FEDERAL REGISTER VOLUME 35 • NUMBER 29 Wednesday, February 11,1970 • Washington, D.C

FEDERAL REGISTER VOLUME 35 • NUMBER 29 Wednesday, February 11,1970 • Washington, D.C. Pages 2811-2850

Agencies in this issue— The President Agency for International Development Agricultural Research Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Housing Administration Federal Power Commission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration Interstate Commerce Commission Labor Standards Bureau Land Management Bureau Patent Office President’s Committee on Equal Opportunity in Housing Securities and Exchange Commission Small Business Administration Soil Conservation Service Veterans Administration Wage and Hour Division Detailed list of Contents appears inside. Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Af­ fected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex­ pressly affected by documents published in the daily Federal Reg­ ister are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.

Price: $6.75

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

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CUSTOMS BUREAU FOOD AND DRUG THE PRESIDENT Rules and Regulations ADMINISTRATION PROCLAMATION Articles conditionally free, sub­ Rules and Regulations ject to reduced rate, etc.; inter­ American Heart Month, 1970------2815 national organizations______2822 Food additives: Closures with sealing gaskets for FEDERAL AVIATION food containers______2822 Mineral oil______2823 EXECUTIVE AGENCIES ADMINISTRATION Notices AGENCY FOR INTERNATIONAL Rules and Regulations Aspirin etc.; drug efficacy study DEVELOPMENT Alterations: implementation______2836 Notices Control zone and transition area______2819 HEALTH, EDUCATION, AND Housing guaranties; prescription Jet route segment______2819 of rate______2834 Certification; pilots, air carriers, WELFARE DEPARTMENT etc.; training programs— ------2818 See Food and Drug Administra­ AGRICULTURAL RESEARCH Special flight authorizations for tion. SERVICE foreign civil aircraft, conditions and limitations______2818 Rules and Regulations HOUSING AND URBAN Hog cholera and other communi­ FEDERAL COMMUNICATIONS DEVELOPMENT DEPARTMENT cable swine diseases; areas COMMISSION See Federal Housing Administra­ quarantined (2 documents)___ 2817 tion. Rules and Regulations AGRICULTURE DEPARTMENT Aviation services; miscellaneous INTERIOR DEPARTMENT See also Agricultural Research amendments______— 2829 See Fish and Wildlife Service; Service; Consumer and Market­ FM broadcast station, New Bern, Land Management Bureau. ing Service; Soil Conservation N.C.; table of assignments____ 2828 Service. Proposed Rule Making INTERSTATE COMMERCE Notices FM broadcast stations, Riviers COMMISSION Designation of areas for emer­ Beach, West Palm Beach, and gency loans: Rules and Regulations Louisiana______2835 Jupiter, Fla.; table Of assign­ Surety bonds and policies of in­ Missouri______2835 ments ______2831 surance; forms and procedure_ 2829 Oklahoma______2836 Notices FEDERAL HOUSING Car distribution: ATOMIC ENERGY COMMISSION ADMINISTRATION Boston and Maine Corp., and Notices Rules and Regulations Maine Central Railroad Co_ 2844 Penn Central Co., et al______2844 Mitsubishi International Corp.; Delegations of basic authority and Fourth section applications for issuance of facility export functions; miscellaneous amend­ relief______2844 license ______2836 ments ______2823 Motor carrier: Alternate route deviation notices CIVIL AERONAUTICS BOARD FEDERAL POWER COMMISSION (2 documents)______2844, 2845 Rules and Regulations Applications and certain other Proposed Rule Making proceedings______2845 Uniform system of accounts and Collection of steam-electric gen­ Temporary authority applica­ reports for certified air carriers; ' erating plant pollution control tions ______2847 redefinition of “operations, do­ data ______2832 South Carolina intrastate freight mestic” and other revisions with rates, 1969______2843 respect to entity reporting____ 2819 FEDERAL RESERVE SYSTEM Notices ' LABOR DEPARTMENT Hearings, etc.: Notices See Labor Standards Bureau; Air West, Inc______2836 First Financial Corp.; order ap­ Wage and Hour Division. Domestic Trunkline & Local proving application (2 docu­ Service Carriers______2837 ments) ______2838 Ross Aviation, Inc______2837 LABOR STANDARDS BUREAU Rules and Regulations FISCAL SERVICE COMMERCE DEPARTMENT Hazardous occupations in agricul­ ture; correction-______2822 See Patent Office. Rules and Regulations United States savings stamps; no­ CONSUMER AND MARKETING tice of termination of sale___ 2827 LAND MANAGEMENT BUREAU SERVICE Rules and Regulations FISH AND WILDLIFE SERVICE Idaho; public land order; cor­ Notices Notices rection ______2828 Domestic dates produced or Notices packed in designated area of Loan applications: Deems, Alan Mitchell______2834 Nevada; notice of public sale of California; findings and ap­ lands ------2834 proval regarding grade and Zeigler, Richard and Henry s iz e ______2835 Nagel ______2834 (Continued on next page) 2813 2814 CONTENTS

PATENT OFFICE SMALL BUSINESS STATE DEPARTMENT Rules and Regulations ADMINISTRATION See Agency for International De­ Updating of rules and forms; Notices velopment. correction_____ J______2828 Declaration of disaster loan areas: TRANSPORTATION DEPARTMENT California______2842 PRESIDENT’S COMMITTEE ON Oregon______2842 See Federal Aviation Administra­ EQUAL OPPORTUNITY IN Vermont ______2842 tion. HOUSING Regional Directors, Regions VI, VII, & X, et al.; delegation of TREASURY DEPARTMENT Rules and Regulations authority______2840 See Customs Bureau; Fiscal Serv­ Discontinuance of chapter; edi­ ice. torial note______? 2827 SOIL CONSERVATION SERVICE VETERANS ADMINISTRATION Rules and Regulations SECURITIES AND EXCHANGE Great Plains Conservation Pro­ Rules and Regulations COMMISSION gram; general provisions_____ 2817 Miscellaneous amendments to ch ap ter ______2827 Notices Hearings, etc.: WAGE AND HOUR DIVISION Continental Vending Machine C orp______2839 Notices Georgia Power Co______2839 Certificates authorizing employ­ Pilgrim Fund, Inc., and Pilgrim ment of learners at special Fund Distributors, Inc_____ 2839 minimum wages ______2842

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.

3 CFR 18 CFR 38 CFR Proclamation: P roposed R ules : 3______2827 3960______2815 141—___ ; ______2832 43 CFR 7 CFR 19 CFR P ublic Land Orders: 601— —— —______2817 10______— — 2822 4755______...... 2828 9 CFR 21 CFR 76 (2 documents)______2817 121 (2 documents)______2822, 2823 47 CFR 73______2828 14 CFR 24 CFR 87______2829 21______2818 200— ____ 2823 P roposed R ules: 61______2818 Ch. VI______I______2827 73 ______— 2831 71______2819 75______— ______2819 29 CFR 49 CFR 91...... — 2818 1500______2822 121 — ______— — 2818 1043 ______2829 241______2819 31 CFR 1084 ______2829 316______2827 37 CFR l ______2828 3____ 2828 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3960 AMERICAN HEART MONTH, 1970 By the President of the United States of America A Proclamation Cardiovascular disease imposes a heavy burden on the nation. More than half of all deaths in the United States result from heart disease. It is also a major cause of disability, taking a tremendous toll in both suffering and economic loss. The number of Americans who have some form of heart and blood vessel disease is estimated at more than 27 million. In 1968 the economic cost of such disease was estimated at more than 31 billion dollars. Despite the vastness of the problem, notable progress is being made in the struggle against this disease—largely through research and its application. This progress is attributable to the combined efforts of public and private interests. For continued gains, we look further to the National Heart and Lung Institute, as the chief Federal partner, and the American Heart Association, as the principal voluntary ally. Given the support of all our citizens to reinforce and sustain this effort, we can have cause for optimism in this effort. For such reasons the Congress, by a joint resolution approved De­ cember 30, 1963 (77 Stat. 843), requested the President to issue annually a proclamation designating February as American Heart Month. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of February 1970 as American Heart Month, and I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations. I urge the people of the United States to give heed to the nationwide problem of heart disease, and to support the programs essential to bring about its solution. IN W ITNESS WHEREOF, I have hereunto set my hand this ninth day of February, in the year of our Lord nineteen hundred seventy, and of the Independence of the United States of America the one hundred ninety-fourth.

[F.R. Doc. 70-1770; Filed, Feb. 9, 1970 ; 2:57 p.m.]

FEDERAL REGISTER, VOL 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970

2817 Rules and Regulations

after the producer has received notice of (5) Maryland. The adjacent portions Title 7— AGRICULTURE the determination of the State Conserva­ of Wicomico and Worcester Counties tionist. The State Conservationist may bounded by a line beginning at the junc­ Chapter VI— Soil Conservation file a brief or statement in the office of tion of U.S. Highway 50 and State High­ Service, Department of Agriculture the Administrator, SCS, within 15 days way 12 (at the city of Salisbury); thence, after the producer’s brief or statement following U.S. Highway 50 in an easterly PART 601— GREAT PLAINS is received there. Such an appeal shall be direction to U.S. Highway 113; thence, CONSERVATION PROGRAM limited to the records and the issues following U.S. Highway 113 in a south­ General Program Provisions made before the State Conservationist westerly direction to State Highway 12 which records shall be submitted to the (at the city of Snow H ill); thence, fol­ The regulations governing the Great Administrator, SCS, by the State Con­ lowing State Highway 12 in a north­ Plains Conservation Program, 22 F.R. servationist. The Administrator, SCS, westerly direction to its junction with 6851, as amended, are further amended will make his decision from which there U.S. Highway 50. as provided herein. shall no further appeal in the Depart­ 2. In § 76.2, paragraph (f) is amended Paragraph (1) of § 601.1 Definitions, ment. The decision will be based upon by deleting the reference to “Maryland.” is amended as follows: the record before him and the issues (Secs. 4-7, 23 Stat. 32, as amended, secs. Í, (i) “Designated County” means any presented by the appeal and the producer 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 county within a Great Plains State in shall be notified in writing. Stat. 1264, 1265, as amended, sec. 1, 75 Stat. the Great Plains Area which has been Paragraph (m) of § 601.25 Contract 481, secs. 3"and 11, 76 Stat. 130, 132; 21 designated by the Administrator, SCS, Violations Procedure, is amended by de­ U.S.C. 111, 112, 113, 114g, 115, 117, 120, 121, where the program is applicable leting the paragraph in its entirety. 123-126, 134b, 134f; 29 P.R. 16210, as amended) specifically. Paragraphs (a) and (b) of §601.34 Section 601.5 Program Applicability, Effect on Acreage Allotment and Mar­ Effective date. The foregoing amend­ is amended as follows: keting Quota Programs, are amended by ments shall become effective upon The program will be applicable only deleting the paragraphs in their en­ issuance. in counties within the Great Plains Area tirety. The amendments quarantine portions of the Great Plains States designated of Wicomico and Worcester Counties, by the Administrator, SCS. These des­ (Sec. 4, 49 Stat. 164, as amended, 16 U.S.C., 590d) Md., because of the existence of hog ignations will be based upon State Pro­ cholera. This action is deemed necessary gram Committee recommendations. Done at Washington, D.C., this 5th to prevent further spread of the disease. Paragraph (c) of § 601.23 Appeals, is day of February 1970. The restrictions pertaining to the inter­ amended as follows: state movement of swine and swine prod­ (c) Any producer adversely affected [seal] T. K. Cowden, Assistant Secretary. ucts from or through quarantined areas may appeal to the Administrator, SCS, as contained in 9 CFR Part 76, as from a decision of the State Conserva­ [P.R. Doc. 70-1678; Piled, Feb. 10, 1970; amended, will apply to such counties. tionist. A producer who wishes to take 8:45 a.m.] The foregoing amendments also delete such action must file his appeal and any the State or Maryland from the list of briefs or statements in the office of the hog cholera eradication States as set Administrator, CSC, within 30 days from forth in § 76.2(f). receiving notice of the decision of the Title 9— ANIMALS ANU The amendments impose certain fur­ State Conservationist. The State Con­ ther restrictions necessary to prevent the servationist may file a brief or statement ANIMAL PRODUCTS interstate spread of hog cholera and in the office of the Administrator, SCS, Chapter l-r-Agricultural Research must be made effective immediately to within 15 days after the producer’s brief Service, Department of Agriculture accomplish their purpose in the public or statement is received there. Such an interest. Accordingly, under the adminis­ appeal shall be limited to the issues or SUBCHAPTER C— INTERSTATE TRANSPORTATION trative procedure provisions in 5 U.S.C. disputes and records before the State OF ANIMALS AND POULTRY 553, it is found upon good cause that Conservationist. The. State Conserva­ PART 76— HOG CHOLERA AND notice and other public procedure with tionist shall submit' the record before respect to the amendments are imprac­ him, which will include his decision, to OTHER COMMUNICABLE SWINE ticable and contrary to the public inter­ the Administrator, SCS. The Adminis­ DISEASES est, and good cause is found for making trator, SCS, upon receipt of the record, Areas Quarantined them effective less than 30 days after will make a decision from which there publication in the F ederal R egister. shall be no further appeal in the Depart­ Pursuant to provisions of the Act of ment. The producer shall be notified of May 29, 1884, as amended, the Act of Done at Washington, D.C., this 5th this decision in writing. February 2, 1903, as amended, the Act day of February 1970. Paragraph (d) of § 601.23 Appeals, is of March 3, 1905, as amended, the Act George W. I rving, Jr., amended by deleting the paragraph in of September 6, 1961, and the Act of Administrator, its entirety. July 2, 1962 (21 U.S.C. 111-113,114g, 115, Agricultural Research Service. Paragraph (1) of § 601.25 Contract 117, 120, 121, 123-126, 134b, 134f), Part [P.R. Doc. 70-1675; Piled, Feb. 10, 1970; Violations Procedure, is amended as fol­ 76, Title 9, Code of Federal Regulations, 8:45 am.] lows: restricting the interstate movement of Any producer adversely affected by a swine and certain products because of. determination of the State Conserva­ hog cholera and other communicable PART 76— HOG CHOLERA AND tionist shall have the right of appeal to swine diseases, is hereby amended in the OTHER COMMUNICABLE SWINE the Administrator, SCS. A producer who in the following respects: DISEASES wishes to appeal to the Administrator, 1. In § 76.2, the introductory portion SCS, must file in the office of the Ad­ in paragraph (e) is amended by adding Areas Quarantined ministrator, SCS, his appeal. This appeal thereto the name of the State of Mary­ Pursuant to provisions of the Act of and any briefs or statements must be land and subparagraph (e) (5) is added May 29, 1884, as amended, the Act received in such office within 30 days to read: of February 2, 1903, as amended, the Act

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2818 RULES AND REGULATIONS of March 3, 1905, as amended, the Act of (b) A manufacturer of aircraft en­ September 6, 1961, and the Act of July 2, Title 14— AERONAUTICS AND gines who has altered a type certificated 1962 (21 U.S.C. 111-113, 114g, 115, 117, aircraft by installing different engines, 120, 121, 123-126, 134b, 134f), Part 76, SPACE manufactured by him within the United Title 9, Code of Federal Regulations, re­ States, may apply for an experimental stricting the interstate movement of Chapter I— Federal Aviation Adminis­ certificate for that aircraft to be used swine and certain products because of tration, Department of Transportation for market surveys, sales demonstra­ hog cholera and other communicable [Docket No. 9749; Arndt. Nos. 21-28; 91-73] tions, or customer crew training, if the swine diseases, is hereby amended in the basic aircraft, before alteration, was following respects: PART 21— CERTIFICATION PROCE­ type certificated in the normal, acro­ In §76.2, paragraph (e) (14) relating DURES FOR PRODUCTS AND PARTS batic, or transport category. to the State of Virginia, a new subpara­ ♦ * * * * PART 91— GENERAL OPERATING graph (vi) is added to read: 2. In § 91.28(b) (5) of Part 91, by add­ (14) Virginia. * * * AND FLIGHT RULES ing a sentence to read as follows: (vi) That portion of Goochland Special Flight Authorizations for For­ County bounded by a line beginning at § 91.28. Special flight authorizations for the junction of Interstate Highway 64 eign Civil Aircraft, Conditions and foreign civil aircraft. and the Goochland-Henrico County line; Limitations ***** (b) * * * thence, following the Goochland-Henrico The purpose of these amendments is County line in a southerly direction to to establish conditions and limitations (5) * * * However, for market sales Primary Highway 6; thence, following under which special authorizations may or surveys, the applicant must show at Primary Highway 6 in a northwesterly be issued for foreign civil aircraft oper­ least that: direction to Secondary Highway 644; ated in the United States for market (i) The applicant is the manufacturer thence, following Secondary Highway 644 sales or surveys, and to delete the require­ of the aircraft; in a northerly direction to Secondary ment that U.S. aircraft engine manu­ (ii) The applicant has applied for a Highway 641; thence, following Second­ facturers use only type certificated en­ U.S. type certificate or U.S. supplemental ary Highway 641 in a northwesterly di­ gines in type certificated aircraft when type certificate; rection to Secondary Highway 654; operated solely for market surveys, sales (iii) The aircraft has flown for 50 thence, following Secondary Highway 654 demonstrations, or customer crew hours, or for at least 5 hours if it is a in a northeasterly direction to Interstate training. U.S. type certificated aircraft which has Highway 64; thence, following Interstate These amendments are based on a been modified; Highway 64 in a southeasterly direction notice of proposed rule making (Notice (iv) The applicant has established to its junction with the Goochland- 69-35) which was published in the operating limitations in an appropriate Henrico County line. F ederal R egister on August 16, 1969 (34 document and certifies that the aircraft (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, F.R. 13329). will be operated within such limitations; 32 Stat. 791-792, as amended, secs. 1-4, 33 All of the comments received in and Stat. 1264, 1265, as amended, sec. 1, 75 Stat. response to Notice 69-35, with the excep­ (v) The applicant has established an 431, secs. 3 and 11, 76 Stat. 481, 130; 21 U.S.C. tion of one, concurred without reserva­ inspection and maintenance program for I ll, 112, 113, 114g, 115, 117, 120, 121, 123-126, tion in the adoption of these amend­ the continued airworthiness of the air­ 134b, 134f; 29 F.R. 16210, as amended) ments. It should be pointed out that craft. Effective date. The foregoing amend- under these amendments, § 91.28(b) (5) ***** mend shall become effective upon (i) does not prevent U.S. manufactur­ (Secs. 313(a), 601, 603, and 610(b), Federal issuance ers from marketing foreign civil aircraft. Aviation Act of 1958, 49 U.S.C. 1354(a), 1421, The amendment quarantines por­ These amendments allow foreign civil 1423, and 1430(b), sec. 6(c), Department of tions of Goochland County, Va., because aircraft to be flown for market sales or Transportation Act, 49 U.S.C. 1655(c)) of the existence of hog cholera. This surveys without regard to whether or not Issued in Washington, D.C., on Feb­ action is deemed necessary to prevent the operator is the same person as the ruary 5,1970. further spread of the disease. The re­ applicant. Therefore, a U.S. manufac­ D. D. T homas, strictions pertaining to the interstate turer may operate the aircraft under Acting Administrator. movement of swine and swine products the authorization without being the [F.R. Doc. 70-1699; Filed, Feb. 10, 1970; from or through quarantined areas as applicant. 8:46 a.m.] contained in 9 CFR Part 76, as amended, As amended, § 21.195(b) permits U.S. will apply to the quarantined areas aircraft engine manufacturers to con­ designated herein. duct market surveys and the other oper­ [Docket No. 9509; Amdt. Nos. 61-45 and The amendment imposes certain fur­ ations specified in the regulation with 121-55] ther restrictions necessary to prevent a type certificated aircraft, whether or PART 61— CERTIFICATION: PILOTS not the engines are type certificated. In the interstate spread of hog cholera and AND FLIGHT INSTRUCTORS must be made effective immediately to addition, minor editorial word changes accomplish its purpose in- the public have been made in paragraph (b) for PART 121— CERTIFICATION AND OP­ interest. Accordingly, under the adminis­ purposes of clarification. ERATIONS: DOMESTIC, FLAG, AND Interested persons have been afforded trative procedure provisions in 5 U.S.C. SUPPLEMENTAL AIR CARRIERS AND 553, it is found upon good cause that an opportunity to participate in the mak­ notice and other public procedure with ing of these amendments, and due con­ COMMERCIAL OPERATORS OF respect to the amendment are impracti­ sideration has been given all relevant LARGE AIRCRAFT matter presented. cable and contrary to the public interest, Miscellaneous Amendments and good cause is found for making the In consideration of the foregoing, amendment effective less than 30 days Parts 21 and 91 of the Federal Aviation Paragraph 111(e) of Appendix A to after publication in the F ederal R egister. Regulations are amended, effective Part 61, entitled “Instrument Proce­ March 13,1970, as follows: dures: Missed approaches"; subpara­ Done at Washington, D.C., this 5th day 1. By amending § 21.195(b) of Part 21graph 121.400(c)(6); and, the amenda­ of February 1970. to read as follows: tory language to § 121.463, appearing in George W. I rving, Jr., § 21.195 Experimental certificates: air­ the F ederal R egister issue for Satur­ Administrator, craft to be used for market surveys, day, January 3, 1970, pages 89, 91, and Agricultural Research Service. sales demonstrations, and customer 96 respectively (35 F.R. 84) are not cor­ (F.R. Doc. 70-1676; Filed, Feb. 10, 1970; crew training. rect as they now stand and are corrected 8:45 a.m .] ***** as follows:

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 RULES AND REGULATIONS 2819

1. By changing the word “conduction” miles east of the VOR; within 9.5 miles In a notice of proposed rule making is­ appearing in the third sentence of para­ southeast and 4.5 miles northwest of the sued September 11, 1969, EDR-169, 207° bearing from the St. Croix RBN, extend­ Docket 21420, and published at 34 F.R. graph III (e) of Appendix A to Part 61 to ing from the 15-mile radius area to 18.5 miles read: “conjunction.” 14479, the Board proposed an amend­ southwest of the RBN. ment to Part 241 which would redefine 2. By changing the word “checks” ap­ (Sec. 307(a) and 1110, Federal Aviation Act pearing in § 121.400(c) (6) to read: of 1958, 49 U.S.C. 1348 and 151(k Executive the term “Operations, domestic” to in­ “functions.” Order 10854 (24 F.R. 9565), sec. 6(c), De­ clude all of the 50 States rather than the 3. By changing the language in the partment of Transportation Act, 49 U.S.C. 48 continguous States, as presently de­ amendatory introduction of Item 14 to 1655(c)) fined. In addition, it was proposed that the presently required three general re­ read: “By amending paragraph (a) of Issued in Washington, D.C., on Febru­ § 121.463 to read as follows:” porting entities1 be simplified as follows: ary 4, 19.70. Domestic; Altantic; Pacific; and Latin Issued in Washington, D.C., on Feb­ H. B. H elstrom, America. Finally, the proposed rule ruary 5,1970. Chief, Airspace and Air called for the submission of supplemen­ D. D. T homas, Traffic Rules Division. tal revenue, traffic and capacity data for Acting Administrator. [F.R. Doc. 70-1702; Filed, Feb. 10, 1970; certain markets to be reported on a quar­ [F.R. Doc. 70-1700; Filed, Feb. 10, 1970; 8:46 a.m.] terly basis on a newly established Sched­ 8:46 a.m.] ule P-2 (a) of CAB Form 41. (The [Airspace Docket No. 70-WA-5] markets listed herein in the final rule [Airspace Docket No. 69-SO-96] are the same as those which were pro­ PART 75— ESTABLISHMENT OF JET posed in EDR-169.) 2 PART 71—-DESIGNATION OF FEDERAL ROUTES 4c ♦ ♦ ♦ ♦ AIRWAYS, CONTROLLED AIRSPACE, Alteration of Jet Route Segment Interested persons have been afforded AND REPORTING POINTS an opportunity to participate in the pro­ The purpose of this amendment to posal and due consideration has been Alteration of Control Zone and Part 75 of the Federal Aviation Regula­ given to all relevant matter presented. Transition Area tions is to redesignate the segment of Jet Comments were received from the State Route No. 16 between Milwaukee, Wis., of Alaska, Division of Aviation, Depart­ On December 9, 1969, a notice of pro­ and Peck, Mich. posed rule making was published in the ment of Public Work; Northwest Airlines, The realignment of J-16 segment from Inc.; Pan American World Airways, Federal R egister (34 F.R. 19470) stat­ Milwaukee direct to Peck is necessary in ing that the Federal Aviation Adminis­ Inc.; American Airlines, Inc.; andv order for J-16 to overlie the centerline of United Air Lines, Inc. tration was considering amendments to a portion of Jet Route No. 36 segment Part 71 of the Federal Aviation Regula­ The State of Alaska agrees with the designated between Milwaukee and Flint, principal features of the proposed tions' that would alter the Christiansted, Mich. St. Croix, V.I., control zone and transi­ amendment in regard to the classifica­ Since the maximum deviation of the tion of Alaskan air carriers and a dis­ tion area. new alignment from the present designa­ Interested persons were afforded an cussion of its comments are unnecessary. tion is approximately 2° to the south and However, comments of the other four opportunity to participate in the pro­ the entire new designation is within air­ respondents warrant discussion as set posed rule making through the submis­ space that is presently controlled, this sion of comments. No comments were forth below. alteration is minor in nature and no sub­ Northwest objects to the proposed rule received. stantive change in the regulation is and advocates retention of the present In consideration of the foregoing, effected; notice and public procedure Concept of reporting entities. The car­ Part 71 of the Federal Aviation Regula­ thereon are unnecessary. rier asserts that for more than 20 years tions is amended, effective 0901 G.m.t., In consideration of the foregoing, Part it has followed a consistent reporting April 2,1970, as hereinafter set forth. 75 of the Federal Aviation Regulations is procedure in which services to Alaska 1. In § 71.171 (35 F.R. 2054) the Chris­ amended, effective 0901 G.m.t., April 30, and Hawaii have been included in its tiansted, St. Croix, V.I., control zone is 1970, as hereinafter set forth. International Form 41 and to classify all amended to read as follows: In § 75.100 (35 F.R. 2359) Jet Route “flight stages” or “operations” to Alaska No. 16 text is amended by deleting “INT Christiansted, St. Croix, V.I. and Hawaii in its domestic entity would of the Milwaukee 088° and the Peck, create a severe dislodging of present re­ Within a 5-mile radius of Alexander Ham­ Mich., 269° radials; Peck;” and substitut­ porting content and no useful purpose ilton Airport (lat. 17°42'15" N., long. 64°47' ing “Peck, Mich.;” therefor. 55” W.); within 3 miles each side of the St. would be served by this break in con­ Croix VOR t)68° and 248° radials, extending (Sec. 307(a), Federal Aviation Act of 1958, sistency and continuity of entity report­ from the 5-mile radius zone to 8.5 miles east 49 U.S.C. 1348, sec. 6(c), Department of ing. Northwest also alleges, in support of the VOR; within 3 miles each side of the Transportation Act, 49 U.S.C. 1655(c)) of its position, that operations to Hawaii 207° bearing from the St. Croix RBN, ex­ Issued in Washington, D.C., on Febru­ and Alaska are far more closely aligned tending from the 5-mile radius zone to 8.5 ary 4, 1970. to transpacific services than to domestic miles southwest of the RBN. This control services since they have (1) unique fare zone is effective during specific dates and H. B. H elstrom, times established in advance by a Notice to Chief, Airspace and Air structures that represent the character Airmen. The effective date and time wili Traffic Rules Divisioh. of such long-haul services; (2) a vaca­ tion type of traffic, particularly to thereafter be continuously published in the [F.R. Doc. 70-1701; Filed, Feb. 10, 1970; FAA publication, International NOTAMs. Hawaii; (3) ’pronounced traffic season­ 8:46 a.m.] ality; and (4) prevalence of “group” 2. In §71.181 (35 F.R. 2134) the traffic. In light of the foregoing, North­ Christiansted, St. Croix, VX, transition west requests a permanent waiver to area is amended to read as follows: Chapter II— Civil Aeronautics Board SUBCHAPTER -A— ECONOMIC REGULATIONS Christiansted, St. Croix, V I. [Reg. ER—604, Arndt. 27] 1 (1) Domestic or combined domestic and That airspace extending upward from 700 Canadian transborder operations; feet above the surface within an 8.5-mile PART 241— UNIFORM SYSTEM OF AC­ (2) Territorial or combined territorial and radius of Alexander Hamilton Airport (lat. domestic operations; and 17°42'15” N., long. 64°47'55” W.); within 3 COUNTS AND REPORTS FOR CER­ (3) International and territorial opera­ miles each side of the 207° bearing from the TIFICATED AIR CARRIERS tions. With respect to the latter two general St. Croix RBN, extending from the 8.5-mile classifications, separate reporting entities radius area to 8.5 miles southwest of the Redefinition of “Operations, Domes­ were established for operations via the At­ RBN; and that airspace extending upward tic” and Other Revisions With Re­ lantic or Pacific Oceans and within the from 1,200 feet above the surface within a 15- spect to Entity Reporting Alaskan or Latin American areas. mile radius of the Alexander Hamilton Air­ 2 For a list of the markets, see section 24, port; within 9.5 miles north and 4.5 miles Adopted by the Civil Aeronautics instructions for Schedule P-2 (a), and sec­ south of the St. Croix VOR 068° radial, ex­ Board at its office in Wasington, D.C., on tion 25, instructions for Schedule T-7, pp. tending from the 15-mile radius area to 18.5 the 22d day of January 1970. 13-14, infra.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 No. 29----- 2 2820 RULES AND REGULATIONS permit it to continue to report Hawaii/ entity reports by screening out domestic and Western plus Schedule T -l(a) data Alaska operations in the “Pacific” entity. results. (supplemented by special requests to Pan American states that, for most It is the Board’s view that the conten­ carriers where necessary) for North­ carriers, the proposal would reduce con­ tions of Northwest and Pan American west and Pan American. fusion and in some instances eliminate are not persuasive and the reasons sub­ United also recommends that Schedule entity reports presently required. In its mitted by the carriers do not justify dif­ P-2 (a) be revised to require the report­ own case, however, it believes that the ferential treatment for them. To grant a ing of “revenue passengers transported” opposite would be true in that reporting waiver to permit continued reporting of in lieu of “revenue passenger enplane- would be further complicated and con­ Hawaii/Alaska operations in a Pacific merits.” The carrier suggests this change fused and an additional reporting entity entity report would largely defeat the since passengers boarded at up line do­ would be established for it. As Pan very purpose of the rule. Moreover, mestic points would not be included as American sees it, its new domestic entity Northwest presently files a domestic en­ “passengers explaned” for the particular would be limited to West Coast/Hawaii tity report and its situation would be like market for which the report is prepared flights and Portland/Seattle/Fairbanks those of American and TWA who also and, therefore, the data would not reflect flights. A domestic entity consisting of file domestic entity reports and will in­ true market conditions.5 American sug­ the foregoing sectors, it claims, would clude therein their new Mainland- gests that the traffic and capacity data generate the following problems: For Hawaii operations. on Schedule P-2 (a) be reported monthly years Pan American has been reporting While Pan American does not pres­ (rather than quarterly) similar to Sched­ operations under three entities and has ently file a domestic entity report, its ule T -l reporting. It is believed that built up historical records whereby the West Coast/Hawaii and Portland/Seat­ monthly reporting would assist the car­ Board and management can evaluate the tle/Fairbanks operations are purely do­ riers and the Board in obtaining indus­ results of operations by entity over an mestic in character. Therefore, the try data comparable with past periods extended period; the establishment of Board finds that Pan American should for forecasting and traffic analysis. a domestic sector covering a relatively establish a domestic entity for such op­ These two modifications have been made small portion of the carrier’s operations erations so that they can be consistently in the final rule.* would tend to destroy this continuity classified with the operations of all other The above two modifications from the and make comparability of reports with carriers. The Board does, however, rec­ proposed rule are within the scope of prior periods less meaningful. In addi­ ognize classification problems related to the rule making proceeding and we tion, Pan American asserts that its traf­ Pan American’s operations between do­ believe that they will not impose a sub­ fic is preponderantly international in mestic points where only international stantial burden on any carrier. However, character, i.e., on many flights which service may be provided.3 These are mat­ since they were not set forth in the rule traverse the Mainland/Hawaii domestic ters not lending themselves to incorpora­ as proposed, we shall provide for the sector the carrier has substantial vol­ tion in the rule, but rather should be filing of petitions for reconsideration umes of traffic which are truly interna­ resolved under the Board’s procedure of with respect to them. Twelve (12) copies tional, and thus the domestic character a showing of peculiarities or unusual cir­ of such petitions shall be filed with the of this sector loses a great deal of signifi­ cumstances wherein each can be treated Docket Section, Civil Aeronautics Board, cance when viewed in this light. Finally, on its merits in detail. Room 712 Universal Building, Washing­ Pan American claims that the establish­ United generally favors the proposed ton, D.C. 20428, on or before March 3, ment of a fourth entity would require a rule but points out that the data already 1970. Copies of any petition filed will be considerable number of cost and revenue reported to the Board under the old available for examination by interested allocations which would be time con­ definitions will not be suitable for fore­ persons in the Docket Section. The filing suming and costly, without providing casting purposes under the definitions. It of petitions shall not operate to stay the any meaningful results or management asserts that the carrier domestic market effective date of the rule. tools for controlling operations. For the shares, as determined under the new Unless the rule is made effective as of reasons outlined above, Pan American definitions, will be significantly different, January 1, 1970, substantial1 problems requests a waiver similar to Northwest and it will take several years to accumu­ may be encountered with respect to the in the event the proposal is adopted, late a significant data base for accurate reporting practices of the carriers newly which will exempt it from reporting that forecasting. Accordingly, in order to ease certificated to serve Hawaii. At the part of EDR-169 calling for domestic the transition to the new reporting re­ present time separate reporting entities reporting. quirements United recommends that the Upon consideration, the Board has de­ Board require the carriers to provide cided to adopt the proposal with modifi­ B Under the existing definitions, the 48 monthly traffic data under the new States and Mainland-Hawaii are two report­ cation. As modified the tentative find­ definitions for the calendar years 1967, ing entities. Accordingly, a passenger leav­ ings made in EDR-169 are incorporated 1968, and 1969 in order to provide a suit­ ing Baltimore, Md., for Hawaii through the by reference and made final. able overlap for linking the old and new Los Anegels gateway would be counted twice, The principal benefit to the Board and base statistics. Such report, the carrier once as a domestic enplanement at Baltimore the public from this change in reporting feels, should include schedule RPM’s, and once as a Mainland-Hawaii enplanement is related to the rate making functions ASM’s, cargo RPM’s by category, total at Los Angeles. However, under the redefini­ tion finalized herein, the 48 States and of the Board. Under the present rules, RPM’s and ATM’s.4 Hawaii are one entity. Thus, this same the Mainland-Hawaii and Mainland- This suggestion by United will not be passenger who boarded at Baltimore destined Alaska operations of Pan American and adopted since the Board can produce ad­ for Hawaii via Los Angels would be counted Northwest are included in their reports justed data mentioned by the carrier for once as a domestic enplanement at Baltimore for international operations. The trans­ prior periods through the use of existing and accordingly lost as a Mainland-Hawaii pacific reports of these two carriers con­ entity reports for Alaska Airlines, United passenger provided he had no stopover, did tain such a large element of Mainland- not change planes or did not change carriers at Los Angeles, if the term “revenue passenger Hawaii data that it is difficult to evaluate 3 In this connection, the definition of tech­ enplanement” in the proposed rule is used. their purely international operations. nical stops (which do not change the clas­ The use of “revenue passengers transported” Because the Board regulates inter­ sification of the flight) has been clarified to which is a count of passengers on-board for national rates and fares largely through specifically embrace those points on interna­ each flight segment would overcome this its approval or disapproval of LATA tional routes where carriers may offer stop­ problem. agreements, and since these agreements over privileges to passengers. E.g., with re­ •In addition, for administrative conven­ do not cover interstate air transporta­ spect to a New York/Los Angeles segment of ience we have separated the revenue and tion, it is important that the carriers’ a PAA international flight beyond Honolulu, traffic reporting sections of proposed Schedule a passenger thereon who avails himself of a P-2(a) so as to provide for two separate financial reports segregate international stop-over privilege at Los Angeles would noit schedules—Schedule P-2 (a) entitled Reve­ operations from interstate to the maxi­ be considered a domestic passenger. nue Market Report and Schedule T-7, Sta­ mum practicable extent. The attached 4 Revenue plane miles (RPM); available tistical Market Report. The former will be rule will thus significantly improve the seat miles (ASM); available ton miles filed quarterly and the latter, monthly, as usefulness of the carriers’ international (ATM). suggested by American.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 RULES AND REGULATIONS 2821

are established for operations via the Ocean; (3) operations via the Pacific R outs Air Carrier Reporting Entities Pacific Ocean. For example, United now Ocean; and (4) operations within the Air carriers Entities serves between the Mainland and Hawaii Latin American areas. With respect to Frontier Airlines, Inc_ Domestic. and such operations are reported under the first classification, the domestic en­ Hawaiian Airlines, Inc. Domestic. a present reporting entity-for operations tity shall embrace all operations within Kodiak Airways, Inc__ Domestic. via the Pacific Ocean under the broad the 50 States of the United States and Los Angeles Airways, Domestic. reporting category “territorial or com­ the District of Columbia, and shall also Inc. bined territorial and domestic opera­ include Canadian transborder opera­ Mohawk Airlines, Inc_ Domestic. tions.” Under the new rule, however, tions. The reports to be submitted by National Airlines, Inc_ Domestic, Atlantic, United would report its Mainland-Hawaii Latin America. each entity shall be comparable to those New York Airways, Inc_ Domestic. service under the broad reporting cate­ required of a distinct legal entity whether North Central Airlines, Domestic. gory, “domestic operations.” Unless the the reporting entity constitutes such an Inc. — rule becomes effective on January T, 1970, entity, a semiautonomous physically Northeast Airlines, Inc_ Domestic. there will be confusion and uncertainty separated operating division of the air Northwest Airlines, Inc_ Domestic, Pacific. among many carriers as to the proper carrier, or an entity established for re­ Ozark Air Lines, Inc__ Domestic. entity for reporting purposes after such porting purposes only. Pan American World Domestic, Atlantic, Airways, Inc. Latin America, date. In addition, the commencement of The entities for which separate re­ the calendar year is a logical time for Pacific. ports shall be made by the different air Piedmont Aviation, Inc_ Domestic. implementation of the new reporting carriers are set forth below in the list Reeve Aleutian Airways, Domestic. provisions. For these reasons, the Board entitled Route Air Carrier Reporting Inc. finds that good cause exists for making Entities. San Francisco & Oak­ Domestic. the rule effective on less than 30 days’ land Helicopter Air­ notice. R oute Air Carrier Reporting Entities lines, Inc. In consideration of the foregoing, the Air carriers Entities Seaboard World Air­ Atlantic. lines, Inc. Board hereby amends Part 241 of the Airlift International, Domestic, Latin Inc. Southern Airways, Inc_ Domestic. Economic Regulations (14 CFR Part America. TAG Airlines, Inc____ Domestic. 241), effective January 1, 1970, as Air West, Inc______Domestic. Texas International Air­ Domestic. follows: Alaska Airlines, Inc__ _ Domestic. lines, Inc. 1. By amending the definitions of Allegheny Airlines, Inc_ Domestic. Trans Caribbean Air­ Latin America. “domestic” and “territorial” operations, Aloha Airlines, Inc___ Domestic. ways, Inc. American Airlines, Inc_ Domestic, Pacific, Trans World Airlines, Domestic, Atlan­ “flight stage” and “stops, technical” in Latin America. § 03 to read: Inc. tic, Pacific. ■Aspen Airways, Inc___ Domestic. United Air Lines, Inc_ Domestic. Braniff Airways, Inc__ Domestic, Latin Western Air Lines, Inc_ Domestic, Latin Section 03— Definitions for Purposes America. of This System of Accounts and America. Caribbean-Atlantic Latin America. Western Alaska Air- Domestic. Reports Airlines, Inc. lines, Inc. * * * * * Chicago Helicopter Air­ Domestic. Wien Consolidated Air- Domestic, ways, Inc. lines, Inc. Flight stage. The operation of an Continental Air Lines, Domestic. aircraft from take-off to landing. For Inc. 4. By amending the list of schedules purposes of classifying flight stages as Delta Air Lines, Inc__ Domestic, Latin in paragraph (a) of Section 22—Gen­ between “domestic”, “territorial”, and America. eral Reporting Instructions by adding Eastern Air Lines, Inc_ Domestic, Latin “international”, technical stops are dis­ America. new Schedule P-2 (a) and new Schedule regarded. (See tops, technical.) The Plying Tiger Line Domestic, Pacific. T-7 so that the list in pertinent part * * * * * In c . r e a d s : Operations. (For purposes of reporting on Schedule T -l (a )); Section 2 2 — General Reporting Instructions Domestic. Flight stages with both ter­ minals within the 50 States of the Filing United States and the District of Schedule No. Postmark Columbia. Frequency interval Territorial. Flight stages with both (days) terminals within territory under U.S. jurisdiction where at least one of the * * * * * * * * * * * * terminals is not within a State or the P-2...... Notes to Income Statement...... Quarterly...... 40 P-2(a)...... Revenue Market Report...... Q.uarterlv ______40 District of Columbia. P -3 ...... Transport revenues; depreciation and amortization; nonoperating Quarterly...... 40 income and expense (net). International. Flight stages with one *'* * * » * . . . * * • or both terminals outside of territory T-6...... Summary of Civil Aircraft Charters...... Quarterly...... 40 under U.S. jurisdiction. •T-7...... Statistical Market Report...... Monthly...... 30 * * * * * * * * * * * * * • * * * Stops, technical. Aircraft landings made for purposes other than enplaning 5. By amending Section 24—Profit and (c) Markets to be reported are: or deplaning traffic. For purposes of Loss Elements by adding instructions for Mainland-Hawaii. identifying reporting entities, landings new Schedule P-2 (a)—Revenue Market Mainland-Alaska. made for stopover passengers are re­ Report to read: Mainland-Puerto Rico. garded as technical stops. Mainland-Bermuda. * * * * * Mainland-Bahamas. Section 24— Profit and Loss Elements Mainland-Mexico. - 2. By deleting § 05 in its entirety. ***** Hawaii-Alaska. 3. By amending § 21 (i) to read: Schedule P-2 (a)—Revenue Market and such other markets as may be des­ Section 21— Introduction to System of Report ignated by the Board. Reports 6. By amending Section 25—Traffic ***** (a) This schedule shall be filed by all and Capacity Elements by adding in­ route air carriers conducting operations structions for new Schedule T-7—Sta­ (i) Four separate entities shall be tistical Market Report to read: established for the purpose of submit­ set forth in paragraph (c) below. ting the reports hereinafter prescribed. (b) Data reflected on this schedule Section 25— Traffic and Capacity They are as follows: (1) Domestic oper­ shall be supplements to the related entity Elements ations; (2) operations via the Atlantic report in which the data are included. *****

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2822 RULES AND REGULATIONS

Schedule T-7—Statistical Market Report (Secs. 498, 624, 46 Stat. 728, as amended, 759, (29 U.S.C. 212, 213, 218) sec. 3, 59 Stat. 669; 19 U.S.C. 1498, 1624, 22 (a) This schedule shall he filed by all U.S.C. 288b) Signed at Washington, D.C., this 5th route air carriers conducting operations day of February 1970. set forth in paragraph (c) below. [ seal] Myles J. Ambrose, Commissioner of Customs. George P. S hultz, (b) Data reflected on this schedule Secretary of Labor. shall be supplements to the related en­ Approved: January 28,1970. tity report in which the data are [F.R. Doc. 70-1690; Filed, Feb. 10, 1970; Eugene T. R ossides, 8:45 a.m.] included. Assistant Secretary (c) Markets to be reported are: of the Treasury. Mainland-Hawaii. Mainland - Alaska. [F.R. Doc. 70-1704; Filed, Feb. 10, 1970; Mainland-Puerto Rico. 8:46 a.m.] Title 21— FOOD AND DRUGS Mainland-Rermuda. Mainland-Bahamas. Chapter I— Food and Drug Adminis­ Mainland-Mexico. tration, Department of Health, Edu­ Hawaii-Alaska. Title 29— LABOR cation, and Welfare and such other markets as may be desig­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS nated by the Board. Chapter XIII— Bureau of Labor Stand­ 7. By amending CAB Form 41 by ards, Department of Labor PART 121— FOOD ADDITIVES adding new Schedule P-2 (a)—Revenue Subpart F— Food Additives Resulting Market Report and new Schedule T-7— PART 1500— CHILD LABOR REGULA­ Statistical Market Report as shown in TIONS, ORDERS, AND STATEMENTS From Contact With Containers or Exhibit A attached hereto1 and incorpo­ OF INTERPRETATION Equipment and Food Additives rated herein by reference. Otherwise Affecting Food Hazardous Occupations in Agriculture (Secs. 204(a) and 407 of the Federal Aviation Closures With S ealing Gaskets for Act of 1958, as amended, 72 Stat. 743, 766; In F.R. Doc. 70-189 appearing at page F ood Containers 49 U.S.C. 1324, 1377) 221, in the issue for Wednesday, Janu­ The Commissioner of Food and Drugs, Note: The reporting requirements con­ ary 7, 1970, in the fourth to last line of tained herein have been approved by the having evaluated data in a petition § 1500.70(a) following the word “parent” (FAP 9B2384) filed by Consolidated Bureau of the Budget in accordance with the should be inserted the phrase “or by a Federal Reports Act of 1942. Cork Corp., Post Office Box 7, Piscataway, person standing in the place of his N. J. 08854, and «other relevant material, By the Civil Aeronautics Board. parent.” As changed, § 1500.70(a) reads concludes that the food additive regula­ as follows: [seal] * H arry J. Zink, tions should be amended to provide for Secretary. § 1500.70 Purpose and scope. the safe use of resorcinol as an optional [F.R. Doc. 70-1707; Filed, Feb. 10, 1970; adjuvant substance in the formulation 8:47 a.m.] (a) Purpose. Section 13(c)(2) of theof closure-sealing gaskets for food con­ Fair Labor Standards Act of 1938, as tainers. Therefore, pursuant to provi­ amended (29 U.S.C. 213(c)(2)) states sions of the Federal Food, Drug, and that the “provisions of section 12 [of the Cosmetic Act (sec. 409(c)(1), 72 Stat. Title 19— CUSTOMS DUTIES Act] relating to child labor shall apply 1786; 21 U.S.C. 348(c) (1)) and under to an employee below the age of 16 em­ authority delegated to the Commissioner Chapter I— Bureau of Customs ployed in agriculture in an occupation (21 CFR 2.120), § 121.2550(b) (5) is that the Secretary of Labor finds and [T.D. 70.47] amended by alphabetically inserting in declares to be particularly hazardous for the list of substances in table 1 a new PART 10— ARTICLES CONDITIONALLY the employment of children below the item, as follows: FREE, SUBJECT TO A REDUCED age of 16, except where such employee is employed by his parent or by a person § 121.2550 Closures with sealing gaskets RATE, ETC. standing in the place of his parent on a for food containers. Customs Exemptions Accorded Public farm owned or operated by such parent * * - * * * International Organizations and or person.” The purpose of this subpart (b) * * * is to apply this statutory provision. (5) * * * Certain Aliens Connected Therewith

F ebruary 4, 1970. T able 1 By Executive Order 11484 the Presi­ Limitations (expressed as percent by dent has designated the United Interna- weight of . closure-sealing gasket national Bureaux for the Protection of List of substances composition) Intellectual Property (BIRPI) as a pub­ * * * * * * lic international organization entitled to Resorcinol. . 0.24 percent; for use only as a reactive the free entry privileges, exemptions, and adjuvant substance employed in the immunities conferred by the Interna­ production of gelatin-bonded cork tional Organizations Immunities Act of compositions for use in lining crown December 29, 1945 (22 U.S.C. 288). closures. The gelatin so used shall be The list of public international organi­ technical grade or better. zations currently entitled to free entry privileges in § 10.30a(a) of the Customs Regulations is amended by inserting, in Any person who will be adversely af­ the order and specify with particularity proper alphabetical order, the following: fected by the foregoing order may at any the provisions of the order deemed ob­ time within 30 days from the date of its jectionable and the grounds for the ob­ Organization Executive Date publication in the F ederal R egister file jections. If a hearing is requested, the order with the Hearing Clerk, Department of objections must state the issues for the United International Health, Education, and Welfare, Room hearing. A hearing will be granted if the Bureaux for the Protection 5440, 330 Independence Avenue SW., objections are supported by grounds of Intellectual Property___ 11484 Sept. 29,1969 Washington, D.C. 20201, written objec­ legally sufficient to justify the relief tions thereto, preferably in quintupli­ sought. Objections may be accompanied cate. Objections shall show wherein the by a memorandum or brief in support 1 Filed as part of the original document. person filing will be adversely affected by thereof. '

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 RULES AND REGULATIONS 2823

Effective date. This order shall become tions may be accompanied by a memo­ Sec. effective on the date of its publication in randum or brief in support thereof. 200.73 Assistant Commissioner for Reha­ bilitation and Deputy. the F ederal R egister. Effective date. This order shall become 200.108 Director of the Management and (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. effective on the date of its publication Operations Assistance Division 348(c)(1)) in the F ederal R egister. and Deputy. Dated: February 3,1970. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. In § 200.52a paragraph (b) is amended 348(c)(1)) R. E. D uggan, to read as follows : Acting Associate Commissioner Dated: February 3, 1970. § 200.52a Assistant Commissioner for for Compliance. Field Operations and Deputy. R. E. D uggan, [F.R. Doc. 70-1685; Filed, Feb. 10, 1970; Acting Associate Commissioner * * * * * 8:45 a.m.] for Compliance. (b) To direct all field operations for [F.R. Doc. 70-1686; Filed, Feb. 10, 1970; Housing Production and Mortgage Cred­ 8:45 a.m.] it—FHA, including insurance of mort­ PART 121— FOOD ADDITIVES gages and production of low-rent public Subpart F— Food Additives Resulting housing. Expedites housing production From Contact With Containers or by developing production quotas and Title 24— HOUSING goals for all stages of processing, main­ Equipment and Food Additives taining a record of accomplishments Otherwise Affecting Food AND HOUSING CREDIT related to goals, and arranging for tech­ Mineral Oil nical assistance to the local offices as needed. The Commissioner of Food and Drugs, Chapter II— Federal Housing Adminis­ having evaluated data in a petition tration, Department of Housing and * * * * * (FAP 9B2415) filed by Indian Jute In­ Urban Development In Part 200, a new § 200.52b is added dustries’ Research Association, c/o Esso to read as follows: SUBCHAPTER A— GENERAL Research & Engineering Co., Post Office § 200.52b Director of the Mortgage In­ Box 121 Linden, N.J. 07036, and other PART 200— INTRODUCTION surance Programs Support Division relevant material, concludes that the and Deputy. food additive regulations should be Subpart D— Delegations of Basic Authority and Functions To the position of Director of the amended to add shelled nuts (including Mortgage Insurance Programs Support peanuts) to the list of foods that may be M iscellaneous Amendments used in contact with textile bags pre­ Division and under his general super­ pared from jute fiber processed with In Part 200, Subpart D, in the Table of vision to the position of Deputy Direc­ mineral oil. Therefore, pursuant to pro­ Contents the following sections are re­ tor of the Mortgage Insurance Programs visions of the Federal Food, Drug, and voked: §§ 200.57,200.61b, 200.61e, 200.65a, Support Division there is delegated the Cosmetic Act (sec. 409(c)(1), 72 Stat. 200.83, 200.83a, 200.88, 200.101, 200.102; following basic authority and functions: 1786; 21 U.S.C. 348(c) (1)) and under au­ new §§ 200.52b, 200.53, 200.54, 200.58c, (a) To expedite housing production thority delegated to the Commissioner 200.59c, 200.65b, 200.73 are added; and by developing production quotas and (21 CFR 2.120), § 121.2589(d) (2) is re­ appropriate sections headings are goals for the mortgage insurance pro­ vised to read as follows: amended as follows: § 200.56 is redesig­ grams through all stages of processing, nated as § 200.56a and a new § 200.56 is by maintaining a continuing analysis of § 121.2589 Mineral oil. added, §§ 200.58, 200.58d, 200.59, 200.59a, accomplishments related to goals, and 200.59b, 200.61, 200.62, 200.63, 200.108: by arranging for technical assistance to (d) * * * the local offices as needed. Sec. In Part 200, a new § 200.53 is added to (2) The mineral oil may be used only200.52b Director of the Mortgage Insurance read as follows: in the processing of jute fiber employed Programs Support Division and in the production of textile bags in­ Deputy. § 200.53 Director of the Publicly Fi­ tended for use in contact with the fol­ 200.53 Director of the Publicly Financed nanced Programs Support Division lowing types of food: Dry grains and Programs Support Division and and Deputy. Deputy. dry seeds (for example, beans, peas, rice, 200.54 Director of the Administrative Sup­ To the position of Director of the Pub­ and lentils); whole root crop vegetables port Division and Deputy. licly Financed Programs Support Divi­ of the types identified in § 120.34(f) of 200.56 Assistant Commissioner for Un­ sion and under his general direction to this chapter; unshelled and shelled nuts subsidized Insured Housing Pro­ the Deputy Director of the Publicly Fi­ (including peanuts); and dry animal grams and Deputy. nanced Programs Support Division there feed. The finished processed jute fiber 200.56a Director of the Single Family Di­ is delegated the following basic authority shall contain no more than 6 percent vision and Deputy. and functions: by weight of residual mineral oil. 200.58 Director of the Multifamily Divi­ sion and Deputy. (a) To expedite the production of * * * * # 200.58c Chief of the Nursing Homes and housing by developing quotas and goals Any person who will be adversely af­ Related Facilities Branch. for the publicly-financed programs, in­ fected by the foregoing order may at any 200.58d Chief of the Group Practices and cluding low-rent public housing, college time within 30 days from the date of its Nonprofit Hospitals Branch. housing, and Alaska housing, by main­ 200.59 Assistant Commissioner for Sub­ publication in the F ederal R egister file taining a continuing analysis of accom­ sidized Housing Programs and plishments related to goals, and by ar­ with the Hearing Clerk, Department of Deputy. Health, Education, and Welfare, Room ranging for specialized assistance to the 200.59a Director of the Publicly Financed local offices as needed. 5440, 330 Independence Avenue SW., Housing Division and Deputy. Washington, D.C. 20201, written objec­ 200.59b Chief of the Low Rent Housing In Part 200, a new § 200.54 is added to tions thereto, preferably in quintuplicate. Branch. read as follows : Objections shall show wherein the person 200.59c Chief of the College Housing As­ §200.54 Director of the Administrative filing will be adversely affected by the sistance Branch. Support Division and Deputy. order and specify with particularity the 200.61 Director of the Subsidized Mortgage Insurance Division and Deputy. To the position of Director of the Ad­ provisions of the order deemed objection­ 200.62 Assistant Commissioner for Tech­ ministrative Support Division and under able and the grounds for the objections. nical and Credit Standards and his general supervision to the position of If a hearing is requested, the objections Deputy. Deputy Director of the Administrative must state the issues for the hearing. A 200.63 Director of the Architecture and Support Division there is delegated the hearing will be granted if the objections Engineering Division and Deputy. following basic authority and functions : are supported by grounds legally suffi­ 200.65b Director of the Economic and Mar­ (a) To provide administrative support cient to justify the relief sought. Objec­ ket Analysis Division and Deputy. to all Housing Production and Mortgage

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2824 RULES AND REGULATIONS

Credit-FHA field office activities includ­ eral supervision to the position of Deputy In Part 200, § 200.59 the heading ing personnel, budget, and other services. Director of the Multifamily Division thereof and text are amended to read as In Part 200, § 200.56 is redesignated as there is delegated the following basic follows: § 200.56a and heading and text thereof authority and functions: § 200.59 Assistant Commissioner for amended, and a new § 200.56 is added to (a) To develop and recommend poli­ Subsidized Housing Programs and read as follows: cies and establish operating plans for Deputy. the insurance of multifamily housing § 200.56 Assistant Commissioner for To the position of Assistant Commis­ Unsubsidized Insured Housing Pro­ mortgages, exclusive of sections 221(d) grams and Deputy. (3), 221(h), 235(j), and 236; nursing sioner for Subsidized Housing Programs home mortgages; intermediate care fa­ and under his general supervision to the To the position of Assistant Commis­ cilities; equity investments in multifam­ position of Deputy Assistant Commis­ sioner for Unsubsidized Insured Housing ily housing; and mortgages for the con­ sioner for Subsidized Housing Programs Programs and under his general super­ struction and equipment of facilities for there is delegated the following basic au­ vision to the position of Deputy Assistant the group practice of medicine and non­ thority and functions: Commissioner for Unsubsidized Insured profit hospitals. (a) To act with the Commissioner and Housing Programs there is delegated the (b) To provide technical advice and under his direction in the determination following basic authority and functions: guidance to consumer groups concern­ of basic policy and be a member of the (a) To develop and recommend poli­ ing the organization and financing of Executive Board. cies and establish operating plans and cooperative housing projects. Ob) To develop and recommend poli­ procedures for the insurance and servic­ (c) To be responsible for the adminis­ cies and establish operating plans and ing of home mortgages other than those tration of FHA’s responsibility With re­ procedures for the administration .of the insured under §§ 221(h), 235, and 237. spect to the nonprofit hospital mortgage low-rent public housing program from (b) To develop and recommend poli­ insurance program and for coordination preapplication through the final accept­ cies and establish operating plans and with the Department of Health, Educa­ ance of the completed construction, and procedures for the insurance of multi- tion, and Welfare on the program. for the closing of the construction con­ family housing mortgages under sections In § 200.58b, paragraphs (a) and (b) tract; or, in the case Of a project 207, 213, 231, 234, and 221(d) (4), nurs­ are amended to read as follows: acquired or leased after completion, from ing homes, intermediate care facilities, preapplication through acceptance of the group practice facilities, and nonprofit § 200.58b Chief of the Cooperative and completed project and acquisition of title hospitals. Condominium Housing Branch. ***** or leasehold interest. (c) To approve or cancel the approval (c) To develop and recommend poli­ of financial institutions as approved (a) To develop and recommend pol­cies and establish operating plans and mortgagees. icies, procedures and requirements for procedures for the administration of the (d) To act with the Commissioner and the insurance of cooperative housing Alaska housing program, the college under his direction in the determination mortgages and condominium mortgages. housing program, and the elderly hous­ of basic policy and be a member of the Ob) To provide technical advice and ing program under section 202 from pre­ Executive Board. guidance to consumer groups concerning application through construction com­ § 200.56a Director of the Single Family the organization and financing of co­ pletion, determination of the final loan Division and Deputy. operative housing projects. and/or grant amount, and final closing In Part 200, a new § 200.58c is added and execution of the loan and/or grant To the position of Director of the to read as follows: Single Family Division and under his documents. general supervision to the Deputy Di­ § 200.58c Chief of the Nursing Homes (d) To control the utilization of funds rector of the Single Family Division, and Related Facilities Branch. and contract authority available for the there is delegated the following basic To the Chief of the Nursing Homes production of housing under the low- authority and functions: and Related Facilities Branch, there is rent public housing program, the College (a) To develop and recommend poli­ delegated the following basic authority Housing Assistance Program and the cies and establish operating plans and and functions : Assistance Program for Alaska Housing; procedures for the insurance of home (a) To develop and recommend pol­ funds available for the direct loan pro­ mortgages, other than those insured un­ icies, procedures, requirements, and gram for housing for the elderly or methods of operation for the insurance handicapped; contract authority for the der sections 221(h), 235, and 237. rent supplement, homeownership assist­ (b) To approve or cancel the approval of mortgages for nursing homes and in­ termediate care facilities. ance, and rental housing assistance pro­ of financial institutions as approved grams, and special assistance funds mortgagees. (b) To be responsible for. administra­ tion of the insurance programs for nurs­ under the section 221 below market in­ (c) To supervise activities in connec­ ing homes and intermediate care terest rate program to, insure appropri­ tion with the Certified Agency Program facilities. ate distribution and fund accountability and to designate, qualify and certify ap­ In § 200.58d the heading thereof and and to make available on a continuing proved mortgagees as agents of the Fed­ text are amended to read as follows : basis information on project and pro­ eral Housing Administration to process gram status on all the abovementioned mortgage insurance applications and § 200.58d Chief of the Croup Practices programs. issue commitments for insurance. and Nonprofit Hospitals Branch. (e) To develop and recommend poli­ (d) To review and evaluate home To the position of Chief of the Group cies and establish operating plans and mortgage insurance default experience, Practices and Nonprofit Hospitals procedures for the insurance of multi­ and to provide technical advice and Branch there is delegated the following family housing mortgages under section guidance to approved mortgagees and basic authority and functions: 221 (d) (3), exclusive of prescribing forms field offices on insured home mortgage (a) To develop and recommend pol­ and procedures for cooperatives and servicing problems. icies, procedures, requirements, and condominiums; for iiisurance of mort­ In Part 200, § 200.57 is revoked as methods of operation for the insurance gages under the rent supplement pro­ follows: of mortgages for the construction and gram, and the rental housing assistance equipment of facilities for the group program; for insurance and servicirig of § 200.57 [Revoked] practice of medicine and for nonprofit mortgages under sections 235 and 237, In § 200.58 the heading thereof and hospitals. and for technical and loan assistance to text are amended to read as follows: (b) To be responsible foi* the adminis­ nonprofit sponsors of low and moderate income housing. § 200.58 Director of the Multifamily Di­ tration of FHA’s responsibility with re­ vision and Deputy. * spect to the nonprofit hospital mortgage (f ) To act for the Commissioner in ap­ insurance program and for coordination proving applications for financial as­ To the position of Director of the with the Department of Health, Educa­ sistance and in approving the waiver of Multifamily Division and under his gen­ tion, and Welfare on the program. repayment of loans made under section

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 RULES AND REGULATIONS 2825

106 of the Housing and Urban Develop­ gram from preapplication through the Appalachian Regional Development Act ment Act of 1968 and section 207 of the final acceptance of the completed con­ of 1965, as amended; in approving the Appalachian Regional Development Act struction, and for the closing of the con­ waiver of interest on such loans made to of 1965, as amended; in approving the struction contract; or, in the case of a nonprofit organizations under the Ap­ waiver of interest on such loans made to project acquired or leased after com­ palachian Regional Development Act of nonprofit organizations under the Ap­ pletion, from preapplication through ac­ 1965; and in providing technical assist­ palachian Regional Development Act of ceptance of the completed project and ance to nonprofit sponsors authorized 1965; and in providing technical assist­ acquisition of title or leasehold interest. under the 1969 Amendments to the Ap­ ance to nonprofit sponsors authorized (b) To control the contract authoritypalachian Regional Development Act. under the 1969 Amendments to the Ap­ and funds available for the production (c) To approve or direct the approval palachian Regional Development "Act. of housing under the low-rent public of loans for housing for the elderly or (g) To approve or direct the approvalhousing program, and to make available handicapped under section 202 of the of loans for housing for the elderly or on a continuing basis information on Housing Act of 1959, including full au­ handicapped under section 202 of the project and program status. thority to make contracts, sign and Housing Act of 1959, including full au­ In Part 200, a new § 200.59c is added to execute documents, and take any action thority to make contracts, sign and ex­ read as follows: incident thereto, and to be responsible ecute documents, and take any action § 200.59c Chief of the College Housing for conversion of section 202 projects to incident thereto, and to be responsible . Assistance Branch. insured private financing with interest for conversion of section 202 projects to assistance under section 236 of the Na­ insured private financing with interest To the position of Chief of the College tional Housing Act. assistance under section 236 of the Na­ Housing Assistance Branch there is dele­ In Part 200, § 200.61b is revoked as tional Housing Act. gated the following basic authority and follows: In Part 200, § 200.59a the heading functions: thereof and text are amended to read as (a) To develop and recommend poli­ § 200.61b [Revoked] follows: cies and establish operating plans and In Part 200, § 200.6Id is amended to procedures for the administration of the read as follows: § 200.59a Director of the Publicly Fi­ College Housing Program from preappli­ nanced Housing Division and Deputy. cation through construction completion, § 200.61d Chief of the Homeownership To the position of Director of the Pub­ determination of the final loan and/or Assistance Branch. licly Financed Housing Division and grant amount, and final closing and ex­ To the position of Chief of the Home- under his general supervision to the ecution of the loan and/or grant ownership Assistance Branch there is position of Deputy Director of the Pub­ documents. delegated authority to develop and rec­ licly Financed Housing Division there is (b) To maintain control of the funds ommend policies and establish operating delegated the following basic authority available for the College Housing Pro­ plans and procedures for the insurance and functions: gram to insure appropriate distribution and servicing of mortgages under sec­ (a) To be responsible for administra­ and fund accountability. tions 235(i) and 237, and for adminis­ tion of the low-rent public housing pro­ In Part 200, § 200.61 the heading tration of the contract authority under gram from preapplication through the thereof and text are amended to read the homeownership assistance program. final acceptance of the completed con­ as follows: In Part 200, § 200.61e is revoked as struction, and for the closing of the con­ follows: r struction contract; or, in the case of a § 200.61 Director of the Subsidized project acquired or leased after com­ Mortgage Insurance Division and § 200.61e Chief of the Elderly Housing pletion, from preapplication through ac­ Deputy. Assistance Branch. ceptance of the completed project and To the position of Director of the Sub­ § 200.61e [Revoked] acquisition of title or leasehold interest. sidized Mortgage Insurance Division and (b) To develop and recommend poli­ under his general supervision to the posi­ In Part 200, § 200.61f is amended to cies and establish operating plans and tion of Deputy Director of the Subsidized read as follows: procedures for the administration of the Mortgage Insurance Division there is § 200.61f Chief of the M ultifamily Alaska housing program, the college delegated the following basic authority Housing Assistance Branch. housing program, and the elderly hous­ and functions: ing program under section 202 from pre- (a) To develop and recommend poli­ To the position of Chief of the Multi­ application through construction com­ cies and establish operating plans and family Housing Assistance Branch there pletion, determination of the final loan procedures for the insurance of multi­ is delegated the following basic authority and/or grant amount, and final closing family housing mortgages under section and functions: and execution of the loan and/or grant 221(d) (3), exclusive of prescribing forms (a) To develop and recommend poli­ documents. and procedures for cooperatives and con­ cies and establish operating procedures (c) To control the utilization of funds dominiums; for insurance of mort­ for the insurance of mortgages under and contract authority available for the gages under the rent supplement pro­ section 221(d)(3), section 236, and the production of housing under the low-rent gram, the rental housing assistance pro­ rent supplement program. public housing program, the College gram, and the credit assistance pro­ (b) To be responsible for the utiliza­ Housing Assistance Program, and the gram; for insurance and servicing of tion and control of the contract author­ Assistance Program for Alaska Housing mortgages under sections 235 and 237; ity for the rent supplement program, the to insure appropriate distribution and for technical and loan assistance to non­ homeownership assistance program, and fund accountability, and to make avail­ profit sponsors of low and moderate in­ the rental housing assistance program; able on a continuing basis information come housing; and for control and utili­ for the approval of loans under the direct on project and program status on the zation of contract authority under the loan program for housing the elderly or above-mentioned programs. rent supplement program, the home- handicapped under section 202 of the In Part 200, § 200.59b the heading ownership assistance program, and the Housing Act of 1959, and for conversion thereof and text are amended to read as rental housing assistance program and of section 202 projects to insured private follows: of allocations of special assistance funds financing with interest assistance under § 200.59b Chief of the Low Rent Hous­ under the section 221(d) (3) below-mar- section 236 of the National Housing Act. ing Branch. ket interest rate program. (c) To approve applications for finan­ To the position of Chief of the Low (b) To act for the Commissioner in cial assistance and the waiver of repay­ Rent Housing Branch, there is dele­ approving applications for financial as­ ment of loans made under section 106 of gated the following basic authority and sistance and in approving the waiver of the Housing and Urban Development Act functions: repayment of loans made under section of 1968 and section 207 of the Appa­ (a) To be responsible for administra­ 106 of the Housing and Urban Develop­ lachian Regional Development Act of tion of the low-rent public housing pro­ ment Act of 1968 and section 207 of the 1965, as amended; to approve the waiver

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2826 RULES AND REGULATIONS of interest on such loans made to non­ In § 200.64 a new paragraph (c) is housing program, and the Alaska hous­ profit organizations under the Appala­ added as follows: ing program. chian Regional Development Act of 1965, § 200.64 Director of the Appraisal and * * * * * and to provide technical assistance to Mortgage Risk Division and Deputy. In § 200.67, paragraph (c) is amended nonprofit sponsors under the Appa­ * H« * * * to read as follows : lachian Development program. In Part 200, § 200.63 the heading there­ (c) To develop policies, standards, and*§ 200.67 Director of the Program Divi­ of ; the introductory text, and paragraph procedures for land acquisition functions sion and Deputy. (b) are amended; and a new paragraph and for appraisal and real estate tax * H« H« * * (c) is added to read as follows: and title functions for land acquisi­ (c) To assist and advise with respect § 200.62 Assistant Commissioner for tion and disposition programs of the to the development and evaluation of Technical and Credit Standards and Department. legislative proposals affecting the in­ Deputy. In § 200.65 paragraph (b) is amended surance programs of the Federal Housing to read as follows: Administration, the low-rent public To the position of Assistant Commis­ housing program, the college housing sioner for Technical and Credit Stand­ § 200.65 Assistant Commissioner for Pro­ grams and Deputy. program, and the Alaska housing ards and under his general supervision program. to the position of Deputy Assistant Com­ Hi Hi Hi Hi Hi * * * * * missioner for Technical and Credit (b) To be responsible to the Commis­ Standards there is delegated the follow­ sioner for the coordination and general Ip § 200.68, paragraphs (a) and (d) ing basic authority and functions: supervision of the Program Division, are amended and new paragraphs (n) * 4c He * * the Research and Statistics Division, and and (o) are added to read as follows: (b) To be responsible for coordina­ the Economic and Market Analysis Divi­ § 200.68 Assistant Commissioner for Ad­ tion and general supervision of the sion comprising the functions of co­ ministration and Deputy. Architecture and Engineering Division, ordination of the development and * * * * He the Appraisal and Mortgage Risk Divi­ formulation for the approval of the sion and the Land Development Division Commissioner of basic programs and (a) To be responsible for administra­ comprising the functions of establish­ related policies and program planning, tive-management functions of the Fed­ ing and maintaining standards, methods, the appraisal of programs and program eral Housing Administration; organiza­ procedures, and techniques in the areas objectives, the maintenance of a program tional structures and related matters; of architecture and engineering, con­ of housing market analyses to serve all budget activities ; administrative staff struction cost, land planning, mortgage elements of the Department, advice and planning and coordination of agency credit, valuation, the selection and rating counsel on economic problems, conduct operations analysis activities; contract­ of mortgage risk, the provision of tech­ of actuarial studies, the provision of a ing for credit reports; management sur­ nical advice and guidance in these fields complete actuarial service for all insur­ veys, forms and records management ; to all organizational elements of the ance programs, and statistics on the coordination and maintenance of the Administration; the evaluation of the property improvement loan program and FHA manual, directives, and other is­ technical suitability of products and ma­ housing produced or rehabilitated under suances and instructional material; terials under section 521 of the National the FHA mortgage insurance programs, planning and liaison with the Assistant Housing Act, as amended; the formula­ the low rent public housing program, the Secretary for Administration on ad­ tion of policies, standards, and guide­ college housing program, and the Alaska ministrative-management matters in housing program. general, with the HUD Office of Per­ lines with respect to the technical sonnel on personnel policies and pro­ aspects of the development of low-rent In Part 200, § 200.65a is revoked as cedures and on FHA personnel problems, housing, and the direction of the land follows: and with the HUD Office of General development program. § 200.65a [Revoked] Services on general services required for (c) To be responsible for the develop­ the operation of the Federal Housing ment of policies, standards, and proce­ In Part 200, a new § 200.65b is added as follows: Administration; review of departmental dures for land acquisition functions and compliance cases, referral of such cases for appraisal and real estate tax and title § 200.65b Director of the Economic and to the Office of Investigation, HUD, and functions for land acquisition and dis­ Market Analysis Division and Deputy. liaison with the Office of Investigation on position programs of the Department. To the position of Director of the the disposition of the cases; and to be in In Part 200, § 200.63 the heading charge of the Budget Division, the thereof and the introductory text are Economic and Market Analysis Division and under his general supervision to the Management and Operations Assistance amended, and a new paragraph (c) is Division, the Office of Compliance Co­ added to read as follows: position of Deputy Director of the Eco­ nomic and Market Analysis Division ordination, and the Operations Analysis § 200.63 Director of the Architecture there is delegated the following basic Staff. and Engineering Division and authority and functions: ***** Deputy. (a) To maintain a program of housing (d) To execute or cause to be executed To the position of Director of the market analysis to serve all elements of under his direction contracts for credit Architecture and Engineering Division the Department, including related eco­ reports. and under his general supervision to the nomic, income limit, and rent schedule Deputy Director of the Architecture and analyses. * * * * * Engineering Division, there is delegated In § 200.66, paragraph (b) is deleted (n) To act for the Assistant Secre­ the following basic authority and and paragraph (c) is amended to read tary-Commissioner, on any administra­ functions: as follows: tive matter not otherwise acted upon or * * * Ht * assigned, and exercising any redelegable § 200.66 Director of the Research and authority of the Commissioner on budget, (c) To be responsible for the formula­ Statistics Division and Deputy. tion of policies, standards, and guide­ organization, personnel and other admin­ lines relative to the technical aspects of $ $ $ * * istrative matters (including training, dis­ the development of low-rent housing in­ (b) [Deleted! ciplinary actions, hours of duty, over­ cluding site selection, site planning proj­ (c) To maintain a program of housing time, and awards) except as the Com­ ect design, and project planning and to statistics and statistics on the property missioner or his Deputy may personally develop policy and guidelines for Re­ improvement loan program and housing act or otherwise specifically assign. gional Office use in preparing appropriate produced or rehabilitated under the FHA (o) To be responsible for the review cost standards for low-rent public mortgage insurance programs, the low- and recommendation of approval, dis­ housing. rent public housing program, the college approval, or cancellation of approval of

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 RULES AND REGULATIONS 2827 financial institutions as approved mort­ Administration; Assistant Commissioner gagees and of firms or individuals for Rehabilitation; and Assistant Com­ Title 31— MONEY AND as authorized agents for approved missioner-Comptroller. mortgagees. In § 200.87, paragraph (a) is amended FINANCE: TREASURY In § 200.72 the introductory text is to read as follows: amended, paragraph (h) is deleted, and Chapter II— Fiscal Service, paragraph (m) is amended to read as § 200.87 Management Improvement Department of the Treasury Committee. follows : SUBCHAPTER B— BUREAU OF THE PUBLIC DEBT (a) Members. The Management Im­ § 200.72 Director of the Management PART 316— OFFERING OF UNITED and Operations Assistance Division provement Committee is comprised of the and Deputy. following members: Director of the STATES SAVINGS BONDS, SERIES E Management and Operations Assistance To the position of Director of the Man­ Division, Chairman; and one designee of Notice of Termination of Sale of U.S. agement and Operations Assistance Divi­ each of the following: Assistant Com­ Savings Stamps sion and under his general supervision missioner-Comptroller; Assistant Com­ to the Deputy Director of the Manage­ The sale of U.S. Savings Stamps, missioner for Unsubsidized Insured offered pursuant to section 316.6(c) of ment and Operations Assistance Divi­ Housing Programs; Assistant Commis­ sion there is delegated the following basic Treasury Department Circulars No. 653, sioner for Property Improvement; As­ Eighth Revision, dated December 12, authority and functions: sistant Commissioner for Technical and * * * * 1969 (31 CFR 316.6(c)), and No. 1008, Credit Standards; Assistant Commis­ First Revision, dated August 12, 1960 (31 (h) [Revoked] sioner for Subsidized Housing Programs; CFR Part 338), is hereby terminated ef­ ♦ * * * * and Director of Budget Division. fective at the close of business June 30, (m) To be responsible for the review ♦ * * * * 1970. Sale of 4he stamps is terminated and recommendation of approval, dis­ In Part 200, § 200.88 is revoked as under authority of the Second Liberty approval, or cancellation of approval of follows: Bond Act, as amended (40 Stat. 288, as amended; 31 U.S.C. 757c(c)), and 5 financial institutions as approved mort­ § 200.88 [Revoked] gagees and of firms or individuals as au­ U.S.C. 301. Notice and public procedures thorized agents for approved mortgagees. In Part 200, § 200.101 is revoked as thereon are unnecessary as public prop­ In Part 200, a new § 200.73 is added as follows: erty and contracts are involved. follows: § 200.101 [Revoked] Dated: February 5,1970. § 200.73 Assistant Commissioner for In Part 200, § 200.102 is revoked as [seal] J ohn K. Carlock, Rehabilitation and Deputy. follows : Fiscal Assistant Secretary. To the position of Assistant Commis­ § 200.102 [Revoked] [F.R. Doc. 70-1703; Filed, Feb. 10, 1970; sioner for Rehabilitation and under his 8:46 a.m.] general supervision to the position of In Part 200, § 200.108 the heading Deputy Assistant Commissioner for Re­ thereof and introductory text are habilitation, there is delegated the fol­ amended to read as follows, and para­ lowing basic authority and functions: graph (b) is revoked: f Title 38— PENSIONS, BONUSES, (a) To develop and recommend poli­ § 200.108 Director of the Management cies and procedures for housing rehabili­ and Operations Assistance Division AND VETERANS’ RELIEF tation under all FHA mortgage insur­ and Deputy. ance programs, and to provide technical Chapter I— Veterans Administration advice and assistance to the field offices To the position of Director of the on housing rehabilitation and training Management and Operations Assistance PART 3— ADJUDICATION on rehabilitation techniques. Division and under his general supervi­ Subpart A— Pension, Compensation, (b) To act with the Commissioner and sion to the position of Deputy Director of the Management and Operations As­ and Dependency and Indemnify under his direction in the determina­ Compensation tion of basic policy and be a member of sistance Division, there is delegated the the Executive Board. following basic authority and functions: Miscellaneous Amendments In Part 200, § 200.83 is revoked as ♦ * * * ÿ 1. In § 3.5, paragraph (e) is amended follows: (b) [Revoked] to read as follows: § 200.83 [Revoked] (Sec. 2, 48 Stat. 1246, as amended; sec. 211, § 3.5 Dependency and indemnity com­ 52 Stat. 23; as amended; sec. 607, 55 Stat. 61, pensation. In Part 200, § 200.83a is revoked as as amended; sec. 712, 62 Stat. 1281, as * # * * ♦ follows: amended; sec. 907, 65 Stat. 301, as amended; (e) Widow’s rate. (1) The monthly § 200.83a [Revoked] sec. 807, 69 Stat. 651, as amended; 12 U.S.C. 1703, 1715b, 1742, 1747k, 1748f, 1750f) rate of dependency and indemnity com­ In Part 200, § 200.85 is amended to pensation for a widow is based on the read as follows: Issued at Washington, D.C., effective “pay grade” of the veteran. This rate is February 7,1970. subject to increase as provided in sub- § 200.85 Executive Board. [seal] Eugene A. Gulledge, paragraph (3) of this paragraph. (38 (a) Members. The committee called Federal Housing Commissioner. U.S.C. 411(a); Public Law 91-96, 83 Stat. the Executive Board is comprised of the 144.) following members: Assistant Secre­ [F.R. Doc. 70-1705; Filed, Feb. 10, 1970; (2) The Secretary of the concerned tary-Commissioner, Chairman; Deputy 8:47 am.] service department will certify the “pay Assistant Secretary, Vice Chairman; Ex­ grade” of the veteran and the certifica­ ecutive Assistant Commissioner; Assist­ tion will be binding on the Veterans Ad­ ant Commissioner for Field Operations; Chapter VI— President’s Committee ministration. (38 U.S.C. 421; Public Law Assistant Commissioner for Subsidized on Equal Opportunity in Housing 91-96, 83 Stat. 144.) Housing Programs; Assistant Commis­ DISCONTINUANCE OF CHAPTER (3) If there is a widow with one or sioner for Unsubsidized Insured Housing more children under the age of 18 (in­ Programs; Assistant Commissioner for Editorial N ote: Codification of Title cluding a child not in the widow’s actual Property Improvement; Assistant Com­ 24, Chapter VI, of the Code of Federal or constructive custody and a child who missioner for Technical and Credit Regulations is hereby discontinued. (For is in active military, air, or naval serv­ Standards; Assistant Commissioner for material relating to Fair Housing Pro­ ice), the total amount payable shall be Programs; Assistant Commissioner for cedures, see 24 CFR Part 71.) increased by $20 for each child. (38

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 No. 20 3 2828 RULES AND REGULATIONS U.S.C. 411(b); Public Law 91-96; 83 Stat. 5. In § 3.501, paragraph (m) is 1. Paragraph (a) of § 1.15 is amended 144.) amended to read as follows: by deleting the word “division” and in­ 2. In § 3.351, the headnote and para­ § 3.501 Veterans. serting in lieu thereof “group art unit graph (a) are amended to read as and name of the examiner”. follows: The effective date of discontinuance of pension or compensation to or for a § 3.351 Special monthly dependency veteran will be the earliest of the dates and indemnity compensation, death stated in this section. Where an award Title 43— PUBLIC LANDS: compensation and pension ratings. is reduced, the reduced rate will be pay­ (a) Aid and attendance; general. Ad­ able the day following the date of dis­ ditional pension for veterans in need of continuance of the greater benefit. INTERIOR regular aid and attendance is provided ***** Chapter II— Bureau of Land Manage­ ment, Department of the Interior for Indian War veterans (38 U.S.C. 511); (m) Temporary increase (38 U.S.C. Spanish-American War veterans (38 3012(b) (8); § 4.29 of this chapter). Last APPENDIX— PUBLIC LAND ORDERS U.S.C. 512); and for veterans of World day of month in which hospitalization or War I, World War II, the Korean con­ [Public Land Order 4755] treatment terminated, whichever is ear­ [Idaho 2958] flict or the Vietnam era (38 U.S.C. 521). lier, where temporary increase in com­ Additional pension for widows in need pensation was authorized because of hos­ IDAHO of regular aid and attendance is provided pitalization for treatment. for widows of veterans of all periods of Partial Revocation of Reclamation 6. In § 3.502, paragraphs (a) and (b) war, including those entitled to pension Project Withdrawal under the law in effect on June 30, 1960, are amended to read as follows: based on service in World War I, World § 3.502 Widows. Correction War n or the Korean conflict (38 U.S.C. The effective date of discontinuance In F.R. Doc. 70-178 appearing at page 544 and 521 Note). Additional depend­ of pension, compensation, or dependency 226 in the issue of Wednesday, Janu­ ency and indemnity compensation and ary 7, 1970, the first entry under “T. 12 death compensation for widows in need and indemnity compensation to or for a widow will be the earliest of the dates N., R. 7 E.,” should read “Sec. 29, NE^, of regular aid and attendance is provided N^NW’A, N&SE^, SEy4SEy4;”. for widows of veterans of all periods of stated in this section. Where an award service. (38 U.S.C. 322(b), 411(c); JPub- is reduced, the reduced rate will be pay­ able the day following the date of dis­ lic Law 91-96, 83 Stat. 144.) continuance of the greater benefit. * * * * * (a) Additional allowance of depend­ Title 47— TELECOMMUNICATION 3. In § 3.459, paragraph (b) is amend­ ency and indemnity compensation for Chapter I— Federal Communications ed to read as follows: children (§ 3.5(e) (3)). Day preceding Commission § 3.459 Death compensation. child’s 18th birthday or last day of ♦ * * * * month in which child’s marriage oc­ [Docket No. 18765; FOC 70-133] curred (see § 3.500 (n) (2) and (3)), Ob) The widow may not be paid less whichever is earlier. PART 73— RADIO BROADCAST than $65 monthly in wartime cases or SERVICES $52 monthly in peacetime cases plus the (b) Pay grade; dependency and in­ amount of an aid and attendance allow­ demnity compensation (38 U.S.C. 411(a), FM Broadcast Stations, Table of ance where applicable. 3012(b) (10); Public Law 91-96, 83 Stat. Assignments, New Bern, N.C. 4. In § 3.461(b) , subparagraphs (1), 144). Date of last payment when rate is reduced because of new certification of In the matter of amendment of (2), and (3) are amended to read as § 73.202, Table of Assignments, FM follows: pay grade. ***** Broadcast Stations (New Bern, N.C.), § 3.461 Dependency and indemnity (72 Stat. 1114; 38 U.S.C. 210) RM-1432. compensation* Report and order. 1. The Commission ***** These VA regulations are effective De­ has before it for consideration its notice (b) Rates payable. (1) The share for cember 1, 1969. of proposed rule making (FCC 69-1348, each of the children under 18 years of Approved: February 4, 1970. 34 F.R. 19771) released December 12, age, including those in the widow’s cus­ 1969, in which comments were invited tody as well as those who are not in By direction of the Administrator. on a proposal to substitute Channel 293 her custody, will be $35 per month. The [ seal] F red B. R hodes, for Channel 257A at New Bern, N.C. The share for the widow will be the difference Deputy Administrator. notice was in response to a petition filed between the children’s shares and the JF.R. Doc. 70-1706; Filed, Feb. 10, 1970; by V.W.B., Inc., permittee of Station total amount payable. In the application 8:47 am.] WVWB—FM, Bridgeton, N.C. of this rule, however, the widow’s share 2. Petitioner presently holds a con­ will not be reduced to an amount less struction permit granted November 29, than 50 percent of that to which she 1965, for Station WVWB-FM, Bridgeton, would otherwise be entitled. Title 37— PATENTS, TRADE­ N.C., specifying Channel 249A. Channel (2) The additional amount of aid and 249A, then listed in the table for New attendance, where applicable, will be Bern, was authorized for use at Bridge- added to the widow’s share and not MARKS, AND COPYRIGHTS ton under the provisions of § 73.203(b) of the rules, since the communities are otherwise included in the computation. Chapter 1—Patent Office, Department (3) Where the death occurred prior to essentially adjacent to each other. By an January 1, 1957, and the widow has of Commerce order released October 30, 1967, in elected to receive dependency and in­ Docket No. 17627 (FCC 67-1179), the PART 1— RULES OF PRACTICE IN channel listed in the table for New Bern demnity compensation, the share of de­ PATENT CASES pendency and indemnity compensation was changed from 249A to 257A. The for a child or children under 18 years of PART 3— FORMS FOR PATENT CASES order further provided that the WVWB- age will be whichever is the greater: FM construction permit was modified to (i) The apportioned share computed Updating of Rules and Forms specify operation on Channel 257A, sub­ ject to the permittee advising the Com­ under subparagraph (1) of this para­ Correction graph; or mission of its consent to the modification (ii) The share which would have been Paragraph No. 1 in F.R. Doc. 69-14030, by November 8, 1967. W.V.B. contends payable as death compensation but not appearing in the first column of page that it was not advised of the change in excess of the total dependency and 18857 of the F ederal R egister for order and that it consequently completed Wednesday, November 26,1969, should be construction on Channel 249A as origi­ indemnity compensation. nally authorized. The Commission set * • * * • corrected to read as follows:

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY IT , 1970 RULES AND REGULATIONS 2829

aside program test authority inad­ 8. It is further ordered, That this pro­SCATANA applies to radio navigation vertently granted for Station WVWB- ceeding is terminated. stations authorized by the Commission PM on Channel 249A, but authorized the (Secs. 4, 303, 307, 48 Stat., as amended, 1066, as follows: station to operate on the channel under 1082, 1083; 47 TJ.S.C. 154, 303, 307) * * * * * a special temporary authority pending Adopted: February 4,1970. [F.R. Doc. 70-1712; Filed, Feb. 10, 1970; resolution of the conflict. Since Channel 8:47 a.m.] 249A is now assigned to Washington, Released: February 6,1970. N.C., some 30 miles from WVWB-PM’s temporary operation on the same chan­ F ederal Communications nel, it is necessary that the station Commission, Title 49— TRANSPORTATION change to another channel so as to [ seal] B en F. W aple, retain what appears to be the only Secretary. Chapter X— Interstate Commerce channel available to Washington. [F.R. Doc. 70-1711; Filed, Feb. 10, 1970; Commission 3. V.W.B. states that it determined 8:47 a.m.] from a study of the matter that Channel SUBCHAPTER A— GENERAL RULES & REGULATIONS 293 could be “dropped in” at New Bern PART 87— AVIATION SERVICES without any other changes in the table PART 1043— SURETY BONDS AND and thereby permit WVWB-FM to be National Defense POLICIES OF INSURANCE changed to a Class C station. It is sub­ mitted that such change would not be Order. 1. The amendments of Part 87 PART 1084— SURETY BONDS AND appreciably more costly than switching of the rules and regulations set forth POLICIES OF INSURANCE the present WVWB-FM operation over to below are editorial in nature: Changes Channel 257A. It is also urged that the in Subpart Q—National Defense reflect [Ex Parte No MO-5] permissible facilities on Channel 293, as revocation of Executive Order 10312 and [Ex Parte No. 159] compared to Channel 257A, would enable its being superseded by Executive Order it to serve a substantial area with a first 11490. Forms and Procedure FM service, based on presently author­ 2. Authority for the attached amend­ ments is contained in sections 4(i) and At a session of the Interstate Com­ ized services in the area, without any merce Commission, the Insurance Board, compromise to making future assign­ 303 (r) of the Communications Act of 1934, as amended, 47 U.S.C. 154 (i) and held at its office in Washington, D.C., on ments in the area. A showing is made the 29th day of January 1970. that the WVWB-FM transmitter site 303(r), and § 0.261, Part 0 of the rules and regulations. Because the amend­ In the matter of security for the pro­ would just satisfy the minimum mileage tection of the public as provided in Part requirements on the proposed channel.- ments relate to national defense and since they are editorial in nature, the II of the Interstate Commerce Act, and 4. We concur with petitioner’s show­ prior notice and effective date provisions of rules and regulations governing filing ings as to potential new service, the of surety bonds, certificates of insur­ meeting of separation requirements, and of section 4 of the Administrative Pro­ cedure Act, 5 U.S.C. 553, do not apply. ance, qualifications as a self-insurer, or lack of adverse preclusion impact that other securities and agreements by motor would result from the proposed assign­ In view of the foregoing: It is ordered, carriers and brokers subject to Part II ment. There were no adverse comments Effective February 13, 1970, that Part 87 of the Interstate Commerce Act. filed in response to the notice. In view of the rules and regulations is amended In the matter of security for the pro­ of these considerations, we are of the as set forth below. tection of the public as provided in Part opinion that adoption of the proposal to (Bees. 4, 803, 48 Stat., as amended, 1066, IV of the Interstate Commerce Act, and substitute Channel 293 for Channel 257A 1082; 47 U.S.C. 154, 303) of rules and regulations governing filing at New Bern, N.C., would be in the public Adopted: February 4,1970. and approval of surety bonds, policies of interest. We are therefore amending the insuranpe, qualifications as a self-in­ table and modifying the WVWB-FM Released: February 5, 1970. surer, or other securities and agreements construction permit accordingly. F ederal Communications by freight forwarders subject to Part IV 5. Authority for the adoption of the Commission, of the Act. amendment contained herein is con­ [seal] B en F. Waple, It appearing, That amendment of tained in sections 4(i), 303, 307(b), and Secretary. § 1043.7(e) of Part 1043 of Title 49 of the 316 of the Communications Act of 1934, Code of Federal Regulations governing as amended. Part 87 of Chapter I of Title 47 of the the filing of insurance or other security 6. In ^accordance with the determina­ Code of Federal Regulations is amended for the protection of the public, under tions above, It is ordered, That effective as follows: the authority contained in Section 215 March 16, 1970, § 73.202 of the Commis­ 1. Authority in Suibpart Q—National of the Interstate Commerce Act (49 Stat. sion’s rules, the FM Table of Asignments, Defense is revised to read as follows: 557, as amended; 49 U.S.C. 315) and that amendment of § 1084.8(f) of Part 1084 is amended to read, insofar as the com­ Authority : The provisions of this Suibpart munity named is concerned, as follows: Q issued under sec. 606, 48 Stat. 1104, as of Title 49 of the Code of Federal1 Regu­ lations governing the filing of insurance Channel amended, 47 U.S.C. 606; Executive Order 11490, 34 F.R. 17567. or other security for the protection of City No. the public, under the authority contained New Bern, N.C______293 2. In § 87.607, the introductory text is in section 403 (c) and (d) of the Inter­ 7. It is further ordered, That, effectiverevised to read as follows: state Commerce Act (56 Stat. 285; 49 March 16, 1970, the outstanding con­ § 87.607 Security Control of Air Traffic U.S.C. 1003) is warranted, and good struction permit of V.W.B., Inc., for the and Air Navigation Aids (SCATANA). cause appearing therefor ; construction of Station WVWB-FM on It further appearing, That pursuant A plan for the Security Control of Air to section 553 of the Administrative Pro­ Channel 249A at Bridgeton, N.C., is Traffic and Air Navigation Aids has been modified to specify operation on Channel cedure Act (5 U.S.C. 553) for good cause 293 in lieu of Channel 249A, subject to promulgated in furtherance of the Na­ it is found that notice of proposed rule tional Security Act of 1947, as amended, making is unnecessary; the following condition: the Federal Aviation Act of 1958, the (a) Permittee shall submit to the It is ordered, That paragraph (e) of Communications Act of 1934, as § 1043.7 of Title 49 of the Code of Fed­ Commission by March 16,1970, technical amended, and Executive Order 11490. information conforming with the rules of eral Regulations be, and it is hereby, This plan defines the responsibilities of amended to read as follows: the type normally required for the issu­ the Federal Communications Commis­ ance of a construction permit on Chan­ sion for the security control of accurate § 1043.7 Forms and procedure. nel 293. non-Federal air navigation aids. *****

FEDERAL REGISTER, VÔL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2830 RULES AND REGULATIONS

(e) Termination by replacement. Cer­Federal Regulations be, and it is hereby, (Sec. 403(c), (d) 56 Stat. 285; 49 U.S.C. 1003) tificates of insurance or surety bonds amended to read as follows: It is further ordered, That the amend­ which have been accepted by the Com­ mission under these rules may be re­ § 1084.8 Forms and procedure. ments herein prescribed are to become placed by other certificates of insurance, * * # * * effective upon publication in the F ederal surety bonds or other security, and the (f) Termination by replacement. Cer­R egister. liability of the retiring insurer or surety tificates of insurance or surety bonds And it is further ordered, That notice under such certificates of insurance or which have been accepted by the Com­ of this order shall be given to the general surety bonds shall be considered as hav­ mission under these rules may be re­ public by depositing a copy thereof in ing terminated as of the effective date placed by other certificates of insurance, of the replacement certificate of insur­ surety bonds or other security, and the the office of the Secretary of the Com­ ance, surety bond or other security, pro­ liability of the retiring insurer or surety mission at Washington, D.C., and by vided the said replacement certificate, under such certificates of insurance or filing a copy with the Director, Office of bond or other security is acceptable to surety bonds shall be considered as hav­ the Federal Register. the Commission under the rules and reg­ ing terminated as of the effective date ulations in this part. of the replacement certificate of insur­ By the Commission, Insurance Board. (Sec. 215, 49 Stat. 557, as amended; 49 U.S.C. ance, surety bond or other security, pro­ [seal] H. N eil Garson, 315) vided the said replacement certificate, bond or other security is acceptable to Secretary. It Is further ordered, That paragraph the Commission under the rules and reg­ [F.R. Doc. 70-1715; Filed, Feb. 10, 1970; (f ) of § 1084.8 of Title 49 of the Code of ulations in this part. 8:48 a.m.]

FEDERAL REGISTER, V O L 35, NO, 29— WEDNESDAY, FEBRUARY 11, 197« 2831 Proposed Rule Making

Beach SMSA: Two daytime only AM, 2 1 9 0 , and that such areas are more than FEDERAL COMMUNICATIONS five full-time AM, and three Class C FM. compensated by the elimination of very 3. Daytona’s proposal is supported by substantial preclusion areas between COMMISSION an engineering analysis, which includes Lake Okeechobee and the Florida West studies on the availability of FM chan­ Coast on Channels 218, 219, and 220. E 47 CFR Part 73 ] nels with their related preclusion studies, 5. RM-1449. Riviera Beach, Fla. By a [Docket No. 18794; FCC 70-132] existing broadcast services and various petition filed April 30, 1969, Francis C. demographic data as they concern the Kegel requests that assignment of Chan­ WEST PALM BEACH, FLA., ET AL. West Palm Beach area.2 It is submitted nel 232A be made to Riviera Beach as that community’s first FM assignment. FM Broadcast Station Channel that, although no Class C channels ap­ pear to be available, at least three Class Riviera Beach, with a population of Assignments A channels were found to be assignable 13,046 persons, adjoins West Palm Beach In the matter of amendment of § 73.- in the area: Channels 221A, 232A, and and is included with that city’s Urbanized 202, Table of Assignments, FM Broad­ 244A. It appears that none of these Area. There is one fulltime AM station cast Stations (Riviera Beach, West Palm channels could be used with transmitter licensed at Riviera Beach. In an accom­ Beach, and Jupiter, Fla., Docket No. sites within the corporate limits of West panying engineering statement it is 18794, RM-1449, RM-1488, RM-1518. Palm Beach, because of the minimum shown that the proposed channel would 1. The Commission has before it for separation requirements of the rules. meet the required minimum spacing re­ consideration three petitions for rule However, it is indicated by Daytona that quirements at Riviera Beach and would making seeking FM channel assignments Channel 221A could be used within only only involve a preclusion of potential as­ in each of the Florida communities of 0.1 mile of the northern city limit, and signments on the requested channel in a West Palm Beach, Riviera Beach, and therefore suggests that it would be the narrow coastal area running from Riviera Jupiter, all located in the West Palm superior assignment of the three possi­ Beach northward to Fort Pierce. Riviera bilities studied. Noting that adoption of Beach is the largest community within Beach Standard Metropolitan Statisti­ the “open area” for Channel 232A that cal Área (SMSA). Since the three re­ the request would result in a mixture of Class A and C channels in the same com­ does not presently have one or more FM quests involve communities located with­ assignments. in the same SMSA, the petitions are be­ munity, cases are cited by Daytona where similar situations resulted because a 6. In further support of his proposal, ing included in the instant notice. The Mr. Kegel states that the population of individual requests are described below. Class C assignment was not available. The proponent further observes, with Riviera Beach has tripled since 1960, and 2. RM-1488. West Palm Beach, Fla. urges that the fact that it presently has Daytona Broadcasting, Inc. (Daytona), numerous statistical data, that West Palm Beach and its immediate areas are but one local aural outlet and a weekly filed a petition on July 30, 1969, request­ newspaper establishes a need for a first ing assignment of Channel 221A as a rapidly expanding in population, retail sales, industry and employment. Accord­ local FM outlet. third FM channel at West Palm Beach 7. RM-1518. Jupiter, Fla. A petition by substituting Channel 292A for the-un- ing to information stated in the petition, the Chamber o f Commerce, as of Janu­ was received on October 9, 1969, from occupied Channel 221A at Clewiston, Fla., Lighthouse Broadcasting Co., Inc. as follows: ary 1969, estimated the population of West Palm Beach at 63,881 and expects (Lighthouse), licensee of Station WJTS, AM daytime-only, Jupiter, who seeks as­ Channel No. the Urbanized Area population will ex­ City ceed 200,000 by 1970. signment of Channel 221A as the first Present Proposed 4. As to the important matter of pre­ FM channel to the community as follows: clusion, Daytona shows that if Channel Clewiston, Fla______221A 292A Channel No. West Palm Beach, Fla...... 283,300 221A, 283,300 221A is assigned to West Palm Beach, no City new preclusion area for the channel Present Proposed would develop over that caused by its West Palm Beach, the county seat of its present assignment at Clewiston. As a Clewiston, Fla...... ----- 221A 292A county (Palm Beach) and principal city matter of fact, an existing and exten­ Jupiter, Fla...... 221A of its SMSA, has a population of 56,208 sive preclusion area lying in an area ex­ persons.1 The West Palm Beach SMSA tending between 12 and 65 miles west of Jupiter has a population of 1,058 persons (Palm Beach County) contains a popu­ Clewiston would be entirely eliminated. and is located in the far northeast area lation of 228,106 and the urbanized area, There would be no preclusion involved of Palm Beach County (West Palm 172,835 persons. There are presently five on the upper-adjacent channels 222, 223, Beach SMSA) about 13 miles distant aural outlets licensed at West Palm or 224A. A very important considera­ from West Palm Beach, but is not con­ Beach, consisting of three full-time, AM tion whenever assignment df Channel tained within the West Palm Beach Ur­ stations and two Class C FM stations. 221A is proposed is the potential impact banized Area. The petitioner’s daytime- Petitioner is licensee of one of the AM on the immediately lower-adjacent edu­ only AM operation is the only local out­ stations, WJNO, Class TV, at West Palm cational channels (218, 219, and 220). let in Jupiter. A showing provided by Beach. The licensees of the other two From its study of the latter aspect, peti­ Lighthouse indicates that the proposed AM stations are also respective licensees tioner contends, with supporting detailed Jupiter assignment would meet the min­ of the two Class C FM stations. Addi­ exhibits, that any new preclusion areas imum spacing requirments there.3 Based tional aural outlets in Palm Beach resulting from the change are very on a preclusion study by Daytona (RM- County (SMSA) consist of five stations— limited in size (for example, a limited 1488), it appears that preclusion areas a daytime-only AM at Jupiter, a fulltime coastal area lying between Vero Beach caused by assignment of Channel 221A AM at Riviera Beach, a daytime-only AM and Fort Pierce on Channels 218C and to Jupiter would be greater than the at Lake Worth, and a fulltime AM and a Class C FM at Palm Beach. Including the ‘The Jupiter petitioner does not include West Palm Beach stations, there is a * Daytona’s petition is accompanied by a a preclusion study as is required when chan­ total of 10 aural outlets in the West Palm comprehensive and detailed engineering nel assignments are proposed in commu­ study that has been of assistance in our nities close to large population centers hav­ consideration of its own request as well as ing multiple assignments, as is the case here. 1 Populations cited herein are from the those of the other two petitions included See Public Notice released May 12, 1967, FCC 1960 U.S. Census, unless otherwise stated. in this proceeding. 67-577, 32 F.R. 7349.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2832 PROPOSED RULE MAKING

corresponding assignment at West Palm 10. In view of the above considerations,the National Air Pollution Control Beach, although there would be the same we are of the opinion that sufficient Administration of the Department reduction in preclusion areas to the west justification exists for the issuance of a of Health, Education, and Welfare of Clewiston. (See paragraph 4 above.) notice of proposed rule making on the (NAPCA) and the Federal Water Pollu­ It is urged by the Jupiter proponent that above three petitions. We are therefore tion Control Administration of the De­ adoption of the requested assignment inviting comments with pertinent sup­ partment of the Interior (FWPCA). The would provide a first full-time outlet to porting data from all interested persons proposed new section of the regulations Jupiter and its area and enable a greater on the proposal to amend the FM Table would create a form designated as FPC utilization of the available FM facilities of Assignments, as follows: Form 67, designed to obtain periodically within the State. The petitioner includes information of the quality of fuel used several letters from various area civic, Channel No. in fossil fueled steam-electric generating City social, business and religious organiza­ Present Proposed plants of 25 megawatts or more and of tions indicating support of the proposed the costs of facilities and other data assignment. A ll in Florida concerning their operating and mainte­ Clewiston...... 221A 292A nance relating to the control of atmos­ 8. The Lighthouse proposal for Jupiter Jupiter...... 244A is in direct conflict with the assignment Riviera Beach...... 232A pheric particulate emissions, of such of Channel 221A to West Palm Beach West Palm Beach...... 283,300 221A, 283,300 plants and the regulation of heat and being sought by Daytona (RM-1488), other matters discharged into streams since the two communities are only some The above plan includes a different chan­ and other bodies of water by the opera­ 13 miles apart. Daytona filed a timely nel for Jupiter in lieu of that requested tions of both fossil- and nuclear-fueled opposition directed toward the Light­ by the Jupiter proponent. steam-electric generating plants. The in­ house proposal, asserting that Jupiter, 11. Authority for the adoption of the formation obtained would be made avail­ being located within the West Palm amendments proposed herein is con­ able to NAPCA and FWPCA as well as Beach SMSA, receives nighttime service tained in sections 4(1), 303, and 307(b) FPC. from one AM and three FM stations lo­ of the Communications Act of 1934, as 2. Form 67 was originally formulated cated in the West Palm Beach Urbanized amended. in 1968 for distribution only to selected Area. The opposition also notes that the 12. Pursuant to applicable procedures utilities; the new form, a copy of which required preclusion analysis for the pro­ set out in § 1.415 of the Commission’s is attached as Appendix A 1, would be posed assignment was not furnished by rules, interested persons may file com­ used to obtain data applicable to all Lighthouse. By a further technical show­ ments on or before March 16, 1970, and steam-electric plants included for re­ ing, Daytona demonstrates that an al­ reply comments on or before March 26, porting purposes and would provide a ternate channel, 244A, could be assigned 1970. All submissions by parties to this much broader range of information re­ to Jupiter in conformity with the rules proceeding or persons acting in behalf of lating to pollutants resulting from their and without requiring any other changes such parties must be made in written operation. The proposed revised form, in the table. It is claimed that such as­ comments, reply comments, or other ap­ which was adopted in cooperation with signment would resolve the conflict be­ propriate pleadings. NAPCA and FWPCA and pursuant to tween the Daytona and Lighthouse pro­ 13. In accordance with the provisions suggestions made at a meeting sponsored posals in the event it is determined that of § 1.419 of the rules, an original and by the Bureau of the Budget’s Industry Jupiter should be considered for an FM 14 copies of all comments, replies, plead­ Advisory Committee in which represent­ assignment. We note that the preclusion ings, briefs, and other documents shall atives of the electric utilities industry study included with Daytona’s original be furnished the Commission. and the aforesaid government agencies participated, would provide information petition indicates that assignment of Adopted: February 4,1970. Channel 244A to Jupiter would not pre­ regarding the input of the quality of clude any other community of 1,000 or Released: February 6,1970. fossil fuels and the emission of pollutants from plant operations, the efficiency of more population from a first FM assign­ F ederal Communications cleansing and cooling equipment used to ment. We agree with Daytona that if it Commission,6 remove particulate emissions and other is determined that Jupiter should receive [seal] B en F. W aple, pollutants and the methods used for a first FM assignment, Channel 244A Secretary, their disposal or-elimination. should be selected over Channel 221A. [F.R. Doc, -70-1713; Filed, Feb. 10, 1970; The form provides that operational 9. If all of the above requests for addi­ 8:47 a.m.] information be submitted annually but tional assignments were to be adopted, that after the first report has been made the number of total FM channels for data regarding plant and equipment Palm Beach County (population 228,106) would be reported every five years or the would increase from three to six (3A and FEDERAL POWER COMMISSION year following any change in the use of 3 0 , including an increase for West Palm [18 CFR Part 141 1 plant or equipment previously reported. Beach (population 56,208) from two to Instructions governing ADP reporting three (2C and 1A). Considering the over­ [Docket No. R-382] are included for informational purposes all populations of the Metropolitan and COLLECTION OF STEAM-ELECTRIC only since the data called for would not Urbanized Areas, as well' as that of West at this time be required to be submitted Palm Beach proper, the assignments GENERATING PLANT POLLUTION on ADP media. would conform favorably with the popu­ CONTROL DATA— FPC FORM NO. 3. The ever-increasing concern for lation criterion employed in setting up 67 the original Table of Assignments. Based preservation of the nation’s air and on showings made by two of the pro­ Notice of Proposed Rule Making water resources and the necessity for concerted action to alleviate the factors ponents, no community without an exist­ January 29,1970. ing FM assignment that appears to war­ causing their deterioration make impera­ rant serious consideration would be 1. Notice is given pursuant to sectiontive for study and program design the deprived of a channel if the proposed 553 of title 5 of the United States Code, collection of information relating to assignments were made.4 that the Commission proposes to add a sources of pollution and the effectiveness new § 141.59 to Part 141—Statements of existing quality controls. The need for and Reports of Subchapter D, Approved amelioratory action was emphasized by * It should be noted In this connection Forms, Federal Power Act, Chapter I, the President in his State of the Union that, assuming Channel 221A were to be Message to Congress on January 22,1970. assigned to West Palm Beach and Channel Title 18, Code of Federal Regulations, 232A to Riviera Beach, either channel would to require the submission of information 4. The amendment to the Commis­ be available for applications specifying designed to provide a basis for the de­ sion’s regulations under the Power Act North Palm Beach (population 2,684) or velopment of effective environmental qu would be issued under the authority Lake Park (population 3,689) under the 10- quality programs in coordination with granted the Federal Power Commission mile rule (§ 73.203(b)). Both of the latter communities are a part of the West Palm Beach Urbanized Area. * Commissioner Cox absent. 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 PROPOSED RULE MAKING 2833 by the Federal Power Act, particularly data relating to plant and equipment is submit a conformed copy of their com­ sections 304, 309, and 311 (49 Stat. 855, required every fifth year unless changed ments to the Clearance Officer, Office of 858, 859; 16 U.S.C. § § 825c, 825h, 825j). or retired prior to the expiration of such Statistical Standards, Bureau of the 5. Accordingly, it is proposed that theperiods and to the operations thereof Budget, Washington, D.C. 20503. Sub­ Regulations Under the Federal Power annually. missions to the Commission should indi­ Act be amended by adding a new § 141.59 (Secs. 304, 309, 311, Federal Power Act; 49 cate the name and address of the person to Part 141, Subchapter D, Chapter I, Stat. 855, 858, 859; 16 U.S.C. 825c, 825h, to whom correspondence in regard to Title 18 of the Code of Federal Regula­ 825j) tions to read as follows: the proposal should be addressed, and 6. Any interested person may submitwhether the person filing them requests pa rt 141— sta t em en ts a n d to the Federal Power Commission, a conference at the Federal Power Com­ REPORTS (SCHEDULES) Washington, D.C. 20426, not later than mission to discuss the proposed revised March 2, 1970, data, views, comments, § 141.59 Form No. 67, Steam-electric and suggestions, in writing, concerning report form. The Commission will con­ generating plant pollution control the proposed revised report form. An sider all such written submissions before data. original and 14 conformed copies should acting on the matters herein proposed. This form is designed to obtain pollu­ be filed with the Commission. In addi­ By direction of the Commission. tion control information related to fuel tion, interested persons wishing to have quality pollution control equipment in­ their comments considered in the clear­ Gordon M. G rant, stalled, the operation of such equipment ance of the proposed revised report form Secretary. and the disposition of waste materials under the provisions of the Federal Re­ [F.R. Doc. 70-1616; Filed, Feta. 10, 1970; from steam-electric generating plants; ports Act of 1942 may at the same time 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2834 Notices

shall be borne equally by the successful of the proposed classification decision. DEPARTMENT OF STATE bidders. Inquiries concerning this sale should be The lands will be sold subject to all addressed to the Land Office Manager, Agency for International Development valid existing rights. Reservations will Bureau of Land Management, Room 3008 HOUSING GUARANTIES be made to the United States for rights- Federal Building, 300 Booth Street, Reno, of-way for ditches and canals in accord­ Nev. 89502, or to the District Manager, Prescription of Rate ance with the Act of August 30, 1890 (26 Bureau of Land Management, 2002 Idaho Pursuant to section 223(f) of the For­ Stat. 391; 43 U.S.C. 945). All minerals Street, Elko, Nev. 89801. eign Assistance Act of 1961 as amended, are to be reserved to the United States R olla E. Chandler, and effective immediately, contracts of and withdrawn from appropriation un­ Manager, Nevada Land Office. guaranty for loan investments in housing der the public land laws, including the general mining laws. [F.R. Doc. 70-1726; Filed, Feb. 10, 1970; under sections 221 and 222 of that Act 8:48 a.m.] will be subject to the following restric­ Bids may be made by a principal or his tion: agent, either at the sale, or by mail. An The interest allowed to an eligible U.S. agent must be prepared to establish the Fish and Wildlife Service eligibility of his principal. Eligible pur­ investor at the time the relevant project [Docket No. C-312] is authorized may not exceed a rate of chasers are: (1) any individual (other nine per centum (9%) per annum. Prior than an employee, or the spouse of an ALAN MITCHELL DEEMS to the execution of the contract of employee, of the Department of the In­ guaranty, the Administrator may amend terior) who is a citizen or otherwise a Notice of Loan Application national of the United States, or who such rate at his discretion, consistent F ebruary 2,1970. with the provisions of section 223(f) of has declared his intention to become a the Act. citizen, aged 21 years or more; (2) any Alan Mitchell Deems, 360 North Harold partnership or association, each of the Street, Fort Bragg, Calif., 95437, has ap­ Dated: February 2,1970. members of which is an eligible pur­ plied for a loan from, the Fisheries Loan R utherford P oats, chaser, or (3) any corporation organized Fund to aid in financing the purchase Acting Administrator. under the laws of the United States, or of a new 47-foot length overall steel ves­ any State thereof, authorized to hold sel to engage in the fishery for salmon, [F.R. Doc. 70-1698; Filed, Feb. 10, 1970; albacore, and Dungeness crab. 8:46 a.m.] title to real property in Nevada. Bids must be for all the land in a par­ Notice is hereby given pursuant to the cel. Bids sent by mail will be considered provisions of Public Law 89-85 and only if received by the Elko District Fisheries Loan Fund Procedures (50 Office, Bureau of Land Management, CFR Part 250, as revised) that the DEPARTMENT OF THE INTERIOR 2002 Idaho Street, Elko, Nevada 89801, above-entitled application is being con­ Bureau of Land Management prior to 4 p.m., on Monday, March 30, sidered by the Bureau of Commercial 1970. Bids made prior to the public auc­ Fisheries, Fish and Wildlife Service, [Serial No. N-668] tion must be in sealed envelopes, and ac­ Department of the Interior, Washing­ NEVADA companied by certified checks, payable ton, D.C. 20240. Any person desiring to the Bureau of Land Management, for to submit evidence that the contem­ Notice of Public Sale the full amount of the bid and by a certi­ plated operation of such vessel will fication of eligibility, defined in the pre­ cause economic hardship or injury to F ebruary 2, 1970. ceding paragraph. The envelope must efficient vessel operators already op­ Under the provisions of the Public show the sale number and date of sale erating in that fishery must submit Land Sale Act of September 19, 1964 in the lower left-hand comer: “Public such evidence in writing to the Director, (78 Stat. 988, 43 U.S.C. 1421-1427), 43 Sale Bid, March 31, 1970, 10 a.m., Parcel Bureau of Commercial Fisheries, within CFR Subpart 2243, seven parcels of land No___ 30 days from the date of publication of will be offered to the highest bidder at a The authorized officer shall publicly this notice. If such evidence is received sale to be held at 10 a.m., local time, on declare the highest qualifying sealed bid it will be evaluated along with such other Tuesday, March 31, 1970, at the Elko received. Oral bids shall then be invited evidence as may be available before mak­ District Office, Bureau of Land Manage­ in specified increments. After oral bids, ing a determination that the con­ ment, 2002 Idaho Street, Elko, Nev. if any, are received, the authorized offi­ templated operations of the vessel will 89801. The lands are in T. 47 N., R. 64 E., cer shall declare the high bid. A success­ or will not cause such economic hardship Mount Diablo Base and Meridian. The ful oral bidder must submit a guaranteed or injury. parcels are described as follows: remittance, in full payment for the parcel C. E. P eterson, and cost of publication, before 4 p.m. of Chief, Parcel . Description Acres Appraised the day of the sale. Division of Financial Assistance. No. value If no bids are received for a sale parcel [F.R. Doc. 70-1689; Filed, Feb. 10, 1970; on ^Tuesday, March 31, 1970, the parcel 8:45 a.m.] 1 . Sec.12, SEMNWJi..40.0 $5,000 2 ...... Sec. 11, N M N E JiSE^, 35.0 4,375 will be reoffered on the first Wednesday Nl^SW^NEMSEJi, of subsequent months at 10 a.m., begin­ S^SJ^NE^SE^. ning May 6,1970. [Docket No. S-493] 3 ...... Sec. 12, NEJÌSWMNWM-— 10.0 1,500 4 ...... Sec. 12, EMSEJiSW^NWW. 5.0 750 Any adverse claimants to the above- RICHARD ZEIGLER AND 5 ...... Sec. 12, S>^SW}î SW}|NWJî . 5.0 875 described lands should file their claims, 6 ...... Sec. 12, E^NWJiSWMNWM 5.0 875 HENRY NAGEL 7 . . . . . See. 12, NWJ^NE^NWM 2.5 200 or objections, with the undersigned be­ NWM. fore the time designated for sale. Notice of Loan Application The lands described in this notice have Each tract will be offered to the high­ been segregated from all forms of appro­ F ebruary 2,1970. est bidder, but no bid will be accepted if priation, including locations under the Richard Zeigler and Henry Nagel, a it is for less than the appraised value of general mining laws, except for sale un­ partnership, .5806 Third Street, Tilla­ the tract. Costs of publication, if any, der this Act, from the date of notation mook, Oreg. 97141, have applied for a

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2835 loan from the Fisheries Loan Fund to tary) that exportation of such dates to otherwise permitted; (3) handlers are aid in financing the purchase of a used the particular country is consistent with aware of France’s interest in California 42.6-foot registered length wood vessel the processing or consuming habits of dates for further processing and are to engage in the fishery for salmon, the country and is essential to increase preparing to export immediately; and albacore, crab, sablefish, and Pacific total exports of dates to such country. (4) California handlers may lose the op­ mackerel. The grade and size requirements appli­ portunity for export sales to France if Notice is hereby given pursuant to the cable to free dates for further processing this action is not taken promptly. provisions of Public Law 89-85 and Fish­ are the same, except for moisture con­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. eries Loan Fund Procedures (50.CFR tent, as those applicable to free dates 601-674) Part 250, as revised) that the above- (of higher moisture content) which are entitled application is being considered packed for handling and sale in domes­ Dated February 6, 1970, to become ef­ by the Bureau of Commercial Fisheries, tic and export markets. Dates for fur­ fective February 11, 1970. Fish and Wildlife Service, Department of ther processing have a moisture content P aul A. N icholson, the Interior, Washington, D.C. 20240. below 16 percent and are known as dry Acting Director, Any person desiring to submit evidence dates. In processing, water is added by Fruit and Vegetable Division. that the «contemplated operation of such hydration to produce the desirable tex­ [F.R. Doc. 70-1728; Filed, Feb. 10, 1970; vessel will cause economic hardship or ture for eating. 8:48 a.m.] injury to efficient vessel operators al­ France has date processing and pack­ ready operating in that fishery must sub­ aging plants, and normally receives mit such evidence in writing to the Di­ Deglet Noor dates for processing from Office of the Secretary rector, Bureau of Commercial Fisheries, Algeria and Tunisia, but none from Cali­ within 30 days from- the date of publica­ fornia. Unfavorable weather severely re­ LOUISIANA tion of this notice. If such evidence is re­ duced the 1969 production of dates in ceived it will be evaluated along with these North African countries, with a Designation of Areas for Emergency such other evidence as may be available resulting shortage of exports. Because of Loans before making a determination that the the shortage, date processors in France For the purpose of making emergency contemplated operations of the vessel are seeking supplies of Deglet Noor dates loans pursuant to section 321 of the Con­ will or will not cause such economic from California so they can continue solidated Farmers Home Administration hardship or injury. supplying the consumers with the dates Act of 1961 (7 U.S.C. 1961), it has been to which they are accustomed. C. E. P eterson, determined that in the hereinafter- Chief, The current supply of Deglet Noor named parishes in the State of Louisiana, Division of Financial Assistance. dates in California is adequate to meet natural disasters have caused a need for domestic and export requirements, in­ agricultural credit not readily available [F.R. Doc. 70-1688; Filed, Feb. 10, 1970; cluding those of France, and carryover 8:45 a.m.] from commercial banks, cooperative needs. Making Deglet Noor dates avail­ lending agencies, or other responsible able to France in a form requiring fur­ sources. ther processing will permit French im­ Louisiana porters and processors to use their DEPARTMENT OF AGRICULTURE Avoyelles. St. Mary. normal processing, packaging, and mar­ Iberia. Consumer and Marketing Service keting facilities, supply consumers with the dates to which they are accustomed, Pursuant to the authority set forth DOMESTIC DATES PRODUCED OR and encourage the exportation of Cali­ above, emergency loans will not be made PACKED IN DESIGNATED AREA OF fornia dates. in the above-named parishes after CALIFORNIA Accordingly, pursuant to § 987.165(a) June 30, 1970, except to applicants who (2) and based on the unanimous finding previously received emergency or spe­ Exportation to France of Restricted and of the Date Administrative Committee cial livestock loan assistance and can Other Marketable Dates Certified as and other information, it is hereby found qualify under established policies and Meeting Grade and Size Require­ that exportation to France, of restricted procedures. ments for Free Dates for Further and other marketable dates of the Deglet Done at Washington, D.C., this 5th Processing Noor variety certified as meeting the ap­ day of February 1970. plicable grade and size requirements for The finding and approval hereinafter free dates for further processing is con­ Clifford M. H ardin, set forth are pursuant to § 987.155(a) (2), sistent with the processing and consum­ Secretary of Agriculture. Subpart—Administrative Rules and ing habits of France; and such exporta­ [F.R. Doc. 70-1679; Filed, Feb. 10, 1970; Regulations, established under the mar­ tion of Deglet Noor dates will tend to 8:45 a.m.] keting agreement, as amended, and Or­ effectuate the declared policy of the act. der No. 987, as amended (7 CFR Part Accordingly, such exportation of Deglet 987), regulating the handling of domes­ Noor dates to France, in accordance with MISSOURI tic dates produced or packed in a desig­ the applicable provisions of this part, is Designation of Areas for Emergency nated area of Cailfornia. This program approved. is effectvie under the Agricultural Mar­ It is hereby further found that it is Loans keting Agreement Act of 1937, as impracticable, unnecessary, and contrary For the purpose of making emergency amended (7 U.S.C. 601-674), hereinafter to the public interest to give public notice loans pursuant to section 321 of the Con­ referred to as the “act”. and engage in public rule making proce­ solidated Farmers Home Administration Presently, the program does not per­ dure, and that good cause exists for not Act of 1961 (7 U.S.C. 1961), it has been mit the exportation of restricted and postponing the effective time of this determined that in the hereinafter- other marketable dates for further proc­ action until 30 days after publication named counties in the State of Missouri, essing (dry dates) to France. However, in the F ederal R egister (5 U.S.C. 553) in natural disasters have caused a need 1 987.155(a)(2) provides, in part, that that: (1) This action unanimously rec­ for agricultural credit not readily avail­ restricted and other marketable dates of ommended by the Date Administrative able from commercial banks, cooperative a particular variety certified as meeting Committee, must become effective Febru­ lending agencies, or other responsible the applicable grade and size require­ ary 11, 1970, to permit handlers to take sources. ments for free dates for further process­ advantage of a strong demand for dates Missouri ing may be exported to a particular in France and make arrangements for Mississippi. Scott. country upon the Committee m aking a exports to France; (2) this action relieves prescribed finding and the Secretary ap­ restrictions on handlers by permitting Pursuant to the authority set forth proving the finding. The Committee must the exportation to France of Deglet Noor above, emergency loans will not be made find (with the approval of the Secre­ dates with a lower moisture content than in the above-named counties after June

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 No. 29- -4 2836 NOTICES

30, 1970, except to applicants who pre­ Lakeside Laboratories, Inc., Division of identified with the reference number viously received emergency or special Colgate-Palmolive Co., 1707 East North DESI 6363 and should be directed to the livestock loan assistance and can qual­ Avenue, Milwaukee, Wis. 53201 (NDA attention of the following appropriate ify under established policies and 6- 363). office and addressed to the Food and procedures. 2. Mulsopaque Injection; 50 percent Drug Administration, 200 C Street SW., Washington, D.C. 20204: Done at Washington, D.C., this 5th emulsion of iophendylate; marketed by day of February 1970. Lafayette Pharmacal, Inc., 522-26 North Requests for NAS-NRC reports: Press Rela­ Earl Avenue, Lafayette, Ind. 47902 (NDA tions Office (CE-300). Clifford M. H ardin, 8- 214). All other communications regarding this an­ Secretary of Agriculture. 3. Visciodol Suspension; sulfanilamide nouncement: Special Assistant for Drug [F.R. Doc. 70-1680; Filed, Feb. 10, 1970; 0.32 gram per ml. and iodized oil; mar­ Efficacy Study Implementation (MD-16), 8:45 a.m.] keted by E. Fougera and Co., Inc., Post Bureau of Medicine. Office Box 73, Cantiague Road, Hicks- This notice is issued pursuant to the ville, Long Island, N.Y. 11802 (NDA provisions of the Federal Food, Drug, OKLAHOMA 9- 964). and Cosmetic Act (secs. 502, 505, 52 Stat. 4. Stenediol Sublingual Tabletsr Designation of Areas for Emergency 1050-53, as amended; 21 U.S.C. 352, 355) methandriol 25 milligrams; marketed by and under authority delegated to the Loans Organon, Inc., 375 Mount Pleasant Ave­ Commissioner of Food and Drugs (21 For the purpose of making emergency nue, West Orange, N.J. 07052 (NDA CFR 2.120). 7- 695). loans pursuant to section 321 of the Con­ Dated: February 2,1970. solidated Farmers Home Administration 5. Robaxisal-PH Tablets; methocar­ Act of 1961 (7 U.S.C. 1961), it has been bamol 400 milligrams, phenacetin 97 mil­ S am D. F ine, determined that in the hereinafter- ligrams, aspirin 81 milligrams, hyoscya- Associate Commissioner for named counties in the State of Okla­ mine sulfate 0.016 milligram, and phéno­ Compliance. barbital 8.1 milligrams; marketed by homa, natural disasters have caused a [F.R. Doc. 70-1684; Filed, Feb. 10, 1970; need for agricultural credit not readily A. H. Robins Co., 1407 Cummings Drive, 8:45 am.] available from commercial banks, co­ Richmond, Va. 23220 (NDA 12-399). operative lending agencies, or other re­ 6. Robaxisal Tablets; methocarbamol sponsible sources. 400 milligrams and aspirin 325 milli­ grams; marketed by A. H. Robins (NDA Oklahoma 12-281). ATOMIC ENERGY COMMISSION Bryan. Wagoner. The Food and Drug Administration [Docket No. 50-347] Johnston. concludes that there is a lack of sub- MITSUBISHI INTERNATIONAL CORP. Pursuant to the authority set forth -stantial evidence that these drugs are above, emergency loans will not be made effective or effective as fixed combina­ Notice of Issuance of Facility Export in the above-named counties after June tions for the uses recommended or sug­ License 30, 1970, except to applicants who pre­ gested in their labeling and that each component of the combination drugs Please take notice that no request for viously received emergency or special a formal hearing having been filed fol­ livestock loan assistance and can qual­ contributes to the total effects claimed for such drugs. lowing publication of notice of proposed ify under established policies and action in the F ederal R egister on Octo­ procedures. The Commissioner of Food and Drugs ber 25, 1969 (34 F.R. 17346), the Atomic intends to initiate proceedings to with­ Energy Commission has issued License Done at Washington, D.C., this 5th day draw approval of the new-drug applica­ of February 1970. No. XRr-7I to Mitsubishi International tions for these drugs. Prior to initiating Corp., authorizing the export of com­ Clifford M. Hardin, such action, however, the Commissioner ponents of a 500 megawatt electric nu­ Secretary of Agriculture. invites the holders of new-drug applica­ clear power reactor to the Kansai [F.R. Doc. 70-1677; Filed, Feb. 10, 1970; tions for these drugs, and any interested Electric Power Co., Inc., Osaka, Japan. 8:45 a.m.] person who may be adversely affected by The export of these components to Japan removal of the drugs from the market, is within the purview of the present to submit any pertinent data bearing on Agreement for Cooperation between the the proposal not later than 30 days fol­ Governments of the United States and DEPARTMENT OF HEALTH, EDU­ lowing the date of publication of this Japan. notice in the F ederal R egister. The only material which will be considered ac­ Dated at Bethesda, Md., this fourth CATION, AND WELFARE ceptable for review must be well-orga­ day of February 1970. Food and Drug Administration nized and consist of adequate and well- For the Atomic Energy Commission. [DESI6363] controlled studies bearing on the efficacy of the products, and' not previously Eber R. P rice, ASPIRIN WITH MENADIONE AND submitted. Director, Division of ASCORBIC ACID; IOPHENDYLATE This announcement of the proposed State and Licensee Relations. EMULSION; SULFANILAMIDE AND action and implementation of the NAS- [F.R. Doc. 70-1681; Filed, Feb. 10, 1970; IODIZED OIL; METHANDRIOL; NRG report for the above drugs is made 8:45 a.m.] to give notice to persons who might be METHOCARBAMOL WITH PHEN- adversely affected by withdrawal of these ACETIN, ASPIRIN, HYOSCYAMINE drugs from the market. Promulgation of SULFATE AND PHENOBARBITAL; an order withdrawing approval of the CIVIL AERONAUTICS BOARD AND METHOCARBAMOL AND new-drug applications will cause any [Docket No. 21893; Order 70-2-17] ASPIRIN such drug on the market offered for these uses to be a new drug for which an ap­ AIR WEST, INC. Drugs for Human Use; Drug Efficacy proved new-drug application is not in Order of Investigation and Suspension Study Implementation effect, and will make it subject to regula­ Regarding Commodity Rate Revisions The Food and Drug Administration tory action. has evaluated reports received from the A copy of the NAS-NRC report has Adopted by the Civil Aeronautics National Academy of Sciences-National been furnished to each firm referred to Board at its office in Washington, D.C., Research Council, Drug Efficacy Study above. Any other interested person may on the 5th day of February 1970. Group, on the following drugs: obtain a copy by request to the appro­ By tariff revisions bearing the posting 1. Menacyl Tablets; aspirin 0.33 grampriate office named below. date of January 6, 1970, and marked to with menadione 0.33 milligram and as­ Communications forwarded in re­ become effective February 20, 1970, Air corbic acid 33.3 milligrams; marketed by sponse to this announcement should be West, Inc. (Air West) proposes extensive

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2837 revisions in its general commodity rates. determine and prescribe the lawful rates It is ordered, That: These revisions would result in both in­ and provisions, and rules, regulations, 1. Paragraph 1 of Order 70-1-159 is creases and reductions of the present or practices affecting such rates and hereby amended to the extent of provid­ rates. provisions; ing that the investigation ordered in In support of its proposal Air West 2. Pending hearing and decision by the paragraph 1 of Order 70-1-148 is not dis­ asserts that its rate structure has been Board, the rates and provisions described missed with respect to the fares of Con­ substantially lower than that, of other in appendix A 2 attached hereto (except tinental Air Lines, Inc., described in Ap­ certificated carriers and especially com­ rates and provisions applying to or from pendix A1 attached hereto. peting carriers. Furthermore, Air West Canadian points) are suspended and 2. Paragraph 2 of Order 70-1-159 is claims thfat it is in dire financial need their use deferred to and including hereby amended to the extent of provid­ and requires higher revenues. May 20, 1970, unless otherwise ordered ing that the suspension ordered in para­ The new rates are based upon a for­ by the Board, and that no changes be graph 4 of Order 70-1-148 is not vacated mula involving revised rate levels at made therein during the period of sus­ with respect to the fares of Continental various distances in the mileage rate pension except by order or special per­ Air Lines, Inc., described in Appendix A1 scale as well as the application of revised mission of the Board; attached hereto. mileages to be used in determining the 3. The proceeding herein be assigned * 3. A copy of this order will be served rate to be charged in the various markets. for hearing before an examiner of the upon all parties served with order As a result of the foregoing proposed Board at a time and place hereafter to 70-1-148. changes, the rates in individual markets be designated; and are to be either increased or decreased, 4. A copy of this order shall be filed By the Civil Aeronautics Board. or in some cases left unchanged. The with the tariff and served upon Air West, [seal] H arry J. Zin k , increases, however, would be more nu­ Inc., which is hereby made a party to Secretary. merous and sharper than the decreases. this proceeding. [F.R. Doc. 70-1709; Filed, Feb. 10, 1970; Based upon a sample submitted by the This order will be published in the 8:47 a.m.] carrier, it appears that most of the rates F ederal R egister. proposed will involve increases and that these increases will run as high as 56.5 By the Civil Aeronautics Board. [Dockets Nos. 20274—20276; Order 70-2-24] percent over the current level. On the [seal] H arry J. Zink , ROSS AVIATION, INC. other hand, only a relatively few mar­ Secretary. kets will enjoy reductions and the largest Order To Show Cause Regarding reduction shown is 6.7 percent. [F.R. Doc. 70-1710; Filed, Feb. 10, 1970; Establishment of Service Mail Rates No complaints have been filed against 8:47 a.m.] this proposal. Adopted by the - Civil Aeronautics The Board will permit limited in­ [Dockets Nos. 21867, 21870; Order 70-2-13] Board at its office in Washington, D.C., creases to become effective in considera­ on the 6th day of February 1970. tion of the financial situation of the car­ DOMESTIC TRUNKLINE & LOCAL On September 24,1968, the Postmaster rier and the fact that the mileage rate SERVICE CARRIERS General filed notices of intent pursuant scale used in constructing the rates does to 14 CFR Part 298, petitioning the not appear prima facie unreasonable Order Amending Order Board to establish for Ross Aviation, upon a cost basis, nor out of line with Adopted by the Civil Aeronautics Inc. (Ross), final service mail rates per rate scales used by other carriers. Board at its office in Washington, D.C., great circle aircraft mile for the trans­ Increases in excess of 20 percent, how­ on the 5th day of February 1970. portation of mail by aircraft as follows: ever, appear excessive and may have a By Order 70-1-148, dated January 30, significant impact upon shippers. A cri­ 1970, the Board approved Agreement Docket Between Cents terion of 20 percent is in line with other CAB 21586 providing for the establish­ recent actions of the Board involving 20274 Reno and Winnemucca, Nev., via ment of additional joint fares and the Lovelock, Nev______48. 72 increased freight rates.1 division of joint fares between carriers, 20275 Reno and Las Vegas, N ev...... 26.19 Consequently, upon consideration of suspended tariff proposals for effective­ 20276 Ely and Reno, Nev., via Elko, N e v ... 26.19 all relevant matters, the Board finds that ness on and after February 1, 1970, of the proposed increased rates, to the ex­ trunkline carriers not signatory to the Ross is currently engaged in business tent that they involve increases exceed­ agreement, and permitted carrier parties as an air taxi operator under Part 298 ing 20 percent, may be unjust, unrea­ to the agreement to extend their then of the Board’s economic regulations and sonable, unjustly discriminatory, unduly effective fares through April 30, 1970. was selected by the Post Office Depart­ preferential or unduly prejudicial, or Subsequent to issuance of that order, ment to serve these routes following com­ otherwise unlawful, and should be sus­ the remaining trunkline carriers became petitive bids by interested parties. pended pending investigation. The re­ signatories to the agreement approved by Since no final mail rates are presently maining rate proposals involving in­ the Board. Accordingly, by Order 70- in effect for Ross in these markets, it is creases of lesser magnitude and re­ 1-159 of January ,31, 1970, the Board the purpose of this order and necessary ductions will be permitted to become vacated its previous suspension so as to In the public interest to fix, determine, effective without investigation. permit those carriers to extend their then and establish the fair and reasonable Accordingly, pursuant to the Federal effective fares through April 30, 1970. rates of compensation to be paid to Ross Aviation Act of 1958 and particularly by the Postmaster General for the trans­ sections 204(a) and 1002 thereof, Through inadvertence, this action had It is ordered, That: the effect of permitting Continental Air portation of mail by aircraft, the facil­ Lines, Inc. (Continental), to implement ities used and useful therefor, and the J. An investigation is instituted to services connected therewith, between determine whether the rates and provi­ certain fare revisions proposed by it for sions described in appendix A 2 attached February 1, 1970, effectiveness. Since it the aforesaid points. The Postmaster hereto, and rules, regulations, and prac­ was the Board’s intent that the status quo General and Ross have agreed that the tices affecting such rates and provisions, be maintained as to all carriers, we are proposed rates are satisfactory to them. are or will be unjust or unreasonable, un­ herein taking appropriate action to cor­ Upon consideration of the notices of justly discriminatory, unduly preferen­ rect Order 70-1-159, effective February 1, intent and other matters officially no­ tial, unduly prejudicial, or otherwise 1970. ticed, it is proposed to issue an order to unlawful, and if found to be unlawful, to Accordingly, pursuant to the Federal include the following findings and Aviation Act of 1958, and particularly conclusions: sections 204(a), 403, 404, and 1002 On and after January 31,1969, the fair 1 Order 69-5-105, May 22, 1969. See also thereof : Order 69-3-94, Mar. 26, 1969, Order 69-2-111, and reasonable final service mail rates f®!?- 20< 1969, and Order 69-5-65, May 15, 1969. 2 Filed as part of the original document. 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2838 NOTICES per great circle aircraft mile to be paid FIRST FINANCIAL CORP. to Ross Aviation, Inc., entirely by the FEDERAL RESERVE SYSTEM Postmaster General pursuant to section Order Approving Application Under 406 of the Act for the transportation of FIRST FINANCIAL CORP. Bank Holding Company Act mail by aircraft, the facilities used and useful therefor, and the services con­ Order Approving Application Under In the matter of the application of nected therewith, shall be as follows: Bank Holding Company Act First Financial Corp., Tampa, Fla., for approval of acquisition of not less than In the matter of the application of Docket Between Cents 80 percent of the voting shares of The First Financial Corp., Tampa, Fla., for First National Bank in Punta Gorda, approval of acquisition of at least 51 20274 Reno and Winnemucca, N ev., via Punta Gorda, Fla. Lovelock, Nev______48.72 percent of the voting shares of The First There has come before the Board of 20275 Reno and Las Vegas, N ev...... 26.19 National Bank in Plant City, Plant City, 20276 Ely and Reno, Nev., via Elko, Nev... 26.19 Governors, pursuant to section 3(a)(3) Fla. of the Bank Holding Company Act of Accordingly, pursuant to the Federal There has come before the Board of 1956 (12 U.S.C. 1842(a)(3)), and § 222.3 Aviation Act of 1958, and particularly Governors, pursuant to section 3(a)(3) (a) of Federal Reserve Regulation Y (12 sections 204(a) and 406 thereof, and of the Bank Holding Company Act qi CFR 222.3(a)), an application by First 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 Financial Corp., Tampa, Fla., a regis­ regulations promulgated in 14 CFR Part (a) of Federal Reserve Regulation Y 302, and 14 CFR Part 298: tered bank holding company, for the (12 CFR 222.3(a)), an application by Board’s prior approval of the acquisition It is ordered, That: First Financial Corp., Tampa, Fla., a 1. Ross Aviation, Inc., the Postmaster of not less than 80 percent of the voting registered bank holding company, for shares of The First National Bank in General, Air West, Inc., United Air Lines, the Board’s prior approval of the acquisi­ Inc., Western Air Lines, Inc., and all Punta Gorda, Punta Gorda, Fla. tion of at least 51 percent of the voting As required by section 3(b) of the Act, other interested persons are directed to shares of The First National Bank in show cause why the Board should not the Board notified the Comptroller of the Plant City, Plant City, Fla. Currency of receipt of the application adopt the foregoing proposed findings As required by section 3(b) of the Act, and conclusions and fix, determine, and and requested his views and recommen­ the Board notified the Comptroller of the dation. The Comptroller recommended publish the final rates specified above for Currency of receipt of the application the transportation of mail by aircraft, that the application be given favorable and requested his views and recommen­ consideration. the facilities used and useful therefor, dation. The Comptroller offered no ob­ and the services connected therewith as jection to approval of the application. Notice of receipt of the application was specified above as the fair and reason­ published in the F ederal R egister on able rates of compensation to be paid to Notice of receipt of the application September 30,1969 (34 F.R. 15278), which Ross Aviation, Inc.; was published in the F ederal R egister provided an opportunity for interested 2. Further procedures herein shall be on November 13, 1969 (34 F.R. 18203) persons to submit comments and views in accordance with 14 CFR Part 302, providing an opportunity for interested with respect to the proposed transaction. and notice of any objection to the rates persons to submit comments and views A copy of the application was forwarded with respect to the proposed acquisition. to the U.S. Department of Justice for its or to the other findings and conclusions A copy of the application was forwarded proposed herein, shall be filed within to the U.S. Department of Justice for its consideration. The time for filing com­ 10 days, and if notice is filed, written consideration. Time for filing comments ments and views has expired and all answer and supporting documents shall and views has expired and all those re­ those received have heen considered by be filed within 30 days after service of ceived have been considered by the this order; the Board. 3. If notice of objection is not filed Board. It is hereby ordered, For the reasons within 10 days after service of this order, It is hereby ordered, For the reasons set forth in the Board’s statement1 of or if notice is filed and answer is not set forth in the Board’s statement1 of this date, that said application be and this date, that said application be and filed within 30 days after service of this hereby is approved: Provided, That the order, all persons shall be deemed to hereby is approved: Provided, That the acquisition so approved shall not be con­ acquisition so approved shall not be con­ have waived the right to a hearing and all summated (a) before the 30th calendar other procedural steps short of a final summated (a) before the 30th calendar decision by the Board, and the Board day following the date of this order, or day following the date of this order or may enter an order incorporating the (b) later than 3 months after the date (b) later than 3 months after the date findings and conclusions proposed herein of this order, unless such period is ex­ of this order, unless such period is ex­ and fix and determine the final rates tended for good cause by the Board, or tended for good cause by the Board, or specified herein; by the Federal Reserve Bank of Atlanta by the Federal Reserve Bank of Atlanta 4. If answer is filed presenting issues pursuant to delegated authority. pursuant to delegated authority. for hearing, the issues involved in deter­ mining the fair and reasonable final Dated at Washington, D.C., this 5th Dated at Washington, D.C., this 5th rates shall be limited to those specifically day of February, 1970. day of February 1970. raised by the answer, except insofar By order of the Board of Governors.2 By order of the Board of Governors.2 as other issues are raised in accordance with Rule 307 of the rules of practice [seal] K enneth A. K enyon, [seal] K enneth A. K enyon, (14 CFR 302.307); and Deputy Secretary. Deputy Secretary. 5. This order shall be served upon [F.R. Doc. 70-1682; Filed, Feb. 10, 1970; [F.R. Doc. 70-1683; Filed, Feb. 10, 1970; Ross Aviation, Inc., the Postmaster Gen­ 8:45 a.m.] 8:45 a.m.] eral, Air West, Inc., United Air Lines, Inc., Western Air Lines, Inc., and Sonora 1 Filed as part of the original document. 1 Filed as part of the original document. Aviation, Inc. Copies available upon request to the Board Copies available upon request to the Board of Governors of the Federal Reserve System, of Governors of the Federal Reserve System, This order will be published in the Washington, D.C. 20551, or to the Federal Washington, D.C. 20551, or to the Federal F ederal R egister. Reserve Bank of Atlanta. Reserve Bank of Atlanta. By the Civil Aeronautics Board. 2Voting for this action: Vice Chairman 2Voting for this action: Vice Chairman Robertson and Governors Mitcheil, Daane, Robertson and Governors Mitchell, Daane, [seal] H arry J. Zink , Maisel, and Brimmer. Absent and not voting: Maisel, and Brimmer. Absent and not voting: Secretary. Chairman Martin and Governor Sherrill. Chairman Martin and Governor Sherrill. [F.R. Doc. 70-1708; Filed, Feb. 10, 1970; Chairman Burns was not a member of the Chairman Burns was not a member of the 8:47 a.m.] Board on the date of the Board’s decision. Board on the date of the Board’s decision.

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2839

fund requirement or to purchase bonds tion 22(d) of the Act to the extent that SECURITIES AND EXCHANGE for such purpose. said section requires investment com­ The fees and expenses to be paid by pany securities to be sold at the public Georgia in connection with the issuance offering price to all persons unless spe­ COMMISSION of the bonds are estimated at $2,500, in­ cifically exempted by said Act or Rule [File No. 1-3421] cluding $1,500 for charges of the Trustee 22d-l promulgated thereunder. All in­ CONTINENTAL VENDING MACHINE and counsel fee of $500. It is stated that terested persons are referred to the ap­ the issuance of the sinking fund bonds plication on file with the Commission CORP. has been authorized by the Georgia Pub­ for a statement of the representations Order Suspending Trading lic Service Commission $md that no other therein which are summarized below. State commission and no Federal com­ The Fund's shares are currently F ebruary 5,1970. mission, other than this Commission, offered to the public on a continuous It appearing to the Securities and Ex­ has jurisdiction over the proposed basis at net asset value plus varying sales change Commission that the summary transaction. charges depending upon the amount suspension of trading in the common Notice is further given that any inter­ purchased. Shares of the Fund are sold stock, 10 cents par value of Continental ested person may, not later than Febru­ both in the United States and in foreign Vending Machine Corp., and the 6 per­ ary 26, 1970, request in writing that a countries.' The Fund’s shares are also cent convertible subordinated deben­ hearing be held on such matter, stating the underlying security for Pilgrim In­ tures due September 1, 1976, being the nature of his interest, the reasons for vestment Plans for the Accumulation of traded otherwise than on a national se­ such request,, and the issues of fact or Shares of Pilgrim Fund, Inc. (“PIP”), a curities exchange is required in the pub­ law raised by said declaration which he unit investment trust registered under lic interest and for the protection of desires to controvert; or he may request the Act. Distributors is the sponsor- investors; that he be notified if the Commission depositor of PIP whose securities are It is ordered, Pursuant to section should order a hearing thereon. Any such currently registered with the Commis­ 15(c) (5) of the Securities Exchange Act request should be addressed: Secretary, sion. PIP’s securities are sold by author­ of 1934, that trading in such securities Securities and Exchange Commission, ized securities dealers in the United otherwise than on a national securities Washington, D.C. 20549. A copy of such States and foreign countries. exchange be summarily suspended, this request should be served personally or by Shares of the Fund are made avail­ order to be effective for the period Feb­ mail (airmail if the person being served able to the Custodian-Trustee of PIP at ruary 6,1970, through February 15,1970, is Ipcated more than 500 miles from the their current net asset value. These both dates inclusive. point of mailing) upon the declarant at shares are purchased by the Custodian- By the Commission. the above-stated address, and proof of Trust with the net proceeds received service (by affidavit or, in case of an from investors after deducting the ap­ [seal] Orval L. D uB ois, attorney at law, by certificate) should be plicable sales charges and any other au­ Secretary. filed with the request. At any time after thorized deductions. Since the initial [F.R. Doc. 70-1691; Filed, Feb. 10, 1970; said date, the declaration, as filed or as offering of PIP in 1966, the maximum 8:45 a.m.] it may be amended, may be permitted to amount deducted as sales charges from become effective as provided in Rule 23 the first year’s payments has been fifty of the general rules and regulations percent (50%) of such payments. [70-4832] promulgated under the Act, or the Com­ Recently, the Government of West GEORGIA POWER CO. mission may grant exemption from such rules as provided in Rules 20(a) and 100 Germany enacted a “Law Concerning the Notice of Proposed Issue of First thereof or take such other action as it Distribution of Foreign Investment Mortgage Bonds for Sinking Fund may deem appropriate. Persons who re­ Shares,” which, among other things, quest a hearing or advice as to whether limits the amount of sales charges that Purposes can be deducted from the first year’s F ebruary 5,1970. a hearing is ordered will receive notice of further developments in this matter, payments under periodic payment plans Notice is hereby given that Georgia including the date of the hearing (if to no more than one-third of each pay­ Power Co. (“Georgia”), 270 Peachtree ordered) and any postponements thereof. ment (paragraph 2, subparagraph 4(c) Street NW„ Atlanta, Ga. 30303, a public- of said Law). In order to continue the utility subsidiary company of The South­ For the Commission (pursuant to dele­ sale of the Fund’s shares in Germany by ern Co., a registered holding company, gated authority). means of periodic payment plans that has filed a declaration with this Com­ [seal] Orval L. DuBois, would comply with German law, Dis­ mission pursuant to the Public Utility Secretary. tributors intends to create a separate Holding Company Act of 1935 (“Act”) , trust vehicle for offering in Germany designating sections 6(a) and 7 thereof [F.R. Doc. 70-1692; Filed, Feb. 10, 1970; such periodic payment plans solely to as applicable to the proposed transaction. 8:45 a.m .j non-U.S. citizens and residents. Dis­ All interested persons are referred to the tributors also intends to enter into an declaration, which is summarized below, [812-2648] agreement with First Pennsylvania for a complete statement of the proposed PILGRIM FUND, INC., AND PILGRIM Overseas Development Corp., Ltd., a transaction. FUND DISTRIBUTORS, INC. Bahamian banking institution (herein­ Georgia proposes, on or prior to June 1, after referred to as “First Penn”), 1970, to issue $6,390,000 principal amount Notice of Filing of Application for an whereby First Penn will act as an in­ of its First Mortgage Bonds, 4% per­ Order of Exemption dependent trustee for such a trust cent Series due 1995, under the provisions (hereinafter referred to as “Foreign of its Indenture dated as of March 1, F ebruary5, 1970. Trust”). Under this arrangement, First 1941, between Georgia and Chemical Notice is hereby given that the Pil­ Penn would act as the trustee for the Bank, as Trustee, as amended and sup­ grim Fund, Inc. (the “Fund”), 185 Cross funds collected from sales of securi­ plemented, and to surrender such bonds Street, Fort Lee, N.J. 07024, a Mary­ ties issued by the Foreign Trust under to the Trustee in accordance with the land corporation registered as an open- a periodic payment plan. Upon receipt of sinking fund provisions. The bonds are end management investment company these funds, after deducting applicable to be identical with those authorized by under the Investment Company Act of sales charges, First Penn would pur­ the Commission on August 18, 1965 1940 (the “Act”), and Pilgrim Fund Dis­ chase shares of the Fund from Distribu­ iHolding Company Act Release No. tributors, Inc. (“Distributors”), a New tors at their then current net asset value. 15294) and are to be issued on the basis Jersey corporation, have filed an appli­ The deductions for sales charges taken of unfunded net property additions, thus cation pursuant to section 6(c) of the from the first year’s payments on sales making available for construction and Act requesting art order of the Commis­ through the Foreign Trust in Germany other purposes cash which would other­ sion exempting the transactions de­ to non-U.S. citizens or residents will be wise be required to satisfy the sinking scribed below from the provisions of sec­ the maximum permissible under the new

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2840 NOTICES

German law. Applicant’s counsel is of ment Co. provides for a reduction of the Opportunity Act of 1964, 78 Stat. 526, as the opinion that this proposed arrange­ advisory fee paid by the Fund on larger amended; and the Disaster Relief Act of ment is valid under German law and increments of assets managed by the 1969, 83 Stat. 125, the following authority meets the requirements of the appropri­ Pilgram Management Co. is hereby delegated: ate German regulatory authorities. Section (6) (c) of the Act provides 1. Regional Directors, Regions VI, VII, Section 22(d) of the Act provides in that the Commission by order upon ap­ and X —A. Financing program. 1. To ap­ pertinent part that no registered invest­ plication, may exempt any person, secu­ prove or decline business loans not ex­ ment company shall sell any redeem­ rity, or transaction, or any class or ceeding $350,000 (SBA share) and eco­ able security issued by it to any person classes of persons, securities or transac­ nomic opportunity loans not exceeding except either to or through a principal tions, from any provision or provisions $25,000 (SBA share). underwriter for distribution or at a cur­ of the Act or any rule or regulation under 2. a. To approve or decline disaster rent public offering price described in the Act, if and to the extent that such direct and immediate participation loans the Prospectus and if such class of secur­ exemption is necessary or appropriate in up to the total SBA share of (1) $50,000 ity is being currently offered to the the public interest and consistent with per household for repairs or replacement public by or through an underwriter, no the protection of investors and the pur­ of the home and/or not to exceed an principal underwriter of such security poses fairly intended by the policy and additional $10,000 allowable for house­ and no dealer shall sell any such secur­ provisions of the Act. hold goods and personal items, but in no ity to any person except a dealer, a Notice is further given that any inter­ event may the money loaned for physical principal underwriter or the issuer, ex­ ested person, may not later than Febru­ loss or damage exceed $55,000 for a single cept at a current public offering price ary 25, 1970 at 5:30 p.m., submit to the disaster on home loans, except for funds described in the Prospectus. Commission in writing a request for a to refinance prior liens or • mortgages, Rule 22d-l(f) only permits no-load hearing on the matter accompanied by a which may be approved in addition to sales to registered unit investment trusts statement as to the nature of his interest, the foregoing limits for amounts up to for the accumulation of fund shares. the reason for such request and the issue $50,000; and (2) $500,000 on disaster Foreign Trust will not be registered. Ap­ of fact or law proposed to be contro­ business loans (excluding displaced busi­ plicants, therefore, request an exemp­ verted, or he may request that he be ness loans), except to the extent of re­ tion from section 22(d) to the extent notified if the Commission should order financing of a previous SBA disaster a hearing thereon. Any such communica- - loan; and to approve disaster guaranteed necessary to permit the sale of shares of loans up to $1 million, and to decline the Fund to the Foreign Trust at current tion would be addressed: Secretary, Se­ them in any amount. net asset value, and to permit the For­ curities and Exchange Commission, b. To approve displaced business loans eign Trust to sell periodic payment plans Washington, D.C. 20549. A copy of such not exceeding $1 million (SBA share) for the acquisition of Fund shares in request shall be served personally or by and to decline them in any amount. Germany to non-U.S. citizens and resi­ mail (airmail if the person being served 3. To enter into business, economic dents with a front-end load that complies is located more than 500 miles from the opportunity and disaster loan participa­ with German law while at the same time point of mailing) upon applicant at the tion agreements with banks. such plans are being sold in the United address stated above. Proof of such serv­ 4. To execute loan authorizations for States by PIP with the higher front-end ice (by affidavit or in case of an attorney Central Office approved loans and for load permissible under American law. at law by certificate) shall be filed con­ loans approved under delegated author­ In support of its application Applicants temporaneously with the request. At any ity, said execution to read as follows: assert that the sales charges through PIP time after said date, as provided by Rule 0-5 of the rules and regulations pro­ (Name), Administrator and the Foreign Trust will be identical By — ...... except that the maximum amount which mulgated under the Act, an order dis­ (Name) may be deducted as a sales charge from posing of the application therein may Regional Director. the first year’s payments will be one- be issued by the Commission upon the third under the Foreign Trust and one- basis of the information stated in said 5. To cancel, reinstate, modify, and application, unless an order for hearing amend authorizations for business, eco­ half under PIP. Applicants contend that nomic opportunity, and disaster loans. if PIP were to reduce its first year’s sales upon said application shall be issued upon request or upon the Commission’s 6. To extend the disbursement period charge in the United States to coincide on all loan authorizations or undisbursed with Germany’s new maximum it would own motion. Persons who request a hear­ ing or advice as to whether a hearing is portions of loans. be at a disadvantage in competing for 7. To approve service charges by par­ dealers with those periodic investment- ordered, will receive notice of further developments in this matter, including ticipating banks not to exceed 2 percent plans in the United States which allow per annum on the outstanding principal the maximum front-end load permissible the date of the hearing (if ordered) and any postponements thereof. balance of construction loans and loans under American law. involving accounts receivable and inven­ Applicants represent that prospective By the Commission. tory financing. . shareholders of the Fund through the 8. To establish disaster field offices Foreign Trust will be provided with a [seal] Orval L. D uB ois, Secretary. upon receipt of advice of the designa­ prospectus of the Fund meeting the re­ tion of a disaster area; to advise on the quirements of the new German law. In [F.R. Doc. 70-1693; Filed, Feb. 10, 1970; making of disaster loans; to appoint as a conformance with this law such prospec­ 8:45 a.m.] processing representative any bank in the tus will include a German translation of disaster area; and to close disaster field the material portions of the Prospectus offices when no longer advisable to main­ of the Fund which is used in the United tain such offices. States as well as detailed information on SMALL BUSINESS 9. To approve or reject the request all charges and deductions applicable to of an applicant to file for a disaster loan the investor’s purchases. ADMINISTRATION after the period for acceptance under Applicants also assert that the grant­ the original disaster declaration, or ex­ ing of the requested application will [Delegation of Authority No. 30-0] tension thereof, has expired. stimulate foreign interest in the Fund REGIONAL DIRECTORS, REGIONS VI, 10. No authority is hereby delegated and thereby generate additional sales of VII, AND X, ET AL. to declare the nonapplicability of eligi­ Fund shares. These increased sales, ap­ bility limitations to a community emer­ plicants represent, will (1) benefit the Delegation of Authority To Conduct gency as set forth in § 120.2(e) of SBA United States by bringing in a flow of Program Activities in Field Offices Loan Policy Regulations. foreign dollars into the U.S. economy; B. Community economic development and (2) enable Fund shareholders to ob­ Pursuant to the authority vested in the program. 1. To approve or decline sec­ tain per share savings on fixed and ad­ Administrator by the Small Business Act, tion 501 State development company ministrative costs of the Fund since the 72 Stat. 384, as amended; the Small loans without dollar limitation and sec­ Investment Management Agreement be­ Business Investment Act of 1958, 72 Stat. tion 502 local development company tween the Fund and Pilgrim Manage­ 689, as amended; title IV of the Economic loans up to $350,000 (SBA share).

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2841

2. To extend the disbursement period ness Administration under the terms of 3. To approve, when requested, in ad­ on sections 501 and 502 loan authoriza­ a participation or guaranty agreement, vance of disbursement, conformed copies tions or undisbursed portions of sections or the assertion of a claim for recovery of notes and other closing documents; 501 and 502 loans. from a participating bank under any and certify to the participating bank 3. To execute sections 501 and 502 loan alleged violation of a participation or that such documents are in compliance authorizations for Central Office ap­ guaranty argeement. with the participation authorization. proved loans and for loans approved 2. To take all necessary action in 4. To conduct all litigation activities, under delegated authority, said execu­ liquidating Economic Development Ad­ including SBIC matters, as assigned, and tion to read, as follows: ministration (EDA) loans which are not to take all action necessary in connec­ (Name), Administrator classified as in litigation and acquired tion with the liquidation of all loans B y ------collateral, when and as authorized by classified as in litigation; and to do and (Name) EDA. perform and to assent to the doing and Regional Director. 3. To service claims arising under all performance of, all and every act and 4. To cancel, reinstate, modify, and lease insurance policies issued in the re­ thing requisite and proper to effectuate amend authorizations for sections 501 gion, approving the payment, or recom­ the granted powers, including without and 502 loans. mending denial of such claims. limiting the generality of the foregoing. 5. To enter into section 502 loan par­ 4. To take all actions necessary to mit­ a. The assignment, endorsement, ticipation agreements with banks. igate losses from lease guarantees. transfer and delivery (but in all cases 6. To approve or decline applications D. Procurement and management as­ without representation, recourse, or for the direct guarantee of payment of sistance program. ** 1. To approve ap­ warranty) of notes, claims, bonds, de­ rent not to exceed $1 million. plications for Certificates of Competency bentures, mortgages, deeds of trust, con­ 7. To issue and modify commitment up to but not exceeding $250,000 bid tracts, patents and applications therefor, letters, said issuance to read as follows: value received from small business con­ licenses, certificates of stock and of de­ cerns which are located within the geo­ (Name), Administrator posit, and any other liens, powers, rights, graphical jurisdiction of his regional charges on and interest in or to property B y ...... office, with the exception of re-referred (Name) of any kind, legal and equitable, now or Regional Director. cases. hereafter held by the Small Business Ad­ * * 2. To deny an application for a ministration or its Administrator, as to 8. To disburse approved EDA Loans, as Certificate of Competency when the re­ loans classified as in litigation. authorized. gional director agrees with an adverse C. Loan administration program. 1. Tosurvey report as to production or credit, b. The execution and delivery of con­ take all necessary actions in connection unless application for an SBA loan is tracts of sale or of lease or sublease, quit­ with the administration, servicing, col­ being filed, which, if approved, might claim, bargain and sale of special lection, and liquidation of all loans, with change the credit aspects of the case. warranty deeds, bills of sale, leases, sub­ the exception of those loans classified as E. Administrative. 1. To purchase re­ leases, assignments, subordinations, re­ in litigation; and to do and perform and productions of loan documents, charge­ leases (in whole or part) of liens, satis­ to assent to the doing and performance able to the revolving fund, requested by faction pieces, affidavits, proofs of claim of, all and every act and thing requisite U.S. attorneys in foreclosure cases. in bankruptcy or other estates, and such and proper to effectuate the granted 2. To (a) purchase office supplies and other instruments in writing as may be powers, Including without limiting the equipment, including office machines and appropriate and necessary to effectuate generality of the foregoing. rent regular office equipment and fur­ the foregoing, as to loans classified as in a. The assignment, endorsement, nishings; (b) contract for repair and litigation. transfer, and delivery (but in all cases maintenance of equipment and furnish­ c. Except: (a) To sell any primary ob­ without representation, recourse, or war­ ings; (c) contract for services required ligation or other evidence of indebted­ ranty) of notes, claims, bonds, deben­ in setting up and dismantling and mov­ ness owed to the Agency for a sum less tures, m o rtgages, deeds of trust, ing SBA exhibits and; (d) issue Gov­ than the total amount due thereon; and contracts, patents and applications ernment bills of lading. (b) to deny liability of the Small Busi­ therefor, licenses, certificates of stock 3. In connection with the establish­ ness Administration under the terms of and of deposit, and any other liens, pow­ ment of disaster loan offices, to obligate a participation or guaranty agreement, ers, rights charges on and interest in or to Small Business Administration to reim­ or the assertion of a claim for recovery property of any kind, legal and equitable, burse General Services Administration from a participating bank under any al­ now or hereafter held by the Small for the rental of office space. leged violation of a participation or Business Administration or its Adminis­ 4. To rent motor vehicles from the guaranty agreement. trator, except as to loans classified as in General Services Administration and to 5. To take all necessary action in liqui­ litigation. rent garage space for the storage of such dating Economic Development Adminis­ b. The execution and delivery of con­ vehicles when not furnished by this tration (EDA) loans which are classified tracts of sale or of lease or sublease, Administration. as in litigation, when and as authorized quitclaim, bargain and sale of special F. Eligibility determinations. To de­ by EDA. warranty deeds, bills of sale, leases, sub­ termine eligibility of applicants for as­ II. The specific authority in the sub­ leases, assignments, subordinations, re­ sistance under any program of the sections (except subsections I.D.l and leases (in whole or part) of liens, satis­ Agency, except the SBIC program, in IJD.2) may be redelegated. faction pieces, affidavits, and such other accordance with Small Business Ad­ instruments in writing as may be appro­ III. All authority delegated herein ministration standards and policies. may be exercised by any Small Business priate and necessary to effectuate the G. Size determinations. To make ini­ foregoing, except as to loans classified Administration employee designated as tial size determinations in all cases acting regional director, Region VI, act­ as in litigation. within the meaning of the Small Busi­ c. The approval of bank applications ing regional director, Region VII, or as ness Size Standards Regulations, as acting regional director, Region X. for use of liquidity privilege under the amended, and further, to make product loan guaranty plan. classification decisions for financial as­ Effective date: (a) January 26, 1970, d. To advertise regarding the public sistance purposes only. Product classifi­ for Regional Director of Region VII; (b) ®ale of (.a) .collateral in connection with cation decisions for procurement pur­ the nonjudicial liquidation of loans, and February 9, 1970, for Regional Director poses are made by contracting officers. of Region X; (c) March 2, 1970, for Re­ (b) acquired property. H. Legal services. 1. To close and dis­ e. Except: (a) To sell any primary burse approved SBA loans and rehabili­ gional Director of Region VI. obligation or other evidence of indebted- tation loans for Department of Housing H ilary Sandoval, Jr., ness owed to the Agency for a sum less and Urban Development. Administrator. than the total amount due thereon; and 2. To close approved EDA loans, as lb) to deny liability of the Small Busi­ [F.R. Doc. 70-1694; Filed, Feb. 10, 1970; authorized. 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2842 NOTICES [Declaration of Disaster Loan Area 751] aforesaid county, and areas adjacent Act of 1938 (52 Stat. 1060, as amended, thereto, suffered damage or destruction 29 U.S.C. 201 et seq.) and Administrative CALIFORNIA resulting from floods occurring on Janu­ Order No. 595 (31 F.R. 12981) the firms Declaration of Disaster Loan Area ary 22,1970. listed in this notice have been issued Office special certificates authorizing the em­ Whereas, it has been reported that Small Business Administration District Of­ ployment of learners at hourly wage during the month of January 1970, be­ fice, 921 Southwest Washington Street, rates lower than the minimum wage cause of the effects of certain disasters, Portland, Oreg. 97205. ( rates otherwise applicable under section damage resulted to residences and busi­ 6 of the act. For each certificate, the ness property located in northern Cali­ 2. Applications for disaster , loans effective and expiration dates, number fornia; under the authority of this declaration or proportion of learners and the princi­ Whereas, the Small Business Adminis­ will not be accepted subsequent to pal product manufactured by the estab­ tration has investigated and has received August 31,1970. lishment are as indicated. Conditions on other reports of investigations of condi­ Dated: February 3,1970. occupations, wage rates, and learning tions in the areas affected; periods which are provided in certificates Whereas, after reading and evaluating H ilary Sandoval, Jr., issued under the supplemental industry reports of such conditions, I find that Administrator. regulations cited in the captions below the conditions in such areas constitute [F.R. Doc. 70-1695; Filed, Feb. 10, 1970; are as established in those regulations; a catastrophe within the purview of the 8:46 a.m.] such conditions in certificates not issued Small Business Act, as amended. under the supplemental industry regula­ Now, therefore, as Administrator of [Declaration of Disaster Loan Area 750] tions are as listed. the Small Business Administration, I Apparel Industry Learner Regulations hereby determine that: VERMONT (29 CFR 522.1 to 522.9, as amended and 1. Applications for disaster loans un­ Declaration of Disaster Loan Area 29 CFR 522.20 to 522.25, as amended). der the provisions of section 7(b) (1) of The following normal labor turnover the Small Business Act, as amended, may Whereas, it has been reported. that certificates authorize 10 percent of the be received and considered by the office during the month of January 1970, be­ below indicated from persons or firms total number of factory production work­ cause of the effects of certain disasters, ers except as otherwise indicated. whose property, situated in those coun­ damage resulted to residences and busi­ ties of northern California, suffered dam­ ness property located in the town of Acme Garment Co., Wentzville, Mo.; 1-17- age or destruction resulting from floods 70 to 1-16-71; 10 learners (women’s, misses’ Swanton, Vt.; and junior’s surfers, capris, bermudas, slim occurring on January 21, 1970, and con­ Whereas, the Small Business Adminis­ pants, and shifts). tinuing thereafter. tration has investigated and has re­ Blain Products, Inc., Blain, Pa.; 1-22-70 Office ceived other reports of investigations of to 1-21-71; 5 learners (girls’ and ladies’ dresses). Small Business Administration Pacific conditions in the area affected; Whereas, after reading and evaluat­ Blount Manufacturing Co., Blountsville, Coastal, Regional Office, Region IX, 450 Ala.; l-14r-70 to 1-13-71 (children’s outer­ Golden Gate Avenue, San Francisco, Calif. ing reports of such conditions, I find that wear) . 94102. the conditions in such areas constitute Boystone Shirt Co., Inc., Decatur, Miss.; 2. Applications for disaster loans a catastrophe within the purview of the 1-11-70 to 1-10-71 (boys’ shirts). under the authority of this declaration Small Business Act, as amended. Byrds Manufacturing Corp., Albany, Ky.; Now, therefore, as Administrator of 1-23-70 to 1-22-71 (men’s and boys’ shirts will not be accepted subsequent to Au­ and women’s blouses). gust 31,1970. the Small Business Administration, I hereby determine that: C. & J. Manufacturing Co., Eastman, Ga.; Dated: February 3, 1970. 1. Applications for disaster loans 1-22-70 to 1-21-71 (boys’ shirts). Corbin, Ltd., Huntington, W. Va.; 1-17-70 H ilary S andoval, Jr., under the provisions of section 7(b)(1) to 1-16-71 (men’s pants). Administrator. of the Small Business Act, as amended, Edison Textiles, Inc., Edison, Ga.; 1-12-70 may be received and considered by the to 1-11-71 (women’s sportswear). [F.R. Doc. 70-1697; Filed, Feb. 10, 1970; office below indicated from persons or Emporia Garment Co., Inc., Emporia, Va.; . 8:46 a.m.] firms whose property, situated in the 1-24-70 to 1-23-71 (children’s dresses). aforesaid town, suffered damage or de­ L. & H. Shirt Co., Cochran, Ga.; 1-22-70 [Declaration of Disaster Loan Area 752] struction resulting from fire occurring to 1-21-71 (boys’ shirts). Macon Garment Co., Red Boiling Springs, OREGON on January 28 and 29,1970. Tenn.; 1-9-70 to 1-8-71 (men’s and boys’ Office Declaration of Disaster Loan Area dress slacks). Small Business Administration Regional Marcus Manufacturing Co., Nowata, Okla.; Whereas, it has been reported that Office, 87 State Street, Montpelier, Vt. 1-12-70 to 1-11-71; 10 learners (men’s pants). during the month of January 1970, be­ 05601. Mode O’Day Co.; Plant No. 6, Ottawa, Kans.; 1-11-70 to 1-10-71 (women’s and children’s cause of the effects of certain disasters, 2. Applications for disaster loans dresses). damage resulted to residences and busi­ under the authority of this declaration Princess Kent, Inc., Fort Kent, Maine; ness property located in Multnumah will not be accepted subsequent to 1-15-70 to 1-14-71; 10 learners (children’s County, Oreg. nightwear). Whereas, the Small Business Admin­ July 31,1970. Salant & Salant, Inc., Lawrenceburg, Tenn.; istration has investigated and has re­ Dated: January 30,1970. Loretto, Tenn.; 1-20-70 to 1-19-71 (men’s ceived other reports of investigations of work shirts and men’s and boys’ zipper jack­ Hilary S andoval, Jr., ets and western jeans). conditions in the area affected; Administrator. Whereas, after reading and evaluating Salant & Salant, Inc., Parsons, Tenn.; 1- [F.R. Doc. 70-1696; Filed, Feb. 10, 1970; 16-70 to 1-15-71 (men’s and boys’ work reports of such conditions, I find that 8:46 a.m.] pants). the conditions in such areas constitute a Samaria Garment Co., Inc., Nashville, N.C.; catastrophe within the purview of the 1-23-70 to 1-22-71; 10 learners (children’s Small Business Act, as amended. dresses). Now, therefore, as Administrator of DEPARTMENT OF LABOR W. E. Stephens Manufacturing Co., Inc., the Small Business Administration, I Watertown, Tenn.; 1-14-70 to 1-13-71; 10 Wage and Hour Division learners (men’s and boys’ shirts). hereby determine that: Stitchcraft, Inc., Athens, Ga.; 1-10-70 to 1. Applications for disaster loans CERTIFICATES AUTHORIZING THE 1-9-71 (ladies’ dresses). under the provisions of section 7(b)(1) EMPLOYMENT OF LEARNERS AT Swirl, Inc., Easley, S.C.; 1-15—70 to 1-14-71 of the Small Business Act, as amended, (women’s dresses). may be received and considered by the SPECIAL MINIMUM WAGES Wilker Brothers Co., Inc., McKenzie, Tenn.;^ office below indicated from persons or Notice is hereby given that pursuant 1-17-70 to 1-16-71 (men’s, boys’, and ladies’ firms whose property, situated in the to section 14 of the Fair Labor Standards pajamas).

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2843

The following plant expansion certifi­ actively participate in the proceeding. cates were issued authorizing the number INTERSTATE COMMERCE Any additional persons who desire to of learners indicated. actively participate and receive copies of Denise Lingerie Corp., Johnson City, COMMISSION the prepared material to be served shall Tenn.; 1-19-70 to 7-18-70; 80 learners notify the Commission, in writing, on or (women’s pajamas, gowns, and slips). [No. 35193] before March 6, 1970, as well as all per­ Durell Garment Co., Sanford, Fla.; 1-8-70 SOUTH CAROLINA INTRASTATE sons listed in Appendix A attached to 7-7-70; 10 learners (children’s dresses, hereto. Otherwise, any interested person blouses, and skirts). FREIGHT RATES, 1969 desiring to participate in this proceed­ F. Jacobson & Sons, Inc., Middlesboro, Ky.; In the matter of the assignment for ing may make his appearance at the 1-16-70 to 7-15-70; 25 learners (men’s dress hearing. shirts). hearing and directing special procedure. Lewisburg Sportswear, Inc., Lewisburg, Present: Laurence K. Walrath, Com­ It is further ordered, That on or before Tenn.; 1-16-70 to 7-15-70; 10 learners (boys’ missioner, to whom the matter which is April 23, 1970, the respondents and any sport shirts). the subject of this order has been re­ persons in support thereof shall file with Rockwell Manufacturing Corp., St. Paul, ferred for action thereon. the Commission three copies of reply Va.; 1-12-70 to 7-11-70; 15 learners (ladies’ It appearing that by order dated De­ verified statements of their witnesses, in brassieres and girdles). cember 9,1969, the Commission, Division writing, and at the same time, serve a Royal Manufacturing Co., Inc., New Hope, 2, instituted an investigation, pursuant copy of said statements upon all persons Ala.; 1-6-70 to 7-5-70; 30 learners (ladies’ to section 13 of the Interstate Commerce listed in Appendix A attached hereto and slacks). Act into the matters and things pre­ any additional persons who make known Glove Industry Learner Regulations sented in the petition filed November 14, their desire to actively participate in the (29 CFR 522.1 to 522.9, as amended and 1969, by the common carriers by railroad proceeding on or before March 6, 1970. 29 CFR 522.60 to 522.65, as amended). operating within the State of South It is further ordered, That parties de­ Indianapolis Glove Co., Inc., Mount Ida, Carolina wherein it is alleged that the siring to cross-examine witnesses who Ark.; 1-22-70 to 1-21-71; 10 percent of the Public Service Commission of South have submitted verified statements shall total number of machine stitchers for nor­ Carolina has refused to authorize or to give notice to that effect, in writing, to mal labor turnover purposes (work gloves). permit increases in rates and charges on the affiant and his counsel, if any, on or sand, stone, gravel, related articles, and before April 29, 1970, a copy of such Hosiery Industry Learner Regulations road building materials moving in in­ notice to be filed simultaneously with (29 CFR 522.1 to 522.9, as amended and trastate commerce corresponding to the Commission together with a request 29 CFR 522.40 to 522.43, as amended). those authorized by this Commission in for any underlying data that the wit­ Charles H. Bacon Co., Inc., Loudon, Tenn.; Ex Parte No. 259, Increased Freight nesses will be expected to have available 1-15-70 to 1-14-71; 5 percent of the total Rates, 1968, 590 and 714; for immediate reference at the hearing. number of factory production workers for And it further appearing, that upon normal labor turnover purposes (seamless All verified statements and attachments hosiery). consideration of the record in the above- as to which no cross-examination is re­ Round-The-Clock Hosiery, Grenada, Miss.; entitled proceeding, this matter is one quested will be considered as part of the 1-25-70 to 1-24-71; 5 percent of the total which should be referred to a hearing ex­ record. Any witness who has been re­ number of factory production workers for aminer for hearing and requires the quested to appear for cross-examination normal labor turnover purposes (women’s adoption of special procedure for the but fails to do so, subjects his verified panty hose and seamless hosiery). purpose of expediting ih e hearing; and statement to a motion to strike. Knitted Wear Industry Learner Reg­ for good cause showing: It is further ordered, That a hearing ulations (29 CFR 522.1 to 522.9, as It is ordered, That the above-entitled will be held commencing on May 11,1970, amended and 29 CFR 522.30 to 522.35, proceeding be, and it is hereby, referred 9:30 a.m. d.s.t. (or 9:30 a.m. U.S. stand­ as amended). to Hearing Examiner George P. Morin ard time, if that time is observed), at for hearing and for the recommendation The Spigner House, University of South The H. W. Gossard Co., Bristow, Okla.; of an appropriate order thereon, accom­ Carolina Campus, 915 Gregg Street, Co­ 1-20-70 to 1-19-71; 5 percent of the total number of factory production workers fpr panied by the reasons therefor. lumbia, S.C., for the purpose of hearing normal labor turnover purposes (women’s It is further ordered, That on or before cross-examination of witnesses so re­ underwear and nightwear). March 16,1970, the respondents and any quested; to afford opportunity to present persons in support thereof shall file with evidence in opposition to the cross- Each learner certificate has been is­ the Commission three copies of the veri­ examination; and such other pertinent sued upon the representations of the fied statements of their witnesses, in evidence which the examiner deems employer which, among other things, writing, together with any studies to be necessary to complete the record. were that employment of learners at offered at the hearing with a statement And it is further ordered, That a copy special minimum rates is necessary in where the underlying work papers to of this order be served upon the respond­ order to prevent curtailment of oppor­ such studies will be available for in­ ents and protestants; that the State of tunities for employment, and that ex­ spection by parties to the proceeding South Carolina be notified by sending a perienced workers for the learner occu­ and at the same time, serve a copy of copy of this order by certified mail to pations are not available. Any person such prepared material upon all persons the Governor of South Carolina, Colum­ aggrieved by the issuance of any of listed in Appendix A attached hereto and bia, S.C., and a copy to the Public Serv­ these certificates may seek a review or any additional persons who make known ice Commission of South Carolina, Co­ reconsideration thereof within 15 days their desire to actively participate in lumbia, S.C.; and that further notice be after publication of this notice in the the proceeding on or before March 6, given to the public by depositing a* copy Federal R egister pursuant to the provi­ 1970. of this order in the Office of the Secre­ sions of 29 CFR 522.9. The certificates tary of the Commission, Washington, may be annulled or withdrawn, as indi­ It is further ordered, That on or before April 13, 1970, protestants shall file with D.C., and by filing a copy with the Direc­ cated therein, in the manner provided tor, Office of the Federal Register, Wash­ in 29 CFR, Part 528. the Commission three copies of rebuttal verified statements of their witnesses, in ington, D.C., for publication in the F ed­ Signed at Washington, D.C., this 4th writing, and at the same time, serve a eral R egister. day of February 1970. copy of such prepared material upon all Dated at Washington, D.C., this 3d R obert G. G ronewald, persons listed in Appendix A hereto and day of February 1970. any additional persons who make known Authorized Representative By the Commission, Commissioner of the Administrator. their desire to actively participate on or before March 6, 1970. Attached hereto Walrath. [F.R. Doc. 70-1727; Filed, Feb. 10, 1970; as Appendix A is a list of all known per­ [seal] H. N eil Gabson, 8:48 aju.] sons who have indicated their desire to Secretary.

No. 29- FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2844 NOTICES

Appendix A all railroads subscribing to the car serv­ Deviation Rules—Motor Carriers of Pas­ RESPONDENTS ice and per diem agreement under the sengers, 1969 (49 CFR 1042.2(c) (9)) and terms of that agreement; and that it be notice thereof to all interested persons is E. W. Burroughs, Jr., Director of Research, Association of Southeastern Railroads, filed with the Director, Office of the Fed­ hereby given as provided in such rules 1920 L Street NW,, Suite 600, Washington, eral Register. (49 CFR 1042.2(c) (9)). D.C. 20036. Issued at Washington, D.C., Febru­ Protests against the use of any pro­ J. R. Davis, General Attorney, Seaboard Coast ary 5,1970. posed deviation route herein described Line Railroad Co., Post Office Box 1620, may be filed with the Interstate Com­ I nterstate Commerce Richmond, Va. 23213. merce Commission in the manner and George M. Gallamore, Jr., Assistant General Commission, form provided in such rules (49 CFR [seal] R. D. P fahler, Freight Agent, Seaboard Coast Line Rail­ 1042.2(c) (9)) at any time, but will not road, Co., Post Office Box 1620, Richmond, Agent. Va. 23213. operate to stay commencement of the [F.R. Doc. 70-1725; Filed, Feb. 10, 1970; proposed operations unless filed within James L. Howe III, Commerce Counsel, 8:48 a.m.] Southern Railway System, Washington, 30 days from the date of publication. D.C. 20013. Successively filed letter-notices of the PROTESTANTS FOURTH SECTION APPLICATIONS FOR same carrier under the Commission’s Revised Deviation Rules—Motor Carriers W. H. Kreckman, Albemarle Paper Co., Roa­ RELIEF noke Rapids, N.C. 27870. of property, 1969, will be numbered con­ R. W. Remmert, Assistant Director Trans­ F ebruary 6,1970. secutively for convenience in identifica­ portation, Vulcan Materials Co., Post Office Protests to the granting of an applica­ tion and protests, if any, should refer to Box 7497, Birmingham, Ala. 85223. such letter-notices by number. Robert M. Scott, The Greenville Concrete tion must be prepared in accordance with Co., et al., 1250 Connecticut Avenue, Wash­ Rule 1100.40 of the general rules of prac­ Motor Carriers of P assengers ington, D.C. 20036. tice (49 CFR 1100.40) and filed within No. MC 2661 (Deviation No. 3) IN­ 15 days from the date of publication of [F.R. Doc. 70-1714; Filed, Feb. 10, 1970; DIAN TRAILS, INC., 109 East Com­ 8:47 a.m.] this notice in the F ederal R egister. stock Street, Owosso, Mich. 48867, filed Long-and-S hort H aul January 26, 1970. Carrier proposes to operate as a common carrier, by motor [S.O. 1002; Car Distribution Direction No. FSA No. 41878—Phosphatic fertilizer vehicle, of passengers and their baggage, 75—A] solution to points in western trunkline and express and newspapers in the same territory. Filed by Western Trunk Line vehicle with passengers, over deviation BOSTON AND MAINE CORP., AND Committee, agent (No. A-2614), for in­ MAINE CENTRAL RAILROAD CO. routes as follows: tl) From junction In­ terested rail carriers. Rates on phos­ diana Toll Road, Interstate Highway 80- Car Distribution phatic fertilizer solution, in tank car­ 90 (Burns Harbor, Ind.), and access loads, as described in the application, highway, over access highway to junc­ Upon further consideration for Oar from Don and Epco, Idaho, also Garfield tion Tri-State Highway, Interstate Distribution Direction No. 75, and good and Geneva, Utah, to points in western Highway 80-94, thence over Interstate cause appearing therefor; trunkline territory. Highway 80-94 to junction Calumet Ex­ It is ordered, That ; Grounds for relief—Market competi­ pressway, Interstate Highway 94, thence Car Distribution Direction No. 75 be, tion, modified short-line distance for­ over Interstate Highway 94 to Chicago, and it is hereby, vacated. mula and grouping. HI., and (2) from Westpoint Terminal on It is further ordered, That this order Tariffs—Supplement 313 to Western the Indiana Toll Road, Interstate High­ shall become effective at 11:59 p.m., Trunk Line Committee, agent, tariff ICC way 90 and aceess road, over access road February 6, 1970, and that it shall be A-4411, supplement 106 to Colorado- to city streets in Hammond, Ind., thence served upon the Association of Ameri­ Utah-Wyoming Committee, agent, tariff over city streets in Hammond, Ind., to can Railroads, Car Service Division, as ICC 27, and supplement 67 to Union city streets in Calumet City, 111., thence agent of all railroads subscribing to the Pacific Railroad Co. tariff ICC 5606. over city streets in Calumet City, 111., to car service and per diem agreement un­ FSA No. 41879—Tin or terne plate to junction Dolton Road and the Calumet der the terms of that agreement; and Norrell Junction, Ala. Filed by Traffic Expressway, Interstate Highway 94, that it be filed with the Director, Office Executive Association—Eastern Rail­ thence over Interstate Highway 94 to of the Federal Register. roads, agent (E.R. No. 2968), for inter­ Chicago, 111., and return over the same Issued at Washington, D.C., Febru­ ested rail carriers. Rates on tin or teme routes, for operating convenience only. ary 5, 1970. plate and tin mill black plate, in car­ The notice indicates that the carrier is loads, as described in the application, I nterstate Commerce presently authorized to transport pas­ from specified points in Maryland, Ohio, Commission, sengers and the same property, over per­ Pennsylvania, and West Virginia, to [seal] R. D. P fahler, tinent service routes as follows: From Agent. Norrell Junction, Ala. Port Austin, Mich., over Michigan High­ Grounds for relief—Market competi­ way 25 via Caseville and Unionville, [F.R. Doc. 70-1724; Filed, Feb. 10, 1970; tion. 8:48 a.m.] Mich., to Bay City, Mich., thence over Tariff—Supplement 121 to Traffic Ex­ U.S. Highway 23 to Flint, Mich., thence ecutive Association-Eastern Railroads, over Michigan Highway 78 via Perry and [S.O. 1002; Car Distribution Direction Agent, tariff ICC C-428. Charlotte, Mich., to Battle Creek, Mich., No. 76-A] By the Commission. thence over U.S. Highway 12 via Kala­ PENN CENTRAL CO., BOSTON AND mazoo, Mich., and Michigan City, Ind., [seal] H. N eil Garson, to Chicago, 111. (also from Charlotte, MAINE CORP. AND MAINE CEN­ Secretary. Mich., over U.S. Highway 27 to Marshall, TRAL RAILROAD CO. [F.R. Doc. 70-1720; Filed, Feb. 10, 1970; Mich., thence over U.S. Highway 12 to 8:48 a.m.] Car Distribution Battle Creek), and (2) from Chicago, 111., over U.S. Highway 20 via Rolling Prairie, Upon further consideration of Car [Notice 1] Ind., to South Bend, Ind., thence over Distribution Direction No. 76, and good U.S. Highway 31 to Niles, Mich., thence cause appearing therefor: MOTOR CARRIER ALTERNATE ROUTE over Michigan Highway 40 to junction It is ordered, That: DEVIATION NOTICES U.S. Highway 12, and return over the Car Distribution Direction No. 76 be, same routes. F ebruary 6,1970. and it is hereby, vacated. By the Commission. It is further ordered, That this order The following letter-notices of pro­ shall become effective at 11:59 p.m„ Feb­ posals to operate over deviation routes [seal] H. N eil Garson, ruary 6, 1970, and that it shall be served for operating convenience only have been Secretary. upon the Association of American Rail­ filed with the Interstate Commerce Com­ [F.R. Doc. 70-1721; Filed, Feb. 10, 1970; roads, Car Service Division, as agent of mission under the Commission’s Revised 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2845

[Notice 5] thence over U.S. Highway 34 to Glen- and U.S. Highway 50 at Lee’s Summit, MOTOR CARRIER ALTERNATE ROUTE wood, Iowa, thence over U.S. Highway Mo., over U.S. Highway Bypass 71 to 275 to Omaha, Nebr., and return over junction Missouri Highway 150 (for­ DEVIATION NOTICES the same routes. merly Missouri Highway 155), thence F ebruary 6,1970. No. MC 48958 (Deviation No. 21), IL- oyer Missouri Highway 150 to junction The following letter-notices of pro­ LINOIS-CALIFORNIA EXPRESS, INC., Missouri Highway 7, thence over Mis­ posals to operate over deviation routes 510 East 51st Avenue, Denver, Colo. souri Highway 7 to junction Missouri for operating convenience only have been 80216, filed January 20, 1970. Carrier’s Highway 58, thence over Missouri High­ filed with the Interstate Commerce Com­ representative: Morris G. Cobb, Post Of­ way 58 to junction U.S. Highway 50, and mission under the Commission’s Revised fice Box 9050, Amarillo, Tex. 79105. Car­ return over the same route, with service Deviation Rules-Motor Carriers of Prop- rier proposes to operate as a common over the route limited to that which is perty, 1969 (49 CFR 1042.4(d) (11)) and carrier, by motor vehicle, of general auxiliary to, or supplemental of, the rail notice thereof to all interested persons commodities, with certain exceptions, service of the Missouri Pacific Rail­ is hereby given as provided in such rules over a deviation route as follows: Be­ road Co. (49 CFR 1042.4(d) (ID ). tween Denver, Colo., and Amarillo, Tex., By the Commission. Protests against the use of any pro­ over U.S. Highway 287, for operating posed deviation route herein described convenience only. The notice indicates [seal] H. N eil Garson, may be filed with the Interstate Com­ that the carrier is presently authorized Secretary. merce Commission in the manner and to transport the same commodities, over [F.R. Doc. 70-1718; Filed, Feb. 10, 1970; form provided in such rules (49 CFR pertinent service routes as follows: (1) 8:48 a.m.] 1042.4(d) (12)) at any time, but will not From Los Angeles, Calif., over U.S. High­ operate to stay commencement of the way 66 via San Bernardino, Calif., to [Notice 13] proposed operations unless filed within Albuquerque, N. Mex., thence over U.S. 30 days from the date of publication. Highway 85 to Denver, Colo., (2) from MOTOR CARRIER APPLICATIONS AND Successively filed letter-notices of the Springer, N. Mex., over New Mexico CERTAIN OTHER PROCEEDINGS same carrier under the Commission’s Re­ Highway 58 to junction New Mexico vised Deviation Rules-Motor Carriers of Highway 39, thence over New Mex­ F ebruary 6,1970. Property, 1969, will be numbered con­ ico Highway 39 to junction New Mexico The following publications are gov­ secutively for convenience in identifica­ Highway 18 (at or near Grady, N. Mex.), erned by the new Special Rule 247 of the tion and protests, if any, should refer to thence over New Mexico Highway 18 to Commission’s rules of practice, published such letter-notices by number. Clovia, N. Mex., and (3) from Amarillo, in the F ederal R egister, issue of Decem­ Tex., over U.S. Highway 66 to San Jon, ber 3,1963, which became effective Janu­ Motor Carriers of P roperty N. Mex., and return over the same routes. ary 1,1964. No. MC 26739 (Deviation No. 33), No. MC 89723 (Deviation No. 14), MIS­ The publications hereinafter set forth CROUCH BROS., INC., Post Office Box SOURI PACIFIC TRUCK LINES, INC., reflect the scope of the applications as 1059, St. Joseph, Mo. 64502, filed Janu­ 210 North 13th Street, St. Louis, Mo. filed by applicant, and may include de­ ary 14, 1970. Carrier proposes to operate 63103, filed January 19, 1970. Carrier scriptions, restrictions, or limitations as a common carrier, by motor vehicle, proposes to operate as a common carrier, which are not in a form acceptable to of general commodities, with certain ex­ by motor vehicle, of general commodities, the Commission. Authority which ulti­ ceptions, over a deviation route as fol­ with.certain exceptions, over a deviation mately may be granted as a result of the lows: From junction U.S. Highway 34 route as follows: Between Tyler, Tex., applications here noticed will not neces­ and 66 at Berwyn, 111., over U.S. High­ and Palestine, Tex., over Texas Highway sarily reflect the phraseology set forth in way 34 to junction Illinois Highway 65, 155, for operating convenience only. The the application as filed, but also will thence over Illinois Highway 65 to Au­ notice indicates that the carrier is pres­ eliminate any restrictions which are not rora, 111., thence over U.S. Highway Busi­ ently authorized to transport the same acceptable to the Commission. ness Route 30 to junction U.S. Highway commodities, over pertinent service Applications Assigned for Oral H earing 30, thence over U.S. Highway 30 to junc­ routes as follows: (1) From Longview, tion Illinois Highway 2, thence over Illi­ Tex., over U.S. Highway 259 to Hender­ MOTOR CARRIERS OF PROPERTY- nois Highway 2 to junction Illinois High­ son, Tex., thence over U.S. Highway 79 No. MC 103993 (Sub-No. 435) (Repub­ way 92, and return over the same route, to Round Rock, Tex., thence over U.S. lication) , filed July 2, 1969, published in for operating convenience only. The no­ Highway 81 to Laredo, Tex., and (2) the F ederal R egister issue of August 7, tice indicates that the carrier is presently from Mineola, Tex., over U.S. Highway 1969, and republished this issue. Appli­ authorized to transport the same com­ 69 to Tyler, Tex., thence over Texas cant: MORGAN DRIVE-AWAY, INC., modities, over pertinent service routes Highway 110 to New Summerfield, Tex., 2800 West Lexington Avenue, Elkhart, as follows: (1) From Chicago, 111., over and return over the same routes, with Ind. 46514. Applicant’s representative: U.S. Highway 66 to junction U.S. High­ service over the routes limited to that Paul D. Borghesani (same address as ap­ way 52, thence over U.S. Highway 52 to which is auxiliary to, or supplemental of, plicant). By application filed July 2, junction U.S. Highway 51, thence over the rail service of the Missouri Pacific 1969, as amended, applicant seeks a cer­ U.S. Highway 51 to Mendota, 111., thence Railroad Co. tificate of public convenience and neces­ over Illinois Highway 92 to Moline-Rock No. MC 89723 (Deviation No. 15), MIS­ sity authorizing operation, in interstate Island, 111., thence over the Mississippi SOURI PACIFIC TRUCK LINES, INC., or foreign commerce, as a common car­ River to U.S. Highway 61, thence over 210 North 13th Street, St. Louis, Mo. rier by motor vehicle, over irregular U.S. Highway 61 to junction Iowa High­ 63103, filed January 20, 1970. Carrier routes, of trailers designed to be drawn by way 92, thence over Iowa Highway 92 to proposes to operate as a common carrier, passenger automobiles, in initial move­ Washington, Iowa, thence over Iowa by motor vehicle, of general commodities, ments, from points in Nash County, Highway 1 to Fairfield, Iowa, thence over with certain exceptions, over a devia­ N.C., to points in the United States east U.S. Highway 34 to Ottumwa, Iowa, tion route as follows: From junction U.S. of the western boundaries of Wisconsin, thence over U.S. Highway 63 to Bloom­ Highway Bypass 71 and U.S. Highway Illinois, Kentucky, Tennessee, and Mis­ field, Iowa, thence over Iowa Highway 2 50 at Lee’s Summit, Mo., over U.S. High­ sissippi. An order of the Commission, to Bedford, Iowa, thence over Iowa High­ way 50 to junction Missouri Highway 58, Review Board No. 2, decided January 28, way 148 to the Iowa-MisSouri State line, 6 miles west of Warrensburg, Mo., and 1970, and served February 3, 1970, finds thence over U.S. Highway 27 to junction return over the same route, for operating that the present and future public con­ U.S. Highway 71, thence over U.S. High­ convenience only. The notice indicates venience and necessity require operation way 71 to Maryville, Mo., and (2) from by applicant, in interstate or foreign Maryville, Mo., over U.S. Highway 71 to that the carrier is presently authorized commerce, as a common carrier by mo­ Clarinda, Iowa, thence over Iowa High­ to transport the same commodities, over tor vehicle, over irregular routes, of way 2 to Shenandoah, Iowa, thence over a pertinent service route as follows: trailers designed to be drawn by passen­ U.S. Highway 59 to Emerson, Iowa, From junction U.S. Highway Bypass 71 ger automobiles, in initial movements,

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2846 NOTICES from the plantsite of Outdoor Living ing Prague, Okla., for purposes of icing, maintenance, and dismantling of Sales, Inc., in Nash County, N.C., to joinder only. Note: Applicant states pipelines including the stringing and points in the United States east of the authority to operate over this route is picking up thereof, and such other com­ western boundaries of Wisconsin, Illi­ currently contained in MC 61440 (Sub- modities as require specialized handling nois, Kentucky, Tennessee, and Missis­ No. 74). No duplicating authority is or rigging because of size or weight, be­ sippi; that applicant is fit, willing, and sought. This is a matter directly related tween points in Texas; and iron and steel able properly to perform the service to MC-F-10696 published in the Federal articles, from Corpus Christi, Galveston, authorized, and to conform to the re­ R egister issue of January 7, 1970. If a and Houston, Tex., to points in New quirements of the Interstate Commerce hearing is deemed necessary, applicant Mexico and Texas. LEONARD BROS. Act and the Commission’s rules and reg­ requests"it be held at Oklahoma City, TRUCKING CO., INC. is authorized to ulations thereunder. Because it is possi­ Okla. operate as a common carrier in all States ble that other persons who have relied Applications Under Sections 5 and in the United States (except Alaska and upon the notice of the application as 210a(b) Hawaii), and the District of Columbia. published, may have an interest in and Application has not been filed for tem­ would be prejudiced by the lack of proper The following applications are gov­ porary authority under section 210a(b). notice of the authority described in the erned by the Interstate Commerce Com­ N ote: LEONARD BROS. TRUCKING findings in this order, a notice of the mission’s special rules governing notice CO., INC., controls. SOUTHWESTERN authority actually granted will be pub­ of filing of applications by motor car­ TRANSFER COMPANY, INC., through lished in the F ederal R egister and issu­ riers of property or passengers under sec­ ownership of capital stock pursuant to ance of a certificate in this proceeding tions 5(a) and 210a(b) of the Interstate authority granted in No. MC-F-9801 and will be withheld for a period of 30 days Commerce Act and certain other proceed­ MC-F-9867, by Review Board No. 5, from the date of such publication, dur­ ings with respect thereto (49 CFR 1.240). dated February 27, 1968, and consum­ ing which period any proper party in MOTOR CARRIERS OF PROPERTY mated March 21, 1968. interest may file a petition to reopen or No. MC-F-10740. Authority sought for for other appropriate relief setting forth No. MC-F-10739. Authority sought for purchase by SUPERIOR TRUCKING, in detail the precise manner in which it merger into LEONARD BROS. TRUCK­ COMPANY, INC., 2770 Peyton Road has been so prejudiced. ING CO., INC., 2595 Northwest 20th NW., Atlanta, Ga. 30321, of the operating Street, Miami, Fla. 33152, of the operat­ Applications for Certificates or Per­ rights of WAHOO TRANSFER, INC., ing rights and property of SOUTH­ Wahoo, Nebr. 68088, and for acquisition mits Which Are To Be Processed Con­ WESTERN TRANSFER COMPANY, currently with Applications Under by SPECIALIZED SERVICE, INC., also INC., 2595 Northwest 20th Street, Miami, of Atlanta, Ga. 30321, of control of such Section 5 Governed by S pecial Rule Fla. 33152, and for acquisition by ARM- 240 to the Extent Applicable rights through the purchase. Applicants’ LON LEONARD, also of Miami, Fla., of attorneys: Acklie and Peterson, 521 No. MC 43421 (Sub-No. 42), filed control of such rights and property South 14th Street, Post Office Box 806, January 15, 1970. Applicant: DOHRN through the transaction. Applicants’ at­ Lincoln, Nebr. 68501, and K. Edward TRANSFER COMPANY, a corporation, torney and representative: Wm. O. Wolcott, 2770 Peyton Road NW., At­ 4016 Ninth Street, Rock Island, HI. 61201. Turney, 2001 Massachusetts Avenue lanta, Ga. 30321. Operating rights sought Applicant’s representative: David Axel­ NW., Washington, D.C. 20036, and to be transferred: General commodities, rod, 39 South La Salle Street, Chicago, Fred Dewhurst, 2595 Northwest 20th excepting among others, classes A and HI. 60603. Authority sought to operate as Street, Miami, Fla. 33152. Operating B explosives, household goods and com­ a common carrier, by motor vehicle, over rights sought to be merged: Mine ma­ modities in bulk, as a common carrier irregular routes, transporting: General chinery, ranch and farm equipment, and over regular routes, between Lincoln, commodities (except those of unusual contractors’ equipment, machinery, Nebr., and Fremont, Nebr., serving all value, classes A and B explosives, house­ materials, and supplies, as a Common intermediate points; and the off-route hold goods as defined by the Commission, carrier, over irregular routes, between points of Swedeburg and Ithaca, Nebr., commodities in bulk and those requiring El Paso, Tex., and points within 50 miles between Wahoo, Nebr., and Omaha, special equipment), between points in thereof, on the one hand, and, on the Nebr., serving all intermediate points; Massachusetts, restricted to traffic mov­ other, points in New Mexico; commod­ and the off-route point of Yutan, Nebr.; ing to and from points west of Pennsyl­ ities, the transportation of which because general commodities, except those re­ vania. N ote: Applicant states that it in­ of size or weight requires the use of quiring special equipment, between Lin­ tends to tack at Boston, Mass., and points special equipment, and related machinery coln, Nebr., and Wahoo, Nebr., serving in Massachusetts within 10 miles of Bos­ parts and related contractors’ materials all intermediate points, and certain off- ton. This application is a matter directly and supplies when their transportation route points, between junction U.S. High­ related to Docket No. MC-F-10722, pub­ is incidental to the transportation by way 77 and Nebraska 92, and Omaha, lished F ederal R egister issue of Janu­ carrier of commodities which by reason Nebr., serving all intermediate points, ary 28, 1970. If a hearing is deemed of size or weight require special equip­ and certain off-route points, with re­ necessary, applicant requests it be held ment, and road construction machinery striction; general commodities, except at Boston, Mass. and equipment, between points in Ari­ those requiring special equipment, over No. MC 61440 (Sub-No. 124) filed De­ zona and New Mexico, and those in Texas irregular routes, between points in cember 29, 1969. Applicant: LEE WAY west of the eastern boundary lines of Saunders County, Nebr., between points MOTOR FREIGHT, - INC., 3000 West Lipscomb, Hemphill, Wheeler, Collings­ in Saunders County, Nebr., on the one Reno, Oklahoma City, Okla. 73108. Appli­ worth, Hall, Motley, Dickens, Kent, hand, and, on the other, points in Ne­ cant’s representative: Richard H. Cham- Scurry, Howard, Glasscock, Reagan, braska (except Custer, Valley, Howard plin, Post Office Box 82488, Oklahoma Crockett, and Val Verde Counties, Tex.; and Sherman Counties), with restric­ City, Okla. 73108. Authority sought to self-propelled articles, each weighing tion; coal, from points within 25 miles of operate as a common carrier, by motor 15,000 pounds or more, and related ma­ Denver, Colo., to Sidney, Nebr., and vehicle, over regular routes, transport­ chinery, tools, parts, and supplies moving points in Nebraska within 50 miles of ing: General commodities (except those in connection therewith, between points Sidney, Nebr.; cement, feed, and petrol­ of unusual value, livestock, household in Arizona, New Mexico, and Texas, with eum products, in containers, from Den­ goods as defined by the Commission, restriction; machinery, equipment, ma­ ver, Colo., to Sidney, Nebr., and points in commodities in bulk, commodities re­ terials, and supplies used in, or in con­ Nebraska within 50 miles of Sidney, quiring special equipment, and those in­ nection with, the discovery, development, Nebr.; empty petroleum product con­ jurious or contaminating to other lad­ production, refining, manufacture, proc­ tainers, from Sidney, Nebr., and points ing) , between Oklahoma City and essing, storage, transmission, and dis­ in Nebraska within 50 miles of Sidney, Prague, Okla.: From Oklahoma City tribution of natural gas and petroleum and their products and byproducts, and Nebr., to Denver, Colo.; farm machinery over U.S. Highway 62 to Prague, Okla., machinery, equipment, materials, and and parts, from Sidney, Nebr., to cer­ and return over the same route, serv­ supplies used in, or in connection with, tain specified points in Colorado; lum­ ing no intermediate points and serv­ the construction, operation, repair, serv­ ber, from Denver, Colo., and points

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2847 within 50 miles of Denver, Colo., to Sid­ Scranton, Pa., Wheeling, W. Va., Rich­ leans, La. 70150, and for acquisition by ney, Nebr., and points in Nebraska with­ mond and Norfolk, Va., and certain SOLOMON R. BAKER, 404 North Rox- in 50 miles of Sidney, Nebr.; livestock, specified points in New York; frozen bury Drive, Beverly Hills, Calif. 90210, between Sidney, Nebr.,-on the one hand, fruits and frozen vegetables, from Plant Of control of ARMORED CAR, INC., and, on the other, certain specified City and Tampa, Fla., to points in through the acquisition by BAKER IN­ points in Colorado; hay and grain, be­ Georgia, North Carolina, South Carolina, DUSTRIES, INC.; and (2) merger into tween Sidney, Nebr., and points in Ne­ Baltimore, Md., Jersey City and Newark, WELLS FARGO ARMORED SERVICE braska within 50 miles of Sidney, Nebr., N.J., Philadelphia, Pa., New York, N.Y., CORPORATION (Delaware corpora­ on the one hand, and, on the other, cer­ and the District of Columbia, from tion), 210 Baker Street NW., Atlanta, tain specified points in Colorado; and Plant City, Fla., to points in Alabama, Ga. 30302, of the Operating rights and household goods as defined by the Com­ Connecticut, Delaware, Illinois (except property of ARMORED CAR, INC., Box mission, and emigrant movables, between Chicago), Indiana (except Lafayette and 50783, 2654 Poydras Street, New Orleans, Sidney, Nebr., and points in Nebraska Indianapolis), Kansas, Kentucky (ex­ La. 70150. Applicants’ attorney: Francis within 50 miles of Sidney, Nebr., on the cept Louisville, Lexington, Frankfort, and W. Mclnerny, Suite 502, Solar Building, one hand, and, on the other, points in Middlesboro), Massachusetts, Michigan, 1000 16th Street NW., Washington, D.C. Colorado. Vendee is authorized to oper­ Missouri, Ohio (except Cincinnati and 20036. Operating rights sought to be (1) ate as a common carrier in South Caro­ Cleveland), Rhode Island, and Tennessee controlled and (2) merged: Currency, lina, Tennessee, Georgia, Alabama, (except Knoxville); candy, from Nauga­ bullion, and related money transfers, as Louisiana, Mississippi, North Carolina, tuck Conn., and Chicago, HI., to Tampa, v a contract carrier, over regular routes, Arkansas, Texas, Virginia, Maryland, Fla.; canned fruits and canned fruit" from New Orleans, La., to Baton Rouge, Pennsylvania, New Jersey, New York, products, from points in Florida in and La., arid Moss Point, Miss., serving cer­ Massachusetts, Rhode Island, Missouri, south of Levy, Marion, Lake, and Volu­ tain intermediate and off-route points, California, West Virginia, Wisconsin, sia Counties, Fla., to points in Ala­ from New Orleans, La., to Pensacola, New Mexico, Delaware, Arizona, Kansas, bama (except Mobile), Georgia (except Fla., serving the intermediate point of Iowa, Illinois, Indiana, Connecticut, Savannah and Atlanta, Ga., and its com­ Mobile, Ala., and certain off-route points; Maine, New Hampshire, Oklahoma, Ver­ mercial zone as defined by the Commis­ United States currency, bullion, and as­ mont, Florida, Michigan, Nebraska, sion), South Carolina, Tennessee, and sociated money transfers, between New Minnesota, Ohio, and the District of Kentucky; foodstuffs (except frozen food Orleans, La., and Vicksburg, Miss., serv­ Columbia. Application has not been filed and foodstuffs in bulk), from the plant- ing certain intermediate points; coin, for temporary authority under section sites and storage facilities of Duffy-Mott over irregular routes, between Atlanta, 210a(b). Co. at Hamlin, Holly, and Williamson, Ga., Birmingham, Ala., Charlotte, N.C., No. MC-F-10741. Authority sought for N.Y., with restriction; and foodstuffs, certain specified points in Texas, Jack­ control and merger by BELFORD except frozen foods, frozen berries, and sonville, Fla., Little Rock, Ark., Mem­ TRUCKING CO., INC., 3500 Northwest frozen vegetables and commodities in phis, Tenn., New Orleans, La., Oklahoma 79th Avenue, Post Office Box 154, Miami, bulk, from certain specified points in City, Okla., Philadelphia, Pa., St. Louis Fla. 33148, of the operating rights and New York, to points in Arkansas and and Kansas City, Mo., and Washington, property of MILES TRUCKING CO., Oklahoma. BELFORD TRUCKING CO., D.C., with restriction; between Atlanta, INC., Post Office Box 578, Plant City, Fla. INC. is authorized to operate as a com­ Ga., Birmingham, Ala., Charlotte, N.C., 33566, and for acquisition by MIDWEST mon carrier in all States in the United Denver, Colo., Jacksonville, Fla., Mem­ EMERY FREIGHT SYSTEM, INC., and States (except Alaska and Hawaii), and phis and Nashville, Tenn., New Orleans, in turn by RENTAR INDUSTRIES, the District of Columbia. Application La., Richmond, Va., and Washington, INC., both of 7000 South Pulaski Road, has been filed for temporary authority D.C.; bullion, from Fort Knox, Ky., to Chicago, HI. 60629, of control of such under section 210a(b). Philadelphia, Pa., with restriction; rights and property through the trans­ No. MC-F-10742. Authority sought for from Philadelphia, Pa., to Fort Knox, action. Applicants’ attorneys; Axelrod, control by GEORGE H. JAMERSON Ky.; currency, bonds, and securities, be­ Goodman and Steiner, 39 South La Salle AND THOMAS J. JAMERSON, doing tween Atlanta, Ga., Birmingham, Ala., Street, Chicago, 111. 60603. Operating business * as JAMERSON BROTHERS Jacksonville, Fla., Nashville, Tenn., and rights sought to be controlled and TRUCKING COMPANY, Post Office Box New Orleans, La.; and coin, currency, merged: Fresh fruits, and fresh vege­ 205, Appomattox, Va. 24522, of APPO­ and other items of unusual value, be­ tables, as a common carrier, over irreg­ MATTOX TRUCKING COMPANY, IN­ tween Meridian, Miss., and Butler, Ala., ular routes, from Plant City, Fla., to CORPORATED, Appomattox, Va. 24522. with restriction. WELLS FARGO AR­ points in Florida on and south of Florida Applicants’ attorney: Bruce E. Mitchell, MORED SERVICE CORPORATION Highway 60, to Philadelphia, Pa., New Suite 301, Tavern Square, 421 King (Delaware corporation) is authorized to York, N.Y., St. Louis, iMo., Chicago, 111., Street, Alexandria, Va. 22314. Operating operate as a contract carrier in New Cincinnati, Ohio, Baltimore, Md„ and rights sought to be controlled: Lumber York, Pennsylvania, Delaware, Massa­ the District of Columbia, from Plant and pallets, as a contract carrier, over chusetts, New Jersey, Connecticut, and City and Tampa, Fla., to points in Geor­ irregular routes, from Drakes Branch, the District of Columbia. Application has gia, North Carolina, South Carolina, Va., to points in West Virginia, Ohio, not been filed for temporary authority Baltimore, Md., Jersey City and Newark, Maryland, Delaware, Pennsylvania, New under section 210a(b). N.J., Philadelphia, Pa., New York, N.Y., Jersey, New York, and the District of and the District of Columbia, from cer­ Columbia; and lumber from Drakes By the Commission. tain specified points in Florida to points Branch, Va., to Bargersville, Ind., and [seal] H. N eil Garson, in Georgia, North Carolina, South Caro­ Louisville, Ky., with restriction, GEORGE Secretary. lina, Baltimore, Md., Jersey City and H. JAMERSON AND THOMAS J. [F.R. Doc. 70-1717; Filed, Feb. 10, 1970; Newark, N.J., Philadelphia, Pa., New JAMERSON, doing business as JAMER­ 8:48 a.m.] York, N.Y., and the District of Columbia, SON BROTHERS TRUCKING COM­ from Hendersonville, N.C., and points in PANY is authorized to operate as a South Carolina to Plant City, Fla.; contract carrier in Virginia, Connecticut, [Notice 21] frozen fruits, from Lexington, N.C., to Delaware, niinois, Indiana, Maryland, MOTOR CARRIER TEMPORARY Milwaukee, Wis., Birmingham, Ala., Massachusetts, Michigan, and New Pittsburgh, Pa., Wheeling, W. Va., and York. Application hasw not been filed for AUTHORITY APPLICATIONS certain specified points in Ohio; frozen temporary authority under section F ebruary 5,1970. vegetables, from Barker, N.Y., to Plant 210a(b). City, Fla.;. The following are notices of filing of No. MC-F-10743. Authority sought for applications for temporary authority un­ Frozen fruits, berries, and vegetables, (1) control by BAKER INDUSTRIES, from Plant City, Fla., to Omaha, Nebr., INC., 8 Ridgedale Avenue, Cedar Knolls, der section 210a(a) of the Interstate Milwaukee, Wis., Chicago, HI., Cincin­ N.J. 07927, of ARMORED CAR, INC., Commerce Act provided for under the nati and Cleveland, Ohio, Pittsburgh and Box 50783, 2654 Poydras Street, New Or­ new rules of Ex Parte No. MC-67, (49

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2848 NOTICES

CFR Part 1131) published in the F ed­ as above). Authority sought to operate sought to operate as a common carrier, eral R egister, issue of April 27,1965, ef­ as a common carrier, by motor vehicle, by motor vehicle, over irregular routes, fective July 1, 1965. These rules provide over irregular routes, transporting: Pe­ transporting: Meats, meat products, that protests to the granting of an ap­ troleum naphtha, in bulk, in tank vehi­ meat byproducts and articles distributed plication must be filed with the field cles, from Cleveland, Okla. to Hill Air by meat packinghouses as described in official named in the F ederal R egister Force Base, Utah, for 180 days. Support­ sections A and C of appendix I of the publication, within 15 calendar days ing shipper: Kerr McGee Oil Corp., Ray report in Descriptions in Motor Carrier after the date of notice of the filing of F. Fischer, Transportation Manager, Certificate 61 M.C.C. 209 and 766 (except the application is published in the F ed- Kerr McGee Building, Oklahoma City, hides and commodities in bulk in tank deral R egister. One copy of such protests Okla. 73102. Send protests to: C. L. Phil­ vehicles), from Postville, Iowa, to points must be served on the applicant, or its lips, District Supervisor, Interstate Com­ in New York, Connecticut, New Jersey, authorized representative, if any, and merce Commission, Bureau of Opera­ Pennsylvania, and Massachusetts, for 180 the protests must certify that such serv­ tions, 240 Old Post Office Building, 215 days. Supporting shipper: Hygrade Food ice has been made. The protests must Northwest Third, Oklahoma City, Okla. Products Corp., 11081 Mack Avenue, De­ be specific as to the service which such 73102. troit, Mich. 48214. Send protests to: Protestant can and will offer, and must No. MC 113024 (Sub-No. 85 TA), filed Chas. C. Biggers, District Supervisor, In­ consist of a signed original and six February 2, 1970. Applicant: ARLING­ terstate Commerce Commission, Bureau copies. TON J. WILLIAMS, INC., Rural Delivery of Operations, 332 Federal Building, A copy of the application is on file, and No. 2, Smyrna, Del. 19977. Applicant’s Davenport, Iowa 52801. can be examined at the Office of the representative: Samuel W. Earnshaw, No. MC 123639 (Sub-No. 126 TA), filed Secretary, Interstate Commerce Commis­ 833 Washington Building, Washington, February 2, 1970. Applicant: J. B. sion, Washington, D.C., and also in field D.C. 20005. Authority sought to operate MONTGOMERY, INC., 5150 Brighton office to which protests are to be as a contract carrier, by motor vehicle, Boulevard, Denver, Colo. 80216. Appli­ transmitted. over irregular routes, transporting: cant’s representative: David A. Senseney, 3395 South Bannock Street, Englewood, M otor Carriers of P roperty Chemically hardened fiber, from plant- site of NVF Co., Yorklyn, Del., to Mem­ Colo. 80110. Authority sought to operate No. MC 7156 (Sub-No. 5 TA), filed phis, Tenn., for account of NVF Co., for as a common carrier, by motor vehicle, February 2,1970. Applicant: WILLIAMS 180 days. Supporting shipper: NVF Co., over irregular routes, transporting: TRANSFER CO., 135 North Cleveland- Wilmington, Del. 19899; Douglas Hard­ Meats, meat byproducts, and articles Street, Eugene, Oreg. 97402. Authority ing, Traffic Manager. Send protests to: distributed by meat packinghouses, from sought to operate as a common carrier, Paul J. Lowry, District Supervisor, Inter­ Greeley, Colo., to points in New York, by motor vehicle, over irregular routes, state Commerce Commission, Bureau of New Jersey, Massachusetts, Maryland, transporting: Iron and steel articles and Operations, 206 Old Post Office Building, and Pennsylvania, for 180 days. Support­ building materials, between points in 129 East Main Street, Salisbury, Md. ing shipper; Monfort Packing Co., Box Lane County, Oreg., on the one hand, and 21801. G, Greeley, Colo. 80632. Send protests to: on the other, Portland, Oreg., and Van­ No. MC 114273 (Sub-No. 61 TA), filed District Supervisor C. W. Buckner, 2022 couver, Wash., for 180 days. Supporting January 30, 1970. Applicant: CEDAR Federal Building, Denver, Colo. 80202. shippers: Underwriters Fire Sprinkler RAPIDS STEEL TRANSPORTATION, No. MC 124221 (Sub-No. 28 TA), filed Co., Springfield, Oreg.; Western Wire INC., 3930 16th Avenue SW., Post Office January 28, 1970. Applicant: HOWARD Rope Co., Post Office Box 351, Eugene, Box 68, Cedar Rapids, Iowa 52406. Appli­ BAER, 821 East Dunne Street, Morton, Oreg.; Peerless Pacific Co., Post Office cant’s representative: Robert E. Kon- HI. 61550. Applicant’s representative: Box 3421, Portland,. Oreg.; Trunnell char, Suite 315 Commerce Exchange Robert W. Loser, 1001 Chamber of Com­ Manufacturing * * * Sales, Inc., Post Building, Cedar Rapids, Iowa 52402. Au­ merce Building, Indianapolis, Ind. 46204. Office Box 2336, Eugene, Oreg.; Kaiser thority sought to operate as a common Authority sought to operate as a contract Steel Building Co., Route 1, Box 248, carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular Eugene, Oreg.; Farwest Steel Service routes, transporting: Meats, meat pro­ routes, transporting: (1) lunch meats, Center, Post Office Box 632, Eugene, ducts and meat byproducts and articles sliced, or unsliced ~(in loaves), sausage, Oreg. Send protests to: A. E. Odoms, Dis­ distributed by meat packinghouses as wieners, and such other related items trict Supervisor, Interstate Commerce described in sections A and C of appendix as may be manufactured or packaged at Commission, Bureau of Operations, 450 I to the report in Descriptions in Motor The Kroger Co. sausage plant, Cincin­ Multnomah Building, Portland, Oreg. Carrier Certificates, 61 M.C.C. 209 and nati, from the plantsite of The Kroger 97204. 766 (except commodities in bulk and Co. sausage plant, Cincinnati, Ohio, to No. MC 41255 (Sub-No. 76 TA), filed hides), from the plantsites and/or stor­ Kroger distribution facilities at Oak February 2, 1970. Applicant: GLOSSON age facilities utilized by Wilson-Sinclair Lawn, 111.; Indianapolis, Ind.; Irwin, MOTOR LINES, INC., Route 9, Box 11 A, Co. at Albert Lea, Minn., and Cedar Rap­ Pa.; Atlanta, Ga.; Irving, Tex.; Livonia, Hargrave Road, Lexington, N.C. 27292. ids, Iowa, to points in Connecticut, Dela­ Mich.; Memphis, Tenn.; Salem, Va.; St. Authority sought to operate as a common ware, District of Columbia, Maine, Mary­ Louis, Mo.; and Louisville, Ky.; and out­ carrier, by motor vehicle, over irregular land, Massachusetts, New Hampshire, dated, refused, or rejected merchandise, routes, transporting: New furniture, New Jersey, New York, Pennsylvania, and shipping devices, on return; and from Kemersville, N.C., to points in Rhode Island, Vermont, and West Vir­ (2) cottage cheese, creamed or flavored; Florida, Georgia, Alabama, Virginia, ginia; restricted to traffic originating at gelatin salads, parfaits, pimento spread, Maryland, Delaware, Pennsylvania, New the above specified plantsites and/or cold meat salads, vegetable salads, macaroni Jersey, New York, Rhode Island, Massa­ storage facilities and destined to the salad, cole slaw, and yogurt, from The chusetts, Connecticut, Maine, Vermont, above specified destination, for 180 days. Kroger Co. dairy plant and warehouse New Hampshire, and District of Colum­ Supporting shipper: Wilson-Sinclair facilities at Cincinnati, Ohio, to the des­ bia, for 180 days. Supporting shipper: Co., Prudential Plaza, Chicago, 111. 60601. tination points named in (1) above; and Lynwood Furniture, Inc., Kernersville, Send protests to: Chas. C. Biggers, Dis­ out-dated, refused, or rejected merchan­ N.C. 27284. Send protests to: Jack K. trict Supervisor, Interstate Commerce dise, and shipping devices, on return; Huff, District Supervisor, Interstate Commission, Bureau of Operations, 332 and (3) bacon and hams, from the plant- Commerce Commission, Bureau of Op­ Federal Building, Davenport, Iowa 52801. site of the Sugar Creek Packing Co. at erations, 316 East Morehead, Suite 417 No. MC 114273 (Sub-No. 62 TA), filed Washington Court House, Ohio, in mixed (BSR Building), Charlotte, N.C. 28202. February 2, 1970. Applicant: CEDAR shipments with (1) and/or (2) above to No. MC 111401 (Sub-No. 294 TA), filed RAPIDS STEEL TRANSPORTATION, the destination points named in (1) February 2, 1970. Applicant: GROEN- INC., 3930 16th Avenue SW., Cedar Rap­ above; and pallets and shipping devices, DYKE TRANSPORT, INC., 2510 Rock ids, Iowa 52406. Applicant’s representa­ on return; (4) meats, fresh (used in the Island Boulevard, Post Office Box 632, tive: Robert E. Konchar, 315 Commerce manufacture of sausage, wieners, and Enid, Okla. 73701. Applicant’s represent­ Exchange Building, 2720 First Avenue lunch meats), from the plantsite or fa­ ative: Victor R. Comstock (same address NE., Cedar Rapids, Iowa 52402. Authority cilities of Peter Eckrich & Sons, Inc.,

FEDERAL REGISTER, V O L 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 NOTICES 2849 Chicago, 111., to The Kroger Co. sausage to operate as a common carrier, by motor as a common carrier, by motor vehicle, plant at Cincinnati, Ohio; and pallets vehicle, over irregular routes, transport­ over irregular routes, transporting: Dry and shipping devices, on return. Restric­ ing : Lumber, from Hill City, S. Dak., to milk solids, including casein, sodium tion: The operations proposed to be per­ points in Iowa, Nebraska, and Colorado, caseinate, co-precipitate and whey, (1) formed herein are limited to a transpor­ for 180 days. Supporting shipper: Stau- from Erie, 111., to Detroit, Mich.; Bowling tation service to be performed under ter Lumber Co., Inc., Post Office Box Green, Rittman, and Wapakoneta, Ohio; a continuing contract, or contracts, with 168, Hill City, S. Dak. 57745. Send pro­ Indianapolis, Ind.; Carthage, Kansas The Kroger Co., for 180 days. Support­ tests to: Paul A. Naughton, District Su­ City, and Trenton, Mo.; Green Bay and ing shipper: The Kroger Co., 1014 Vine pervisor, Interstate Commerce Commis­ Hager City, Wis.; Minneapolis, Minn., to Street, Cincinnati, Ohio 45201. Send pro­ sion, Bureau of Operations, Room 304, Erie, 111., for 180 days. Supporting ship­ tests to: Raymond E. Mauk, District Su­ Lierd Building, 259 South Center Street, per: The Erie Casein Co., Erie, Pa. Send pervisor, Interstate Commerce Commis­ Casper, Wyo. 82601. protests to: Andrew J. Montgomery, sion, Bureau of Operations, 1086 U.S. No. MC 134269 (Sub-No. 1 TA), filed District Supervisor, Interstate Commerce Courthouse and Federal Office Building, February 2, 1970. Applicant: ORVILLE Commission, Bureau of Operations, 1086, 219 South Dearborn Street, Chicago, HI. W. BLIHOVDE, 121 South St. Marie, U.S. Courthouse and Federal Office 60604. Barron, Wis. 54812. Applicant’s repre­ Building, 219 South Dearborn Street, No. MC 124221 (Sub-No. 30 TA), filed sentative: Grant J. Merritt, 1000 First Chicago, 111. 60604. February 2, 1970. Applicant: HOWARD National Bank Building, Minneapolis, No. MC 134306 TA, filed February 2, BAER, 821 East Dunne Street, Morton, Minn. 55402. Authority sought to operate 1970. Applicant: CHEROKEE LINES, 111. 61550. Applicant’s representative: as a common carrier, by motor vehicle, INC., 1135 North Little Street, Post Of­ Robert W. Loser, 1001 Chamber of Com­ over irregular routes, transporting: Tent fice Box 1049, Cushing, Okla. 74023. Ap­ merce Building, Indianapolis, Ind. 46204." trailers, from points in Barron County, plicant’s representative: Robert J. Bea­ Authority sought to operate as a contract Wis., to points in Arkansas, Illinois, In­ ver (same address as above). Authority carrier, by motor vehicle, over irregular diana, Iowa, Kansas, Kentucky, Michi­ sought to operate as a contract carrier, routes, transporting: Bananas, from New gan, Minnesota, Missouri, Nebraska, by motor vehicle, over irregular routes, Orleans, La., and Gulfport, Miss., to North Dakota, Ohio, Oklahoma, South transporting: Cotton knit goods, from Urbana, HI.; restricted to services to be Dakota, Texas, Tennessee, and Wiscon­ the plantsite of Diener-Chandler Mills, performed under a continuing contract sin, and parts, material and supplies Inc., Chandler, Okla., to Petaluma, Calif., or contracts with J. M. Jones Co., Ur­ used in the manufacture of tent trailers for 180 days. Supporting shipper: Die­ bana, HI., for 150 days. Supporting ship­ from Harmony, Minn., to Barron County, ner-Chandler Mills, Inc., Frank Putnam, per: J. M. Jones Co., 2611 North Lincoln Wis., for 180 days. Supporting shipper: Plant Manager, 600 Park Road, Chand­ Avenue, Urbana, 111. Send protests to: Conwed Corp., Cloquet, Minn. Send pro­ ler, Okla. 74834. Send protest „to: C. L. Raymond E. Mauk, District Supervisor, tests to: District Supervisor A. E. Phillips, District Supervisor, Interstate Interstate Commerce Commission, Bu­ Rathert, Interstate Commerce Commis­ Commerce Commission, Bureau of Op­ reau of Operations, U.S. Courthouse and sion, Bureau of Operations, 448 Federal erations, Room 240, Old Post Office Federal Office Building, Room 1086, 219 Building and U.S. Courthouse, 110 South South Dearborn Street, Chicago, 111. Fourth Street, Minneapolis, Minn. 55401. Building, 215 Northwest Third, Okla­ homa City, Okla. 73102. 60604. No. MC 134305 TA, filed February 2, No. MC 128685 (Sub-No. 5 TA), filed 1970. Applicant: HARRY E. HAMM, do­ By the Commission. February 2, 1970. Applicant: DIXON ing business as HAMM TRUCKING, BROS., Post Office Box 636, Newcastle, Rural Route No. 1, Erie, HI. 61250. Ap­ [seal] H. N eil Garson, Wyo. 82701. Applicant’s representative: plicant’s representative: Albert A. An- Secretary. Robert S. Stauffer, 3539 Boston Road, drin, 39 South La Salle Street, Chicago, [F.R. Doc. 70-1719; Filed, Feb. 10, 1970; Cheyenne, Wyo. 82001. Authority sought 111. 60603. Authority sought to operate 8:48 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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 February.

3 CFR Page 7 CFR— Continued Page 7 CFR-— Continued Page Proclamations : 724______2504-2506 P roposed R ules—Continued 1677 (see PLO 4762)______2402 811______2383 1032 ...... 2527 3958 ______2571 857______2507 1033 ______2527 3959 ______2641 907-______2578 1034—______2527, 2729 3960 ------2815 910...... 2383, 2721, 2765 1035 ______2527 Executive Orders: 913______2722 1036______———______—„ 2527 11211 (amended by EO 11506) _ 2501 947______2766 1040 _ 2527 11282 (superseded by EO 1421______2766 1041 ------2527, 2730 11507).______2576 P roposed R ules: 1043 __ 2527 11288 (superseded by EO 52— 2668, 2787 1044 ______2527 11507)-----:______2576 724_ ___ 2526 1046______2527 11368 (see EO 11506)______2501 907_ ___ 2526 1049 ______2527 11506 _ 2501 1001 ___ 2527 1050 ______2527 11507 ------2573 1002. ___ 2527 1060______2527 1003. ___ 2527 1061______2527 5 CFR 1004. ___ 2527 1062______2527 1063 ______—______2527 213— ~ - — — — 2383, 2643, 2644, 2765 1005. ___ 2527 1006 ___ 2527 1064 ______2527 7 CFR 1007. ___ 2527 1065 ______;------2527 301__1_ 1011. ___ 2527 1068------2527 2577 1012. ___ 2527 1069 ------2527 318 ______2503 1013. 319 ______2527 1070 ______/_ 2527 2503 1015. ___ 2527 1071 ______2527 601_„ 2817 1016. 722______2527 1073______2527 2721 1030. ___ 2527 1075______2527

FEDERAL REGISTER, VOL. 35, NO. 29— WEDNESDAY, FEBRUARY 11, 1970 2850 FEDERAL REGISTER

7 CFR—Continued Page 14 CFR—Continued page 33 CFR Page P roposed R ules—Continued 121______2818 207______2660, 2727 241_____ 2819 1076______2572 36 CFR 1078 ______— 2527 P roposed R ules: 1079 ______2527 21______-______1___ 2412 P roposed R ules : 1090______2527 25_____ 2412 7______2787 1094______2527 39______2594 1096 ______2527 71______2595,2670,2791-2793 37 CFR 1097 ______2527 73______2595 1______2828 1098______2527, 2669 75______2596 3—______2828 1099 ______2527 171______2______2528 1101 ______2527 207______2730 38 CFR 1102 ______2527 3______2827 1103 ______2572 16 CFR 17______-_____ 2389 1104 ______2527 1106______2527 13_____ 2385-2387, 2517-2522, 2769-2773 39 CFR 15 ______, 2655, 2656 1108______2527 P roposed R ules: 1120 ______2527 P roposed R ules: 261—______2410 1121 ______2527 118______2673 262______2410 1124 ______2527 1125 _ 2527 17 CFR 1126 ______2527 41 CFR 1127 ___ 2527 P roposed R ules: 5A-2______2399 1128 ______2572 230______- 2672 5A-72______— 2400 1129 ______2527 5A-73______2400 1130 ______2527 18 CFR 5B-3____ 2585 1131 ______2527 P roposed R ules: 9-5______2586 1132 ______2527 14-1______2523 101______2413 60-2______2586 1133 ______2527 141__ 2832 1134 ______2527 201______2413 42 CFR 1136 ______2527 250______^______2730 1137 ______2527 73______— ______2400 1138 ______2527 19 CFR P roposed R ules: 73______2411 9 CFR 10______2822 81______2411 76_____ 2507,2508, 2644, 2722, 2767, 2817 P roposed R ules: 43 CFR P roposed R ules: 9______2410 4110______2591 2______*______2729 20 CFR 318______2527 P ublic Land Orders: P roposed R ules: 4755______2828 10 CFR 405______2593 4762 ______2402 4763 ______2776 14______2723 21 CFR 12 CFR 3__ L.______2656, 2657, 2774 45 CFR 1061______2402 204______2768 5______2584 217-______2768 120 ______2585,2727 P roposed R ules: 265______'______2383 121 _— ______2727, 2822, 2823 85—______2791 329______2768 146b______2657 510______2509 147______:__ i ______2657 46 CFR 526______2723 164______2658 502______2523 542 ______2509 191______2659 543 ______2509 P roposed R ules: 47 CFR 545______,______2511 3______2411 15______2405, 2660 556______- ______2514 141b_____ 2670 63______2776 562______2514 146b______2670 64 2776 567______2515 73____ — ______- ____ 2590, 2828 571______2515 24 CFR 87___ 2829 582______2515 200 ______— 2823P roposed R ules: 591______2725 Ch. VI______2827 25____„ ______2671 73____- ______2831 13 CFR 26 CFR 74— —______2672 121______2385 1______2774 49 CFR P roposed R ules: 29 CFR 113______2596 71___ 2667 121___ 2597 8____ 2387 371__ 2409 201 ______2556 1023—______2524 14 CFR 202 ______2557 1043—____ 2829 13______2578 203 ______...__ 2561 1048______2727 21______=_-*______2812 205______2563 1084______2829 39______—______2517, 2726 541______2389 P roposed R ules: 47______——______„ 2578 727______:______2774 179______2794 61______2818 1500______2822 236______—______2412 71______2517, 2580-2583, 2645, 2646, 2726, 2769, 31 CFR 50 CFR 2819 316___ - ______- ______2827 32 ______2592 73______;_ 2769 33 , 2592 75______2583, 2584, 2726, 2819 32 CFR ___ 2407 91______2578, 2818 115______2775 P roposed R ules: 97------:______2390, 2647 536______2659 280______2526