial and industrial firms in ac­ y®ar, semester, term, or quarter and (h) One copy of each order form, and cordance with Department of the Army in&t obligate funds sufficient to cover the modifications thereto, shall be forwarded directives by individuals listed in ,truc^on of those individuals identi- by the contracting officer to— § 594.5502(b). he or(*er form for the period (1) The Surgeon General, Attention: (d) Two copies of gratuitous agree­ (£)?fied (but see § 594.5504 (b) and MEDPT-TC, Washington, D.C. 20314, for ments with civilian educational institu­ Army Medical Department personnel; tions or with commercial and industrial or<*er form may authorize the (2) The appropriate PMS for ROTC nprc~nei1*' ° f any number of military scholarship cadets; and firms shall be furnished the appropriate and shall ° r ^ OTC scholarship cadets (3) The Chief of Personnel Opera­ addressee in § 594.5503 (h ). In addition tions, Attention: OPXC, Department of one copy of gratuitous agreements with ^ Identify each individual author- the Army, Washington, D.C. 20315, for commercial and industrial firms shall be for enrollment by name and rank other Army personnel. furnished the training agency concerned.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8566 RULES AND REGULATIONS

PART 595— INTERDEPARTMENTAL PART 597— CONTRACT CLAUSES § 603.405 Non-Government use of in­ dustrial plant equipment (IPE ). A N D COORDINATED PROCURE­ 7. Section 597.702-25 is revised as MENT follows: Requests for approval for non-Govern- ment use of industrial plant equipment 5. Section 595.1118 is revised, as § 597.702—25 Period o f this contract. exceeding 25 percent shall be forwarded follows: Requests for authorization to provide through the cognizant head of procuring § 595.1118 Procurement agreements. for a period of more than 5 years shall activity to the addressee in § 591.150(b) (6) of this chapter. To the extent that any ipterservice be forwarded through the cognizant head support agreement involves procurement, of procuring activity to the addressee in it may be executed under authority of, § 591.150(b) (6) of this chapter. PART 606— PROCUREMENT FORMS and at the level indicated in, AR 1-35. \ 11. Sections 606.501, 606.501-50, and A copy of all proposed and final procure­ PART 601— TAXES ment agreements with other military 606.550 are revised, as follows: departments shall be furnished the Com­ 8. Section 601.353 is revoked, as § 606.501 Format for educational serv­ manding General, U.S. Army Materiel follows: ices agreements. Command, Attention: AMCRP-SP, § 601.353 Nebraska sales and use tax— Instructions relative to use of educa­ Washington, D.C. 20315. construction contracts. [Revoked] tional service agreements are contained PART 596— FOREIGN PURCHASES PART 602— LABOR in § 594.5502 of this chapter. The format in § 16.501 of this title replaced DA Form 6. Sections 596.103-2 (b) and (d) are 9. Section 602.102-4(f) is revised, as 357, Basic Agreement for Academic revised; § 596.805-2 (c) and (d) are re­ follows: Instruction. voked; § 596.1106-3 (b) is revised, as follows: § 602.102—4 Approval of overtime pre­ § 606.501—50 Order form for use with miums in certain cost-reimbursement educational service agreements. § 596.103—2 Nonavailability in the type contracts. DD Forms 1155 or Standard Forms 26 United States. * * * * * shall be used as order forms in accord­ # * * * * (f) Such others as may be specifically ance with instructions in § 594.5503 of (b) Approvals of officials in § 6.103-2 designated from time to time by the this chapter. (b) (2) and (3) of this title (approval Deputy for Procurement, Office of the for procurement of items listed in § 6.105 § 606.550 Off-duty academic instruction Assistant Secretary of the Army (Instal­ agreements. of this title is required in accordance lations and Logistics). with § 6.103-2 (b) of this title) shall be (a) DA Form 588, Basic Agreement for prepared in the format below and shall Off-Duty Academic Instruction, shall be be signed by the approving authority: PART 603— GOVERNMENT used for off-duty academic instruction agreements in accordance with instruc­ Foreign Source P rocurement PROPERTY D etermination tions in § 594.5407 of. this chapter. 10. Sections 603.301, 603.302(a), (b ) _ DA Form 598, Order Form to The requirement of the Buy American Act 603.307, 603.404, and 603.405 are revised, Enter Into Contract for Off-Duty Aca­ that domestic source end products be ac­ as follows: quired for public use is not applicable to demic Instruction, shall be used for the procurement of the supplies described § 603.301 Providing facilities. ordering services under Basic Agree­ ments in accordance with instructions herein because said procurement is within Requests for a Secretarial determina­ the nonavailability exception stated in the in § 594.5407 of this chapter. Act. In accordance with the Balance of Pay­ tion pursuant to § 13.301(a) (3) of this ments Program, it is determined that the title shall be forwarded through the cog­ requirement cannot be foregone and that nizant head of procuring activity to the PART 608— PROCUREMENT OF CON­ there is no United States substitute. There­ addressee in § 591.150(b) (6) of this STRUCTION AND CONTRACTING fore, authority is granted to the contracting chapter. officer [insert name of installation/activity] FOR ARCHITECT-ENGINEER SERV­ to procure [describe supplies] of foreign § 603.302 Securing approval for facili­ ICES origin at an [estimated] [actual] total cost ties projects. 12. Sections 608.150, 608.508-1, 608.- of $______, including duty and transporta­ (a) Requests for approval of facilities tion costs to destination. 508-3, and 608.509-3 are revised, as projects involving expenditures of $1 follows: (Signature) million or more shall be forwarded through the cognizant head of procuring § 608.150 Requests for Secretarial de­ * * * ♦ * - activity to the addressee in § 591.150(b) terminations and approvals. (d) When approval of the Secretary (6) of this chapter. Requests for determinations and ap­ of the Army is obtained, the contracting * * * * * officer shall use the Secretarial approval provals of the Assistant Secretary of De- in lieu of the Foreign Source Procure­ § 603.307 Providing Government pro­ fense (Installations and Logistics) PUT" ment Determination in paragraph (b) duction and research property when suant to §§ 18.110(c), 18.111, and 18.11 of this section. disposal is limited. of this title, and of the Secretary of tne Army pursuant to § 18.115 of this titi * * * * * Requests for Secretarial approval of shall be forwarded through the cognizant an alternate provision pursuant to § 596.805—2 Procurement limitations. § 13.307(a) (3) of this title shall be for­ head of procuring activity to the ad­ ***** warded through the cognizant head of dressee in § 591.150(b) (6) of this (c) [Revoked] procuring activity to the addressee in chapter. (d) [Revoked] § 591.150(b) (6) of this chapter. § 608.508-1 Nonavailability in * e § 596.1106—3 Awards requiring ap­ § 603.404 Rental rates and policies ap­ United States. proval by higher authority. plicable to the use of Government Letter requests for approval at Depart­ * * * * * production and research property. mental level shall contain the informa­ (b) The Deputy for Procurement, Requests for authority to charge rent tion required by § 596.103-2 (c) or § 5 • Office of the Assistant Secretary of the on other than time available for use 805-2 (a)' of this chapter, as applicabi Army (Installations and Logistics) has basis shall be forwarded through the and shall be forwarded through the cog­ been delegated the authority to deter­ cognizant head of procuring activity to mine whether a proposed procurement nizant head of procuring activity to the addressee in § 591.150(b) (6) of this described in § 6.1106-3 of this title shall addressee in § 591.150(b) (6) of chapter and shall contain justification be made payable in U.S.-owned foreign chapter. currency or in U.S. dollars. therefor.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 RULES AND REGULATIONS 8567

§ 608.508—2 Unreasonable costs or by Départaient of the Army personnel is greater use of radio, the reduction of impracticability. not practicable. In these cases the use interference, and the establishment of Letter requests for approval at Depart­ of CFS by Department of the Army com­ appropriate rules and regulations; par­ mental level shall contain the informa­ ponents shall be limited to a period not ticipates in various intergovernmental, tion required by § 18.509-3 of this title exceeding 12 months after the intro­ national, and international organizations and § 596.805-2 (a) of this chapter, as ap­ duction of new equipment into a major looking toward the standardization of plicable, and shall be forwarded through command. Exceptions to the 12-month equipment and measuring units and the cognizant head of procuring activity limitation may be granted only by the methods as well as the more efficient use to the addressee in § 591.150(b) (6) of Assistant Secretary of the Army (Instal­ of the radio spectrum or the reduction this chapter. lations and Logistics). Requests for ex­ of interference; designs and assembles ceptions shall be forwarded, together apparatus for special tests and studies, § 608.509—3 Evaluation of bids and with full justification therefor, through and performs special tests and studies proposals. the cognizant head of procuring activity concerning propagation, equipment or Proposed awards requiring approval at to the addressee in § 591.150(b) (6) of systems, and evaluates the results of such Departmental level shall be forwarded this chapter. tests or studies with regard to the Com­ through the cognizant head of procuring ***** mission’s problems, often looking toward activity to the addressee in § 591.150(b) [Rev. 3, APP, Apr. 1, 1970] (Secs. 2301-2314, new or modified rules; makes type ap­ (6) of this chapter. 3012, 70A Stat. 127-133, 157; 10 U.S.C. 2301- proval tests on equipment including those 2314,3012) equipments under Parts 15, 18, 73, 81, 83, and 95 of this chapter requiring type PART 612— SERVICE CONTRACTS For the Adjutant General. approval, and makes recommendations arold h a r o n regarding type approval; provides in­ 13. In § 612.102-1 (c) a new subpara­ H S , formation and comments on Çest pro­ graph (4) is added; §§ 612-205(c), 612- Legislative and Precedent Offi­ cedures and test results to assist the 209(a), 612.302-2, and 612.351(a) are re­ cer, Plans Office, TAGO. Technical Division in its evaluation of vised, as follows: [F.R. Doc. 70-6806; Piled, June 2, 1970; 8:48 a.m.] material supporting certifications and § 612.102-1 Policy. applications for type acceptance; con­ ducts special tests of equipments for the * * * * * Technical Division in connection with (c) * * * Title 47— TELECOMMUNICATION the certification and type acceptance pro­ (4) 10 U.S.C. 828—Civilian Court Re­ gram; studies equipment problems of porters for Courts Martial (see AR Chapter I— Federal Communications data procurement and enforcement and 37-106). Commission develops, designs, and constructs equip­ § 612.205 Authorization to enter into PART 0— COMMISSION ment for use in connection with the contracts “ determinations and find­ Commission’s Field Engineering Bureau ings.” ORGANIZATION activities as well as other Commission ***** Laboratory Division activities; standardizes and calibrates (c) Proposed contracts submitted to the equipment and installation for the Field Assistant Secretary of the Army (Instal­ Order. 1. The amendménts to Part 0 Engineering Bureau; and makes tests of lations and Logistics) shall be forwarded of the rules and regulations set forth radio devices for other Government through the cognizant head of procur­ below are editorial in nature, correcting departments. ing activity to the addressee in § 591.- references in § 0.36 to the Technical Di­ [F.R. Doc. 70-6829; Filed, June 2, 1970; 150(b)(6) of this chapter. Those sub­ vision in the Office of Chief Engineer 8:50 a.m.] mitted to the Assistant Secretary of the and cross-references to other rule parts appearing in that section. Army (Research and Development) shall [Docket No. 18762; FCC 70-555] be forwarded through the cognizant head 2. Authority for the amendments is of procuring activity to the Office, Chief ^contained in sections 4(i), 5(d) and PART 83— STATIONS ON SHIPBOARD of Research and Development, Depart­ 303 (r) of the Communications Act of IN MARITIME SERVICES ment of the Army, Washington, D.C. 1934, as amended, 47 U.S.C. 154(i), 20310. 155(d) and 303(r), and §0.261, Part 0 Licensing and Operation of Frequency * * • * * * of the rules and regulations. Because the Modulated Radar amendments are editorial in nature, the § 612.209 Contracts for stenographic In the matter of amendment of Part reporting services. prior notice and effective date provisions of the Administrative Procedure Act, 5 83 of the Commission’s rules to permit (a) Before contracting for steno­ U.S.C. 553, do not apply. licensing and operation of frequency graphic reporting services, a Secretarial In view of the foregoing: It is ordered, modulated radar in the 14.0 to 14.05 determination and findings is required Effective June 12,1970, that Part 0 of the Gc./s. band, RM 1202. (see § 612.205) except for civilian court rules and regulations is amended as set Report and order. 1. A notice of pro­ reporters for, the reporting and tran- forth below. posed rule making and notice of in­ sc™)^8 °f the proceeds and testimony of quiry in the above-captioned matter was certain types of courts-martial when au­ (Secs. 4, 5, 303, 48 Stat., as amended, 1066, released on December 5, 1969, and was 1068, 1082; 47 U.S.C. 154, 155, 3Ô3) thorized under 10 U.S.C. 828 (see AR published in the F ederal R egister on 37-106). Adopted: May 27,1970. December 10, 1969 (34 F.R. 19513). The dates for filing comments and the replies Released: May 28,1970. thereto have passed. § 612.302-2 Personal services. n F ederal C ommunications 2. The Commission proposed revision Requests for authority for the procure­ C o m m is s io n , to the rules to permit licensing and op­ ment of contract field services which ap- [ s e a l ] B e n F. W a p l e , eration of frequency modulated radar in too ke Personal services shall be for- Secretary. the bbnd 14.0 to 14.05 Gc./s. In addition the Commission solicited comments from snn ec*’ together with justification which Part O of Chapter I of Title 47 of the pports the necessity for such procure- concerned parties relative to the impact Code of Federal Regulations is amended of this equipment on navigation systems, nr« ’ .trough the cognizant head of as follows: 8 *nCiU5J.ng hetivity to the addressee in the public desires for a device of this § 591.150(b) (6) of this chapter. Section 0.36 is revised to read as type as a navigational instrument and follows: the estimated market potential. 612.351 Contract field services (CFS), § 0.36 Laboratory Division. 3. Comments were filed by Microwave be(n} .Contract field services (CPS) shall Associates, Inc.; Mr. Roger Merril; Mr. °?^y where necessary for accom- The Laboratory Division studies new Richard Preston and Capt. A. E. Ritchie, whpr^1611!- a military mission and phenomena, proposed new systems, and USNR(Ret.). All of the above have used e satisfactory provision of services new equipment looking toward the the frequency modulated radar and

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107------6 8568 RULES AND REGULATIONS found it to be of great assistance in lo­ megacycles per second to the upper and § 83.134 Transmitter power. cating buoys, landmarks, etc., particu­ lower limits of the authorized frequency * * * * * larly during periods of poor visibility. band where “ T ” is the pulse duration in (g) Ship radar stations using F9 emis­ These tests were conducted under out­ microseconds; for F9 emission, the cen­ sion shall not exceed 200 milliwatts mean standing developmental radio station li­ ter frequency shall not vary more than power (see § 83.7). cense granted for the purpose of testing ±10 Mc./s. from the center of the fre­ and developmental operations aboard quency band 14.0-14.05 Gc./s. 5. Section 83.164(a) (1) (i) is amended any U.S. vessel. 2. Section 83.132(a) (3) is amended asto read as follows: 4. No other comments were filed in follows: § 83.164 Waivers o f operator require­ reply to the notice. ment. 5. The Commission believes that an § 83.132 Authorized classes o f emission. (a)(1) * * * inexpensive, short range navigational (a) * * * aid would contribute to the safety of (i) The radar equipment shall employ (3) Ship radar stations : as its frequency determining element a operation of small craft. Amendment of 2400-9500 Mc./S______P0 the rules as proposed would permit au­ 14.0-14.05 Gc./s______F9 nontunable, pulse type magnetron except that other fixed tuned devices shall be thorization of devices which can satisfy * * * * * these requirements and would, therefore, used in the band 14.0 to 14.05 Gc./s. 3. Section 83.133(a) is amended to be in the public interest. * * * * * read as follows: 6. In view of the foregoing: I t is 6. Section 83.404(a) is amended to ordered, That, pursuant to the authority § 83.133 Authorized bandwidth. read as follows: contained in sections 4(i) and 303 (b), (a) Unless otherwise specified in the (c ), (e), (g ), and (r) of the Communi­ § 83.404 Assignable frequencies above station license, ship stations shall use 2400 Mc./s. cations Act of 1934, as amended, Part bandwidths not exceeding those set forth (a) The following frequency bands, 83 of the Commission’s rules is amended, in this paragraph for the respective when designated in the station license, effective July 15,1970, as set forth below. classes of emission authorized in § 83.132. 7. It is further ordered, That this pro­ are authorized for use by ship radio­ ceeding is terminated. navigation stations (including ship Emission Authorized (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; Class of emission designator bandwidth (kc/s) radar stations): 47U.S.C. 154, 303) 2900-3100 Mc./s. Adopted: May 27,1970. A l ...... 0.16A1 0.3 5460-5650 Mc./s. A2_...... - ' 2.66A2 2.8 ' 9300-9500 Mc./s. A3...... - ...... 6A3 8.0 14.0-14.05 Gc./s. Released: May 28,1970. FI...... 10.3F1 10.5 F3...... * 16F3 * 20.0 ederal ommunications The use of the band 5460 to 5650 Mc./s. F C F3...... * 36F3 *40.0 C o m m is s io n ,1 , F9...... 20000F9 20,000 is limited to shipborne radar. Transmit­ P0...... Variable Variable ters in ship radio-navigation stations [ s e a l ] B e n F. W a p l e , (including developmental stations) Secretary. 1.6-4.0 4.0-23 Mc/s Mc/s which are authorized for operation in the 1. Section 83.131(e) is amended asA 3 A ...... — 2.8A3A 3.5 ‘ 3.0 3000 to 3246 Mc./s. band as of April 16, follows: A 3 H ...... ä ...... 2.8A3H 3.5 ‘ 3.0 A3J...... 2.8A3J 3.5 *3.0 1958, and which operate on frequencies § 83.131 Authorized frequency toler­ A 3 B ...... 5.6A3B 7.0 7.0 between 3100 and 3246 Mc./s. may con­ ance. tinue to be authorized for operation on * * * * * i Narrow-band direct-printing telegraph and data transmission systems. the same vessel provided that any re­ (e) The frequency tolerance author­ * Applicable when maximum authorized frequency newal of the authorization shall be sub­ ized for ship radar stations is prescribed deviation is 5 kc/s. See paragraph (c) of this section. * Applicable when maximum authorized frequency ject to the condition that no protection as follows: For pulse emissions, the fre­ deviation is 15 kc/s. See paragraph (c) of this section. quency at which maximum emission ‘ Transmitters type accepted for operation in the 4-23 shall be given from any interference Mc/s band prior to Dec. 31,1969, for emissions A3A. A3H, caused by Government stations operat­ occurs shall be within the authorized and A3J and an authorized bandwidth of 3.5 kc/s may band and shall not be closer than 1.5/T continue to be operated. ing in the 3100 to 3246 Mc./s. band. * * * • * ***** 1 Commissioners Burch, Chairman, and 4. In § 83.134, a new paragraph (g) is[F.R. Doc. 70-6830; Filed, June 2, 1970; Johnson absent. added to read as follows: 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NQ. 107— WEDNESDAY, JUNE 3, 1970 8569 Proposed Rule Making

Effective 1 year after the operative date of DEPARTMENT OF THE TREASURY this title— DEPARTMENT OF AGRICULTURE * • * • * Internal Revenue Service (B) all handheld electric drills, blower and Agricultural Stabilization and e::haust fans, electric pumps, and such other Conservation Service [ 26 CFR Part 1 ] low horsepower electric face equipment as the Secretary may designate within 2 months [ 7 CFR Part 714 1 INCOME TAX after the operative date of this title which Activities of Fraternal Beneficiary are taken into or used inby the last open MARKETING QUOTAS crosscut of any coal mine shall be Societies permissible * * * Refunds of Penalties Erroneously, Illegally, or Wrongfully Collected Notice is hereby given that the regu­ Notice is given that pursuant to the lations set forth in tentative form below authority vested in the Secretary of the Notice is hereby given that pursuant are proposed to be prescribed by the Interior under sections 3 0 5 (a)(1 )(B ) to the authority contained in the appli­ Commissioner of Internal Revenue, with and 301(d) of the Federal Coal Mine cable provisions of the Agricultural Ad­ the approval of the Secretary of the Health and Safety Act of 1969, that all justment Act of 1938, as amended (7 Treasury or his delegate. Prior to the electric equipment, except low horse­ U.S.C. 1372, 1375), the Department pro­ final adoption of such regulations, con­ power rock dusting equipment, which poses to reissue the regulations prescrib­ sideration will be given to any comments employs an electric current and consumes ing the provisions governing refunds of or suggestions pertaining thereto which not more than 2,250 watts of electricity is marketing quota penalties erroneously, are submitted in writing, preferably in hereby designated as "other lew horse­ illegally, or wrongfully collected. quintuplicate, to the Commissioner of power electric face equipment" within The purpose of this reissuance is to Internal Revenue, Attention: CC:LR:T, the meaning of section 305(a) (1) (B) of make this part applicable to all com­ Washington, D.C. 20224, within the the Act. modities subject to marketing quotas period of 30 days from the date of publi­ Notice is also given that pursuant to under the Act. As currently in effect, cation of this notice in the F ederal the authority vested In the Secretary of this part is applicable only to cotton and R egister. Any written comments or sug­ the Interior under section 101 of the Act, tobacco. gestions not specifically designated as it is proposed to amend § 75.501-2 (a) (2) Prior to the reissuance of the regula­ confidential in accordance with 26 CFR of Part 75, Subchapter O, Chapter I of tions referred to herein, any data, views, 601.601(b) may be inspected by any per­ Title 30, Code of Federal Regulations as or recommendations pertaining thereto son upon written request. Any person published in the F ederal R eg ist e r on which are submitted in writing to the submitting written comments or sugges­ March 28, 1970 (35 F.R. 5237), as set Director, Commodity Programs Division, tions who desires an opportunity to com­ forth below, which incorporates the des­ ment orally at a public hearing on these Agricultural Stabilization and Conserva­ ignation of all “ other low horsepower tion Service, U.S. Department of Agri­ proposed regulations should submit his electric face equipment" required to be request, in writing, to the Commissioner culture, Washington, D.C. 20250, will be permissible on and after March 30, 1971, given consideration provided such sub­ within the 30-day period. In such case, a when taken into or used in by the last Public hearing will be held, and notice missions are postmarked not later than open crosscut of any underground coal 30 days from the date of publication of of the time, place, and date will be pub­ mine. lished in a subsequent issue of the this notice in the F ederal R e g ist e r . It is the policy of the Department of All written submissions made pursuant Feoeral R eg ister . The proposed regula­ the Interior, whenever practicable, to tions are to be issued under the authority to this notice will be made available for afford the public an opportunity to par­ public inspection as such times and contained in section 7805 of the Internal ticipate in the rulemaking process. Ac­ Revenue Code of 1954 (68A Stat. 917; 26 places and in a manner convenient to U.S.C. 7805). cordingly, interested persons may sub­ mit written comments, suggestions, or the public business (7 CFR 1.27(b )). [ seal] R a n d o l p h W . T h r o w e r , objections with respect to this proposed It is proposed that the regulations in Commissioner of Internal Revenue. amendment to Part 75 to the Director, this part be revised to read as follows: Bureau of Mines, Washington, D.C. In order to revise the rules under the Sec. 20240, no later than 30 days after publi­ income Tax Regulations (26 CFR Part 1) 714.35 Basis, purpose, and applicability. cation of this notice in the F ederal under section 501 of the Internal Reve­ 714.36 Definitions. R e g ist e r . 714.37 Instructions and forms. nue Code of 1954, such regulations are W alter J. H ic k e l , 714.38 Who may claim refund. amended as follows: Secretary of the Interior. 714.39 Manner of filing. Section 1.501(c) (8)-1 is amended by 714.40 Time of filing. M a y 28,1970. 714.41 Statement of claim. revoking paragraph (b ). Section 75.501-2 (a) (2) would be 714.42 Designation of trustee. [F.R. Doc. 70-6868; Filed, June 2, 1970; amended to read as follows: 714.43 Recommendation by county com­ 8:52 a.m.] mittee. §75.501—2 Permissible electric face 714.44 Recommendation by State commit­ equipment. tee. (a) * * * 714.45 Approval by Deputy Administrator. departm ent o f t h e in t e r io r (2) All handheld electric drills, blower714.46 Certification for payment. and exhaust fans, electric pumps, and all A uth ority : The provisions of this Part Bureau of Mines other electric driven mine equipment, 714 issued under secs. 372, 375, 52 Stat. 65, as amended, 66, as amended; 7 U.S.C. 1372, [ 30 CFR Part 75 ] except low horsepower rock dusting equipment, that employs an electric cur­ 1375. m a n d a t o r y s a f e t y s t a n d a r d s , rent supplied by either a power conduc­ § 714.35 Basis, purpose, and applicabil­ underground c o a l m in e s tor or battery and consumes not more ity. than 2,250 watts of electricity which is (a) Basis and purpose. The regula­ Permissable Electric Face Equipment taken into or used inby the last open tions set forth in this part are issued Section 305(a) ( l ) of the Federal Coal crosscut shall be permissible. • • * * * • pursuant to the Agricultural Adjustment , J . Health and Safety Act of 1969 [F.R. Doc. 70-6899; Filed, June 1, 1970; Act of 1938, as amended, for the purpose '«'UMic Law 91-173) provides in part: 2:25 p.m.] of prescribing the provisions governing

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8570 PROPOSED RULE MAKING

refunds of marketing quota penalties er­ § 714.38 Who may claim refund. § 714.42 Designation o f trustee. roneously, illegally, or wrongfully col­ Claim for refund may be made by: Where there is more than one claim­ lected with respect to all commodities (a) Any person who was entitled to ant and all the claimants desire to ap­ subject to marketing quotas under the share in the price or consideration re­ point a trustee to receive and disburse Act. ceived by the producer with respect to any payment to be made to them with (b) Applicability. This part shall ap­the marketing of a commodity from respect to the claim, they shall be per­ ply to claims submitted for refunds of which a deduction was made for the mitted to appoint a trustee. The person marketing quota penalties erroneously, penalty and bore the burden of such de­ designated as trustee shall execute the illegally, or wrongfully collected on all duction in whole or in part. declaration of trust. commodities subject to marketing quotas (b) Any person who was entitled to under the Act. It shall not apply to the § 714.43 Recommendation by county share in the commodity or the proceeds committee. refund of penalties which are deposited thereof, paid the penalty thereon in in a special deposit account pursuant whole or in part and has not been Immediately upon receipt of a claim, to sections 314(b), 346(b), 356(b), or reimbursed therefor. the date of receipt shall be recorded on 359 of the Agricultural Adjustment Act the face thereof. The county committee (c) Any person who was entitled to of 1938, as amended, or paragraph (3) shall determine, on the basis of all avail­ share in the commodity or the proceeds of Public Law 74, 77th Congress, avail­ able information, if the data and rep­ thereof and bore the burden of the able for the refund of penalties initially resentations on the claim are correct. penalty because he has reimbursed the collected which are subsequently adjust­ The county committee shall recommend ed downward by action of the county person who paid such penalty. approval or disapproval of the claim, and committee, review committee, or appro­ (d) Any person who, as buyer, paid attach a statement to the claim, signed priate court, until such penalties have the penalty in whole or in part in con­ by a member of the committee, giving been deposited in the general fund of nection with the purchase of a com­ the reasons for their action. After the the Treasury of the United States after modity, was not required to collect or recommendation of approval or disap­ determination that no downward ad­ pay such penalty, did not deduct the proval is made by the county commit­ justment in the amount of penalty is amount of such penalty from the price tee, the claim shall be promptly sent to warranted. All prior regulations dealing paid the producer, and has not been re­ the State committee. with refunds of penalties wh’ ^ i were imbursed therefor. (e) Any person who paid the penalty §714.44 Recommendation by State * contained in this part are superseded committee. upon the effective date of the regula­ in whole or in part as a surety on a bond tions in this part. given to secure the payment of penalties A representative of the State commit­ and has not been reimbursed therefor. tee shall review each claim referred by § 714.36 Definitions. ( f ) Any person who paid the whole or the county committee. I f a claim is sent (a) General terms. In determining any part of the sum paid as a penalty initially to the State committee, it shall the meaning of the provisions of this with respect to a commodity included be referred to the appropriate county part, unless the context indicates other­ in a transaction which in fact was not a committee for recommendation as pro­ wise, words imparting the singular in­ marketing of such commodity and has vided in § 714.43 prior to action being clude and apply to several persons or not been reimbursed therefor. taken by the State committee. Any nec­ things, words imparting the plural in­ essary investigation shall be made. The clude the singular, words imparting the § 714.39 Maimer of filing. State committee shall recommend ap­ masculine gender include the feminine Claim for refund shall be filed in the proval or disapproval of the claim, at­ as well, and words used in the present county office on a form prescribed by taching a statement giving the reasons tense include the future as well as the the Deputy Administrator. I f more than for their action, which shall be signed by present. The definitions in Part 719 of one person is entitled to file a claim, a a representative of the State commit­ this chapter shall apply to this part. joint claim may be filed by all such per­ tee. After recommending approval or The provisions of Part 720 of this chap­ sons. I f a separate claim is filed by a per­ disapproval, the claim shall be promptly ter concerning the expiration of time son who is a party to a joint claim, such sent to the Deputy Administrator. limitations shall apply to this part. separate claim shall not be approved § 714.45 Approval by Deputy Adminis­ (b) Other terms applicable to this until the interest of each person in­ trator. part. The following terms shall have the volved in the joint claim has been following meanings: determined. The Deputy Administrator shall re­ (1) “ Act” means the Agricultural Ad­ view each claim forwarded to him by the § 714.40 Time of filing. justment Act of 1938, and any amend­ .State committee to determine whether, ments or supplements thereto. Claim shall be filed within 2 years (a) the penalty was erroneously, illegally, (2) “Claim” means a written request after the date payment was made to the or wrongfully collected, (b) the claimant for refund of penalty. Secretary. The date payment was made bore the burden of the payment of the (3) “Claimant” means a person who shall be deemed to be the date such pay­ penalty, (c) the claim was timely filed, makes a claim for refund of penalty as ment was deposited in the general fund and (d) under the applicable law and provided in this part. of the Treasury as shown on the certifi­ regulations the claimant is entitled to a (4) “County Office” means the office cate of deposit on which such payment refund. I f a claim is filed initially with of the Agricultural Stabilization and was scheduled. the Deputy Administrator, he shall ob­ tain the recommendations of the county Conservation County Committee. § 714.41 Statement o f claim. (5) “Penalty” means an amount of committee and the State committee if money collected, including setoff, from The claim shall show fully the facts hfe deems such action necessary in arriv­ or on account of any person with respect constituting the basis of the claim; the ing at a proper determination of the to any commodity to which this part is name and address of and the amount claim. The claimant shall be advised in applicable, which has been covered into claimed by every person who bore or writing of the action taken by the Deputy the general fund of the Treasury of the bears any part or all of the burden of Administrator. I f disapproved, the United States, as provided in section such penalty; and the reasons why such claimant shall be notified with an ex­ 372(b) of the Act. penalty is claimed to have been er­ planation of the reasons for such roneously, illegally, or wrongfully col­ (6) “ State office” means the office of disapproval. the Agricultural Stabilization and Con­ lected. It shall be the responsibility of the servation State Committee. county committee to determine that any § 714.46 Certification for payment. person who executes a claim as agent or An officer or employee of the Depart­ § 714.37 Instructions and forms. fiduciary is properly authorized to act in ment of Agriculture authorized to certify The Deputy Administrator shall cause such capacity. There should be attached to be prepared and issued such instruc­ to the claim all pertinent documents with public vouchers for payment shall, for tions and forms as are necessary for respect to-the claim or duly authenti­ and on behalf of the Secretary of Agri­ carrying out the regulations in the part. cated copies thereof. culture, certify to the Secretary of the

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8571

Treasury of the United States for pay­ (1) Agreement for Approval op Stockyard modified live virus hog cholera vaccine or any virulent hog cholera virus. ment all claims for refund which have or L ivestock Market t o Handle I nter­ state Shipm ents op a n y Classes of Sw ine 13. Maintain for 1 year after the trans­ been approved. • '■> action involved, a record of the origin, des­ To: Animal Health Division, Agricultural Re­ Signed at Washington, D.C., on tination, and identification of all swine han­ search Service, U.S. Department of dled through the (stockyard) (livestock May 26,1970. Agriculture: market)1 and afford Federal and State in­ K e n n e t h E. F r ic k , The undersigned operator of the (stock- spectors access to such records. Administrator, Agricultural Sta­ yard) (livestock market) 1 known a s ------bilization and Conservation ______located a t ------— Name of Operator of Service. (Name) (Address) (Stockyard) (Livestock ______hereby requests approval to market) 1 [F.R. Doc. 70-6864; Filed, June 2, 1970; 8:52 a.m.] handle interstate shipments of feeder or breeder and/or slaughter swine in accordance (Address) with the regulations in 9 CFR Part 76. Said operator agrees to: (Signature and title) Agricultural Research Service . 1. Provide said Division with a schedule of sale days and cooperate with the Division (Date) [ 9 CFR Part 76 1 in obtaining compliance by livestock shippers The Director, Animal Health Division, ARS, HOG CHOLERA AND OTHER with applicable State and Federal regulations. has approved this application effective____ 2. Provide well constructed and well lighted COMMUNICABLE SWINE DISEASES imperviously-surfaced pens, alleys, docks, (Date) scales, and sales rings for holding, inspect­ Notice of Proposed Rule Making ing and otherwise handling swine. ( Veterinarlan-in-Charge) 3. Require all swine received at the Notice is hereby given in accordance (Address) with the administrative procedure pro­ (stockyard) (livestock market) 1 to be given a health inspection by a Division inspector or visions in 5 U.S.C. 553, that pursuant to an accredited veterinarian, or a State em­ (Date) the provisions of the Act of May 29,1884, ployed veterinarian, and refuse to seU any (2) A greement for Approval of Stockyard as amended, the Act of February 2, 1903, swine that show any signs of any infectious, or Livestock Market to Handle I nter­ as amended, the Act of March 3,1905, as contagious, or communicable disease upon state Shipm ents of Slaughter Sw ine amended, the Act of September 6, 1961, such inspection except as authorized by a On l y Division inspector, accredited veterinarian, and the Act of July 2,1962 (21 U.S.C. 111- To : Animal Health Division, Agricultural 113, 114a, 114g, 115, 117, 120, 121, 123- or State employed veterinarian. 4. Separate, from other swine, all swine Research Service, U.S. Department of 126, 134b, 134f), the Department of found upon inspection to be, or suspected of Agriculture : Agriculture is considering amending being, affected with any contagious, infec­ The undersigned operator of the (stock- § 76.16(b) of the -regulations relating to tious, or communicable disease and im­ yard) (livestock market)1 known as______hog cholera and other communicable mediately notify a Division inspector, ac­ ______,------located at swine diseases (9 CFR Part 76.16(b)) to credited veterinarian, or State employed (Name) read as follows: veterinarian of the presence of such swine ______hereby requests at the (stockyard) (livestock market).1 ' (Address) § 76.16 Approval o f stockyards and live­ 5. Maintain feeder and breeder swine approval to handle interstate shipments of stock markets; approval of modified separately from slaughter swine; and if these slaughter swine only, in accordance with the live virus vaccines. two classes of swine are yarded in adjoining regulations in 9 CFR Part 76. Said operator * * * * * pens, separate the classes by solid partitions agress to: with no drainage from the slaughter swine 1. Provide said Division with a schedule (b) The Director of Division is au­pens into the feeder and breeder swine pens. of sale days and cooperate with the Division thorized to approve any stockyard or 6. Sell feeder and breeder swine before the in obtaining compliance by livestock livestock market for the purposes of the sales ring is used for slaughter swine if the shippers with applicable State and Federal regulations in this part and efforts in sales ring is used for both these purposes on regulations. cooperation with the States for the con­ the same day. 2. Sèparate from other swine, all swine trol and eradication of hog cholera, when 7. Permit no feeder or breeder swine to suspected of being affected with any con­ remain in the (stockyard) (livestock mar­ tagious, infectious, or communicable disease he determines that the operator of such ket)1 for more than 72 hours, under normal stockyard or livestock market has exe­ and immediately notify a Division inspector, operating conditions. an accredited veterinarian, or a State em­ cuted an appropriate agreement as set 8. Issue no releases for removal of feeder ployed veterinarian of the presence of such forth in subparagraph (1) or (2) of this or breeder swine from the (stockyard) (live­ swine at the (stockyard) (livestock market) -1 paragraph and that the stockyard or stock market) 1 until the swine are identified 3. Issue no releases for removal of any livestock market meets the standards in accordance with any applicable require­ swine from the (stockyard) livestock mar­ specified in the applicable subparagraph. ments of the Federal or State regulations and ket) 1 unless consigned for immediate Request for such approval may be made have been inspected by a Division inspector, slaughter; and identify the consignee on the or an accredited veterinarian, or a State em­ (stockyard’s) (livestock market’s) 1 release to the Veterinarian-in-Charge, Animal ployed veterinarian, and certified in accord­ Health Division, Agricultural Research document. ance with applicable Federal or State 4. Permit no swine to be inoculated at the Service, U.S. Department of Agriculture regulations. (stockyard) (livestock market) 1 with any in the State in which the stockyard or 9. Issue no releases for removal of slaughter modified live virus hog cholera vaccine or livestock market is located, and the exe­ swine from the (stockyard) (livestock mar­ any virulent hog cholera virus. cuted agreement shall be filed with said ket) 1 unless consigned for immediate 5. Maintain for 1 year after the transac­ Veterinarian-in-Charge. The director is slaughter; and identify the consignee on the tion involved, a record of the origin, desti­ (stockyard’s) (market’s )1 release document. nation, and identification of all swine authorized to promulgate notices listing 10. Clean pens, alleys, sales rings, docks approved stockyards and livestock mar­ handled through the (stockyard) (livestock and scales before each day’s sale of feeder or market) 1 and afford Federal and State in­ kets in accordance with paragraph (a) of breeder swine and disinfect such facilities spectors access to such records. this section. The director may withdraw when required under § 71.4 or 76.32, with a approval and remove any stockyard or disinfectant specified in § 76.33 of the Name of Operator of (Stockyard) regulations. (Livestock market) 1 livestock market from such list when he 11. Provide facilities and service for clean­ determines that such stockyard or mar­ ing and disinfecting cars, truck, and other (Address) ket no longer meets the standards as vehicles as prescribed in §§ 76.9, 76.30 and 76.31. (Signature and title) specified in subparagraph (1) or (2) of 12. Permit no swine to be inoculated at the this paragraph that are applicable to its (stockyard) (livestock market)1 with any (Date) operations, or that the operator has ter­ minated his agret vent. 1 Delete inapplicable term. 1 Delete inapplicable term.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8572 PROPOSED RULE MAKING

The Director, Animal Health Division, (a) That expenses that are reasonable F ederal R e g ist e r . The exceptions should ARS, has approved this application effective and likely to be incurred during the fis­ be filed in quadruplicate. All written sub­ cal period from March 1, 1970, through missions made pursuant to this notice (Date) February 28, 1971, will amount to will be made available for public inspec­ ( V eter inar ian- in- Charge ) $298,440. tion at the office of the Hearing Clerk (b) That the rates of assessment for during regular business hours (7 CFR (Address) such fiscal period payable by each han­ 1.27(b)). dler in accordance with § 917.37 be fixed The above notice of filing of the de­ (Date) at: cision and opportunity to file exceptions The Federal-State cooperative pro­ (1) Eight-tenths of a cent ($0,008) per thereto are issued pursuant to the provi­ gram for the eradication of hog cholera standard western pear box of pears, or sions of the Agricultural Marketing has progressed to its final stages. How­ its equivalent in other containers or in Agreement Act of 1937, as amended (7 ever, isolated foci of infection remain a bulk; U.S.C. 601 et seq.)t and the applicable hazard to the successful completion of (2) Three and one-half cents ($0,035) rules of practice and procedure govern­ the program. The movement of exposed per standard four-basket crate of plums, ing the formulation of marketing agree­ ments and marketing orders (7 CFR Part swine through market channels is known or its equivalent in other containers or in 900). to be the principal method by which hog bulk; and cholera is being spread. Seventy-five (3) One-half cent ($0,005) per Cali­ P r e l im in a r y S t a t em e n t percent of the known incidence of the fornia fruit box of peaches, or its The hearing on the record of which disease is currently related to such equivalent in other containers or in bulk. the proposed amendments, as herein­ movement. Therefore, the purpose of this (c) That unexpended assessment after set forth, to the tentative market­ proposal is to set forth in the regula­ funds in excess of expenses incurred dur­ ing agreement and to the order as tions amended standards for facilities ing the fiscal period ending February 28, amended, were formulated, was con­ and operations of approved swine mar­ 1970, be carried over in accordance with ducted at Salt Lake City, Utah, Novem­ kets so as to reduce the probability of § 917.38 of said marketing agreement and ber 19-21, 1969, pursuant to notice exposure to hog cholera while swine are order. thereof which was issued October 22, in market channels. I f this proposal is Terms used in the amended marketing 1969 (34 F.R. 17335). adopted, all previously approved stock- agreement and this part shall, when used The material issues oil the record of yards and livestock markets would have herein, have the same meaning as is the hearing relate to: to obtain approval in accordance with given to the respective team in said 1. The marketing area. the new provisions in order to maintain amended marketing agreement and this 2. Application of order to producer- their status as approved facilities. part. handler operations. All persons who desire to submit writ­ 3. Modification of .approved plant All interested persons who wish to sub­ ten data, views, or arguments in con­ mit data, views, or arguments concern­ definition. nection with the aforesaid proposals shall 4. Exempting some distributing plants ing the proposed amendment 'shall file file the same, in quadruplicate, with the from regulation. them in writing, in duplicate, with the Hearing Clerk, U.S. Department of Agri­ 5. Diversion of producer milk. Director, Animal Health Division, Agri­ culture, Room 112, Administration Build­ cultural Research Service, U.S. Depart­ ing, Washington, D.C. 20250, not later 6. Classification changes. 7. The Class I butterfat differential. ment of Agriculture, Federal Center than the 10th day after the publication of Building, Hyattsville, Md. 20782, within 8. Location differentials. this notice in the F ederal R e g ist e r . All 9. Computation of net pool obligation. 15 days after the date of publication written submissions made pursuant to 10. Payments out of the producer- hereof. All such comments will be avail­ this notice will be made available for able for public inspection in the office of public inspection at the office of the settlement fund. 11. Interest payments on overdue said Director between the hours of 8 Hearing Clerk, during regular business a.m. and 4:30 p.m., Monday through hours (7 CFR 1.27(b)). accounts. Friday, except holidays. (7 CFR 1.27(b).) 12. Application of order to cooperative Dated: May 28,1970. associations. Done at Washington, D.C. this 28th 13. Administrative and conforming day of May 1970. P a u l A. N ic h o l s o n , „ Deputy Director, Fruit and Veg­ changes. G eorge W. I r v in g , Jr. etable Division, Consumer and F in d in g s an d C o n c l u s io n s Administrator, Marketing Service. Agricultural Research Service. The following findings and conclusions [F.R. Doc. 70-6800; Filed, June 2, 1970; on the material issues are based on evi­ [F.R. Doc. 70-6870; Filed, June 2, 1970; 8:52 a.m.] 8:53 a m .] , dence presented at the hearing and the record thereof: [ 7 CFR Part 1136 3 1. Marketing area. Preston and Malad Consumer and Marketing Service City, Idaho, and the Utah counties of [Docket No. AO-309-A15] Rich and Cache (except the city of 17 CFR Part 917 3 MILK IN GREAT BASIN MARKETING Logan) should be deleted from the mar­ keting area. FRESH PEARS, PLUMS, AND PEACHES AREA The marketing area presently includes GROWN IN CALIFORNIA Notice of Recommended Decision and the 21 northernmost Utah counties, Elko Approval of Expenses and Fixing of Opportunity To File Written Excep­ and White Pine Counties in Nevada, two Idaho cities (Preston and Malad City) Rates of Assessment for 1970-71 tions on Proposed Amendments to and the town of Evanston in Wyoming. Fiscal Period and Carryover of Un­ Tentative Marketing Agreement The 1960 census population of the mar­ expended Funds and to Order keting area was 879,000. The several proposals at the hearing Notice is hereby given of the filing with Consideration, is being given to the would remove from the marketing area following proposals submitted by the the Hearing Clerk of this recommended Preston and Malad City, Idaho, and tn Control Committee, established under decision with respect to proposed amend­ Utah counties of Cache and Rich ana the marketing agreement, as amended, ments to the tentative marketing agree­ add to it eight counties in southern utan. and Order No. 917, as amended (7 CFR ment and order regulating the handling No testimony was presented at the hear­ Part 917), regulating the handling of of milk in the Great Basin marketing ing on the latter proposal. Hence, no ac­ fresh pears, plums, and peaches grown area. tion is taken on it in this decision. in the State of California, effective un­ Interested parties may file written ex­ der the Agricultural Marketing Agree­ ceptions to this decision with the Hearing Except for the city of Logan in Cac e ment Act of 1937, as amended (7 U.S.C. Clerk, U.S. Department of Agriculture, County, the territory proposed to w 601-674), as the agency to administer Washington, D.C. 20250, by the 15th day deleted from the marketing area. w the provisions thereof : after publication of this decision in the basically rural. Of the 39.8 thous

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8573 population in Cache County in 1960, 18.7 own farm production for their needs. (ii) Prom pool plants in an amount that thousand were in Logan. In Rich County, With the removal of the territory herein is not in excess of the larger of 3,000 pounds, the 1960 census population was 1.7 thou­ proposed from the marketing area they or 5 percent of his Class I sales, during the sand. The 1960 census populations for would have greater flexibility in their month; Preston and Malad City were 3.6 and 2.3 (2) Such plant is operated under his com­ operations, which are principally local. plete and exclusive management and con­ thousand, respectively. The testimony for removing Cache trol and at his sole risk, and is not used The proposal to remove Preston and County from the marketing area was during the month to process, package, re­ Malad City from the marketing area was directed primarily to the more rural ceive or otherwise handle fluid milk products made by two Idaho distributors who rely parts of the county wherein the pro­ for any other person; and primarily on their own production for ponents operate. Unlike the remaining (3) For the purpose of this section, all their needs. The Class I distribution by portion of Cache County, the city of fluid milk products disposed of on routes these handlers is within a limited geo­ (including the total Class I disposition of Logan is served primarily by regulated a vendor who receives any fluid milk prod­ graphical area and a substantial portion handlers who are among the principal ucts from him during the month) or at of the total Class I sales in Preston and distributors in the remainder of the mar­ stores operated by him, by an affiliate, or by Malad City is from their plants. The keting area. No testimony was presented any person who controls or is controlled by remaining Class I distribution in these on the record to show that marketing him (e.g., as interlocking stockholder) shall cities is from the plants of the two prin­ conditions in Logan are in any way dif­ be considered as having been received at his cipal cooperatives under the order. ferent from those in the remainder of plant; and the utilization for such plant The proposal to remove Cache and the marketing area, which is served by shall include all such route and store dis­ Rich Counties from the marketing area positions; and the same handlers who are the principal (c) Disposes of no other source milk (ex­ was made by a group of handlers whose distributors in Logan. Accordingly, there cept that represented by nonfat solids used distribution is within these counties and is no basis in this record to take Logan in the fortification of fluid milk products) who rely basically on their own-herd pro­ out of the marketing area. as Class I milk. duction as a source of supply. The pro­ 2. Producer-handler. The quantities of posal to drop these two counties and the fluid milk products that a producer- There were a number of proposals two Idaho cities from the marketing area handler may receive from pool plants considered at the hearing to change the was opposed by the two major coopera­ should not be changed. He may now re­ producer-handler definition; no testi­ tives in the market. Although the coop­ ceive from such plants the larger of mony was presented for retaining the eratives have some distribution in all the 3,000 pounds, or 5 percent of his Class I present definition. The extensive record territory herein proposed to be deleted sales, during the month. testimony was concerned basically with from the marketing area, their sales in incorporating in the order a producer- The producer-handler definition handler definition that would be suitable these places, except for the city of Lo­ should, however, be rewritten to insure gan, are relatively insignificant com­ under current conditions in the Great that producer-handler status is ac­ Basin market. It was particularly em­ pared to their overall sales throughout corded gnly to a person who operates the marketing area. phasized that such definition should be the farm(s) on which his "own-herd spelled out with greater specificity than Cache and Rich Counties and Preston production” is produced at his sole risk the present definition. and Malad City were added to the mar­ and under his complete and exclusive The proposal of an association of about keting area effective January 1, 1966. management and control, who operates That action resulted from testimony pre­ 40 producer-handlers would amend the a plant at which the milk produced on present producer-handler definition to sented at a hearing by the two major his farm (s) is processed and packaged, cooperatives under the order in support require that the milk produced by him as and whose disposition of fluid milk prod­ a dairy farmer is produced at a facility of the proposal submitted by them. The ucts on his routes and at his stores in­ testimony at that hearing indicated that owned by him. The purpose of this pro­ cludes only the milk produced on his posal is to provide explicit language in the cooperatives were, by a wide margin, farm (s) and allowable purchases from the major distributors in each of these the order to exclude the leasing of cows pool plants. and other facilities for milk production four geographical areas then proposed To effectuate the above, a producer- to be included in the marketing area. The as they relate to qualifying a distributor handler should be defined as follows: for producer-handler status. handlers who now propose the exclu­ sion of these areas from the marketing “Producer-handler” means any person who A handler with own-farm production area claim that the cooperatives do not is an individual, partnership or corporation 'proposed that a producer-handler be and who meets all the following conditions: now have as high a proportion of the permitted to buy fluid milk products (a) Operates a dairy farm(s) from which from pool plants without limit. Pro­ sales in these areas as indicated at the the milk produced thereon is supplied to a earlier hearing. ponent claimed that this would provide plant operated by him in accordance with a producer-handler more flexibility in The handlers requesting the removal the conditions set forth in paragraph ( b f of this section, and provides proof satisfactory his processing operation and enable him of proposed territory from the marketing to avoid the considerable cost of expand­ area have relatively small operations. to the market administrator that: (1) The full maintenance of milk-produc­ ing his production facilities. A coopera­ * Te}y basically on their own-herd ing cows on such farm (s) is his sole risk and tive opposing this proposal contended Production as a source of supply. The under his complete and exclusive manage­ that once a producer-handler develops nature of their operations in the rela- ment and control: "new” sales outlets with fluid milk prod­ îvely sparsely populated areas wherein (2) Each such farm is owned or operated ucts purchased from pool plants he would ney operate is substantially different by hini, at his sole risk, and under this expand his own-herd production. As a n i^ J ^ t °f the great majority of reg- complete and exclusive management and control: and consequence, the cooperative claimed, ated handlers. The latter usually have the Class I sales thereby gained by a eir plants in the major cities in the (3) Each individual (except, in the case of a sole proprietorship or partnership oper­ producer-handler would be lost to the marketing area or they distribute over ation, an individual who is a member of his pool. a wider area. immediate family) working on such farm(s) Another handler with own-farm pro­ w ^onen^s claim that the order has is his employee, and such individual does duction proposed that a producer-han­ a hardship on them because the not own, fully or partially, either the cows dler’s source of supply be limited to his producing the milk on the farm or the farm anc* ntiarketing conditions on which it is produced; own-farm production, and that his dis­ ,,tnc|er. which the relatively small distrib- (b) Operates a plant in which milk ap­ tribution be limited to retail sales at s m the area operate are significantly proved by a duly constituted health author­ the farm. r.enj from those that prevail in the ity for fluid consumption is processed or He contended that the present pro­ an ai^der.°t the present marketing area, packaged and is disposed of during the ducer-handler definition, by unwar- (mwi 'Br *s n?t necessary to maintain month in the marketing area on routes : Pro­ rantedly enabling some distributors with area ly mar^et^nS in this basically rural vided, That: (1) No fluid milk products are received atown-farm production to qualify as such plant or by him at any other location producer-handlers, has provided such bv ¿ ° Se wh° would be directly affected except: distributors an advantage, in both pro­ ®?ar^eting area revision are those (i) Prom dairy farm (s) as specified in curement and sales, over regulated nbutors who rely primarily on their paragraph (a ) of this section; and handlers.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8574 PROPOSED RULE MAKING

A cooperative proposed that a pro­ contribute substantially to orderly mar­ aged fluid milk products from pool plants ducer-handler be limited in his pur­ keting in the Great Basin area by giving that he receives at another location. The chases from pool plants to the lesser of the order language more specific mean­ above are some representative practices 3,000 pounds, or 5 percent, of his monthly ing to the producer-handler definition in which have been used by handlers to cir­ Class I sales. This would require a pro­ this regard. cumvent the order’s provisions in at­ ducer-handler to rely more than at pres­ Thus, a producer-handler is required tempting to achieve producer-handler ent on his own resources to balance his to furnish proof satisfactory to the mar­ status. production and Class I sales. ket administrator that the full mainte­ The various means whereby a handler The spokesman for another coopera­ nance of milk-producing cows on his with own-herd production may obtain tive proposed that producer-handler farm is his sole risk and under his com­ exemption as a producer-handler by an status be accorded only those who rely plete and exclusive management and arrangement with a vendor, and whereby exclusively on own-farm production for control. Further, each farm where his a producer-handler may evade the intent their Class I needs. He also proposed that milk cows are maintained must be owned of the regulation by receiving fluid milk the producer-handler definition be lim­ or operated by him, at his sole risk, and products from pool plants at locations ited to a “family operation.” No proposed under his complete and exclusive man­ other than the pool plant and his own definition of a family operation was put agement and control. plant, tend to defeat the purpose for forward at the hearing, however, and As a further safeguard, the definition which the producer-handler provision is there is no basis in the record on which to should specify that (except for an indi­ included in the order. define such term precisely. vidual who is a member of the producer- In determining whether a person quali­ The approximately 60 producer- handler’s immediate family X each indi­ fies as a producer-handler, all fluid milk handlers under the Great Basin order vidual working on a farm of a producer- products disposed of on routes (includ­ currently sell about 12 percent of the handler (who is an individual or part­ ing the total Class I disposition of a ven­ total Class I sales in the market, the nership) is his employee and does not dor who receives any fluid milk products same proportion that their sales have own fully or partially either the cows from him during the month) or at stores been of the total Class I sales in the producing the milk on the farm or the operated by him, by an affiliate, or by any market over the past several years. farm on which it is produced. person who controls or is controlled by The present order provisions make In conjunction with the changes him (e.g., as interlocking stockholder) possible ready claims of producer- herein proposed, the present limit on the would be considered as having been re­ handler, status by persons who may, or quantity of fluid milk products (the ceived at his plant, and the utilization may not, meet the basic requirements for larger of 3,000 pounds or 5 percent of his for such plant would include all such exempt status as such. Clarification of Class I sales) the producer-handler may route and store dispositions. This will the order’s producer-handler provisions receive from pool plants would be re­ insure that the total operation of a han­ was supported by both producers and tained. This limit is reasonable undèr dler is taken into consideration in deter­ handlers as a necessary step remove current conditions in the Great Basin mining whether he qualifies for exemp­ any uncertainty as to the conditions market. There was no significant oppo­ tion from the order as a producer- which must be met by a handler to sition to permitting a producer-handler handler. Without such a provision, the qualify as a producer-handler. to purchase some fluid milk products meaningfulness of the basic standards One problem arising from the present from pool plants. ; herein provided, and deemed appropri­ producer-handler definition concerns Continuing to allow a producer-han­ ate, to qualify a person for producer- those handlers who have leased cows and dler to receive from pool plants up to handler status in the Great Basin market other facilities for milk production. An­ 3,000 pounds or 5 percent of his monthly would be seriously diminished. other problem relates to receipts of fluid Class I sales will enable the relatively A hearing completed at Memphis, milk products from pool plants at loca­ small distributors, who have historically Tenn., on May 24, 1968, considered tions other than the producer-handler’s operated as producer-handlers, to retain whether a producer-handler handling plant. Some handlers who had lost their producer-handler status. Although such reconstituted skim milk should lose his exempt status as producer-handlers con­ distributors rely primarily on own-farm exempt status. Amendments were made tend that the order is not clear about production for their needs and handle in 62 orders, including the Great Basin leasing arrangements and what are con­ their reserve supplies, some depend on order, effective January 1, 1970, on the sidered the receipts and dispositions of pool plants as a regular source of various basis of that record. a handler to be used in determining his fluid milk products (e.g., buttermilk, The findings in the October 13, 1969, producer-handler status. cream) that are not processed or pack­ decision (34 F.R. 16881) resulting from The present order provides, and should aged in their own plants. Also, these that hearing provide that the producer- continue to provide, that the operation operations must occasionally, particu­ handler definition of each order should of a producer-handler’s entire facilities larly in emergency situations, depend on preclude the use of reconstituted skim for milk production, processing, and pool plants for supplemental supplies. milk or unregulated milk in fluid milk distribution shall be under his complete The record does not show that enabling products. The decision also finds that, and exclusive control and at his sole such handlers with own-herd produc­ since he is not subject to the pricing and risk. Experience in this market is that tion to obtain limited quantities of fluid pooling provisions of an order, a pro­ handlers have purchased milk from dairy milk products from pool plants, as ducer-handler using reconstituted skim farmers through the device of leasing herein proposed, has adversely affected milk or unregulated milk in any fluid arrangements on cows as a means of cir­ the competitive position of regulated milk product disposition thereby would cumventing the order to obtain exempt handlers or producers. disqualify himself from his exempt status status as producer-handlers. In such Some handlers with own-herd produc­ as a producer-handler. cases, it cannot be said that a “producer- tion have engaged in procurement and The findings in the aforesaid decision handler” operates at his sole risk and distribution practices that enable them relative to precluding a producer-han­ under his complete and exclusive man­ to obtain from pool plants more than dler’s using reconstituted skim milk in agement and control his production fa ­ the maximum quantities of fluid milk any fluid, milk product are appropriate cilities. Neither can it be said that the products (the larger of 3,000 pounds or 5 under current conditions in the Grea, fluid milk products sold on his routes percent of his Class I sales) permitted a Basin market and are reaffirmed ana (including the total Class I disposition producer-handler in order to obtain adopted in this decision. of a vendor who receives fluid milk prod­ exemption as a producer-handler. As now provided in the order, a pro­ ucts from him during the month) and The only sales outlet from the plant of ducer-handler may use limited quanti­ at his stores include only the milk pro­ at least one handler with own-herd ties of nonfat milk solids to fortify, or to duced on his farm (s) and allowable pur­ production is a single vendor, who also reconstitute into, fluid milk produc • chases from pool plants if such sales fail receives packaged fluid milk products on The addition of nonfat dry milk ana to include any additional disposition on a regular basis from a pool plant. An­ similar products in fortified fluid mu his routes or at his stores of fluid milk other handler distributes on routes not products is a common practice among products received from pool plants at only the fluid milk products obtained handlers. No purpose would be servea ^ his stores or at any other location. Pro­ from his own-herd production and restricting producer-handlers in this viding the standards adopted herein will processed at his plant, but also the pack­ gard, and they should be permitted to use

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8575 nonfat milk solids in the fortification of quirements apply equally to all plants of producer milk that may be diverted fluid milk products without limit. from which a significant amount of fluid by cooperatives for their members and 3. Approved plant. The more descrip­milk products is distributed in the mar­ by pool plant operators for nonmembers tive term “fluid milk plant” should re­ keting area. This can best be accom­ would be applied. They also proposed a place “approved plant” in the order and plished by specifying in the pool plant revision in monthly percentages of pro­ should be defined to include any plant definition that a fluid milk plant will ducer milk physically received at a pool from which fluid milk products are dis­ qualify as a pool plant when not less plant that may be diverted each month. posed of on routes in the marketing area than 50 percent of the fluid milk prod­ In the Great Basin market, the co­ and any milk receiving or processing ucts (except filled milk) approved by a operatives representing a major portion plant from which milk or skim nailk is duly constituted health authority for of the producers on the market exercise shipped to a plant with route disposition fluid consumption that are physically re­ responsibility for diverting their mem­ in the marketing area. The present re­ ceived at such plant, or diverted as pro­ bers’ milk to nonpool plants. Milk not quirement that a plant must either re­ ducer milk to a nonpool plant, is disposed needed by handlers can, of course, be ceive milk from dairy farmers or possess of on routes. most economically handled by moving it the approval of a duly constituted health As now provided in the order, there directly from the farm to nearby manu­ authority for the processing or packaging must be disposed of on routes not less, facturing plants. The greatest efficiency of Grade A fluid milk products to qualify than 50 percent of the receipts of pro­ in this regard is achieved by diverting as an approved plant should be deleted ducer milk (including that diverted to the milk from the farms of producers from the order. nonpool plants) and receipts of fluid nearest the manufacturing plants. This A cooperative proposed the fluid milk milk products from pool supply plants. can be accomplished most practicably in plant definition herein provided in order The requirement that at least 15 per­ this market if the diversion is in terms that any plant (including a manufactur­ cent of such plant’s total fluid milk prod­ of a reasonable percentage of the aggre­ ing milk plant) from which fluid milk ucts disposition must be on routes in the gate quantity of milk delivered to pool products are disposed of on routes in the marketing area would not be changed. plants by the cooperative, as herein marketing area would be required, as a The change herein provided will insure provided. handler, to report to the market adminis­ that any plant from which a significant A pool plant operator whose sale trator. The basis for the proposal was quantity of fluid milk products is dis­ source of supply is principally from non­ that some such plants could, without the tributed in the marketing area on routes member producers has no less need for knowledge of the market administrator, would be subject to the order in the same diversion than a cooperative whose distribute fluid milk products obtained manner as any other handler irrespec­ members supply other pool plants. It is from unregulated sources outside the tive of the Source from which the fluid appropriate, therefore, that such a han­ marketing area into the marketing area. milk products handled at his plant were dler be permitted to divert nonmember To insure the integrity of the regula­ received. supplies on the same percentage basis tion, it is essential not only that all plants 4. Exempt distributing plant. A pro­ as that allowed a cooperative. from which fluid milk products are dis­ posal to provide exemption for a plant The quantities of producer milk tributed in the marketing area report to that distributes not more than an aver­ diverted to nonpool plants vary season­ the market administrator, but also that age of 100 pounds of Class I milk per ally. They are usually greater in March the market administrator be authorized day in the marketing area for the month through August, when production for to receive reports from a person with should not be adopted. The proposal was the market relative to its Class I needs such disposition who does not operate a made primarily to allow (free from reg­ is significantly greater than in the re­ Plant. At least one plant with Class I ulation) the distribution of some yogurt maining 6 months of the year, Septem­ sales on routes in the marketing area is in the marketing area if the product were ber through February. In the 12 months not, under the present provisions of the classified as Class I under another pro­ through September 1969, producer milk order, required to report to the market posal made by proponent. Since no ac­ pooled averaged 37.2 million pounds administrator. tion is taken in this decision on that monthly. Of that amount, 33 million Some persons who do not operate proposal, the corollary proposal to pounds were delivered directly to pool Plants purchase packaged fluid milk exempt certain plants from regulation plants; the remainder, 4.2 million Products on a regular basis from pro­ is denied. pounds (13 percent of the milk delivered ducer-handlers or pool plants and, as 5. Diversion of producer milk. A co­ to pool plants) was diverted to nonpool vendors, resell them via their own de­ operative should be permitted to divert plants. The amounts diverted in the 12- livery vehicles to retail and wholesale monthly to nonpool plants up to 25 per­ month period ranged from a high of customers. The fluid milk products dis­ cent of its producer members’ deliveries 6.7 million pounds in July 1969 (20 per­ tributed by a vendor are considered as a to all pool plants in March through cent of producer deliveries to pool route sale from the plant at which they August and up to 20 percent in Sep­ plants) to a low of 2.3 million pounds were processed and packaged. tember through February. Similarly, a in November 1968 (7 percent of producer Including in the fluid milk plant cate­ pool plant operator should be permitted deliveries to pool plants). gory all plants from which any fluid milk to divert monthly to nonpool plants up The major cooperatives in the market Products are distributed in the marketing to 25 percent of producer milk (exclusive area, as herein provided, would require of that received from producer members contend that the present diversion pro­ them to report their receipts and utili­ of a cooperative) physically received at visions are inappropriate under current zation to the market administrator each his plant in March-August and 20 per­ conditions. These provisions, they claim, month. Also, designating as a handler cent in September-February. have encouraged the association of milk with the market solely for manufactur­ «ny person who does not operate a plant, A cooperative may now divert up to ing purposes at the expense of producers ru!« Y 10 ^tributes to retail or wholesale 25 percent of its producer members’ de­ who regularly supply the market and on utiets packaged fluid milk products re­ liveries to all pool plants in any month. eled from a fluid milk plant (as herein whom the market depends for its Class The operator of a pool plant may divert I needs. aenned), would enable the market ad- up to 25 percent of producer milk re­ uustrator to obtain reports from such ceived from producers who are not mem­ The two major cooperatives in the v^ S0IV Such changes are necessary in bers of a cooperative. In practice, how­ market maintain their own Class I oper­ raer that the market administrator can ever, the pool plant operator has been ations and are the principal suppliers H iof^ n e that all fluild milk products permitted to divert up to 33% percent of handlers in the market, both by direct jstnbuted in the marketing area from of the milk physically received at his delivery from the farms of producer *nts and by distributors who do not plant. This resulted because the 25 per­ members and by transfer from the co­ plante during the month are ac- cent diversion allowance is now applied operatives’ plants. Member milk not for and to carry out the other against a total of the producer milk phys­ needed for Class I purposes is utilized by terms of the order. ically received at a pool plant plus that the cooperative for manufacturing viii1

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107------7 8576 PROPOSED RULE MAKING is by transfer from pool plants to non­ ciation with the fluid market and still since there are at present no such facil­ pool manufacturing plants. One coopera­ permit the necessary flexibility in divert­ ities in the market, this provision serves tive indicated that its monthly diversions ing milk not needed for fluid use. no purpose. Moreover, it is unlikely that of producer milk to nonpool plants are At least three deliveries of a producer the provision will prospectively serve any about 4 percent of its member milk re­ must now be received at a pool plant dur­ useful or desirable purpose in the order. ceived at pool plants. No testimony was ing the month to qualify any of his It therefore is deleted from the producer presented by the second cooperative re­ production for diversion in the same milk definition. garding the quantity of producer milk month. Since shipments from producers’ 6. Classification changes, (a) Month- it diverts to nonpool plants. farms to pool plants are usually on an end inventories of packaged fluid milk A handler who receives milk from non­ every-other-day basis, deliveries on 3 products (now in Class IH ) should be member producers opposed any change days usually include the production for classified in Class I. The proposed classi­ in the order that would reduce or limit 6 days. It is more appropriate, there­ fication, which usually conforms with the the quantity of milk that may be di­ fore, to specify that not less than 6 days’ ultimate utilization of packaged fluid verted from pool plants. The handler production (instead of three deliveries) milk products in inventory, Will result operates a plant that is basically a Class of a producer must be received at the in fewer audit adjustments in classifica­ I operation. He has associated with his pool plant to qualify his milk for diver­ tion and handler obligations than if plant substantial quantities of milk that sion on other days of the month. Other­ classified in Class ni, as now provided are diverted directly from producers’ wise, the producer who ships on a daily in the order. It will not result, however, farms to a manufacturing plant. The basis would have an unwarranted advan­ in an increase in handlers’ costs. quantities of milk transferred Or diverted tage over the great majority of pro­ A handler who operates a plant that from this plant to the manufacturing ducers shipping on an every-other-day varies between nonpool and pool status plant are between 45 and 50 percent of basis. from month-to-month will be required the producer milk pooled by the handler. As proposed by cooperatives repre­ to allocate first to a lower-priced class Permitting monthly diversions to non­ senting a major portion of producers in the fluid milk products in inventory at pool plants of 25 percent in March- the market, that producer milk diverted the beginning of each month as they August, and 20 percent in September- to nonpool plants should be priced at the change from nonpool to pool status. This February, of the milk physically received location of the plant to which diverted requirement and the classification of at pool plants will be fully adequate in instead of at the location of the pool month-end inventories of packaged fluid plant to which it is customarily delivered. insuring the maintenance of a reserve milk products in Class I will provide suf­ Pricing milk at the pool plant from supply for the market. Also, it will tend ficient safeguards to prevent the ex­ to safeguard the pool from exploitation which diverted could, in effect, subsidize ploitation of the pool (by varying his by handlers utilizing substantial quan­ at the expense of producers generally the month-end inventories) by the operator tities of milk only for manufacturing more distant producers when the latter’s purposes, which supplies are not needed milk is diverted to distant manufactur­ of the plant that may be a pool plant and a nonpool plant in successive months. or intended for the Class I market and ing plants rather than delivered to the therefore are not part of the necessary market center. This is because the dis­ Month-end inventories of bulk fluid reserve to meet fluctuating Class I re­ tant producers would receive the f.o.b. milk products should continue to be quirements. (zero zone) market uniform price on classified in Class III. In the following month, they would be subtracted under Unless it must be diverted for manu­ milk which is not moved to the market the allocation procedures from any avail­ facturing purposes, producer milk should and on which the full cost charge for the not include any milk moved from a farm farm to market haul has not been able Class IH milk. A higher use value directly to an other order plant. Such incurred. of such fluid milk products allocated to milk’s eligibility to be included under a It would not be practicable to allow Class I would be reflected in returns to producers in the following month. Federal order would more appropriately the diversion of milk to producer-han­ be determined at the other order plant dler plants or to exempt distributing Although packaged fluid milk products where received. In fact, diversion to such plants. To do so would be inconsistent in inventory are items which have been plant, if permitted unconditionally, with the basis for exempting the oper­ prepared specifically for Class I disposi­ could result in the pricing and pooling ators of such plants from the provisions tion, the ultimate utilization of bulk of the same milk under two orders. of the order. fluid milk products in inventory may dif­ Providing for the diversion of producer A producer-handler depends primarily fer substantially between plants and even milk to an other order plant for manu­ on his own-farm production and supple­ from month-to-month at the same plant. Under these circumstances, continuing facturing purposes will contribute to or­ mentary supplies from pool plants for derly marketing. In some instances, a his needs. A person with own-herd pro­ to classify and price month-end inven­ pool plant operator may find that his duction who relies also on milk moved tories of bulk fluid milk products in Class most desirable outlet for this purpose directly from the farm of a producer III, as now provided in the order, will is an other order plant. Specifying under cannot be distinguished in his opera­ facilitate the accounting procedures in the order that such milk may be diverted tions from other handlers who are fully the handling of such month-end inven­ if a Class III classification (or compa­ regulated because they receive milk from tories. rable utilization under the other order) producers. The order should specify that all fluid is designated for such milk pursuant to Exempt distributing plants are not milk products on hand at the beginning the other order will tend to insure the subject to any of the provisions of the of the month at a plant which was a integrity of both orders. order with respect to their sources of nonpool plant in the preceding month Only that milk from dairy farmers supply. Hence, milk moved from any should be allocated to any available Class genuinely associated with the market by farm directly to an exempt distributing in utilization of the plant during the being received and utilized at a pool plant would not be subject to the pricing month. This precedure will preserve the pliant should be eligible for diversion to and pooling provisions of the order. priority of assignment to current receipts nonpool plants. Otherwise, it cannot be As now provided in the order, any of producer milk to the current Class I said that such dairy farmers are supply­ fluid milk products transferred from a utilization at the plant. ing the Class I needs of the market. pool plant to a producer-handler plant For the first month that the change Therefore, it is provided that at least 6 or an exempt distributing plant is clas­ herein proposed would be effective, pack­ days’ production of a producer must be sified as Class I. This provision, the basis aged fluid milk products on hand at the received at a pool plant during the month for which was established at previous beginning of the month at a plant that to qualify any of his production in the hearings, is continued in the order. was a pool plant in the preceding month same month for diversion within the In addition to providing for diversion would be allocated to Class I, and bulk limits described above. A producer ship­ to a nonpool plant, the order now pro­ fluid milk products would be allocated ping on an every-other-day basis would vides that producer milk may be di­ to Class III. Since the order would have under this standard be required, in ef­ verted “to a receiving facility not ap­ priced the packaged fluid milk products fect, to ship only 3 days. The require­ proved for handling milk for fluid con­ in Class III in the preceding month (as ment herein adopted is sufficient to sumption located at another pool plant.” closing inventory), the order should pro­ establish a producer’s continuing asso- A cooperative’s spokesman testified that vide that a handler’s net pool obligation

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8577

be increased in the amount by which the products (other than milk products) ex­ to produce cottage cheese ends up in value at the Class I price for the cur­ clusively for consumption off the prem­ “spoiled batches” and as “route returns.” rent month of the fluid milk products in ises should be Class in . Dumping such products or selling them beginning inventory allocated to Class I The order now provides a Class in for livestock feed usually represents the exceeds the value of such products at classification for skim milk and butter­ only means of disposing of such skim the Class III price in the preceding fat (1) disposed of in bulk to a com­ milk. month. The above adjustment will insure mercial candy manufacturer who does The skim milk in all fluid milk prod­ that all fluid milk products disposed of not dispose of fluid milk products for ucts dumped or disposed of for livestock by a handler during the month will be consumption either on or off the prem­ feed is Class III, which classification is priced at the Class I price applicable for ises, and (2) disposed of to a com­ equally appropriate for the skim milk the month, whether such fluid milk prod­ mercial bakery (solely for the purpose in cottage cheese so disposed of. ucts originated as closing inventory in of processing into bakery products) in Cf) No action should be taken at this the preceding month or as a receipt at the form of a flavored cream-sugar time on the producers’ classification pro­ the handler’s plant in the current month. product containing at least 8 percent by posals relating to yogurt and “ sterilized (b) No change should be made in theweight of sugar. The containers used in products in hermetically sealed con­ order provisions applicable to the classi­ this latter disposition must bear the label tainers.” fication of shrinkage at a pool plant. “ bakery cream.” A‘s proposed by producers, the term The order now provides for classify­ A handler proposed allowing a Class “ sterilized products in hermetically ing in Class HE up to 2 percent of the in classification for “ bakery cream” on sealed containers”, as used in the order skim milk and butterfat in fluid milk such cream disposed of to any bakery to exclude products so designated from products received during the month from instead of only to a “commercial bakery” , the Class I classification, would be producers and from other plants. Shrink­ as now provided in the order. The present changed to “sterile products in hermeti­ age at a plant beyond the maximum al­ provision, it was claimed, in effect gives cally sealed containers.” The purpose of lowed in Class H I is Class I. special consideration to one outlet in the the proposal is to clarify the present A cooperative which operates several market and, as such is unwarranted. terminology so that only fluid milk prod­ pool plants proposed that shrinkage per­ As proposed by the handler, a Class ucts in containers that can assure steril­ centage be based on the total utilization in classification for bakery cream would ity could be classified other than as at all pool plants of a handler instead be permitted on sales of such cream to Class I. of on a plant basis as now provided in any bakery whether it was operated Skim milk and butterfat used to pro­ the order. Proponent requested the pro­ separately or in connection with a com­ duce yogurt is now classified as Class ni posed change because the manner in missary or restaurant. I f the bakery were under the Great Basin order. Producers which the cooperative’s records of inter- operated in connection with a commis­ argued that yogurt should be Class I be­ plant shipments are maintained may re­ sary or restaurant, the handler’s pro­ cause it is Class I in some Federal orders. sult in an overage at one plant and a posal would have the “ bakery cream” Producers indicated that they expect shortage at another during the same delivered to the restaurant classified in to request a hearing on a national or month. Class I I I and other fluid milk products regional basis to consider a uniform The shrinkage provisions in the order delivered there classified in Class I. classification plan for all orders on all were established on the basis that a plant The commercial food establishments ■ dispositions of skim milk and butterfat. which Is operated in a reasonably effi­ included in this category can substitute Moreover, producers stated that their cient manner and for which acceptable concentrated milk products (e.g., con­ contemplated hearings for all orders records of receipts and utilization are densed milk, butter, nonfat dry milk) in would provide a more appropriate record maintained should not have plant losses place of fluid milk products in their food as a basis for considering yogurt and In excess of the maximum provided for operations. A Class ni classification for sterilized products in hermetically sealed classification in Class in. The allocation fluid milk products delivered in bulk containers than the limited testimony of shrinkage on a plant basis, which is form to and used at commercial food presented on the record of the Great commonly provided in Federal orders, is processing establishments, as herein Basin hearing. designed to . strengthen the classified adopted, is basically the same as that (g) A handler’s proposal to classify pricing scheme and encourages the main­ provided for similar circumstances in a cream in Class n (instead of Class I) tenance of adequate records and the effi­ number of other Federal orders. should be denied. The change was cient handling of milk. (d) The skim milk and butterfat used requested primarily to improve the handler’s position in selling cream in To allow the combining of plants for by a handler to produce frozen dessert mixes should be specifically designated competition with cream substitutes. the computation of shrinkage would pro­ Elsewhere in this decision, provision vide an unwarranted advantage to the as Class n i milk. Ice cream and ice cream mixes are is made for lowering the Class I butter­ multiple plant operator over the single fat differential from 13.5 to 12 percent Plant operator. A handler operating sev­ among the named products now in the of the butter price. This will result in a eral plants could avoid a Class I classi­ Class II I category. Mixes used to produce substantial reduction in the cost to han­ fication on excess shrinkage in one plant frozen desserts such as ice milk and sherbets, although technically not ice dlers of cream sold for fluid use. Any at which his utilization was not fully reclassification of milk for fresh cream accounted for by offsetting the excess cream mix, are usually characterized as such. The sales outlets for these frozen would more appropriately be considered shrinkage against an overage at another- at a general hearing on the classification Plant, even though the respective condi­ desserts are the same as for ice cream of cream and related products in all their tion at each plant resulted from un­ mixes, and they are customarily included related actions. in the same classification as ice cream forms. mixes in the orders when utilized for (h) The mileage limitation on the Each handler, whether operating one commercial freezing. transfer of fluid milk products to non­ or more plants, is required by the order A producer witness suggested designat­ pool plants should be deleted from the to maintain complete and accurate rec­ ing explicitly a Class m classification in order. A Class I classification is now ords of the movements of fluid milk the Great Basin order for the skim milk applicable on such transfers to nonpool Products between his plant(s) and other and butterfat used to produce all frozen plants that are more than 525 miles k a?u ‘ ■^ecause two plants, are owned dessert mixes. Such a provision, as from Salt Lake City. The cooperative the same handler does not justify the herein provided, will remove any uncer­ proposing the change contended that maintenance of records that are less tainty that may arise regarding the although the provision may have once ompiete than those required of a single classification of frozen dessert mixes served a purpose, it is neither a useful Plant operator. under the Great Basin order. nor desirable provision under current m-W ®kim milk and butterfat in fluid (e) The skim milk in cottage cheese market conditions. rnirn products delivered in bulk form to dumped or disposed of for livestock feed In the past, the provision was a means intT a commercial food process­ should be Class m . All skim milk used to of insuring the classification of fluid o li fftablishment (other than a milk produce cottage cheese is now Class n. milk products transferred to plants with­ rim!* 111 the manufacture of bakery Not all cottage cheese produced by a out requiring the market administrator ducts, candy, or packaged food handler is sold. Some skim milk used to travel long distances to verify their

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8578 PROPOSED RULE MAKING use. Currently, it is not unusual to ship price of Class I milk, at its average but­ basing point, a minus adjustment of 30 fluid milk products for manufacturing terfat test, at its present level. cents per hundredweight for plants lo­ purposes to nonpool plants at distant While the butterfat content in pro­ cated 200-210 miles distant, plus 1.5 cents locations from the market. W ith better ducer milk is relatively close to the aver­ for each additonal 10 miles. Under a roads and improved facilities for moving age butterfat content of whole milk sold corollary proposal considered at the large quantities of milk in bulk, plants at as Class I, it is substantially above the hearing, any diverted producer milk distant locations from the market are, average test of all Class I milk. This is would be priced at the location of the at times, the most practicable and eco­ because fluid skim milk and low fat milk plant to which diverted. nomically feasible outlets for fluid milk items are an increasing proportion of In proposing that Elko, Nev., be re­ products that are not needed in the mar­ Class I sales at the expense of whole milk moved as a basing point for computing ket for Class I purposes. Moreover, there and cream. location differentials, proponent con­ are now other Federal order markets In the. 12 months through September tended that it is too far away from the within which, or close to which, any non­ 1969 producer milk deliveries averaged center of the market to function effec­ pool plant to which a shipment might be 3.65 percent butterfat. In the same pe­ tively as a basing point. The reason given made from the Great Basin market riod the butterfat in producer milk clas­ for deleting Price and Vernal as basing would be located. In such case, verifica­ sified in Class I averaged 3.2 percent. points was that no pool plants are lo­ tion of the utilization could be made in The order price for the Class I milk cated there. cooperation with the market administra­ of 3.2 percent butterfat sold by handlers The problem of location pricing at tor of the nearest order. in the 12 months through September hand is essentially one of recognizing the Removing the mileage limitation pro­ 1969 averaged $6,307. This is computed need for basing points that will assist in vision as it applies to the classification by subtracting from the average $6.58 pricing milk to meet the need for supplies of milk moved from pool plants to non­ Class I price for 3.5 percent milk, 3 points at main centers of the market where the pool plants, as herein proposed, will of butterfat at 9.1 cents per point. At the great bulk of the supply is processed for facilitate the marketing of milk that is lower butterfat differential adopted in Class I distribution. not needed for fluid purposes, thereby this decision, the adjustment for butter­ Fluid milk products are bulky and contributing to orderly marketing. fat would have been 8.1 cents per point perishable, and incur a relatively high 7. Class I butterfat differential. Thefor such period. The reduction of 3 cents transportation cost when they are moved butterfat differential applicable to Class in the Class I differential offsets the a considerable distance. The location dif­ I milk should be 12 percent of the butter change in butterfat adjustment, keeping ferential provisions should facilitate price for the preceding month (instead the Class I price at the same level. economic movement when milk is re­ of 13.5 percent as now provided): The handler who proposed that the ceived for Class I purposes from plants In proposing a lower Class I butterfat Class I price differential be adjusted located a distance from the center of the market where the milk is processed. differential, producers contended that to give consideration to the change in The rates applicable to such movement the values now assigned to butterfat and the Class I butterfat differential also should be applied from appropriate bas­ skim milk in Class I products were insti­ proposed that the Class I pricing formula ing points to accomplish this objective, tuted in the order a number of years ago of the order be changed so that the Class and to assist in bringing about uniformity and do not currently reflect the values I price would be moved upward or down­ in prices to all handlers. Such adjust­ of these components of milk. ward only in brackets of stated amounts, ment to prices reflect the lesser value In recent years the proportion of solids such as 15 or 20 cents. This proposal was (place utility) of milk when such milk not fat in the fluid milk products in not opposed by producers. However, both Class I has increased, and the proportion is moved a considerable distance to the proponent and producers indicated that market from an outlying plant, or when of butterfat has decreased. This has been since a national hearing is considering evidenced by the increasing sales of skim it is diverted to an outlying location as such a bracketing system for all orders, producer milk in lieu of being brought to milk items (plain, fortified, and flavored no action should be taken on the proposal skim and part skim milk, buttermilk, at this time. the market center. etc.) while sales of whole milk and cream Since location differentials, sometimes 8. Location differentials. The plant lo­called “ zone differentials,” apply only to have been declining. The change in but­ cation differential provisions should be terfat differential gives recognition to plant locations, no differential is applica­ changed to establish Ogden and Provo, ble when the milk is received directly the changing value of butterfat in fluid Utah, as the basing points for computing from the farm at the processing plant milk products in Class I. the differentials. Under the proposed in the market center. The transportation In the 12 months through September change, Elko, Nev., and Price, Vernal or hauling cost on the latter milk is paid 1969 the proposed differential would and Richfield, Utah, would be discontin­ for by the individual producer through have averaged 8.1 cents. The actual ued as basing points. negotiation with haulers. The hauling average butterfat differential for the The order now provides for reducing rate is not fixed by the order. same period was 9.1 cents. In the 12 the Class I and uniform prices at plants As previously stated, when milk is re­ months through September 1969, when 100 or more miles from the nearest of the ceived at a plant located a considerable the Class I price averaged $6.58, the city halls in Ogden, Price, Richfield, and distance from the market, the handler value of 3.5 pounds of butterfat in a Vernal, Utah, and Elko, Nev., at the rather than the producer incurs the addi­ hundred pounds of milk was $3,185 (35 rate of 15 cents at plants within 100-110 tional cost of moving that milk from the times 9.1 cents). The skim milk portion miles, plus an additional 1.5 cents for outlying plant to the central market for of such hundred pounds of milk was each additional 10 miles. The present processing. Under these conditions, and valued at $3,395. basing points for computing location dif­ in the absence of an opportunity cost The proposed butterfat differential of ferentials are established on each of the created elsewhere for the milk, the value 12 percent of the butter price would have four sides of the marketing area near the of producer milk delivered to a plant lo­ valued the butterfat in a hundred perimeter, that is, at Price and Vernal cated at a distance from the market is pounds of milk in the 12 months through on the eastern side; at Ogden on the reduced in proportion to the distance, September 1969 at $2,835 (35 times 8.1 northern side; at Elko, Nev., on the west­ and the cost of transporting such milk, cents). This is 35 cents less than the ern side; and at Richfield, Utah, on the from the plant of first receipt to the value of 3.5 pounds of butterfat in a southern side. plant at the market center. hundred pounds of milk under the Great A cooperative proposed to remove Elko, An important aspect of establishing Basin order in the same period. Had such Nev., and Price and Vernal, Utah, as bas­ basing points for computing location dii- a differential been in effect, the value of ing points for computing location ad­ ferentials is to identify the major con­ the skim milk portion of the milk would justments, and further proposed that sumption centers in the marketing area. have been increased by 35 cents. Roosevelt, Utah, be added as a basing Population for the Great Basin market­ As a corollary change to the reduction point along with Ogden and Richfield, ing area is centered on a north-sou in Class I butterfat differential adopted Utah. Roosevelt is about 30 miles west of axis primarily between Ogden and I W » herein, the Class I differential should be Vernal. Such proposal would provide also Utah. The 1960 population for the Utan reduced 3 cents. This will maintain the for no adjustment within 200 miles of a portion of the marketing area (the maj

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 85797 I component) was about 837,000-1 The Lake City has bought milk from Idaho such milk would be contrary to the in­ north-south axis from Cache County producers associated with a cooperative tent of the compensatory payment on south through Sevier County accounted association at Meridian, Idaho. Such unregulated milk for the purpose of pro­ for about 652,000, or 78 percent of the milk sometimes is received at a distant tecting the classified pricing plan by total. More significantly, about 76 per­ plant by diversion from the Salt Lake maintaining reasonable price parity be­ cent of the population for the marketing City plant when not needed there. When tween fully regulated milk and milk not area is concentrated in the Ogden, Salt diverted the milk continues to be in­ so regulated. Lake City, and Provo, Utah, area which cluded in the Great Basin pool as pro­ The same limitation should apply to comprises Weber, Davis, Salt Lake City, ducer milk. On diversion, the milk is the uniform price when adjusted for the and Utah Counties. Salt Lake City is the received either at the Boise plant or location of the unregulated supply plants principal population center of the mar­ Caldwell plant which are about 236 miles from which fluid milk products are re­ keting area. and 262 miles respectively from Elko, ceived at a pool plant. This would be ac­ The cities of Ogden, Salt Lake City, Nev., in Idaho. Under proponent’s pro­ complished by providing that, for the and Provo, Utah, are the principal cen­ posal to remove Elko, Nev., as a basing purpose of computing a pool plant op­ ters from which fluid milk products are point, any location differential appli­ erator’s obligation on receipts from un­ regularly distributed by handlers within cable to milk diverted to plants at Boise regulated supply plants, the location a radius of 150 miles in various direc­ and Caldwell would be computed from adjustments to both the Class I and uni­ tions. Ogden is about 35 miles north of Ogden, Utah, which is about 327 miles form prices shall be limited so that they Salt Lake City and Provo is 43 miles from Boise, Idaho. may be not less than the Class I I I price. south of Salt Lake City. They represent Because this diverted milk would be No net pool obligation charge should the north-south extremities, respectively, priced at the location of the plant to be made on fluid milk products received of the heaviest population area within which diverted and the adjustment would at a pool plant from an unregulated sup­ which the bulk of the market’s fluid milk be computed from the Ogden basing ply plant when such fluid milk products sales are made to consumers. For this point, thè effect of the revised provisions have been priced as Class I under this reason, these cities should be established would be to apply to the minimum uni­ or any other Federal order. When an as basing points in place of those now form price applicable1 to milk diverted to unregulated supply plant makes Class provided in the order. No adjustment the Boise location an adjustment of I purchases from a regulated plant un­ would apply at any outlying plant within about 47 cents. Such distant supplies of der any order, the obligation to the order 150 miles of these cities because this is milk when diverted to a plant close to pool at the Class I price has been met; an area within which it is more feasible the source of production do not incur and there is no justification for an addi­ to receive direct-ship milk for Class I transportation cost to market and there­ tional charge. On any unpriced milk re­ use rather than to receive it first at a fore should not receive a price as if de­ ceived from an unregulated supply plant, supply plant or receiving station. Vir­ livered to the market center. the Great Basin order will continue to tually all milk regularly received at In view of the change provided herein provide for payment to the producer- Class I processing plants in this market for the “no differential” zone, it is not settlement fund at the difference be­ is received as direct-ship milk. necessary to establish Roosevelt, Utah, tween the Class I and uniform prices. At one time there was a pool distribut­ as a basing zone for computing location 10. Payments out of the producer- ing plant at Winnemucca, Nev., in the differentials. settlement fund. The order provisions extreme western part of the marketing 9. Computation of net pool obligation.applicable to payments from the pro­ area, about 327 miles from Ogden. Offi­ The net pool obligation computation ap-; ducer-settlement fund should not be cial notice is taken of the market ad­ plicable to receipts from unregulated changed. ministrator’s monthly uniform price supply plants should be modified. A cooperative proposed that any han­ announcements since April 1969, which A pool plant operator’s obligation to dler who receives payment from the make clear that the Winnemucca plant the producer-settlement fund includes fund, and in turn fails to pay his pro­ discontinued its pool plant status some a payment on fluid milk products re­ ducers the full uniform price value for months ago. No other Nevada plants are ceived from unregulated supply plants their milk, should receive no further Pool plants under this order. There being that are allocated to Class I. The han­ payments from the fund in the event he no regulated disposition into the mar­ dler’s payment is determined by charg­ does not complete his payments to pro­ keting area from the Winnemucca area, ing him at the Class I price and credit­ ducers in a prior month for which he and such area being essentially rural, ing him at the uniform price. The prices received payment from the producer- the basing point at Elko, Nev., does not used are those applicable at the location settlement fund. serve the basic purpose indicated and of the unregulated supply plant, except The basic purposes of the order are to should be discontinued. Its continued use that an adjustment to the uniform price fix minimum prices that all handlers as a basing point would distort the place is limited so that it may be not less than must pay for producer milk in accord­ value of producer milk at outlying points the Class I I I price. No such limitation ance with the manner in which it is used m relation to the price level at the cen­ applies in adjusting the Class I price and to return to producers the uniform ters of consumption. by the location adjustment applicable price based on the utilization of all pro­ iJr°r rece*ved at a plant located at the location of the unregulated sup­ ducer milk in the market. 150-160 miles from the nearer of the city ply plant. Money is paid into the producer-set­ nails of Ogden or Provo, Utah, the Class A cooperative proposed that the ad­ tlement fund by those handlers whose i and uniform prices should be reduced justment to the Class I price be limited obligation for producer milk received cents per hundredweight. The present in the same way as is the adjustment to during the month is more than the rate of 1.5 cents for each 10 miles or the uniform price. amount they are required to pay pro­ «■action thereof, beyond the 160 miles Under certain conditions (e.g., when ducers for such milk at the uniform price. erem provided, should be retained. This the unregulated supply plant is at a A handler whose utilization is below the ate reasonably represents the cost of great distance from the marketing area), average for the market, and whose obli­ ransporting milk over long distances in the unlimited Class I price adjustment gation for producer milk received during uostantial amounts. Location adjust- could result in the pool plant operator the month is therefore less than the uni­ " lts ¿dr zone differentials) should as- receiving a payment from the producer- form price value, receives payment of the that needed milk will move to settlement fund on Class I milk obtained difference from the producer-settlement ^ ttling plants but at the same time not from the unregulated supply plant. This fund. This equalization process enables courage uneconomic handling of milk would occur when the location adjust­ all handlers to pay their producers the at the expense of the pool. ment applicàble at a distant supply plant uniform price for milk delivered. u -^ ring the past year, a regulated was greater than the difference between No testimony was presented to show landier operating a pool plant at Salt the Class I and Class II I prices. In this that any handler who received payment circumstance, producers under the or­ from the producer-settlement ftind had oflP fflci,al notice is taken of the TJ.S. Census der would be paying from the pool, an failed to pay his producers the full uni­ BurAa*>UlaJ'*on’ for Utah, issued by the unwarranted subsidy to the pool plant form price value for their milk. I f a han­ Commerce ®ensus» U.S. Department of operator for importing milk from a dis­ dler fails to pay his producers the full tant plant. A payment out of the pool on uniform price value for their milk by

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8580 PROPOSED RULE MAKING the dates specified in the order, he is in months or in a future month. It is in­ R u l in g s o n P roposed F in d in g s and violation of the order. Should this occur, tended that the unpaid obligation of a C o n c l u s io n s whether he receives payment from, or handler at the time the interest payment Briefs and proposed findings and con­ makes payment to, the producer-settle­ provision herein proposed would become clusions were filed on behalf of certain ment fund, he is subject to customary effective will be treated in the same man­ interested parties. These briefs, proposed legal procedures to obtain compliance. ner as any unpaid obligation subse­ findings, and conclusions and the evi­ While ostensibly the proposed change quently incurred by the handler. dence in the record were considered in might serve an enforcement function I f a handler refuses or fails to file a making the findings and conclusions set under certain conditions, it is difficult report from which his obligation is com­ forth above. To the extent that the sug­ to conclude that the withholding by the puted, interest should be charged on any gested findings and conclusions filed by market administrator of monies due payments due the market administrator interested parties are inconsistent with producers (through a handler) in the as though the report was filed when due. the findings and conclusions set forth current month necessarily would aid pro­ Otherwise, handlers would be provided herein, the requests to make such find­ ducers. The proposal also involves points an incentive to be delinquent in filing ings or reach such conclusions are denied of enforcement procedure which were not their reports. for the reasons previously stated in this explored on the record. In matters of A handler suggested that the market decision. enforcement, the facts of each case bear administrator be required to pay interest G e n e r a l F in d in g s on the nature of the violation, the extent on any unpaid obligation to a handler. of the violation, and the appropriate The order sets forth clearly the dates by The findings and determinations here­ means of correcting it. The proposal which the market administrator must inafter set forth are supplementary and therefore is denied. pay handlers any amount due them from in addition to the findings and deter­ 11. Interest payments on overdue ac­the producer-settlement fund. He has no minations previously made in connection counts. The unpaid obligation of a han­ authority to delay such payments, the with the issuance of the aforesaid order dler to the market administrator should due dates of which are set forth in the and of the previously issued amendments be increased one percent for each month order. There is no indication that the thereto; and all of said previous findings or portion thereof beginning with the market administrator has at any time and determinations are hereby ratified third day following the date by which failed to make payments as required and affirmed, except insofar as such such obligation is payable. pursuant to the order and there would be findings and determinations may be in A handler proposed that handlers be no reason for him to make late payments conflict with the findings and determi­ required to pay interest on overdue ac­ if all handlers comply with order terms. nations set forth herein. (a) The tentative marketing agree­ counts whether owed to the producer- Moreover, any such interest payments setlement fund, the marketing serv­ could come only from monies paid by ment and the order, as hereby proposed ices fund or for the expense of other handlers for administrative pur­ to be amended, and all of the terms and administration. poses. The proposal is denied. conditions thereof, will tend to effectuate 12. Application of order to cooperative and declared policy of the Act; Prompt payment of monies due the associations. The order’s provisions as (b) The parity prices of milk as de­ market administrator, whether to the they apply to cooperative associations termined pursuant to section 2 of the producer-settlement fund, for expense of should not be changed. Act are not reasonable in view of the administration or for marketing services, A handler proposed that the order be price of feeds, available supplies of feéds, is essential to the operation of the order. revised so that the order would not dif­ and other economic conditions which As herein provided, interest on unpaid ferentiate between a cooperative asso­ affect market supply and demand for obligations would be charged at the rate ciation marketing the milk of its mem­ milk in the marketing area, and the of 1 percent for each month or portion bers and a proprietary handler in the minimum prices specified in the pro­ thereof beginning with the third day fol­ representation of producers. A principal posed marketing agreement and the lowing the due date of an obligation and purpose of the proposal is to enable a order, as hereby proposed to be amended, would be applied until the obligation is handler to act on behalf of his producers are such prices as will reflect the afore­ paid. The 3-day interval between the due in the same manner as if the handler was said factors, insure a sufficient quantity date of an obligation and the time from a cooperative association acting on be­ of pure and wholesome milk, and be in which interest would be computed is a half of its members. the public interest; and reasonable period of time to use as a The provisions in the Great Basin or­ (c) The tentative marketing agree­ basis for the payment of interest on der applicable to cooperative associations ment and the order, as hereby proposed overdue accounts. were established on the basis of testi­ to be amended, will regulate the handling The current scarcity of money and the mony substantiating the inclusion of of milk in the same manner as, and will relatively high rates of interest on com­ these provisions in the order. Although be applicable only to persons in the re­ mercial loans could provide an incentive the proponent proposed removing the spective classes of industrial and com­ for handlers to delay payments to the various references to “ cooperative asso­ mercial activity specified in, a marketing market administrator in lieu of borrow­ ciation” from the order, he provided agreement upon which a hearing has ing needed money from other sources no basis for changing any specific pro­ been held. unless the current rate is increased. visions now applicable to a cooperative R e c o m m e n d e d M a r k e t in g A greement and Commercial loans in the area are avail­ association. O rder A m e n d in g t h e O rder able only at about 12 percent per annum The handler stated that the order pro­ on a secured loan. The rate adopted is visions relative to cooperative associa­ The recommended marketing agree­ reasonable in consideration of today’s tions in the order are not in accordance ment is not included in this decisio financial markets. with law. Section 608c(15)(A) of the because the regulatory provisions thereo The interest payable on overdue ac­ Act provides specific procedures that would be the same as those contain counts should be computed monthly on must be followed by a handler in chal­ in the order, as hereby proposed to the unpaid balance, including any lenging the legality of an order provi­ amended. The following order amending accrued interest. A handler who has not sion. Proponent’s contention, that the the order, as amended, regulating t made payment when due to the market provisions of the order as they refer to handling of milk in the Great Basin administrator has use of such money for cooperative associations are illegal, is marketing area, is recommended as the time beyond which it was due. appropriately resolved in accordance with detailed and appropriate means by wmci Some handlers may have unpaid obli­ such section of the Act rather than the foregoing conclusions may be ca gations due the market administrator through public hearing procedure. when the provision herein proposed 13. Miscellaneous and conforming 1. Section 1136.6 is revised as follows: would become effective. In consideration changes. In §§ 1136.31 and 1136.32 ref­ § 1136.6 Great Basin marketing area. of the main purpose of the interest pro­ erence is made to "the second proviso of vision, i.e., to obtain prompt payments § 1136.11(a).” The latter provision is no “ Great Basin marketing area her for producers, there is no basis for dif­ longer in the order, and the reference inafter called the “marketing. „ ferentiating between unpaid obligations to it in the aforesaid sections should be means all the territory, including^ resulting from milk handled in preceding deleted. ntnvem m en t reservations and msitu

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8581

tions and all municipalities, within the interlocking stockholder) shall be con­ §1136.13 Producer milk. places listed below: sidered as having been received at his “ Producer milk” means only that skim plant; and the utilization for such plant U tah Counties milk and butterfat contained in milk shall include all such route and store Box Elder. Morgan. from producers (in an amount deter­ dispositions; and Cache (city of Salt Lake. mined by weights and measurements for (c) Disposes of no other source milk Logan on ly). Sanpete. individual producers, as taken at the Carbon. Sevier. (except that represented by nonfat solids farm in the case of milk moved from the Daggett. Summit. used in the fortification of fluid milk farm in a tank truck) which is: Davis. Tooele. products) as Class I milk. (a) Received from the producers at a Duchesne. Uintah. 3. Section 1136.9 is revised as follows: Emery. Utah. pool plant but not including milk of Grand. Wasatch. § 1136.9 Handler. producers for which another person is Juab. Weber. “ Handler” means: the handler pursuant to § 1136.9(c): Millard. Provided, That milk received at a pool N evada Counties (a) Any person in his capacity as the operator of one or more (1) pool plants, plant by diversion from a plant at which Elko. White Pine. (2) partially regulated distributing such milk would be fully subject to pric­ ing and pooling under the terms and W yo m in g Co u n t y plants, or (3) other fluid milk plants de­ scribed in § 1136.10(a); provisions of another order issued pur­ Uinta (town of Evanston on ly ). (b) Any cooperative association with suant to the Act shall not be producer milk; 2. Section 1136.8 is revised as follows: respect to milk diverted for its account as described in § 1136.13; (b) Received by a cooperative associa­ § 1136.8 Producer-handler. (c) A cooperative association with re­ tion which is defined as a handler pursu­ “Producer-handler” means any person spect to the milk of its member producers ant to § 1136.9(c); who is an individual, partnership or cor­ which is delivered from the farm to the (c) Diverted from a pool plant to a poration and who meets all the following pool plant of another handler in a tank nonpool plant that is not an other order conditions: truck owned and operated by, or under plant, a producer-handler plant or an (a) Operates a dairy farm(s) from .contract to, such cooperative associa­ exempt distributing plant, subject to the which the milk produced thereon is sup­ tion, if the cooperative association noti­ following conditions: plied to a plant operated by him in ac­ fies the market administrator -and the (1) Such milk shall be deemed to have cordance with the conditions set forth in handler to whom the milk is delivered, in been received by the diverting handler paragraph (b) of this section, and pro- writing prior to the first day of the at the location of the plant to which >,vides proof satisfactory to the market month in which the milk is delivered, diverted; administrator that: that it wishes to be the handler for the (2) Not less than 6 days’ production of (1) The full maintenance of milk- milk. In this case the milk is received the producer whose milk is diverted is producing cows on such farm(s) is at from producers by the cooperative asso­ physically received at a pool plant; his sole risk and under his complete and ciation; and exclusive management and control; (3) To the extent that it would result (d) Any person who does not operate in nonpool plant status for the pool (2) Each such farm is owned or oper­ a plant but who engages in the business ated by him, at his sole risk, and under plant from which diverted, milk diverted of receiving fluid milk products for re- for the account of a cooperative associa­ his complete and exclusive management ' sale and distributes to retail or whole­ and control; and tion from the pool plant of another han­ sale outlets packaged fluid milk products dler shall not be producer milk; (3) Each individual (except, in the received from any plant described in case of a sole proprietorship or partner­ paragraph (a) of this section. (4) A cooperative association may ship operation, an individual who is a 4. Section 1136.10 is revised as follows: divert for its account only the milk of member of his immediate family) work­ ^member producers: Provided, That the ing on the farm is his employee, and §1136.10 Fluid milk plant. total quantity of milk so diverted that such individual does not own, fully or “Fluid milk plant” means a plant: exceeds 25 percent of the milk physically Partially, either the cows producing the (a) In which milk or milk products received at all pool plants from member milk on the farm or the farm on which (including filled milk) are processed or producers in any month of March it is produced; packaged and from which any fluid milk through August, and that exceeds 20 per­ (b) Operates a plant in which milk product is disposed of during the month cent of such receipts in any month of approved by a duly constituted health on routes in the marketing area, or September through February, shall not authority for fluid consumption is proc­ (b) In which milk is received or be producer milk; essed or packaged and is disposed of processed and from which milk or skim (5) The operator of a pool plant other during the month in the marketing area milk is shipped during the month to a than a cooperative association may divert on routes: Provided, That: plant described in paragraph (a) of this for his account only the milk of pro­ (1) No fluid milk products are receivedsection. ducers who are not members of a co­ at such plant or by him at any other operative association: Provided, That location except: §§ 1136.11,1136.12,1136.16 [Amended] the total quantity of milk so diverted Prom dairy farm(s) as specified in 4a. In §§1136.11, 1136.12, and 1136.16, that exceeds 25 percent of the milk paragraph (a)

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8582 PROPOSED RULE MAKING request In writing with the market ad­ (1) Disposed of from a plant in theof bakery products, candy, or packaged ministrator on or before the 1st day of form of a fluid milk product except: food products (other than milk products) the month the agreement is effective. (1) Those classified pursuant to para­ exclusively for consumption off the This request shall specify the basis for graph (c) (3), (4), and (7) of this sec­ premises; and assigning overdiverted milk to the tion; and (8) Contained in any fortified fluid producer members of each cooperative (ii) Any product fortified with addedmilk product in excess of the pounds association according to a method ap­ solids shall be Class I in an amount equal classified as Class I milk pursuant to proved by the market administrator; or only to the weight of an equal volume of paragraph (a) (1) (ii) of this section. (d) Diverted from a pool plant to ana like unmodified product of the same § 1136.42 [Am ended] other order plant if a Class II I classi­ butterfat content; fication (or its equivalent) is designated (2) In packaged fluid milk products in 12. In § 1136.42(a), the references to for such milk pursuant to the provisions inventory on hand at the end of the "§ 1136.44(a) (8),” “ § 1136.44(a) (3),” and of another order issued pursuant to the month; and “ § 1136.44(a) (7 )” are changed to Act and such milk is not subject to the (3) Not otherwise specifically ac­ "§ 1136.44(a) (10),” "§ 1136.44(a)(5),” pricing and pooling provisions of such counted for as Class II or Class II I and "§ 1136.44(a) (9),” respectively. order. The conditions described in sub- utilization. 13. In § 1136.42(c), subparagraph (1) paragraphs (1) through (7) of para­ (b) Class I I milk. Class I I milk shall is deleted; subparagraphs (2), (3), and graph (c) of this section shall apply to be all skim milk and butterfat (except (4) are renumbered subparagraphs (1), this paragraph as if set forth in full that classified pursuant to paragraph (2), and (3) * respectively; and the ref­ herein. (c) (3) and (4) of this section) used to erence to “ subparagraph (4) ” is changed 7. Section 1136.15 is revised as follows: produce cottage cheese. to "subparagraph (3) ” in the two places (c) Class I I I milk. Class II I milk shall it appears in such paragraph. § 1136.15 Fluid milk product. be all skim and butterfat: § 1136.43 [Am ended] "Fluid milk product” means milk, skim (1) Used to produce any product other milk, buttermilk, flavored milk, flavored than a fluid milk product or a Class II 14. In § 1136.43(a), the reference milk drinks, filled milk, cream (sweet or product; to “ § 1136.44(a) (7 )” is changed to sour) except frozen cream, concentrated (2) Contained in inventory of bulk “ § 1136.44(a) (9).” milk (fresh or frozen), fortified milk or fluid milk products on hand at the end 15. Section 1136.44 is revised as skim milk, reconstituted milk or skim of the month; follows: milk or any mixture in fluid form of (3) Contained in the skim milk por­ § 1136.44 Allocation o f skim milk and milk, skim milk and cream (except ice tion only of fluid milk products and butterfat classified. cream, ice cream and other frozen des­ cottage cheese disposed of for livestock After making the computations pur­ sert mixes, eggnog, a product which con­ feed; suant to § 1136.43, the market adminis­ tains six percent or more nonmilk fat (4) Contained in the skim milk por­ trator shall determine each month the (or oil), aerated cream, evaporated or tion only of fluid milk products and cot­ classification of milk received from pro­ condensed milk (plain or sweetened, tage cheese dumped after prior notifica­ ducers by each cooperative association and sterilized products in hermetically tion to and opportunity for verification handler pursuant to § 1136.9 (b) and (c) sealed containers). by the market administrator; which was not received at a pool plant (5) In shrinkage of skim milk and § 1136.22 [Am ended] and the classification of milk received butterfat, respectively, at each pool from producers and from cooperative as­ 8. In § 1136.22(1), the reference to plant, or a handler pursuant to § 1136.9 "§ 1136.44(a) (8 )” is changed to "§ 1136.- sociation handlers pursuant to § 1136.9 (c), assigned pursuant to § 1136.45(b) (c) by each handler (or pool plant, if ap­ 44(a) (10).” (1), but not to exceed the following: 9. Section 1136.31 is revised as follows: plicable) as follows: (i) Two percent of producer milk (ex­ (a) Skim milk shall be allocated in cept diverted m ilk); plus § 1136.31 Other reports. the following manner: (ii) One and one-half percent of milk (1) Subtract from the total pounds of (a) Each producer-handler and each received in bulk tank lots from other handler pursuant to § 1136.9(d) shall skim milk in Class m the pounds of pool plants; plus skim milk classified as Class III pur­ make reports to the market administra­ (iii) One and one-half percent of suant to § 1136.41(c) (5 ); tor at such time and in such manner as milk received from a handler pursuant to the market administrator shall request. (2) Subtract from the total pounds of § 1136.9(c) (except that if the handler skim milk in Class I the pounds of skim (b) Each handler who operates an­ operating the pool plant files notice with milk in fluid milk products received in other order plant with disposition of the market administrator that he is pur­ packaged form from an unregulated fluid milk products on routes in the mar­ chasing such milk on the basis of farm supply plant to the extent that an equiv­ keting area shall report such disposition weights, the applicable percentage shall alent amount of skim milk disposed of to to the market administrator on or before be 2 percent); plus such plant by handlers under this or any the seventh day after the end of each (iv) One and one-half percent of other order issued pursuant to the Act month. receipts of fluid milk products in bulk is classified and priced as Class I nulls * # * * * from an other order plant, exclusive of and is not used as an offset on any other 10. In § 1136.32, the introductory text the quantity for which Class III utiliza­ payment obligation under this or any tion was requested by the operator of is revised as follows: other order; . . such plant and the handler; plus (3) Subtract from the remaining §1136.32 Payroll reports. (v) One and one-half percent of re­ pounds of skim milk in each class the Each handler, except one exempt pur­ ceipts of fluid milk products in bulk from pounds of skim milk in fluid milk prod­ suant to § 1136.61 or one making pay­ unregulated supply plants, exclusive of ucts received in packaged form from ment pursuant to § 1136.62(b), shall re­ the quantity for which Class in utiliza­ other order plants, except that to port to the market administrator as tion was requested by the handler; less subtracted pursuant to subparagrapn (vi) One and one-half percent of milk follows: (5) (iv) of this paragraph, as follows: disposed of in bulk tank lots to other * * * * * pool plants (except when the exception (i) From Class II I milk, the lesser o 11. Section 1136.41 is revised as specified in subdivision (iii) of this sub- the pounds remaining or the quantity follows: paragraph applies, the applicable per­ associated with such receipts and clas­ sified as Class i n pursuant to § § 1136.41 Classes o f utilization. centage shall be 2 percent); (6) In shrinkage assigned pursuant to (c) (8) plus 2 percent of such receip ^ Subject to the conditions set forth in § 1136.45(b) (2) i (weight of an equal volume of a.like un­ §§ 1136.42 through 1136.45, the classes (7) In fluid milk products delivered in modified product of the same butter of utilization shall be as follows: bulk form to and used at a commercial content); (a) Class I milk. Class I milk shallfood processing establishment (other (ii) From Class I milk, the remainder be all skim milk and butterfat: than a milk plant) in the manufacture of such receipts; and

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8583

(iii) In the event that packaged other (iii) Receipts of fluid milk products in (a) Class I milk price. The price for order milk receipts (including filled bulk from an other order plant, that Class I milk shall be the basic formula milk) are in excess of the total amount were not subtracted pursuant to sub- price for the preceding month plus $2.02 subtracted pursuant to subdivisions (i) paragraph (5) (v) of this paragraph, in and plus 20 cents. and (ii) of this subparagraph the re­ excess of similar transfers to such plant, ♦ * * * * maining quantity shall be subtracted if Class in utilization was requested by 17. Section 1136.52(a) is revised as from the utilization remaining in Class the transferee handler and the operator follows: III and then Class II; of the transferor plant requests the low­ (4) Except for the first month that est class utilization under the other §1136.52 Butterfat* differentials to this subparagraph is effective, subtract order; handlers. from the remaining pounds of skim (7) Subtract from the pounds of skim * * * • * milk in Class I the pounds of skim milk milk remaining in each class, in series (a) Class I milk. Multiply the butter in inventory of packaged fluid milk beginning with Class I I I milk, the price for the preceding month by 1.20, products on hand at the beginning of pounds of skim milk in inventory of divide the result by 10, and round to the the month: Provided, That this sub- fluid milk products on hand at the be­ nearest one-tenth cent. paragraph shall not be applicable to a ginning of the month that were not sub­ * * * * * tracted pursuant to subparagraph (4) of pool plant in any month immediately 18. Section 1136.53(a) is revised as this paragraph; following a month in which such plant follows: was not fully subject to the pooling and (8) Add to the remaining pounds of pricing provisions of this order; skim milk in Class II I milk the pounds § 1136.53 Location differentials to (5) Subtract in the order specified be­ subtracted pursuant to subparagraph handlers. low, from the pounds of skim milk re­ (1) of this paragraph; (a) For milk which is received from maining in each class, in series beginning (9) Subtract from the pounds of skim producers at a pool plant, or is diverted with Class HI, the pounds of skim milk milk remaining in each class, pro rata to therefrom, or is delivered by a coopera­ in each of the following: such quantities, the pounds of skim milk tive association pursuant to § 1136.9(c) (i) Other source milk in a form other in receipts of fluid milk products from to a pool plant and which is classified than that o f a fluid milk product; unregulated plants which were not sub­ as Class I milk or assigned Class I loca­ (ii) Receipts of fluid milk products tracted pursuant to subparagraph (2), tion adjustment credit pursuant to para­ (except filled milk) not qualified for fluid (5) (iv), or (6) (i) or (ii) of this graph (b) of this section and for other consumption and receipts of fluid milk paragraph; source milk for which a location adjust­ products from unidentified sources; (10) Subtract from the pounds of skim ment is applicable, the price computed (iii) Receipts of fluid milk products milk remaining in each class, in the fol­ pursuant to § 1136.50(a) shall be reduced from a producer-handler (as defined lowing order, the pounds of skim milk in as follows: under this or any other Federal order) receipts of fluid milk products in bulk Rate and from exempt distributing plants; from an other order (plant), in excess per (iv) Receipts of reconstituted skim in each case of similar transfers to the hundred­ milk in filled milk from unregulated sup­ same plant, which were not subtracted weight ply plants that were not subtracted pur­ pursuant to subparagraph (5) (v) or (6) Distance (miles) : suant to subparagraph (2) of this para­ (iii) of this paragraph: 150 but not more than 160______22. 0 graph; and (i) In series beginning with Class III, For each additional 10 miles or frac­ (v) Receipts of reconstituted skim the pounds determined by multiplying tion thereof in excess of 160______1. 5 milk in filled milk from other order the pounds of such receipts by the larger Such distance to be measured from the plants which are regulated under an of the percentage of estimated Class n plant to the nearer of the city halls in order providing for individual handler and Class II I utilization of skim milk Ogden or Provo, Utah; pooling to the extent that reconstituted announced for the month by the market * * * * * skim milk is allocated to Class I at the administrator pursuant to § 1136.22(1) transferor plant; or the percentage that Class n and Class § 1136.61 [Am ended] (5a) Subtract from the pounds o f III utilization remaining is of the total 19. In §1136.61(d)(2), add immedi­ skim milk remaining in Class I I and remaining utilization of skim milk at the ately following “other order plant” the Class m , beginning with Class II, re­ pool plant of the handler; and following: “ (but the adjusted price not ceipts from pool plants of other han­ (11) From Class I, the remaining to be less than the Class in price) ”. dlers (or other pool plants if applicable) pounds of such receipts; 20. Section 1136.62(b) (2) is revised as m the form of cottage cheese; (11) Subtract from the pounds of follows: (6) Subtract, in the order specifiedskim milk remaining in each class the oelow, from the pounds of skim milk re­ pounds of skim milk received in fluid § 1136.62 Obligation o f handler operat­ maining in Classes H and m (beginning milk products from pool plants of other ing a partially regulated distributing with Class III) but not in excess of such handlers according to the classification plant. quantity: assigned pursuant to § 1136.42(a); * * * * * - (1) Receipts of fluid milk products (12) I f the pounds of skim milk re­ (b ) * * * " ° m an unregulated supply plant, that maining in all classes exceed the pounds (2) Deduct the respective amounts of were not subtracted pursuant to sub­ of skim milk in producer milk, subtract skim milk and butterfat received at the paragraphs (2) and (5) (iv) of this such excess from the pounds of skim milk partially regulated distributing plant: r*u ~for wWch the handler requests remaining in each class in series begin­ Class m utilization; (i) As Class I milk from pool plants ning with Class III. Any amount so sub­ and other order plants, except that de­ (ii) Receipts of fluid milk products tracted shall be known as “overage” ; «■om an unregulated supply plant, that ducted under a similar provision of an­ (b) Butterfat shall be allocated in ac­other order issued pursuant to the Act; no*® no* subtracted pursuant to Sub- cordance with the procedure outlined and Paragraphs ( 2) and (15) (iv ) of this for skim milk in paragraph (a) of this rvM,«jrapk’ which are in excess o f the (ii) From a nonpool plant that is not section; and an other order plant to the extent that follows* s^ m uufk determined as ' (c) Combine the amounts of skim milk an equivalent amount^of skim milk or Multiply the pounds of skim milk and butterfat determined pursuant to butterfat disposed of to such nonpool paragraphs (a) and (b) of this section in 1 by 1.25; and into one total for each class and deter­ plant by handlers under this or any other of Subtract from the result the sum order issued pursuant to the Act is clas­ e ,P°unds of skim milk in producer mine the weighted average butterfat content of producer milk in each class. sified and priced as Class I milk and is othw- v,n receiPts from pool plants of from il?'ndlers’ and in receipts in bulk 16. Section 1136.50(a) is revised asnot used as an offset on any other pay­ follows: suhfvo?.+ j1" or^er Plants, that were not ment obligation under this or any other (5WTr\Tl, Pursuant to subparagraph §1136.50 Class prices. order; KY) of this paragraph; • * * * * * * * * *

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107- 8584 PROPOSED RULE MAKING

21. In § 1136.62(b) (5), add immediately (c) Class I milk disposed of from a Therefore, pursuant to provisions of following the second reference therein partially regulated distributing plant on the Federal Food, Drug, and Cosmetic to “ Class I price applicable at the loca­ routes in the marketing area that ex­ Act (secs. 401, 701, 52 Stat. 1046, 1055, tion of the nonpool plant” the follow­ ceeds the Class I milk: as amended 70 Stat. 919, 72 Stat. 948; ing: “ (but the adjusted price not to be (1) Received during the month at such 21 U.S.C. 341, 371) and under authority less than the Class in price) plant from pool plants and other order delegated to the Commissioner (21 CFR 22. Section 1136.70 is revised. as plants that is not used as an offset under 2.120), the subject proposal of October 9, follows: a similar provision of another order is­ 1969 (34 F.R. 15657), is hereby with­ sued pursuant to the Act; and drawn and rulemaking proceedings in § 1136.70 Computation o f the net pool this matter are terminated. obligation of each pool handler. (2) Specified in § 1136.62(b) (2) ( i i ) . 24. A new § 1136.88 is added as follows: The net pool obligation of each pool Dated: May 25, 1970. § 1136.88 Interest payments. handler (at each pool plant, if appli­ C h a r le s C. E dwards, cable) and of each cooperative associa­ The unpaid obligation of a handler Commissioner of Food and Drugs. tion handler pursuant to § 1136.9 (b) and pursuant to §§ 1136.82, 1136.84, 1136.86, [F.R. Doc. 70-6801; Filed, June 2, 1970; (c) shall be a stun of money computed and 1136.87 shall be increased 1 percent 8:47 a.m.] each month by the market administrator for each month or portion thereof begin­ as follows: ning with the third day following the (a) Multiply the quantity of producer date by which such obligation was pay­ Public Health Service milk in each class as computed pursu­ able: Provided, That: ant to § 1136.44(c) by the applicable (a) The amounts payable pursuant to [ 42 CFR Part 37 1 class price; this section shall be computed monthly ROENTGENOGRAPHIC EXAMINA­ (b) Add the amount obtained from on each unpaid obligation, which shall TIONS OF COAL MINERS multiplying the overage deducted from include any unpaid interest charges pre­ each class pursuant to § 1136.44(a) (12) viously made pursuant to this section; Proposed Specifications and the corresponding step of § 1136.44 and (b) by the applicable class price; (b) For the purpose of this section, Notice is hereby given that the Secre­ tary of Health, Education, and Welfare any obligation that was determined at a (c) Add the amount obtained from proposes to amend Title 42, Code of Fed­ date later than that prescribed by the multiplying the Class III price for the eral Regulations by adding a new Part 37 preceding month and the Class I price order because of a handler’s failure to which sets forth the specifications for for the current month by the hundred­ submit a report to the market adminis­ giving, reading, classifying and submit­ weight of skim milk and butterfat sub­ trator when due shall be considered to ting the chest roentgenograms required tracted from Class I pursuant to § 1136.45 have been payable by the date it would to be given to underground coal miners (a )(7 ) and the corresponding step of have been due if the report had been filed by section 203 of the Federal Coal Mine § 1136.44(b) for the current month; when due. Health and Safety Act (Public Law (d) Add an amount equal to the differ­ Signed at Washington, D.C., on May 27, 91-173). ence between the Class I and Class II I 1970. The Act directs that every miner be price values at the pool plant of the skim J o h n C. B l u m ,- given an opportunity to have an initial milk and butterfat subtracted from Class Deputy Administrator, chest X-ray by June 30, 1971, and that I pursuant to § 1136.44(a) (5) and the Regulatory Programs. mine operators provide the roentgeno­ corresponding step of § 1136.44(b), ex­ [F.R. Doc. 70-6811; Filed, June 2, 1970; grams in accordance with specifications cept that for receipts of fluid milk prod­ 8:48 a.m.] prescribed by the Secretary. The regula­ ucts assigned to Class I pursuant to tions would require operators to provide § 1136.44(a) (5) (iv) and (v) and the the roentgenograms in accordance with corresponding step of § 1136.44(b) the a plan which meets the specifications and Class I price shall be adjusted to the DEPARTMENT OF HEALTH, which has been approved by the Secre­ location of the transferor plant (but the tary. The regulations also would require adjusted price not to be less than the the physician who will read and classify Class III price); and EDUCATION, AND WELFARE the roentgenograms to have demon­ (e) Add the value at the Class I price, Food and Drug Administration strated proficiency in the use of the ILO adjusted for location of the nearest non­ or UICC/Cincinnati Classifications o f the pool plant(s) from which an equivalent [ 21 CFR Part 18 ] Pneumoconiosest by either submitting sample chest roentgenograms that have volume was received (but the adjusted IMITATION MILKS; STANDARDS OF price not to be less than the Class III been classified properly under section price) of the skim milk and butterfat IDENTITY AND QUALITY 37.31 or by successfully completing a subtracted from Class I pursuant to Notice of Withdrawal of Proposal course in one of the classification systems § 1136.44(a) (9) and the corresponding which is approved by the Bureau of Oc­ step of § 1136.44(b), excluding such skim In the matter of establishing a defini­ cupational Safety and Health. A classifi­ milk or butterfat in bulk receipts of fluid tion and standard of identity and a cation course by the American College milk products from an unregulated sup­ standard of quality for imitation milks: of Radiology has' been approved ana ply plant to the extent that an equivalent Thirty-five comments were received in scheduled for June 13-14, 1970, in Wash­ amount of skim milk or butterfat dis­ response to the proposal in the above- ington, D.C. Any plans in which a physi­ posed of to such plant by handlers under identified matter published on the ini­ cian signifies an intent to take an this or any other order issued pursuant tiative of the Commissioner of Food approved course may be approv to the Act is classified and priced as and Drugs in the F ederal R egister of conditionally as provided in section si. • Class I milk and is not used as an offset October 9, 1969 (34 F.R. 15657). None of It is propsed to make the regulatio on any other payment obligation under those commenting favored adoption of effective on the date of their republic this or any other order. the proposal as published. Inasmuch as tion in the F ederal R e g ister . . 23. Section 1136.86 is revised as follows: the production of the foods to which the Inquiries may be addressed, and da . proposed standards would apply has views, and argument concerning tn §1136.86 Expense of administration. steadily declined and is now negligible, proposed regulations may be submit- ***** the Commissioner concludes that such to the Bureau of Occupational Safety am* (b) Other source milk allocated tostandards should not be established at Health, Environmental Health Ser > Class I pursuant to § 1136.44(a) (5) and this time. If substantial amounts of imi­ 5600 Fishers Lane, Rockville, Md. 208o_ (9) and the corresponding steps of tation milks again appear in the market­ Since failure promptly to ftdQP* t § 1136.44(b), except such other source place, the Commissioner will reconsider regulations would work to the detrun milk on which no handler obligation ap­ promulgation of standards for these of those coal mine operators plies pursuant to § 1136.70(e); and foods. of those miners working in such m >

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8585 the Department finds that it is in the have direct contact with underground (2) A time schedule for the required public interest to limit the time f or sub­ coal mining or with coal processing roentgenograms which includes the num­ mitting comments to 20 days following operations. ber of miners to be given or offered the publication of these proposed regula­ (h) “New miner” means any individ­ roentgenograms under the plan; tions in the F ederal R egister. ual who began working in or at an under­ (3) A description of the location or Part 37 would provide as follows: ground coal mine for the first time subse­ locations at which roentgenograms will quent to December 30, 1969, but does not be given and a showing of convenience PART 37— SPECIFICATIONS FOR MED­ include any surface worker who does not of such location(s) to the miners covered ICAL EXAMINATIONS OF UNDER­ have direct contact with underground by the plan; GROUND COAL MINERS coal mining or with coal processing oper­ (4) Names and qualifications, includ­ ations. ing specialty training and experience, of Sec. 37.1 Scope. (i) “ Operator” means any owner, the individual (s) who will give, read 37.2 Definitions. lessee, or other person who operates, con­ and classify the chest roentgenograms, 37.3 Chest roentgenograms required for trols, or supervises an underground coal the office address(es), State license num­ miners and new miners. mine. ber (s), and date of last State, county, 37.4 Plans for chest roentgenographic ex­ (j) “ILO Classification” means the ex­ or city inspection certificate of the aminations. tended form of the 1968 revision of thé roentgenographic equipment to be used; 37.5 Approval of plans. International Labour Office’s scheme for 37.6 Roentgenographic examinations con­ (5) A statement of the steps that have ducted by the Secretary. classifying the pneumoconioses. been taken to assure confidentiality of 37.7 Transfer of affected miner to less (k) “UICC/Cincinnati Classification” medical records and roentgenographic dusty area. means the classification of the pneumo­ findings. conioses devised in 1968 by a Working Specifications foe G iving Chest (b) The operator shall advise the R oentgenograms Committee of the International Union Bureau of any change in its plan. Against Cancer. (c) Where the Secretary has reason 37.20 General Provisions. to believe that he will deny approval of 37.21 Ability to take high quality chest § 37.3 Chest roentgenograms required roentgenograms. for miners and new miners. a plan he will, prior to the jdenial, give 37.22 Protection against radiation emitted reasonable notice in writing to the op­ by roentgenographic equipment. (a) Every operator shall provide to erator (s) and opportunity to amend the each miner presently working in or at plan. The notice shall specify the grouhd Specifications foe Reading, Classifying , and any of its underground coal mines an Subm itting Film s upon which approval is proposed to be opportunity for: denied. 37.30 Reading and classifying chest roent­ ( l ) An initial chest roentgenogram by genograms. (d) Every approved plan for chest June 30,1971, provided that this require­ roentgenographic examination shall be 87.31 Proficiency in the use of the ILO or ment will be considered as having been UICC/Cincinnati Classifications. resubmitted for approval every 3 years 37.32 Submitting required chest roentgeno­ fulfilled with respect to any miner for or at such intervals as the Secretary grams. whom is submitted a chest roentgeno­ may prescribe. 37.33 Notification to miners or abnormal gram which meets the requirements of findings. 37.20(d) and which was taken on or after § 37.5 Approval o f plans. Authority: The provisions of this Part 37 June 30,1969; (a) If, after review of any plan sub­ issued under the authority of sec. 203,83 Stat. (2) A second chest roentgenogram by mitted pursuant to this part, the Sec­ 763; Public Law 91-173. June 30,1974; and retary determines that the action to be (3) Such subsequent chest roentgeno­ § 37.1 Scope. taken by the operator or group of oper­ grams as the Secretary prescribes in this ators meets the specifications of this part The provisions of this part set forth the subsection. and will effectively achieve its purpose, specifications for giving, reading, classi­ (b) Every operator shall provide to the Secretary will forward written no­ fying, and submitting chest roentgeno­ each new miner presently working in or tice of his approval of such plan to the grams required by section 203 of the Act at any of its underground coal mines: operator(s) submitting the plan. Such to be given to underground coal miners (1) An initial chest roentgenogram as approval may be conditioned upon such and new miners. soon as possible but in no event later terms as the Secretary deems necessary than six months after commencement of § 37.2 Definitions.- to carry out the purposes of section 203 his employment; of the Act. As used in this part, all terms not de­ (2) A second chest roentgenogram 3 nned herein shall have the meaning given years following the initial roentgeno­ (b) I f a plan is denied approval, the them in the Act. gram if the miner is still engaged in Secretary shall advise the operator (s) (a) “Act” means the Federal Coal underground coal mining; and in writing of the reasons therefor. Mine Health and Safety Act of 1969 (3) A third chest roentgenogram 2 § 37.6 Roentgenographic examinations (Public Law 91-173). years following the second chest roent­ conducted by the Secretary. (b) “Secretary” means the Secretary genogram if the miner is still engaged of Health, Education, and Welfare. .(a) The Secretary will give chest in underground coal mining and if the roentgenograms or make arrangements (c) “Bureau” means the Bureau of second chest roentgenogram shows any occupational Safety and Health, En­ with an appropriate person, agency or evidence of dust retention; institution to give the chest roentgeno­ vironmental Health Service, 1014 Broad­ (4) Such subsequent chest roentgeno­ way, Cincinnati, Ohio 45202. grams required by this part in the locality grams as the Secretary prescribes in this where the miner resides, at the mine, tt id) "Panel ° f Radiologists” means the subsection. p • Public Health Service Consultant or at a medical facility in a town easily (c) The operator shall provide the accessible to a mining community or 5?®®* of Radiologists, 1014 Broadway, chest roentgenograms in accordance Cincinnati, Ohio 45202. mining communities, under the follow­ with a plan which meets the specifica­ ing circumstances: ia«GT '^ P O R D ” means the Appalach­ tions of this part and which is approved (1) Where, due to the lack of ade­ ian Laboratory for Occupational Respi­ by the Secretary pursuant to 37.5. ratory Diseases, Environmental Health quate medical or other necessary facil­ § 37.4 Plans for. chest roentgenographic ities or personnel at the mine or in the 26505Ce’ B°X 4258, Morgantown, W. Va. examinations. locality where the miner resides, the re­ (f) “Chest roentgenogram” means an (a) Every plan for chest roentgeno­quired roentgenographic examination A-ray view of the chest, graphic examination of underground cannot be given. is . ^ n.er” means any individual who coal miners and new miners shall be (2) Where the operator has not sub­ working in or at any underground coal submitted in writing to the Bureau by mitted an approvable plan. in rf a ^ w^ ° ^las boon employed to work June 15,1970, and shall include: (3) Where, after commencement of or hi* any underground coal mine on (1) The name (s) and address (es) ofan operator’s program pursuant to an w X ore Decernber 30,1969, but does not the operator or group of operators approved plan, the Secretary, after no­ uae any surface worker who does not participating in the plan; tice to the operator of his failure to

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8586 PROPOSED RULE MAKING follow the approved plan and, after al­ have a broad range of contrast, i.e. a the same roentgenograms submitted pur­ lowing 30 days to bring the program into long gray scale, and shall permit the suant to section 37.21) or; compliance, the Secretary determines study of pulmonary detail as well as an (b) Successful completion of a course and notifies the operator that the oper­ adequate viewing of the mediastinum. approved by the Bureau in the ILO or ator’s program still fails to comply with (e) Upon notification by the Secretary UICC/Cincinnati Classification Systems. that a film or group of films is not ade­ the approved plan. § 37.32 Submitting required chest roent­ (b) The operator of the mine shall re­quate for the purpose for which they genograms. imburse the Secretary or such other per­ were intended, the mine operator shall son, agency, institution, as the case may make provision for additional films to be All chest roentgenograms required to be, for the actual cost of conducting taken and submitted. be taken under this part, together with each examination made in accordance (f) No payment may be required of their interpretations, the work histories, with this section. any miner in connection with any exam­ and the consent-release forms shall be ination or test given to him under the submitted to ALFORD and become the § 37.7 Transfer of affected miner to less Act. property of the U.S. Public Health dusty area. Service. § 37.21 Ability to take high quality chest (a) Any miner who, in the judgment roentgenograms. § 37.33 Notification to miners of abnor­ of the Secretary based upon reading of mal findings. a chest roentgenogram or the result of Ability to take high quality chest roent­ other medical examinations shows cate­ genograms shall be demonstrated by sub­ Findings or suspected findings of en­ gory 2(2/1) pneumoconiosis or develop­ mitting from the physician’s files to the larged heart, tuberculosis, lung cancer, ment of category 1(1/0) pneumoconiosis Panel of Radiologists six sample chest or any other significant abnormal find­ in less than 10 years (ILO or UICC/ roentgenograms which are of acceptable ings other than pneumoconiosis shall be Cincinnati Classification) shall be af­ quality to the Panel. These may be the communicated by the physician reading forded the option of transferring from same roentgenograms submitted pursu­ and classifying the roentgenogram to his position to any position in any area ant to section 37.31(a) and will be the miner or new miner or to his desig­ of the mine where the concentration of returned to the physician. nated physician, as indicated on the consent form, and a copy of the com­ respirable dust in the mine atmosphere § 37.22 Protection against radiation is not more than 2.0 mg./m.3 of air. munication shall be submitted to emitted by roentgenographic equip­ ALFORD. (b) Effective December 31, 1972, the ment. * option of transferring shall be to any N o t e : Guidelines for the selection of equip­ Fixed roentgenographic equipment, its ment and recommendations for the technique area in the mine where the concentra­ use and the facilities in which such equip­ for obtaining high quality roentgenograms tion of respirable in the mine atmosphere ' ment is used, shall conform to the recom­ are available to any interested person. Be­ is not more than 1.0 mg./m.3 of air, or, mendations of the National Council on quests should be directed to the Bureau of if such level is not attainable in such Radiation Protection and Measurements Occupational Safety and Health, 1014 Broad­ mine, to a position in the mine where the in NCRP Report No. 33 “Medical X-Ray way, Cincinnati, Ohio 45202. concentration is the lowest attainable and Gamma-Ray Protection for Energies Dated: May 26, 1970. below 2.0 mg./m.3 of air. up to 10 MeV—Equipment Design and (c) Any transfer under this section Use” (Issued February 1, 1968) which /s/R obert H. F in c h , Secretary. shall be for such period or periods as document is hereby incorporated by may be necessary to prevent further de­ reference and made a part hereof. This [F.R. Doc. 70-6768; Filed, June 2, 1970; velopment of pneumoconiosis, and dur­ document is available for examination 8:48 a.m.] ing such period or periods, the miner at the Bureau, ALFORD, the Bureau of shall receive compensation for his work Occupational Safety and Health, 5600 at not less than the regular rate of pay Fishers Lane, Rockville, Md., and at the received by him immediately prior to his Public Health Service Information Cen­ DEPARTMENT OF HOUSING transfer. ter or Regional Office Information Cen­ S pecifications for G iv in g C h e s t ters as listed in 45 CFR 5.31. Copies of AND URDAN DEVELOPMENT R oentgenograms the document.may be purchased for $0.75 each from NCRP Publications, Post [ 24 CFR Part 41 1 § 37.20 General provisions. Office Box 4867, Washington, D.C. 20008. RELOCATION PAYMENTS (a) The chest roentgenographic ex­ S pecifications for R e a d in g , C l a s s if y in g , Notice of Proposed Rule Making amination shall be given in the locality and S u b m it t in g F il m s in which the miner resides or in a loca­ Pursuant to the authority contained tion that is equivalent with respect to §37.30 Reading and classifying chest in section 114 of the Housing Act “ 1 convenience of time and place. Examina­ roentgenograms. (42 U.S.C. 1465); section 311(a) “ toe tions at the mine during, immediately (a) Chest roentgenograms shall be Housing and Urban Development Act preceding, or immediately following work classified according to the ILO or 1965 (42 U.S.C. 1468); section 514 ol tne and a “no-appointment” examination at UICC/Cincinnati Classification only. Housing and Urban Development Act a medical facility in a town easily acces­ (b) Reading and classification shall be 1968 (42 U.S.C. 1468a); section 51b or sible to a mining community or mining only by a physician who regularly reads the Housing and Urban Development Act communities shall be considered of chest roentgenograms and who has dem­ of 1968 (42 U.S.C. 1465(c)); section 4U equivalent convenience for purposes of onstrated proficiency in the use of the (a) of the Housing and Urban Develop­ this section. ILO or UICC/Cincinnati Classification ment A ct'of 1965 (42 U.S.C. 3074), (b) The initial chest roentgenographic Systems in accordance with section 37.31. tion 107 of the Demonstration Cities an examination shall be supplemented by a Metropolitan Development Act oi completed work history and miner’s con­ § 37.31 Proficiency in the use of the IL O (42 U.S.C. 3307); section 15(8) oi i sent and release form furnished by the or UICC/Cincinnati Classifications. United States Housing Act of lVfJ U.S. Public Health Service. Proficiency in the use of the ILO or U.S.C. 1415(8)); and 7(d) of toe De (c) A roentgenographic examination UICC/Cincinnati shall be demonstrated partment of Housing and Urban De shall be given by or under the supervision by either: inent Act (42 U.S.C. 3535(d)); it is of a physician who regularly takes chest (a) Submitting from the physician’s posed to issue regulations governing roentgenograms and who has demon­ files six sample chest roentgenograms to making of relocation payments in strated his ability to take high quality the Panel of Radiologists which are con­ nection with projects and program chest roentgenograms in accordance with sidered properly classified by the Panel. sisted by the Department of Housing, ana section 37.21. The submission shall consist of two with­ Urban Development. These regulations (d) Every chest roentgenogram shall out pneumoconiosis, two with simple would supersede those currently ®PP rt be a posteroanterior view on a 14" x 17" - pneumoconiosis, and two with compli­ ing at 24 CFR Parts 3, 4, and 6, Subpa q film, contain the date of exposure and cated pneumoconiosis and will be re­ B, and 44 CFR Part 710 (and wouldal^ the social security number of the miner, turned to the physician. (These may be supersede such portions of the Lo

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8587

Housing Relocation Handbook, RHA which provided that title I urban renewal 114 (b), (c), and (d),,of title I of the Housing Act of 1949 shall be applicable 7412.1, chapters 2-7, and CDA letter No. projects may include the making of re­ to relocation payments made in connec­ 5, MCGR 3100.5, chapters 5 and 6, as cure location payments subject to rules and tion with low-rent public housing proj­ duplicated by or are inconsistent with regulations prescribed by the Housing and Home Finance Administrator. Sec­ ects assisted by the Department of tl# provisions of this p art). Housing and Urban Development. Interested persons are invited to sub­ tion 106(f) was amended by section 304 mit written comments, suggestions, or of the Housing Act of 1957 (71 Stat. 300), § 41.2 Definitions. objections regarding the proposed regu­ section 409 of the Housing Act of 1959 (73 Stat. 673), and section 304 of the For the purpose of the regulations in lations to the Relocation and Special this part, the following terms shall Services Division, Office of the Assistant Housing Act of 1961 (75 Stat. 167). Sec­ tion 310 of the Housing Act of 1964 mean: Secretary for Renewal and Housing (a) Actual direct loss of property. Management, Washington, D.C. 20410, amended title I by adding a new section 114 (78 Stat. 788, 42 U.S.C. 1465) and Actual loss in the value of property .(ex­ within 30 days of publication of this clusive of goods or other inventory kept notice in the F ederal R egister. incorporated therein, with additional provisions, the former section 106(f) of for sale) sustained by the site occupant The proposed regulations are as by reason of the disposition or abandon­ title I, which was repealed (42 U.S.C. follows: 1456(f)). Section 311(a) of the Housing ment of the property resulting from the pite occupant’s displacement. A loss re­ and Urban Development Act of 1965 PART 41— RELOCATION PAYMENTS sulting from damage to the property amended title I by adding a new section while being moved is not included. Subpart A— General 117 (79 Stat. 478, 42 U.S.C. 1468), provid­ Sec. (b) Agency. (1) In an urban renewal ing for grants for programs of code area, the local public agency (LPA) 41.1 Statement of applicable law. enforcement and providing that the pro­ 41.2 Definitions. authorized to undertake an urban re­ 41.3 Relocation payments by the Agency. visions of section 114 shall be applicable newal project being assisted under title 41.4 Relocation adjustment payment; ad­ to such programs. Section 514 of the I of the Housing Act of 1949 (42 U.S.C. ditional relocation payment; re­ Housing and Urban Development Act of 1450)'; placement housing payment. 1968 (82 Stat. 525, 42 U.S.C. 1468a) 41.5 Small business displacement payment. (2) In a code enforcement area or amended title I by adding a new section demolition grant area, the code agency; 41.6 Notice of intention to move. 118, providing for grants for programs 41.7 Determining moving expenses of busi­ (3) In an area receiving interim as­ ness concerns. of interim assistance for slums and sistance, the city, other municipality, or 41.8 Determining actual direct loss of blighted areas and providing that the county; v provisions of section 114 of title I shall property. (4) In an area receiving assistance in 41.9 Outdoor advertising display. be applicable to all activities assisted the development, acquisition, or admin­ 41.10 Fixed relocation payments to in­ pursuant to section 118 to the same ex­ dividuals and families. tent as if"such activities were being car­ istration of low-rent housing or slum 41.11 Administration of relocation pay­ ried out as part of an urban renewal clearance projects by a local housing au­ ments. thority, the local housing authority 41.12 Filing of claims. project. Section 516 of the Housing and Urban Development Act of 1968 (82 Stat. (LH A) ; 41.13 Limitations on amount of relocation (5) In an open-space area or an area payments. 526, 42 U.S.C. 1465(c)) amended section 41.14 Condemnation proceedings and nego­ 114(c) by expanding the relocation pay­ receiving assistance pursuant to the his­ tiated purchases. ments provisions applicable to the pro­ toric preservation or urban beautifica­ 41.15 Waiver. grams of the Department of Housing tion programs, a public body authorized and Urban Development. to acquire real property in the locality Subpart B— Requirements Relating to Specific to carry out these programs; Programs (b) Section 404(a) of the Housing and Urban Development Act of 1965 (79 Stat. (6) In a neighborhood facilities grant 41.21 Statement of applicability. àrea, a governmental entity authorized 41.22 Urban renewal and neighborhood de­ 486, 42 U.S.C. 3074) provides that the velopment programs. provisions of section 114 (b ), (c ), and (d) to carry out a project and to provide 41.23 Code enforcement or demolition of title I of the Housing Act of 1949 continuing control over the use of the grants. shall be applicable, to the extent not project facilities; . 41.24 Interim assistance areas. otherwise authorized by any other Fed­ (7) In an area receiving assistance for 41.25 Low-rent public housing. eral law, to any federally assisted de­ activities pursuant to the Public Facili­ 41.26 Open-space land urban beautification, velopment program. Section 401 of the ties Loans Program, the Water and Sewer and historic preservation. 41.27 Neighborhood facilities projects. Housing and Urban Development Act of Facilities Grant Program, or the Ad­ 41.28 Public facility loans; grants for basic 1965 (79 Stat. 485, 42 U.S.C. 3071) defines vance Acquisition of Land Program, any water and sewer facilities; and development program to include any public body or private nonprofit corpo­ grants for advance acquisition of program established by or conducted ration authorized to acquire or utilize land. under title n of the Housing Amend­ real property in the course of such pro­ 41.29 Model Cities. ments of 1955 (69 Stat. 642, 42 U.S.C. grams; and Authority: The provisions of this Part 1491) (public facility loans); title VH (8) In a model cities area, the munic­ 41 issued under section 114 of Housing Aot of the Housing Act of 1961 (75 Stat. 183, ipality, county, or any local public body of 1949 (42 U.S.C. 1465) ; sec. 404(a) of Hous: 42 U.S.C. 1500) (open-space land, ur­ having general governmental powers. R| and Urban Development Act of 1965 ( 42 ban beautification, and historic preser­ (c) Business concern. A corporation, U.S.C. 3074) ; sec. 107 of Demonstration Cities vation) ; and title VH of the Housing and partnership, individual, or other private ^ e^roP°l^an Development Act of 1966 Urban Development Act of 1965 (79 Stat. (42 U.S.C. 3307); sec. 15(8) of United States 489, 42 U.S.C. 3101) (grants for basic entity, including a nonprofit organiza­ housing Act of 1937 (42 U.S.C. 1415(8)); tion, engaged in some type of business, ^ 7(d) of Department of HUD Act (42 water and sewer facilities; grants for advance acquisition of land; and neigh­ professional, or institutional activity ai^vP' 35^5(d) ) : Secretary’s delegations of necessitating fixtures, equipment, stock anrt » rtty Assistant Secretary for Renewal borhood facilities grants). ana Housing Management, 35 F.R. 2746 (sec. (c) Section 107 of the Demonstration in trade, or other tangible property for • o), 2747 (Low-Rent Public Housing Pro- Cities and Metropolitan Development the carrying on of the business, profes­ » and 2748 (Renewal Assistance Pro­ Act of 1966 (80 Stat. 1255, 42 U.S.C. sion, or institution. of a « al‘) ’ Peb- 7, 1970; and designation 3301) provides that relocation payments (d) City. Any municipality (or two or Jo. 'viing A s l a n t Secretary, 35 F.R. 4769, Mar. 19, 1970, in the model cities program shall be more municipalities acting jointly) or made subject to the terms, conditions, any county or other public body (or two Subpart A— General and limitations of section 114 (b), (c), or more acting jointly) having general (d ), and (e) of title I of the Housing Act governmental powers. § 41.1 Statement of applicable law. of 1949. (e) Code agency. A city, other munici­ 1 Section 305 of the Housing Act of (d) Section 15(8) of the United States pality, or county authorized to engage in arnLi7P fitat. noo, 42 UJS.C. 1456) Housing Act of 1937 (50 Stat. 888, 42 code enforcement activities consisting of 194Qn(*ec* the Housing Act of U.S.C. 1415(8)) provides that the terms, structural or other substantial repairs to, * by adding a new section 106(f) , conditions, and limitations of section or alterations of, any building or other

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8588 PROPOSED RULE MAKING

improvement on land, the demolition of (i) Individual. A person who is not a and any actual direct loss of property any building or improvement, or a re­ member of a family. An elderly in­ (for which reimbursement or compensa­ duction in number of occupants of, or dividual is an individual 62 years of age tion is not otherwise made) ; any other change in the use of, any par­ or over at the time of displacement. A (3) To a small business concern, for cel of real property, pursuant to the re­ handicapped Individual is an individual its displacement (small business dis­ quirements of, or to comply with notice who has a physical impairment which is placement payment); by a municipality of enforcement of, a expected to be of long-continued and in­ (4) To or on behalf of a family or zoning, building, or other municipal code definite duration and which substantially elderly individual for relocation adjust­ or ordinance. impedes his ability to live independently. ment prior to August 1, 1968 (relocation (f) Family. Two or more persons re­ (j) LHA. A local housing authority adjustment payment) ; or to or on behalf lated by blood, marriage, or adoption, authorized to undertake a low-rent of a family or elderly or handicapped in­ who are living together in a single dwell­ housing project assisted under the dividual on or after August 1, 1968 (ad­ ing unit. United States Housing Act of 1937 (42 ditional relocation payment) ; (g) Federal financial assistance con­ U.S.C. 1401 et seq.). (5) To an individual, family, or busi­ tract. (1)A contract for a loan, a grant, (k) LPA. A local public agency au­ ness concern for settlement costs (for or a loan and grant, between the Federal thorized to undertake an urban renewal which reimbursement or compensation Government and the LPA for an .urban project being assisted under title I of is not otherwise made) ; the Housing Act of 1949 (42 U.S.C. 1450 renewal project; (6) To a family or individual to assist et seq.). (2) A contract for a grant for concen­ an owner-occupant of a one- or two- ( l ) Moving expenses— (1) Individual family dwelling to purchase and occupy a trated code enforcement and public im­ and families. Costs of packing, storing replacement dwelling (replacement provements between the Federal Govern­ (for a period of 1 year or less), carting, housing payment). ment and a code agency; and insuring of property and incidental (r) Settlement costs. (1) Recording (3) A contract for a grant for the costs of disconnecting and reconnecting demolition of unsafe structures between fees, transfer taxes, and similar expenses household appliances. incidental to conveying real property to the Federal Government and the code (2) Business concerns. Costs of dis­the agency; agency; mantling, crating, storing (for a period (4) A contract for a grant for interim of 1 year or less), transporting, insuring, (2) Penalty costs for prepayment of any mortgage encumbering such real assistance to slums or blighted areas be­ reassembling, reconnecting, and rein­ tween the Federal Government and the stalling of property (including goods or property; and city, other municipality, or county; other inventory kept for sale) : Provided? (3) The pro rata portion of real prop­ (5) An Annual Contributions Contract That the cost of any additions, improve­ erty taxes allocable to a period subse­ between the Federal Government and an ments, alterations, or other physical quent to the date of vesting of title, or the effective date of the acquisition of LHA; changes in or to any structure in con­ nection with effecting such reassembly, such real property by the agency, which­ (6) A contract between the Federal ever is earlier. Government and the public body author­ reconnection, or reinstallation shall not (s) A business ized to acquire land for open-space use be included unless the agency deter­ Small business concern. or for a historic preservation or urban mines, with HUD concurrence, that such concern (other than a nonprofit orga­ beautification program under title V II additions, improvements, alterations, or nization) which during the base period of the Housing Act of 1961 (42 U.S.C. other ^physical changes are required by had: 1500); law or are otherwise necessary to the (1) Average annual net earnings be­ continued operation of the business. (7) A contract between the Federal fore income taxes of less than $10,000; (m) Plan. A duly approved plan, as it Government and a public body for a and exists from time to time, for any pro­ neighborhood facilities program grant (2) In the case of displacements prior gram or project as defined in this part. under section 703 of the Housing and to June 15, 1966, average annual gross Urban Development Act of 1965 (42 (n) Project area. An area which HUD receipts or sales in excess of $1,500; or has approved for a project or program in the case of displacements on and after U.S.C. 3103); in connection with (1) urban renewal; (8) A contract between the Federal June 15, 1966, average annual gross re­ (2) concentrated code enforcement; (3) ceipts or sales in excess of $1,500 together Government and the public body for a demolition; (4) interim assistance; (5) public facility loan under title I I of the with average annual net earnings before low-rent public housing or slum clear­ income taxes in excess of $500, or average Housing Amendments of 1955 (42 U.S.C. ance; (6) open-space land; (7) historic 1491-1497); a water and sewer facilities annual gross receipts or sales in excess preservation; (8) urban beautification; of $2,500. grant under title V II of the Housing and (9) neighborhood facilities development; Urban Development 'Act of 1965 (42 (10) public facilities loans; (11) water Earnings for the purpose of this para­ U.S.C. 3101-3108); and advance acquisi­ and sewer facilities grants; (12) advance graph (s) include salaries, wages, or tion of land under title V n of the Hous­ acquisition of land; (13) the area in other compensation received by an owner ing and Urban Development Act of 1965 which model cities activities are carried of the concern or any member of his (42 U.S.C. 3101-3108); out; whichever is pertinent in the household related to him. The term (9) A contract between the Federal context. “ owner” as used in the previous sentence eludes the sole proprietor in a sole pro- Government and the city for the pur­ (o) Property. Tangible personal prop­ pose of carrying out a comprehensive ■ietorship, the principal partners in a erty, excluding fixtures, equipment, and trtnership, and the principal stock­ city demonstration program under title other property which under State or I of the Demonstration Cities and Metro­ riders of a corporation, as determined local law are considered real property, politan Development Act of 1966 (42 t HUD. For purposes of this para- but including such items of real property aphis), the base period shall be the U.S.C. 3301). as the site occupant may lawfully remove. (h) HUD. (1) Prior to November 9, tax years immediately preceding dis- 1965, the Housing and Home Finance , (p) Public body. A State, county, mu­ acement (or, if the business concern is nicipality, or other political subdivision, Administrator; or >t in business that long, such other or an authority or agency which is a iriod as may be approved by HUDi. (2) On and after November 9, 1965, public legal entity. the Housing and Home Finance Adminis­ ■ovided, That, if a business concern trator in the Department of Housing and (q) Relocation payment. A payment >es not qualify as a small business con- Urban Development pending appoint­ by an agency: rn under subparagraph (2) of tni ment of the Secretary of Housing and (1) To an individual or family, for iragraph based upon the 2 tax yea Urban Development, and thereafter the reasonable and necessary moving ex­ imediately preceding displacement an Secretary of Housing and Urban penses and any actual direct loss of e agency finds that its business ac*'*y, _ Development; or property (for which reimbursement or Lring such period was not r^resent - (3) An employee duly authorized to compensation is not otherwise made) ; re, the base period shall be the 3d a h tax years immediately precedi 8 perform the functions of such adminis­ (2) To a business concern, for its rea­ trator or secretary. sonable and necessary moving expenses sjrrin.rpmfint.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1 9 70 PROPOSED RULE MAKING 8589

(t) Voluntary rehabilitation. Struc­ (1) Is the owner of real property ac­ such notice, and the , agency has ade­ tural or other substantial repairs to, or quired for a project on or after August 1, quately verified the facts pertaining to alterations to, or demolition of, any 1968; the move or disposition and the re­ building dr other improvement on land (2) Has occupied a single- or two- quested relocation payment. within a project area, undertaken by an family dwelling located on the real prop­ § 41.7 Determining moving expenses of owner in order to conform to the prop­ erty for a period of not less than 1 year, business concerns. erty rehabilitation standards set forth prior to the initiation of negotiations for in the applicable plan. the acquisition of the real property; (a) Submission of bids prior to mov­ (3) Does not receive the additional re­ ing date. No claim for a relocation pay­ §41.3 Relocation payments by the location payment provided for by ment for moving expenses in excess of Agency. § 41.4(b) ; $500 shall be allowed for the costs in­ (a) The Agency shall make relocation (4) Purchases and occupies a replace­ curred by a business concern unless the payments to or on behalf of eligible site ment dwelling within 1 year subsequent concern has submitted to the agency, at occupants in accordance with and to the jto the date on which he is required to least 15 days prior to the commencement full extent permitted by the regulations move from the dwelling acquired for the of the move, a bid from three reputable in this part: Provided, That for each project; and firms covering the moving costs involved. Federal financial assistance contract the (5) Does not receive a payment pur­ Whenever it is not feasible to obtain agency may elect whether to make pay­ suant to the State law of eminent do­ three bids for any category of work, a ments for moving expenses in excess of main determined by HUD to have sub­ lesser number of bids shall be submitted, $25,000 in accordance with § 41.13(a) (2). stantially the same purpose and effect as together with a written justification by the concern; and no relocation payment §41.4 Relocation adjustment payment; would a replacement housing payment, and to be a part of the cost of the project shall be allowed in such cases unless the additional relocation payment; re­ agency has approved the justification. placement housing payment. for which Federal financial assistance is available. The agency, with HUD concurrence, may (a) Relocation adjustment payment. waive any requirement of this para­ A family or elderly individual who satis­ §41.5 Small business displacement graph (a) for good cause. fies the pertinent eligibility conditions payment. (b) Payment not to exceed low bid. set forth in §§ 41.22, 41.23, 41.24, 41.25, A small business concern which satis­ Payment to a business concern for mov­ 41.26, 41.27, 41.28, or 41.29 prior to Au­ fies the pertinent eligibility conditions of ing expenses shall not exceed the amount gust 1, 1968, is eligible for a relocation §§41.22, 41.23, 41.24, 41.25, 41.26, 41.27, of the low bid submitted in accordance adjustment payment if the site occu­ 41.28, or 41.29 is eligible for a small busi­ with paragraph (a) of this section unless pant: ness displacement payment if the con­ the bid requirement has been waived in (1) Is unable to secure a suitable cern: accordance with paragraph (a) of this dwelling unit in (i) a low-rent housing (a) Is not part of an enterprise hav­ section. project assisted under the U.S. Housing ing two or more establishments outside Act of 1937 (42 U.S.C. 1401 et seq.) or a § 41.8 Determining actual direct loss of the project area; property. State or local program found by HUD to (b) Has filed with the Internal Rev­ have the same general purposes or (ii) enue Service income tax returns for the (a) The amount of actual direct loss a dwelling unit assisted under section base period, or has furnished such other of any item of property claimed shall 101 of the Housing and Urban Develop­ evidence of earnings as may be approved be determined as follows: ment Act of 1965 (12 U.S.C. 1701s(a)); by HUD; and (1) The fair market value of the prop­ and (c) Was doing business in the project erty for continued use at its location (2) Has moved to a decent, safe, and area on the date of approval by the local prior to the displacement shall be ascer­ sanitary dwelling. governing body of the plan for the proj­ tained by an appraisal satisfactory to (b) Additional relocation payment. A ect area in which the small business the agency, except as provided in sub- family or elderly or handicapped indi­ concern is located, or on the date of the paragraph (2) of this paragraph. vidual who satisfies the pertinent eligi­ approval by the agency of an applica­ (2) I f the value of the property for bility conditions of §§ 41.22, 41.23, 41.24, tion for a Federal financial assistance which actual direct loss is claimed does 41.25, 41.26, 41.27, 41.28, or 41.29, on or contract for the project area, whichever not warrant the expenses of an appraisal, after August 1, 1968, is eligible for an is pertinent in the context. then its fair market value for such con­ additional relocation payment if the site tinued use shall be computed as follows: occupant: § 41.6 Notice of intention to move. * The original cost of the item to the (1) Is unable to secure a suitable Except as provided in this § 41.6, no claimant (exclusive of installation) mul­ dwelling in (i) a low-rent housing proj­ relocation payment for moving expenses tiplied by the figure obtained by dividing ect assisted under the United States or actual direct loss of property and no the period of the remaining useful life Housing Act of 1937 (42 U.S.C. 1401 et small business displacement payment of the property at the date of removal seq.) or a State or local program found shall be made to a business concern by the period of the normal useful life of by HUD to have the same general pur­ unless: the property at the date of its acquisi­ poses or (ii) a dwelling unit assisted (a) The agency has received, at least tion by the claimant. finder section 101 of the Housing and 30 days but not earlier than 90 days (3) The property shall be disposed of urban Development Act of 1965 (12 prior to the moving date, written notice by a bona fide sale (as determined by U.S.C. 1701s(a)); and from the business concern of its inten­ the agency) at the highest price offered (2) Has moved to a decent, safe, and tion to move or dispose of the property, after reasonable efforts have been made sanitary dwelling. which shall be described generally in the over a reasonable period of time to inter­ notice, and the date of such intended est prospective purchasers. A trade-in An additional relocation payment not to move or disposition; and of the property may be considered a bona $500 in the first 12 months and (b) The business concern has per­ fide sale, and the trade-in allowance, woo in the second 12 months may be mitted, at all reasonable times, the in­ exclusive of any amount of discount that acIe °h a monthly basis, or on a lump- spection by or on behalf of the agency would be allowed on the price of the J™1, basis, or otherwise on other than a of such property at the site from which property being acquired in the absence of tho knsis in cases in which other the business concern is displaced. For the trade-in, shall be the afnount real­ an monthly payments are determined the purpose of this § 41.6, “moving date” ized upon the sale of the property. warranted by HUD. shall mean the date on which the first (4) I f the amount realized from the fnmM ^ ej)^ cemcnt housing payment. A item of such property is intended to be sale, after deducting ordinary and rea­ or individual who satisfies the moved or disposed of. The agency may sonable expenses of the sale, is less than «8 eligibility conditions of make a relocation payment notwith­ the fair market value for such continued 41 ?i'22, 41,23’ 41-24* 41-25» 41.26, 41.27, standing nonreceipt of such timely no­ use, the difference between the net is pIL ki 4L29> on or after August 1,1968, tice only if the agency has determined amount realized and the fair market inpnfv ,,for a replacement housing pay­ that there was reasonable cause for the value is the amount of actual direct ment if the site occupant: failure of the business concern to give loss of the property.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8590 PROPOSED RULE MAKING

(b) I f a bona fide sale is not effected property. I f the joint occupants of a in accordance with the regulations in because no offer is received for the prop­ single dwelling unit in the project area this part. erty, after reasonable efforts have been move to two or more locations and conse­ (e) Agency setoff against claim. The made over a reasonable period of time quently submit more than one claim, an agency may set off against the claim of to sell it, then its fair market value for eligible claimant for a fixed payment an otherwise eligible site occupant any continued use, ascertained as provided may be paid only his reasonable prorated financial claim the agency may have in this section, is the amount of actual share (as determined by the agency) of against the site occupant arising out of direct loss of the property. the total fixed payment applicable to the use of the real property. (c) No relocation payment shall be such dwelling unit, and the total of fixed (f) Approval by HUD—business con­ made for the cost of an appraisal se­ payments made to all such claimants cerns. No claim for a relocation payment cured by the agency to determine the moving from such dwelling unit shall for moving expenses or .settlement costs, amount of any actual direct loss of prop­ not exceed the total fixed payment appli­ or both, shall be paid without the con­ erty, which cost shall be borne by the cable to such dwelling unit. currence of HUD if the claim exceeds agency. $10,000. No claim for a relocation pay­ (d) No relocation payment shall be § 41.11 Administration o f relocation ment for moving expenses which involves payments. made for the cost of any appraisal made additions, improvements, alterations, or by or on behalf of a claimant subsequent (a) Conditions for relocation pay­ other physical changes, described in to the appraisal required by § 41.8(c). ment. The agency (or, if the agency is §41.2(1) (2), shall be paid without the the municipality, the board or commis­ concurrence of HUD. § 41.9 Outdoor advertising display. sion responsible for carrying out the (g) Temporary moves. No relocation A business concern which is not dis­ federally assisted activities or, if there payment shall be made to a site occupant placed from a project area shall be eli­ is no such board or commission, the for a temporary move. gible for a relocation payment for mov­ principal executive officer of the munici­ (h) Reimbursement of relocation pay­ ing expenses with respect to its outdoor pality) shall approve a schedule (Form ments. Relocation payments made in ac­ advertising displays required, in the HUD-6148) of average annual gross cordance with the regulations in this determination of the agency, to be re­ rentals for standard housing in the part and pursuant to a Federal financial moved from the project area. locality for determining the amount of assistance contract are reimbursable in § 41.10 Fixed relocation payments to relocation adjustment payments and full to the agency as a Federal grant. individuals and families. additional relocation payments in ac­ (i) Accounts and records. Accounts cordance with § 41.4 (a) and (b ), and a and records shall be subject to inspection (a) Schedule of fixed payments. An separate schedule (Form HUD-6155) for or audit at all reasonable times by HUD. agency may pay, to eligible individuals ' determining the average price of stand­ Records pertaining to eligibility for re­ and families^ who elect to receive them, ard sales housing in a locality, and any location payments, including all claims, fixed amounts in lieu of payments for other conditions under which the agency receipted bills, or other documentation reasonable and necessary moving ex­ will make relocation payments. The in support of a claim, and records per­ penses and actual direct losses of prop­ schedules and conditions shall be con­ taining to action on a claim, shall be erty. Each agency intending to make sistent with the regulations in this part retained by the agency for not less than fixed payments for moving expenses shall and shall be available in written form to 3 years after the completion of the fed­ prepare a schedule (Form HUD-6142) site occupants in the office of the agency. erally assisted activities. of the fixed amounts which it proposes (b) Notice to site occupants. The to pay. The schedule shall contain a § 41.12 Filing of claims. agency shall furnish, to all site occupants statement indicating that the agency who occupy property within a project (a) Form of claim. To obtain a relo­ will permit eligible individuals and fami­ area (or the area of the federally assisted cation payment, site occupants shall file lies so choosing to claim reimbursement written claims with the agency on the for their actual moving expenses and activities) and who are anticipated to be displaced, a notice or information appropriate HUD forms. actual direct loss of property. statement advising the site occupant of (b) Documentation in support of a (b) Schedule provision. (1) A pro­ (1) the availability of relocation pay­ claim. A claim shall be supported by posed schedule of fixed payments to eli­ ments to eligible site occupants, and (2) the following: gible individuals and families owning the office where the conditions under (1) I f for moving expenses, except in furniture shall provide for a graduated which relocation payments will be made the case of a fixed payment, a receipted scale of payments related to the number are available for inspection. bill or other evidence of such expenses. of all rooms occupied or utilized by the By prearrangement between the agency, (c) Action on claim—finality. The claimant, except bathrooms, hallways, the site occupant, and the mover, evi­ agency is initially responsible for deter­ and closets, which payments shall not denced in writing, the claimant or the exceed the result obtained by multiply­ mining the eligibility of a claim for, and mover may present an unpaid moving bill the amount of, a relocation payment and ing a reasonable local average hourly to the agency, and the agency may pay moving rate (as determined by the shall maintain in its files complete and proper documentation supporting the de­ the mover directly. agency, with HUD concurrence) by the (2) If for actual direct loss of prop­ termination. The determination on each number of hours allotted to moving erty, written evidence thereof, which personal effects. claim shall be made or approved either may include appraisals, certified prices, by the governing body of the agency or, (2) Fixed payments to eligible indi­ copies of bills of sale, receipts, canceled by the principal executive officer of the checks, copies of advertisements, offers viduals and families not owning furni­ agency or his duly authorized designee. ture, but owning furnishings, shall be the to sell, auction records, and such other The determination by the agency or any records as may be appropriate to sup- average hourly rate or $25, whichever redetermination by HUD shall be final is the lesser, calculated in accordance port the claim. and conclusive with respect to the rights (3) In any other case, such docu­ with the method prescribed in § 41.10 of any site occupant, and not subject (b) (1 ): Provided. That fixed payments mentation as may be required by the to redetermination by any court or any agency, which may include income tax to eligible individuals or families not other officer. Subject to the requirements owning furniture or furnishings shall not returns, withholding or information of this paragraph (c), the agency may statements, and proof of age. exceed: (i) $5 for any individual, (ii) $10 permit a third-party contractor respon­ for any family. sible for relocation activities to examine (c) Time for filing claims. A claim for (c) Administration of fixed payments. and recommend action on a claim and to moving expenses, actual direct loss o^ property, or a small business displace­ Eligible individuals or families may be disburse funds in payment of a claim paid the amount provided in the schedule which has been approved by the agency. ment payment shall be submitted to tn agency within a period of 6 months aite of fixed payments approved by HUD (d ) Prompt payment. A relocation upon receipt of a properly completed the displacement of the site occupant. claim. A fixed payment shall be in full payment shall be made by the agency p.TflJm for a relocation adjustment pay^ settlement for the claimant’s moving as promptly as possible after a site oc­ ment or for an additional relocation pay expense and any actual direct loss of cupant’s eligibility has been determined ment shall be submitted within a penoa

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8591 of 6 months after the displacement of miles from the boundary of the comity, poises, if separately stated, shall be en­ the site occupant. A claim for a replace­ city, town, or village, as the case may be, titled to recognition as a relocation pay­ ment housing payment shall be sub­ in which the federally assisted activities ment in an amount not to exceed the ap­ mitted within 18 months after the dis­ are carried out, a relocation payment for plicable dollar limitations in §41.13: placement of the claimant. The time its moving expenses may not be made in Provided, That the allowance for actual limitations in this paragraph (c> may excess of the reasonable and necessary direct loss of property makes no compen­ be waived by the agency for good cause expenses for moving such distance of 100 sation for loss of goodwill or profit. with HUD concurrence. miles. (b) Maximum amounts— small busi­ § 41.15 Waiver. § 41.23 Limitations on amount o f relo­ ness displacement payment, relocation No section of the regulations in this cation payments. adjustment payment, additional reloca­ part which does not otherwise provide (a) Moving expenses and loss of prop­tion payment, and replacement housing for waiver shall be waived unless the erty,— (’ll Maximum amount—individ­ payment— (1) Fixed amount—small Secretary, after reviewing any claim for uals and families. The maximum reloca­ business displacement payment. A small payment, authorizes waiver of the per­ tion payment that may be made or rec­ business displacement payment shall be tinent section (s) of the regulations in ognized for moving expenses and actual $2,500 for business concerns displaced on this part with regard to such claim. direct loss of property, for which re­ or after August 10, 1965. Subpart B— Requirements Relating to imbursement or compensation is not (2) Maximum amount—relocation ad­ otherwise made, shall not exceed $200 in justment payment. The total relocation Specific Programs the case of individuals, families, or two adjustment payment that may be made § 41.21 Statement o f applicability. or more unrelated individuals occupying for a family or elderly individual shall be the same dwelling unit. an amount not to exceed $500 which, The regulations in this subpart shall (2) Maximum amount—business con­ when added to 20 percent of the annual govern basic conditions of eligibility for cerns. The maximum relocation payment income of the family or individual at the a relocation payment for reasonable and that may be made or recognized in the time of displacement, equals the average necessary moving expenses and actual case of a business concern for moving annual gross rental required for a decent, direct loss of property (and shall form expenses and actual direct loss of prop­ safe, and sanitary dwelling of modest the initial basis of eligibility for the re­ erty, for which reimbursement or com­ standards adequate in size to accommo­ location payments described in Subpart pensation is not otherwise made, shall date the family or individual as deter­ A of this part) as these pertain to the not exceed $3,000. If the total of the ac­ mined by the agency. programs named in this subpart. tual certified moving expenses incurred (3) Maximum amount—additional re­ § 41.22 Urban renewal and neighbor­ is greater than $3,000, and there is no location payment. The total additional hood development programs. claim for actual direct loss of property, relocation payment that may be made to the maximum relocation payment that a family or elderly or handicapped in­ (a) Displacement. A site occupant is eligible for a relocation payment if the may be made shall be: dividual shall consist of monthly pay­ (i) The total actual moving expenses ments over a period not to exceed 24 displacement of the site occupant is: or $25,000, whichever is less; or months and shall be paid in an amount (1) From real property within the (ii) At the sole option of the agency, not to exceed $500 in the first 12 months urban renewal area, on or after the date $25,000 together with a portion of the and not to exceed $500 in the second 12 of execution of the pertinent Federal actual moving expenses in excess of months (except as provided in § 41.4(b) financial assistance contract, or the date $25,000 representing the same percentage of the regulations in this part) which, of HUD approval of a budget for project of the excess as the percentage of the cost when added to 20 percent of the annual execution activities resulting in the dis­ of the project paid for by the Federal income of the family or individual at the placement (provided that in the latter grant under the terms of the pertinent time of displacement, shall be equal to case a Federal financial assistance con­ Federal financial assistance contract. the average annual gross rental required tract for such contemplated project is The agency electing to pay on this basis at such time to secure a decent, safe, and thereafter executed); and must make a cash payment to the dis­ sanitary dwelling of modest standards (2) Made necessary by (i) the acqui­ placed business, equal to the remainder of adequate in size to accommodate the sition of such real property by the LPA or its actual moving expenses in excess of family or individual as determined by the any other public body, or (ii) code en­ $25,000, out of local funds not to be made agency. forcement activities undertaken in con­ up of amounts consisting of any portion nection with the urban renewal area, or (4) Maximum amount—replacement (iii) a program of voluntary rehabilita­ of the local share of the project cost: housing payment. The total replacement Provided, That, in any locality in which tion of buildings or other improvements housing payment that may be made for in accordance with the Urban- Renewal an LPA elects to share in the actual mov­ a family or individual eligible for a re­ ing expenses in excess of $25,000 in con­ Plan, as further described in paragraphs placement housing payment under § 41.4 nection with an urban renewal project, (b) and (c) of this section. (c) of the regulations of this part shall the City conducting a model cities pro­ not exceed the lesser of (i) $5,000, or (ii) (b) Displacement made necessary by ject shall be required to share in actual an amount which, when added to the ac­ acquisition. A site occupant on the date moving expenses in excess of $25,000 on quisition payment, shall be equal to the of execution of a Federal financial assist­ the same percentage basis as actual mov- average price required for a purchase -of ance contract (or HUD concurrence, prior expenses in excess of $25,000 are to its approval of an application for loan borne by the LPA carrying out such a decent, safe, and sanitary dwelling of modest standards which is adequate in and grant, in the commencement of a 7*5®** renewal project: And provided project execution activity) which con­ hwtfter, That an LHA may elect to pay size to accommodate the displaced owner, reasonably accessible to public services templates acquisition of the property, t i c 'l l naoving expenses in excess of regardless of when or if such acquisition v25,000 by: and places of employment, and available on the private market. takes place, and a site occupant of the (a) Charging two-thirds of the property at the time of its acquisition amount in excess of $25,000 to project § 41.14 Condemnation proceedings and may be deemed displaced by the acquisi­ evelopment funds, and one-third of negotiated purchases. tion upon vacating the property. For this ^ e x p e n s e s to local funds; or Notwithstanding any other provision purpose, acquisition means the obtain­ nm Char^ ng three-fourths of the of the regulations in this part, in any ing by the LPA or other public body of amount in excess of $25,000 to project de- State in which applicable law requires title to, or the right to possession of, the funds, and the remaining one- the inclusion in an award in eminent real property. No claim based upon ac­ frJrrVu local funds in a locality eligible domain or in the purchase price paid quisition of real property by a public r.riaa three-fourths grant for an urban for any property acquired by negotiation body other than the LPA shall be ap­ (rn? ?roject under section 103(a) (2) of an allowance for any 8f the expenses proved unless the LPA shall have de­ Ttq o H°using Act of 1949 (42 included within the definition of reloca­ termined that the site occupant was O S.C. 1453(a) (2) (B )). tion payment in §-41.2(q), the portion displaced by acquisition or in contempla­ hnii*« Maximum moving distance. I f a of any judgment or any purchase price tion thereof. The determination shall be mess concern moves beyond 100 representing compensation for such ex- supported by a signed statement from

No. 107----- 9 FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8592 PROPOSED RULE MAKING the public body indicating (1) when it graph (d) of this section, or (iv) agreed to compensate the site occupant acquired or proposes to acquire the demolition activities as further defined for moving expenses, actual direct loss property occupied by the site occupant, in paragraph (e) of this section. of property, or settlement costs result­ and (2) whether it compensated or has (b) Displacement made necessary by ing from the displacement. agreed to compensate the claimant for code enforcement. The displacement of (e) Displacement made necessary by moving expenses, actual direct loss of a site occupant from a code enforcement demolition. The displacement of a site property, or settlement costs resulting area is deemed made necessary by code occupant from a demolition grant from the displacement. enforcement if the vacation of the real project area is deemed made necessary (c) Displacement made necessary by property occurs on or after the com­ by demolition if the vacation of the real code enforcement or voluntary rehabili­ mencement of code enforcement, or the property occurs after the code agency tation. The vacating by the site occupant receipt of notice by the site occupant has ordered the real property to be va­ of the real property after the'happening that code enforcement will be required, cated and demolished. , of any of the following events shall be with respect to the real property occu­ § 41.24 Interim assistance areas. deemed to be a displacement from the pied by the site occupant under either of urban renewal project area made neces­ the following circumstances: (a) Displacement. A site occupant is sary by code enforcement or voluntary (1) The code enforcement cannot eligible for a relocation payment if the rehabilitation, as the case may be. reasonably be undertaken without the displacement is: (1) In the case of code enforcement, vacation of the real property by the site (1) From private real property within the commencement of, or notice by the occupant and the code agency so the interim assistance project area on or code agency of, code enforcement with determines; or after the date of execution of a Federal respect to the real property, or the part (2) In the case of a tenant, the owner financial assistance contract or the date thereof occupied by the site occupant has increased the rent or has notified the of HUD approval of a budget for a pro­ which makes it necessary (as determined tenant of an increase in rent amounting gram of interim assistance: Provided, by the LPA) for the site occupant to to not less than 25 percent in the case of That in the latter case a Federal finan­ vacate the real property. a business concern and not less than 10 cial assistance contract is thereafter (2) In the case of voluntary rehabili­ percent in the case of an individual or executed for the area; and tation, the commencement of, or notice fam ily: Provided, That in the case of an (2) Made necessary by (i) activities by the owner of the real property of the individual or family the increase shall designed to improve private properties commencement of, voluntary rehabilita­ also result in a rent exceeding the to the extent needed to eliminate the tion of the building or other improve­ standards established by the code most immediate dangers to the public ment, or the part thereof occupied by agency for displacees’ ability to pay. health and safety, as further defined in paragraph (b) of this section, (ii) acqui­ the site occupant which makes it neces­ No claim based upon code enforcement sary (as determined by the LPA) for the sition of real property by the agency in shall be approved unless the code agency connection with a federally assisted pro­ site occupant to vacate the real property. shall have determined that the site occu­ (3) In the case of either code enforce­ gram of improvement of private prop­ pant was displaced by such activities. erties, as further defined in paragraph ment or voluntary rehabilitation, an in­ (c) Displacement made necessary by crease or a notice of increase in rent for (c) of this section, or (iii) demolition of voluntary rehabilitation. The displace­ structures determined to be structurally the rent period involved amounting to ment of a site occupant from a code en­ not less than 25 percent in the case of a unsound or unfit for human habita­ forcement area is deemed made neces­ tion, and which constitute a public nui­ business concern and not less than 10 sary by voluntary rehabilitation: percent in the case of an individual or sance and serious hazard to the public (1) Upon the commencement of such family: Provided, That in the case of an health and safety, as further defined in rehabilitation of the building or other individual or family the increase shall paragraph (d) of this section. improvement, or the part thereof occu­ also result in a rent exceeding the stand­ (b) Displacement made necessary by pied by the site occupant which makes it ards established by the LPA for the dis­ improvement of private properties. The necessary (as determined by the code placees’ ability to pay. displacement of a site occupant from an agency) for the site occupant to vacáte interim assistance project area is § 41.23 Code enforcement or demolition the real property; or deemed made necessary by improvement grants. (2) In the case of a tenant, an in­ of private properties if the vacation of (a) General. A site occupant is eligi­ crease or a notification of an increase in the private real property occurs on or ble for a relocation payment if the dis­ rent amounting to not less than 25 per­ after the commencement of improve­ placement is: cent in the case of a business concern ment activities, or the receipt of notice (1) Prom real property within the and not less than 10 percent in the case by the site occupant that improvements code enforcement or demolition grant of an individual or family: Provided, will be required with respect to private project area on Or after (i)~the date of That in the case of an individual or real property occupied by the site occu­ execution of a Federal financial assist­ family the increase shall also exceed the pant, and i f : ance contract, or (ii) the date of HUD standards established by the code agency (1) The improvement is necessary to approval of a budget for a program of for displacees’ ability to pay. eliminate the most immediate dangers concentrated code enforcement, or (iii) (d) Displacement made necessary by to public health and safety, and the the date of HUD approval of an applica­ acquisition. The displacement of a site agency so determines, and the improve­ tion for a demolition grant: Provided, occupant from a code enforcement ment cannot reasonably by undertaken That in the case of approval of such project area is deemed made necessary without the vacation of the real prop­ budget or application a Federal financial by acquisition if the vacation of the real erty by the site occupant and the agency assistance contract is thereafter exe­ property occurs after the code agency or so determines. No claim based upon in­ cuted for the area; and other public body acquiring the legal or terim assistance involving improvemen (2) Made necessary by (i) code en­ equitable title or the right to possession of private properties shall be approve unless the agency shall have determine forcement activities as further defined in has ordered the site occupant to vacate paragraph (b) of this section, (ii) a pro­ the real property. No claim based upon that the claimant was displaced by sU?\ gram of voluntary rehabilitation of acquisition of real property by a public activities. The determination shall supported by a statement by the agen y buildings or other improvements in body other than the code agency shall accordance with the program of concen­ be approved unless the code agency has giving the factual basis on which & trated code enforcement and public im­ determined that v the site occupant was determination was made; or provement, as further defined in para­ displaced by the acquisition or in con­ (2) In the case of a tenant, the owner graph (c) of this section, (iii) acquisition templation thereof. The determination has increased the rent, or has not . of real property by the code agency or shall be supported by a signed statement the tenant of an increase m rw - any other public body in connection With from the public body indicating (1) when amounting to not less than 25 perce a federally assisted program of concen­ it acquired or proposes to acquire the the case of a business concern ana trated code enforcement and public im­ property occupied by the sitg occupant, less than 10 percent in the case oi provement as further defined in para­ and (2) whether it compensated or has Individual or family: Provided, T

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8593 the case of an individual or family the in­ contract, the date of such HUD con­ (2) A Federal financial assistance con­ crease shall also result in a rent exceed­ currence, provided that in the latter tract is executed under title H of the ing the standards established by the case a Federal grant contract for the Housing Amendments of 1955 (42 U.S.C. agency for displacees’ ability to pay. project is thereafter executed) regard­ 1491-1497) or section 702 or 704 of the (c) Displacement made necessary by less of when or if such acquisition takes Housing and Urban Development Act of acquisition. The displacement of a site place, or (ii) the site occupant is an oc­ 1965 (42 U.S.C. 3102 or 3104); and occupant from an interim assistance cupant of the real property at the time (3) The acquisition or use of such real project area is deemed made necessary by of its acquisition. property is determined by HUD to be acquisition if the vacation of the real (b) Settlement costs. A site occupant necessary in connection with a project property occurs after the agency has ac­ is deemed eligible for a relocation pay­ under the program; and quired legal or equitable title or the right ment for settlement costs if: (4) The site occupant vacates after (i) to possession and has ordered the site (1) He is the owner of the real prop­ the Agency acquires title to or use of the occupant to vacate the real property. erty at the time of transfer of title to property in connection with the program; (d) Displacement made necessary by the agency; and or (ii) the agency becomes entitled to demolition of unfit structures. The dis­ (2) If the transfer of title to the real possession of the real property pursuant placement of a site occupant from an property occurs on or after the date of to a proceeding in condemnation; or (iii) interim assistance project area is deemed execution of a Federal grant contract a binding contract for the purchase of made necessary by demolition of unfit authorizing the acquisition of the real the real property is entered into by the structures if the vacation of the real property (or, if HUD concurrence is Agency and the owner of such real prop­ property occurs under the following given for the acquisition of the real prop­ erty if, in fact, the real property is not circumstances: erty prior to its approval of a Federal occupied by another occupant prior to (1) The structures occupying the real grant contract, on or after the date of acquisition of title to, or the right of property are structually unsound or un­ such HUD concurrence, provided that a possession of, the real property by the fit for human habitation and constitute Federal grant contract for the project is agency. a public nuisance and serious hazard thereafter executed). to the public health and safety, and the (b) Settlement costs. A claimant is agency has so determined; and § 41.27 Neighborhood facilities projects. eligible for a relocation payment for (2) The vacation of the real" prop­ (a) Moving expenses and actual direct settlement costs if he is the owner of erty occurs after the agency has ordered loss of property. A site occupant is the real property at the time of the the real property to be vacated and deemed displaced by the project and is transfer of such real property to the demolished. eligible for a relocation payment for agency. moving expenses and actual direct loss § 41.29 Model Cities. § 41.25 Low-rent public housing. of property if : A site occupant is eligible for reloca­ (a) Displacement. A site occupant is (1) The project necessitates vacation eligible for a relocation payment if the tion payment if the displacement of the of real property by the claimant; and site occupant is: displacement of the site occupant is: (2) The site occupant is (i) an oc­ (1) Prom real property within the (a) From real property, on or after cupant of the real property on the date of (1) the date of HUD approval of a Com­ low-rent public housing project area on execution of a Federal grant contract or after the date of execution of the per­ prehensive city demonstration program authorizing the project (or, if HUD con­ (or an amendment thereof) that identi­ tinent annual contributions contract (or currence is given for the commencement the date of tentative site approval by fies the undertaking resulting in the dis­ of project activities causing the displace­ placement as being carried out in HUD, whichever date is later) ; and ment prior to HUD approval of a Fed­ (2) Made necessary by the acquisition connection with the program, or (2) such of tiie real property by the EHA. eral grant contract, the date of such con­ earlier date as may be approved by HUD currence, provided that in the latter case (b) Displacement made necessary by for a specific undertaking upon the re­ a Federal grant contract for the project quest of a city (provided that in both acquisition. A site occupant of real prop­ is thereafter executed), or (ii) the site erty within the low-rent public housing cases a Federal financial assistance con­ occupant is the occupant of the real prop­ tract is thereafter, or has been, executed area on the date of execution of the ap­ erty on the date of its acquisition. plicable annual contributions contract and that in the latter case HUD subse­ (or the date of tentative site approval by (b) Settlement costs. A claimant for quently aproves a comprehensive city HUD, whichever date is later), which settlement costs is eligible for a reloca­ demonstration program, or an amend­ contemplates acquisition of the property, tion payment if : ment thereof, that identifies the under­ regardless of when or if such acquisition (1) He is the owner of the real prop­ taking as one being carried out in con­ takes place, and a site occupant of the erty at the time of transfer to the agency nection with the program ); and Property at the time of its acquisition or to a nonprofit agency under its con­ (b) On or after (1) receipt of a notice raay be deemed displaced by the acquisi­ trol which is engaged in the carrying out to vacate from the owner of the property tion upon vacating the property. For this of the project; and (or of a notice of increase in rent for Purpose, acquisition means the obtaining (2) The transfer of title to the real the rent period involved amounting to «y the LHA of title to, or the right to property occurs on or after the date of not less than 25 percent in the case of Possession of, the real property. execution of a Federal grant contract a business concern and not less than 10 authorizing the acquisition of the real percent in the case of, an individual or • .Dpen-spaee land, urban bea family if in the latter case the increase ncation, and historic preservation. property (or, if HUD concurrence is given for the acquisition of the~real property results in a rent exceeding the standards (a) Moping expenses and actual direct prior to its approval of a Federal grant established by the city for the displacees’ ss of property. A site occupant is contract, on or after the date of such ability to pay) or, in the case of an displaced by the acquisition oi HUD concurrence, provided that a Fed­ owner-occupant, the commencement of heo for open-space use, urban eral grant contract for the project is activities which make it necessary (as or historic preservation thereafter executed). determined by the city) to vacate the fnra 15 eligible for a relocation payment property; or (2) such earlier date fixed exPenses and actual direct § 41.28 Public facility loans; grants for by HUD on the basis of a determination loss of property if: basic water and sewer facilities; and that the move was reasonably in contem­ .P^e acquisition of real property grants for advance acquisition o f necessitates its vacation; and. land. plation of a notice to vacate or an in­ crease in rent as defined herein. oarft JR1® site occupant is (i) an occu- (a) Displacement. A site occupant is exf*,„?• real Property on the date oi eligible for a relocation payment if: N o r m a n V. W a t s o n , a u tw R °* a Federal grant contract (1) The site occupant is displaced Acting Assistant Secretary for pron_fj2R g the acquisition of the real from the real property within the project Renewal and Housing Man­ for or,?t HUD concurrence is given area on or after the date of the filing agement. Prior * Requisition of the real property of an application for Federal financial [F.R. Doc. 70-6837; Filed, June 2, 1970; o its approval of a Federal grant assistance; and 8:60 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8594 PROPOSED RULE MAKING

ship, thence easterly along an imaginary along Interstate Highway 275 to the Ohio INTERSTATE COMMERCE line to the northwest corner of said town­ River, thence across the Ohio River to ship, thence along the northern bound­ the point of beginning. ary of said township to the county road No oral hearing is contemplated at COMMISSION just east of Ohio Highway 48, thence this time, but any person (including peti­ [ 49 CFR Part 1048 1 southerly on said county road to the tioner) , wishing to make representations northern boundary of the city of South in favor of, or against, the above-pro- [E x Parte No. M C—30] Lebanon, thence along the northern, posed revision of the limits of the Cin­ CINCINNATI, OHIO, COMMERCIAL eastern, and southern boundaries of said cinnati, Ohio, commercial zone, may do city to its intersection with the above- so by submission of written data, views, ZONE mentioned county road, thence southerly or arguments. An original and seven Redefinition of Limits along said county road to its junction copies of such data, views, or arguments with Ohio Highway 48, thence along shall be filed with the Commission on May 28, 197Q. Ohio Highway 48 to its intersection with or before July 13, 1970. Each such state­ Redefinition of the limits of the Cin­ the northern boundary of Loveland, ment should include a statement of posi­ cinnati, Ohio, commercial zone hereto­ thence along the northern, eastern, and tion with respect to the proposed revi­ fore defined in Ex Parte No. MC-30, southern boundaries of Loveland to the sion, and a copy thereof should be served Cincinnati, Ohio, commercial zone, 106 east bank of the Little Miami River, upon petitioner’s representative. M.C.C. 267. thence southerly along the east bank Notice to the general public of the Petitioner: Greater Cincinnati Cham­ of the Little Miami River to its inter­ matter herein under consideration will ber of Commerce. section with Interstate Highway 275, be given by depositing a copy of this Petitioner’s representative : Norbert thence along Interstate Highway 275 to notice in the Office of the Secretary of B. Flick, Executive Building, Cincinnati, its junction with Ohio Highway 32, the Commission for public inspection Ohio 45202. thence easterly along Ohio Highway 32 and by filing a copy thereof with the By petition filed April 5, 1970, the to the western boundary of Batavia, Director, Office of the Federal Register. above-named petitioner requests the thence along the western, northern, east­ By the Commission. Commission to reopen the above pro­ ern, and southern boundaries of Batavia ceeding for the purpose of redefining the to their intersection with Ohio Highway [ s e a l ] H. N e il G arson, limits of the Cincinnati, Ohio, commer­ 132, thence southerly along Ohio High­ Secretary. cial zone, which were most recently way 132 to its junction with Ohio High­ [F.R. D c. 70-6859; Filed, June 2, 1970; defined on December 27, 1967, in Cin­ way 125, thence westerly along Ohio 8:51 a.m.] cinnati, Ohio, commercial zone, 106 Highway 125 to its intersection with the M.C.C. 267, at pages 270-272 (49 CFR eastern boundary of Amelia, thence along 1048.7), so as to include therein an area the eastern, southern, and western described below. boundaries of Amelia to Ohio Highway ATOMIC ENERGY COMMISSION Petitioner requests the Commission to 125, thence westerly along Ohio Highway redefine the zone limits so as to include 125 to its junction with Interstate High­ [ 10 CFR Part 50 1 within the zone an area bounded by a way 275, thence westerly along Inter­ LICENSING OF PRODUCTION AND line as follows: Beginning at the Ohio state Highway 275 to the Cincinnati River at the Ohio-Indiana border, thence city limits, and thence along the Cin­ UTILIZATION FACILITIES northerly along said border to its in­ cinnati city limits to the Ohio River, Notice of Proposed Rule Making tersection with U.S. Highway 50, thence thence along the north of the Ohio River northeasterly along U.S. Highway 50 to to a point near the junction of Kentucky On April 2, 1970, amendments to tfte Kilby Road, thence northerly along Kilby Highway 8 and 12 Mile Road, near Atomic Energy Commission’s regulations Road to U.S. Highway 52, thence south­ Oneonta, Ky., thence across an imagi­ in 10 CFR Parts 2 and 50, implementing easterly along U.S. Highway 52 to Dry nary line to said junction, thence west­ the National Environmental Policy Act Fork Road, thence northerly along Dry erly along 12 Mile Road to Kentucky of 1969, Public Law 91-190, were pub­ Fork Road to its junction with Edge- Highway 10, thence northwesterly along lished in the F ederal R egister (35 F.R. water Road, thence north along Edge- Kentucky Highway 10 to its intersection 5463). The amendments appended a water Road to its intersection with the with the southern boundary of Alex­ statement of general policy to Part 50 Butler-Hamilton County boundary, andria, Ky., thence along said boundary (Appendix D) which indicated how the thence easterly along said boundary to to its intersection with Pond Creek Road, Commission would exercise its responsi­ the western boundary of the Fernald thence southwesterly along Pond Creek bilities under that Act with respect to Atomic Energy Plant (U.S. Reservation Road to the Licking River and across the licensing of power reactors and fuel Territory), thence along the western, said river to Staffordsburg-Visalià Road, reprocessing plants pending (1) the de­ northern, and eastern boundaries of said thence along Staffofdsburg-Visalia Road velopment of more detailed procedures, plant to the Butler-Hamilton County ta its junction with Kentucky Highway in consultation with the Council on En­ boundary, thence easterly along said 16, thence along Kentucky Highway 16 vironmental Quality established by title county boundary to its intersection with to the Kenton-Boone County Line, II of that Act, (2) the development of Jackson Road at U.S. Highway 127, a thence along said county line to Walton, arrangements between the Commission point within the present zone, thence Ky., thence along the northern, eastern, and other Federal agencies that may be easterly along the present zone limits to southern, and western boundaries of designated as having jurisdiction by its intersection with Ohio Highway 4, Walton, Ky., to their intersection with law or special expertise in environments thence northwesterly along Ohio High­ Kentucky Highway 1292, thence west­ matters, and (3) the enactment of such way 4 to Seward Road, thence northerly erly along Kentucky Highway 1292 to legislation as may be proposed by tn along Seward Road to its junction with its junction with U.S. Highway 42, thence Commission in compliance with section Port Union Road, thence easterly along along U.S. Highway 42 to Union, Ky., 103 of the Act. The statement provided Port Union Road to its intersection with thence along the southern, western, and that the Commission’s Director of Reg­ the Fairchild Township line, thence northern borders of Union, Ky., to U.S. ulation or his designee will prepare tn northerly along said line to Hamilton- Highway 42, thence along U.S. Highway detailed statement on the environment Bèthany Road, thence easterly along 42 to the southern boundary of Hopeful considerations involved in proposed nu Hamilton-Bethany Road to Cincinnati- Heights, Ky., thence along the western clear power reactors and fuel reprocess­ Dayton Road, thence southerly on and northern boundaries of Hopeful ing plants, required by the National E - Cincinnati-Dayton Road to Bethany Heights to its intersection with Kentucky vironmental Policy Act, after transmit Road, thence easterly along Bethany Highway 18, thence along Kentucky of applications for licenses to C02?SV' , Road to its junction with Ohio Highway' Highway 18 to its junction with Kentucky and operate such plants ® r 741, thence northerly along Ohio High­ Highway 237, thence northerly along agencies which have legal jurisdiction way 741 to a point opposite the northern Kentucky Highway 237 to its junction special expertise with respect to enviro boundary of Turtle Creek-Union Town­ with Interstate Highway 275, thence mental impact. The statement of genera

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8595 policy also states that the Commission will also, as a matter of practice, rou­ Pursuant to the National Environ­ will incorporate in construction permits tinely send a copy of the report to the mental Policy Act of 1969 and section 553 and operating licenses for such plants a Governor of the State (s) or his of title 5 of the United States Code, no­ condition to the effect that the licensee designee (s ). tice is hereby given that adoption of the shall observe Federal and State stand­ (3) After receipt of the comments of following amendment to 10 CFR Part 50 ards and requirements for the protection the Federal, State, and local agencies,- is contemplated. All interested persons of the environment, including standards the Commission’s Director of Regulation who desire to submit written comments and requirements for the control of or his designee would prepare a detailed or suggestions for consideration in con­ thermal effects o f the release of heated statement on the environmental consid­ nection with the proposed amendment water from the facility to the environ­ erations, including, where appropriate, a should send them to the Secretary, U.S. ment, which are validly imposed under discussion of problems and objections Atomic Energy Commission, Washing­ Federal and State law and are deter­ raised by such agencies and the disposi­ ton, D.C. 20545, Attention: Chief, Public mined by the Commission to be appli­ tion thereof. In preparing the detailed Proceedings Branch, within 30 days after cable to the facility. statement, the Director of Regulation or publication of this notice in the F ederal Since the publication of the statement his designee could rely, in tyhole or in R e g ist e r . Comments received after that of general policy, the Council on En­ part, on, and incorporate by reference, period will be considered if it is practica­ vironmental Quality has issued interim the appropriate applicant’s environmen­ ble to do so, but assurance of considera­ guidelines to Federal agencies for the tal report, and the comments thereon tion cannot be given except as to com­ preparation of the detailed statements submitted by Federal, State, and local ments filed within the period specified. on environmental considerations (35 F.R. agencies, as well as the regulatory staff’s Copies of comments received by the Com­ 7390, May 12, 1970). In addition, on radiological safety evaluation. mission may be examined at the Com­ April 3,1970, the Water Quality Improve­ (4) The applicant’s environmental re­ mission’s Public Document Room, 1717 ment Act of 1970, Public Law 91-224, port submitted with an application for H Street NW „ Washington, D.C.. became effective. That Act, among other an operating license could incorporate by Appendix D is revised to read as things, requires an applicant for a Fed­ reference information contained in the follows: eral license or permit to conduct an environmental report submitted with the A ppendix D— Statement of G eneral P olicy activity, including the construction or application for a construction permit. and Procedure: I mplementation of the operation of a facility such as a nuclear The detailed statement prepared in con­ N ational Environmental P olicy A ct of power plant, which may result in any nection with an application for an op­ 1969 ( P u b l i c L a w 9 1 -1 9 0 ) discharge into the navigable waters of erating lidense would cover only those On January 1, 1970, the National Environ-, the United States, to provide the Federal environmental considerations which dif­ mental Policy Act of 1969 (Public Law 91— licensing agency with certification from fer significantly from those discussed in 190) became effective. Tbe stated purposes the State or interstate water pollution the detailed statement previously pre­ of that Act are: To declare a national policy control agency, or the Secretary of the pared in connection with the application which will encourage productive and enjoy­ Interior, as appropriate, that there is for a construction permit, and informa­ able harmony between man and his environ­ reasonable assurance, as determined by tion in such previously prepared state­ ment: to promote efforts which will prevent such certifying authority, that the ment could be incorporated by reference. or eliminate damage to the environment and (5) Since the requirements of section biosphere and stimulate the health and wel­ activity will be conducted in a manner fare of man; to enrich the understanding of which will not violate applicable water 21(b) of the Federal Water Pollution the ecological systems and natural resources quality standards. Federal licensing Control Act supersede pro tanto the more important to the Nation; and to establish a agencies would generally be prohibited general environmental requirements of Council on Environmental Quality. from issuing any such license or permit sections 102 and 103 of the National En­ Section 101(b) of that Act provides that, without having received this certification. vironmental Policy Act of 1969, both ap­ in order to carry out the policy set forth in The Commission has under considera­ plicants’ reports and the detailed state­ the Act, it is the continuing responsibility tion revision of the statement of general ments would be required with respect to of the Federal Government to use all practi­ cable means, consistent with other essential policy, Appendix D, to reflect (1) the water quality aspects of the proposal considerations',of national policy, to improve guidance of the Council on Environmen­ covered by section 214 b), to include only and coordinate Federal plans, functions, pro­ tal Quality and (2) the enactment of the a reference to the certification issued grams, and resources toward certain stated Water Quality Improvement Act of 1970. pursuant to section 21(b) or to the basis ends. Some of the significant new or amended on which such certification is not re­ In section 102 of the National Environ­ Provisions of proposed revised Appendix quired. License conditions imposed under mental Policy Act of 1969, the Congress au­ D are: . .. - Appendix D requiring observance of thorizes and directs that, to the fullest ex­ standards and requirements for the pro­ tent possible, the policies, regulations, and (1) Applicants for construction per­ public laws of the United States shall be in­ mits for nuclear power reactors and fuel tection of the environment as are validly terpreted and administered in accordance reprocessing plants would be required to • imposed pursuant to authority estab­ with the policies set forth in the Act. All submit with the application a separate lished under Federal and State law and agencies of the Federal Government are re­ report on specified environmental con­ as are determined by the Commission to quired, among other things, to include in siderations. The Commission intends to be applicable to the facility that is sub­ every recommendation or report on proposals Provide appropriate guidance as to the ject to the licensing action involved, for legislation and other major Federal ac­ scope and content of these reports. would not apply to matters of water qual­ tions significantly affecting the quality of ity covered by section 21(b) of the Fed­ the human environment, a detailed state­ (2) Copies of such reports would then ment by the responsible official on certain oe transmitted by the Commission, with eral Water Pollution Control Act. The specified environmental considerations. Prior request for comments, to Federal agen­ Commission plans to issue a separate to making the detailed statement, the re­ cies designated by the Council on En- statement of policy to indicate in greater sponsible Federal official is required to con­ îronmental Quality as having “jurisdic- detail how the Commission intends to sult with and obtain the comments of any on by law or special expertise with exercise its responsibilities under section Federal agency which has jurisdiction by law or special expertise with respect to any en­ vniPeÜ» any environmental impact in- 21(b) of that Act. ved or as “authorized to develop and (6) The types of materials licenses to vironmental impact involved. which procedures and measures similar Section 103 of that Act provides that all r °rc® environmental standards” as the agencies of the Federal Government shall mmission determines are appropriate, to those for nuclear power reactors and review their present statutory authority, ad­ ummary notice of availability of such fuel reprocessing plant licenses would be ministrative regulations, and current policies would be Published in the F ed- applied would be indicated. and procedures for the purpose of determin­ Register, with a request for com- The Commission expects that the pro­ ing whether there are any deficiencies or in­ Proposed action and on the visions of proposed revised’Appendix D, consistencies therein which prohibit full to the extent not inconsistent with the compliance with the purposes and provisions anv o V r?m State and local agencies of of the Act and shall propose to the Presi­ ter* fleeted State (with respect to mat- Commission’s regulations, will be useful dent such measures as may be necessary to autWi their jurisdiction) which are as interim guidance until such time as bring their authority and policies into con­ virrvmi?26? to develop and enforce en- the Commission takes further action on formity with the intent, purposes, and pro­ mental standards. The Commission the appendix. cedures set forth in the Act.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8596 PROPOSED RULE MAKING

Since the enactment of the National En­ application for a construction permit. With application for a construction permit and vironmental Policy Act of 1969, the Presi­ respect to the operation of nuclear power may incorporate by reference any informa­ dent has issued Executive Order 11514, dated reactors, the applicant, unless otherwise re­ tion contained in the detailed statement March 5, 1970, in furtherance of the purpose quired by the Commission, shall submit the previously prepared in connection with the and policy of that Act, and the Council on “Applicant’s Environmental Report— Op­ application for a construction permit. With Environmental Quality established by title II erating License Stage” only in connection respect to the operation of nuclear power of that Act has issued interim guidelines to with the first licensing action that would reactors, it is expected that in most cases the Federal departments, agencies and estab­ authorize full-power operation of the facility. detailed statement will be prepared only in lishments for the preparation of the detailed 3. Upon receipt of any applicant’s envi­ connection with the first licensing action statements on environmental considerations ronmental report, the Commission will that authorizes full-power operation of the (35 F.R. 7390, May 12, 1970). On April 3, transmit a copy of the report to such, Federal facility. 1970, the Water Quality Improvement Act agencies designated by the Council on En­ 6. W ith respect to water quality aspects of of 1970 (Public Law 91-224) became effective. vironmental Quality as having “jurisdiction the proposed action covered by section 21(b) That act redesignated section 11 of the Fed­ by law or special expertise with respect to of the Federal Water Pollution Control Act, eral Water Pollution Control Act as section any environmental impact involved” or as the requirements of section 21(b) supersede 21 and amended redesignatbd section 21 to “authorized to develop and enforce environ­ pro tanto the more general environmental require, in subsection 21(b)(1), any appli­ mental standards” as the Commission deter­ requirements of sections 102 and 103 of the cant for a Federal license or permit to con­ mines are appropriate, with a request for National Environmental Policy Act of 1969. duct any activity, including the construction comment on the report within thirty (30) W ith respect to such aspects, therefore, the or operation of a facility, which may result days. The Commission may extend the environmental reports submitted by appli­ in any discharge into the navigable waters period for comment if it determines that cants pursuant to paragraphs 1 and 2 and of the United States, to provide the Federal such an extension is practicable. If any such the detailed statements prepared pursuant to licensing agency a certification from the Federal agency fails to provide the Commis­ paragraph 5 need include only a reference to State in which the discharge originates, or sion with comments within thirty (30) days the certification issued pursuant to section from an interstate water pollution control after the agency’s receipt of the Report or 21(b) or to the basis on which such certifica­ agency having jurisdiction over the navigable such later date as may have been specified tion is not required. waters at the point where the discharge origi­ by the Commission, it will be presumed that 7. The Commission will transmit to the nates, or the Secretary of the Interior, in the agency has no comment to make. Council on Environmental Quality copies of cases where water quality standards have 4. Upon receipt of any applicant’s environ­ (a) each applicant’s environmental report, been promulgated by the Secretary under mental report, the Commission will cause to (b ) comments thereon received from Fed­ section 10(c) of the Federal Water Pollution be published in the Federal R egister a sum­ eral, State, and local agencies, and (c) each Control Act or where the State or interstate mary notice of the availability of the report. detailed statement prepared pursuant to agency has no authority to give such cer­ (In accordance with § 2.101(b) of Part 2, paragraph 5. Copies of such reports, com­ tification, that there is reasonable assurance, the Commission will also send a fcopy of the ments, and statements will be made avail­ as determined by such certifying authority, application to the Governor or other appro­ able to the public as provided by section 552 that the activity will be conducted in a priate official of the State in which the of title 5 of the United States Code, and will manner which will not violate applicable facility is to be located and will publish in accompany the application through the water quality standards. the Federal R egister a notice of receipt of Commission’s review processes. After each de­ Pending (1) the issuance of further guid­ the application, stating the purpose of the tailed statement becomes available, a notice ance by the Council on Environmental Qual­ application and specifying the location at of its availability will be published in the ity, and (2) the enactment of such legisla­ which the proposed activity will be con­ Federal R egister. tion as may be proposed by the Commission ducted.) The summary notice to be published 8. W ith respect to those proceedings which in compliance with section 103 of the Na­ pursuant to this paragraph will request, take place in the immediate and near future, tional Environmental Policy Act of 1969, and within sixty (60) days or such longer period it is recognized that the detailed statements consistent with the public interest in avoid­ as the Commission may determine to be may not be as complete as they will be after ing unreasonable delay in meeting the grow­ practicable, comment on the proposed action there has been an opportunity to coordinate ing national need for electric power, the and on the report, from State and local the procedures described herein with the Commission will exercise its responsibilities agencies of any affected State (with respect other agencies involved, and, further, that under that Act as follows : to matters within their jurisdiction) which some period of time may be required before 1. Each applicant for a permit to con­ are authorized to develop and enforce en­ full compliance with the procedures them­ struct a nuclear power reactor or a fuel vironmental standards. The summary notice selves can be achieved. « reprocessing plant shall submit with his will also contain a statement to the effect 9. The filing of the applicant’s environ­ application one hundred (100) copies of that a copy of the report and comments of mental reports, and of the detailed state­ a separate document, to be entitled “Appli­ Federal agencies thereon will be supplied to ments described in paragraph 5., shall not be cant’s Environmental Report— Construction such State and local agencies on request. If construed as extending the licensing or regu­ Permit Stage,” whiçh discusses the following any such State or local agency fails to pro­ latory jurisdiction of the Commission to environmental considerations : vide the Commission with comments within making independent determinations on mat­ (a) The environmental impact of the pro­ sixty (60) days of the publication of the ters other than those specified in Part 50 for posed action, summary notice or such later date as may construction permit or operating license have been specified by the Commission, it (b ) Any adverse environmental effects applications. which cannot be avoided should the proposal will be presumed that the agency has no 10. The Commission will incorporate in be implemented, comment to make. constfuction permits and operating licenses (c) Alternatives to the proposed action, 5. After receipt of the comments requested for power reactors and fuel reprocessing (d) The relationship between local short­ pursuant to paragraphs 3 and 4, the Director plants a condition to the effect that the term uses of man’s environment and the of Regulation or his designee will prepare a licensee shall observe such standards an^ maintenance and enhancement of long-term detailed statement on the evironmental con­ requirements for the protection of the en­ productivity, and siderations specified in paragraph 1, includ­ vironment as are validly imposed pursuan (e) Any irreversible and irretrievable com­ ing, where appropriate, a discussion of to authority established under Federal an mitments of resources which would be in­ problems and objections raised by Federal, State law and as are determined by the volved in the proposed action should it be State, and local agencies and the disposition Commission to be applicable to the facl11 ' implemented. thereof. In preparing the detailed statement, that is subject to the licensing action 2. Each applicant for a license to operate the Director of Regulation or his designee volved. This condition will not apply to (a; a nuclear power reactor or a fuel reprocessing may rely, in whole or in part, on, and may radiological effects since radiological effec plant shall submit with his application one incorporate by reference, the appropriate ap­ are dealt with in other provisions of the con­ hundred (100) copies of a separate docu­ plicant’s environmental report, and the struction permit and operating license, ment, to be entitled “Applicant’s Environ­ comments thereon submitted by Federal, (b) matters of water quality covered j mental Report— Operating License Stage,” State, and local agencies pursuant to para­ section 21(b) of the Federal Water Pollution which discusses the same environmental graphs 3 and 4, as well as the regulatory Control Act. considerations described in paragraph 1, but staff’s radiological safety evaluation. The 11. Determinations made by cognizant Fed­ detailed statement will relate primarily to only to the extent that they differ signifi­ eral or State bodies that there is not re cantly from those discussed in the appli­ the environmental effects of the facility that sonable assurance of compliance with cant’s environmental report previously is subject to the licensing action involved. standards and requirements encompasse submitted with the application for a con­ Detailed statements prepared in connec­ the condition described in paragraph struction permit. The “Applicant’s Environ­ tion with an application for an operating will be deemed proper for consideration mental Report—Operating License Stage” license will cover only those environmental Commission licensing proceedings. The con­ may incorporate by reference any informa­ considerations which differ significantly from dition, however, shall not be construed tion contained In the applicant’s environ­ those discussed in the detailed statement mental report previously submitted with the previously prepared in connection with the extending the jurisdiction of this agency

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 PROPOSED RULE MAKING 8597 making an independent review of (a) stand­ posed action is one significantly affecting the detailed statement prepared in connection ards or requirements validly imposed pur­ quality of the human environment. The with an application for a materials license. I f suant to authority established under Federal Commission has determined that such pro­ a proposed subsequent licensing action in­ ceedings will ordinarily include proceedings and State law or (b) equipment or measures volves environmental considerations which proposed by the applicant to meet standards for the issuance of the following types of differ significantly from those discussed in or requirements validly imposed pursuant to materials licenses: (a) Licenses for posses­ authority established under Federal and State sion and use of special nuclear material for the detailed statement previously prepared law. fuel element fabrication, scrap recovery and in connection with the original licensing Nothing in this appendix shall be construed conversion of uranium hexafluoride; (b) li­ action, a supplementary detailed statement- censes for possession and use of source mate­ as affecting (a) the manner in which the will be prepared. t Commission obtains advice from other agen­ rial for uranium milling and production of cies, Federal and State, with respect to the uranium hexafluoride; and (c) licenses au­ (Sec. 102, 83 Stat. 853) thorizing commercial radioactive waste dis­ control of radiation effects, or (b ) the other, Dated at Germantown, Md., this 1st and separate, provisions of the construction posal by land burial. The procedures and permit and operating license which deal with measures to be followed with respect to mate­ day of June 1970. rials licenses will, of course, reflect the fact radiological effects. For the Atomic Energy Commission. •Procedures and measures similar to those that, unlike the licensing of production described in the preceding paragraphs of this and utilization facilities, the licensing of W . B . M cC o o l , appendix will be followed in proceedings materials does not require separate author­ Secretary. other than those involving nuclear power reactors and fuel reprocessing plants when izations for construction and operation. Or­ [F.R. Doc. 70-6948; Filed, June 2, 1970; the Commission determines that the pro­ dinarily, therefore, there will be only one 10:18 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8598 Notices

employees of the Bureau of Indian Affairs, C. The Bureau of Indian Affairs shall, as subject to certain restrictions. requested by the Governor, provide technical DEPARTMENT OF THE INTERIOR services and administrative assistance as A rticle II — B asic P rovisions possible from the Albuquerque Area Office. Bureau of Indian Affairs A. There are mutual responsibilities shared Article III— Supplements PUEBLO OF ZUNI by the Zuni Pueblo and the Bureau of Indian Affairs to insure the integrity of this Attached to and by reference made a part Notice of Program Agreement agreement. These responsibilities are: Pro­ of this agreement are both program and tecting the rights and privileges of the Fed­ procedural supplements for the fiscal year Notice is hereby given that pursuant eral employees at Zuni; care and custody of 1971. to the authority vested in the Secretary Federal Government property; planning and A. Program Supplement. There shall be an of the Interior by 25 U.S.C. 48 (R.S. sec. budgeting annually all moneys programed annual program supplement encompassing 2072) a program agreement was executed for Zuni; and compliance with Federal laws all Bureau program activities on the Zuni and regulations, such as the United States Reservation. This supplement shall specify between the Puablo of Zuni and the Code, the Code of Federal Regulations, De­ Bureau of, Indian Affairs, Department of fund and position allocation for each of partment of the Interior, and Bureau of In­ these activities. Each fiscal year the program the Interior on May 23, 1970. Under the dian Affairs manuals, and any Federal ap­ supplement shall be rewritten. terms of the agreement, Bureau of propriation act language applicable to B. Procedural Supplement. There shall be Indian Affairs programs and personnel moneys spent at Zuni. a procedural supplement for each Bureau serving the Zuni Reservation, with stated 1. All rights and privileges of the Federal program or function, as needed, to provide exceptions, are placed under the direc­ employee shall be preserved. The most signifi­ guidelines and instructions for day-to-day cant of these are: position classifications operations. tion and supervision of the Zuni Pueblo must conform to Civil Service Commission government. The program agreement, standards; performance must be evaluated Article IV— M odification which will become effective on July 1, by a Federal supervisor; promotion must A. This basic agreement may be modified 1970, reads as. follows: conform to the policies established by the at any time by mutual consent of the parties Civil Service Commission and the Bureau of when it is deemed to be in the interest of P rogram A greement Betw een the P ueblo op Indian Affairs; the Secretary retains author­ Z u n i and the B ureau op I n d ia n Affairs more effective operation. ity to reassign any employee to another sta­ B. The procedural supplements may be PREAMBLE tion of duty; and the Federal employees modified at any time by 41) mutual con­ shall continue to have the right to file a sent of the parties, or (2) the Area Director, The purpose of this agreement is to maxi­ grievance with the Department of the after consultation with the Governor, when mize the involvement of the Zuni people in Interior and the Civil Service Commission. considered necessary to protect the integrity the management of their affairs on the 2. The accountability, utilization, and dis­ of funds and the trust responsibility of the reservation. It is désignée! to place Bureau posal of Federal Government-owned prop­ of Indian Affairs programs and personnel on United States. erty shall be in accordance with the provi­ C. The program supplement may be the reservation under the administration and sions of current Bureau and departmental modified by the Area Director after con- direction of the Zuni Pueblo government, regulations, which are now or may become sultation.with the Governor. with the exception of nondelegable trust applicable to installations under the juris­ responsibilities placed in the Bureau of diction of the Bureau of Indian Affairs. In­ A rticle V— Evaluations Indian Affairs by the Congress of the United cluded, but not limited to, are periodic inven­ It is recognized that this mutual endeavor States. tories, assignment of responsibility for care is dependent upon continual smooth func­ The objectives and interest of both parties and custody to individuals, efficient utiliza­ tioning of all levels of "¡activity. The possibil­ to the agreement will be achieved in that: tion, and disposal only in accordance with ity exists that adjustments in thè overall (1) The Zuni Pueblo will acquire an ad­ established procedures. administration, the basic agreement, or the ministrative and technical staff commen­ 3. The Zuni Pueblo shall make timely supplements may be necessary to insure surate with its need to implement reserva­ preparation of documents necessary to meet maximum effectiveness. Accordingly, proce­ tion plans and programs;. (2) the Bureau will the requirements of the Planning, Program­ dures are provided for periodic and special have fully shared with the Zuni Pueblo the ing, and Budgeting System. These docu­ evaluation. planning and execution of Bureau programs ments include, but are not limited to, the A. Once each 3 months during fiscal year for Zuni people; and (3) together the Zuni annual updating of the Reservation De­ 1971, once each 6 months during fiscal year Pueblo and Bureau will have designed and velopment Data Base, the Program Memor­ 1972, and once each year thereafter, a team proven a prototype, reservation planning de­ andum, Financial Program, and the Zuni appointed jointly by the Governor and the velopment model for numerous Indian Pueblo Tribal budget. Documents prepared Area Director shall review the operation m reservations throughout the United States. to meet requirements of the Bureau shall be depth and in accordance with criteria ana The scope of programs included in this prepared according to instructions which will schedule established Jointly by both parties agreement is, in general, all Bureau pro­ be provided to insure compliance with the to this agreement. . grams available to Indian people. Initially, budget system of the Federal Government B. At any time either party may request the scope encompasses those programs cur­ unless otherwise authorized. a special Joint review 6f any part or a spe­ rently in operation on the Zuni Reservation. 4. Fiscal integrity shall be maintained, both cific function of the operation. All Bureau funded programs shall be set in separation of and in accounting for Bu­ C. Results of reviews made under A ana forth in procedural and program supplements reau and non-Bureau funds. Control of B above shall be jointly analyzed and ap­ referred to in Article III. The program sup­ Bureau funds shall be in accordance with propriate corrective action effected. plement shall be jointly reviewed annually appropriation structure and langauge. as to content and funding level to insure A rticle V I— Cancellation 5. All management authorities that can­ maximum possible support of the Zuni not, in accordance with .Solicitor’s Opinion This agreement may be canceled by_eit^ Pueblo program goals. M-36803, be delegated to officers of the ,rty on 180 days written notice to me A rticle I — A uthority Pueblo shall be retained by the Area Director her. By Resolution M70-70-268, dated March 19, and may be delegated to a Federal employee. Executed this 23d day of May 1970 at B. The Governor of the Zuni Pueblo, 1970, the Zuni Pueblo Tribal Council ex­ mi, N. Mex., by Robert E. Lewis, g o v - pressed a desire to assume the administra­ through the authority of the Council, shall tion of programs and. the direction of Bureau administer the daily operations of all Bu­ nor of the Pueblo of Zuni pursuant to of Indian Affairs employees on the Zuni Res­ reau of Indian Affairs programs and direct ithority of Pueblo of Zuni Resolution ervation for the purpose of achieving the personnel within the general range of their 70-70-285 and by Harrison Loesch, As- Zuni Pueblo development goals. The provi­ employment on the Zuni Reservation. In­ sions of R.S. section 2072, 25 U.S.C. 48, as cluded in the administration of Bureau pro­ stant Secretary for Land Management, Interpreted in Solicitor’s Opinion M-36803 grams is the responsibility for reports and apartment of the Interior, Washington. (Apr. 3, 1970), with the concurrence of the responses to Albuquerque Area Office ,C., pursuant to the authority ves General Counsel of the U.S. Civil Service requests—either routine or special— for sta­ Commission, authorize tribal direction of tistical and other information. him by the Secretary of the Interior.

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8599

The provisions of this Program Agree­ Sec. 25, NWViNWi/4; TREASURE COUNTY Sec. 26, Ey2NEi4; ment will become effective July 1, 1970. T. 5 N., R. 34 E., Sec. 30, lot 10 and S W ^ S E ^ ; Sec. 2, lot 8; H a r r iso n L o e s c h , Sec. 31, N W ^ N E ^ . Sec. 12, lots 1 and 2; Assistant Secretary, Sec. 22, lot 4. Department of the Interior. The public lands described above aggregate approximately 1,240 acres. T. 6 N., R. 35 E., Sec. 22, lots 4 and 5; R obert E. L e w i s , 4. As provided in paragraph 2 above, Sec. 28, lot 1; Governor, the following public lands are segregated Sec. 30, lots 6 and 7. Pueblo of Zuni. from appropriation only under the agri­ T. 6 N., R. 36 E., [F.R. Doc. 70-6836; Filed, June 2, 1970; cultural land laws, from sales under sec­ Sec. 6, lot 1. 8:49 a.m.] tion 2455 of the Revised Statutes and T. 6 N., R. 37 E„ from lease or sale under the Recreation Sec. 2, lots 1 and 2. T. 6 N., R. 38 E„ and Public Purposes Act of June 14,1926. Bureau of Land Management Sec. 6, lots 3 and 4. P rincipal M eridian, M ontana T. 7 N., R. 36 E., [Montana 15352] Sec. 26, lots 5 and 6; PARK COUNTY Sec. 34, lots 4 and 5. MONTANA T. 1 s., R. 10 E., T. 7 N., R. 37 E., Sec. 24, lots 3 and 4 and Ny2SWy4. Sec. 31, lot 6. Notice of Proposed Classification of T. 1 S., R. H E ., Public Lands for Multiple-Use Sec. 28, lot 6. The public lands described above T. 1 S., R. 12,E„ aggregate approximately 1,382.32 acres. Management Sec. 15, lot 7; ' Total public lands in paragraphs 3 and M a y 26, 1970. Sec. 28, lots 1, 2, and 3. 4 aggregate approximately 2,622.32 acres. 1. Pursuant to the Act of Septem­ T. 2 S., R. 12 E., 5. For a period of 60 days from the ber 19, 1964 (43 U.S.C. 1411-18) and to Sec. 6, lot 1. date of publication of this notice in the the regulations in 43 CFR, Parts 2410 T. 5 S., R. 8 E., Sec. 27, NE14NW14. F ederal R e g ist e r , all persons who wish and 2411, it is proposed to classify for T. 7 S., R. 7 E„ to submit comments, suggestions, or ob­ multiple-use management the public Sec. 20, lot 4. jections in connection with the proposed lands within the area described below. classification may present their views in SWEET GRASS COUNTY As used herein, “public lands” means any writing to the District Manager, Bureau lands withdrawn or reserved by Execu­ T. 1 N., R. 14 E., of Land Management, Billings, Mont. tive Order No. 6910 of November 26,1934, Sec. 12, lot 13. T. 1 N„ R. 15 E., 6. I f circumstances warrant, a public as amended, or within a grazing district Sec. 17, lots 1 and 3; hearing will be held at a convenient time established pursuant to the Act of Sec. 21, lot 4; and place which will be announced. June 28, 1934 (48 Stat. 1269), as , Sec. 22, lot 5. E r n e s t L. K e m m is , amended, which are not otherwise with­ T. 1 S., R. 13 E., drawn or reserved for a Federal use or Sec. 8, lot 5; Acting State Director. purpose. Sec. 18, lot 1. [F.R. Doc. 70-6825; Filed, June 2, 1970; 2. Publication of this notice has the T. 1 S., R. 16 E., 8:49 a.m.] effect of segregating the lands described Sec. 6, lot 1. T. 1 S., R. 17 E„ in paragraph 3 from appropriation under Sec. 26, lot 3; [Serial No. N-3475] the agricultural land laws (43 U.S.C. Sec. 27, lot 7. Parts 7 and 9; 25 U.S.C. sec. 334) and NEVADA from sales under section 2455 of the Re­ STILLWATER COUNTY vised Statutes (43 U.S.C. 1171). Publi­ T. 1 S., R. 18 E., Notice of Offering of Land for Sale Sec. 34, lot 1. cation of this notice also has the effect M ay 25, 1970. of segregating the lands described in T. 2 S., R. 19 E., paragraph 4 from appropriation under Sec. 4, lot 2; Notice is hereby given that under the Sec. 6, lot 12; provisions of the Public Land Sale Act of the agricultural land laws (43 U.S.C. Sec. 14, lot 1. Parts 7 and 9; 25 U.S.C. sec. 334); from September 19, 1964 (78 Stat. 988, 43 T. 2 S., R. 20 E., U.S.C. 1421-1427), 43 Subpart 2243, and sales under section 2455 of the Revised Sec. 19, lot 7; Statutes (43 U.S.C. 1171); and from lease Sec. 20, lot 5. pursuant to an application from Lyon or sale under the Recreation and Public T. 3 S., R. 21 E., County, Nev., the Secretary of the Purposes Act of June 14, 1926, as Sec. 6, lot 1; Interior will offer for sale the following amended (43 U.S.C. 869). Except as Sec. 8, lot 1; - tract of land: Sec. 9, lots 5, 6, 7, and 9. provided above, the lands shall remain M o u n t D iablo M eridian, N evada YELLOWSTONE COUNTY open to all other applicable forms of T. 18 N., R. 24 E. appropriation including the mining and T. 1 N„ R. 27 E., Sec. 26, N i/ aN E ^ N W ^ . mineral leasing laws. The public lands Sec. 8, lots 3, 4, and 6. Proposed for classification are shown on T. 3 N., R. 28 E., The area described contains 20 acres. maps on file in the Billings District Of­ Sec. 24, lot 5; It is the intention of the Secretary to fice, Billings, Mont., and on plats in the Sec. 26, lot 5. enter into an agreement with Lyon Land Office, Bureau of Land Manage­ T. 3 N., R. 29 E., County to permit the county to purchase Sec. 20, lot 5; the land at its appraised market value, ment, Federal Building, Billings, Mont. Sec. 22, lots 5 to 8, inclusive; 3. As provided in paragraph 2 above, Sec. 24, lots 5 and 6. $6,000. The county will also be required the following public lands are segregated T. 3 N., R. 30 E., to pay for the publication of notice of irom appropriation only under the agri­ Sec. 22, lots 5 to 8, inclusive. this offering. cultural land laws and from sales under T. 4 N., R. 32 E., The land will be sold subject to all section 2455 of the Revised Statutes. Sec. 32, lots 6, 7, 8,15,16, and 17. valid existing rights. Reservations will T. 5 N„ R. 33 E., be made to the United States for rights- Principal M eridian, M ontana Sec. 34, lot 5. of-way for ditches and canals in accord­ YELLOWSTONE COUNTY T. 5 N., R. 34 E., Sec. 28, lot 1. ance with the Act of August 30, 1890 (26 T- 1 s., R. 26 E„ T. 1 S., R. 25 E„ Stat. 391; 43 U.S.C. 945). All minerals Sec. 14, Ey2swy4 and Sy2SE%; Sec. 25, lot 3; are to be reserved to the United States snvy • E1/2NE1/4’ s w 1/4n e &, and SEy4 Sec. 34, lots 4 and 5. T. 1 S., R. 26 E., and withdrawn from appropriation under Se^ 2L SW1/*NE1/4, NWy4, Ny2SW^, and Sec. 14, lot 3 and S E ^ N W »4 . the public land laws, including the gen­ ■N % SE % ; T. 2 S., R. 24 E., eral mining laws. Seswy’- N1/2NE1^. NE14NW&, and NW>/4 Sec. 13, lots 10 and 11; Sec. 14, lot 7; Any adverse claimants to the above- Sec. 24!’wy2wya; Sec. 23, lot 13. described land should file their claims or

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107---- io 8600 NOTICES objections with the undersigned within T. 14 N., R. 21 W., ALASKA 30 days of the filing of this notice. Sec. 1, lots 1,2,3,4, sy2Ny2, an dSW ]4; Southcentral District Sec. 3, lots 1,2,3, and 4; A . J o h n H il l s a m e r , Secs. 11 and 13; Dutch Harbor, Unalaska Island, Church of Acting Land Office Manager. Sec. 15, lots 1,2, 3, and 4; the Holy Ascension, Unalaska. Sec. 23; Kenai, Russian Orthodox Mission Church, [F.R. Doc. 70-6826; Filed, June 2, 1970; Sec. 25,Sy¡Ny, andSy2; east shore of Cook Inlet. 8:49 a.m.] Sec. 27, lots 1,2, 3, and 4; CALIFORNIA Sec. 35, NE%NE]4» Sy2NEi,4, SW%NW]4. and 8 % . Los Ángeles County [New Mexico 11692] T. 15 N., R. 21 W., Long Beach, Los Cerritos Ranch House, 4600 Sec. 1; Virginia Road. NEW MEXICO Sec. 3, lots 1, 2, 3, and 4; Secs. 11 and 13; Monterey County Notice of Proposed Classification Sec. 15, lots 1, 2, 3, and 4; Monterey, Monterey Old Town Historic Dis­ M a y 25, 1970. Secs. 23 and 25; Sec. 27, lots 1, 2, 3, and 4; trict. Two districts. The southern one Pursuant to section 2 of the Act of Sec. 35, w y¡¡. bounded by Dutra Street on the west, September 19, 1964 (43 U.S.C. 1412), Madison Street on the east, Polk Street on notice is hereby given of a proposal to The areas described aggregate the south, and Jefferson Street on the classify the lands described below for 20,231.94 acres. north; northern district bounded by Pa­ cific Street on the west, Scott Street on disposal through exchange, under sec­ W. J. A n d e r s o n , the south, by Alvarado Street on the east, tion 8 of the Act of June 28, 1934 (48 State Director. and Decatur Street on the north. Stat. 1269; 43 U.S.C. 315g), as amended. [F.R. Doc. 70-6827; Filed, June 2, 1970; San Benito County The District Advisory Board, local 8:49 a.m.] governmental officials and other inter­ San Juan Bautista, Ansa House, Third and ested parties have been notified of this Franklin Streets. [New Mexico 11643] San Juan Bautista, Castro (Jose) House, application. Information derived from south side of the Plaza. discussions and other sources indicates NEW MEXICO San Juan Bautista, San Juan Bautista Plaza that these lands meet the criterion of 43 Historic District, beginning at the inter­ CFR 2410.1-3 (c) (4), which authorizes Notice of Proposed Withdrawal and section of Washington Street and Second classification of lands “ for exchanges Reservation of Lands; Correction Street, northwest along Second to Mari­ under appropriate authority, where they posa Street, northeast along Mariposa to are found to be chiefly valuable for pub­ May 26, 1970. First Street, southeast on First to Wash­ lic purposes because they have special In F.R. Doc. 70-5922 appearing on ington Street, southwest on Washington to Second Street. values, arising from the interest of ex­ page 7518 of the F ederal R eg ister issue change proponents, for exchange for of Thursday, May 14,1970 (35 F.R. 7518), San Diego County other lands which we need for the sup­ the following correction should be made: Oceanside vicinity, San Luis Rey Mission port of a Federal program.” Information Puerco Mesa Poleo Road Roadside Church, 4 miles east of Oceanside on Cali­ concerning the lands, including the Zone, T. 20 N., R. 2 E., change “Sec. 3, fornia 76. record of public discussions, us available lots 1, 2,” to “ Sec. 3, lots 3, 4.” San Diego, Estudillo House, 4000 Mason for inspection and study in the Land Street. F red E. P a d il l a , Office, Bureau of Land Management, San Diego vicinity, San Diego Mission . Acting Land Office Manager. Church, 5 miles east of Old Town San U.S. Post Office and Federal Building, Diego on Friars Road. [F.R. Doc. 70-6839; Filed, June 2, 1970; Santa Fe, N. Mex. 87501 and Albuquerque Vista vicinity, Guajome Ranch House, 2.5 8:50 a.m.] District Office, Bureau of Land Manage­ miles northeast of Vista. ment, 1304 Fourth Street NW„ Al­ Santa Barbara County buquerque, N. Mex. 87107. National Park Service For a period of 60 days from the date Lompoc vicinity, La Purísima Mission, 4 miles of this publication, interested parties NATIONAL REGISTER OF HISTORIC east of Lompoc. Los Alamos vicinity, Los Alamos Ranch may submit comments to the District PLACES House, 3 miles west of Los Alamos on old Manager of the Albuquerque District U.S. 101. Office. Additions, Deletions, and Corrections Santa Barbara, Vhay House, 835 Laguna The lands affected by this, proposal By notice in the F ederal R eg ister of Street. are located in McKinley County,'N. Mex., February 3,1970, Part II (pp. 2476-2496), Sonoma County and are described as follows: there was published a list of the prop­ Fort Ross vicinity, Fort Ross Chapel, north of Fort Ross on California 1, Fort Ross N e w M exico P rincipal M eridian erties included in the National Register of Historic Places. This list has been State Historical Monument. T. 15 N., R. 19 W., amended by a notice in the F ederal Fort Ross vicinity, Fort Ross Commander’s * Sec. 7, lots 1,2, E ^ , and Ey2NWy4; House, north of Fort Ross on California 1, R e g ister on March 3 (35 F.R. 4013— Sec. 17,wy2NW i4. Fort Ross State Historical Monument. T. 13 N„ R. 20 W., 4014), April 7 (35 F.R. 5635-5636), and May 5 (35 F.R. 7086-7087). Further no­ Petaluma vicinity, Petaluma Adobe, 4 miles Sec. 1; east of Petaluma on Casa Grande Road. Sec. 3, lot 1, S&NEJ4, S E & N W % , and tice is hereby given that certain amend­ SEi,4; ments or revisions, in the nature of addi­ COLORADO Secs. 5, 7, 9, and 11; tions, deletions, or corrections to the Clear Creek County Sec. 13, Ni/2 and SE%; previously published list are adopted as Sec. 15, NW*4 and Sy2; Georgetown, Hotel de Paris, Alpine Street. Sec. 17; set out below. Sec. 19, lots 1, 2, 3, 4, N E ^ , and EyfcWyi; It is the responsibility of all Federal Denver County Secs. 21 and 23; agencies to take cognizance of the prop­ Denver, Brown Palace Hotel, 17th Street and Sec. 25, N%NWy4, S ^ -S W ^ , and SE% ; erties included in the National Register Tremont Place. Sec. 27, Ei/2, Ny2NWV4. S E ^ N W % . and as herein amended and revised in accord­ swy4swy4; ance with section 106 of the National DELAWARE Sec. 29* Historic Preservation Act of 1966,80 Stat. Kent County Sec. 31, lots 1, 2, 3, 4, and EV&WV&. 915, 16 U.S.C. 470. T. 13 N., R. 21 W., lenton vicinity, Aspendale, c. 1 mile west 0 The following properties have been Kenton on Delaware 300. Sec. 1; added to the National Register since Sec. 3, lots 1,2,3, and 4; FLORIDA Sec. 13, SE^NEft, NW &NW ^, Sy2NW ^, May 5: and S y2‘, ALABAMA ■ St. Johns County Sec. 15, lots 2,3, and 4; De Kalb County t. Augustine, Cathedral of St. Secs. 23 and 25; Fort Payne, Fort Payne Opera House, 510 Cathedral Street between Charlott Sec. 27, lots 1,2, 3, and 4; St. Georges Streets. Sec. 35. Gault Avenue, North.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8601

St. Augustine, Llambias House, 31 St. Francis Muscogee County Hollywood vicinity, Resurrection Manor, c. •* Street. miles east of Hollywood. Columbus, Gunboats Muscogee and Chatta­ St. Augustine, Oldest House, 14 St. Francis hoochee, Fourth Street, west of U.S. 27. Street. Talbot County St. Augustine, St. Augustine Town Plan His­ Oconee County Easton vicinity, Wye House, 6.9 miles north­ toric District, bounded on the south by west of Easton on Miles Neck River. King Street, on the west by St. George Watkinsville, Eagle Tavern, intersection of Street, on the north by Cathedral Street, U.S. 129 and 441. MINNESOTA and on the east by Charlotte Street. Taliaferro County Brown County GEORGIA Crawfordville, Liberty Hall, Alexander Ste­ New Ulm, Federal Post Office Building, Center Baldwin County phens Memorial Park, U.S. 278. Street and Broadway. Milledgeville, Atkinson Hall, Georgia College, Wilkes County MISSISSIPPI Georgia College campus, Washington, Washington-Wilkes Historical Adams County Milledgeville, Old Governor’s Mansion, South Museum, intersection of U.S. 78 and 378. Clark Street. Natchez vicinity, Longwood, 1.5 miles south­ Milledgeville, Old State Capitol, West Han­ ILLINOIS east of Natchez. cock and Jefferson Streets. Randolph County Montana Barrow County Ellis Grove vicinity, Menard ( Pierre) House, Gallatin County Winder vicinity, Fort Yargo, Fort Yargo State Fort Kaskaskia State Park. Logan vicinity, Madison Buffalo Jump State Park, Georgia 81. St. Clair County Monument, sec. 34, T. 1 N., R. 2 E. Bryan County Cahokia, Church of the Holy Family, East Lewis and Clark County Richmond Hill vicinity, Fort McAllister, 10 First Street. Helena, Former Executive Mansion, Sixth miles east of U.S. 17. LOUISIANA Avenue and Ewing Street. Carroll County Orleans Parish Helena, Kluge House, 540 West Main Street. Carrollton, Bonner-Sharp-Gunn House, West New Orleans, Girod (Nicholas) House, 500 NEW JERSEY Georgia College campus. Chartres Street. ' New Orleans, Lafitte’s Blacksmith Shop, 941 Mercer County Clarke County Bourbon Street. Trenton, Trent (William) House, 539 South Athens, Academic Building, University of New Orleans, Madame John’s Legacy, 632 Warren Street. Georgia, University of Georgia campus. Dumaine Street. Athens, Bishop House, Jackson Street, Uni­ New Orleans, The Presbytère, 713 Chartres NEW MEXICO versity of Georgia campus. Street. Pointe Coupee Parish Santa Fe County ■ Athens, Chapel, University of Georgia, Uni­ versity of Georgia campus. - Mix vicinity, Parlange Plantation House, at Truchas vicinity, El Santuario de Chimayo', south of Truchas in Chimayo. Athens, Demostheniah Hall, University of junction of Louisiana 1 and 78. Georgia, University of Georgia campus. St. Charles Parish Taos County Athens, Lustrat House, University of Georgia Las Trampas, San Jose de Gracia Church. campus. Hahnville vicinity, Keller (Homeplace) Plantation House, 0.5 mile south of Hahn­ Athens, Moore Hall, University of Georgia, Ranchos de Taos, San Francisco de Assisi ville Post Office on Louisiana 18. University of Georgia campus. Mission Church, on the Plaza. Athens, Old College, University of Georgia, MAINS Valencia County University of Georgia campus. Knox County (also in Waldo County) Acoma, San Estevan de Rey Mission Church, Athens, Old Lucy Cobh Institute Dormitory, on New Mexico 23. University of Georgia, University of Geor­ Vicinity of Warren, Union, Appleton, and gia campus. Searsmont, Georges River Canal, Upper OKLAHOMA Athens, Phi Kappa Hall, University of Geor­ Falls, Georges River in Warren to Union Blaine County gia, University of Georgia campus. town line, extending to Quantabacook Pond in Searsmont. Athens, President’s House, 570 Prince Street. Canton vicinity, Cantonment, NW54 sec. 29, Athens, Waddel Hall, University of Georgia, Waldo County T. 19 N^R. 13 W. University of Georgia campus. Georges River Canal (see Knox County). PENNSYLVANIA Athens, Wilson-Lumpkin-Hall House, Uni­ versity of Georgia campus. MARYLAND Philadelphia County Philadelphia, Carpenters’ Hall, 320 Chestnut Fulton County Anne Arundel County Street. Atlanta, State Capitol, Capitol Square. Annapolis, Brice House, 42 East Street. Annapolis, Chase-Lloyd House, 22 Maryland Philadelphia, Christ Church, Second Street Gordon County Avenue. between Market and Filbert Streets. Calhoun vicinity, New Echota, north of Cal­ Galesville vicinity, Tulip Hill, c. 2.5 miles RHODE ISLAND west of Galesville on Owensville Road. houn on Georgia 225. Bristol County Woodland Beach vicinity, London Town Jackson County Publik House, south bank of the South Bristol, Bristol County Courthouse, High Jefferson, Crawford W. Long Medical M u ­ River, c. 0.5 mile northeast of Woodland Street. seum, U.S. 129. Beach. Kent County Baltimore (independent city) Liberty County East Greenwich, Armory of the Kentish vicinity, Fort Morris, c. 10 miles east Mount Clare, Carroll Park. Guards, Armory and Peirce Streets. Midway off Georgia 38 near the old town Kent County East Greenwich, Kent County Courthouse, Sunbury. 127 Main Street. . jk Newport vicinity, St. Catherine’s Chestertown, Chestertown Historic District, bounded roughly by the Chester River on Newport County tw«» ' 10 1111168 °® the Georgia coast foe- Sound ^ th e rin e ’s Sound and Sapelo the southeast, Cannon Street on the south­ Middletown, Whitehall, Berkeley Avenue. west, Cross Street on the northwest, and Providence County Lumpkin County Maple Avenue on the northeast. Providence, Sixth District Courthouse, 150 Cahlonega, Dahlonega Courthouse, U.S. 19. Prince Georges County Benefit Street. Laurel vicinity, Montpelier, Maryland 197. McIntosh County Providence, State Arsenal, 176 Benefit Street. Rosaryville vicinity, His Lordship’s Kindness, Providence, Statehouse, 90 Smith Street. Du!sn i 7iCinity’ FOrt Kin9 Georffe, east of 3.5 miles west of Rosaryville. St. Mary’s County Washington County Murray County Drayden vicinity, West St. Mary’s Manor, c. 1 Charlestown, Fort Ninegret, Fort Neck Road. viciaity, Fort Mountain, mile east of Drayden on the St. Mary’s Charlestown, Indian Burial Ground, Narrow untain State Park, U.S. 76. River. Lane.

FEDERAL REGISTER, VOL. 35, NO. 10/— WEDNESDAY, JUNE 3, 1970 8602 NOTICES

SOUTH CAROLINA Lafayette County Effective date. This delegation of au­ Berkeley County Belmont wlcinity, First Capitol, 3 miles north thority is effective upon publication in and 1 mile west of Belmont. the F ederal R e g ist e r . Goose Creek, St. James’ Church. Huger vicinity, Middleburg Plantation, e. 2 WYOMING Signed at Washington, D.C., on miles southwest of Huger, on the East Carbon County April 29,1970. Branch of the Cooper River. K e n n e t h E. F r ic k , Huger vicinity, Pompion Hill Chapel, e. 2 Elk Mountain vicinity, Fort Halleck, NW % N W & N E ^ sec. 32, T. 19 N., R. I l l W . Administrator, Agricultural Sta­ miles southwest, of Huger, on the East bilization and Conservation Branch of the Cooper River. Rawlins vicinity, Bridger’s Pass, SE%NW^4 St. Stephens, St. Stephen’s Episcopal Church, sec. 8, T. 18 N., R. 89 W. Service and Executive Vice

on South Carolina 45. Johnson County President, Commodity Credit Corporation. Charleston County Sussex vicinity, Fort Reno, SE% SE% NW *4 [F.R. Doc. 70-6863; Filed, June 2, 1970; sec. 33, T. 45 N., R. 78 W. Charleston, Gibbes ( William) House, 64 8:52 a.m.] South Battery. Laramie County Charleston, Heyward-Washington House, 87 Church Street. Cheyenne vicinity, Francis E. Warren Air Edisto Island, Brick House Ruin. Force Base, bounds against the west side Georgetown vicinity, St. James’ Church, 17 of Cheyenne, the two are roughly separated DEPARTMENT OF COMMERCE miles south of Georgetown, near the San­ by Interstate 25.' Business and Defense Services tee River. Sublette County McClellanville vicinity, Hampton Plantation, Administration 8 miles north of McClellanville. Pinedale vicinity, Fort Bonneville, NE y4 NE % sec. 30, T. 34 N„ R. I l l W. BROWN UNIVERSITY TEXAS E r n e s t A l l e n C o n n a l l y , Notice of Decision on Application for Bexar County Chief, Office of Archeology Duty-Free Entry of Scientific Article San Antonio, Mission Concepcion, 807 Mis­ and Historic Preservation. sion Road. The following is a decision on an ap­ San Antonio, Spanish Governor’s Palace, 105 [F.R. Doc. 70-6805; Filed, June 2, 19.70; plication for duty-free entry of a sci­ 8:48 a.m.] Military Plaza. entific article pursuant to section 6(c) Tarrant County of the Educational, Scientific, and Cul­ tural Materials Importation Act of 1966 Port Worth, Knights of Pythias Building, (Public Law 89-651, 80 Stat. 897) and 315 Main Street. DEPARTMENT OF AGRICULTURE the regulations issued thereunder as VIRGINIA amended (34 F.R. 15787 et seq.). Alexandria ( independent city) Agricultural Stabilization and A copy of the record pertaining to this Conservation Service decision is available for public review Christ Church, southeast corner of Cameron and Columbus Streets. Commodity Credit Corporation during ordinary business hours of the Department of Commerce, at the Scien­ Loudoun County DELEGATION OF AUTHORITY TO tific Instrument Evaluation Division, De­ Sterling vicinity, Broad Run Bridge and Toll- * COMPROMISE, ADJUST OR CANCEL partment of Commerce, Washington, house, at intersection of Routes 7 and 28 CERTAIN INDEBTEDNESS OF D.C. with Broad Run. Docket No. 70-00442-33-46040. Appli­ FARMERS Norfolk ( independent city) cant : Brown University, Division of Bio­ logical and Medical Sciences, Box G, Customshouse, 101 East Main Street. Pursuant to the authority vested in me by the Secretary of Agriculture and set Providence, R.I. 02912. Article: Electron Northampton County forth in § 3.5 of the Debt Settlement ■microscope, Model JEM-100B. Manu­ Cheapside vicinity, Custis Tombs, 1.3 miles Regulations of this Department (7 CFR facturer: Japan Electron Optics Lab. Co., northwest of intersection of Routes 644 Part 3), I hereby delegate to the Deputy Ltd., Japan. and 645. « Administrator, State and County Op­ Intended use of article : The article will Portsmouth (independent city) erations, Agricultural Stabilization and be used primarily for producing high Conservation Service, both in that ca­ resolution electron micrographs for re­ Portsmouth Courthouse, northeast corner pacity and in his capacity as Deputy search fyy several investigators. Also se­ of Court and High Streets. Vice President, Commodity Credit Cor­ lected students will be taught methods of Richmond (independent city) poration, the following authority, which high resolution electron microscopy. The Branch Building, 1015 East Main Street. may be redèlegated within the limita­ main area of research concerns accurate Hancock-Wirt-Caskie House, 2 North Fifth tions of § 3.5: determination of the size, shape and pos­ Street. Pursuant to the provisions in 7 CFR sible substructure of particles and mole­ cules of lipoprotein. Particle-surfaces of Williamsburg (independent city) Part 3, to compromise, adjust, or cancel certain indebtedness arising from loans chylomicrons and other lipoproteins will Bruton Parish Church, Duke of Gloucester be studied. Other studies will be made of Street. and payments made or credit extended to farmers under the provisions' of the ribosomes of cell membranes, and the Randolph (Peyton) House, intersection of mechanism of muscle-contraction. Nicholson and North England Streets. Acts of Congress or programs enumer­ Semple (James) House, south side of Francis ated in 7 CFR 3.10 which are within his Comments: No comments have been Street between Blair and Waller Streets. jurisdiction: Provided, That with respect received with respect to this application. Wythe House, west side of the Palace Green. to commodity loan and other programs of Decision: Application approved. No in­ strument or apparatus of equivalent WASHINGTON Commodity Credit Corporation this au­ scientific value to the foreign article, for Pierce County thority shall be limited to cancellation of indebtedness. All other settlement ac­ such purposes as this article is intended Tacoma, Fort Nisqually Granary, Point De­ to be used, is being manufactured in tn fiance Park. tion relating to such commodity loan and other programs of Commodity Credit United States. , WISCONSIN Reasons: The foreign article has a Corporation shall be accomplished special resolving capability of 3 ang­ Broion County under and pursuant to the ÇCC docket Green Bay, Cotton House, 2632 South Web­ setting forth the policies for handling stroms. The most closely comparât» domestic instrument is the Model EM - ster Avenue. claims by or against the Commodity. 4B electron microscope which was ro - Green Bay, Hazlewood, 1008 South Monroe Credit Corporation. Avenue. merly manufactured by the Radio Co p- Green Bay, Tank Cottage, 10th Avenue and Terminated. C&-230 (32 F.R. 624), of America (R C A), and which is pres­ Fifth Street. published January 19, 1967. ently being supplied by the Forg

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8603

Corp. The Model EMU-4B has a specified scientific value to the foreign article for foreign article for such purposes as this resolving capability of 5 angstroms. (The such purposes as this article is intended article is intended to be used. lower the numerical rating in terms of to be used which is being manufactured The Department of Commerce knows angstrom units, the better the resolving in the United States. of no other instrument or apparatus of capability.) equivalent scientific value to the foreign C h a r l e y M . D e n t o n , We are advised by the Department of Assistant Administrator for In ­ article, for such purposes as this article Health, Education, and Welfare (HEW) dustry Operations, Business is intended to be used, which is being in its memorandum dated April 13, 1970, and Defense Services Admin­ manufactured in the United States. that the additional resolving capability istration. h a r l e y e n t o n of the foreign article is pertinent to the C M . D , purposes for which the foreign article [F.R. Doc. 70-6781; Filed, June 2, 1970; Assistant Administrator for In ­ dustry Operations, Business is intended to be used. We, therefore, 8:46 a.m.] find that the Model EMU-4B is not of and Defense Services Admin­ istration. equivalent scientific value to the foreign COLUMBIA UNIVERSITY article for such purposes as this article [F.R. Doc» 70-6782; Filed, June 2, 1970; is intended to be used. Notice of Decision on Application for 8:46 &.m.] The Department of Commerce knows Duty-Free Entry of Scientific Article of not other instrument or apparatus of equivalent scientific value to the foreign The following is a decision on an ap­ CORNELL UNIVERSITY article, for such purposes as this article plication for duty-free entry of a scien­ Notice of Decision on Application for tific article pursuant to section 6(c) of is intended to be used, which is being Duty-Free Entry of Scientific Article manufactured in the United States. the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Public The following is a decision on an ap­ C h a r l e y M. D e n t o n , Law 89-651, 80 Stat. 897) and the regu­ plication for duty-free entry of a scien­ Assistant Administrator for In ­ lations issued thereunder as amended (34 dustry Operations, Business tific article pursuant to section 6(c) of F.R. 15787 et seq.). the Educational, Scientific, and Cultural and Defense Services Admin­ A copy of the record pertaining to this istration. Materials Importation Act of 1966 (Pub­ decision is available for public review lic Law 89-651, 80 Stat. 897) and the [F.R. Doc. 70-6780; Filed, June 2, 1970; during ordinary business hours of the regulations issued thereunder as 8:45 a.m.] Department of Commerce, at the Scien­ amended (34 F.R. 15787 et seq.). tific Instrument Evaluation Division, De­ A copy of the record pertaining to this partment of Commerce, Washington, CALIFORNIA INSTITUTE OF decision is available for public review D.C. during ordinary business hours of the TECHNOLOGY Docket No. 70-00331-33-46040. Appli­ Department of Commerce, at the Scien­ Notice of Decision on Application for cant: Columbia University, Department tific Instrument Evaluation Division, De­ of Biological Sciences, New York, N.Y. Duty-Free Entry of Scientific Article partment of Commerce, Washington, 10027. Article: Electron microscope, D.C. The following is a decision on ah ap­ Model Elmiskop 101. Manufacturer: Sie­ Docket No. 70-00339-61-46040. Appli­ plication for duty-free entry of a scien­ mens Aktiengeselischaft, West Germany. cant: Cornell University, New York State tific article pursuant to section 6(c) of Intended use of article: The article Agriculture Exp. Station, Geneva, N.Y. the Educational, Scientific, and Cultural will be used for scientific research per­ 14456. Article: Electron microscope, Materials Importation Act of 1966 taining to structure of protein molecules. Model JEM 100B. Manufacturer: Japan (Public Law 89-651, 80 Stat. 897) and One of the main uses to which the micro­ Electron Optics Laboratory, Co., Japan. the regulations issued thereunder as scope will be put is the study of molecu­ Intended use of article: The article amended (34 P.R. 15787 et seq.). lar structure, specifically the three-di­ will be used mainly by the Department A copy of the record pertaining to this mensional conformation of proteins such of Plant Pathology for research. The re­ decision is available for public review as hemoglobin and cytochrome C. Also search programs include routine field during ordinary business hours of the to be studied is the development and diagnosis, symptom diagnosis, insect Department of Commerce, at the Scien­ structural features of the nervous sys­ diagnosis, virus fine structure, diseased tific Instrument Evaluation Division, tem and tiie problems of cell-cell plant ultrastructure, genetic investiga­ Department of Commerce, Washington, associations. tions, insect pathogen diagnosis and in­ Comments: No comments have been sect pathogen multiplication. Other de­ Docket No. 70-00337-15-29900. Appli­ received with respect to this application. partments on the campus will have ac­ cant: California Institute of Technology, Decision: Application approved. No in­ cess to the electron microscope. 1^01 East California Boulevard, Pasa- strument or apparatus of equivalent Comments: No comments have been jjena, Calif. 91109. Article: Birefringent scientific value to the foreign article, for received with respect to this application. liters, Type H-Alpha. Manufacturer: such purposes as this article is intended Decision: Application approved. No ernhard Halle Nachfl., West Germany, tb be used, is being manufactured in the instrument or apparatus of equivalent ^tended use of article: The article United States. scientific value to the foreign article, for m be used in conjunction with the Reasons: The foreign article has a such purposes as this article is intended viaecon camera on the Apollo Telescope specified resolving capability of 3.5 ang­ to be used, is being manufactured in the ount (ATM) Photoheliograph. stroms., The most closely comparable United States. rr>o ?m^ er}ts: No comments have been domestic instrument is the Model EMU- Reasons: The foreign - article has a eived with respect to this application, 4B electron microscope which was for­ specified resolving capability of 3 ang­ in®* C1Slon: -Application approved. No merly manufactured by the Radio Corp. stroms. The most closely comparable or aPParatus of equivalent of America (RCA), and which is pres­ domestic instrument is the Model EMU- frwu 0 va*ue to the foreign article, ently being supplied by the Forgflo Corp. 4B electron microscope which was for­ k w e ? urP°ses for which such article The Model EMU-4B has a specified re­ merly manufactured by the Radio Corp. ffljSr1!??** he used, is being manu­ solving capability of 5 angstroms. (The of America (RCA), and which is pres­ factured m the United States. lower the numerical rating in terms of ently being supplied by the Forgflo Corp. a ^ cas°ns: The foreign article provides angstrom units, the better the resolving The Model EMU-4B has a specified re­ itv nf anjf®trom bandpass. The availabil- capability.) We are advised by the De­ solving capability of 5 angstroms. (The a tt « f angstrom bandpass or less in partment of Health, Education, and Wel­ lower the numerical rating in terms of to ha birefringent filter is pertinent fare (HEW ) in its memorandum dated Angstrom units, the better the resolving intprirfJw1*^ 8 for which the article is April 30,1970, that the additional resolv­ capability.) thp ^ use that » knows of no In- therefore, find that the Model EMU-4B that the additional resolving capability 1 ° r apparatus of equivalent is not of equivalent scientific value to the of the foreign article is pertinent to the

FEDERAL REGISTER, VOL 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8604 NOTICES purposes for which the foreign article is ently being supplied by the Forgflo Corp. such purposes as this article is intended intended to be used. We, therefore, find The Model EMU-4B has a specified re­ to be used, is being manufactured in the that the Model EMU-4B is not of equiva­ solving capability of 5 angstroms. (The United States. lent scientific value to the foreign article lower the numerical rating in terms of Reasons: The applicant requires an for such purposes as this article is in­ angstrom units, the better the resolving electron microscope which can be used tended to be used. capability.) by the novice with safety and confidence The Department of Commerce knows We are advised by the Department of for training undergraduates in the tech­ of no other instrument or apparatus of Health, Education, and Welfare (HEW) niques of electron microscopy. The for­ equivalent scientific value to the foreign in its memorandum dated, May 1, 1970, eign article is a relatively simple instru­ article, for such purposes as this article that the additional resolving capability ment which provides characteristics that is intended to be used, which is being of the foreign article is pertinent to the make it suitable for teaching. Among manufactured in the United States. purposes for which the foreign article is these are a device for preventing the mis­ intended to be used. We, therefore; find handling of specimens and simplified C h a r l e y M. D e n t o n , that the Model EMU-4B is not of equiva­ column alignment. The most closely com­ Assistant Administrator for In ­ lent scientific value to the foreign article parable domestic electron microscope is dustry Operations, Business for such purposes as this article is in­ the Model EMU-4B, which was formerly and Defense Services Admin­ tended to be used. manufactured by the Radio Corp. of istration. The Department of Commerce knows America (RCA) and is currently being [F.R. Doc. 70-6783; Filed, June 2, 1970; of no other instrument or apparatus of produced by the Forgflo Corp. (Forgflo). 8:46 a.m.] equivalent scientific value to the foreign The Model EMU-4B is a highly sophis­ article, for such purposes as this article ticated and relatively complex electron is intended to be used, which is being microscope intended for the use of an JOHNS HOPKINS UNIVERSITY manufactured in the United States. expert. We are advised by the Department of C h a r l e y M. D e n t o n , Notice of Decision on Application for Health, Education, and Welfare (HEW) Duty-Free Entry of Scientific Article Assistant Administrator for In ­ in its memorandum dated April 17, 1970 dustry Operations, Business The following is a decision on an that the relatively simple design and and Defense Services Admin­ ease of operation of this instrument make application for duty-free entry of a istration. scientific article pursuant to section it superior as a teaching instrument to 6(c) of the Educational, Scientific, and {F.R. Doc. 70-6784; Filed, June 2, 1970; the more complex type of electron micro­ Cultural Materials Importation Act of 8:46 a.m.] scope represented by the domestic Model 1966 (Public Law 89-651, 80 Stat. 897) EMU-4B. For the foregoing reasons, we find that and the regulations issued thereunder as KANSAS STATE TEACHERS COLLEGE amended (34 P.R. 15787 et seq.). the Model EMU-4B is not-of equivalent A copy of the record pertaining to this Notice of Decision on Applicdtion for scientific value to the foreign article decision is available for public review Duty-Free Entry of Scientific Article for the purposes for which this article during ordinary business hours of the is intended to be used. Department of Commerce, at the Scien­ The following is a decision on an appli­ The Department of Commerce knows tific Instrument Evaluation Division, cation for duty-free entry of a scientific of no other instrument or apparatus of Department of Commerce, Washington, article pursuant to section 6(c) of the equivalent scientific value to the foreign D.C. Educational, Scientific, and Cultural article for the purposes for which such Docket No. 70-00431-33-46040. Appli­ Materials Importation Act of 1966 article is intended to be used, which is cant: Johns Hopkins University, School (Public Law 89-651, 80 Stat. 897) and the being manufactured in the United States. regulations issued thereunder as of Medicine, 725 North Wolfe Street, C h a r l e y M. D e n t o n , Baltimore, Md. 21205. Article: Electron amended (34 P.R. 15787 et seq.). Assistant Administrator for In­ microscope, Model JEM—100B. Manufac­ A copy of the record pertaining to this dustry Operations, Business turer: Japan Electron Optics Labora­ decision is available for public review and Defense Services Admin­ during ordinary business hours of the tory Co., Ltd., Japan. Intended use of istration. article: The article will be used for bio­ Department of Commerce, at the Scienti­ fic Instrument Evaluation Division, De­ [F.R. Doc. 70-6785; Filed, June 2, 1970; logical and medical applications, ranging 8:46 a.m.] from low magnification, survey pathology partment of Commerce, Washington, study to high resolution membrane and D.C. protein subunit analysis. A relatively Docket No. ^70-00398-33-46040. Appli­ MASSACHUSETTS GENERAL HOSPITAL large number of researchers and stu­ cant: Kansas State Teachers Colleger dents, some inexperienced, will use the Emporia, Kans. 66801. Article: Electron Notice of Decision on Application for electron microscope. Specific projects microscope, Model HS-8. Manufacturer: Duty-Free Entry of Scientific Article include studies of synapse mapping in Hitachi, Ltd., Japan. The following is a decision on an ap­ nervous tissue; corneal and retinal pa­ Intended use of article: The article thology; corneal stromal and collagen will be used for both research and teach­ plication for duty-free entry of ac subunit structure; and Golgi (silver)- ing purposes. Faculty and advanced stu­ tific article pursuant to section 6(c) o the Educational, Scientific, and Cultural impregnated cell structure and three dents are investigating ultrastructural dimensional reconstruction from serial changes associated with development of Materials Importation Act of 1966 (Fu - lie Law 89-651, 80 Stat. 897) and the sections. adispose tissues in the hamster; study­ the regulations issued - thereunder Comments : No comments have been ing the fine structure of conidia, the amended (34 F.R. 15787 et seq.). received with respect to this application. ultrastructure of cells of several species A copy of the record pertaining to this Decision: Application approved. No in­ of each of the orders of the division decision is available for public rev strument or apparatus of equivalent Chlorophyta; and the morphology of cer­ tain bacteriophage and the structural during ordinary business hours c l . scientific value to the foreign article, for Department of Commerce, at the fociei- such purposes as this article is intended alterations observed at different times in the phage-host relationship. Students tific Instrument Evaluation Divi > to be used, is being manufactured in the Department of Commerce, Washington United States. and their projects are listed by the appli­ Reasons: The foreign article has a cant, and the courses using the electron microscope. Docket No. 70-00261-33-43780. AppU- specified resolving capability of 3 ang­ it: Massachusetts General Hospital. stroms. The most closely comparable Comments: No comments have been received with respect to this application. uit Street, Boston, Mass. 02114. domestic instrument is the Model EMU- i: Six total hip joint replacements. 4B electron microscope which was for­ Decision: Application approved. No merly manufactured by the Radio Corp. instrument or apparatus of equivalent Manufacturer: Protek, Ltd., Swi ze of America (RC A), and which is pres­ scientific value to the foreign article, for

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8605

Intended use of article: The article will 1. Micromorphology of natural, syn­ article pursuant to section 6(c) of the be used for a study of a scientific assess­ thetic undrawn and drawn polymeric Educational, Scientific, and Cultural ment of hip reconstructions, using total materials. Materials Importation Act of 1966 hip replacement in contrast with pre­ 2. Topology of processing and de­ (Public Law 89-651, 80 Stat. 897) and viously existing modes of reconstructive formation of fibrous composite materials. the regulations issued thereunder as hip surgery. 3. Structure and mechanics of fibrous amended (34 F.R. 15787 et seq.). Comments: No comments have been materials. A copy of the record pertaining to this received with respect to this application. 4. Cold drawing of solid polymers. decision is available for public review Decision: Application approved. No 5. The role of internal friction during during ordinary business hours of the instrument or apparatus of equivalent bending of fiber assemblies. Department of Commerce, at the Scien­ scientific value to the foreign article, for 6. Mechanics of ductile fracture. tific Instrument Evaluation Division, such purposes as this article is intended 7. Mechanisms of fatigue damage and Department of Commerce, Washington, to be used, is being manufactured in the fatigue crack growth. D.C. United States. 8. Rolling contact fatigue. Docket No. 70-00432-33-90000. Appli­ Reasons: The article is a combination 9. Fatigue and fracture in composite cant: Massachusetts Institute of Tech­ of the Charnley apparatus which com­ materials. nology, 77 Massachusetts Avenue, bines a metal femoral head prosthesis 10. Surface roughness in mechanical Cambridge, Mass. 02139. Article: X-ray with a head diameter of 32 mm. and a polishing. diffraction equipment, Model GX6. high density polyethylene acetabulum Comments: No comments have been Manufacturer: Elliott Electronic Tubes, which accepts only this sized head, and received with respect to this application. Ltd., United Kingdom. the Mueller apparatus which has a Decision: Application approved. No in­ larger femoral head size and an acetabu­ strument or apparatus of equivalent Intended use of article: The article lar component made of metal but with scientific value to the foreign article, for will be used to study the diffraction from three polyethylene bearing points fixed such purposes as this article is intended heavily hydrated crystals. The studies in the cup. to be used, is being manufactured in the are directed towards the solution of the We are advised by the Department of United States. structure of transfer RNA, an important Health, Education, and Welfare (HEW) Reasons: The foreign article provides molecule in the synthesis of proteins in in its memorandum dated April 28, 1970, both a rapid television scan device and a living systems. It crystallizes in a heavy that the combination of characteristics tensile stage. We are advised by the hydrated crystal which needs a very described above is pertinent to the pur­ National Bureau of Standards (NBS)in high intensity X-ray beam. Work on this poses for which the article is intended to its memorandum dated April 23, 1970, problem includes both postdoctoral be used. HEW further advises that it that both the television rapid scan and workers as well as students. knows of no equivalent prosthesis which tensile specimen capabilities are perti­ Comments: No comments have been is being manufactured in the United nent to the purposes for which the for­ received with respect to this application. States which provides this combination eign article is intended to be used. The Decision: Application approved. No of characteristics. most closely comparable domestic in­ instrument or apparatus of equivalent struments are the Model 700 scanning scientific value to the foreign article, for C h ar ley M . D en t o n , electron microscope manufactured by such purposes as this article is intended Assistant Administrator for In ­ the Materials Analysis Co. (MAC) and to be used, is being manufactured in the dustry Operations, Business the Model SM-2 scanning electron United States. and Defense Services Admin­ microscope manufactured by the Ultra­ istration. Reasons: The foreign article provides scan Corp. (Ultrascan), formerly doing finely focused X-rays of high intensity. [F.R. Doc. 70-6786; Filed, June 2, 1970; business as the K Square Corp. (K Such X-rays yield maximum spot reso­ 8:46 a.m.] Square). Neither of these domestic in­ lution and permit the collection of maxi­ struments provide both a television rapid mum data before deterioration of the MASSACHUSETTS INSTITUTE OF scan and tensile stage. Accordingly, specimen. We are advised by the Depart­ TECHNOLOGY NBS advises (NBS memorandum supra) ment of Health, Education, and Welfare that none of the domestically produced (HEW) in its memorandum dated Notice of Decision on Application for scanning electron microscopes are ca­ April 30, 1970, that the finely focused Duty-Free Entry of Scientific Article pable of fulfilling the purposes for which and highly intense X-rays described the foreign article is intended to be used. The following is a decision on an ap­ above are pertinent characteristics of the For the foregoing reasons, we find that foreign article. HEW further advises that plication for duty-free entry of a scien­ neither the MAC Model 700 nor the c e article pursuant to section 6(c) of it knows of no scientifically equivalent Ultrascan Model SM-2 is of equivalent X-ray diffraction apparatus being manu­ {he Educational, Scientific, and Cultural scientific value to the foreign article for Materials Importation Act of 1966 (Pub- factured in the United States which pro­ such purposes as this article is intended vides X-rays having both the fineness, f® Law 89-651, 80 Stat. 897) and to be used. wie regulations issued thereunder as of focus and the intensity of the X-rays The Department of Commerce knows produced by the foreign article. amended (34 F.R. 15787 et seq.). of no other instrument or apparatus of A copy of the record pertaining to this equivalent scientific value to the foreign C har ley M. D e n t o n , cision is available for public review article for the purposes for which such Assistant Administrator for In ­ unng ordinary business hours of the article is intended to be used, which is dustry Operations, Business Commerce, at the Scien- being manufactured in the United and Defense Services Admin­ c Instrument Evaluation Division, States. istration. Partment of Commerce, Washington, C h arley M . D en t o n , [F.R. Doc. 70-6788; Filed, June 2, 1970; Assistant Administrator for In ­ 8:46 a.m.] No- 70-00378-65-46070. Appli­ dustry Operations, Business ngMassachusetts Institute of Tech- and Defense Services Admin­ hri^5y’ V Massachusetts Avenue, Cam- istration. PURDUE UNIVERSITY e w f6, ^ ass- 02139. Article: Scanning [F.R. Doc. 70-6787; Filed, June 2, 1970; Notice of Decision on Application for ectron microscope, Model JSM-U3 and 8:46 am .] scan accessory. Manufacturer: Duty-Free Entry of Scientific Article Japan Electron °Ptics Laboratory Co., MASSACHUSETTS INSTITUTE OF The following is a decision on an ap­ TECHNOLOGY plication for duty-free entry of a scien­ will hon<*e

FEDERAL REGISTER, V O L 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8606 NOTICES

A copy of the record pertaining to this resonance spectrometer, Model R-20 and time the applicant submitted the original decision is available for public review accessories. Manufacturer: Hitachi, Ltd., application. during ordinary business hours of the Japan. C h a r l e y M . D e n t o n , Department of Commerce, at the Scien­ Intended use of article: The article Assistant Administrator for In­ tific Instrument Evaluation Division, De­ will be used to instruct students in the dustry Operations, Business partment of Commerce, Washington, principles of nuclear magnetic resonance and Defense Services Admin­ D.C, and the use and operation of NMR istration. Docket No. 70-00426-01-68495. Appli­ spectrometers. The experiments which [F.R, Doc. 70-6790; Filed, June 2, 1970; cant: Purdue University, Lafayette, Ind. will be performed include: 8:46 a.m.] 47907. Article: Pump, Dosing. Manufac­ (a) Demonstration of nmr phenomena turer: Societe Pompes, DKM, Prance. for a number of nuclei involving rapid Intended use of article: The article scanning spectra and quick interchange TULANE UNIVERSITY will be used in constructing a recirculat­ of RF units; Notice of Decision on Application for ing gradientless reactor for studying (b) Employing frequency sweep and kinetics of gas phase catalytic reactions. narrow sweep widths to determine Duty-Free Entry of Scientific Article Comments: No comments have been J-values and line positions to a high de­ The following is a decision on an ap­ received with respect to this application. gree of accuracy; plication for duty-free entry of a scien­ Decision: Application approved. No in­ (c) Visual presentation of nmr phe­ tific article pursuant to section 6(c) of strument or apparatus of equivalent nomena by scanning and integration; the Educational, Scientific, and Cultural scientific value to the foreign article, for (d) Visual presentation of magnetic Materials Importation Act of 1966 (Pub­ such purposes as this article is intended field curvature and homogeneity; lic Law 89-651, 80 Stat. 897) and the to be used, is being manufactured in the (e) Visual presentation of spin de­ regulations issued thereunder as amend­ United States. coupling, spin tickling and saturation ed (34 F.R. 15787 et seq.). Reasons: The foreign article is a phenomena. A copy of the record pertaining to this pump designed for recirculating a variety Comments: No comments have been decision is available for public review of gaseous materials, which is inert to received with respect to this application. during ordinary business hours of the the material being pumped and which Decision: Application approved. No Department of Commerce, at the Scien­ provides vacuum tight, noncontaminat­ instrument or apparatus of equivalent tific Instrument Evaluation Division, De­ ing operation, a high-flow rate, and a scientific value to the foreign article, for partment of Commerce, Washington, moderate pressure differential. We are such purposes as this article is intended D.C. advised by the National Bureau of to be used, is being manufactured in the Docket No. 70-00268-33-46040. Appli­ Standards (NBS) in its memorandum United States. cant: Tulane University, 6823 St. Charles dated April 10, 1970, that the foregoing Reasons: Captioned application is a Avenue, New Orleans, La. 70118. Article: characteristicts of the foreign article are resubmission of Docket No. 67-00145-01- Electron microscope, Model 300. Manu­ pertinent to the applicant’s research 77030 which was received on June 27, facturer: Philips Electron Instruments, studies. NBS further advises that it 1967, and which was denied without The Netherlands. Intended use of article: knows of no instrument or apparatus of prejudice to resubmission due to infor­ The article will be used in research con­ equivalent scientific value to the foreign mational deficiencies in the original ap­ cerning the isolated intraerythrocytic article, for such purposes as this article plication. At the time the original appli­ viral particles, the reported transmission is intended to be used, which is being cation was received, the most closely of small protozoan, and an ultrastruc- manufactured in the United States. comparable domestic instrument was the tural study of nematode gametes. Model HA-60-3L nuclear magnetic res­ C h a r l e y M . D e n t o n , onance spectrometer (NM R) which is Comments: No comments have been Assistant Administrator for In ­ manufactured by Van an Associates. The received with respect to this application. dustry Operations, Business foreign article provides a variable tem­ Decision: Application approved. No in­ and Defense Services Ad­ perature accessory with a temperature strument or apparatus of equivalent ministration. stability of 0.5° C. We are advised by the scientific value to the foreign article, for [F.R. Doc. 70-6789; Filed, June 2, 1970; National Bureau of Standards (NBS) in the purposes for which such article is 8:46 a.m.] its memorandum of May 8, 1970, that intended to be used, is being manufac­ the temperature control within plus or tured in the United States. minus 0.5° C. is pertinent to the kinetic Reasons: The only known comparable SAN FERNANDO VALLEY STATE and thermodynamic experiments for domestic instrument is the Model EMU- COLLEGE which the foreign article is intended to 4 electron microscope which was form­ Notice of Decision on Application for be used. The Department of Health, Edu­ erly manufactured by the Radio Corp. cation, and Welfare (HEW ) also advises of America (RCA) and which is cur­ Duty-Free Entry of Scientific Article us (memorandum of Feb. 6, 1970) that rently available from Forgflo Corp. The following is a decision on an ap­ the temperature control capability of the (Forgflo). Effective September 1968, the plication for duty-free entry of a scien­ foreign article is pertinent to the pur­ Model EMU had been redesigned to in­ tific article pursuant to section 6(c) of poses for which the article is intended to crease certain performance capabilities, the Educational, Scientific, and Cultural be used. The Varian Model HA-60-IL with a quoted delivery time of 60 days. Materials Importation Act of 1966 which was available at the time the ap­ However, since the applicant placed the (Public Law 89-651, 80 Stat. 897) and plicant submitted the original applica­ order for the foreign article on Apru l, the regulations issued thereunder as tion, provided a temperature control with 1968, the determination of scientific amended (34 F.R. 15787 et seq.). a stability of plus or minus 1° C. We, equivalency has been made with refer­ A copy of the record pertaining to this therefore, find that the Varian Model ence to the characteristics and specifica­ decision is available for public review HA-60-IL available at that time was not tions of the Model EMU-4 relevant at during ordinary business hours of the of equivalent scientific value to the for­ that time. The foreign article provides Department of Commerce, at the Scien­ eign article for such purposes as this accelerating voltages of 20, 40, 60, 80. tific Instrument Evaluation Division, De­ article is intended to be used. and 100 kilovolts. The Model EMU-4 partment of Commerce, Washington, The Department of Commerce knows provided accelerating voltages of 50 ana D.C. of no other instrument or apparatus of 100 kilovolts. The foreign article is in­ Docket No. 70-00212-01-77030. Appli­ equivalent scientific value to the foreign tended to be used in experiments on w- cant: San Fernando Valley State Col­ article for such purposes as this article trathin biological specimens. It has bee lege, 18111 Nordhoff Street, Northridge, is intended to be used, which was being experimentally determined that tn Calif. 91325. Article: Nuclear magnetic manufactured in the United States at the lower accelerating voltages of the foreign

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8607 article afford optimum contrast for un­ intended to be used. We, therefore, find which the applicant intends to perform. stained ultrathin specimens. Therefore, that the Model EMU-4B is not of equiva­ The better resolving power of the foreign the 20-kilovolt accelerating voltage of lent scientific value to the foreign article article is, therefore, a pertinent charac­ the foreign article is pertinent to the for such purposes as this article is in­ teristic. (2) The foreign article provides research purposes for which the foreign tended to be used. accelerating voltages of 25, 50, 75, and article is intended to be used. The Department of Commerce knows 100 kilovolts (kv.). The Model EMU-4 For this reason, we find that the Model of no other instrument or apparatus of electron microscope provides only 50 and EMU-4 was not of equivalent scientific equivalent scientific value to the foreign 10 kv. It has been experimentally estab­ value to the foreign article for the pur­ article, for such purposes as this article lished that the lower accelerating voltage poses for which the article is intended to is intended to be used, which is being affords optimum contrast for ultrathin be used. manufactured in the United States. unstained specimens and that the volt­ ages intermediate between 50 and 100 kv. C h a r l e y M . D e n t o n , C h a r l e y M . D e n t o n , Assistant Administrator for In ­ Assistant Administrator for In ­ afford optimum contrast for negatively dustry Operations, Business dustry Operations, Business stained specimens. Since the applicant’s and Defense Services Admin­ and Defense Services Admin­ studies require both types of specimens, istration, istration. the 25 and 75 kv. accelerating voltages provided by the foreign article are [F.R. Doc. 70-6791; Filed, June 2, 1970; [F.R. Doc. 70-6792; Filed, June 2, 1970; pertinent. 8:46 a.m.] 8:47 a.m.] For the foregoing reasons, we find that the Model EMU-4 electron microscope UNIVERSITY OF CALIFORNIA was not of equivalent scientific value to UNIVERSITY OF CINCINNATI the foreign article for such purposes as Notice of Decision on Application for Notice of Decision on Application for the article is intended to be used. Duty-Free Entry of Scientific Article Duty-Free Entry of Scientific Article The Department of Commerce knows of no other instrument or apparatus of The following is a decision on an ap­ The following is a decision on an ap­ equivalent scientific value to the foreign plication for duty-free entry of a sci­ plication for duty-free entry of a sci­ article for the purposes for which such entific article pursuant to section 6 (c) of entific article pursuant to section 6 (c) article is intended to be used, which was the Educational, Scientific, and Cultural of the Educational, Scientific, and Cul­ being manufactured in the United States Materials Importation Act of 1966 (Pub­ tural Materials Importation Act of 1966 at the time the foreign article was lic Law 89-651, 80 Stat. 897) and the (Public Law 89-651, 80 Stat. 897) and ordered. regulations issued thereunder as the regulations issued thereunder as C h a r l e y M . D e n t o n , amended (34 F.R. 15787 et seq.). amended (34 F.R. 15787 et seq.). Assistant Administrator for In ­ A copy of the record pertaining to this A copy of the record pertaining to dustry Operations, Business decision is available for public review this decision is available for public re­ and Defense Services Admin­ during ordinary business hours of the view during ordinary business hours of istration. Department of Commerce, at the Scien­ the Department of Commerce, at the tific Instrument Evaluation Division, De­ [F.R. Doc. 70-6793; Filed, June 2, 1970; Scientific Instrument Evaluation Divi­ 8:47 a.m.] partment of Commerce, Washington, sion, Department of Commerce, Wash­ D.C. ington, D.C. Docket No. 70-00283-33-46040. Appli­ Docket No. 70-00287-33-46040. Appli­ UNIVERSITY OF CONNECTICUT cant: University of California, 405 Hil- cant:' University of Cincinnati, College gard Avenue, Los Angeles, Calif. 90024. of Medicine, Department of Anatomy, Notice of Decision on Application for Article: Electron microscope, Model Eden and Bethesda Avenues, Cincinnati, Duty-Free Entry of Scientific Article Elmiskop 101. Manufacturer: Siemens Ohio 45219. Article: Electron micro­ A. G., West Germany. scope, Model HU-1 IE. Manufacturer: The following is, a decision on an ap­ Intended use of article: The article will Hitachi, Ltd., Japan. plication for duty-free entry of a scien­ be used in ultrastructural studies of the Intended use of article: The article tific article pursuant to section 6 (0“) of punty of biochemical ultracentrifuge will be used for ultrastructural research the Educational, Scientific, and Cultural samples; animal studies of human au­ on biological material. Two projects con­ Materials Importation Act of 1966 (Pub­ topsy and biopsy specimens, particularly cern ultrastructural studies on embry­ lic Law 89-651, 80 Stat. 897) and the nerve, and brain from patients onic chick connective tissues and ultra- regulations issued thereunder as amend­ wiui a variety of neurological diseases. structural and biochemical analysis of ed (34 F.R. 15787 et seq.). comments: No comments have been isolated liver mitochondria in diabetic A copy of the record pertaining to this recerved with respect to this application. rats. decision is available for public review Decision: Application approved. No in. Comments: No comments have been during ordinary business hours of the irument or apparatus of equivalent sci- received with respect to this application. Department of Commerce, at the Scien­ siiniTC va*ue the foreign article, for Decision: Application approved. No tific Instrument Evaluation Division, De­ k! Purposes as this article is intended instrument or apparatus of equivalent partment of Commerce, Washington, tt« u Vs®?’ *s being manufactured in the scientific value to the foreign article, for D.C. united States. such purposes as this article is intended Docket No. 70-00410-33-46040. Appli­ Riwri«8??18’ TJle foreign article has a to be used, was being manufactured in cant: University of Connecticut, School E^ 5 edJ ,esolvln& capability of 3.5 ang- the United States at the time the for­ of Medicine, Hartford Plaza, Hartford, oms. The most closely comparable do­ eign article was ordered (June 25, 1968). Conn. 06105. Article: Electron micro­ mestic instrument is the Model EMU- Reasons: (1) The foreign article has scope, Model EM 300. Manufacturer: eIectr°n microscope which was a guaranteed resolving power of 5 ang­ Philips Electronic Instruments, The c w rl? manufactured by the Radio stroms. The most closely comparable Netherlands. pr<2L?f America (RCA), and which is domestic instrument available at the Intended use of article: The article ® kemg supplied by the Forgflo time the foreign article was ordered was will be used primarily for research in re^vH??16 Model EMU-4B has a specified the Model EMU-4 electron microscope cellular and neurobiology. It will also be lowfJTvf capability of 5 angstroms. (The which was then being manufactured by used for the training of graduate post­ e numerical rating in terms of the Radio Corp. of America (RCA) and doctoral and medical students in ultra- capabilit1 Uni^s’ better the resolving which is currently being supplied by structural techniques as they apply to Forgflo Corp. (Forgflo). The Model biological and medical research. A study Hf^itvfrTLadv*sed ky the Department of EMU-4 electron microscope had a guar­ of the morphology of scar formation in fa i S t Education, and Welfare (HEW ) anteed resolving power of 8 angstroms. the nervous system and the reaction of that ^ emV,ran.dum dated APril 27, 1970, (The lower the numerical rating in terms neuroglial cells to experimental injury of th o fl addttional resolving capability of angstroms, the better the resolving during development is being investigated. PurDosJc #6ign aTticle is Pertinent to the power.) The highest available resolution Another study concerns glyocogen in rp°ses for which the foreign article is is required for the ultrastructural studies neurons.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 No. 107- • n 8608 NOTICES

Comments: No comments have been to determine (morphologically) how ufacturer: Japan Electron Optics Lab­ received with respect to this application. viruses and other macromolecules inter­ oratory Co., Japan. Decision: Application approved. No in­ act with the substructure of cell walls Intended use of article: The article strument or apparatus of equivalent sci­ and subcellular particles. Graduate stu­ will be used for instructional and re­ entific value to the foreign article, for dents in the department will be trained search purposes. It will be operated by such purposes as this article is intended to use the electron microscope in their technicians and by students, many of to be used, is being manufactured in the own investigations. the latter relatively inexperienced. Some United States. Comments: No comments have been specific uses are expected to include the Reasons: The foreign article has a received with respect to this application. following: specified resolving capability of 3.5 ang­ Decision: Application approved. No 1. Instruction and training of under­ stroms. The most closely comparable instrument or apparatus of equivalent graduate students in the performance domestic instrument is the Model EMU- scientific value to the foreign article, for of simple nmr experiments, the elements 413 electron microscope which was for­ such purposes as this article is intended of nmr experimental techniques and in merly manufactured by the Radio Corp. to be used, is being manufactured in the spectrum interpretation. of America (R C A), and which is pres­ United States. 2. Routine monitoring of crude reac­ ently being supplied by the Forgflo Corp. •Reasons: The foreign article has a tion mixtures by examining proton or The Model EMU-4B has a specified re­ specified resolving capability of 3.5 ang­ other resonances several times per hour solving capability of 5 angstroms. (The stroms. The most closely comparable do­ to follow the progress of laboratory ex­ lower the numerical rating in terms of mestic instrument is the Model EMU- periments such as routine syntheses or angstrom units, the better the resolving 4B electron microscope which was for­ transformations of cyclopropylketenes, capability.) merly manufactured by the Radio Corp. etc. We are advised by the Department of of America (RCA), and which is pres­ 3. Precision nmr spectroscopy of se­ Health, Education, and Welfare (HEW) ently being supplied by the Forgflo Corp. lected organic or organometallic com­ in its memorandum dated, April 17, The Model EMU-4B has a specified re­ pounds, e.g. oxepines and furans, to de­ 1970, that the additional resolving solving capability of 5 angstroms. (The termine chemical shifts and coupling capability of the foreign article is per­ lower the numerical rating in terms of constants with great accuracy and suit­ tinent to the purposes for which the angstrom units, the better the resolving able for theoretical analysis of spectra. foreign article is intended to be used. We, capability.) We are advised by the De­ 4. Kinetic studies requiring precision therefore, find that the Model EMU-4B partment of Health, Education, and Wel­ temperature control over the widest pos­ is not of equivalent scientific value to the fare (HEW) in its memorandum dated sible temperature range, as for example foreign article for such purposes as this April 17,1970, that the additional resolv­ rate studies of electrolytic reactions, article is intended to be used. ing capability of the foreign article is isotope exchange phenomena, substitu­ The Department of Commerce knows pertinent to the purposes for which the tion reactions, etc. of no other instrument or apparatus of foreign article is intended to be used. Comments: No comments have been equivalent scientific value to the foreign We, therefore, find that the Model EMU- received with respect to this application. article, for such purposes as this article 4B is not of equivalent scientific value to Decision: Application approved. No is intended to be used, which is being the foreign article for such purposes as instrument or apparatus of equivalent manufactured in the United States. this article is intended to be used. scientific yalue to the foreign article, for The Department of Commerce knows the purposes for which such article is in­ C h arley M. D e n t o n ,. of no other instrument or apparatus of tended to be used, was being manufac­ Assistant Administrator for In ­ tured in the United States at the time dustry Operations, Business equivalent scientific value to the foreign article, for such purposes as this article the purchase order was dated (Aug. 18, and Defense Services Admin­ 1969). istration. is intended to be used, which is being manufactured in the United States. Reasons: The foreign article provides [F.R. Doc. 70-6794; Filed, June 2, 1970; a combined internal-external lock capa­ 8:47 a.m.] C h arley M . D e n t o n , bility in one instrument. Both the new Assistant Administrator for In ­ Varian Model XL-100-15 which became dustry Operations, Business available September 1969 and the new UNIVERSITY OF MARYLAND and Defense Services Admin­ Varian Model XL-60-15 which became istration. Notice of Decision on Application for available October 16,1969 provide a com­ Duty-Free Entry of Scientific Article [F.R. Doc. 70-6795; Filed, June 2, 1970; bined internal-external locking in a sin­ 8:47 a.m.] gle instrument. However, at the time the The following is a decision on an ap­ foreign article was ordered the most plication for duty-free entry of a scien­ closely comparable domestic instrument tific article pursuant to section 6(c) of UNIVERSITY OF ROCHESTER was the Varian Model HA-60 which pro­ the Educational, Scientific, and Cultural Notice of Decision on Application for vided either an internal or external lock­ Materials Importation Act of 1966 ing capability but not both locking facil­ (Public Law 89-65!, 80 Stat. 897) and the Duty-Free Entry of Scientific Article ities in the same instrument. regulations issued thereunder as The following is a decision on an ap­ We are advised by the National Bureau amended (34 F.R. 15787 et seq.). plication for duty-free entry of a scien­ of Standards (NBS) in its memorandum A copy of the record pertaining to this tific article pursuant to section 6(c) of dated February 4, 1970, and the Depart­ decision is available for public review the Educational, Scientific, and Cultural ment of Health, Education, and Welfare during ordinary business hours of the Materials Importation Act of 1966 (Pub­ (HEW ) in its memorandum dated Febru­ Department of Commerce, at the Scien­ lic Law 89-651, 80 Stat. 897) and the reg­ ary 6, 1970, that the availability of botn tific Instrument Evaluation Division, De­ ulations issued thereunder as amended the internal and external locking partment of Commerce, Washington, (34 F.R. 15787 et seq.). capability in the same instrument is per­ D.C. A copy of the record pertaining to this tinent to the purposes for which the for­ Docket No. 70-00415-33-46040. Appli­ decision is available for public review eign article is intended to be used. cant: University of Maryland School of dining ordinary business hours of the For this reason, we find that the Varian Medicine, Department of Cell Biology Department of Commerce, at the Scien­ Model HA-60 with either internal or ex­ and Pharmacology, 660 West Redwood tific Instrument Evaluation Division, De­ ternal locking capability is not of equi- Street, Baltimore, Md. 21201. Article: partment of Commerce, Washington, alent scientific value to the foreign arta Electron microscope, Model Elmiskop 101. D.C. for those purposes for which the foreign Manufacturer: Siemens & Halske Ak­ Docket No. 70-00213-01-77030. Appli­ article is intended to be used. tiengesellschaft, West Germany. cant: University of Rochester, River The Department of Commerce kn°v^ Intended use of article: The article Campus Station, Rochester, N.Y. 14627. of no other instrument or apparatus will be used in the investigation of virus Article: Nuclear magnetic resonance equivalent scientific value to the for s and host cell ultrastructure, particularly spectrometer, Model JNM-C-60HL. Man­ article, for such purposes as this art

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8609

is intended to be used, which was being that the Model EMU-4B is not of persons are required to file with the manufactured in the United States at the equivalent scientific value to the foreign Hearing Clerk, Department of Health, time the foreign article was ordered. article for such purposes as this article Education, and Welfare, Office of the is intended to be used. General Counsel, Food, Drug, and En­ C h a r l e y M . D e n t o n , Assistant Administrator for In ­ The Department of Commerce knows vironmental Health Division, Room 662, dustry Operations, Business of no other instrument or apparatus of 5600 Fishers Lane, Rockville, Md. 20852, and Defense Services Admin­ equivalent scientific value to the foreign a written appearance electing whether: istration. article, for such purposes as this article 1. To avail themselves of the oppor­ is intended to be used, which is being tunity for a hearing; or [F.R. Doc. 70-6796; Filed, June 2, 1970; manufactured in the United States. 8:47 a.m.] 2. Not to avail themselves of the op­ C h a r l e y M . D e n t o n , portunity for a hearing. Assistant Administrator for In ­ I f such persons elect not to avail them­ WILLIAM BEAUMONT HOSPITAL dustry Operations, Business selves of the opportunity for a hearing, and Defense Services Admin­ the Commissioner without further notice Notice of Decision on Application for istration. will enter a final order withdrawing ap­ Duty-Free Entry of Scientific Article [F.R. Doc. 70-6797; Filed, June 2, 1970; proval of the new a n im a l drug The following is a decision on an ap­ 8:47 a.m.] application. plication for duty-free entry of a scien­ Failure of such persons to file a writ­ tific article pursuant to section 6(c) of ten appearance of election within said 30 the Educational, Scientific, and Cultural days will be construed as an election by Materials Importation Act of 1966 (Pub­ DEPARTMENT OF HEALTH, such persons not to avail themselves of lic Law 89-651, 80 Stat. 897) and the opportunity for a hearing. the regulations issued thereunder as EDUCATION, AND WELFARE The hearing contemplated by this amended (34 F.R. 15787 et seq.). notice will be open to the public except A copy of the record pertaining to this Food and Drug Administration that any portion concerning a method or decision is available for public review [Docket No. FDC-D-179; NAD A No. 35-129V] process the Commissioner finds entitled during ordinary business hours of the "to protection as a trade secret will not Department of Commerce, at the Scien­ DIAMOND LABORATORIES be open to the public, unless the respond­ tific Instrument Evaluation Division, Talodex Injection; Notice of ent specifies otherwise in his appearance. Department of Commerce, Washington, Opportunity for Hearing If such persons elect to avail them­ D.C. selves of the opportunity for a hearing, Docket No. 70-00379-33-46040. Appli­ Notice is given to Diamond Labora­ they must file a written appearance re­ cant: William Beaumont Hospital, 3601 tories, Post Office Box 863, Des Moines, questing the hearing and giving the West 13 Mile Road, Royal Oak, Mich. Iowa 50304, and to any interested person reasons why approval of the new animal 48072. Article: Electron microscope, who may be adversely affected, that the drug application should not be with­ Model EM 300. Manufacturer: Philips Commissioner of Pood and Drugs pro­ drawn, together with a well-organized Electronic Instruments, The Netherlands. poses to issue an order under section and full-factual analysis of the clinical Intended use of article: The article 512(e) of the Federal Food, Drug, and and other investigational data they are will be used for research in renal pathol­ Cosmetic Act (21 U.S.C. 360b(e)) with­ prepared to prove in support of their op­ ogy and in the pathogenesis of congenital drawing approval of new animal drug position to the notice of opportunity for malformations of the kidney. Other proj­ application 35-129V for Talodex Inject­ a hearing. A request for a hearing may ects include studies of mitochondrial able (0,0-dimethylO- [4- (methylthio) - not rest upon mere allegations or denials, structure and function, in ascites tumor m-tolyll phosphorothioate), a sub­ but must set forth specific facts showing cells; a study of ultrastructural changes cutaneous drug used in dogs against that there is a genuine and substantial m kidney tubules after exposure to cer­ fleas, ticks, demodectic mange, ascarids, issue of fact that requires a hearing. tain nephrotoxic agents; studies of child­ hookworms, and heartworm microfilaria. When it clearly appears from the data hood renal diseases; and a study of the On the basis of new information before in the application and from the reasons relationship between ultrastructure and him with respect to such drug, evaluated and factual analysis in the request for respiratory activity under controlled together with the evidence available to the hearing that there is no genuine and artificial conditions in ascites tumor cells. him when the application was approved, substantial issue of fact which precludes Comments: No comments have been the Commissioner concludes that the the withdrawal of approval of the appli­ received with respect to this application. drug is not shown to be safe and effective cation, the Commissioner will enter an Decision: Application approved. No in­ for use under the conditions of use upon order on these data, making findings strument or apparatus of equivalent the basis of which the application was and conclusions on such data. I f a hear­ scientific value to the foreign article, approved. Drug experience reports in­ ing is requested and is justified by the ior such purposes as this article is in- dicate significant numbers of adverse re­ response to the notice of hearing, the reMedjfo be used, is being manufactured issues will be defined, a hearing exami­ in the United States. actions have occurred related to its use in dogs. Also on the basis of such reports, ner will be named, and he shall issue a : The foreign article has a the Commissioner concludes there is a written notice of the time and place at specified resolving capability of 3.5 lack of .substantial evidence that the which the hearing will commence, not ri ms‘ '^ le most closely comparable drug will have the effect it purports or more than 90 days after the expiration domestic instrument is the Model EMU- is represented to have under the con­ of such 30 days unless the hearing ex­ electron microscope which was for­ ditions of use prescribed, recommended, aminer and the applicant otherwise merly manufactured by the Radio Corp. or suggested in its labeling. agree. and which is pres- suPPlied by the Forgflo Oorp. In accordance with the provisions of This notice is issued pursuant to pro­ . ^ 0<^ei EMU-4B has a specified re- section 512 of the act (21 U.S.C. 360b), visions of the Federal Food, Drug, and ° f 5 angstroms. (The the Commissioner gives the applicant, Cosmetic Act (sec. 512, 82 Stat. 343-51; ¡rno/fv 6 numerical rating in terms of and any interested person who would 21 U.S.C. 360b) and under authority be adversely affected by an order with­ delegated to the Commissioner (21 CFR capability ^n^ S’ better the resolving drawing such approval, an opportunity for a hearing at which time such persons 2.120). H<^i

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8610 NOTICES

[Docket No. D-172; ND A No. 8-345] that any portion of the hearing concern­ are required to file with the Hearing SALEM PHARMACAL ing a method or process that the Com­ Clerk, Department of Health, Education, missioner finds is entitled to protection and Welfare, Office of the General Coun­ Keranil Ointment (10% Chloranil); as a trade secret will not be open to the sel, Food, Drug, and Environmental Notice of Opportunity for Hearing public, unless the respondent specifies Health Division, Room 6-62, 5600 Fishers on Proposal To Withdraw Approval otherwise in his appearance. Lane, Rockville, Md. 20852, a written ap­ I f such persons elect to avail them­ pearance electing whether: of New-Drug Application selves of the opportunity for a hearing, 1. To avail themselves of the oppor­ Notice is given to the applicant, Salem they must file a written appearance re­ tunity for a hearing; or Pharmacal, 23 Summit Road, Nauga­ questing the hearing and giving the 2. Not to avail themselves of the op­ tuck, Conn. 06770, and to any interested reasons why approval of the new-drug portunity for a hearing. application should not be withdrawn, person who may be adversely affected, I f such persons elect not to avail them­ that the Commissioner of Food and together with a well-organized and full- factual analysis of the clinical and other selves of "the opportunity for a hearing, Drugs purposes to issue an order under the Commissioner without further notice section 505(e) of the Federal Food, Drug, investigational data they are prepared to prove in support of their opposition. will enter a final order withdrawing and Cosmetic Act (21 U.S.C. 355(e)) the approval of the new animal drug withdrawing approval of new-drug ap­ The request must set forth specific facts showing there is a genuine and substan­ application. Failure of such persons to plication No. 8-345 and all amendments file a written appearance of election and supplements thereto held by Salem tial issue of fact that requires a hear­ ing. If.the hearing is requested and justi­ within said 30 days will be construed as Pharmacal for the drug Keranil Oint­ an election by such persons not to avail ment (10 percent chloranil) on the fied by the response to this notice, the issues will be defined, a hearing exam­ themselves of the opportunity for a grounds that new information before the hearing. Commissioner with respect to such drug, iner will be appointed, and he shall The hearing contemplated by this no­ evaluated together with the evidence issue a written notice of the time and available to him when the application place at which the hearing will com­ tice will be open to the public except that any portion concerning a method was approved, shows there is a lack of mence. (35 F.R. 7250; May 8, 3,970.) or process the Commissioner finds en­ substantial evidence that the drug will This notice is issued pursuant to provi­ titled to protection as a trade secret will have the effect it purports or is repre­ sions of the Federal Food, Drug, and Cos­ not be open to the public, unless the re­ sented in its labeling to have for the metic Act (sec. 505, 52 Stat. 1052-63, as spondent specifies otherwise in his treatment of psoriasis. amended; 21 U.S.C. 355) ahd under au­ In accordance with the provisions of thority delegated to the Commissioner appearance. section 505 of the act (21 U.S.C. 355) (21 CFR 2.120). If such persons elect to avail them­ selves of the opportunity for a hearing, and the regulations promulgated there­ Dated: May 20,1970. under (21 CFR Part 130), the Commis­ they must file a written appearance re­ sioner will give the applicant, and any S am D. F in e , questing the hearing and giving the rea­ interested person who would be ad­ Acting Associate Commissioner sons why approval of the new animal versely affected by an order withdrawing for Compliance. drug application should not be with­ such approval, an opportunity for a [F.R. Doc. 70-6803; Filed, June 2, 1970; drawn, together with a well-organized hearing to show why approval of new- 8:47 a.m.] and full-factual analysis of the clinical drug application No 8-345 should not be and other investigational data they are withdrawn and approval of all pending prepared to prove in support of their [Docket No. FDC-D-178; NDA No. 10-986V] supplements to the new-drug application opposition to the notice of opportunity should not be refused. SCHERING CORP. for a hearing. A request for a hearing Promulgation of the order will cause may not rest upon mere allegations or any drug for human use containing Trilafon; Notice of Opportunity for denials, but must set forth specific facts chloranil, and recommended for the same _ Hearing showing that there is a genuine and sub­ stantial issue of fact that requires a conditions of use, to be a new drug for Notice is given to Schering Corp., which an approved new-drug applica­ hearing. When it clearly appears from Bloomfield, N.J. 07003, that the Com­ the data in the application and from the tion is not in effect. Any such drug then missioner of Food and Drugs proposes to on the market would be subject to reasons and factual anlysis in the re­ issue an order under section 512(e) of quest for the hearing that there is no regulatory proceedings. the Federal Food, Drug, and Cosmetic Within 30 days after publication genuine and substantial issue of fact Act (21 U.S.C. 360b(e)) withdrawing ap­ which precludes the withdrawal of ap­ hereof in the F ederal R egister, such proval of new animal drug application persons are required to file with the proval of the application, the Commis­ No. 10-986V and all amendments and sioner will enter an order on these data, Hearing Clerk, Department of Health, supplements thereto held by said firm Education, and Welfare, Office of the making findings and conclusions on such for Trilafon (perphenazine) Injection data. I f a hearing is requested and is General Counsel, Food, Drug, and En­ and Tablets, a phenothiazine derivative vironmental Health Division, Room 6-62, justified by the response to the notice of tranquilizer for veterinary use in swine, hearing, the issues will be defined, a 5600 Fishers Lane, Rockville, Md. 20852, cattle, and dogs. a written appearance electing whether: hearing examiner will be named, and he Information before the Commissioner shall issue a written notice of the time 1. To avail themselves of the with respect to the drug, evaluated with opportunity for a hearing; or and place at which the hearing willcom- the evidence available to him when the mence, not more than 90 days after the 2. Not to avail themselves of the application was approved, shows that the expiration of such 30 days unless the opportunity for a hearing. drug is not safe under the conditions of hearing examiner and the applicant I f such persons elect not to avail use prescribed, recommended, or sug­ otherwise agree. themselves of the opportunity for a hear­ gested in its labeling. This notice is issqed pursuant to pro­ ing, the Commissioner without further In accordance with the provisions of visions of the Federal Food, Drug, an notice will enter a final order withdraw­ section 512 of the act (21 U.S.C. 360b), Cosmetic'Act (sec. 512, 82 Stat. 343-5 , ing approval of the new-drug application the Commissioner will give the applicant, 21 U.S.C. 360b) and under authority and all amendments and supplements and any interested person who would be thereto and refusing to approve all pend­ adversely affected by an order withdraw­ delegated to the Commissioner (21 CFR ing supplements. Failure of such persons ing such approval, an opportunity for 2 .120). to file such a written appearance of elec­ a hearing at which time such persons Dated: May 20, 1970. tion within such 30 days will be con­ may produce evidence and arguments to strued as an election by such persons not show why approval of new animal drug Sam D. F in e , application No. 10-986V should not be Acting Associate Commissioner to avail themselves of the opportunity for Compliance. for a hearing. withdrawn. The hearing contemplated by this Within 30 days after publication hereof [F.R. Doc. 70-6804; Filed, June 2, 1970> notice will be open to the public except in the F ederal R egister, such persons 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8611

the performance of its second inaugural CIVIL AERONAUTICS BOARD flights on its Taipei-San Francisco and FEDERAL COMMUNICATIONS San Francisco-Taipei routes. [Docket No. 20291; Order 70-5-127] In deferring action on the agreement, COMMISSION 10 days were granted in which interested INTERNATIONAL AIR TRANSPORT [Docket No. 18865; FCC 70-535] ASSOCIATION persons might file petitions in support of or in opposition to the proposed action. GEHRKE SIGN PAINTING Order Regarding Fare Matters No petitions have been received within the filing period and the tentative con­ Order Designating Application for Issued under delegated authority clusions in Order 70-2-91 will herein be Hearing on Stated Issues May 27, 1970. * made final. An agreement has been filed with the Accordingly, it is ordered: In regard application of George E. Board, pursuant to section 412(a) of the That portion of Agreement CAB 2'1602 Gehrke, doing business as Gehrke Sign Federal Aviation Act of 1958 (the Act) involving transportation between Taipei Painting, Blackhawk, Colo. 80422, for and Part 261 of the Board’s economic and San Francisco be and hereby is Class D Citizens radio station license. regulations, between various air carriers, The Commission has under considera­ foreign air carriers, and other carriers, approved. tion the above-entitled application for a embodied in the resolutions of Joint Con­ This order will be published in the Class D Citizens radio station license filed ferences 1-2 of the International Air .F ederal R eg ist e r . by George E. Gehrke, doing business as Transport Association (IA T A ), and [ s e a l ] H a r r y J. Z i n k , Gehrke Sign Painting. adopted by mail vote. Secretary. There is a substantial question con­ The agreement, which has been as­ cerning the qualifications of applicant to [F.R. Doc. 70-6841;’ Filed, June 2, 1970; signed the above-designated CAB agree­ 8:50 aon.] hold a Class D Citizens radio station li­ ment number, would reduce most cense arising from his unlicensed opera­ North Atlantic fares to/from Budapest tion of radio apparatus during April 1969, generally to the level of the fares appli­ [Docket No. 21770; Order 70-5-133] and on August 10 and 22, and September cable to/from Rome. INTERNATIONAL AIR TRANSPORT 6, 7, and 12, 1969; from transmitting Pursuant to authority duly delegated ASSOCIATION radiocommunications during April 1969, by the Board in the Board’s regulations, and on August 22, and September 12, 14 CFR 385.14, it is not found, on a ten­ Order Regarding Fare Matters 1969, which, had applicant been licensed, tative basis, that the following resolu­ would have been in violation of the Com­ tions, which are incorporated in the Issued ‘ under delegated authority mission’s rules governing the Citizens above-described agreement, are adverse May 27, 1970. Radio Service; and from statements con­ to the public interest or in violation of An agreement has been filed with the tained in his letter of November 2, 1969, the Act. Board, pursuant to section 412(a) of the which were false and/or evinced a lack IATA Resolutions Federal Aviation Act of 1958 (the Act) of candor. JT12(Mail 737) 054a. and Part 261 of the Board’s economic The Commission is unable to find that JT12(Mail 737) 064a. regulations, between various air carriers, a grant of the captioned application JT12(Mail 737) 070d. foreign air carriers, and other carriers, would serve the public interest, conven­ JT12(Mall 737) 071cL. embodied in the resolutions of Joint Con­ ience, and necessity and must, therefore, JT12(Mail 737) 076c. ference 1-2 of the International Air designate the application for hearing. JT12(Mail 737) 083a. Transport Association (IA T A ), an JT12(Mail 737) 084a. Except for the issues specified herein, the adopted by mail vote. The agreement has applicant is otherwise qualified to hold a Accordingly; It is ordered, That: been assigned the above-designated CAB Class D Citizens radio station license. Action on Agreement CAB 21737 be agreement number. Accordingly, it is ordered, Pursuant to and hereby is deferred with a view to­ The agreement would amend an exist­ section 309(e) of the Communications ward eventual approval. ing resolution governing affinity-group Act of 1934, as amended, and § 1.973(b) Persons entitled to petition the Board travel so as to permit, in instances where of the Commission’s rules, that the cap­ for review of this order, pursuant to the the unavailability of space makes it im­ tioned application is designated for hear­ Board’s regulations, 14 CFR 385.50, may, possible for passengers to travel as one ing, at a time and place to be specified by within 10 days after the date of service group on sectors within North America, subsequent order, upon the following of this order, file such petitions in sup­ the utilization of the first three flights of issues: port of or in opposition to our proposed the same carrier on which space is avail­ 1. To determine whether applicant en­ action herein. able for the carriage of groups of 80 or gaged in unlicensed operation of radio This order will be published in the more passengers traveling at the transmitting apparatus during April F ederal R e g ister . applicable fare, 1969, and on August 10 and 22, and \ Pursuant to authority duly delegated September 6, 7, and 12,1969, in violation [ seal] H a r r y J. Z i n k ,- by the Board in the Board’s regulations, Secretary. of section 301 of the Communications 14 CFR 385.14, it is not found, on a tenta­ Act of 1934, as amended. [F.R. Doc. 70-6840; Filed, June 2, 1970; tive basis, that Resolution JT12(Mail 8:50 a.m.] 742)076e, incorporated in the above- 2. To determine (a) the nature, scope and extent of the purported authority, if indicated agreement, is adverse to the any, granted applicant by the City of [Docket No. 20291; Order 70-5-129] public interest or in violation of the Act. Accordingly, it is ordered, That: Central, Police Department, to operate as international a ir tr a n sp o r t Action on Agreement CAB 21739 be and a unit of its Citizens radio station, KG C- ASSOCIATION hereby is deferred with a view toward 1548; and (b) the facts concerning the communications transmitted by appli­ eventual approval. Order Regarding Inaugural Flights cant pursuant to any such purported Persons entitled to petition the Board Issued under delegated authority for review of this order, pursuant to the authority. May 27, 1970. Board’s regulations, 14 CFR 385.50, may, 3. To determine whether applicant, Agreement adopted by Joint Confer­ within 10 days after the date of service while operating a radio transmitter on ence 3-1 of the International Air Trans­ of this order, file such petitions in sup­ Citizens Radio Service frequencies, port Association relating to inaugural port of or in opposition to our proposed transmitted radiocommunications during flights. action herein. April 1969, and on August 22, and Sep­ Order 70-2-91, action was deferred, tember 12, 1969, which, had applicant with a view toward eventual approval, on This order will be published in the been a Class D Citizens radio station agreement adopted by Joint Confer­ F ederal R eg ist e r . licensee, would have been in violation of ence 3-1 of the International Air Trans­ [ s e a l ] H a r r y J. Z i n k , one or more of the following sections of port Association (IA T A ). The agreement Secretary. the Commission’s rules: §§ 95.83(a) (1), Permits China Airlines to postpone to a [F.R. Doc. 70-6842; Filed, June 2, 1970; 95.91(b), 95.41(d), 95.41(d) (2), 95.83(b), aate n°t later than December 31, 1970, 8:50 am.] 95.95(c), and 95.43.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8612 NOTICES

4. To determine the facts concerning Specific areas of performance measured 28, 1969. The Commission does not con­ the applicant’s failure to make his radio by the data include, among others, the sider an error in computing time to be station available for inspection on delay a customer encounters until an good cause for a waiver of the rules, but August 22, 1969, upon the request of order for service is installed, the number we will consider the petition as an in­ an authorized representative of the of customer complaints received by the formal objection under § 1.587 of the Commission. company, the time a customer waits for rules. WBJA-TV, Inc., 13 RR 2d 1138,14 5. To determine whether applicant an operator to answer. It also includes FCC 2d 262 (1968). misrepresented facts to the Commission the delay in receiving dial tone when a 3. Citing Carroll Broadcasting Co. v. and/or was lacking in candor in his let­ customer is placing a call and circuit or Federal Communications Commission, ter dated November 2, 1969, responding switching equipment busy conditions en­ 103 U.S. App. D.C., 346, 258 F. 2d 440, 17 to the Commission’s letter of October 23, countered when a long distance call is R R 2066 (1958), for the proposition that 1969, concerning his operations on Citi­ made. “ * * * economic injury to an existing zens Radio Service frequencies, his The data are being processed in a com­ station, while not in and of itself a mat­ possession and use of a linear amplifier, puter program designed to recognize sea­ ter of moment, becomes important when and the scope of his authority to operate sonal and geographic differences and on the facts it spells diminution or as a unit of Citizens radio station KG C- other variables necessary to obtain valid destruction of service. At that point, the 1548, then licensed to the City of Central, service quality trends. The computer element of injury ceases to be a matter Police Department. program is being tested at this time and of purely private concern”, WTRA 6. To determine whether, in view of it is anticipated that results will be avail­ claims that a grant of the instant ap­ the evidence adduced in the above-speci­ able in the near future. The initial data plication would place W TRA in such a fied issues, George E. Gehrke possesses covered a 2-year past period. Data for noncompetitive position that it would in­ the requisite qualifications to be a li­ current operations are being submitted evitably lead to diminution of WTRA’s censee of the Commission. on a monthly basis. local services and may eventually signal 7. To determine whether, in light of The immediate program is restricted total destruction of the station. WTRA the evidence adduced in respect to the to analysis of Bell System operations. states that granting such an increase in foregoing issues, the grant of the sub­ Similar data, however, have been re­ power to a competitor would deprive a ject application for a Class D Citizens quested of seven selected independent station plagued with financial difficulty radio station license would serve the companies and will be analyzed in the since 1956 of nearly all regional and na­ public interest, convenience, and near future. tional advertising (presently 8 percent of necessity. The program will keep the Commis­ its advertising revenue). It is further ordered, That, to avail sion continuously informed on the gen­ 4. In Missouri-Hlinois Broadcasting himself of the opportunity to be heard, eral trend of the quality of service of­ Co., FCC 64-748, 3 RR 2d 232, adopted the applicant herein, pursuant to § 1.221 fered the public, and will indicate the July 29, 1964, the Commission set out of the Commission’s rules, in person or need for, and effects of remedial action the type of specific economic data neces­ by attorney, shall within 20 days of the to alleviate service problems. Periodic re­ sary to support a request for a Carroll mailing of this order file with the Com­ ports of the results of the Commission’s issue. Subsequently, the Court of Appeals mission, in triplicate, a written appear­ analyses will' be distributed to State held that the Commission could not de­ ance stating an intent to appear on the commissions and made available to the mand of Carroll petitioners “exact cal­ date fixed for hearing and to present public. culation” or “pre-knowledge of the exact evidence in the issues specified in this Action by the Commission May 13, economics of the situation” which would order. 1970. Commissioners Burch (Chairman), occur after grant of the proposed sta­ I t is further ordered, That the Chief, Bartley, Robert E. Lee, Cox, Johnson, H. tion. Folkways Broadcasting Co., Inc. v. Safety and Special Radio Services Bu­ Rex Lee and Wells. FCC, 375 F 2d 299, 8 RR 2d 2089 (1967). reau, shall, within 10 days after the re­ In the present case, however, petitioner lease of this order, furnish a Bill of F ederal C ommunications has fallen far short of the specific cri­ Particulars to the applicant herein set­ C o m m is s io n , teria set forth in the Missouri-Illinois [ s e a l ] B e n F. W a p l e , ting forth the basis for the above issues. opinion. Thus, for example, WTRA has Secretary. not set forth the number of businesses Adopted: May 20,1970. [F.R. Doc. 70-6828; Filed, June 2, 1970; in Latrobe, the total amount of retail Released: May 27,1970. 8:52 a.m.] sales for the preceding 3 years, nor has petitioner stated its total revenues, ex­ F ederal C ommunications penses, net profit or loss, or average C o m m is s io n , [Docket No. 18868; FCC 70-547] number of employees for the same period. [ s e a l ] B e n F. W a p l e , W TRA has given no specific details on Secretary. WHJB, INC., GREENSBURG, PA. [F.R. Doc. 70-6831; Filed, June 2, 1970; Memorandum Opinion and Grcj^r 8:50 a.m.] Designating Application for Hear­ their advertising to the proposed opera­ ing on Stated Issues tion, W TRA merely states that “even more” advertisers would switch their [FCC 70-508] In regard application of WHJB, Inc., regional and national advertising to the QUALITY OF TELEPHONE SERVICE Greensburg, Pa., has: 620 kc., 500 w., 1 applicant. ' . SURVEY kw.-LS, DA-2, U, requests: 620 kc., 500 5. Assuming, arguendo, that WTRA w., 5 kw.-LS, DA-2, U, for construction would be hurt financially by the increase M a y 14, 1970. permit, File No. BP-17962. in power of a nearby AM station, WTRA The Federal Communications Com­ 1. The Commission has before it for has nonetheless failed to explain how mission has received many requests for consideration (a) the above-captioned grant of the instant application would a report on the results of its recently application; (b) a petition to deny the be detrimental to the public interest, a inaugurated survey of the quality of application, filed by W TRA Broadcast­ stated by the Court in the Carroll cas, telephone service being provided in the ing Co., licensee of station W TRA, La- private economic injury is in itself ia United States. No official report on the trobe, Pa.; and (c) pleadings in opposi­ from conclusive of public detrimen . survey is yet available. tion and reply thereto. “Competitors may severely injure eac The survey will be a continuing one 2. Since the petition to deny was filed other to the great benefit of the Put)11r„ designed to assist the FCC and State on-February 28, 1969, 1 day after the Carroll Broadcasting v> FCC< ,suporp agencies in carrying out their regulatory “cut-off” date, it does not meet the re­ W TRA states that 37 minutes a day arc responsibilities with respect to telephone quirements of § 1.580(i) of the Commis­ devoted to public service and 2 nou service. sion’s rules with respect to timeliness and 45 minutes a week is allotted i The survey encompasses substantial and is thus procedurally defective. religious programs. However, it does amounts of data submitted by telephone W TRA claims that it misconstrued the indicate how many of these Pjogra companies and reflects service conditions “cut-off” date and believed the final day would be cut, curtailed, or shifted, > in selected areas of the United States. for such a petition would be February in fact, how its total program format

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8613 public service performance would be are unable at this time to determine Before program tests' are authorized, changed or affected as a result of the whether the applicant is aware of and permittee shall submit new common point proposed operation. It should also be responsive to the needs of the area. impedance measurements and sufficient noted that Lafrobe is now receiving pri­ Accordingly, a Suburban issue is field intensity measurement data to mary service from the present operation required. clearly show that the adjustment of the of WHJB. As W TRA admits, Latrobe is 8. According to its application, the daytime directional array has not ad­ not only served by station WHJB, it is applicant would require $26,000 to con­ versely affected the operation of the also served by station W QTW located in struct the proposed facility. The appli­ present nighttime directional antenna Latrobe itself. It makes no showing that cant, however, has failed to keep its system. the needs of the Latrobe area would not financial showing current. For this rea­ 14. It is further ordered, That to avail be served by stations WHJB and W QTW son, a financial issue will be specified. themselves of the opportunity to be even if there were a diminution of the 9. Except as indicated by the issues heard, the applicant and party respond­ service being rendered by W TR A. No specified below, the applicant is qualified. ent herein, pursuant to § 1.221(c) of the claim has been made by W TR A that However, in view of the foregoing, the Commission’s rules, in person or by at­ there will be a degradation in the over­ Commission is unable to find that a grant torney, shall, within 20 days of the mail­ all service that will be available to the of the application would serve the public ing of this order, file with the Commis­ Latrobe area. In view of these facts, the interest, convenience and necessity, and sion in triplicate, a written appearance Commission cannot make a finding that is of the opinion that it must be desig­ stating an intention to appear on the date WTRA has raised substantial and mate­ nated for hearing on the issues set forth fixed for the hearing and present evi­ rial questions of fact relevant to the below. dence on the issues specified in this public interest. Accordingly, the Carroll 10. Accordingly, it is ordered, That, order. issue Objections will be denied. pursuant to section 309(e) of the Com­ 15. It is further ordered, That the ap­ 6. Greensburg is located 18 milesmunications Act of 1934, as amended, plicant herein shall, pursuant to section southeast of Pittsburgh, Pa. The two the application is designated for hear­ 311(a) (2) of the Communications Act of cities have 1960 U.S. Census populations ing, at a time and place to be specified 1934, as amended, and § 1.594 of the Com­ of 17,383 and 604,332, respectively. As in a subsequent order, upon the following mission’s rules, give notice of the hearing, noted by petitioner, since the proposed 5 issues: within the time and in the manner pre­ mv/m contour penetrates (virtually en­ (1) To determine whether WHJB, Inc., scribed in such rule, and advise the Com­ compassing) the city limits of Pitts­ is financially qualified to construct and mission of the publication of such notice burgh, a presumption that the applicant operate its proposed station. as required by § 1.594(g) of the rules. (2) To determine whether the instant is realistically proposing to serve the Adopted: May 20, 1970. larger community is raised under the proposal will realistically provide a local Commission’s Policy Statement on Sec­ transmission facility for its specific sta­ Released*: May 27, 1970. tion 307(b) Considerations for Standard tion location or for another larger com­ F ederal C ommunications Broadcast Facilities Involving Suburban munity, in the light of all the relevant C o m m is s io n ,1 Communities, 2 FCC 2d 190, 6 RR 2d 1901 evidence, including, but not necessarily limited to, the showing with respect to: [ s e a l ] B e n F. W a p l e , (1965). In attempting to rebut this 307 Secretary. • (b) presumption, WHJB stresses its serv­ (a) The extent to which the specified ice to the Greensburg area and states station location has been ascertained by [F.R. Doc. 70-6832; Filed, June 2, 1970; that no effort will be made to attract ad­ the applicant to have separate and dis­ 8:50 a.m.J vertising from the Pittsburgh market. tinct programing needs; WHJB further asserts that it is the pur­ (b) The extent to which the needs of pose of the power increase to overcome the specified station location are being alleged “ man-made noise” , thereby im­ met by existing aural broadcast stations; FEDERAL MARITIME COMMISSION proving the signal for the Greensburg (c) The extent to which the applicant’s [Independent Ocean Freight Forwarder area, and that there was no other direc­ program proposal will meet the specific License No. 297] tion in which to radiate the surplus unsatisfied programing needs of its speci­ BEHRING-PACIFIC SHIPPING CO., power but towards Pittsburgh. However, fied station location; and INC. the allegation of “man-made noise” pre­ (d) The extent to which the projected venting adequate service to the Greens­ sources of the applicant’s advertising Order of Revocation burg area has not been adequately sup­ revenues within its specified station loca­ ported by any engineering studies, tion are adequate to support its proposal, By letter dated May 13,1970, Behring- ■therefore, since the proposed power as compared with its projected sources Pacific Shipping Co., Inc., Post Office Box appears to be greatly in excess of that from all other areas. 2568, South San Francisco, Calif. 94080, needed to provide adequate coverage (3) To determine the efforts made by advised that it had ceased operations as of the specified community and its WHJB, Inc., to ascertain the community an independent ocean freight forwarder immediate environs, we find that the needs and interests of the area to be and voluntarily returned its License No. applicant has failed to rebut the afore­ served and the means by which the ap­ 297 for cancellation. mentioned presumption and, accord­ plicant proposes to meet those needs and By virtue of authority vested in me by ingly, a 307(b) Suburban issue will be interests. the Federal Maritime Commission as set forth in Manual of Orders, Commission included. (4) To determine, in the light of evi­ Order 201.1, section 6.03, q J* Suburban Broadcasters, 30 FC dence adduced pursuant to the foregoing issues, whether a grant of the application I t is ordered, That the Independent . (1?61). our public notice of Ai Ocean Freight Forwarder License No. 1Q09 22’ 1968’ 1,00 68-847, 13 R R ! would serve the public interest, con­ venience and necessity. 297 of Behring-Pacific Shipping Co., Inc., io City of Camden (WCAM be and is hereby revoked effective May nLPCC 2d 412 (1069), 16 R R 2d 55 11. It is further ordered, That the 13, 1970, without prejudice to reappli­ 7“dJ n?re recently in its Primer t aforementioned petition is dismissed as cation for a license at a later date. f^cmamment of Community Probler a petition to deny, but as an informal It is further ordered, That a copy of "y Broadcast Applicants, FCC 69-140 objection is granted to the extent indi­ this order be published in the F ederal release December 19, 1969, we indicab cated above and is denied in all other R e g ister and served upon Behring-Pa­ full la®pMcants were expected to provi< respects. cific Shipping Co., Inc. arfi lnforma.tion on their awareness 12. I t is further ordered, That WTRA « les^ v e n e s s to local communi Broadcasting Co., licensee of station L e r o y F . F u l l e r , niir"tf^d interests. In this case, the a] W TRA, Latrobe, Pa., is made a party to Director, a rorv does n°t appear to have contact« the proceeding. Bureau of Domestic Regulation. a W Jes? i athre cross-section of the ga 13. It is further ordered, That in the [F.R. Doc. 70-6845; Filed, June 2, 1970; j, .. bas not adequately provided event of a grant of the application, the 8:51 a.m.] th ^ Sbectfic Programs responsive construction permit shall contain the 1 Commissioners Robert E. Lee and John­ e needs as evaluated. As a result, v following condition: son absent.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8614 NOTICES

FARRELL LINES INC. AND DET DANSK- Interested parties may inspect and No. CP70-280 a joint application pur­ FRANSKE DAMPSKIPSSELSKAB obtain a copy of the agreement at the suant to subsections (b) and (c) of sec­ Washington office of the Federal Mari­ tion 7 of the Natural Gas Act for an order Notice of Agreement Filed time Commission, 1405 I Street NW., of the Commission granting permission Room 1202; or may inspect the agree­ and approval to abandon certain natural Notice is hereby given that the follow­ ments at the Field Offices located at gas facilities and a certificate of public ing agreement has been filed with the convenience and necessity authorizing Commission for approval pursuant to sec­ New York, N.Y., New Orleans, La., and San Francisco, Calif. Comments on such the construction and operation of certain tion 15 of the Shipping Act, 1916, as agreements, including requests for hear­ other natural gas facilities, all as more amended (39 Stat. 733, 75 Stat. 763, 46 ing, may be submitted to the Secretary, fully set forth in the application which is U.S.C. 814). Federal Maritime Commission, Washing-, on file with the Commission and open Interested parties may inspect and ob­ ton, D.C. 20573, within 20 days after to public inspection. tain a copy of the agreement at the C and A proposes to deliver and sell Washington office of the Federal Mari­ publication of this notice in the F ederal R e g ist e r . Any person desiring a hearing on a day-to-day basis, as it becomes time Commission, 1405 I Street NW., available, local purchase gas to United Room 1202; or may inspect the agree­ on the proposed agreement shall provide a clear and concise statement of the at a proposed point of connection at the ments at the Field Offices located at New matters upon which they desire to southern terminus of C and A ’s line York* N.Y., New Orleans, La., and San adduce evidence. An allegation of dis­ 18396 in Randolph County, W. Va. Such Francisco, Calif. Comments on such sales would commence November 1,1970, agreements, including requests for hear­ crimination or unfairness shall be accompanied by a statement describing and would be in accordance with an ing, may be submitted to the Secretary, agreement applicants wish to incorporate Federal Maritime Commission, Washing­ the discrimination or unfairness with particularity. If a violation of the Act as a rate schedule in Original Volume ton, D.C. 20573, within 20 days after pub­ or detriment to the commerce of the No. 2 of their FPC Gas Tariff. Applicants lication of this notice in the F ederal United States is alleged, the statement propose the following: R e g ist e r . Any person desiring a hearing shall set forth with particularity the acts (1) C and A proposes to abandon the on the proposed agreement shall provide Belington Compressor Station in Bar­ a clear and concise statement of the and circumstances said to constitute such violation or detriment to commerce. bour County, W. Va.; matters upon which they desire to ad­ (2) C and A proposes to construct and duce evidence. An allegation of dis­ A copy of any such statement should also be forwarded to the party filing the operate a 350-horsepower compressor crimination or unfairness shall be station on Line 18396 in Randolph accompanied by a statement describing agreement (as indicated hereinafter) and the statement should indicate that County, utilizing a unit salvaged from the discrimination or unfairness with the Belington Station; particularity. I f a violation of the Act or this has been done. Notice of agreement filed by: (3) United proposes to construct and detriment to the commerce of the United operate approximately 2.7 miles of 8- States is alleged, the statement shall set N. D. Pasco, Vice President, Moore-McCor- inch and 4.7 miles of 6-inch transmission forth with particularity the acts and cir­ mack Lines, Inc., 1000 16th Street NW., pipeline in Randolph County, and a cumstances said to constitute such viola­ Washington, D.C. 20036. 1,100-horsepower compressor station and tion or detriment to commerce. Agreement No. 9753-2, between Pru­ appurtenant facilities at the point of A copy of any such statement should dential-Grace Lines, Inc., and Moore- interconnection of said pipelines, all be­ also be forwarded to the party filing the McCormack Lines, Inc. (as Agent), will tween the proposed point of purchase agreement (as indicated hereinafter) amend the freight agency agreement of from C arid A and a point on the system and the statement should indicate that the parties covering Philadelphia, Pa., by of Atlantic Seaboard Corp.; and this has been done. modifying Item 8 of Article 2 of the (4) United proposes to establish an Notice of agreement filed by: agreement to specify that the agency additional point,of delivery to Atlantic Hans Unterwiener, Manager, Freight Docu­ understanding does not include any Seaboard Corp. in Randolph County. mentation and Inward Freight, Farrell activities in connection with passengers The total estimated costs of the pro­ Lines Inc., 1 Whitehall Street, New York, embarking or disembarking. The lan­ posed facilities are $140,000 to C and A, N.Y. 10004. guage of Article 3 of the agreement has to be financed with funds on hand, and Agreement No. 9866, between Farrell been modified to delete the reference to $788,700 to United, to be financed lines Inc. and Det Dansk-Franske the establishment by mutual agreement through open account advances and the Dampskipsselskab (Dafra Lines) estab­ of an agency fee on combination passen­ issuance of promissory notes and com­ lishes a through billing arrangement for ger/freighter vessels. The regular agency mon stock to its parent company, The the movement of cargo between the Li­ fee of $400 will apply on both freighters Columbia Gas System, Inc. berian Ports of Harbel, Buchanan, Sinoe, and passenger/freighter vessels. Any person desiring to be heard or to and Cape Palmas, and U.S. gulf ports make any protest with reference to said Dated: May 27, 1970. with transshipment at Monrovia, Liberia, application should on or before June 15, in accordance with the terms and condi­ By order of the Federal Maritime 1970, file with the Federal Power Com­ tions set forth in the agreement. Commission. mission, Washington, D.C. 20426, a peti­ tion to intervene or a protest in accord­ Dated: May 27,1970. F r a n c is C. H u r n e y , Secretary. ance with the requirements of the Com­ mission’s rules of practice and procedure By order of the Federal Maritime [F.R. Doc. 70-6844; Filed, June 2, 1970; Commission. 8:51 a.m.] (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act (18 CFR 157.- F r a n c is C. H u r n e y , 10). All protests filed with the Commis­ Secretary. sion will be considered by it in deter­ [F.R. Doc. 70-6843; Filed, June 2, 1970; FEDERAL POWER COMMISSION mining the appropriate action to be 8:51 a.m.] taken but will not serve to make the pro- [Docket No. CP70-280] testants parties to the proceeding. Any PRUDENTIAL-GRACE LINES, INC., CUMBERLAND AND ALLEGHENY GAS person wishing to become a party to a CO.-AND UNITED FUEL GAS CO. proceeding or to participate as a party in AND MOORE-McCORMACK LINES, any hearing therein must file a petition INC. Notice of Joint Application to intervene in accordance with the Commission’s rules. Notice of Agreement Filed M a y 25, 1970. Take further notice that, pursuant to Notice is hereby given that the follow­ Take notice that on May 18, 1970, the authority contained in and subjectto ing agreement lias been filed with the Cumberland and Allegheny Gas Co. (C the jurisdiction conferred upon the Fed­ Commission for approval pursuant to and A ) , 800 Union Trust Building, Pitts­ irai Power Commission by sections 7 section 15 of the Shipping Act, 1916, as burgh, Pa. 15219, and United Fuel Gas ind 15 of the Natural Gas Act and the amended (39 Stat. 733, 75 Stat. 763, 46 Co. (United), Post Office Box 1273, Commission’s rules of practice and pro- U.S.C. 814). Charleston, W. Va. 25325, filed in Docket jedure, a hearing will be held without

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8615 further notice before the Commission on notice before the Commission on this annual volume of 51,100,000 Mcf (140,000 this application if no petition to inter­ application if no petition to intervene is Mcf per day), the difference in revenues vene is filed within the time required filed within the time required herein, if would be $1,657,786. Phillips further re­ herein, if the Commission on its own re­ the Commission on its own review of the quests that in the event the Commission view of the matter finds that a grant of matter finds that a grant of the certifi­ does not amend the certificate order as the certificate or permission and approval cate is required by the public conven­ requested that the Commission accept for the proposed abandonment is re­ ience and necessity. If a petition for leave for filing Phillips’ notice of change with quired by the public convenience and to intervene is timely filed, or if the Com­ the 30-day notice requirement waived necessity. If a petition for leave to in­ mission on its own motion believes that and that any suspension period be lim­ tervene is timely filed, or if the Commis­ a formal hearing is required, further no­ ited to 1 day. sion on its own motion believes that a tice of such hearing will be duly, given. By order issued June 10, 1969, in formal hearing is required, further notice Under the procedure herein provided Docket No. CI69-900, Phillips received a of such hearing will be duly given. for, unless otherwise advised, it will be temporary authorization to sell gas from Under the procedure herein provided unnecessary for Applicant to appear or the Morrow formation pursuant to an for, unless otherwise advised, it will be be represented at the hearing. interim letter agreement with Natural unnecessary for applicants to appear or dated February 17, 1969, providing for be represented at the hearing. G o r d o n M . G r a n t , sales on any interim basis pending com­ Secretary. pletion by Natural of the facilities nec­ G o r d o n M . G r a n t , [F.R. Doc. 70-6820; Filed, June 2, 1970; essary to take such gas under the basic Secretary. 8:49 a.m.] contract. The interim agreement also [F.R. Doc. 70-6819; Filed, June 2, 1970; provides that it does not in any way im­ 8:49 a.m.] [Dockets Nos. CI69-900, RI70-1139] plement any provisions of the basic con­ tract. Phillips commenced deliveries [Docket No. CP70-277] PHILLIPS PETROLEUM CO. from the Morrow formation on August 6, 1969. EASTERN SHORE NATURAL GAS CO. Order Denying Rehearing and By order issued in Docket No. CI69-900 Amending Suspension Order on November 6, 1969, Phillips was issued Notice of Application a permanent certificate only insofar as it M a y 22, 1970. M a y 25,1970. related to the interim sale. On January 8, On April 24, 1970, Phillips Petroleum 1970, Phillips filed a proposed rate in­ Take notice that on May 15, 1970, Co. filed an application for rehearing Eastern Shore Natural Gas Co. (Appli­ crease for gas from the Morrow forma­ and reconsideration of the Commission’s tion from the authorized 17 cents per cant), Post Office Box 615, Dover, Del. order issued March 27, 1970, in which 19901, filed in Docket No. CP70-277 an Mcf plus B.t.u. adjustment to the full Phillips was granted a permanent cer­ contract rate of 20.3342 cents per Mcf, application pursuant to section 7(c) of tificate in Docket No. CI69-900 authoriz­ the Natural Gas Act for a certificate of inclusive of B.t.u. adjustment. Such rate ing a sale of natural gas to Natural Gas increase was designated as Supplement public convenience and necessity au­ Pipeline Co. of America from the thorizing the transportation and sale of No. 3 to Phillips’ Rate Schedule No. 469 Washita Creek Field, Hemphill County, and was suspended in Docket No. RI70- natural gas to certain of its existing re­ Tex., RR District No. 10, pursuant to a sale customers, all as more fully set forth 1139 until July 8, 1970, by order issued gas purchase contract dated February February 4, 1970. in the application which is on file with 20, 1969. The gas will be produced from the Commission and open to public two reservoirs: the Morrow formation * Phillips contends that the March 27, inspection. and the Hunton formation. The order 1970, order would impose an unwar­ Applicant proposes to transport and conditioned the certificate to provide ranted, unjustified, and substantial pen­ sell 500 Mcf peaking natural gas service that the initial rate should not exceed alty upon it until the effective date of per day to certain of its existing cus­ 17 cents per Mcf at 14.65 p.s.i.a. plus ad­ the Commission’s order in Docket AR64-1, et al., which could never be re­ tomers. Such service is dependent upon a justment for B.t.u. content of the gas as currently pending application in Docket provided for in the contract, subject to covered even though the Commission No. CP70-193 filed by Applicant’s sup­ Phillips’ refunding to Natural with in­ should determine that the area rate is plier, Transcontinental Gas Pipe Line terest at 7 percent per annum any equal to or greater than the rate pro­ Corp., wherein the latter proposes to sell amounts collected from the date of ini­ vided by contract. Phillips claims that 500 Mcf of natural gas per day to the 17-cent rate for this area under the Applicant. tial delivery in excess of the higher of (1) the just and reasonable rate finally Commission’s statement of general policy Any person desiring to be heard or to determined for sales from the subject No. 61-1, issued September 28, 1960, 10 make any protest with reference to said area or (2) a rate of 15 cents per Mcf years ago has no applicability or rele­ application should on or before June 16, vancy today. Phillips also claims that the 1970, file with the Federal Power Com­ proportionally adjusted to reflect B.t.u. content of the gas below 1,000 B.t.u.’s per Examiner’s decision issued September 16, mission, Washington, D.C. 20426, a peti­ 1968, in Docket No. AR64-1 et al., which cubic foot measured on a wet basis. tion to intervene or a protest in accord­ recommended a base rate of 18.5 cents ance with the requirements of the Com­ Phillips in its application for rehear­ per Mcf applicable to the gas here, was mission’s rules of practice and procedure ing and reconsideration requests that the based upon a stale and inadequate rec­ (18 CFR 1.8 or 1.10) and the regulations said order be amended to permit the col­ ord. Phillips further cites the settlement under the Natural Gas Act (18 CFR lection of the contract rate of 20.3342 proposal now pending in Docket No. 157.10). All protests filed with the Com­ cents per Mcf, inclusive of B.t.u. adjust­ AR64-1 et al., which provides for a base mission will be considered by it in deter­ ment, subject to 'refund .with interest at rate of 20 cents per Mcf for the gas in­ mining the appropriate action to be 7 percent per annum of all amounts col­ volved here. lected in excess of the applicable area taken but will not serve to make the pro- There is no basis for authorizing a testants parties to the proceeding. Any rate finally determined in Docket No. AR64-1 et al. higher initial rate than that permitted Person wishing to become a party to a under the Commission’s statement of proceeding or to participate as a party in Phillips concurrently filed a notice of general policy No. 61-1, as amended. any hearing therein must file a petition change in rate designated as Supplement Consequently, we shall deny Phillips’ ap­ 0 intervene in accordance with the Com­ No. 1 to its FPC Gas Rate Schedule No. plication for rehearing. However, in the mission’s rules. 475, providing for a rate increase to the special circumstances presented here we Take further notice that, pursuant to contract rate of 20.3342 cents per Mcf, believe it appropriate to accept Phillips' ne authority contained in and subject to inclusive of B.t.u. adjustment, from the notice of change in rate (Supplement pvqi T>riSi**c^ on conferred upon the Fed- authorized initial rate of 17 cents per No. 1 to its FPC Gas Rate Schedule No. 1 k' « . Commission by sections 7 and Mcf plus B.t.u. adjustment. The notice 475) as an amendment to the notice of m w , Natural Gas Act and the Com- of change in rate applies to sales from change in rate (Supplement No. 3 to a v810^ s ru*es ° f Practice and procedure, both the Morrow and Hunton forma­ Phillips’ FPC Gas Rate Schedule No. earing will be held without further tions. Phillips estimates that based on an 469) currently suspended in Docket No.

No. 107----- 12 FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8616 NOTICES

RI70-1139, subject to the same suspen­ Not later than thirty (30) days after 1969, adjusted to reflect holding com­ sion period now provided therein, i.e. the publication of this notice in the pany formations and acquisitions ap­ July 8, 1970. F ederal R eg ist e r , comments and views proved by the Board to date.) Bank, with The Commission finds: The assign­ regarding the proposed acquisition may deposits of $17.4 million, is slightly the ments of error and ground for rehearing be filed with the Board. Communications smaller of two banks located in Moberly set forth in the application filed on should be addressed to the Secretary, and the second largest among five banks April 24, 1970, by Phillips in Docket No. Board of Governors of the Federal Re­ in Randolph County. Applicant has no CI69-900 present no facts or legal prin­ serve System, Washington, D.C. 20551. subsidiary in Randolph County. Its ciples which should warrant any change The application may be inspected at the closest subsidiary is located in Boone in or modification of the order issued in office of the Board of Governors or the County, about 35 miles southeast of said docket on March 27, 1970. Federal Reserve Bank of Atlanta. Moberly, and neither it nor any other of The Commission orders: By order of the Board of Governors, applicant’s present subsidiaries com­ (A ) The application for rehearing filed May 26,1970. petes with Bank to any meaningful ex­ by Phillips Petroleum Co. on April 24, tent. It does not appear that existing 1970, in Docket No. CI69-900 is denied. [ s e a l ! K e n n e t h A. K e n y o n , competition would be eliminated, or sig­ (B) Supplement No. 1 to Phillips’ FPC Deputy Secretary. nificant potential competition foreclosed, Gas Rate Schedule No. 475 is accepted [F.R. Doc. 70-6833; Filed, June 2, 1970; by consummation of applicant’s pro­ for filing as an amendment to the notice 8:49 am .] posal, or that there would be undue ad­ of change in rate suspended in Docket verse effects on any other bank in the No. RI70-1139, subject to the same sus­ area involved. pension period now provided therein for COMMERCE BANCSHARES, INC. Based upon the foregoing, the Board Supplement No. 3 to Phillips’ FPC Gas concludes that consummation of the Rate Schedule No. 469. Order Approving Acquisition of Bank Stock by Bank Holding Company proposed acquisition would not have sig­ By the Commission. nificant adverse effects on competition in In the matter of the application of any relevant area. Applicant proposes [ s e a l ] G o r d o n M . G r a n t , Commerce Bancshares, Inc., Kansas to provide additional capital needed by Secretary. City, Mo., for approval of acquisition of bank, and the acquisition would also re­ [F.R. Doc. 70-6821; Filed, June 2, 1970; more than 80 percent of the voting sult in stronger management direction 8:49 a.m.] shares of Mechanics Bank and Trust Co., of bank; these considerations lend some Moberly, Mo. weight toward approval of the applica­ There has come before the Board of tion. Major banking needs of the area Governors, pursuant to section 3(a) (3) served by bank are being adequately met FEDERAL RESERVE SYSTEM of the Bank Holding Company Act of at present. However, consummation of BARNETT BANKS OF FLORIDA, INC. 1956 02 U.S.C. 1842(a) (3 )) and § 222.3 the proposal would result in improve­ (a) of Federal Reserve Regulation Y (12 ments in bank’s lending services, and Notice of Application for Approval of CFR 222.3(a)), an application by Com­ would permit the introduction of special­ Acquisition of Shares of Bank merce Bancshares, Inc., Kansas City, ized services not now available in the Notice is hereby given that applica­ Mo. (Applicant), a registered bank area. It is the Board’s judgment that tion has been made, pursuant to section holding company, for the Board’s prior consummation of the proposed acquisi­ 3 (a )(3 ) of the Bank Holding Company approval of the acquisition of more than tion would be in' the public interest, and Act of 1956 (12 U.S.C. 1842(a)(3)), by 80 percent of the voting shares of Me­ that the application should be approved. Barnett Banks of Florida, Inc., which is chanics Bank and Trust Co., Moberly, I t is hereby ordered, On the basis of the a bank holding company located in Mo. (Bank). findings summarized above, that said Jacksonville, Fla., for prior approval by As required by section 3(b) of the Act, application be and hereby is approved: the Board of Governors of the acquisi­ the Board gave written notice of .receipt Provided, That the acquisition so ap­ tion by applicant of 80 percent or more of the application to the Commissioner proved shall not be consummated (a) of the voting shares of Barnett Bank of of Finance of the State of Missouri, and before the 30th calendar day following Orlando, Orlando, Fla., a proposed new requested his views and recommenda­ the date of this order or (b) later than bank. tion. The Commissioner commented that 3 months after the date of this order, Section 3(c) of the Act provides that he viewed the proposal as a progressive unless such period is extended for good the Board shall not approve: step for banking in the area involved. cause by the Board, or by the Federal (1) Any acquisition or merger or con­ Notice of receipt of the application Reserve Bank of Kansas City pursuant solidation under section 3 which would was published in the F ederal R eg ister to delegated authority. result in a monopoly, or which would be on April 3,1970 (35 F.R. 5570), providing By order of the Board of Governors,1 in furtherance of any combination or an opportunity for interested persons to conspiracy to monopolize or to attempt submit comments and views with re­ May 21, 1970. to monopolize the business of banking spect to the proposal. A copy of the ap­ [ s e a l ] K e n n e t h A. K e n y o n , in any part of the United States, or plication was forwarded to the U.S. Deputy Secretary. (2) Any other proposed acquisition or Department of Justice for its considera­ [F.R. Doc. 70-6834; Filed, June 2, 1970; merger or consolidation under section 3 tion. Time for filing comments and views 8:49 a.m.] whose effect in any section of the coun­ has expired and all those received have try may be substantially to lessen com­ been considered by the Board. petition, or to tend to create a monopoly, The Board has considered the applica­ ISABELLA COUNTY STATE BANK or which in any other manner would be tion in the light of the factors set fbrth Order Approving Consolidation of in restraint of trade, unless the Board in section 3(c) of the Act, including the Banks finds that the anticompetitive effects of effect of the proposed acquisition on the proposed transaction are clearly out­ competition, the financial and mana­ In the matter of the application of Isa­ weighed in the public interest by the gerial resources and future prospects of bella County State Bank for approval of probable effect of the transaction in the applicant and the banks concerned, consolidation with Weidman State Bank. meeting the convenience and needs of and the convenience and needs of the There has come before the Board of the community to be served. communities to be served. Upon such Governors, pursuant to the Bank Merg­ Section 3(c) further provides that, in consideration, the Board finds that: er Act (12 U.S.C. 1828(c) ), an application every case, the Board shall take into Applicant, the largest hank holding consideration the financial and mana­ company and the third largest banking gerial resources and future prospects of organization in Missouri, has 13 sub­ 1 Voting for this action: Chairman Burns the company or companies and the and Governors Robertson, Mitchell, Daane, sidiary banks with $727 million in de­ Maisel, Brimmer, and Sherrill. Concurring banks concerned, and the convenience posits, which represent 7.1 percent of the Statement of Governor Brimmer, filed as and needs of the community to be total deposits of all banks in the State. part of the original document, is available served. (All banking data are as of June 30, upon request.

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8617 by Isabella County State Bank, Mount press and newspapers in the same vehicle Pleasant, Mich., a State member bank TARIFF COMMISSION with passengers, over a deviation route of the Federal Reserve System, for the [337-L-39] as follows: Between junction Interstate Board's prior approval of the consolida­ Highway 35 and Interstate Highway tion of that bank and Weidman State SPHYGMOMANOMETERS 35-W, in the city of Denton, Tex., and Bank, Weidman, Mich., under the char­ Fort Worth, Tex., over Interstate High­ ter and title of Isabella County State Extension of Time for Filing Written way 35-W for operating convenience Bank. As an incident to the consolida­ Views only. The notice indicates that the car­ tion, the sole office of Weidman State On April 7, 1970, the U.S. Tariff Com­ rier is presently authorized to transport Bank would become a branch of the re­ mission published notice of the receipt passengers and the same property, over sulting bank. Notice of the proposed con­ of a complaint under section 337 of the a pertinent service route as follows : from solidation, in form approved by the Tariff Act of 1930, filed by W. A. Baum Fort Worth, Tex., over U.S. Highway 377 Board, has been published pursuant to Co., Inc., of Copiague, N.Y., alleging un­ to Denton, Tex., thence over U.S. High­ said Act. fair methods of competition and unfair way 77 via Gainesville, Tex., to Ardmore, Upon consideration of all relevant ma­ acts in the importation and sale of Okla., and return over the same route. terial in the light of the factors set forth sphygmomanometers (35 F.R. 5641). In ­ By the Commission. in said Act, including reports received terested parties were given until June 1, pursuant to the Act on the competitive 1970, to file written views pertinent to [ s e a l ] H . N e il G a r so n , factors involved in the proposed consoli­ the subject matter of a preliminary in­ Secretary. dation, quiry into the allegations of the com­ [F.R. Doc. 70-6847; Filed, June 2, 1970; It is hereby ordered, For the reasons plaint. The Commission has extended 8:51 a.m.] set forth in the Board’s Statement1 of the time for filing written views until the close of business June 8, 1970. this date, that said application be and [Notice 18] hereby is approved: Provided, That said Issued: May 28, 1970. consolidation shall not be consummated MOTOR CARRIER ALTERNATE ROUTE (a) before the 30th calendar day follow­ By order of the Commission. DEVIATION NOTICES ing the date of this order or (b) later [ s e a l ] K e n n e t h R. M a s o n , than 3 months after the date of this or­ Secretary. M a y 28, 1970. der unless such period is extended for The following letter-notices of pro­ good cause by the Board or by the Fed­ [F.R. Doc. 70-6812; Filed, June 2, 1970; 8:48 a.m.] posals to operate over deviation routes eral Reserve Bank of Chicago pursuant for operating convenience only have been to delegated authority. filed with theJCnterstate Commerce Com­ By order of the Board of Governors,2 mission under the Commission’s Revised May 26, 1970. Deviation Rules— Motor Carriers of INTERSTATE COMMERCE Property, 1969 (49 CFR 1042.4(d) (11)) [ seal] K e n n e t h A. K e n y o n , and notice thereof to all interested per­ Deputy Secretary. COMMISSION sons is hereby given as provided in such IFJR. Doc. 70-6835; Filed, June 2, 1970; rules (49 CFR 1042.4(d) (1 1 )). 8:49 a.m.] [Notice 8] Protests against the use of any pro­ MOTOR CARRIER ALTERNATE ROUTE posed deviation route herein described DEVIATION NOTICES may be filed with the Interstate Com­ merce Commission in the manner and RAILROAD RETIREMENT BOARD M a y 28, 1970. form provided in such rules (49 CFR RAILROAD RETIREMENT The following letter-notices of pro­ 1042.4(d) (12)) at any time, but will not SUPPLEMENTAL ANNUITY PROGRAM posals to operate over deviation routes operate to stay commencement of the for operating convenience only have been proposed operations unless filed within Determination of Quarterly Rate of filed with the Interstate Commerce Com­ 30 days from the date of publication. Excise Tax mission under the Commission’s Revised Successively filed letter-notices of the In accordance with directions in sec­ Deviation Rules—Motor Carriers of Pas­ same carrier under the Commission’s Re­ tion 3221 (c) of the Railroad Retirement sengers, 1969 (49 CFR 1042.2(c) (9) ) and vised Deviation Rules— Motor Carriers of Tax Act (26 U.S.C. 3221(c) ) as amended notice thereof to all interested persons Property, 1969, will be numbered con­ by section 5(a) of Public Law 91-215, is hereby given as provided in such rules secutively for convenience in identifica­ the Railroad Retirement Board has de­ (49 CFR 1042.2(c)(9)).* tion and protests, if any, should refer to termined that the excise tax imposed by Protests against the use of any pro­ such letter-notices by number. posed deviation route herein described such section 3221(c) on every employer, M otor C arriers o f P r o p e r t y tnth respect to having individuals in his may be filed with the Interstate Com­ employ, for each man-hour for which merce Commission in the manner and No. MC 35628 (Deviation No. 29), compensation is paid by such employer form provided in such rules (49 CFR INTERSTATE MOTOR FREIGHT SYS­ 1042.2(c)(9)) at any time, but will not TEM, 134 Grandville Avenue SW., Grand for services rendered to him during the operate to stay commencement of the Rapids, Mich. 49502, filed May 19, 1970. Quarter beginning July 1, 1970, shall be proposed operations unless filed within 30 Carrier proposes to operate as a common at the rate of 7 cents. days from the date of publication. carrier, by motor vehicle, of general Dated: May 26, 1970. Successively filed letter-notices of the commodities, with certain exceptions, same carrier under the Commission’s over a deviation route as follows: From By authority of the Board. Revised Deviation Rules— Motor Car­ junction U.S. Highway 20 and New York Highway 78, over New York Highway 78 L a w r e n c e G a r lan d , riers of Property, 1969, will be numbered Secretary of the Board. consecutively for convenience in identi­ to junction New York Highway 33, fication and protests, if any, should thence over New York Highway 33 to [FR. Doc. 70-6838; Filed, June 2, 1970; refer to such letter-notices by number. junction New York Highway 98, thence . _____ 8:50 a.m.] over New York Highway 98 to junction M otor C arriers o f P assengers Interstate Highway 90, thence over In­ Conio 6t* 88 Part °* the original document No. MC 109780 (Deviation No. 31), terstate Highway 90 to junction New of rJr avahable upon request to the Board CONTINENTAL TRAILW AYS, INC., WQsv.Verilors ° f the Federal Reserve System York Highway 96, thence over New York 315 Continental Avenue, Dallas, Tex. ngt°n, D.C. 20551, or to the Federal Highway 96 to junction U.S. Highway B<**>rve of Chicago, 75207, filed April 16, 1970, amended anri for this action: Chairman Burns May 18,1970. Carrier proposes to operate 20, and return over the same route, for MaiJi0^ nors Robertson, Mitchell, Daane as a common carrier, by motor vehicle, operating convenience only. The notice ” Msel» Brimmer, and Sherrill. of passengers and their baggage, and ex­ indicates that the carrier is presently

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8618 NOTICES

authorized to transport the same com­ sentatives: L. C. Major, Jrv and Bruce (1) Between Rutland, Vt., and Albany, modities, over a pertinent service route E. Mitchell, Suite 301, Tavern Square, N.Y., in conjunction with carrier’s reg­ as follows: from the Ohio-Pennsylvania 421 King Street, Alexandria, Va. 22314. ular route operations between Albany, State line, over U.S. Highway 20 to I. Petitioner states that the instant peti­ N.Y., and Burlington, Vt., serving no in­ Boston, Mass., and return over the same tion is a matter directly related to an termediate points and serving Fair route. application of Vermont Transit Co., Inc., Haven, Vt., for purposes of joinder only. No. MC 52110 (Deviation No. 4), filed in Docket No. MC 45626 (Sub-No. (2) Between Middlebury, Vt., and Brid­ BRADY MOTORPRATE, INC., 2150 63). Petitioner further states that Com­ port, V t.,. in connection with carrier’s Grand Avenue, Des Moines, Iowa 50312, mission there granted authority pursu­ regular route operations between Albany, filed May 19, 1970. Carrier proposes to ant to order served April 15,1970, to per­ N.Y., and Burlington, Vt., serving no operate as a common carrier, by motor mit the transportation of passengers and intermediate points and serving Bridport vehicle, of general commodities, with their baggage, and express and news­ for purpose of joinder only. Modifi­ certain exceptions over deviation routes papers in the same vehicle with passen­ cation of the Sub-No. 47 certificate issued as follows: (1) Prom Peru, 111., over U.S. gers, between Rutland, Vt., and the junc­ to Vermont Transit Co. Inc., is requested Highway 51 to Bloomington, 111., thence tion of Interstate Highway 87 and un­ so as to authorize operations for the over Interstate Highway 74 to Indian­ numbered highway near Glens Palls, purpose of joinder (a) at junction of apolis, Ind., and (2) from Indianapolis, N.Y., over a described regular route. II. U.S. Highway 4 and New York Highway Ind., over Interstate Highway 74 to Petitioner states that the authority is­ 149 and (b) at Interchange 18 of Inter­ Cincinnati, Ohio, and return over the sued to Vermont Transit Co., Inc., in state Highway 87. Modification is re­ same routes, for operating convenience Docket No. MC 45626 (Sub-No. 33), au­ quested of the said Sub-No. 47 in terms only. The notice indicates that the car­ thorizes service over the following al­ reached by the Board in oDcket No, MC rier is presently authorized to transport ternate routes for operating convenience 45626 (Sub-No. 63), as follows: Passen­ the same commodities, over pertinent only: (1) Between Vergennes, Vt., and gers and their baggage, and express and service routes as follows: (1) from Des the junction of New York Highways 22 newspapers in thb same vehicle with Moines, Iowa, over U.S. Highway 6 to and 7, at or near Hoosick, N.Y., serving passengers, (1) between Rutland, Vt., Joliet, 111., (2) from Kentland, Ind., no intermediate points. (2) Between and Castleton Corners, Vt., over U.S. over U.S. Highway 24 to Forrest, 111., Middlesbury, Vt., and the junction of Highway 4, (2) between Castleton Cor­ thence over Illinois Highway 47 to New York Highways 22 and 7, at or near ners and Fair Haven, Vt., over U.S. Morris, HI., and (3) from St. Paul, Minn., Hoosick, N.Y., serving no intermediate Highway 4, (3) between Fair Haven, Vt., over Interstate Highway 94 to junction points. Petitioner requests modification and Fort Ann, N.Y., over U.S. Highway U.S. Highway 12, thence over U.S. High­ of Certificate No. MC 45626 (Sub-No. 4, (4) between Fort Ann, N.Y., and the way 12 to junction Interstate Highway 33) principally (a) at the junction of junction of Interstate Highway 87 and 90, thence over Interstate Highway 90 to U.S. Highway 4 and Vermont Highway unnumbered highway near Glens Falls, junction U.S. Highway 41, thence over 30, and (b) at the junction of U.S. N.Y., from Fort Ann over New York High­ U.S. Highway 41 to junction U.S. High­ Highway 4 and Vermont Highway 22A. way 149 to junction U.S. Highway 9, way 52, thence over U.S. Highway 52 to The pertinent Sub-No. 33 certificate thence over U.S. Highway 9 to junction Cincinnati, Ohio, and return over the should be modified in the manner seg­ access roads to Interstate Highway 87, same routes. v mented by the Commission in Docket No. thence over access roads to junction In­ terstate Highway 87, and theiice over By the Commission. MC 45626 (Sub-No. 63), as follows: Passengers and their baggage, and ex­ Interstate Highway 87 to junction un­ [ s e a l] H. N e il G ar so n , press and newspapers in the same vehicle numbered highway near Glens Falls, S e c reta ry . with passengers; (1) between Vergennes, (5) between the junction of Interstate [F.R. Doc. 70-6848; Filed, June 2, 197Q; Vt., and Bridport, Vt., over Vermont Highway 87 and unnumbered highway 8:51 a.m.] Highway 22A, (2) between Bridport, Vt., near Glens Falls, N.Y., and Albany, N.Y„ and the junction of Vermont Highway over Interstate Highway 87, and (6) be­ 22A and U.S. Highway 4, at Fair Haven, tween Middlebury, Vt., and Bridport, Vt., [Notice 50] Vt., over Vermont Highway 22A, (3) over Vermont Highway 125, as alternate MOTOR CARRIER APPLICATIONS AND between the junction of Vermont High­ routes for operating convenience only, serving no intermediate points, and serv­ CERTAIN OTHER PROCEEDINGS way 22A and U.S. Highway 4 at Fair Haven and the junction of New York ing (1) Castleton Corners, (2) Fair May 28,1970. Highways 22 and 7, near Hoosick, N.Y., Haven, (3) Fort Ann, (4) the junction The following publications are gov­ from the junction of Vermont Highway of Interstate Highway 87 and unnum­ erned by the new Special Rule .247 of 22A and U.S. Highway 4 over Vermont bered highway near Glens Falls, N.Y., the Commission’s rules of practice, pub­ Highway 22A to the Vermont-New York and (5)' Bridport, Vt., for the purposes of joinder only. Any interested person lished in the F ederal R e g ister , issue of State line, thence over New York High­ December 3,1963, which became effective way 22A to junction New York Highway desiring to participate may file an origi­ January 1,1964. 22 near Granville, N.Y., and thence over nal and six copies of his written repre-. sentations, views or argument in support The publications hereinafter set forth New York Highway 22 to junction New York Highway 7, (4) between Middle- of, or against the petition within 30 days reflect the scope of the applications as from the date of publication in the filed by applicant, and may include de­ bury, Vt., and the junction of Vermont F ederal R eg iste r . scriptions, restrictions, or limitations Highway 30 and U.S. Highway 4, over which are not in a form acceptable to Vermont Highway 30, and (5) between APPLICATION FOR CERTIFICATE OR PERMIT the Commission. Authority which ulti­ the junction of Vermont Highway 30 WHICH IS TO BE PROCESSED CONCUR­ mately may be granted as a result of and U.S. Highway 4 and the junction of RENTLY WITH APPLICATION UNDER SEC­ U.S. Highway 4 and Vermont Highway the applications here noticed will not- TION 5 GOVERNED BY SPECIAL RULE 240 22A, over U.S. Highway 4, as alternate necessarily reflect the phraseology set TO THE EXTENT APPLICABLE forth in the application as filed, but also routes for operating convenience only, serving no intermediate points, and serv­ No. MC 85130 (Sub-No. 6), filed will eliminate any restrictions which are ing (1) Bridport, Vt., (2) the junction of April 29, 1970. Applicant: BRADLEYS not acceptable to the Commission. Vermont Highway 22A and U.S. Highway EXPRESS, INCORPORATED, 441 Ninth M otor C arriers o f P r o p e r t y 4, and (3) the junction of Vermont High­ Avenue, New York, N.Y. 10001. Apph" want’s representative: A. David Millner, NOTICE OF FILING OF PETITION way 30 and U.S. Highway 4 for the pur­ poses of joinder only. in. Petitioner 744 Broad Street, Newark, N.J. 07102.. Nos. MC 45626 (Sub-No. 33) and MC further states that the certificate issued Authority sought to operate as a com ­ 45626 (Sub-No. 47), (Notice of Filing of to Vermont Transit Co., Inc., in Docket mon carrier, by motor vehicle, over ir­ Petition for Modification of Certificates), No. MC 45626 (Sub-No. 47), authorizes regular routes, transporting: General filed May 6,1970. Petitioner: VERMONT service over two distinct alternate routes commodities (except classes A and B ex­ TR AN SIT CO., INC., 135 St. Paul Street, for operating convenience only, as plosives, household goods as defined by Burlington, Vt. 05401. Petitioner’s repre­ follows: the Commission, commodities in bulk,

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8619 and those requiring special equipment), by CONTINENTAL CONNECTOR COR­ serving the intermediate points of between points in Massachusetts. N o t e : PORATION, 34-63 56th Street, Wood- Waukegan and Chicago, HL; and general Applicant states it intends to tack with side, N.Y. 11377. of control of such rights commodities, as specified above, over its presently held authority at Boston, and property through the purchase. Ap­ irregular routes, between points in that Mass., and points in its commercial zone. plicants’ attorneys and representive: part of Lake County, Ind., north of U.S. This application is a matter directly re­ Axelrod, Goodman, Steiner, & Bazelon, Highway 30, and certain specified points lated to MG-P 10820, published in the 39 South La Salle Street, Chicago, HI. in Hlinois. Vendee is authorized to oper­ Federal R egister, issue of May 6, 1970. 60603, and Francis E. Youssi, Batavia ate as a common carrier in Iowa, Arkan­ If a hearing is deemed necessary, appli­ Professional Building, Batavia, HI. 60510. sas, Indiana, Hlinois, Ohio, Louisiana, cant requests it be held at New York, Operating rights sought to be trans­ Missouri, Mississippi, Tennessee, Okla­ N.Y., or Boston, Mass. ferred: General commodities, excepting, homa, Kansas, Wisconsin, and Texas. among others, classes A and B explosives, Application has not been filed for tem­ A pplications U nd e r S e c t io n s 5 an d household goods and commodities in porary authority under section 210a(b). 210a(b) bulk, as a common carrier, over regular No. MC-F-10843. Authority sought for The following applications are gov­ routes between Batavia, HI., and Chicago, control and merger by FLEET CARRIER erned by the Interstate Commerce Com­ HI., serving all intermediate points, with CORPORATION, 586 South Boulevard mission’s special rules governing notice restriction. Vendee is authorized to East, Pontiac, Mich. 48053, of the operat­ of filing of applications by motor car­ operate as a common carrier in Hlinois ing rights and property of TRUCKAWAY riers of property or passengers under and Iowa. Application has been filed for CORPORATION, 355 South Sanford sections 5(a) and 210a(b) of the Inter­ temporary authority under section 210a Street, Post Office Box 568, Pontiac, Mich. state Commerce Act and certain other (b). N o t e : N o. MC-52752 Sub-20 is a 48056, and for acquisition by NOVO proceedings with respect thereto (49 CFR matter directly related. CORPORATION, 733 Third Avenue, New 1.240). No. MC-F-10841. Authority sought for York, N.Y. 10017, of control of such purchase by SOUTHWESTERN MOTOR rights and property through the trans­ MOTOR CARRIERS OP PROPERTY TRANSPORT, INC., Post Office Box action. Applicants’ attorneys: Walter N. No. MC-F-10817 (Correction) 9186, Sail Antonio, Tex. 78204, of the Bieneman, Suite 1700, 1 Woodward Ave­ (SCHNEIDER TRANSPORT & STOR­ operating rights of ALMA A. BASSE nue, Detroit, Mich. 48226, and David A. AGE, INC. (WIS. CORP.)—Merger—• HERBORT, doing business as BASSE Sutherland, Suite 1100, 1140 Connecticut SCHNEIDER TRANSPORT & STOR­ EXPRESS, 315 East Main, Fredericks­ Avenue NW „ Washington, D.C. 20036. AGE, INC. (IND. CORP.), published in burg, Tex., and for acquisition by RO Y Operating rights sought to be controlled the May 6, 1970, issue of the F ederal J. GILBERT, also of San Antonio, Tex., and merged: Commercial automotive R egister, on page 7161. This notice to of control of such rights through the vehicles, new trucks, new buses, new show the correct reading of this route- purchase. Applicants’ attorneys: Ewell trailers, and new chassis, in initial move­ description in lieu of the prior notice: H. Muse, Jr., 415 Perry Brooks Building, ments, in driveawajf service; new bodies Glass containers, and glass container Austin, Tex. 78701, and Mert Starnes, and new cabs; and parts of the above- caps, from Muncie, Ind., to Kansas City, 904 Lavaca Building, Austin, Tex. 78701, specified commodities, as a common car­ Kans., Omaha, Nebr., points in Wiscon­ Operating rights sought to be trans­ rier, over irregular routes, from places sin (with exceptions), those in Missouri ferred: General commodities, excepting, of manufacture and assembly in Pon­ on and north of U.S. Highway 50, and among others, high explosives, household tiac, Mich., to points in the United States those in Iowa, from Hillsboro, HI., to goods and commodities in bulk, as a (except those in Maine, Alaska, Hawaii, Kansas City, Kans., Omaha, Nebr., common carrier, over regular routes, Oregon, and Washington); passengers, % points in Hlinois and Iowa, those in that between San Antonio, Tex., and Fred­ who are at the time representatives of part of Wisconsin as above, and those in ericksburg, Tex., serving all intermediate manufacturers or purchasers of new Missouri on and north of U.S. Highway points; general commodities, except buses, and who have been designated by 50, from Hillsboro, HI., to points in Lake classes A and B explosives, between their principals to accompany such County, Ind., moving through Cook or Fredericksburg, Tex., and Harper, Tex., buses during the transportation thereof, Will Counties, HI. serving no intermediate points; and in initial movements, in driveaway serv­ No. MC-F-10839. Authority sought for under a certificate of registration, in No. ice, and the baggage of such representa­ purchase by RAU CARTAGE, INC., 1107 MC-76171 Sub-3, covering the transpor­ tives, in special operations, from Pontiac, East Noble Avenue, Monroe, Mich. 48161, tation of commodities generally, as a Mich., to points in the United States (ex­ of a portion of the operating rights of common carrier, in interstate commerce, cept those in Maine, Oregon, Washing­ ALFRED BERGMAN and LOIS BERG­ within the State of Texas. Vendee is ton, Alaska, and H aw aii); new chassis, MAN, doing business as A & A BERG­ authorized to operate as a common car­ in initial movements, in driveaway serv­ MAN, 7375 Nitz Street, Pigeon, Mich. rier in Texas, and under a certificate of ice; new bodies; and parts of the above- 48755, and for acquisition by H ARRY W. registration, within the State of Texas. specified commodities, from Flint, Mich., RAU, OLLIEBELLE RAU, JAMES E. Application has not been filed for tem­ to points in the United States (except RAU, and ROBERT E. BISHOP, all also porary authority under section 210a(b). those in Maine, Oregon, Washington, of Monroe, Mich., of control of such No. MC-F-10842. Authority sought Alaska, and H aw aii); commercial auto­ rights through the purchase. Applicants’ for purchase by ARKANSAS-BEST motive vehicles, trucks, buses, trailers, attorney: William B. Elmer, 22644 FREIGHT SYSTEM, INC., 301 South and chassis, new, used, and unfinished, Gratiot Avenue, East Detroit, Mich. 11th Street, Fort Smith, Ark. 72901, of in secondary movements, in driveaway 48021. Operating rights sought to be the operating rights of KREMA TRUCK­ service; bodies and cabs, new, used, and transferred: Fertilizer, as a contract IN G COMPANY, 1735 North Larrabee, unfinished, between points in the United carrier, over irregular routes, from Lock- Chicago, 111. 60614, and for acquisition States (except those in Maine, Oregon, land and Columbus, Ohio, to points in by ARKANSAS BEST CORPORATION, Washington, Alaska, and H aw aii); that part of Michigan on and south of also of Fort Smith, Ark., of control of Trucks, truck tractors, buses, chassis, Michigan Highway 55. Vendee is author­ such rights through the purchase. Appli­ and vehicles designed to be used alterna­ ized to operate as a contract carrier in cants’ attorneys: Axelrod, Goodman, tively for the transportation of passen­ Michigan, and Ohio. Application has not Steiner, & Bazelon, 39 South La Salle gers or property; (a ) in initial move­ oeen filed for temporary authority under Street, Chicago, 111. 60603, Eugene L. ments, in driveaway service, from the section 210a(b). Cohn, 1 North La Salle Street, Chicago, sites of plants of the General Motors No. MC-F-10840. Authority sought for 111. 60602, and Thomas Harper, Post Corp. (GMC Truck and Coach Division) Purchase by WESTERN TRANSPORTA­ Office Box 43, Fort Smith, Ark. 72901. in Pontiac, Mich., to points in Maine, TION COMPANY, 1300 West 35th Street, Operating rights sought to be trans­ Oregon, and Washington; (b) in second­ hicag°i xu. 60609, of the operating ferred: General commodities, excepting, ary movements, in driveaway service, o l i ? and Pr°Perty of NORMAN Mc- among others, dangerous explosives, from points in Maine, Oregon, and Wash­ doing business as BOWRON household goods, and commodities in ington, to the sites of plants of the Gen­ m o t o r SERVICE, 446 East Wilson bulk, as a common carrier, over regular eral Motors Corp. (GMC Truck and treet, Batavia, HI., and for acquisition routes, between Zion, HI., and Gary, Ind., Coach Division) in Pontiac, Mich.; (c)

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8620 NOTICES in initial movements, in truckaway serv­ TANK LINES, INC., 520 East Lancaster route operations between St. Louis and ice, from the sites of plants of the Gen­ Avenue, Downingtown, Pa. 19335, and Kansas City, Mo.; (1) from Centralia, eral Motors Corp. (GMC Truck and for acquisition by A. L. FELTS, Galax, Mo., over Missouri Highway 22 to its Coach Division) in Pontiac, Mioh., to Va. 24333, of control of such rights junction with UJ3. Highway 63; thence points in the United States (except through the purchase. Applicant’s attor­ over U.S. Highway 63 to its junction with Alaska and H aw aii); (d) in secondary neys: Harold G. Hernly, 711 14th Street Interstate 70; thence over Interstate 70 movements, in truckaway service, from NW., Washington, D.C. 20005 and Leon­ to Kansas City, Mo., and return over the points in the United States (except ard A. Jaskiewicz, 1730 M Street NW., same route; (2) from Centralia, Mo., over Alaska and Hawaii), to plants' of the Washington, D.C. 20036. Operating rights Missouri Highway 22 to its junction with General Motors Corp. (GMC Truck and sought to be transferred: Petroleum and U.S. Highway 54; thence over U.S. High­ Coach Division) in Pontiac, Mich.; cabs, petroleum products, in bulk, in tank ve­ way 54 to its junction with Interstate and bodies, between the sites of plants hicles, as a common carrier over irregu­ 70; thence over Interstate 70 to St. Louis, of the General Motors Corp. (GMC lar routes from Friendship, N.C., to cer­ Mo., and return over the same route, for Truck and Coach Division) in Pontiac, tain points in Virginia; and petroleum 150 days. N o t e : Applicant intends to Mich., on the one hand, and, on the and “petroleum products, as described in tack with MC 6616 and subs 1, 2, 4, 5, other, points in the United States (ex­ appendix X IH to the report in Descrip­ 6, and 9. Supporting shipper: A. B. cept Alaska and H aw aii); passengers, tions in Motor Carrier Certificated, 61 Chance Co., Utility Systems Division, 210 who are at the time representatives of M.C.C. 209, in bulk, in tank vehicles, North Allen Street,.Centralia, Mo. 65240. manufacturers or purchasers of new from Thrift and Salisbury, N.C., to cer­ Send protests to: J. P. Werthmann, Dis­ buses, and who have been designated by tain specified points in Virginia. Vendee trict Supervisor, Interstate Commerce their principals to accompany such buses is authorized to operate as a common Commission, Bureau of Operations, Room during the transportation thereof, in carrier in North Carolina, West Virginia, 3248, 1520 Market Street, St. Louis, Mo. initial movements, in driveaway service, and Virginia. Application has not been 63103. and the baggage of such representatives, filed for temporary authority under sec­ No. MC 107295 (Sub-No. 386 T A ), filed in special operations, from the sites of tion 210a(b). May 21, 1970. Applicant: PRE-FAB TRANSIT CO., 100 South Main, Farmer plants of the General Motors Corp. (GMC By the Commission. Truck and Coach Division) in Pontiac, City, 111., 61842. Authority sought to Mich., to points in Maine, Oregon, and [ s e a l ] H . N e il G a r so n , operate as a common carrier, by motor Washington; and trailers, other than Secretary. vehicle, over irregular routes, transport­ those designated to be drawn by passen­ [F.R. Doc. 70-6849; Filed, June 2, 1970; ing: Particleboard, from Silsbee, Tex., to ger automobiles, in initial movements, in 8:51 a.m.] Addison, Double Springs, Winfield, and truckaway service, from Rose City, Mich., Tuscumbia, Ala.; West Memphis, Ma­ to points in the United States (except nilla, Earle, Jacksonville, and Hazem Alaska and Hawaii). FLEET CARRIER {Notice 87] Ark.; Shreveport, Transylvania, and CORPORATION is authorized to operate MOTOR CARRIER TEMPORARY Clinton, La.; Noel; Mo.; and Memphis, as a common carrier in all points in the Tenn., for 180 days. Supporting shipper: United States (except Alaska and AUTHORITY APPLICATIONS Evans Products Co., Post Office Box 997, Hawaii). Application has been filed for M a y 27,1970. Spurger Highway, Silsbee, Tex. 77656. temporary authority under section The following are notices of filing of Send protests to:'Harold Jolliff, District 210a(b). applications for temporary authority un­ Supervisor, Interstate Commerce Com­ No. MC-F-10844. Authority sought for der section 210a(a) of the Interstate mission, Bureau of Operations, Room purchase by ROCKY-FORD MOVING Commerce Act provided for under the 476, 325 West Adams Street, Springfield, VANS INC., 510 South Big Springs, Mid­ new rules of Ex Parte No. MC-67 (49 111. 62704. No. MC 114004 (Sub-No. 87 T A ), filed land, Tex. 79701, of the operating rights CFR Part 1131) published in the F ederal May 22, 1970. Applicant: CHANDLER and property of CONTINENTAL CAR­ R eg ist e r , issue of April 27, 1965, effec­ RIERS, INC., 357 Foundry Street NW., tive July 1,1965. These rules provide that TRAILER CONVOY, INC., 8828 New Atlanta, Ga. 30313, and for acquisition by protests to the granting of an applica­ Benton Highway, Little Rock, Ark. 72209. ANNIE D. FORD, HOWARD D. FORD, tion must be filed with the field official Authority sought to operate as a common ca rrier, by motor vehicle, over irregular and LUCILLE FORD KERTH, all of Post named in thé F ederal R eg ister publica­ Office Box 11, Midland, Tex., of control tion, within 15 calendar days after the routes, transporting:. Fiberglass cattle of such rights and property through the date of notice of the filing of the appli­ fee d ers, hauled uncrated, from the plant- site of Wonder State Trailer Co., at Jack­ purchase. Applicants’ attorney and rep­ cation is published in the F ederal R eg ­ resentative : Robert J. Gallagher, Suite ist e r . One copy of such protests must sonville, Ark., to points in Alhbama, Ar­ 3020, Empire State Building, New York, be served on the applicant, or its au­ kansas, Colorado, Florida, Georgia, N.Y. 10001, and H. S. Harris, Jr., Post thorized representative, if any, and the Kansas, Louisiana, Mississippi, Missouri, Office Box 74, Midland, Tex. 79701. Op­ protests must certify that such service New Mexico, Oklahoma, and Texas, for erating rights sought to be transferred: has been made. The protests must be 180 days. Supporting shipper: Wonder Household goods, as a common carrier, specific as to the service which such State Trailer Co., 2300 Redmond Road, over irregular routes, between points in protestant can and will offer, and must Post Office 275, Jacksonville, Ark. 72076. Georgia, Florida, North Carolina, South consist of a signed original and six Send protests to: .District Supervisor Carolina, Virginia, Maryland, Delaware, copies. William H, Land, Jr., Interstate Com­ Pennsylvania, New Jersey, New York, merce Commission, Bureau of Opera­ A copy of the application is on file, and tions, 2519 Federal Office Building, 700 Connecticut, Massachusetts, Michigan, can be examined at the Office of the Sec­ West Capitol, Little Rock, Ark. 72201. Ohio, Indiana, Illinois, Kentucky, Ten­ retary, Interstate Commerce Commis­ No. MC 116004 (Sub-No. 23 T A ), filed nessee, Alabama, Mississippi, Wisconsin, sion, Washington, D.C., and also in field May 21,1970. Applicant: TEXAS-OKLA­ Minnesota, Missouri, Kansas, Arkansas, office to which protests are to be Lousiana, Texas, and the District of Co­ transmitted. HOMA EXPRESS, INC., 2222 East lumbia. Vendee is authorized to operate Grauwyler Road, Irving, Tex. 75060. as a common carrier in Texas, Califor­ M otor C arriers o f P r o pe r t y Applicant’s representative : Vernon nia, Colorado, Kansas, Louisiana, New No. MC 6616 (Sub-No. 13 T A ), filed Crenshaw (same address as above). Mexico, Oklahoma, Arizona, Arkansas, May 21,1970. Applicant: TOEDEBUSCH Authority sought to operate as a com ­ and Missouri. Application has been filed TRANSFER, INC., Room 296, Arcade mon carrier, by motor vehicle, over regu­ for temporary authority under section Building, Box 135.4, ZIP 63188, St. Louis, lar routes, transporting: General com­ 210a(b). Mo. 63101. Authority sought to operàte m o d itie s (except those of unusual value, classes A and B explosives, household No. MC-F-10845. Authority sought for at a common carrier, by motor vehicle, purchase by FELTS TRANSPORT COR­ goods as defined by the Commission, over regular routes, transporting: Gen­ commodities in bulk, and those requir­ PORATION, Post Office Box 138, Mont- eral commodities (usual exceptions), ing special equipment), between Houston, vale, Va. 24122, of a portion of the op­ serving Centralia, Mo., as an off-route Tex., and points in its commercial zone erating rights of CHEMICAL LEAMAN point in connection with its regular on the one hand, and, on the other,

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8621

Dallas, Tex., and points in its commercial L. Annett, District Supervisor, Interstate tor). Send protests to: District Super­ zone as follows: From Houston over U.S. Commerce Commission, Bureau of Oper­ visor John C. Redus, Bureau of Opera­ Highway 75 (Interstate Highway 40) to ations, 677 Federal Building, Des Moines, tions, Interstate Commerce Commission, Dallas and return over the same route Iowa 50309. Post Office Box 61212, Houston, Tex. serving Dallas as a point of joinder only No. MC 129665 (Sub-No. 2 T A ), filed 77061. and serving no intermediate points May 22, 1970. Applicant: CITY BEV­ No. MC 134381 TA (Clarification), between Houston'and Dallas, for 180 ERAGES, INC., 725 Saar Street, Kent, filed March 6, 1970, published F ederal days. N o t e : Applicant proposes to tack Wash. 98031. Applicant’s representative: R e g ist e r , issue of March 18, 1970, and or join the authority here sought with F. M. Basel (same address as above). republished as clarified this issue. Appli­ its existing authority to provide a Authority sought to operate as a common cant: W. W. HAIR, doing business as through single line service between carrier, by motor vehicle, over irregular JIM M Y’S AUTO STORAGE, 603 South Houston and points in the Houston com­ routes, transporting: Food product con­ Utah, Roswell, N. Mex. 88201. Applicant’s mercial zone on the one hand, and, on diments and supplies, from points in representative: John F. Quinn, Post O f­ the other, points in Oklahoma, Kansas, California to Seattle, Wash., for 180 fice Drawer A, Santa Fe, N. Mex. 87501. and Missouri which applicant is pres­ days. Supporting shipper: Cudahy Co., Authority sought to operate as a common ently authorized to serve. Supporting 2203 Airport Way South, Post Office Box carrier, by jnotor vehicle, over irregular shippers: There are approximately (89) 3545, Seattle, Wash. 98124. Send protests routes, transporting: Disabled vehicles, statements of support attached to the to: E. J. Casey, District Supervisor, In ­ between points in an area in New Mex­ application, which may be examined terstate Commerce Commission, Bureau ico and Texas as follows: In Texas on here at the Interstate Commerce Com­ of Operations, 6130 Arcade Building, and north of U.S. Highway 80 to the in­ mission in Washington, D.C., or copies Seattle, Wash. 98101. tersection of U.S. Highway 80 and U.S. thereof which may be examined at the No. MC 133064 (Sub-No. 1 T A ), filed Highway 87, thence along U.S. Highway field office named below. Send protests 87 to junction U.S. Highway 87, and In ­ to: E. K. Willis, Jr., District Super­ May 22, 1970. Applicant: BATEY MOV­ ING & STORAGE COMPANY, INC., 421 terstate Highway 66, thence along Inter­ visor, Interstate Commerce Commission, state Highway 66 to the Texas-New Bureau of Operations, 513 Thomas Allied Drive, Nashville, Tenn. 37211. Ap­ plicant’s representative: W. N. Batey Mexico State line, and those points in Building, 1314 Wood Street, Dallas, Tex. New Mexico on and south of Interstate 75202. (same address as above). Authority sought to operate as a common carrier, Highway 66, for 180 days. N o t e : Appli­ No. MC 118130 (Sub-No. 63 TA), filed by motor vehicle, over irregular routes, cant intends to interline with carrier in May 22, 1970. Applicant: BEN HAM- transporting: Restaurant equipment and MC 3785. The purpose of this republica­ RICK, INC., 2000 Chelsea Drive West, supplies, from Nashville, Tenn., to points tion is to clarify the territory proposed Port Worth, Tex. 76134. Applicant’s rep­ in the Continental United States, except to be served. Supporting shippers: There resentative: Hugh T. Mathews, 630 Alaska and Hawaii, with rejected or re­ are approximately 10 statements of sup­ Fidelity Union Tower, Dallas, Tex. 75201. turned shipments only on return, for port attached to the application, which Authority sought to operate as a com­ 180 days. Supporting shipper: Eddy Ar­ may be examined here at the Interstate mon carrier, by motor vehicle, over nold’s Tennessee Fried Chicken, Inc., Commerce Commission, in Washington, irregular routes, transporting: Meat, D.C., or copies thereof which may be meat products and meat "byproducts, 536 Expressway Park Drive, Nashville, Tenn. 37210. Send protests to: Joe J. examined at the field office named below. ironi points in Lubbock County, Tex., to Send protests to: William R. Murdoch, Points in North Carolina, South Carolina, Tate, District Supervisor, Interstate Commerce Commission, Bureau of Oper­ District Supervisor, Interstate Commerce rionda, Georgia, and Alabama, for 150 Commission, 10515 Federal Building, aays. Supporting shipper: Texas Meat ations, 803 1808 West End Building, Nashville, Tenn. 37203. U.S. Courthouse, Albuquerque, N. Mex. Packers, Inc., Post Office Box 6724, Lub­ 87101. bock, Tex. 79413. Send protests to: Billy No. MC 133966 (Sub-No. 5 T A ), filed May 22, 1970. Applicant: NORTH EAST No. MC 134422 (Sub-No. 1 T A ) (Cor­ «• Reid, District Supervisor, Interstate rection), filed April 22, 1970, published ^ommerce Commission, Bureau of Oper- EXPRESS, INC., Post Office Box 1303, F ederal R e g ister , issue of May 1, 1970, t w 38’ „ ? A27 Federal Building, 819 Wilkes-Barre, Pa. 18703. Applicant’s rep­ resentative: Kenneth R. Davis, 999 under No. MC 134525 TA, and repub­ laylor Street, Fort Worth, Tex. 76102. lished as corrected this issue. Applicant: No. MC 123061 (Sub-No. 54 TA), filed Union Street, Taylor, Pa. 18517. Au­ thority sought to operate as a common W INGARD & COKER, INC., Post Office S o tS to1970, Applicant: LEATHAM Box 121, Turbeville, S.C. 29162. Appli­ O T H E R S , INC., 46 Orange Street, carrier, by motor vehicle, over irregular routes, transporting: Ladders and scaf­ cant’s representative: J. D. Wingard SmrJf?6 City’ utah 84104. Authority (same address as above). Authority 0 ope?'ate as a common carrier, folding, wooden and metal, from Newark Valley, N.Y., to Philadelphia, Pittsburgh, sought to operate as a common carrier, vehicle* °ver irregular routes, by motor vehicle, over irregular routes, Lumber and lumbermill and Uniontown, Pa.; Baltimore, Md., and Newark and Paterson, N.J., for 150 transporting: Fertilizer, in bags, bulk, U t « w S’ from points in Cache County, days. Supporting shipper: Chesebro- and dump trailers, from Acme-Riegel- Cninro!? polnts in Idaho, Wyoming, and Whitman Manufacturing Co., Newark wood, N.C., to points in Florence, Claren­ S ^ d0- for 180 days. Supporting don, and Sumter Counties, S.C., for 150 Valley, N.Y. 13811. Send protests to: LoMn m Bnriaii0Te feed in9redients, from land, Oreg. 97217. Applicant’s represent­ Minne«?ntfe’ I °Jva’ to points in Illinois, with existing authority. Supporting ative: Seymour L. Coblens, 510 Corbett days S ’ and South Dakota> ^ r 180 shipper: Evans Products Co., Particle­ Building, Portland, Oreg. 97204. Author­ bormt pporfmg shipper: Calcium Car- board Division, Post Office Box 997, ity sought to operate as a common car­ Quw? S " Front and Eighth Streets, Spurger Highway, Silsbee, Tex. 77656 rier, by motor vehicle, over irregular y. m. 62301. Send protests to: Ellis (Charles R. McKinley, Sales Coordina­ routes, transporting: Bananas, from Los

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3. 1970 8622 NOTICES

Angeles, Long Beach, and San Diego, Suite 1301,1500 Walnut Street, Philadel­ tion 17(8) of the Interstate Commerce Calif., and Seattle, Wash., to ports of phia, Pa. 19102, and Harry J. J. Bellwoar Act, the filing of such a petition will entry on the United States-Canadian III, 2901-04 PSFS Building, 12 South postpone the effective date of the order international boundary at or near Blaine 12th Street, Philadelphia, Pa. 19107, at­ in that proceeding pending its disposi­ and Oroville, Wash., and Sweetgrass, torneys for applicants. tion. The matters relied upon by peti­ Mont., for 180 days. Supporting shipper: No. MC-FC-72150. By order of May 26, tioners must be specified in their Slade & Stewart Ltd., 454 Prior Street, 1970, the Motor Carrier Board approved petitions with particularity. Vancouver 4, British Columbia, Canada. the transfer to Richard J. Pinkelman, No. MC-FC-71649. By order of May 25, Send protests to: District Supervisor, Wynot, Nebr. 68792, of the operating 1970, Division 3, acting as an Appellate W. J. Huetig, Interstate Commerce Com­ rights in certificate No. MC-60994 is­ Division, approved the transfer to Zim­ mission, Bureau of Operations, 450 sued November 19, 1963, to Edmund J. merman Moving & Storage Co., a cor­ Multnomah Building, 120 Southwest Pinkelman, Wynot, Nebr. 68792, author­ poration, Chambersburg, Pa., of a por­ Fourth Avenue, Portland, Oreg. 97204. izing the transportation of general com­ tion of the operating rights in certificate No. MC 134627 TA, filed May 22, 1970. modities, with the usual exceptions, be­ No. MC-112582 and all of the operating Applicant: WOODWARD TRUCKING tween Newcastle, Nebr., and Sioux City, rights in certificate No. MC-112582 (Sub- CO., 717 Market Street, San Francisco, Iowa, serving the intermediate and off- No. 2) issued February 26, 1951, and Calif. 94103. Applicant’s representative: route points within 15 miles of New­ September 14,1951, respectively, to T. M. Marvin J. Colangelo, 660 Market Street, castle, Nebr., and tractors and agricul­ Zimmerman Co., a corporation, Cham­ San Francisco, Calif. Authority sought tural implements, between Omaha, Nebr., bersburg, Pa., authorizing the transpor­ to operate as a contract carrier, by motor and Newcastle, Nebr., serving no inter­ tation of household goods as defined by vehicle, over irregular routes, transport­ mediate points. the Commission, between points in ing: General commodities, in containers, No. MC-FC-72161. By order of May 26, Franklin County, Pa., on the one hand, from Pier 80, San Francisco, Calif., to 1970, the Motor Carrier Board approved and, on the other, points in New York, Stockton, Calif., and from Stockton, the transfer to Interstate Heavy Haul­ New Jersey, Maryland, Ohio, West Vir­ Calif., to Pier 80, San Francisco, Calif., ing, Inc., Portland, Oreg., of the operat­ ginia, Virginia, Delaware, and the Dis­ for 180’days. Supporting shipper: Ameri­ ing rights in certificates Nos. MC-89084 trict of Columbia, and such commodities can President Lines, International Build­ and MC-89084 (Sub-No. 2) issued Feb­ as are dealt in by mail order houses ing, 601 California Street, San Francisco, ruary 23, 1950, and April 26, 1949, re­ which operate retail stores, from Cham­ Calif. 94108. Send protests to: Claud W. spectively, to R. A. Heintz, Jr., and Adam bersburg, Pa., to points in Maryland and Reeves, District Supervisor, Interstate Ace Heintz, a partnership, doing busi­ West Virginia within 40 miles of Cham­ Commerce Commission, Bureau of Oper­ ness as Interstate Heavy Hauling Co., bersburg, Pa. John M. Musselman, 400 ations, 450 Golden Gate Avenue, Box Portland, Oreg., authorizing the trans­ North Third Street, Harrisburg, Pa. 36004, San Francisco, Calif. 94102. portation of lumber, from points in Clark 17108, attorney for applicants. By the^ Commission. and Cowlitz Counties, Wash., to points [ seal] H. N eil G arson, in Multnomah County, Oreg., and from Secretary. [ seal] H. N eil G arson, points in Yamhill County, Oreg., to Secretary. points in Clark County, Wash.; con­ [F.R. Doc. 70-6852; Filed, June 2, 1970; 8:51 a.m.] [F.R. Doc. 70-6850; Filed, June 2, 1970; tractors’ equipment and heavy machin­ 8:51 a.m.] ery, between points in Multnomah Coun­ ty, Oreg., on the one hand, and, on the [S.O. 1002; Car Distribution Direction 84, other, points in Washington, and com­ Arndt. 3] [Notice 543] modities, the transportation of which re­ MOTOR CARRIER TRANSFER quires the use of special equipment, and BALTIMORE AND OHIO RAILROAD PROCEEDINGS related machinery parts and related con­ CO. AND BURLINGTON NORTHERN, tractors’ materials and supplies, from INC. M a y 28,1970. points in Oregon to points in Washing­ Car Distribution Synopses of orders entered pursuant ton on and west of U.S. Highway 97, and to section 212(b) of the Interstate Com­ from points in Washington on and west Upon further consideration of Car Dis- merce Act, and rules and regulations pre­ of U.S. Highway 97, except points in frihnfinrt TVir/ipfinn N o 84. and £00u scribed thereunder (49 CFR Part 1132), King and Pierce Counties, to all points cause appearing therefor: appear below: in Oregon; Lawrence V. Smart, Jr., 419 I t is ordered, That: As provided in the Commission’s spe­ Northwest 23d Avenue, Portland, Oreg. Car Distribution Direction No. 84 be, cial rules of practice any interested per­ 97210, and Robert G. Simpson, Standard and it is hereby, amended by substitut­ son may file a petition seeking recon­ Plaza Building, 1100 Southwest Sixth ing the following paragraph (4) for sideration of the following numbered Avenue, Portland, Oreg. 97204, attorneys paragraph (4) thereof: proceedings within 20 days from the date for applicants. (4) Expiration date: This direction of publication of this notice. Pursuant [ seal] H. N eil G arson, shall expire at 11:59 p.m., June 21, 19' > to section 17(8) of the Interstate Com­ Secretary. unless otherwise modified, changed, o merce Act, the filing of such a petition suspended. will postpone the effective date of the [F.R. Doc. 70-6851; Filed, June 2, 1970; 8:51 a.m.] I t is further ordered, That this amend­ order in that proceeding pending its dis­ ment shall become effective at 11 • position. The matters relied upon by pe- [Notice 543A] p.m., May 31, 1970, and that it shall tioners must be specified in their peti­ served upon the Association of America tions with particularity. MOTOR CARRIER TRANSFER Railroads, Car Service Division, a^s age No. MC-FC-71993. By order of May 22, PROCEEDINGS of all railroads subscribing to the 1970, the Motor Carrier Board, on re­ service and per diem agreement una M a y 28, 1970. consideration, approved the transfer to the terms of that agreement; and tna Borisko Brothers, Inc., Philadelphia, Pa., Synopses of orders entered pursuant be filed with the Director, Office oi of the operating rights in certificate No. to section 212(b) of the Interstate Com­ Federal Register. merce Act, and rules and regulations MC-113394 issued May 16, 1952, to Dan­ Issued at Washington, D.C., May 26, iel M. Louderback, doing business as Dan prescribed thereunder (49 CFR Part 1132), appear below: 1970. . Louderback Moving & Storage Co., Phil­ Interstate Commerce As provided in the Commission’s gen­ adelphia, Pa., authorizing the transpor­ Commission, tation of household goods, as defined by eral rules of practice any interested per­ [SEAL] R. D. P fahler, the Commission, between Philadelphia, son may file a petition seeking reconsid­ Agent. Pa., on the one hand, and, on the other, eration of the following numbered points in New York, New Jersey, and proceedings within 30 days from the date [F.R. Doc. 70-6856; Filed, June 2, 1970, Maryland. Raymond A. Thistle, Jr., of service of the order. Pursuant to sec­ 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 NOTICES 8623

[S.O. 1002; Car Distribution Direction 85, [Q.O. 1002; Car Distribution Direction 88] D.C., and by filing it with the Director, Arndt. 1] SEABOARD COAST LINE RAILROAD Office of the Federal Register. KANSAS CITY SOUTHERN RAILWAY CO. ET AL. Issued at Washington, D.C., May 26, CO. AND BURLINGTON NORTHERN, 1970. INC. Car Distribution I nterstate C ommerce Car Distribution Pursuant to section 1 (15) and (17) of C o m m is s io n , the Interstate Commerce Act and au­ [ seal] R. D. P fahler, Upon further consideration of Car Dis­ thority vested in me by Interstate Com­ Agent. tribution Direction No. 85, and good merce Commission Service Order [F.R. Doc. 70-6858; Filed, June 2, 1970; cause appearing therefor: No. 1002: 8:51 a.m.] It is ordered, That: I t is ordered, That: Car Distribution Direction No. 85 be, (1) Each common carrier by railroad and it is hereby, amended by substitut­ subject to the Interstate Commerce Act [S.O. 1002; Car Distribution Direction 79, ing the following paragraph (4) for shall comply with the following dis­ Amdt. 7] paragraph (4) thereof: tribution directions: SOUTHERN PACIFIC CO. AND (4) Expiration date: This direction (a) The Seaboard Coast Line Railroad BURLINGTON NORTHERN, INC. shall expire at 11:59 p.m., June 21, 1970, Co. shall deliver to the Louisville and unless otherwise modified, changed, or Nashville Railroad Co. a weekly total of Car Distribution suspended. 175 empty plain serviceable boxcars with It is further ordered, That this amend­ inside length less than 44 feet 8 inches Upon further consideration of Car ment shall become effective at 11:59 p.m., and doors less than 8 feet wide. Ex­ Distribution Direction No. 79, and good cause appearing therefor: May 31; 1970, and that it shall be served ceptions: Canadian ownerships. I t is ordered, That: upon the Association of American Rail­ (b) The Louisville and Nashville Rail­ roads, Car Service Division, as agent of road shall deliver to the Missouri- Car Distribution Direction No. 79 be, and it is hereby, amended by substitut­ all railroads subscribing to the car serv­ Kansas-Texas Railroad Co. a weekly ing the following paragraph (4) for para­ ice and per diem agreement under the total of 175 empty plain serviceable box­ graph (4) thereof: terms of that agreement; and that it be cars with inside length less than 44 feet (4) Expiration date: This direction filed with the Director, Office of the 8 inches and doors less than 8 feet wide. Federal Register. Exceptions: Canadian ownerships. shall expire at 11:59 p.m., June 21, 1970, I t is further ordered, That the rate of unless otherwise modified, changed, or Issued at Washington, D.C., May 26, suspended. 1970; delivery specified in this direction shall be maintained within weekly periods I t is further ordered, That this amend­ I nterstate C ommerce ending each Sunday at 11:59 p.m., so ment shall become effective at 11:59 p.m., C o m m issio n , that at the end of each 7 days the full May 31, 1970, and that it shall be served upon the Association of American Rail­ [ seal! R. d . P fahler, delivery required for that period shall Agent. have been made. roads, Car Service Division, as agent of all railroads subscribing to the car serv­ [F.R. Doc. 70-6857; Filed, June 2, 1970; I t is further ordered, That cars ap­ 8:51 a.m.] plied under this direction shall be so ice and per diem agreement under the identified on empty cars cards, move­ terms of that agreement; and that it be filed with the Director, Office of the Fed­ [S.O. 1002; Car Distribution Direction 67, ment slips, and interchange records as eral Register. Amdt. 11] moving under the provisions of this PENN CENTRAL CO. AND direction. Issued at Washington, D.C., May 26, (c) The carriers delivering the empty 1970. BURLINGTON NORTHERN, INC. boxcars as described above must advise I nterstate C ommerce Car Distribution Agent R. D. Pfahler on or before each C o m m is s io n , Wednesday as to the number of cars, [ seal] R. D. P fahler, Upon further consideration of Car covered by this direction, delivered dur­ Agent. Distribution Direction No. 67, and good ing the preceding week, ending each cause appearing therefor: [F.R. Doc. 70-6854; Filed, June 2, 1970; Sunday at 11:59 p.m. 8:51 a.m.] It is ordered, That: (d) The Carriers receiving the cars Car Distribution Direction No. 67 be, described above must advise Agent R. D. and it is hereby, amended by substitut­ Pfahler on or before each Wednesday as [S.O. 1002; Car Distribution Direction 82, ing the following paragraph (4) for to the number of cars received during Amdt. 4] paragraph (4) thereof: the preceding week, ending each Sunday SOUTHERN RAILWAY CO. AND (4) Expiration date: This direction at 11:59 p.m. shall expire at 11:59 p.m., June 21, 1970, BURLINGTON NORTHERN, INC. unless otherwise modified, changed, or (2) Regulations suspended: The op­ suspended. eration of all rules and regulations, in­ Car Distribution sofar1' as they conflict with the provisions Upon further consideration of Car If w further ordered, That this amend- of this direction, is hereby suspended. shall become effective at Distribution Direction No. 82, and good (3) Effective date: This direction shall cause appearing therefor: 0, May 31* 197°. and th^ it become effective at 12:01 a.m., June 1, It is ordered, That: nail be served upon the Association of 1970. American Railroads, Car Service Divi- Car Distribution Direction No. 82 be, (4) Expiration date: This direction tl°+ï,as agent °* ah railroads subscribing and it is hereby, amended by substituting o the car service and per diem agree- shall expire at 11:59 p.m., June 21, 1970, the following paragraph (4) for para­ ent under the terms of that agree- unless otherwise modified, changed, or graph (4) thereof: and that it be filed with the suspended by order of this Commission. (4) Expiration date: This direction rector, Office of the Federal Register. I t is further ordered, That a copy of shall expire at 11:59 p.m., June 21, 1970, this direction shall be served upon the unless otherwise modified, changed, or 197QSUed at Washington, D.C., May 26, Association of American Railroads, Car suspended. Service Division, as agent of all railroads I t is further ordered, That this amend­ I nterstate C ommerce subscribing to the car service and per ment shall become effective at 11:59 p.m., C o m m issio n , [SEAL] diem agreement under the terms of that May 31,1970, and that it shall be served R. D. P fahler, agreement; and that notice of this direc­ upon the Association of American Rail­ Agent. tion be given to the general public by de­ roads, Car Service Division, as agent of (FA. Doc. 70-6853; Filed, June 2, 1970; positing a copy in the Office of the Secre­ all railroads subscribing to the car serv­ 8:51 a.m.] tary of the Commission at Washington, ice and per diem agreement under the

No. 107---- U FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970 8624 NOTICES

terms of that agreement; and that It be filed with the Director, Office of the Federal Register. Issued at Washington, D.C., May 26, 1970. I n te r sta te C o m m e r c e C o m m is s io n , [ s e a l ] R. D. P f a h l e r , Agent. [F.R. Doc. 70-6855; Filed, June 2, 1970; 8:51 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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 June.

7 CFR Page 18 CFR Paee 32 CFR— Continued Page 27_...... _ 8531 Ch. V —...... •_ 8553 608—...... 8566 28______8531, 8532 612_____...... 8567 61— ______8532 19 CFR 68_ ...... ____ 8535 33 CFR 775...... ____ 8537 P roposed R u l e s : 8481 908______8471 24____ 8499 207______— _____ 923______—. 8472 P roposed R u l e s : 1402______8537 117...... — 8500 1421______.8537, 8539 21 CFR 1481______8472 1______- ______8550 39 CFR P roposed R u l e s : 120—...... 8476 121______8551, 8552 153— — ...... 8481 52______8499 1496____ — 8552 714...... 8569 41 CFR 917—— ___ 8572 P roposed R u l e s : 1136____ 8572 18______8584 l - i ______8482 1-2 ______8485 9 CFR 0-16______8485 24 CFR 8-16______8485 2...... 8472 P roposed R ules : 8-95— ______8485 76...... 8543 41_...... 8586 101-17—______8485 P roposed R u l e s : 101-47— 1...... 8486 76...... _...... 8571 26 CFR 42 CFR 10 CFR l ...... 8477 8487 20______— 57— ...... P roposed R u l e s : 8480 25______— 8480 P roposed R u l e s : 50...... 8594 147______8553 37______8584 8499 12 CFR P roposed R u l e s : ^ 81— ...... 1______r 8569 511...... 8544 46 CFR 13 CFR 30 CFR 310— ______8553 121______—...... 8473 P roposed R u l e s : P roposed R u l e s : 47 CFR 8567 121...... _...... 8504 75—...... 8569 0— ______83______8567 14 CFR 32 CFR P roposed R u l e s : 8502 39______8544 591— _ 8554 67______71 (7 documents).______- 8474-8476 592— _ 8556 73...... 8544 593 _ 8557 49 CFR 594 _ 8558 167...... 8544 P roposed R u l e s : P roposed R u l e s : 595 _ 8566 8502 596—____ 8566 172_...... 71 (3 documents)______8500, 8501 173...... 8502 597...... 8566 8594 601______8566 1048...... 16 CFR 602______8566 P roposed R u l e s : 603______8566 50 CFR 302...... 8503 606______8566 17...... 8491

FEDERAL REGISTER, VOL. 35, NO. 107— WEDNESDAY, JUNE 3, 1970

4

United States Government

MANUAL^ government ^General Services Administration r

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

^ 3 *p e rc o p y - Paperbound, with charts

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