FEDERAL REGISTER VOLUME 36 • NUMBER 81 Tuesday, April 27,1971 • Washington, D.C. Pages 7827-7886

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Coast Guard Consumer and Marketing Service Customs Bureau Defense Department Education Office Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Insurance Administration Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration General Services Administration Immigration and Naturalization Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau Narcotics and Dangerous Drugs Bureau National Highway Traffic Safety Administration National Oceanic and Atmospheric Administration National Park Service Packers and Stockyards Administration Small Business Administration Detailed list o f Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1971)

Title 15— Commerce and Foreign Trade______$1. 75 Title 23— H ig h w a y s ______. 50 Title 49— Transportation (Parts 1200-1299)______3.00

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, o on the day after an official Federal holiday), by the Office of the Federal Register, Natl FEDEMLWREGISTER Archives and Records Service, General Services Administration, Washington, D-C. 20 . Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, l (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap* proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing O « Washington, D.C. 20402. ble in The F ederal R egister will be furnished by mall to subscribers, free of postage, for $2.50 per month or $25 per year, payao ^ advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit chec money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Suant The regulatory material appearing herein is keyed to the Code o p Federal R egulations, which is published, under 50 titles, pur to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510), The Code op Federal R egulations is sold by the Superinten of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R egulation . Contents

COMMERCE DEPARTMENT FEDERAL HIGHWAY THE PRESIDENT See International Commerce Bu­ ADMINISTRATION EXECUTIVE ORDERS reau; National Oceanic and Rules and Régulations Amending EO 11157 as it relates Atmospheric Administration. National bridge inspection stand­ to basic allowances for quarters ards ______7851 for members with dependents— 7833 CONSUMER AND MARKETING Applicability of EO 11222 and EO SERVICE FEDERAL INSURANCE 11478 to the United States Postal Service and of EO 11478 to the Notices ADMINISTRATION Postal Rate Commission______7831 Meat inspection; determination Rules and Régulations not to designate certain National flood insurance program: EXECUTIVE AGENCIES States: Areas eligible; list______7853 Colorado and New Hampshire— 7867 General provisions, sale of in­ AGRICULTURAL RESEARCH Louisiana______7868 surance, etc.; miscellaneous SERVICE North Carolina______7868 amendments______7852 Identification of flood-prone Rules and Regulations CUSTOMS BUREAU areas; list______7854 Hog cholera and other communi­ Proposed Rule Making cable swine diseases; areas FEDERAL POWER COMMISSION Fair value determination in anti­ quarantined ______7840 dumping investigations______7866 Notices Plant quarantine regulations, im­ ports and exports, etc.; division Hearings, etc.: name change______7835 DEFENSE DEPARTMENT Atlanta Gas Light CO— ______7873 Notices Michigan Wisconsin Pipe Line Notices C o ______7874 Pesticide poisoning; memoran­ Family housing projects (minor Mueller, Joseph P ______7874 dum of understanding to avoid construction) ; delegation of au­ Northern Natural Gas Co______7874 incidents; correction______7867 thority regarding approval_____ 7867 FEDERAL RESERVE SYSTEM EDUCATION OFFICE AGRICULTURAL STABILIZATION Notices AND CONSERVATION SERVICE Proposed Rule Making Applications for approval of acqui­ Rules and Regulations Financial assistance to meet spe­ sition of shares of banks: cial educational needs of educa­ Naval stores conservation; 1971__ 7835 First & Merchants Corp______7875 tionally deprived children______7861 First at Orlando Corp______7875 AGRICULTURE DEPARTMENT Approvals of acquisition of bank FEDERAL AVIATION stock by bank holding com­ See Agricultural Research Serv­ panies: ice; Agricultural Stabilization ADMINISTRATION First at Orlando Corp______7876 and Conservation Service; Con­ Rules and Regulations Midwest Bancorporation, Inc___ 7876 sumer and Marketing Service; Airworthiness directives; Boeing First Alabama Bancshares, Inc.; Packers and Stockyards Admin­ aircraft (2 documents)______7841,7842 approval of action to become istration. Area high routes; designation; bank holding company______7874 ATOMIC ENERGY correction______7846 Control zones and transition FEDERAL TRADE COMMISSION COMMISSION areas; alterations (5 docu­ Proposed Rule Making Notices ments)______7843-7845 Transition areas; alterations (6 Preservation of buyers’ claims and Pacific Gas and Electric Co.; is­ documents)______7843-7845 defenses in consumer install­ suance of facility license ment sales; additional hearing amendment ______7868 Proposed Rule Making dates, rescheduled hearing Philadelphia Electric Co.; issu­ Control zone; alteration______7865 dates, and extension of time__ 7865 ance of provisional operating Control zone and transition area; license amendment______7869 designation and alteration_____ 7864 FOOD AND DRUG Federal airway; designation______7863 ADMINISTRATION CIVIL AERONAUTICS BOARD Transition areas; alterations (2 Rules and Regulations documents)______7864 Rules and Regulations Rules of practice in economic pro­ Drugs: ceedings; certain time limita­ FEDERAL COMMUNICATIONS Griseofulvin; correction______7850 tions and time periods______7846 COMMISSION Lincomycin______7847 New animal drugs for implanta­ Notices Proposed Rule Making tion or injection; arsenamide Hearings, etc.: Children’s television programs;, sodium aqueous injection Airlift-Canadian airlift agree­ extension of time______7865 veterinary______7847 ment ______7869 Notices Nystatin; correction______7851 Chicago/Atlanta-Jamaica serv- Hearings, etc.: Proposed Rule Making ice investigation______.___ 7869 Equal Employment Opportunity Certain toys known as clacker International Air Transport As­ Commission sociation ______7869 ______7870 balls and intended for use Lamar Life Broadcasting Co. by children; classification as Northeast corridor VTO L in­ banned hazardous substances— 7860 vestigation ______7869 et al______7871 Silver Beehive Telephone Co. Notices COAST GUARD and Mountain State Tele­ phone and Telegraph Co_____ 7871 Color additive petitions: Rules and Regulations S o u t h e r n Broadcasting Co. American Cyanamid Co______7868 Doctor’s Inlet, M a.; drawbridge* (WGHP-TV) and Furniture Plough, Inc______7868 operation______7855 City Television Co., Inc______7872 (Continued on next page) 7829 7830 CONTENTS

GENERAL SERVICES INTERSTATE COMMERCE NATIONAL OCEANIC AND ADMINISTRATION COMMISSION ATMOSPHERIC Notices Notices ADMINISTRATION Secretary of Defense; delegation Fourth section applications for Notices relief ______7879 of authority______7876 R and R; loan application______7879 Motor carriers: Temporary authority applica­ NATIONAL PARK SERVICE HEALTH, EDUCATION, AND tions ______7879 Proposed Rule Making WELFARE DEPARTMENT Transfer proceedings______— 7882 Blue Ridge Parkway, Virginia- See Education Office; Pood and North Carolina; commercial bus Drug Administration. JUSTICE DEPARTMENT u se ______— ------7859 Yellowstone National Park, Wyo.; See Immigration and Naturaliza­ special regulations______7856 HOUSING AND URBAN tion Service; Narcotics and PACKERS AND STOCKYARDS DEVELOPMENT DEPARTMENT Dangerous Drugs Bureau. ADMINISTRATION See Federal Insurance Adminis­ LAND MANAGEMENT BUREAU Rules and Regulations tration. Notices Market agencies using consigned Nevada; proposed classification; livestock to fill orders______7841 IMMIGRATION AND correction ______7867 SMALL BUSINESS NATURALIZATION SERVICE ADMINISTRATION Proposed Rule Making NARCOTICS AND DANGEROUS DRUGS BUREAU Rules and Regulations Nonimmigrants ______7856 Small business size standards; Rules and Regulations appeals------7841 INTERIOR DEPARTMENT Depressant and stimulant drugs; Notices chlordiazepoxide and its salts See Land Management Bureau; Declaration of disaster loan areas: and diazepam; judicial stay of National Park Service. M a in e ______7876 order to control______7851 South D akota______7877 INTERNATIONAL COMMERCE NATIONAL HIGHWAY TRAFFIC TRANSPORTATION DEPARTMENT BUREAU See Coast Guard; federal Avia­ SAFETY ADMINISTRATION tion Administration; Federal Notices Rules and Regulations Highway Adminis tration ; Na­ tional Highway Traffic Safety Denial of export Privileges: Certification, manufacture of Administration. Dania, Karl______7877 vehicles, and safety standards; Express Internationale Spedi­ miscellaneous amendments; TREASURY DEPARTMENT tion GmbH______7878 correction 7855 See Customs Bureau. List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 1 3 C F R 23 CFR . 7851 E x e c u t iv e O r d er s: 121______7841 25 11157 (amended by EO 11591>------7833 11222 (amended by EO 11590)------7831 1 4 C F R 24 CFR 11478 (amended by EO 11590)------7831 39 (2 documents)______7841, 7842 1909 . 7852 7852 11590 ______7831 71 (11 documents)______7843-7845 1912 11591 ______7833 75______7846 1914 (2 documents)------7852, 7853 7854 302______7846 1915 7 CFR P roposed R u l e s : 302______7835 33 CFR 71 (5 documents)______7863 -7865 318 ______7835 117 7855 319 ______7835 1 6 C F R 320 ______7835 36 CFR P roposed R u l e s : 321 ______7835 Proposed Rules : 330______7835 433______7865 7 (2 documents)------7856, 7859 351 ______:______7835 1 9 C F R 352 ______7835 353 ______7835 P roposed R u l e s : 45 CFR 354_;______7835 153______7866 P roposed Rules : llfi 7861 706______7835 21 C F R 8 CFR 135b______7847 47 CFR 147______7847 P roposed R u l e s : Proposed Rules : 148g______7850 . 7865 214______7856 148k— ______7851 299______7856 148x______7847 49 *CFR 320______7851 7855 9 CFR oui------7855 76— ______7840 P roposed R u l e s : ------7855 201______7841 191______7860 Presidential Documents

Title 3—The President EXECUTIVE ORDER 11590

Applicability of Executive Order No. 11222 and Executive Order No. 11478 to the United States Postal Service and of Executive Order No. 11478 to the Postal Rate Commission

By virtue of the authority vested in me by sections 7151 and 7301 of title 5, United States Code, as made applicable to the Postal Service and the Postal Rate Commission by the Postal Reorganization Act, and sec­ tion 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Executive Order No. 11222? Executive O rder N o. 11222 of May 8, 1965, is amended by adding thereto a new section 706 as follows:

“Sec. 706. This Order shall be applicable to the United States Postal Service established by the Postal Reorganization Act of 1970.”

Sec. 2. Executive Order No. 11478? Executive Order No. 11478 of August 8, 1969, is amended by adding thereto a new section 8 as follows:

“Sec. 8. This Order shall be applicable to the United States Postal Service and to the Postal Rate Commission established by the Postal Reorganization Act of 1970.”

T he W hite H ouse, April 23, 1971. [FR Doc.71-5939 Filed 4-26-71 ;9:39 am]

* 30 F.R. 6469; 3 CFR, 1964-1965 Comp., p. 306. * 34 F.R. 12985; 3 CFR, 1969 Comp., p. 133.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971

THE PRESIDENT 7833

EXECUTIVE ORDER 11591

Amending Executive Order No. 11157 as It Relates to Basic Allowances for Quarters for Members With Dependents

By virtue of the authority vested in me by section 403(g) of title 37, United States Code, and as President of the United States and Com­ mander in Chief of the Armed Forces of the United States, section 403 (ii) of Executive Order No. 11157 1 of June 22,1964, is amended by inserting the words “ duty or” before the word “leave” .

T he W hite H ouse, c April 23, 1971. [FRDoc.71-5940 Filed 4-26-71 ;9:39 am]

1 29 F.R. 7973; 3 CFR, 1964-1965 Comp., p. 200.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971

7835 Rules and Regulations

Chapter VII— Agricultural Stabiliza­ A u th o r ity, Availability of F u n d s , Applica­ b ility , and Administration Title 7— AGRICULTURE tion and Conservation Service (Ag­ Sec. ricultural Adjustment), Department 706.931 Authority. Chapter III— Agricultural Research 706.932 Availability of funds. Service, Department of Agriculture of Agriculture 706.933 Applicability. SUBCHAPTER A— AGRICULTURAL 706.934 Administration. PART 302— DISTRICT OF COLUMBIA; CONSERVATION PROGRAM A u t h o r it y : The provisions of this Sub­ MOVEMENT OF PLANTS AND PART 706— NAVAL STORES part G issued under sec. 4, 49 Stat. 164, secs. PLANT PRODUCTS 7-15, 16(a), and 17, 49 Stat. 1148, as CONSERVATION amended; 16 UJ5.C. 590d, 590g to 590o, 590p PART 318— HAWAIIAN AND TERRI­ Subpart G— 1971 ( a ) , and 590q. TORIAL QUARANTINE NOTICES General Provisions G eneral P rovisions PART 319— FOREIGN QUARANTINE Sec. § 706.901 Purposes and general require­ 706.901 Purposes and general requirements. ments. NOTICES 706.902 Required performance. 706.903 Double-headed nails requirement. (a) Purposes. The purpose of the 1971 PART 320— MEXICAN BORDER 706.904 Fire protection. Naval Stores Conservation Program (re­ REGULATIONS 706.905 Bark-bar requirement. ferred to in this subpart as “this pro­ 706.906 Inspection assistance. gram”) is to restrict turpentining to the PART 321— RESTRICTED ENTRY Conservation Practices and R ates op most productive timber, to conserve the ORDERS Federal Cost-S hares worked trees, to protect and permit un­ 706.909 Practice 1: Working only 9-inch disturbed growth of the uncupped trees, PART 330-—FEDERAL PLANT PEST d.b.h. or larger trees. and to conserve the soil, water, and tim­ REGULATIONS 706.910 Practice 2: Working only 10-inch ber resources. Under this program the d.b.h. or larger trees. Federal Government will effectuate such PART 351— IMPORTATION OF PLANTS 706.911 Practice 3: Working only 11-inch purposes by sharing with turpentine d.b.h. or larger trees. OR PLANT PRODUCTS BY MAIL farmers the cost of carrying out approved 706.912 Practice 4: Working only 12-inch conservation practices in accordance d.b.h. or larger trees. PART 352— PLANT QUARANTINE 706.913 Practice 5: Restricting turpentin­ with the provisions of the regulations in this subpart and such modifications SAFEGUARD REGULATIONS ing to previously worked trees. 706.914 Practice 6: Working only selec­ thereof as may hereafter be made. Cost- PART 353— PHYTOSANITARY EXPORT tively marked trees. shares are predicated upon the economic 706.915 Practice 7: Initial use of spiral gut­ use and conservation of soil and timber CERTIFICATION ters or Varn aprons and double­ resources on turpentine farms, and com­ headed nails. PART 354— OVERTIME SERVICES RE­ puted on the faces in the tract or drift 706.916 Practice 8: Use of disposable paper where an approved conservation practice LATING TO IMPORTS AND EXPORTS bags. 706.917 Practice 9: Removal of cups and is carried out. This program provides cost-sharing for conservation practices Division Name Change tins from faces on small trees. 706.918 Practice 10: Pilot plant tests of only on turpentine farms having tracts • Under authority delegated at 29 F.R. new methods and equipment. or drifts of faces which were installed during, or after, the 1967 season. 16210, as amended, the parts listed above G eneral Provisions R elating to Federal in Chapter III, Title 7, Code of Federal Cost-S haring (b) General requirements. No tract or drift can qualify for cost-sharing under Regulations, are hereby amended in the 706.919 Increase in small Federal cost- shafes. more than one conservation practice following respect, pursuant to the statu­ 706.920 Maintenance of practices. other than as provided for under prac­ tory authorities cited in said parts as the 706.921 Practices defeating purposes of tices specified in §§ 706.915, 706.916, and basis for their issuance. programs. 706.917. In each of the practices the faces Wherever in Parts 302, 318, 319, 320, 706.922 Federal cost-shares not subject to are to be worked sufficiently to obtain at claims. 321,330,351, 352,353, and 354 of Chapter least one dipping of gum from the cur­ 706.923 Assignments. rent year’s working. m, Title 7 of the Code of Federal Regu­ 706.924 Death, incompetency, or disap­ lations, the name “Plant Quarantine Di­ pearance of producer. § 706.902 Required performance. 706.925 Maximum Federal cost-share limi­ vision” appears, the name “Agricultural tation. (a) Approved conservation practices. Quarantine Inspection Division” is sub­ 706.926 Evasion. Each participating producer shall carry stituted therefor. out at least one of the approved conserva­ A pplication for Paym e n ts of Federal tion practices in every tract or drift of Cost-S hares The foregoing amendment shall be­ faces operated by him during the 1971 come effective upon publication in the 706.927 Persons eligible to file application turpentine season. This requirement will for payment of Federal cost- Federal Register (4-27-71). not apply if the U.S. Forest Service or shares. State Forest Agency determines that the Done at Washington, D.C., this 21st 706.928 Time and manner of filing applica­ tions and required information. condition of a particular tract or drift day of April 1971. does not warrant carrying out approved Appeals [seal] f . j . Mulhern, conservation practices as a practical or economic matter, in which case the U.S. Acting Administrator, 706.929 Appeals. Forest Service or State Forest Agency Agricultural Research Service. D e f in it io n s may approve face installations made [FR Doc.71-5797 Filed 4-26-71;8:49 am] 706.930 Definitions. without carrying out a conservation

FEDERAL REGISTER, VOL. 36, NO. 81— -TUESDAY, APRIL 27, 1971 No. 81- 7836 RULES AND REGULATIONS

practice. In cases where such approval a subsequent program may also be denied faces (except back faces on trees having is given for specific tracts or drifts of until the remaining components are com­ a wraked-out face) on trees which are the turpentine farm, no cost will be pleted. less than 9 inches d.b.h. and only one shared for any faces in such tracts or § 706.903 Double-headed nails require­ face on trees less than 14 inches d.b.h. drifts. ment. (c) Components of practice and rates (b) Practice components. Cost-shar­ of cost-sharing. Components of the prac­ ing may be approved under the 1971 Use of double-headed nails is required tice and rates of cost-sharing thereof program for only the component parts in the elevation of all cups and tins. shall be as follows: of the practices which are completed § 706.904 Fire protection. (1) Initial installation and first year during the program year. The producer working of 9-inch d.b.h. or larger trees; must complete all the remaining com­ Each producer shall during the 1971 4 cents per face. ponents of the practice in accordance turpentine season cooperate with any existing cooperative fire control system (2) Working of faces for second, third, with good forestry practices and all fourth, or fifth year; 1 cent per face. serving the general area where his tur­ applicable requirements of this program (3) Initial use of -double-headed nails pentine farm is located, unless he is to be eligible for cost-sharing under a in the initial installation or in the raising otherwise following approved forest fire subsequent program. Separate rates of of cups and tins to conserve the worked protection on his turpentine farm. cost-sharing have been established for portion of the trees; 1 cent per face. This each component part of each practice. §706.905 Bark-bar requirement. component is not applicable where § 706. (c) First year working. The cost-share 915 is used. No back face shall be worked on any for this component is applicable to tracts tree unless a live bark-bar on each side of or drifts having only eligible virgin work­ § 706.910 Practice 2: Working only 10- the back face is provided and maintained inch d.b.h. or larger trees. ing faces, i.e., faces installed for the first throughout the 1971 turpentine season, working during the 1971 season. If faces (a) Description of practice. This prac­ the total of the two bark-bars being not have been installed contrary to the re­ tice consists of installing and working less than 7 inches in width, measured quirements for eligible faces, the cups and faces and raising the cups and tins on horizontally along the bark surface at tins for such faces shall be removed 10- inch d.b.h. or larger trees over a the narrowest point: Provided, however, within 60 days after the producer is noti­ period of 2 to 5 years. That the restriction with respect to the fied by the U.S. Forest Service or State (b) Eligible faces. Trees on which width of the bark bar shall not apply to Forest Agency, or the tract or drift will faces are installed shall be selected in any tree which has on it two or more old be considered only for qualification for a manner that will result in having no faces, including any back face installed faces (except back faces on trees having cost-shares under the practice with the prior to 1971. Faces having bark-b^rs next lower rate of payment. a worked-out face) on trees which are totaling less than 7 inches shall not be (d) Second, third, fourth, or fifth year less than 10 inches d.b.h. and only one worked in a manner that will result iir working. The cost-shares for working of face on trees less than 14 inches d.b.h. leaving bark-bars less'than those of for­ faces for second, third, fourth, or fifth (c) Components of practice and rates mer workings measured at the narrowest years are applicable under the 1971 pro­ of cost-sharing. Components of the prac­ point. gram to faces which were installed and tice and the rates of cost-sharing there­ met the eligible face requirements during § 706.906 Inspection assistance. of shall be as follows: the 1967, 1968,1969, or 1970 season. Such Each producer shall assist representa­ (1) Initial installation and first year cost-shares may also be allowed to new tives of the U.S. Forest Service or State working of 10-inch d.b.h. or larger trees; participating producers working tracts or Forest Agency in the administration of 9 cents per face. drifts which had some undersized trees this program by: (2) Working of faces for second, third, from which cups have been removed by (a ) Giving them free access to his fourth, or fifth year; 6 cents per face. the time of first elevation. New faces in­ turpentine farm or farms; (3) Initial use of double-headed nails stalled in 1971 and those installed in 1971 (b) Counting all faces and reporting in the initial installation or in the rais­ or prior years contrary to the require­ separately thereon by tracts and drifts to ing of cups and tins to conserve the ments for eligible faces will disqualify the the local inspector; worked portion of the tree; 1 cent per tracts or drifts for cost-sharing, unless (c) Furnishing information on burned face! This component is not applicable the cups and tins on such faces shall be areas, cutting operations, and interests where § 706.915 is used. removed within 60 days a

FEDERAL REGISTER, V O L 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7837 face. This component is not applicable proved by the U.S. Forest Service: Pro­ shall be limited to areas on the tree where § 706.915 is used. vided, That the number of remaining having burls, ridges, or other deformities. uncupped trees per acre shall average at §706.912 Practice 4: W orking only 12- § 706.916 Practice 8: Use of disposable least the minimum number per acre inch d.b.h. or larger trees. paper bags. specified by the U.S. Forest Service in its (a) Description of practice. This prac­ Minimum Stocking Guide issued June 4, (a) Purpose. The purpose of this prac­ tice consists of installing and working 1956, as amended, and be well distributed tice is to encourage producers to use faces and raising the cups and tins on over the area. paper bags to improve the quality of 12-inch d.b.h. or larger trees over a (c) Components of practice and rates gum, keep the butt section of the tree period of 2 to 5 years. of cost-sharing. Components of the prac­ available for other uses, and to promote (b) Eligible faces. Trees on which tice and rates of cost-sharing thereof greater productivity from the woods faces are installed shall be selected in shall be as follows: laborers. a manner that will result in having no (1) Initial installation and first year (b) Description of practice. This prac­ faces (except back faces on trees having working of selectively marked trees; 12 tice consists of using disposable paper a worked-out face) on trees which are cents per face/ If faces have been in­ bags instead of spiral gutters or Varn less than 12 inches d.b.h. and only one stalled contrary to the requirements for aprons and metal or clay cups. face on trees less than 14 inches d.b.h. eligible faces, the area will be considered (c) Eligible faces. Faces on trees in­ (c) Components of practice and rates only for qualification for cost-shares stalled to meet the requirements of of cost-sharing. Components of the prac­ under one of the diameter cupping prac­ §§ 706.909, 706.910, 706.911, 706.912, tice and rates of cost-sharing thereof tices, specified in § 706.909, § 706.910, 706.913, 706.914, and 706.918 may qualify shall be as follows: § 706.911, or § 706.912. this practice, the cost-share for which (1) Initial installation and first year (2) Working of faces for second, third, is in addition to the aforesaid sections. working of 12-inch d.b.h. or larger trees; fourth, or fifth year; 6 cents per face. (d) Rate of cost-sharing. The rate of 11 cents per face. (3) Initial use of double-headed nails cost-sharing for this practice is 9 cents (2) Working of faces for second, third, in the initial installation or in the raising per face. fourth, or fifth year; 6 cents per face. of cups and tins to conserve the worked (e) Use of paper bags. On accepting (3) Initial use of double-headed nails portion of the tree; 1 cent per face. cost-sharing for this practice the pro­ in the initial installation or in the rais­ This component is not applicable where ducer agrees to use paper bags attached ing of cups and tins to conserve the § 706.915 is used. with wire staples in combination with a bark-jump streak in lieu of metal gut­ worked portion of the tree; 1 cent per § 706.915 Practice 7 : Initial use of spiral face. This component is not applicable gutters or V am aprons and double­ ters or tins. Once installed, the producer where § 706.915 is used. headed nails. agrees to continue the use of paper bags throughout the 1971 season. Paper bags §706.913 Practice 5: Restricting tur­ (a) Purpose. The purpose of this prac­ will be installed in a manner that will pentining to previously worked trees. tice is to minimize damage to the tree minimize the loss of gum and restrict (a) Description of practice. This prac­ in installing faces for the virgin year or the amount of damage to the tree. In tice consists of installing and working in the first elevation and to conserve smoothing the tree and seating the bag faces and raising the cups and tins over the worked portion of the tree. for virgin installation, exposure of wood a period of 2 to 5 years only on trees (b) Description of practice. This prac­ shall be limited to areas on the tree hav­ having a previously worked face. tice consists of using spiral gutter or ing burls, ridges, or other deformities. (b) Eligible faces. Trees on which V am aprons attached with double­ § 706.917 Practice 9: Removal of cups faces are installed shall be selected in a headed nails when cups and tins are and tins from faces on small trees. manner that will result in having no initially installed on the face or when faces on round trees. cups and tins are elevated for the first (a) Purpose. The purpose of this prac­ (c) Components of practioe and rates time. / tice is to encourage producers who have of cost-sharing. Components of the prac­ (c) Eligible faces. Faces on trees in­ not participated in the 1969 and 1970 tice and rates of cost-sharing thereof stalled to meet the requirements of programs to discontinue working small shall be as follows: §§ 706.909, 706.910, 706.911, 706.912, unproductive trees, to promote improved (1) Initial installation and first year 706.913, 706.914, and 706.918 may qualify naval stores and forestry practices, and working of faces on previously worked for this practice, the cost-share for to improve productivity of the woodland. trees; 12 cents per face. which is in addition to the aforesaid (b) Description of practice. This prac­ (2) Working of faces for second, third, sections. tice consists of removing the cups and fourth, or fifth year; 6 cents per face. tins and discontinuing the working of (d) Rate of cost-sharing. The rate of (3) Initial use of double-headed nails small unproductive timber and meeting cost-sharing for this practice is 4 cents in the initial installation or in the rais­ all other requirements for participation per face. ing of cups- and tins to conserve the in this program. worked portion of the tree; 1 cent per (e) Cost-sharing limited to virgin (c) Eligible faces. All faces installed face. This component is not applicable working faces. This practice is limited for the first working in 1971 on trees where § 706.915 is used. to tracts or drifts having only virgin under 9 inches d.b.h. and all but one face working faces, i.e., faces installed for the on trees between 9 and 14 inches d.b.h. 706.914 Practice 6: Working only se­ first working during the 1971 season or having two or more faces shall be eligi­ lectively marked trees. faces upon which the cups and tins are ble. Working of faces shall be discon­ (a) Description of practice. This prac­ elevated for the first time during the tinued and cups and tins removed by tice consists of installing and working 1971 season. On accepting cost-sharing tracts or drifts within 60 days after the faces and raising the cups and tins on for this practice the producer agrees to producer is notified by the U.S. Forest selectively marked trees over a period of use the spiral gutter or Vam apron and Service or State Forest Agency to meet 2 to 5 years. double-headed nails to attach the tins the eligible face requirements of § 706. (b) Eligible facesJ Only trees 9 inches in all subsequent raisings and attach­ 909. Only producers who did not parti­ or more d.b.h. which should be removed ment of tins to the face. cipate in the 1969 and 1970 programs are to improve the timber stand may be cup- (f) Installation of cups and tins. Cups eligible for cost-sharing under this j^d and there shall be only one face on and tins shall be installed in a manner practice. trees less than 14 inches d.bJi. Cupping that will minimize the loss of gum and . (d) Rate of cost-sharing. The rate of v k® limited to trees selectively restrict amount of damage to the tree. cost-sharing for this practice is 10 cents marked in advance in accordance with Spiral gutters or Varn aprons shall be per face. (The cost-share is applicable good, approved timber management used and the tins shall be attached to to faces discontinued by removal of cups Practices to insure production of larger the tree with double-headed nails. In and tins to permit the tract or drift to juameter class timber or to provide other smoothing thé tree and seating the cup meet the eligible face requirements of tand improvement measures as ap­ for virgin installation, exposure of wood § 706.909.)

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7838 RULES AND REGULATIONS

§ 706.918 Practice 10: Pilot plant tests Amount of cost-shares Increase in Forest Service June 4, 1956, as amended, of new methods and equipment. computed: cost-shares shall be left uncut and undamaged and $32.00 to $32.99_____ 1 ______10.40 (a) Purpose. The purpose of this prac­ well distributed over the cutting area. $33.00 to $33.99______- 10.60 (2) When turpentine trees are cut tice is to conduct controlled demonstra­ $34.00 to $34.99______10.80 tions or experiments to test values of $35.00 to $35.99______11.00 in a harvest cutting, at least 400 tur­ management practices, new methods, $36.00 to $36.99______11.20 pentine trees per acre shall be left un­ and equipment for gum production. $37.00 to $37.99______11.40 cut and undamaged and well distributed (b) Description of practice. This prac­ $38.00 to $38.99______11.60 over the cutting area, or a minimum of tice consists of carrying out practical $39.00 to $39.99______11.80 the following number or combination demonstrations or tests of management $40.00 to $40.99______12.00 of numbers of thrifty turpentine seed $41.00 to $41.99______12.10 practices, new methods, or equipment, trees per acre; 9 inches or over d.b.h.— $42.00 to $42.99______12.20 si? trees, 8 inches d.b.h.— nine trees, or 7 according to requirements of the U.S. $43.00 to $43.99______12.30 Forest Service. $44.00 to $44.99______12.40 inches d.b.h.— 12 trees, shall be left un­ (c) Eligible faces. Only faces or check $45.00 to $45.99______12.50 cut and undamaged, or if clear cut, trees in selected tracts used in controlled $46.00 to $46.99______12.60 artificial planting of at least 500 trees demonstrations or tests carried out in $47.00 to $47.99______1_ 12.70 per acre will be accoifiplished prior to accordance with provisions prescribed by $48.00 to $48.99______12.80 April 1,1974. the U.S. Forest Service are eligible for $49.00 to $49.99______12.90 (b) Raising cups and tins without $50.00 to $50.99______13.00 cost-sharing. $51.00 to $51.99______13.10 double-headed nails. There may be (d) Components of practice and rates $52.00 to $52.99______13.20 withheld or required to be refunded all of cost-sharing. Components of the prac­ $53.00 to $53.99______13.30 of the cost-shares earned under this or tice and the rate of cost-sharing there­ $54.00 to $54.99______;_____ 13.40 previous programs on the tracts or of are 15 cents per face for faces meeting $55.00 to $55.99______13. 50 drifts in which such improper raising the requirements of §§ 706.909, 706.910, $56.00 to -$56.99______Z.J____13. 60 occurs. 706.911, 706.912, 706.913, and 706.914. $57.00 to $57.99______13.70 (c) Picking up additional faces after $58.00 to $58.99______13.80 G e n e r a l P r o v is io n s R e l a t in g to $59.00 to $59.99______13.90 the first year’s working will disqualify F ederal C o s t -S h a r in g $60.00 to $185.99______14. 00 the tract or drift for any further cost­ $186.00 to $199.99______(») sharing, unless the hardware is removed § 706.919 Increase in small Federal cor>t- $200.00 and over_____ -1— ______(2) to limit the working to one age class of shares. faces. Such removal must be accom­ The total of the payment computed for 1 Increase to $200. plished within 60 days of notification any producer with respect to his turpen­ 2 No increase. by the U.S. Forest Service or State tine farm under the Naval Stores Con­ § 706.920 Maintenance o f practices. Forest Agency. servation Program and the cost-share (d ) Failure to meet bark-bar require­ The sharing of costs by the Federal computed for him on the same farm ment. There may be withheld or re­ Government for performance of under the Rural Environmental Assist­ quired to be refunded all or any part of approved practices included in this pro­ ance Program for practices other than cost-shares earned under this program gram will be subject to the condition practice F-4 (§ 701.94) shall be increased on the tracts or drifts in which such im­ that the producer with whom the costs as follows: (a) Any Federal cost-sharing proper chipping occurs. are shared will maintain such practices amounting to 71 cents or less shall be in­ in accordance with good forestry prac­ (e) The burning by the producer on creased to $1; (b) any Federal cost­ tices as long as the timber remains under any tract or drift of of his turpen­ sharing amounting to more than 71 cents tine farm which will destroy natural but less than $1 shall be increased by 40 his control.-There may be withheld or required to be refunded all cost-shares reforestation on land which is not fully percent; (c) any Federal cost-sharing stocked with turpentine trees or which amounting to $1 or more shall be in­ under this program or previous pro­ grams on tracts or drifts in which there will result in damage to established tur­ creased in accordance with the follow­ pentine tree reproduction. There may ing schedule: occurs a failure to maintain any or all practices in accordance with good for­ be withheld or required to be refunded Amount of cost-shares Increase in all or any part of cost-shares earned computed: cost-shares estry practices, except as modified by this section or § 706.902(d). The pro­ under this program on the tracts or $1.00 to $3L.99____ $0.40 ducer shall not be expected to maintain drifts in which such improper burning $2.00 to $2.99____ .80 occurs. $3.00 to $3.99___ 1.20 and complete the practice when pre­ $4.00 io $4.99 _. 1.60 vented by destruction of the timber by (f) The installation of new faces on $5.00 to $5.99__. 2.00 fire, weather, insects, diseases, or other round trees less than 9 inches d.b.h. or $6.00 to $6.99__. 2.40 conditions beyond his control. Measures more than one face on round trees be­ $7.00 to $7.99— 2.80 which will be considered as failure to tween 9 and Id inches d.b.h. in tracts or $8.00 to iÊ8.99 _. 3.20 maintain practices in accordance with drifts having working faces installed $9.00 to i|>9.99 . 3.60 good forestry practices shall include, but prior to the 1967 turpentine season. There $10.00 to $10.99. 4.00 are not restricted to the following: may be withheld or required to be re­ $11.00 to $11.99. 4.40 funded 2 cents per face for each working $12.00 to $12.99. 4.80 (a) The cutting contrary to good for­ $13.00 to $13.99. 5.20 estry practices of turpentine trees in face installed prior to 1967 in the tracts $14.00 to $14.99. 5.60 tracts or drifts ( including current non­ or drifts in which such installation $15.00 to $15.99. 6. 00 working areas) on which costs have been occurs. $16.00 to $16.99. 6.40 or would be shared under this program § 706.921 Practices defeating purposes $17.00 to $17.99. 6. 80 or the 1967, 1968, 1969, or 1970 program. of programs. $18.00 to $18.99. 7.20 There may be withheld or required to be $19.00 to $19.99. 7. 60 If the U.S. Forest Service or State refunded the amount previously paid for $20.00 to $20.99. 8. 00 Forest Agency finds that any producer each face for which costs were shared in $21.00 to $21.99. 8.20 has adopted or participated in any prac­ 1967, 1968, 1969, 1970, or 1971 in the $22.00 to $22.99. 8.40 tice which tends to defeat the purposes $23.00 to $23.99. 8. 60 tracts or drifts in which such cutting of this program or previous programs, it $24.00 to $24.99. 8. 80 occurs. Conformity to the following rules may withhold or require to be refunded $25.00 to $25.99. 9.00 shall be considered good cutting prac­ all or any part of any cost-share which $26.00 to $26.99. 9.20 tice: $27.00 to $27.99. 9.40 has been or otherwise would be made to (1) When turpentine'trees are cut for $28.00 to $28.99. 9.60 such producer under this program, ex­ thinnings at least the minimum number $29.00 to $29.99. 9.80 cept as modified by § 706.902(d) or $30.00 to $30.99. 10. 00 of trees per acre specified in the Min­ $31.00 to $31.99. 10. 20 imum Stocking Guide issued by the T7.S. § 706.920.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7839

§ 706.922 Federal cost-shares not sub­ duction of gum naval stores, during the (c) Turpentine tree. Any tree of either ject to claims. 1971 turpentine season, which were in­ of the two species, longleaf pine (Pinus Any Federal cost-share, or portion stalled during or after the 1967 season. If palustris) or slash pine (Pinus elliottii thereof, due any person shall be deter­ it is determined that two or more pro­ engelm). mined and allowed without regard to ducers contributed to carrying out the (d) Turpentine farm. This includes (1) questions of title under State law; with­ practice, the Federal cost-shares shall be land growing turpentine trees, owned or out deduction of claims for advances divided among such producers in the pro­ leased by a producer in one general lo­ (except as provided in § 706.923 and ex­ portion which the Program Supervisor cality, which are currently being worked cept for indebtedness to the United determines they contributed to carrying for gum naval stores, herein referred to States subject to setoff under Part 13 out the practice. In making this deter­ as a working area; and (2) all commer­ of this title); and without regards» any mination, the Program Supervisor shall cially valuable or potentially valuable claim or lien against any crop or pro­ take into consideration the value of the forest land, owned by a producer on ceeds thereof, in favor of the owner or labor, equipment, or material con­ which turpentine trees are growing and any other creditor. tributed by each person toward the car­ which are not being currently worked rying out of each practice on a par­ for gum naval stores, herein referred to § 706.923 Assignments. ticular acreage, and shall assume that as a nonworking area. Any producer who may be entitled to each contributed equally unless it is (e) Tract. A portion of a working area any Federal cost-share under the 1971 established to the satisfaction of the Pro­ having a continuous stand of trees sup­ program may assign his right thereto, in gram Supervisor that their respective porting faces of one age class or inter­ whole or in part, in accordance with the contributions thereto were not in equal mingled age classes. regulations governing the assignment of proportion. The furnishing of land, (f) Drift. A portion or subdivision of a payments, Part 709 of this chapter, as trees, or the right to use water will not tract set apart for convenience of opera­ amended. be considered as a contribution to the tion or administration. carrying-out of any practice. (g) Turpentine season. The entire cal­ §706.924 Death, incompetency, or dis­ endar year, or, if a farm is operated less appearance o f producer. § 706.928 Time and manner of filing than the full calendar year, that period In case of the death, incompetency, or applications and required informa­ within the calendar year during which tion. disappearance of any producer, the cost- a producer is operating his turpentine share, due him shall be paid to his suc­ Payment of Federal cost-shares will farm for the production of gum naval cessor, as determined in accordance with be made only when a report of perform­ stores. the regulations in Part 707 of this chap­ ance is submitted to the U.S. Forest (h) Face. The whole wound or aggre­ ter, as amended. Service or State Forest Agency on or gate of streaks made by chipping, streak­ before December 31, 1971, on the pre­ § 706.925 Maximum Federal cost-share ing, or pulling the live tree to stimulate limitation. scribed Form (3200-3) Application for the flow of crude gum (oleoresin), herein Payment. Payment of Federal cost- referred to as gum. For practices other than practice F-4 shares may be withheld from any pro­ (i) Cup. A container made of metal, (§ 701.94), the total of all Federal cost- ducer who fails to file any form or clay, or other material hung on or below shares under this program and the 1971 furnish any information required with the face to accumulate the flow of gum. Rural Environmental Assistance Pro­ respect to any turpentine farm which (j) Tins. The gutters or aprons, made gram to any person with respect to farms, is being operated by him. of sheet metal or other material, used ranching units, and turpentine places in to conduct the gum from a face into A ppe a ls the United States, Puerto Rico, and the a cup. Virgin Islands for approved practices § 706.929 Appeals. (k) D.b.h. Diameter breast height, i.e., which are not carried out under pooling diameter of tree measured 4 y2 feet from agreements shall not exceed the sum of Any producer may, within 15 days af­ ter notice thereof is forwarded to or made the ground. $2,500, and for all approved practices, (l) Round tree. Any tree which has not including those carried out under pooling available to him, request the Southeast­ ern Area Director in writing to review the been faced or scarred. agreements, shall not exceed the sum of (m ) Scarred tree. A tree having an $10,000. The rules for applying the maxi­ recommendation or determination of the Program Supervisor in any matter af­ idle face not over 36 inches in vertical mum Federal cost-share limitation con­ measurement from the shoulder of the tained in the regulations governing the fecting the right to or the amount of his Federal cost-shares with respect to first streak to the shoulder of the last Rural Environmental Assistance Pro­ streak. gram, Part 701 of this chapter, shall be the producer’s turpentine farm. The (n) Worked-out face. An idle face applicable to this program. Southeastern Area Director shall notify the producer of his decision in writing which is 60 inches or more in vertical § 706.926 Evasion. within 60 days after the submission of measurement between the shoulder of the All or any part of any Federal cost- the appeal. If the producer is dissatis­ first streak and the shoulder of the last share which has been or otherwise would fied with the decision of the Southeastern streak, or dry face. be made to any producer participating in Area Director he may, within 15 days (o) Back face. A face placed on a tree this program may be withheld or re­ after the decision is forwarded to or having a previously worked face. quired to be refunded if he has adopted made available to him, request the Chief (p) Spiral gutter. A curved gutter that °r Participated in adopting any scheme of the U.S. Forest Service to review the follows a spiral path around the tree. or device, including the dissolution, re­ case and render his decision, which shall (q) Varn apron. A curved two-piece organization, revival, formation, or use be final. adjustable apron with tacking flange. of any corporation, partnership, estate, D e f in it io n s (r) Double-headed nail. A nail with ttost, or any other means which was de- § 706.930 Definitions. two heads meeting minimum specifica­ S1gned to evade the provisions of §706.925. (a) Gum naval stores. Crude gum tions as follows; The overall length shall be 1% inches; distance between heads a Application for P a y m e n t o f F ederal (oleoresin), gum turpentine, and gum C o s t -S har es rosin produced from living trees. minimum of one-fourth inch; its wire gauge no smaller than 13; the driving §706.927 Persons- eligible to file appli­ (b) Producer or turpentine farmer. Any person, firm, partnership, corpora­ head shall be of flat “Common Nail” type cation for payment of Federal cost- with diameter between five-thirty-sec­ shares. tion, or other business enterprise doing onds and one-fourth inch and diameter business as a single legal entity, produc­ An application for payment of Federal of clinching head one-fourth inch. ing gum naval stores from turpentine ost-shares may be filed by any producer (Double-headed nails specially designed who contributed to the performance of trees controlled through fee ownership, for naval stores’ use are produced com­ j*hy approved Naval Stores Conservation cash lease, percentage lease, share lease, mercially by several manufacturers. Ex­ practice and is working faces for the pr<- • or other form of control. perience has shown that the use of

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7840 RULES AND REGULATIONS double-headed nails meeting these speci­ States which are administered by the 1962 (21 U.S.C. 111-113, 114g, 115, 117 fications is satisfactory and meets the U.S. Forest Service of the Department 120, 121, 123-126, 134b, 134f), Part 76Í requirements for any type of installa­ of Agriculture or by the U.S. Fish and Title 9, Code of Federal Regulations, re­ tion and easy removal from the trees.) Wildlife Service of the Department of stricting the interstate movement of (s) Disposable paper bag. A paper bag the Interior). swine and certain products because of meeting the following minimum specifi­ (b) This program is applicable to: hog cholera and other communicable cations: The bag shall be fabricated from (1) Turpentine farms on privately swine diseases, is hereby amended in the 50-pound, wet-strength, K raft paper owned lands; following respects: laminated to a plastic film. Dimensions (2) Lands owned by a State or politi­ 1. In § 76.2, the reference to the State of the bag shall be approximately 16 cal subdivision or agency thereof; or of Missouri in the introductory portion inches wide laterally, inches high (3) Lands owned by corporations of paragraph (e) and paragraph (e) (12) overall, with 3 ^ -inch gussets, and an which are either partly or wholly owned relating to the State of Missouri are outside from 8V2 inches high. by the United States provided such deleted. (t) Staples for attaching paper bags. lands are temporarily under such Gov­ 2. In § 76.2, paragraph (f ) is amended Staples manufactured of soft iron, one- ernment or corporation ownership and by adding thereto the name of the State half to nine-sixteenths inch in length, are not acquired or reserved for conser­ of Nebraska. averaging 16 to 21 staples per inch of vation purposes. (These include lands ad­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, clip, are satisfactory. ministered by the Farmers Home Admin­ 32 Stat. 791-792, as amended, secs. 1-4, 33 (u) Virgin streak. The first chipping istration, the Federal Farm Mortgage Stat. 1264, 1265, as amended, sec. 1, 75 Stat. of the tree following initial installation Corporation, a Production Credit Asso­ 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. of the face. ciation, or the U.S. Department of De­ I l l , 112, 113, 114g, 115, 117, 120, 121, 123-126, 134b, 134f; 29 F.R. 16210, as amended) (v) Hardware. All gutters, aprons, or fense, and lands administered by any metal strips of any kind whatsoever other agency complying with all of the Effective date. The foregoing amend­ together with nails used to support same foregoing provisions for eligibility.) ments shall become effective upon and nails used to support cups for the issuance. § 706.934 Administration. , collection of raw gum resin. The amendments exclude a portion of (w ) State Forest Agency. State For­ The U.S. Forest Service shall have Lafayette County, Mo., from the areas ester or comparable State official who charge of the administration of this pro­ quarantined because of hog cholera. has entered.into a cooperative agreement gram and is hereby authorized to prepare Therefore, The restrictions pertaining to with the U.S. Forest Service to provide and to issue such bulletins, instructions the. interstate movement of swine and technical assistance in carrying out this and forms, and to make such determina­ swine products from or through quaran­ program. tions, as may be required to administer tined areas as contained in 9 CFR Part this program pursuant to the provisions 76, as amended, will not apply to the ex­ A u t h o r it y , A vailability o f F u n d s , of the regulations in this‘subpart. The cluded area, but will continue to apply to A pplicability a n d A dministration field work shall be administered by the the quarantined areas described in § 76.2 § 706.931 Authority. U.S. Forest Service through the office of (e ). Further, the restrictions pertaining the Southeastern Area Director, U.S. to the interstate movement of swine and This program is approved pursuant to Forest Service, 1720 Peachtree Road NW., swine products from nonquarantined the authority vested in the Secretary of Atlanta, G A 30309. Information concern­ areas contained in said Part 76 will apply Agriculture under sections 7 to 15,16(a), ing this program may be secured from to the excluded area. No areas in Missouri and 17 of the Soil Conservation and the U S . Forest Service, Post Office Box remain under the quarantine. Domestic Allotment Act, as amended. 1625, Valdosta, G A 31601, its representa­ The amendments add Nebraska to the § 706.932 Availability of funds. tives, or from State Forest Agency offices list of hog cholera eradication States in (a) The provisions of this program in Alabama, Florida, Georgia, and § 76.2(f), and the special provisions per­ are necessarily subject to such legisla­ Mississippi. taining to the interstate movement of tion affecting said program as the Con­ Effective date. This Subpart G shall swine and swine products from or to such gress of the United States may hereafter become effective upon publication in the eradication States are applicable to Nebraska. enact; the paying of the Federal cost- F ederal R eg ist e r (4-27-71). shares herein provided for is contingent Insofar as the amendments relieve cer­ C lif f o r d M. H a r d in , upon such appropriation as the Congress tain restrictions presently imposed but Secretary of Agriculture. may hereafter provide for such purpose; no longer deemed necessary to prevent j the spread of hog cholera, they must be and the amounts of such Federal cost- A p r il 19, 1971. made effective immediately to be of max­ shares will necessarily be within the [FR Doc.71-5798 Filed 4-26-71;8:45 am] limits finally determined by such appro­ imum benefit to affected persons. Insofar priation and by the extent of participa­ as they impose restrictions, they should tion in this program. be made effective promptly in order to prevent the spread of hog cholera. It does (b) The funds provided for this Title 9— ANIMALS AND not appear that public participation m program will not be available for the this rule making proceeding would make payment of applications filed after De­ ANIMAL PRODUCTS additional relevant information avail­ cember 31, 1972. able to this Department. Accordingly* (c) If the total estimated cost-shares Chapter I— Agricultural Research under the administrative procedure pro­ under the Naval Stores Conservation Service, Department 6f Agriculture visions in 5 U.S.C. 553, it is found upon Program exceed the total funds available SUBCHAPTER C— INTERSTATE TRANSPORTATION good cause that notice and other public for cost-sharing, such cost-shares will be OF ANIMALS AND POULTRY procedure with respect to the amend­ reduced equitably. [Docket No. 71-549] § 706.933 Applicability. ments are impracticable and unneces­ PART 76— HOG CHOLERA AND (a) The provisions of this program are sary, and good cause is found for making not applicable to any turpentining oper­ OTHER COMMUNICABLE SWINE them effective less than 30 days after ations within the public domain of the DISEASES publication in the F ederal R egister. United States, including the lands and Areas Quarantined Done at Washington, D.C., this 22d day timber owned by the United States which Pursuant to provisions of the Act of of April 1971. were acquired or reserved for conserva­ F . J. M u l h e r n , tion purposes, or which are to be retained May 29, 1884, as amended, the Act of Acting Administrator, permanently under Government owner­ February 2, 1903, as amended, the Act of Agricultural Research Service. ship (such lands include, but are not March 3, 1905, as amended, the Act of limited to lands owned by the United September 6, 1961, and the Act of July 2, [FR Doc.71-5838 Filed 4-26-71; 8:52 am]

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7841

Chapter li— Packers and Stockyards Size Standards Regulation to delegate to (f) Decision of the Size Appeals Administration, D epartm ent of the Size Appeals Board his final deci­ Board. The decision of the Size Appeals Agriculture sional authority with respect to size ap­ Board shall be predicated upon the entire peals matters, by adding a fifth member record, and it shall state in writing the PART 201— REGULATIONS UNDER to the Board, and to provide that the basis for its findings and conclusions. THE PACKERS AND STOCKYARDS ACT Chairman shall vote only in the event The Chairman shall promptly notify, in of a tie. Market Agencies Using Consigned writing, the appellant and the other in­ Currently, the regulation provides that terested parties' of the Board’s decision Livestock To Fill Orders the Size Appeals Board "shall consider together with the reasons therefor. On December 10, 1970, a notice of appeals from size determinations and (g) Reconsiderations. * * * proposed rule making was published in product classifications. The Board con­ (4) If the Board denies the request the Federal R e g ister (35 F.R . 18745) sists of four members and each member for reconsideration, it shall notify all that the Packers and Stockyards Admin­ has an equal vote. Following its con­ parties. If the request for reconsideration istration was considering an amendment sideration, the Board recommends an is granted, the Board shall so notify all to § 201.62 of the regulations with re­ appropriate decision to the Adminis­ interested parties, setting forth a rea­ spect to the use of consigned livestock trator who may adopt the Board’s rec­ sonable time within which the interested by market agencies to fill orders. ommendation as the official Agency de­ parties may, if appropriate, submit addi­ Interested persons were given 60 days cision; if the Administrator disagrees tional information. The Board may, in after publication to submit written data, with the Board’s findings and conclu­ its discretion, provide interested parties views, or arguments concerning the pro­ sions, he shall render a decision setting with copies of appropriate information posed amendment. After consideration of forth the basis for his findings and submitted by other parties where it de­ all relevant matters submitted by inter­ conclusions. termines that this is necessary in the ested persons, and pursuant to the pro­ Specifically, § 121.3-6 of Part 121 of interest of fairness or to better assist visions of sections 305, 306, 307(a), Chapter I of Title 13 of the Code of the Board in performing its factfinding 312(a), and 407(a) of the Packers and Federal Regulations is amended by: (A) functions. Stockyards Act, 1921, as amended (7 Revising paragraphs (a) and (e)(1); (5) Following its reconsideration of U.S.C. 206-208, 213(a), 228), § 201.62, (B ) revising and consolidating para­ the matter, the Board will promptly ren­ Part 201, Chapter II, Title 9, Code of graphs (f) and (g) as paragraph (f); der a decision pursuant to paragraph ( f ) Federal Regulations, is amended to read and (C) revising paragraph (h) (4) and of this section. The decision of the Board as follows: (5) and as so revised redesignating entire shall constitute the final administrative paragraph (h) as paragraph (g) . As so remedy afforded by this Agency. '§201.62 Using consigned livestock to fill orders. revised and redesignated, paragraphs Effective date. This amendment shall (a), (e)(1), (f), and (g) (4) and (5) of become effective upon publication in the Whenever a market agency uses live­ § 121.3-6 read as follows: stock consigned to it for sale to fill, in F ederal R eg ister (4-27-71). whole or in part, an order which it has § 121.3—6 Appeals. Dated: April 19, 1971. received from a buyer, the market (a) Organization. The Size Appeals T h o m a s S. K l e p p e , agency shall be presumed with respect to Board shall review appeals from size de­ Administrator. such livestock to be acting solely as the terminations made pursuant to § § 121.3-4 agent of the consignor and shall advise and 121.3-5 and from product classifica­ [FR Doc.71-5767 Filed 4-26-71;8:46 am] the consignor in its account of sale of tions made pursuant to §§ 121.3-8 and such use and shall collect for its services 121.3-10 and shall make final decisions only the selling commission provided in as to whether such determinations or its tariff: Provided, That to offset ex­ classifications should be affirmed, re­ Title 14— AERONAUTICS AND penses incurred by market agencies in versed or modified. Size Appeals Board soliciting bids on consigned livestock proceedings are essentially fact-finding * SPACE from off-the-market buyers, the market and nonadversary in nature. The Size agencies at a stockyard may provide in Appeals Board shall conduct such pro­ Chapter I— Federal Aviation Adminis­ their tariffs for assessing such buyers a ceedings as it determines appropriate to tration, Department of Transportation uniform expense charge not to exceed enable it to discharge its duties. [Airworthiness Docket No. 69-WE-12-AD; one-half of the selling commission ( 1) The Size Appeals Board shall con­ Amdt. 39-1197] *n e®ec^ the market. sist of five members, to wit: The Deputy This amendment shall become ef­ Administrator (Chairman), the Asso­ PART 39—-AIRWORTHINESS fective on June 1, 1971. ciate Administrator for Procurement and DIRECTIVES Management Assistance (Vice Chair­ i^®\305> 306> 307(a), 312(a), and 407(a), Boeing Model 707/720 Series Aircraft oTo/T1, 164> 165> 167> 169> 7 U.S.C. 206-208, m an), the Associate Administrator for 213(a), 228(a)) Financial Assistance, the Assistant Ad­ Amendment 39-786 (34 F.R. 9748), AD Done at Washington, D.C., this 21st ministrator for Planning, Research and 69-13-2, as amended by .Amendments day of April 1971. Analysis, and the Associate Adminis­ 39-800 (34 F.R. 12214) and 39-1174 (36 trator for Investment. F.R. 5209), requires inspection and mod­ G l e n n G . B ie r m a n , (2) Each member of the Size Appeals Acting Administrator, Packers ification of the hydraulic power actuator Board shall, in writing, designate one support fitting. After issuing Amend­ and Stockyards Administration. or more alternates to serve in his stead ment AD 69-13-2, as amended, the [FR Doc.71-5802 Filed 4-26-71;8:49 am ] in the event of absence or disability. agency determined that, due to service Each member or his alternate shall have experience, the eddy current and ultra­ one vote, except that the Chairman, or sonic inspection programs required until Title 13— BUSINESS CREDIT the Vice Chairman acting in his stead, terminating action, i.e., installation of shall vote only in the event of a tie. an approved fitting, is accomplished, AND ASSISTANCE * 1 * * * * must be further and substantially al­ Chapter I— Small Business (e) Consideration by the Size Appeals tered. Coordination of this amendment, Board. (1) The Size Appeals Board shall including a meeting with various opera­ Administration consider the appeal on the written sub­ tors and the Air Transport Association [Rev. 10, Amdt. 1] missions of the parties. The Board may and the Boeing Co. at the FAA Western PART 121—-SMALL BUSINESS SIZE also, in its discretion, conduct an oral Regional office on April 14,1971, to eval­ STANDARDS inquiry. After consideration of all rele­ uate the inspection programs, schedul­ vant information, ‘ the Board shall ing, and availability of parts, has been Appeals promptly render a decision which shall effected. AD 69-13-2 is being superseded ness1 a Administrator of the Small Busi- state the reason for such decision. to place all aircraft in an inspection hministration hereby amends the ***** and modification program described in FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 2 r, 1971 7842 RULES AND REGULATIONS

Boeing Service Bulletin No. 2903, and of Boeing Service Bulletin 2903, dated June (5) All fittings reworked per (k) (4) must later FAA-approved revisions, while 2, 1969, or with another replacement fitting be reinspected in the manner and within the approved by the Chief, Aircraft Engineering corresponding intervals specified in (e), crediting, to the extent possible, the in­ Division, FAA Western Region. above, until replaced in accordance with spections and modifications previously (g) When any fitting inspected in accord­ ( k ) (6 ). accomplished by the operators per AD ance with paragraphs (a) through (e ), above, (6) All 7079—T6 fittings must be replaced 69-13-2, as amended. The new AD fur­ or in accordance with this paragraph, ex­ within the next 5,400 hours' time in service ther intensifies the inspection program hibits evidence of a crack which is found to but in any event before further flight after until terminating action is accomplished, be within the rework limits of Part II— Bush­ October 1,1972, in accordance with ( i ) , above. and supersedes AD 69-13-2, as amended. ing Replacement of Boeing Service Bulletin 2903, the fitting can be returned to service, This supersedes Amendment 39-786 (34 Since a situation exists that requires provided: The fitting is reworked and new F.R. 9748), AD 69-13-2, as amended by immediate adoption of this regulation, bushings are fabricated in accordance with Amendment 39-800 (34 F.R. 12214), and it is found that notice and public pro­ Part n of Boeing Service Bulletin 2903, dated Amendment 39-1174 (36 F.R. 5209). June 2, 1969, or later FAA-approved revision; cedure hereon are impracticable and This amendment becomes effective good cause exists for making this amend­ the new bushings are installed in the fitting in accordance with (h ), below; and either April 27,1971. ment effective in less than 30 days. ultrasonic inspections or, with bushings re­ (Secs. 313(a), 601, 603, Federal Aviation Act In consideration of the foregoing, and moved, eddy curreht inspections are per­ of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec, pursuant to the authority delegated to formed thereafter at intervals not to exceed 6(c), Department of Transportation Act, 49 me by the Administrator (31 F.R. 13697), 325 hours’ time in service. U.S.C. 1655(c)) § 39.13 of Part 39 of the Federal Aviation (h) Fittings inspected or reinspected by Regulations is amended by adding the eddy current technique to comply with para­ Issued in Los Angeles, Calif., on following new airworthiness directive: graphs (a) through (e) and (g), above, and April 16,1971. fittings eligible for rework in accordance with B oeing. Applies to Model 707/720 series air­ (g ), above, may be returned to service when A rvxn O. B asnigh t, planes equipped with 7079/T6 rudder the bushings are installed or reinstalled in Director, FAA Western Region. hydraulic power actuator support fit­ the manner outlined in Boeing Service Bulle­ [F R Doc.71-5768 Filed 4-26-71;8:46 am] tings. tin 2903, Revision 5, dated February 3, 1971, Compliance required as indicated. or later FAA-approved revision. To detect cracks which might result in (ij^. Within the next 5,400 hours’ time in [Airworthiness Docket No. 71—WE-ll-AD; failure of the rudder hydraulic power actu­ service but in any event before further flight Arndt. 39-1199] ator support fitting and to prevent additional after October 1, 1972, replace all 7079-T6 cracking of the fitting in the vicinity of the fittings with fittings made of 7075-T73 ma­ PART 39— AIRWORTHINESS actuator attachment holes, accomplish the terial, or with an alternate replacement following: fitting described in an FAA-approved revision DIRECTIVES (a) For airplanes previously reworked in of Boeing Service Bulletin 2903, or with accordance with paragraph (b) of AD 69- another replacement fitting approved by the Boeing Model 727 Series Airplones 13-2, as amended by Amendment 39-1174 Chief, Aircraft Engineering Division, FAA There have been reported cracks in the effective March 18, 1971, within the next Western Region. The special inspections pre­ main landing gear actuator beam (Part 100 hours’ time in service after the effective scribed by this AD are terminated when any No. 65-17658-11) . Three such cracks re­ date of this AD unless already accomplished airplane is modified to incorporate any of in accordance with paragraph (d )(1 ) of that these replacement fittings. sulted in complete beam failures. Since AD, perform either an ultrasonic inspection, ( j ) When a fitting is found to be cracked, this condition is likely to develop in other or, after removal of bushings, an eddy cur­ the airplane may not be ferried under the Model 727 airplanes, an airworthiness rent inspection to detect evidence of cracks provisions of FAR 21.197 (b) and (c). Air­ directive is being issued to require inspec­ in the support fitting. planes may be ferried after issuance of indi­ tion and replacement, as necessary, of the (b) Unless already accomplished within vidual special flight permits under the pro­ beam. visions of FAR 21.197(a) (1) and FAR 21.199 the last 300 hours’ time in service prior to Since a situation exists that requires the effective date of this AD, within the next with all engines operating and after a pre­ takeoff determination that the rudder op­ immediate adoption of this regulation, it 100 hours’ time in service after the effective is found that notice and public proce­ date of this AD, perform either another ultra­ erates normally in the boost-on mode. Pur­ sonic inspection or, with bushings removed, suant to FAR 21.199(a)(6), the limitations dure hereon are impracticable and good an eddy current inspection of all fittings pre­ in the special flight permit will prohibit cause exists for making this amendment viously inspected by ultrasonic means. flights over congested areas or which may effective in less than 30 days. otherwise endanger persons or property on (c) At intervals not to exceed 400 hours’ In consideration of the foregoing, and time in service after the last ultrasonic the ground. (k ) After the effective date of this AD, pursuant to the authority delegated to inspection, reinspect by ultrasonic means all me by the Administrator (31 F.R. 13697), fittings previously inspected in that manner actuator support fittings not previously re­ in compliance with (a) and (b ), above, until worked by the installation of aluminum- § 39.13 of Part 39 of the Federal Avia­ an eddy current inspection, with bushings nickel-bronze bushings in accordance with tion Regulations is amended by add­ removed, is performed per (d ), below. paragraph (b ) of AD 69-13-2, effective June 6, ing the following new- airworthiness 1969, must be inspected, reworked,, or re­ (d ) W ithin 1,200 hours’ time in service placed as follows: directive: after the effective date of this AD but no later (l) Before further flight remove all bush­ B oeing. Applies to Model 727 airplanes listed than 1,200 hours’ time in service after the ings and perform an eddy current inspection in' Boeing Service Bulletin 32-188, dated last eddy current inspection with bushings of the support fitting. March 29, 1971, or later FAA-approved removed, remove all bushings and perform (2) Before further flight, replace any fit­ an eddy current inspection of the fitting. ting found to be cracked beyond rework Compliance required as indicated. (e) After accomplishment of the eddy cur­ limits, in accordance with ( f ), above. rent inspection per (b) or (d), above, per­ To detect cracking of the main landing gear (3) Any fitting found cracked within re­ actuator beam, accomplish the following: form either ultrasonic inspections at inter­ work limits may be returned to service if A. Unless already accomplished within the vals not to exceed 650 hours’ time in service reworked in accordance with ( g ) , above, and or eddy current inspections, with bushings the new bushings are installed in accordance last 300 hours’ time in service preceding tne removed, at intervals not to exceed 1,200 with ( h ) , above. effective date of this AD, within the nex hours’ time in service, until the fitting is (4) Before further flight, fittings inspected 300 hours’ time in service after the effective replaced in accordance with (f ) or (i), below. in accordance with (k) (1), above, and found date of this AD or prior to the accumulation (f) When any fitting inspected in ac­ to be uncracked must be modified to in­ of 5,300 hours’ time in service, whichever cordance with the foregoing paragraphs or corporate flanged aluminum-nickel-bronze occurs later, accomplish one of the following. paragraph (g), below, exhibits evidence of bushings described by paragraph C of Boeing 1. Visually inspect the main landing gear a crack which is found to exceed the rework Service Bulletin 2903, dated June 2, 1969, and actuator beam for any evidence of cracking limits outlined in Part II— Bushing Replace­ by Part n —Bushing Replacement of that in accordance with Boeing Service Buue ment of Boeing Service Bulletin 2903, dated Service Bulletin, or in a manner approved by 32-188, dated March 29, 1971, or later FAA- June 2, 1969, or later FAA-approved revision, the Chief, Aircraft Engineering Division, FAA approved revision, or an equivalent metn replace the fitting prior to further flight Western Region, unless the fitting is replaced approved by the Chief, Aircraft Engineering either with a new fitting made of 7075-T73 in accordance with ( f ), above. Installation of Division, FAA Western Region. Repeat tn material, with an alternate replacement fit­ flanged bushings must be performed in ac­ visual inspection at intervals not to exc ting described in an FAA-approved revision cordance with (h),, above. 600 hours’ timé in service, or

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7843

2. Ultrasonically inspect the main land­ D etroit L akes, M i n n . Since changes in most, if not all, ex­ ing gear actuator beam for cracks in accord­ ance with Boeing Service Bulletin 32-188, That airspace extending upward from 700 isting airspace designations are required dated March 29, 1971, or later PAA-approved feet above the surface within a 6%-mile in order to achieve the increased safety revision, or an equivalent method approved radius of Detroit Lakes Municipal. Airport and efficient use of the airspace that by the Chief, Aircraft Engineering Division, (latitude 46°49'35” N., longitude 95°53'05" TERPS is designed to accomplish and PAA Western Region. Repeat the ultrasonic W .); and within 3 miles each side of the since these changes are minor in nature, inspection at intervals not to exceed 1,500 315° bearing from the Detroit Lakes Mu­ notice and public procedure hereon hours’ time in service. nicipal Airport, extending from the 6% -mile- radius area to 7% miles northwest of the have been determined to be both un­ B. If cracks are found replace the beam necessary and impracticable. with a serviceable beam. airport; and that airspace extending upward C. Where records maintained by the oper­ from 1,200 feet above the surface within In consideration of the foregoing, ator are such as will permit a clear deter­ 4% miles northeast and 9% miles south­ Part 71 of the Federal Aviation Regula­ mination of the number of hours’ time in west of the 315° and 135° bearings from the tions is amended effective 0901 G.m.t., service accumulated by the main landing Detroit Lakes Municipal Airport, extending June 24, 1971, as hereinafter set forth: gear actuator beam, P/N 65-17658-11, in­ from 6 miles southeast of the airport to In § 71.181 (36 F R . 2140), the follow­ stalled on the airplane, the inspection times 18% miles northwest of the airport; and ing transition area is amended to read: prescribed by this AD may be applied to the within 5 miles each side of the 135° bearing W in d o m , M i n n . beam rather than to the airplane. of the Detroit Lakes Municipal Airport, ex­ D. Inspections prescribed by this AD do tending from the airport to 12 miles south­ That airspace extending upward from 700 not apply to new replacement beams, P/N east of the airport excluding the portion that feet above the surface within a 6%-mile «5-57153-3, or to P/N 65-17658-11 beam overlies the Fargo, N. Dak., transition area. radius of the Windom Municipal Airport until 5,300 hours’ time in service is reached. [FR Doc.71-5771 Filed 4r-26-71;8:46 am] (latitude 43°54'50” N., longitude 95°06'35" E. Airplanes having cracked main land­ W.); and within 9% miles west and 4% ing gear actuator beams which require re­ miles east of the 354° and 174° bearings placement under this AD may, in accordance [Airspace Docket No. 71-CE-16] from the Windom Municipal Airport ex­ with FAR 21.197, be flown with the landing tending from 4 miles south of the airport gear extended to a base where the replace­ PART 71— DESIGNATION OF FEDERAL to 18% miles north of the airport; and ment can be accomplished. that airspace extending upward from 1,200 AIRWAYS, AREA LOW ROUTES, feet above the surface within 5 miles each This AD becomes effective May 28, CONTROLLED AIRSPACE, AND RE­ side of the 174° bearing from the Windom 1971. PORTING POINTS Municipal Airport extending from the air­ (Secs. 313(a), 601, 603, Federal Aviation Act port to 12 miles south of the airport. of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. Alteration of Control Zone and (Sec. 307(a), Federal Aviation Act of 1958, 6(c), Department of Transportation Act, 49 Transition Area; Correction 49 U.S.C. 1348, sec. 6 (c ), Department of Ufl.C. 1655(c)) Transportation Act 49 U.S.C. 1655(c)) In P.R. Doc. 71-3081, on page 4370 in Issued in Los Angeles, Calif., on the issue of Friday, March 5,1971, line 8 Issued in Kansas City, Mo., on April 9, April 19,1971. of the Cut Bank, Mont., transition area 1971. A r v in O . B a s n ig h t , description should be corrected to read D a n ie l E. B a r r o w , Director, FAA Western Region. “VORTAC; and within a 12-mile radius Acting Director, Central Region. [FR Doc.71-5773 Filed 4-26-71;8:46 am] [FR Doc. 71-5769 Filed 4-26-71;8:46 am] of the Cut Bank VORTAC ex-”. Issued in Kansas City, Mo., on April 7, 1971. [Airspace Docket No. 71-CE-23] [Airspace Docket No. 71-CE-2] E dw ar d C. M a r s h , PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL Director, Central Region. AIRWAYS, AREA LOW ROUTES, AIRWAYS, AREA LOW ROUTES, [FR Doc.71-5772 Filed 4r-26-71;8:46 am] CONTROLLED AIRSPACE, AND RE­ CONTROLLED AIRSPACE, AND RE­ PORTING POINTS PORTING POINTS [Airspace Docket No. 71-CE-21] Alteration of Control Zone and Alteration of Transition Area PART 71— DESIGNATION OF FEDERAL Transition Area The purpose of this amendment to On page 3015 of the F ederal R eg ister AIRWAYS, AREA LOW ROUTES, Part 71 of the Federal Aviation Regula­ dated February 13, 1971, the Federal CONTROLLED AIRSPACE, AND RE­ tions is to alter the Des Moines, Iowa, Aviation Administration published a no­ PORTING POINTS control zone and transition area. tice of proposed rule making which would - The instrument approach procedures amend § 71.181 of Part 71 of the Fed­ Alteration of Transition Area for the Des Moines, Iowa, Municipal Air­ eral Aviation Regulations so as to alter The purpose of this amendment to port are being changed with the result the transition area at Detroit Lakes, Part 71 of the Federal Aviation Regu­ Minn. that the Des Moines control zone and lations is to alter the transition area transition area airspace designation Interested persons were given 45 days at Windom, Minn. must be revised to adequately protect to submit written comments, suggestions, U.S. Standard for Terminal Instru­ aircraft executing the altered approach or objections regarding the proposed ment Procedures (TERPS) became ef­ procedures. Action is taken herein to re­ amendment. fective November 18, 1967, and was is­ flect these changes. No objections have been received and sued only after extensive consideration Since these alterations will reduce the the proposed amendment is hereby and discussion with Government existing amount of designated airspace adopted without change and is set forth agencies concerned and affected indus­ in the Des Moines terminal area, it will try groups. TERPS updates the criteria impose no additional burden on any per­ This amendment shall be effective 0901 for the establishment of instrument ap­ « m.t., June 24, 1971. son. Consequently, notice and public pro­ proach procedures in order to meet the cedure hereon are unnecessary. I?60'£ 07(a) > Federal Aviation Act of 1958, safety requirements of modem day avi­ In consideration of the foregoing, Part TmW'8'0’ 1348> sec- 6(c), Department of ation and to make more efficient use of 71 of the Federal Aviation Regulations transportation Act, 49 U.S.C. 1655(c) ) the airspace possible. As a result, the is amended effective 0901 G.m.t., June 24, in Kansas City, Mo., on April 9, criteria for designation of controlled 1971, as hereinafter set forth: airspace for the protection of these pro­ (1) In § 71.171 (36 F.R. 2055), the fol­ cedures were modified to conform to D a n ie l E. B a r r o w , lowing control zone is amended to read: Acting Director, Central Region. TERPS. The new criteria requires minor alteration of the Windom, Minn., D es M o ines, Iowa JV 7U81 (35 P R - 2134)’ the follow- transition area. Action is taken herein Within a 5-mile radius of Des Moines g transition area is amended to read: to reflect this change. Municipal Airport (latitude 41°32'10" N*

No. 81- FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7844 RULES AND REGULATIONS longitude 93°39'27" W.) ; and within 1 mile pal Airport” in the text and substituting eral Aviation Administration published a each side of the Des Moines ILS localizer therefor “Cherry Capital Airport”. notice of proposed rule making which northwest course, extending from the 5-mile- (2) In §71.181 (36 F.R. 2140), thewould amend §§ 71.171 and 71.181 of radius zone to 11% miles northwest of the OM. Traverse City, Mich., transition area is Part 71 of the Federal Aviation Regula­ altered by deleting “Traverse City Mu­ tions so as to alter the control zone and (2) In § 71.181 (36 F.R. 2140), the fol­nicipal Airport” in the text and substi­ transition area at Missoula, Mont. lowing transition area is amended to tuting therefor “Cherry Capital Airport”. Interested persons were given 30 days read: (Sec. 307(a), Federal Aviation Act of 1958, to submit written comments, suggestions, D es M oines, I owa 49 U.S.C. 1348, sec. 6 (c ), Department of or objections regarding the proposed That airspace extending -upward from 700 Transportation Act, 49 U.S.C. 1655(c)) amendments. feet above the surface within a 14%-mile No objections have been received and radius of Des Moines Municipal Airport (lat­ Issued at Kansas City, Mo., on April 16, itude 41°32'10" N., longitude 93°39'27" W .); 1971. the proposed amendments are hereby that airspace extending upward from 1,200 D a n ie l E. B a r r o w , adopted without change and are set feet above the surface beginning northeast Acting Director, Central Region. forth below. of Des Moines at latitude 42°00'00" N., longi­ [FR Doc.71-5775 Filed-4-26-71;8:47 am] These amendments shall be effective tude 92°53'00" W., thence west along lati­ 0901 G.m.t., June 24, 1971. tude 42°00'00" N., to and south along longi­ (Sec. 307(a), Federal Aviation Act of 1958, tude 94°00'00" W., to and west along the [Airspace Docket No. 71-CE-31] south edge of V-172, to and south along 49 U.S.C. 1348, sec. 6 (c ), Department of longitude 94°42'00'' W., to and east along PART 71— designation o f f e d er a l Transportation Act, 49 U.S.C. 1655(c)) the north edge of V-6, to longitude 94°25'00" AIRWAYS, AREA LOW ROUTES, Issued in Kansas City, Mo., on April W., thence southwest to latitude 40°56'30" N., longitude 93°54'00" N., thence to latitude CONTROLLED AIRSPACE, AND RE­ 16,1971. 41°10'00" N., longitude 92°53'00" W., thence PORTING POINTS E dw ard C. M arsh, north to the point of beginning; and that Director, Central Region. airspace extending upward from 3,500 feet Alteration of Transition Area (1) In §71.171 (36 F.R. 2055), the MSL bounded by a line starting at the inter­ The purpose of this amendment to section of longitude 92°57'00" W., and the following control zone is amended to southwest edge of V-52, thence southeast Part 71 of the Federal Aviation Regula­ read: along V-52 to and southwest along the north tions is to alter the Madison, Ind., transi­ M issoula, M ont. edge of V—216, to and north along longitude tion area. W ithin a 5-mile radius of Johnson Bell 95°00'00” W., to and east along the south The approach procedure for the Madi­ Airport (latitude 46°54'54" N., longitude edge of V-6S to the intersection of the south son, Ind., Municipal Airport has been 114°05'14" W .); within 3 miles each side of edge of V-6S and longitude 94° 10'15" W., revised with the result that a minor ad­ the northwest localizer course extending thence southeast to latitude 40° 56'30" N., justment of the Madison transition area from the 5-mile radius to 2 miles northwest longitude 93°54'00" W., thence northeast to of the Kona OM; and within 5 miles each the point of beginning. description is necessary to protect the revised approach procedure. Action is side of the 302 s radial of the Missoula (Sec. 307(a), Federal Aviation Act of 1958, taken herein to effect this change. VORTAC extending from the VORTAO to 49 U.S.C. 1348, sec. 6 (c ), Department of Since this alteration is minor in 11 miles northwest of the VORTAC. Transportation Act, 49 U.S.C. 1655(c) ) nature, it will not impose an additional (2) In §71.181 (36 F.R. 2140), the Issued in Kansas City, Mo., on April 16, burden on any person. Consequently, following transition area is amended to 1971. notice and public procedure hereon are read: D a n ie l E. B a r r o w , unnecessary. M issoula, M o n t. Acting Director, Central Region. In consideration of the foregoing, Part That airspace extending upward from 700 [FR Doc.71-5774 Filed 4-26-71;8:46 am] 71 of the Federal Aviation Regulations feet above the surface within a 35-mile is amended effective 0901 G.m.t., June 24, radius of the Missoula VORTAC extending 1971, as hereinafter set forth: from a line 5 miles southwest of and parallel [Airspace Docket No. 71—CE-30] In § 71.181 (36 F.R. 2140) , the follow­ to the 298° radial of the VORTAC clock­ ing transition area is amended to read: wise to a line 5 miles east of and parallel to PART 71— designation o f fe d er a l the 354° radial of the VORTAC; and that air­ AIRWAYS, AREA LOW ROUTES, M adison, I n d . space extending upward from 1,200 feet above CONTROLLED AIRSPACE, AND RE­ That airspace extending upward from 700 the surface within 4% miles northeast and feet above the surface within a 5%-mile 11 miles southwest of the 302* and 122° PORTING POINTS radius of Madison Municipal Airport (lati­ radials of the Missoula VORTAC extending tude 38°45'38" N., longitude 85°27'41" W .); from 6 miles southeast of the VORTAC to Alteration of Control Zone and within 3 miles each side of the 217° bearing 26 miles northwest of the VORTAC; and Transition Area from Madison Municipal Airport, extending within 7 miles east of the Missoula 354° from 5%-mile-radius area to 8 miles south­ radial extending from the VORTAC to the The purpose of this amendment to Part west of the airport, excluding the portion south edge of V-120; and within 9% miles 71 of the Federal Aviation Regulations is which overlies Restricted Area R-3403. southwest and 4% miles northeast of 311° to alter the Traverse City, Mich., control bearing from the Kona OM extending from zone and transition area. (Sec. 307(a), Federal Aviation Act of 1958, the OM to 18% miles northwest of the OM. 49 U.S.C. 1348, sec. 6 (c ), Department of The Traverse City, Mich., Municipal Transportation Act, 49 U.S.C. 1655(c)) [FR Doc.71-5777 Filed 4-26-71;8:47 am] Airport has been renamed Cherry Capi­ tal Airport. Therefore, it is necessary to Issued in Kansas City, Mo., on April 16, alter the Traverse City control zone and 1971. [Airspace Docket No. 70-CE-122] transition area which presently refer to D a n ie l E. B a r r o w , pa r t 71— DESIGNATION OF FEDERAL the airport as Traverse City Municipal Acting Director, Central Region. Airport to reflect the airport change of AIRWAYS, AREA LOW ROUTES, name. Action is taken herein to reflect [FR Doc. 71-5776 Filed 4-26-71;8:47 am ] CONTROLLED AIRSPACE, AND RE­ this change. PORTING POINTS Since this change is minor in nature [Airspace Docket No. 71-CE-50] and imposes no additional burden on any Alteration of Transition Area designation o f fe d er a l person, notice and public procedure PART 71— On page 1911 of the F ederal R egister hereon are unnecessary. AIRWAYS, AREA LOW ROUTES, dated February 3,1971, the Federal Avia­ In consideration of the foregoing, Part CONTROLLED AIRSPACE, AND RE­ tion Administration published a notl® 71 of the Federal Aviation Regulations is PORTING POINTS if proposed rule making which wou amended effective immediately as here­ amend § 71.181 of Part 71 of the Federal inafter set forth: Alteration of Control Zone and Aviation Regulations so as to alter t (1) In §71.171 (36 F.R. 2055), the Transition Area transition area at Montevideo, Minn. 45 days Traverse City, Mich., control zone is al­ O n pages 5515 and 5516 o f the F ederal Interested persons were given tered by deleting “Traverse City Munici­ R e g ister dated March 24, 1971, the Fed­ to submit written comments, suggest > FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7845 or objections regarding the proposed County Airport (latitude 44°21'30'' N., longi­ June 24, 1971, as hereinafter set forth. amendment. tude 89°50'15" W.) ; and within 3 miles each side of the 193° bearing from Alexander (1) In § 71.171 (36 F.R. 2055) the de­ No objections have been received and Field-Southwood County Airport, extending scription of the Cordova, Alaska, control the proposed amendment is hereby from the 6% -mile-radius area to 8 miles zone is amended as follows: adopted without change and is set forth south of the airport and within 3 miles each Cordova, Alaska below. side of the 125° bearing from Alexander This amendment shall be effective 0901 Field-Southwood County Airport, extending Within a 5-mile radius of the Cordova (mile G.m.t., June 24,1971. from the 6 -mile radius to 8 miles southeast 13) airport, latitude 60“29'33" N., longitude of the airport. 145*28'36" W.; within 2 miles each side of (Sec. 307(a), Federal Aviation Act of 1958, the 233° bearing from the Cordova (CDV) 49 U.S.C. 1348, sec. 6 (c ), Department of [FR Doc.71-5779 Filed 4-26-71:8:47 am] NDB extending from the 5-mile-radius zone Transportation Act, 49 U.S.C. 1655(c)) to the intersection of the 233° bearing from the Cordova (CDV) NDB and the Hinchin­ Issued in Kansas City, Mo., on April 9, [Airspace Docket No. 71-AD-4] brook, Alaska, R R east course; within 2 miles 1971. each side of the 143° bearing from the Cor­ D a n ie l E. B a r r o w , PART 71— designation o f fe d er a l dova (CDV) NDB extending from the 5-mile- Acting Director, Central Region. AIRWAYS, AREA LOW ROUTES, radius zone to the intersection of the 143° In § 71.181 (36 F.R. 2140), the follow­ CONTROLLED AIRSPACE, AND RE­ bearing from Cordova (CDV) NDB and the Hinchinbrook RR east course; and within 2 ing transition area is amended to read: PORTING POINTS miles each side of the Cordova localizer east M ontevideo, M i n n . course extending from the 5-mile-radius zone Alteration of Control Zone and to 10 miles east of the localizer. That airspace extending upward from 700 Transition Area feet above the surface within a 5-mile radius (2) In § 71.181 (36 F.R. 2140) the de­ of Montevideo Municipal Airport (latitude The purpose of these amendments to scription of the Cordova, Alaska, transi­ 44°58'15'' N., longtude 95°42'40" W .); and Part 71 of the Federal Aviation Regula­ tion area is amended as follows: within 3 miles each side of the 313° bearing tions is to alter the Cordova, Alaska, Cordova, Alaska from the Montevideo Municipal Airport ex­ control zone and transition area. tending from the 5-mile radius to 8 miles That airspace extending upward from 700 northwest of the airport; and that airspace This alteration of the Cordova, Alaska, feet above the surface within 5 miles north­ extending upward from 1,200 feet above the Terminal Airspace Structure is necessary west and 8 miles southeast of the 233* bear­ surface within 9 y2 miles southwest and 4% to provide controlled airspace for air­ ing from the Cordova (CDV.) NDB extending miles northeast of the 313* and 133° bearings craft conducting a newly developed in­ from 8 miles southwest of the Cordova (CDV) from the Montevideo Municipal Airport ex­ strument approach procedure utilizing a NDB to 13 miles southwest of the intersection tending from 5 miles southeast of the air­ new localizer/DME navigation aid. In of the 233“ bearing from the Cordova (CDV) port to 18 y2 miles northwest of the airport; addition, conversion of the Cordova radio NDB and the east course of the Hinchin­ and within 5 miles each side of the 133° brook RR; that airspace extending upward bearing from the Montevideo Municipal Air­ range to a nondirectional radio beacon from 1,200 feet above the surface within 5 port extending from the airport to 12 miles (N D B ) necessitates cancellation of the miles northeast and 8 miles southwest of southeast of the airport. L F R -A and L F R -B approach procedures and establishment of a new NDB instru­ the 143“ bearing from the Cordova (CDV) [FR Doc.71-5778 Filed 4r-26-71; 8:47 am ] NDB extending from 13 miles southeast of ment approach procedure utilizing the the Cordova (CDV) NDB to 13 miles south­ 233° True bearing from the Cordova east of the intersection of the 143“ bearing [Airspace Docket No. 70-CE-123] NDB. from the Cordova (CDV) NDB and the east The alteration of the control zone des­ course of the Hinchinbrook RR; within 6 PART 71— DESIGNATION OF FEDERAL ignates a control zone extension 10 miles miles each side of the Cordova localizer east AIRWAYS, AREA LOW ROUTES, east to protect the localizer/DME final course extending from the localizer to 40 miles east; and within 5 miles each side CONTROLLED AIRSPACE, AND RE­ approach course. It also redescribes the of a line extending from the Johnstone Point PORTING POINTS control zone extensions to the southeast VOR to the Cordova (CDV) NDB. and southwest based upon bearings from Alteration of Transition Area the NDB in lieu of the radio range (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348, sec. 6 (c ), Department of On page 1911 of the F ederal R eg ister courses. The airport coordinates are Transportation Act, 49 U.S.C. 1655(c) ) dated February 3,1971, the Federal Avia­ changed to conform with the surveyed tion Administration published a notice airport reference point. Designation of Issued in Anchorage, Alaska, on April of proposed rule making which would the 1,200-foot transition area east and 15, 1971. amend § 71.181 of Part 71 of the Federal west of the Cordova airport is necessary J ac k G . W e b b , Aviation Regulations so as to alter the to provide protected airspace for aircraft Director, Alaskan Region. transition area at Wisconsin Rapids, Wis. conducting the localizer/DME instru­ [FR Doc.71-5780 Filed 4-26-71;8:47 am] Interested persons were given 45 days ment approach procedure beyond the to submit written comments, suggestions, limits of the control zone including the [Airspace Docket No. 71-W E-ll] or objections regarding the proposed holding pattern and transition routes. amendment. Portions of the transition area southeast PART 71— DESIGNATION OF FEDERAL No objections have been received and and southwest of Cordova are redescribed AIRWAYS, AREA LOW ROUTES, the proposed amendment is hereby based upon bearings from the Cordova CONTROLLED AIRSPACE, AND RE­ adopted without change and is set forth (CDV) ND B in lieu of the radio range below. courses. The 1,200-foot portion of the PORTING POINTS This amendment shall be effective 0901 transition area*-extending from 7 miles Alteration of Transition Area G.m.t., June 24, 1971. west to 13 east of Hinchinbrook RR is deleted. This airspace is provided for On March 11,1971, a notice of proposed Ia n' ^ ’ Fe<*eral Aviation Act of 1958, F ederal 49 U.S.C. 1348; sec. 6(c) Department of Trans­ in this rule. Revocation of the control rule making was published in the portation Act, 49 U.S.C. 1655(c)) zone extension that extends 22 miles R e g ister (36 F.R. 4708) stating that the southeast and alteration of the offshore Federal Aviation Administration was issued in Kansas City, Mo., on April 9, considering an amendment to Part 71 of « 1 , transition area southeast and southwest of Cordova will be effected by another the Federal Aviation Regulations that D a n ie l E. B a r r o w , airspace docket after coordination with would alter the description of the Director, Central Region. the Department of Defense and the De­ Lemoore, Calif., transition area. In § 71.181 (36 F.R. 2140), the fo llo w ­ partment of State. Interested persons were given 30 days ing transition area is amended to read: In consideration of the foregoing, in in which to submit written comments, W isco nsin R apids, W is. the interest of safety, notice and public suggestions, or objections. Only two com­ ments were received. One expressed no tairspace extending upward from 700 procedure hereon are unnecessary and above the surface within a 6% -mile Part 71 of the Federal Aviation Regula­ objection. The other from the California mus of the Alexander Field-Southwood tions is amended, effective 0901 G.m.t., Department of Aeronautics stated they

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7846 RULES AND REGULATIONS would have no objection provided there (36 F.R. 4044) is amended as hereinafter The only comment in response to the was no conflict with the four airports set forth. notice of proposed rule making was filed within the area. No conflict would re­ In J800R “Newton, Ind.” is deleted and by Western Airlines (Western). sult. An operating Letter of Agreement “Mellott, Ind.” is substituted therefor, Upon consideration of the comment with the four crop duster airports in and “Tuba City, N. Mex.” is deleted and filed by Western, we have determined to question has been in existence since “Tuba City, Ariz.” is substituted therefor. adopt the rule as proposed. July 1968. In the heading of the route extending Western indicates its support of the Effective date. This amendment shall from Robbinsville, N.J., VORTAC to proposed modifications of Rules 1314, be effective 0901 G.m.t., June 24,1971. Coaldale, Nev., VORTAC, “J80R2” is 1414, 1315, and 1415 of Subparts M and (Sec. 307(a), Federal Aviation Act of 1958, deleted and “J802R” is substituted there­ N, respectively. However, Western op­ as amended, 49 U.S.C. 1348(a); sec. 6 (c ), for. In J801R and J803R “Wolverine, poses the proposed amendment to Rule Department of Transportation Act, 49 U.S.C. Ohio” is deleted and “Wolverine, Mich.” 28, whereby the time for filing petitions 1655(c)) is substituted therefor. for review pursuant to that rule would Issued in Los Angeles, Calif., on (Sec. 307(a), Federal Aviation Act of 1958, be reduced by 4 days. Western, citing April 16, 1971. 49 U.S.C. 1348(a); sec. 6 (c), Department of delays in mailing, suggests that the time period be lengthened to 28 days, rather A r v in O . B a s n ig h t , Transportation Act, 49 U.S.C. 1655(c)) Director, Western Region. than shortened to 21 days. Issued in Washington, D.C., on It is our view that 21 days is an ample In § 71.181 (36 F.R. 2140) the descrip­ April 19, 1971. period of time for the filing of a petition tion of the Lemoore, Calif., transition H . B . H e ls t r o m , for discretionary review pursuant to Rule area is amended as follows: Chief, Airspace and Air 28, notwithstanding the possibility of Traffic Rules Division. Delete all before “ * * * and that air­ delays in the mail. Thus, the final rule space extending upward from 1,200 [FR Doc.71-5781 Filed 4-26-71;8:47 am] provides, as proposed in the notice, that feet * * * ” and substitute “ * * * That a petition for discretionary review pur­ airspace extending upward from 700 feet suant to Rule 28 may be filed within 21 above the surface within a 10-mile radius Chapter It— Civil Aeronautics Board days after service of the initial decision. In consideration of the foregoing, the of the NAS Lemoore TACAN, and within SUBCHAPTER B— PROCEDURAL REGULATIONS Board hereby amends Part 302 of the 5 miles each side of a 156° bearing from [Reg. PR-117, Arndt. 3] the NAS Lemoore RBN extending from Procedural Regulations (14 CFR Part the 10-mile-radius area to 13.0 miles PART 302— RULES OF PRACTICE IN 302), effective May 28, 1971,® as follows: southeast of the RBN; * * * ” therefor. ECONOMIC PROCEEDINGS 1. Amend § 302.28(a) (1) to read as follows: [F R Doc.71-5782 Filed 4-26-71;8:47 am] Certain Time Limitations and Time § 302.28 Petitions for discretionary re­ Periods view of initial decisions; review pro­ [Airspace Docket No. 70-WA-31] Adopted by the Civil Aeronautics Board ceedings. PART 75— ESTABLISHMENT OF JET at its office in Washington, D.C., on the (a) Petitions for discretionary review. ROUTES AND AREA HIGH ROUTES 22d day of April 1971. (1) Review by the Board pursuant to In a notice of proposed rule making,1 this section is not a matter of right but Designation of Area High Routes; the Board proposed to amend Part 302, of the sound discretion of the Board. Correction its Rules of Practice in Economic Pro­ Any party may file and serve a petition On March 3, 1971, F.R. Doc. 71-2822 ceedings (14 CFR Part 302), by chang­ for discretionary review by the Board of an initial decision within 21 days after was published in the F ederal R eg ister ing certain of the time limitations and service thereof. Such petition shall be ac­ (36 F.R. 4044) with an effective date of time periods prescribed in Rules 28,1314, April 29, 1971. 1315, 1414, and 1415. Specifically, we companied by proof of service on all parties. This document amended Part 75 of the proposed to amend the rules so as to Federal Aviation Regulations, in part, by provide that the time within which peti­ ***** establishing J800R, J801R, J802R, and tions for discretionary review of an ini­ 2. Amend .§ 302.1314(a) to read as J803R for service between Los Angeles, tial decision may be filed pursuant to follows: Calif./San Francisco, Calif., and New Rule 28 of Part 302 would be 21 days § 302.1314 Examiner’s initial decision. York City, N.Y. after service of the initial decision, rather Except for the following, the provi­ Subsequent to the publication of this than 25 days after service of the initial sions of § 302.27 shall be applicable: amendment, it has been determined that decision, and that the time within which (a) Unless a petition for discretionary the name of the waypoint located at lat. petitions for discretionary review of an review is filed pursuant to §§ 302.28 and 39°53'23" N., long. 87°00'54" W., should initial decision may be filed pursuant to 302.1315 or the Board issues an order be changed from “Newton, Ind.” to Rules 1315 and 1415 of Subparts M and to review upon its own initiative, the “Mellott, Ind.” because of an existing N, respectively, of Part 3022 would be 14 initial decision shall become effective as intersection also named Newton in the days after service of the initial decision, State of Pennsylvania. In addition, the rather than 10 days after service of the the fiinal order of the Board 21 days reference facility for the Cameron, Ariz., Initial decision. Additionally, we pro­ after service thereof; and waypoint was incorrectly listed as “Tuba posed to amend Rules 1314 and 1414 of * * * * * City, N. Mex.” in lieu of “Tuba City, Subparts M and N, respectively, of Part 3. Amend 1 302.1315(a) to read as Ariz.” ; and the waypoint located at lat. 302 so as to provide that unless a peti­ follows: 42°13'36" N., long. 83°58' 14" W., should tion for review is filed or the Board takes § 302.1315 Subsequent procedures. be changed from “Wolverine, Ohio” to review upon its own motion, the initial “Wolverine, Mich.” Action is taken decision would become effective as the ***** herein to reflect these changes. final order of the Board 21 days after (a) Any party may file and serve a pe­ Since this amendment is editorial in service of the initial decision, rather than tition for discretionary review by the nature with no substantive change in the 15 days after service of the initial Board of an initial decision within « regulation, notice and public procedure decision. days after service thereof; thereon are unnecessary, and good cause ***** 4. Amend § 302.1414(a) to read as exists for making this amendment effec­ *•PDR-31, Jan. 20, 1971, Docket 23029 (36 tive on less than 30 days notice. F.R. 1209, Jan. 26, 1971). follows: In consideration of the foregoing, effec­ 2 Subparts M and N pertain to expedited procedures for modifying or removing cer­ 8 The revised time periods in'these amend­ tive upon publication in the F ederal tain limitations or restrictions in local serv­ ments are applicable to initial decisions is­ R e g ister (4-27-71), F .R . Doc. 71-2822 ice for trunkline certificates, respectively. sued on and after this date.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7847

§ 302.1414 Examiner's initial decision. tains 10.0 milligrams of arsenamide (iv) Its pH in an aqueous solution Except for the following, the provisions sodium. containing 100 milligrams per milliliter (c) Sponsor. (1) Abbott Laboratories, of § 302.27 shall be applicable: is not less than 3.0 and not more than 5.5. North Chicago, 111. 60064. (a) Unless a petition for discretionary (v) Its specific rotation in an aqueous (2) Fromm Laboratories, Inc., G raf­ review is filed pursuant to §§ 302.28 and solution at 25° C. is not less than +135° ton, Wise. 53024. 302.1415 or the Board issues an order to and not more than +150°. review upon its own initiative, the initial (d) Conditions of use. (1) For the (vi) It passes the infrared identity decision shall become effective as the treatment and prevention of canine test. flpai order of the Board 21 days after heartworm disease caused by Dirofilaria (vii) Its content of lincomycin B is service thereof; and immitis. not more than 5 percent. (viii) It passes the identity test if the ***** (2) It is administered intravenously at 0.1 milliliter per pound of body weight elution pattern of the lincomycin sample 5. Amend § 302.1514(a) to read as ( 1.0 milliliter for every 10 pounds) twice compares quantitatively to that of the follows: a day for 2 days. For dogs in poor condi­ lincomycin working standard under § 302.1415 Subsequent procedures. tion, particularly those with evidence of identical conditions of vapor phase * * * * * reduced liver function, a more conserva­ chromatography. tive dosage schedule of 0.1 milliliter per (ix) It is crystalline. (a) Any party may file and serve a pound of body weight daily for 15 days (2) Labeling. It shall be labeled in petition for discretionary review by the is recommended. accordance with the requirements of Board of an initial decision within 14 (3) Restricted to use only by or on the § 148.3(b) of this chapter. days after service thereof; order of a licensed veterinarian. (3) Requests for certification; sam­ * * * * * ples. In addition to complying^ with the (Secs. 204(a), 1001, Federal Aviation Act of Effective date. This order shall be ef­ requirements of § 146.2 of this chapter, 1958, as amended, 72 Stat. 743, 788; 49 U.S.C. fective upon publication in the Federal each such request shall contain: 1324, 1481) Register (4-27-71). (i) Results of tests and assays on the By the Civil Aeronautics Board. (Sec. 512(1), 82 Stat. 347; 21 U.S.C. 360t>(i)) batch for potency, safety, moisture, pH, Dated: April 14, 1971. specific rotation, infrared absorption [ seal] H a r r y J. Z i n k , spectrum, lincomycin B content, crys­ Secretary. C. D. Van Houweling, tallinity, and identity. (PR Doc.71-5828 Filed 4-26-71;8:51 am] Director, (ii) Samples of the batch: 10 pack­ Bureau of Veterinary Medicine. ages, each containing approximately 300 [FR Doc.71-5762 Filed 4r-26-71;8:45 am] milligrams. (b) Tests and methods of assay— (1) Title 21— FOOD AND DRUGS Potency. Use either of the following PART 147— ANTIBIOTICS INTENDED methods; however, the results obtained Chapter I— Food and Drug Adminis­ from the microbiological agar diffusion tration, Department of Health, Edu­ FOR USE IN THE LABORATORY DI­ assay shall be conclusive. cation, and Welfare AGNOSIS OF DISEASE (1) Microbiological agar diffusion assay. Proceed as directed in § 141.110 of SUBCHAPTER C— DRUGS PART 148x— LINCOMYCIN this chapter, preparing the sample for PART 135b— NEW ANIMAL DRUGS assay as follows: Dissolve an accurately Lincomycin FOR IMPLANTATION OR INJECTION weighed sample in sufficient sterile dis­ tilled water to give a stock solution of A. Effective on publication in the Fed­ convenient concentration. Further dilute Arsenamide Sodium Aqueous eral Register (4-27-71), Part 148x is 0 1 Injection Veterinary republished as follows to incorporate the stock solution with . M potassium editorial and nonrestrictive technical phosphate buffer, pH 8 (solution 3), to The Commissioner of Pood and Drugs changes. This order revokes all prior the reference concentration of 2 micro­ has evaluated a new animal drug appli­ publications. grams of lincomycin per milliliter cation (39-770V) filed by Fromm Lab­ (estimated). Sec. (ii) Vapor phase chromatography oratories, Inc., proposing the safe and 148x.l Nonsterile lincomycin hydrochloride effective use of arsenamide sodium aque­ monohydrate. assay. Proceed as directed in § 141.570 of ous injection for the treatment and pre­ 1 48 x.la Sterile lincomycin hydrochloride. this chapter. vention of canine heartworm disease 148X.2 Lincomycin hydrochloride monohy­ (2) Safety. Proceed as directed in caused by Dirofilaria immitis. The ap­ drate capsules. § 141.5 of this chapter. plication is approved. 148x.3 Lincomycin hydrochloride injection. (3) Moisture. Proceed as directed in A supplemental new animal drug ap- 148x.4 [ Reserved ]. § 141.502 of this chapter. lication (6-623V) filed by Abbott Lab­ 148x.5 Lincomycin hydrochloride syrup. (4) pH. Proceed as directed in oratories and covering a similar product A u t h o r it y ; The provisions o f this Part § 141.503 of this chapter, using an aque­ with similar conditions of use was pre­ 148x issued under sec. 507, 59 Stat. 463, as ous solution containing 100 milligrams viously approved. The Commissioner amended; 21 U.S.C. 357. per milliliter. concludes that Abbott Laboratories’ § 148x.l Nonsterile lincomycin hydro­ (5) Specific rotation. Accurately sponsorship should be included in this chloride monohydrate. weigh 500 milligrams of lincomycin hy­ order. drochloride monohydrate in a 25-milli­ (a) Requirements for certification— Therefore, pursuant to provisions of liter, glass stoppered volumetric flask (1) Standards of identity, strength, qual­ the Federal Pood, Drug, and Cosmetic and fill to volume with distilled water. ity, and purity. Lincomycin hydrochlo­ Proceed as directed in § 141.520 of this 1(?ec- 512(i>> 82 Stat. 347; 21 U.S.C: ride monohydrate is the monohydrated *>60b(i)) and under authority delegated chapter, using a 2.0-decimeter polar- hydrochloride salt of lincomycin. It is the Commissioner (21 CFR 2.120), imeter tube and calculate the specific freely soluble in water and soluble in fart 135b is amended by adding the fol­ rotation on an anhydrous basis. lowing new section: acetone and dimethylformamide. It is so ( 6) Infrared absorption spectrum. purified and dried that: Proceed as directed in § 141.521 of this § 13 5b. 21 ^ Arsenamide sodium aqueous (i) Its potency is not less than 790 chapter, using the sample preparation injection veterinary. micrograms of lincomycin per milligram, method described in paragraph (b) ( 2) of (a) Chemical name. [ [ (p-Carbamoyl- milligram. that section. PAepyD arsyienel dithil diacetic acid, (ii) It passes the safety test. (7) Lincomycin B content. Proceed as sodium salt. (ill) Its moisture content is not less directed in § 141.570 of this chapter. (b) Specifications. The drug is a sterile than 3.0 percent and is not more than 6.0 (8) Identity. Proceed as described in uueous solution and each milliliter con­ percent. § 141.570 of this chapter.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7848 RULES AND REGULATIONS

(9) Crystallinity. Proceed as directed (ii) Vapor phase chromatography as­ (2) Labeling. It shall be labeled in ac­ in § 141.504(a) of this chapter. say. Proceed as directed in § 141.570 of cordance with the requirements of § 148.3 this chapter. § 148x.la Sterile lincomycin hydrochlo­ of this chapter. ride. (2) Sterility. Proceed as directed in (3) Requests for certification; sam­ § 141.2 of this chapter, using the method ples. In addition to complying with the (a) Requirements for certification— described in paragraph (e) ( 1) of that requirements of § 146.2 of this chapter, (1) Standards of identity, strength, section. each such request shall contain: quality, and purity. Lincomycin hydro­ (3) Safety. Proceed as directed in (i) Results of tests and assays on: chloride monohydrate is the mono- § 141.5 of this chapter. (a) The lincomycin hydrochloride hydrated hydrochloride salt of lincomy­ (4) Pyrogens. Proceed as directed in monohydrate used in making the batch cin. It is freely soluble in water and § 141.4(a) of this chapter, using a solu­ for potency, safety, moisture, pH, specific soluble in acetone and dimethylforma- tion containing 0.5 milligram of lin­ rotation, infrared absorption spectrum, mide. It is so purified and dried that: comycin per milliliter. lincomycin B content, crystallinity, and (1) Its potency is not less than 790 (5) Histamine. Proceed as directed in identity. micrograms of lincomycin per milligram. § 141.7 of this chapter. (b ) The batch for potency and mois­ (ii) It is sterile. ( 6) Moisture. Proceed as directed in ture. (iii) It passes the safety test. § 141.502 of this chapter. (ii) Samples required: (iv) It is nonpyrogenic. (7) pH. Proceed as directed in (a) The lincomycin hydrochloride (v) It contains no histamine nor his­ § 141.503 of this chapter, using an aque­ monohydrate used in making the batch: tamine-like substances. ous solution containing 100 milligrams 10 packages, each containing approxi­ (vi) Its moisture content is not less per milliter. mately 300 milligrams. 3.0 percent and not more than 6.0 (8) Specific rotation. Accurately weigh percent. 500 milligrams of lincomycin hydrochlo­ (b) The batch: A minimum of 30 cap­ (vii) Its pH in an aqueous solution ride monohydrate in a 25 milliliter, glass- sules. containing 100 milligrams per milliliter stoppered volumetric flask and fill to (b) Tests and methods of assay—(1) is not less than 3.0 and not more than 5.5. volume with distilled water. Proceed as Potency. Use either of the following (viiii) Its specific rotation in an aque­ directed in § 141.520, using a 2.0-decime­ methods; however, the results obtained ous solution at 25° C. is not less than ter polarimeter tube and calculate the from the microbiological agar diffusion + 135° and not more than + 150°. specific rotation on an anhydrous basis. assay shall be conclusive. (ix) It passes the infrared identity (9) Infrared absorption spectrum. (i) Microbiological agar diffusion as­ test. Proceed as directed in § 141.521 of this say. Proceed as directed in § 141.110 of (x) Its content of lincomycin B is not chapter, using the sample preparation this chapter, preparing the sample for more than 5 percent. method described in paragraph (b) (2) of assay as follows: Place a representative (xi) It passes the identity test if the that section. number of capsules in a high-speed glass elution pattern of the lincomycin sample (10) Lincomycin B content. Proceed blender with sufficient 0.1M potassium compares quantitatively to that of the as directed in § 141.570 of this chapter. phosphate buffer, pH 8 (solution 3), to lincomycin working standard under (11) Identity. Proceed as directed in give a stock solution of convenient con­ identical conditions of vapor phase § 141.570 of this chapter. centration. Blend for 3 to 5 minutes. Re­ chromatography. (12) Crystallinity. Proceed as directed move an aliquot and further dilute with (xii) It is crystalline. in § 141.504(a) of this chapter. solution 3 to the reference concentration (2) Labeling. It shall be labeled in of 2 micrograms of lincomycin per milli­ accordance with the requirements of § 148x.2 Lincomycin hydrochloride liter (estimated). $148.3 (b) of this chapter. monohydrate capsules. (ii) Vapor phase chromatography as­ (3) Requests for certification; samples. (a) Requirements for certification— say. Proceed as directed in § 141.570 of In addition to complying with the re­ (1) Standards of identity, strength, qual­ this chapter, except prepare the sample quirements of § 146.2 of this chapter, ity, and purity. Lincomycin hydrochlo­ for assay as follows: Place the contents each such request shall contain: ride monohydrate capsules are composed of 5 capsules in a 100-milliliter volumet­ (i) Results of tests and assays on the of incomycin hydrochloride monohy­ ric flask and add about 60 milliliters of batch for potency, sterility, safety, pyro­ drate and suitable diluents, enclosed in methanol. Place on a steam bath and gens, histamine, moisture, pH, specific a gelatin capsule. Each capsule contains allow to boil gently for 5 minutes. Remove rotation, infrared absorption spectrum, 250 milligrams of lincomycin or 500 from the steam bath, add more methanol, lincomycin B content, identity, and milligrams of lincomycin. The linco­ and adjust to mark after cooling to crystallinity. mycin content is satisfactory if it is ambient temperature. Dilute an aliquot (ii) Samples required: not less than 90 percent and not more equivalent to 50 milligrams of lincomycin Ca) For all tests except sterility: 10 than 120 percent of the number of to 25 milliliters with methanol. Transfer packages, each containing approximately milligrams of lincomycin that it is repre­ 2 milliliters to a centrifuge tube and 300 milligrams. sented to contain. Its moisture content is evaporate to dryness on a steam bath (b ) For sterility testing: 20 packages, not more than 7.0 percent. The lincomy­ with a stream of dry air. Dissolve the each containing approximately 300 cin hydrochloride monohydrate used con­ residue in 1 milliliter of dry pyridine. milligrams. forms to the standards prescribed by Calculate the lincomycin content of the (b) Tests and methods of assay— (1) § 148x.l(a) (1). capsules as follows: Potency. Use either of the following methods; however, the results obtained from the microbiological agar diffusion {R u ) (W s) (d) {f) assay shall be conclusive. Lincomycin content in milligrams per capsule= ------—, (Rs) ( N) (i) Microbiological agar diffusion as­ where: say. Proceed as directed in § 141.110 of Area of lincomycin sample peak this chapter, preparing the sample for R u = ------; assay as follows: Dissolve an accurately Area of internal standard weighed sample in sufficient sterile dis­ Area of lincomycin standard peak tilled water to give a stock solution of R s = ------; convenient concentration. Further dilute Area of internal standard the stock solution with 0.1M potassium Ws= Weight of lincomycin working standard in milligrams; phosphate buffer, pH 8 (solution 3), to d —Dilution factor; y the reference concentration of 2 micro­ / = Potency of lincomycin working standard in milligrams of lincomycin per milligr grams of lincomycin per milliliter (esti­ N =N u m ber of capsules used. mated).

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7849

(2) Moisture. Proceed as directed in buffer, pH 8.0 (solution 3). Remove an milliliters with methanol and shake. § 141.502 of this chapter. aliquot and dilute with solution 3 to Transfer a 3-milliliter aliquot to a 10- the reference concentration of 2.0 milliliter volumetric flask and make to § 148x.3 Lincomycin hydrochloride in­ jection. micrograms of lincomycin per milliliter mark with methanol. Place a 2-milliliter (estimated). aliquot into a 15-milliliter centrifuge (a) Requirements for certification— (ii) Vapor phase chromatography as­ tube and evaporate to dryness on a steam (1) Standards of identity, strength, say. Proceed as directed in § 141.570 of bath with a stream of dry air. Dissolve quality, and purity. Lincomycin hydro­ this chapter, except prepare the sample the residue in 1 milliliter of dry pyridine. chloride injection is an aqueous solution for assay as follows: Dilute the equiva­ Calculate the lincomycin content as of lincomycin hydrochloride monohy­ lent of 300 milligrams of lincomycin to 50 follows: drate containing benzyl alcohol as a pre­ servative. Each immediate container (jiu) (W8) (d) (f) contains either 1, 2, or 10 milliliters of a Lincomycin content in milligrams per milliliter = ------—------solution containing, in each milliliter, (Rs) (number of milliliters of sample) 300 milligrams of lincomycin, and 9 mil­ where: Area of lincomycin sample peak ligrams of benzyl alcohol. The lincomy­ R u = ------; cin content is satisfactory if it is not less Area of internal standard than 90 percent and not more than 120 Area of lincomycin standard peak percent of the number of milligrams of Rs—------; lincomycin that it is represented to con­ Area of internal standard tain. It is sterile. It passes the safety test. Ws= Weight of lincomycin working standard in milligrams; It is nonpyrogenic. It contains no his­ d =D ilution factor; tamine or histamine-like substances. Its / = Potency of lincomycin working standard in milligrams of lincomycin per milligram. pH is not less than 3.0 and not more than 5.5. The lincomycin hydrochloride (2) Sterility. Proceed as directed in (ii) Samples required: monohydrate used conforms to the § 141.2 of this chapter, using the method standards prescribed by § 148x.la(a) (1) (a) T h e lincomycin hydrochloride described in paragraph (e) ( 1) of that (i), (vi), (vii), (viii), (ix), (x), and (xi). monohydrate used in making the batch: section. (2) Labeling. It shall be labeled hi ac­ 10 packages, each containing approxi­ (3) Safety. Proceed as directed in cordance with the requirements of mately 300 milligrams. § 141.5 of this chapter. § 148.3 of this chapter. If each immediate (b) The batch: A minimum of five (4) Pyrogens. Proceed as directed in container contains only 1 milliliter of the immediate containers. § 141.4(a) of this chapter. drug, the labeling shall include the state­ (b) Tests and methods of assay— (1) (5) Histamine. Proceed as directed in ment “For pediatric use.” Potency. Use either of the following § 141.7 of this chapter. (3) Requests for certification; sam­ methods; however, the results obtained ( 6) pH. Proceed as directed in § 141.503 ples. In addition to complying with the from the method described in subdivi­ af this chapter, using the undiluted requirements of § 146.2 of this chapter, sion (i) of this subparagraph shall be solution. each such request shall contain: conclusive. (i) Results of tests and assays on: § 148x.4 [Reserved] (i) Microbiological agar diffusion as­ (a) The lincomycin hydrochloride § 148x.5 Lincomycin hydrochloride say. Proceed as directed in § 141.110 of monohydràte used in making the batch syrup. this ^chapter, preparing the sample for assay as follows: Remove an accurately for potency, moisture, pH, specific (a) Requirements for certification— measured sample of the syrup with a rotation infrared absorption spectrum, (1) Standards of identity, strength, suitable syringe. Place into a high-speed toeomydn B content, identity, and quality, and purity. Lincomycin hydro­ crystallinity. glass blender with sufficient O.lAf potas­ chloride syrup is a syrup containing lin­ (b) The batch for potency, sterility, sium phosphate buffer, pH 8 (solution comycin hydrochloride monohydrate, ^ety, pyrogens, histamine, and pH. 3), to give a total volume of 500 milli­ one or more suitable preservatives, fla­ (ii) Samples required: liters. Blend 3 to 5 minutes. Further di­ vorings, sweetening agents, colorings, (a) The lincomycin hydrochloride lute with solution 3 to the reference con­ and purified water. Each milliliter con­ monohydràte used in making the batch: centration of 2 micrograms of lincomycin tains lincomycin hydrochloride equiva­ 10 packages, each containing approxi­ per milliliter (estimated). lent to either 25 milligrams or 50 milli­ mately 300 milligrams. grams of lincomycin. Its lincomycin con­ (ii) Vapor phase chromatography as­ (b) The batch: tent is satisfactory if it is not less than say. Proceed as directed in § 141.570 of (1) For all tests except sterility: A 90 percent and not more than 120 per­ this chapter, except prepare the sample minimum of 10 immediate containers. cent of the number of milligrams of for assay by either of the following (2) For sterility testing: 20 immediate lincomycin that it is represented to con­ methods: containers, collected at regular intervals tain. The pH is not less than 3 and not (a ) Place an aliquot of syrup, contain­ throughout each filling operation. more than 5.5. The lincomycin hydro­ ing the equivalent of 250 milligrams of (b) Tests and methods of assay— (1) chloride monohydrate used conforms to lincomycin into a 50-milliliter volumetric Potency. Use either of the following the standards prescribed by § 148x.l(a) flask and add 30 milliliters of absolute methods; however, the results obtained ( 1) (i), (ii), (iv), (v), (vi), (vii), (viii), from the microbiological agar diffusion and (ix). ethanol. Place on a steam bath and boil ^say shall be conclusive. (2) Labeling. It shall be labeled in gently for 5 minutes. Remove from the (i) Microbiological agar diffusion as­ accordance with the requirements of steam bath and cool. Add ethanol to say. Proceed as directed in § 141.110 of § 148.3 of this chapter. prior volume level and let stand over­ this chapter, preparing the sample for (3) Requests for certification; samples. night. Adjust to mark, shake well, and **ssay as follows: Using a suitable hypo- In addition to complying with the re­ transfer a 5-milliliter aliquot into a 25- flermic needle and syringe, remove all quirements of § 146.2 of this chapter, of the withdrawable contents if it is rep­ each such request shall contain: milliliter volumetric flask and make to resented as a single-dose container; or (i) Results of tests and assays on: mark with methanol. Place 4 milliliters u the labeling specifies the amount of (a) T h e lincomycin hydrochloride of this solution in a 15-milliliter centri­ Potency in a given volume of the result­ monohydrate used in making the batch fuge tube and evaporate to dryness on a a i preparation, remove an accurately for potency, safety, pH, specific rotation, steam bath with a stream of dry air. measured representative portion from eatii container. Place the portion into a infrared absorption spectrum, lincomy­ Dissolve the residue in 1 milliliter of dry table volumetric flask and bring to cin B content, crystallinity, and identity. pyridine. Calculate the lincomycin con­ mark with 0.1 M potassium phosphate (b) The batch for potency and pH. tent as follows:

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7850 RULES AND REGULATIONS

(R u ) ( Ws) ( d) (/) requirements of § 146.2 of this chapter, Lincomycin content in milligrams per milliliter ------v each such request shall contain: (Rs) (M ) (i) Results of tests and assays on: where: (a ) The lincomycin hydrochloride Area of lincomycin sample peak monohydrate used in making the batch R u = —------; for potency, moisture, pH, crystallinity, Area of internal standard and specific rotation. Area of lincomycin standard peak (b) The batch for potency, sterility, moisture, and identity. Area of internal standard (ii) Samples required: (a ) The lincomycin hydrochloride Ws=W eight of lincomycin working standard in milligrams; monohydrate used in making the batch; d =Dilution factor; 10 packages, each containing approxi­ / = Potency of lincomycin working standard in milligrams of lincomycin per milligram; mately 300 milligrams. M =M illiliters of syrup used. (b) The batch: (1) For all tests except sterility: A (b) Treat the lincomycin working W arm on a hot plate for 5 minutes to minimum of 30 immediate containers. standard and sample in a similar manner, attain complete solution. Remove from (2) For sterility testing: 20 imme­ except lyophilize an aliquot of the sam­ the hot plate and add 5 milliliters of hex- diate containers, collected at regular in­ ple containing the equivalent of 50 milli­ amethyldisilazane and 2 milliliters of tri- tervals throughout each filling opera­ grams of lincomycin. To approximately methylchlorosilane. Shake mechanically tion. 50 milligrams of the standard, accurately weighed, and to the dried residue of the for 60 minutes, then centrifuge for 15 (b) Tests and methods of assay—(1) sample, add 5 milliliters of dry pyridine minutes. Inject 2 microliters of the su- Potency. Proceed as directed in § 141.110 of this chapter, preparing the sample for which contains 10 milligrams of tetra- pemate into the chromatograph. Calcu­ assay as follows: Reconstitute as di­ phenylcyclopentadienone per milliliter. late the lincomycin content as follows: rected in the labeling. Dilute an aliquot with 0.1 M potassium phosphate buffer, (Rtt)(W s) (/) pH 8.0 (solution 3), to the reference con­ Lincomycin content in milligrams per milliliter of syrup= ------—, centration of 2.0 micrograms of lin­ (Rs) (AT) where: comycin per milliliter (estimated). Area of lincomycin sample peak (2) Sterility. Proceed as directed in R u = ------; § 141.2 of this chapter, using the method Area of internal standard described in paragraph (e) ( 1) of that Area of lincomycin standard peak section. Rs=:------; (3) Moisture. Proceed as directed in Area of internal standard § 141.502 of this chapter. Ws=W eight of lincomycin working standard in milligrams; (4) Identity. In a 100-milliliter / = Potency of lincomycin working standard in milligrams of lincomycin per milligram; beaker, dissolve sufficient sample to yield M —Milliliters of syrup used. a concentration of at least 80 milligrams per milliliter, using no more than 2.0 milliliters of water. Add acetone until (2) pH. Proceed as directed in § 141.503 (2) Packaging. The immediate con­ precipitation begins and then add an of this chapter, using the undiluted tainer shall be of colorless, transparent additional 20 milliliters of acetone. sample. glass, and it shall be a tight container as Filter the solution through filter paper defined by the U.S.P. It shall be so sealed B. Also regarding lincomycin and also and wash with two 10-milliliter portions that the contents cannot be used without effective on publication (4-27-71), of acetone. Expose the residue at room destroying such seal. It shall be of ap­ § 148x.4 is redesignated § 147.19 and, temperature until it is dry enough to be propriate size to permit the addition of with editorial and technical changes, reduced to moderately fine particles. 20 milliliters of sterile broth medium reads as follows: Dry the material for 4 hours in a 60° C. when preparing a stock solution for use vacuum oven. After drying the material, § 147.19 Lincomycin hydrochloride in making serial dilutions for microbial care must be taken to avoid extended susceptibility testing. monohydrate diagnostic sensitivity exposure jto the atmosphere. The in­ (3) Labeling. In addition to the re­ powder. frared spectrum of a mineral oil dis­ quirements of § 148.3(a) (3) of this (a) Requirements for certification— persion of the residue thus obtained ex­ chapter, each package shall bear on its (1) Standards of identity, strength, qual­ hibits maxima at the same wavelengths label or labeling, as hereinafter indi­ as that of the lincomycin working stand­ ity, and purity. Lincomycin hydrochlo­ cated, the following: ard, similarly treated. ride monohydrate diagnostic sensitivity (i) On its outside wrapper or con­ powder is lincomycin hydrochloride mon­ tainer and on the immediate container: (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. ohydrate powder packaged in vials and (a) The statements “Not for thera­ 357) intended for use in clinical laboratories peutic use” and “For laboratory diag­ Dated: April 12,1971. for determining in vitro the sensitivity of nosis only.” H. E. S im m ons, micro-organisms to lincomycin. Each vial (b) The statement “Sterile.” contains 20 milligrams of lincomycin. Its Director, Bureau of Drugs. (c) The batch mark. potency is satisfactory if it is not less [PR Doc.71-5814 Piled 4r-26-71;8:50 am] than 90 percent and not more than 120 id) The number of milligrams of lin­ percent of the number of milligrams of comycin in each immediate container. (e) The statements “Store in a refrig­ lincomycin that it is represented to con­ PART 148g— GRISEOFULVIN tain. It is sterile. Its moisture content is erator” and “Reconstituted solutions not more than 7 percent. It gives a should be refrigerated.” Griseofulvin Tablets positive identity test for lincomycin hy­ (ii) On the circular or other labeling drochloride monohydrate. The lincomy­ within or attached to the package, ade­ Correction cin hydrochloride monohydrate used quate information for use of the drug in In F.R. Doc. 71-5309 appearing at page conforms to the standards prescribed by the clinical laboratory. 7309 in the issue for Saturday, April 17. § 148x.l(a) (1) (i), (iii), (iv), (v), and (4) Requests for certification; sam­ 1971, in the third line from the bottom (ix) of this chapter. ples. In addition to complying with the of § 148g.2(b) (1) ( i ) , preceding the equa-

FEDERAL REGISTER, VOL. 36, NO. 81-—TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7851 tion, the phrase “292±nanometers” indicating that he was considering im­ personnel is training in the techniques should read “292±2 nanometers.” plementation of section 26 of the Federal- and criteria of inspection of bridges. Aid Highway Act of 1968, 23 U.S.C. 116 Hence, the Administrator has provided PART 148k— NYSTATIN (d) by adopting National Bridge Inspec­ that supervisors who do not possess the tion Standards (35 F.R. 14864). The pro­ qualifications for registration as profes­ Miscellaneous Amendments posed standards set forth in that notice sional engineers must complete a Correction were based generally upon the contents comprehensive training course based of the “Manual for Maintenance Inspec­ upon the “Bridge Inspector’s Training InP.R. Doc. 71-5212 appearing at page tion of Bridges 1970” published by the Manual.” 7233 in the issue for Friday, April 16, American Association of State Highway Many bridge owners who commented 1971, the last three lines of § 148k.6(a) Officials. Interested persons were invited on the inventory provisions of the pro­ (1) should read as follows: “not more to submit comments on the proposed posed standards argued that they would than 5.5. Its moisture content is not more standards. In response to that invitation, require collection of data that were not than 7.0 percent. The nystatin used con­ 145 comments were filed. Submissions readily available and would therefore forms to the standards prescribed by were received from over half the State require an expenditure of time and ef­ § 148k.l (a )(1 ).” highway departments. Subdivisions of fort out of proportion to their value as the States, private organizations, and part of the bridge inspection program. Chapter II— Bureau of Narcotics and government officials also made their In informal discussions with various Dangerous Drugs, Department of views known. owners, it was learned that much of the Justice The comments, together with other information needed to complete the in­ available data, have been carefully con­ ventory form was already at hand, us­ PART 320— DEPRESSANT AND STIM­ sidered. In general, they indicated that ually in the element of their organiza­ ULANT DRUGS; DEFINITIONS, PRO­ the majority of the Nation’s bridge tions responsible for planning. There was CEDURAL AND INTERPRETATIVE owners will be able satisfactorily to com­ a consensus that implementation of the REGULATIONS ply with the standards as they were inventorying requirement should be put proposed. off until July 1, 1973. However, the en­ Chlordiazepoxide and Its Salts and After studying the available informa­ actment of section 204 of the Federal Diazepam; Judicial Stay of Order tion, the Administrator has decided to Aid Highway Act of 1970 (84 Stat. 1713) To Control issue the standards substantially as they introduced a note of urgency with re­ appeared in the notice. A few changes spect to the matter of completing inven­ In the matter of listing chlordiazepox­ have been made, principally for the pur­ tories of certain bridges. Section 204 au­ ide and its salts and: diazepam as drugs pose of eliminating ambiguous or thorizes a new special bridge replace­ subject to control under the Drug Abuse unclear provisions and in order to ment program, partially funded with Control Amendments of 1965: strengthen the standards in areas where Federal-aid highway funds. As a first The Director of the Bureau of Nar­ more stringent requirements appeared step in the program, the statute re­ cotics and Dangerous Drugs published in necessary. quires the Secretary, in consultation with the Federal R egister of February 6,1971 Several comments pointed out that the the States, to inventory all bridges on (36 F.R. 2555), an order ending the stay opening paragraph of the proposal, which any of the Féderal-aid highway systems of the effectiveness of the order of contained a definition of the bridges sub­ over waterways and other topographical March 19, 1966 (31 F.R. 4679), listing ject to the standards, was somewhat barriers. In order to bring the new pro­ chlordiazepoxide and its salts and di­ lacking in specificity. The language (now gram into operation as pomptly as pos­ azepam in § 166.3(c) (D (redesignated § 25.1) has been revised to eliminate any sible, the Administrator has adhered to § 320.3(c) ( 1) ) as drugs subject to control doubt about whether a particular struc­ the July 1, 1972, deadline for inventory­ under the Drug Abuse Control Amend­ ture is included among the bridges to ing bridges specified in that statute. The ments of 1965. The stay of the order of which the standards are applicable. The inventory of all other bridges must be March 19, 1966, was announced in a last sentence of the third paragraph in completed by July 1, 1973. notice appearing in the F ederal R eg ister the inspection procedures section (now In consideration of the foregoing, a of May 17, 1966 (31 F.R. 7174). § 25.3(c) ) has also been reworded in an new Part 25 is added to Title 23, CFR, Petitioner, Hoffmann-La Roche Inc. of effort to clarify its intent. The section incorporating the National Bridge In ­ Nutley, N.J., was granted a stay of the dealing with frequency of inspections spection Standards and reading as set Director’s order of February 6, 1971, by (§25.4) has been changed to make it forth below. order of the U.S. Court of Appeals for clear that, while each bridge must be The National Bridge Inspection Stand­ the Third Circuit on April 20, 1971. inspected at least every 2 years, the depth ards are effective 30 days after the date Therefore, it is ordered, That the D i­ of each inspection and the frequency of upon which they are published in the rector’s order published in the F ederal inspections within that time span are F ederal R e g ist e r . Register of February 6, 1971, listing matters which must be resolved by the The National Bridge Inspection Stand­ chlordiazepoxide and its salts and di­ person in charge of the inspection ards are issued under the authority of azepam as drugs subject to control is program. section 26 of the Federal-Aid Highway stayed until further notice. The provisions of section 3 of the pro­ Act of 1968, 23 U.S.C. 116(d) and the This order shall become effective upon posed standards, dealing with qualifica­ delegation of authority by the Secre­ publication in the F ederal R egister tions of personnel, proved to be quite tary of Transportation in 49 CFR 1.48 (4-27-71). (b ). controversial. The Administrator was Dated: April 22,1971. asked to reduce the level of qualifications Issued on April 20,1971. to be required. He has declined to do so J o h n E. I n g e r s o ll , F. C. T u r n e r , and has, in fact, made two changes with Director, Bureau of Federal Highway Administrator. Narcotics and Dangerous Drugs. the objective of increasing the level of competence which both field inspection Sec. [PR Doc.71-5820 Piled 4-26-71;8:50 am] supervisors and their direct superiors 25.1 Application of standards. 25.3 Inspection procedures. must possess. Both experience and com- 25.5 Frequency of inspections. monsense teach that the professional 25.7 Qualifications of personnel. Title 23— HIGHWAYS qualifications of the individuals in charge 25.9 Inspection report. Chapter |— Federal Highway Admin­ of performing inspections is a sine qua 25.11 Inventory. non of a sound program. All of the pains­ istration, Department of Transporta­ Au t h o r it y : The provisions of this Part tion taking effort that has gone into develop­ 25 issued under sec. 26, Federal-Aid Highway ment of the inspection procedures and Act of 1968, 23 U.S.C. 116(d); delegation of PART 25— NATIONAL BRIDGE the reporting and recordkeeping require­ authority in 49 CFR 1.48(b). ments is worthless if the people in charge INSPECTION STANDARDS § 25.1 Application o f standards. of performing the inspections are not H0n September 14, 1970, the Federal fully qualified to do so. A primary ele­ The National Bridge Inspection Stand­ Shway Administrator issued a notice, ment of the qualifications of supervisory ards in this part apply to all structures

. T FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 No. 81____ 4 7852 RULES AND REGULATIONS

defined as bridges located on any of the tors will be the responsibility of the in­ porting procedures will be developed by Federal-aid highway systems. In accord­ dividual in charge of the inspection the Federal Highway Administration in ance with Federal-Aid Coding Manual program. consultation with the State highway Standards and the AASHO (American § 25.7 Qualifications of personnel. departments.. Association of State Highway Officials) (c) The inventory shall be completed Highway Definitions Manual, a “bridge” (a) The individual in charge of the for all bridges on any Federal-aid high­ is defined as a structure including sup­ organizational unit that has been dele­ way system over waterways and other ports erected over a depression or an ob­ gated the responsibilities for bridge in­ topographical barriers as required by sec­ struction, as water, highway, or railway spection, reporting, and inventory shall tion 204(a) of the Federal-Aid Highway and having a track or passageway for possess the following minimum qualifi­ Act of 1970 (23 U.S.C. 144) no later than carrying traffic or other , moving loads, cations: July 1,1972. All other bridges on the Fed­ and having an opening measured along (1) Be a registered professional engi­ eral-aid system, such as grade separa^ the center of the roadway of more than neer; or tions and railroad crossings, must be 20 feet between undercopings of abut­ (2) Be qualified for registration as a completely inventoried by July 1, 1973. ments or spring lines of arches, or ex­ professional engineer under the laws of Newly completed structures or any modi­ treme ends of openings for multiple the State; or fication of existing structures which boxes; it may include multiple pipes, (3) Have a minimum of 10 years’ ex­ would alter previously-recorded data on where the clear distance between open­ perience in bridge inspection assignments the inventory forms shall be entered in ings is less than half of the smaller con­ in a responsible capacity and have com­ the State’s records within 90 days. tiguous opening. pleted a comprehensive training course based on the “Bridge Inspector’s Train­ N o t e : Incorporation by reference ap­ § 25.3 Inspection procedures. ing Manual,” which has been developed proved by the Director of the Federal (a) Each highway department shall by a joint Federal-State task force and Register on April 26,1971. include a bridge inspection organization is published by the Department of [FR Doc.71-5803 Filed 4-26-71;8:49 am] capable of performing inspections and Transportation.2 preparing reports and determination of (b) An individual in charge of a bridge ratings in accordance with the provisions inspection team shall possess the follow­ of the AASHO M anual1 and the stand­ ing minimum qualifications: Title 24— HOUSING AND ards contained herein. (1) Have the qualifications specified in (b) Bridge inspectors shall meet the paragraph (a) of this section; or HOUSING CREDIT minimum qualifications stated in § 25.7. (2) Have a minimum of 5 years’ ex­ (c) Each structure required to be in­ perience in bridge inspection assignments Chapter VII— Federal Insurance Ad­ spected under the Standards shall be in a responsible capacity and have com­ ministration, Department of Hous­ rated as to its safe load carrying capacity pleted a comprehensive training course ing and Urban Development in accordance with section 4 of the based on the “Bridge Inspector’s Train­ AASHO Manual, If it is determined un­ ing Manual,” which has been developed SUBCHAPTER B— NATIONAL FLOOD der this rating procedure that the maxi­ by a joint Federal-State task force and INSURANCE PROGRAM mum legal load lender State law exceeds is published by the Department of PART 1909— GENERAL PROVISIONS the load permitted under the Operating Transportation. PART 1912— SALE OF INSURANCE Rating Stress Level, the bridge must be § 25.9 Inspection report. posted in conformity with the AASHO AND ADJUSTMENT OF CLAIMS Manual or in accordance with State law. The findings and results of bridge in­ (d) Inspection records and bridge in­ spections shall be recorded on standard PART 1914— AREAS ELIGIBLE FOR ventories shall be prepared and main­ forms: The data required to complete THE SALE OF INSURANCE tained in accordance with the Standards. the forms and tide functions which must be performed to compile the data are Miscellaneous Amendments § 25.5 Frequency o f inspections. contained in section 3 of the AASHO Subchapter B of Chapter v n of Title (a) Each bridge is to be inspected at Manual. 24" of the Code of Federal Regulations is regular intervals not to exceed 2 years § 25.11 Inventory. amended by revising §§ 1909.1,1912.2(g), in accordance with section 2.3 of the and 1914.3(c) ( 1) and ( 2), as follows: AASHO Manual, . (a) Each State shall prepare and The address of the National Flood In­ (b) The depth and frequency to which maintain an inventory of all bridge surers Association, listed in §§ 1909.1 bridges are to be inspected will depend structures subject to the Standards. If (definition of “National Flood Insurers on such factors as age, traffic character­ a State wishes to expand the inventory Association”), 1912.2(g), and 1914.3(c) istics, state of maintenance, and known to include structures not subject to the (2) is revised to read: 160 Water Street, deficiencies. The evaluation of these fac- Standards, the bridges which are sub­ New York, N Y 10038. ject to the Standards shall be separately Section 1914.3(c) (1) is revised to-read: 1 The “AASHO Manual” referred to in this identifiable in the records. (1) The Federal Insurance Adminis­ part is the “Manual for Maintenance Inspec­ (b) Under the Standards certain tration, Department of Housing and tion of Bridges 1970” published by the Amer­ structure inventory and appraisal data Urban Development, Room 8146, 451 ican Association of State Highway Officials. must be collected and retained within the Seventh Street SW., Washington, DC A copy of the Manual may be examined dur­ various departments of the State organi­ 20410. ing normal business hours at the office of zation for collection by the Federal High­ (National Flood Insurance. Act of 1968 (title each Division Engineer of the Federal High­ way Administration as needed. A tabula­ way Administration, at the office of each X III of the Housing and Urban Development Regional Federal Highway Administrator, tion of these required data is contained Act of 1968), effective Jan. 28, 1969 (33 FJt- and at the Washington headquarters of the in the structure inventory and appraisal 17804, Nov. 28, 1968), as amended (secs. 408- Federal Highway Administration. The ad­ sheet distributed by the Federal High­ 410, Public Law 91-152, Dec. 24, 1969), 42 dresses of those document inspection facili­ way Administration along with its Cod­ U.S.C. 4001-4127; and Secretary’s delegation ties are set forth in Appendix D to Part 7 ing Guide in April of 1971. Annual re- of authority to Federal Insurance Adminis­ . of the regulations of the Office of the Secre­ trator, 34 F.R. 2680, Feb. 27, 1969) tary (49 CFR Part 7). In additionna copy of the Manual may be secured upon payment in 2 The “Bridge Inspector’s Training Manual” Effective date: April 27,1971. advance of a fee of $0.75 by writing to the may be purchased (at a cost of $2.50) from G eorge K. B ernstein, American Association of State Highway Of­ the Superintendent of Documents, U.S. Federal Insurance Administrator. ficials, 341 National Press Building, Wash­ Government Printing Office, Washington, ington, DC 20004. DC 20402. [F R Doc.71-5809 Filed 4-26-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7853

PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of designated areas. * ♦ * ♦ * * *

Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood insurance for area ••• **• * * * **• ••• Arizona...... Santa Cruz...... Unincorporated ...... , ...... Apr. 23,1971. areas. California...... Tehama...... do— ...... — ...... Do. Kansas...... Johnson_____ ...... Fairway...... I 20 091 1770 03... Division of Water Resources, State Fairway City Hall, 5244 Norwood Do. Board of Agriculture, Topeka, R d., Shawnee Mission, KS 66206. Kans. 66612. Kansas Insurance Department, 1st Floor, Statehouse, Topeka, K S 66612. Louisiana...... St. Tammany Unincorporated I 22 103 0000 13 State Department of Public Works, Department of Planning and Engineer- Do. Parish. areas. through Post Office Box 44155, Capitol ing, Suite M3,'Courthouse, Coving- I 22 103 0000 2$ Station, Baton Rouge, L A 70804. ton, L A 70433. Louisiana Insurance . Department, Box 44214, Capitol Station, Baton Rouge, L A 70804. Missouri______C o le ..____ ...... Jefferson City...... Do. Nebraska______Lancaster...______Lincoln______I 31 109 2830 07 Nebraska Soil and Water Conserva- Salt Valley Watershed District, Do. through tion Commission, State Capitol Federal Securities Bldg., Lincoln, I 31 109 2830 15 Bldg., Lincoln, N E 68509. N E 68509. Nebraska Insurance Department, 1324 State Capitol Bldg., Lincoln, N E 68509. New Jersey------Hunterdon...... Stockton Borough...... Do. South Carolina.. Charleston...... Unincorporated I 49 019 0000 02 SouthJCarolina Water Resources Plan­ Office of the Planning Director, Do. areas. through ning and Coordinating Committee, Charleston County Planning Board, I 45 019 0000 88 1411 Barnwell St., Columbia, SC 2 Courthouse Square, Charleston, 29201. SC 29401. South Carolina Insurance Depart­ ment, Federal Land Bank Bldg., 1401 Hampton St., Columbia, SC 29201. Texas...... Harris...... Seabrook...... I 48 201 6247 05 Texas Water Development Board, Seabrook City Hall, 1700 1st St.; Do. through 301 West Second St., Austin, T X Seabrook, T X 77586. I 48 201 6247 08 78711. Texas State Board of Insurance, 1110 San Jacinto St., Austin, T X 78701. Do...... Matagorda...... Bay C ity...... I 48 321 0470 05 ...... do...... City Hall, 1910 6th St., Bay City, T X Do. through 77414. I 48 321 0470 08 Virginia...... Virginia Beach...;. Virginia Beach_____I 61 810 2640 30 Division of Water Resources, Depart- Office of the City Clerk, City Hall, Do. through of Conservation and Economic D e­ Virginia Beach, V A 23456. I 61 810 2540 58 velopment, 911 East Broad St., Richmond, V A 23219. Virginia Insurance Department, 700 Blanton Bldg., Post Office Box 1157, Richmond, V A 23209. Wisconsin...... Outagamie...... Appleton____ Do. Do...... Grant______Cassville____ Do. Do...... St. Croix...... Hudson_____ Do. Do— '------Jefferson______Jefferson_____ Do. Do...... Crawford.______Lyhxville___ Do. Do— ------Pepin______Pepin______Do. Do— ...... do______Stockholm.. Do. Do------... Sheboygan...... Sheboygan.. Do. Do------Vernon______Stoddard___ Do.

(National Flood Insurance Act of 1968 (title X III of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: April 24, 1971.

G eorge K . B e r n s t e in , Federal Insurance Administrator. [FR Doc.71-5756 Filed 4r-26-71;8:45 am ]

FEDERAL REGI$TER,VOL, 36, NO. 81— TUESDAY, APRIL 27, 1971 7854 RULES AND REGULATIONS

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

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

* * * * * * * * * * * * Arizona...... Santa Cruz...... Unincorporated ...... Apr. 24,1971. areas. California...... Tehama______—do______...... t ! Do. Kansas______Johnson...... F airw ay ...... H 20 091 177003.. Division of Water Resources, State Fairway City Hall, 5244 Norwood June 19, 1970. Board of Agriculture, Topeka, Road, Shawnee Mission, K S 66205. Kans. 66612. Kansas Insurance Department, 1st Floor, Statehouse, Topeka, K S 66612. Louisiana...... St. Tammany Unincorporated H 22 103 0000 13 State Department of Public Works, Department of Planning and Engl- Dec. 31,1970. Parish. areas. through Post Office Box 44155, Capitol Sta­ neering, Suite M3, Courthouse, l l 22 103 0000 28 tion, Baton Rouge, L A 70804. Covington, L A 70433. Louisiana Insurance Department, Box 44214, Capitol Station, Baton Rouge, L A 70804. Missouri...____ ... Cole...... Jefferson City.______.-____ ...... Apr. 24,1971. Nebraska______Lancaster...______Lincoln...... H 31 109 2830 07 Nebraska Soil and Water Conserva­ Salt Valley Watershed District, Fed- Apr. 17,1970. through tion Commission, State Capitol eral Securities Bldg., Lincoln, N E H 31 109 2830 15 Bldg., Lincoln, N E 68509. 68509. Nebraska Insurance Department, 1324 State Capitol Bldg., Lincoln, N E 68509. N ew Jersey_____ Hunterdon...... Stockton Borough______...... Apr. 24,1971: South Carolina.. Charleston...... Unincorporated H 45 019 0000 02 South Carolina Water Resources Office of the Planning Director, June 27,1970. areas. through Planning and Coordinating Com­ Charleston County Planning Board, H 45 019 0000 88 mittee, 1411 Barnwell St., Columbia, 2 Courthouse Square, Charleston, SC SC 29201. 29401. South Carolina Insurance Depart­ ment, Federal Land Bank Bldg., 1401 Hampton St., Columbia, SC 29201. Texas______Harris. Seabrook. H 48 201 6247 05 Texas Water Development Board, 301 Seabrook City Hall, 1700 1st St., May 26,1970. through West 2nd St., Austin, T X 78711. Seabrook, T X 77586. H 48 201 6247 08 Texas State Board of Insurance, 1110 San Jacinto St., Austin, T X 78701. D o ...... Matagorda ____ Bay City...... H 48 321 0470 05 ____ do...... City...... Hall, 1910 5th St., Bay City, T X Aug. 11, 1970. through 77414, H 48 321 0470 08 Virginia...... Virginia Beach____ Virginia Beach.... H 51 810 2540 30 Division of Water Resources, Depart- Office of the City Clerk, City Hall, Sept. 8,1970. through ment of Conservation and Economic Virginia Beach, Va 23456. H 51 810 2540 58 Development, 911 East Broad St., Richmond, V A 23219. Virginia Insurance Department, 700 Blanton Bldg., Post Office Box 1157, Richmond, V A 23209. .. Wisconsin...____Outagamie...... Appleton___ ’ ...... , Apr. 24,1971. D o______Grant...... Cassvüle... ' ■ . I . ' ...... Do. D o ...1. ______St. Croix______Hudson_____ Do. D o ______; Jefferson_____. . . . . Jefferson___ Do. D o ______Crawford______Lynxville.. Do. D o ______. . . Pepin...... Pepin______Do. D o ...... do...... Stockholm. Do. D o.,1 ...... Sheboygan...... Sheboygan. Do. D o ______. . . Vernon______Stoddard.. Do.

(National Flood Insurance Act oi 1968 (title X III of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R- 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: April 24, 1971. G e o r g e K . B e r n s t e i n , Federal Insurance Administrator. [FR Doc.71-5757 Filed 4-26-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 31— TUESDAY, APRIL 27, 1971 RULES AND REGULATIONS 7855

a requirement that the procedure for Title 33— NAVIGATION AND giving advance notice be posted. Title 49— TRANSPORTATION Accordingly, Part 117 is amended by Chapter V— National Highway Traffic NAVIGABLE WATERS adding § 117.431b to read as follows: Safety Administration, Department Chapter I— Coast Guard, Department § 117.431b Doctor’s Inlet, Fla., Florida of Transportation of Transportation State Highway Department bridge on State Road 15 (U.S. 17). PART 567— CERTIFICATION SUBCHAPTER J— BRIDGES (a) From 6 a.m. to 10 p.m. the draw PART 568— VEHICLES MANUFAC­ [CGFR 70-97a] shall open on signal. From 10 p.m. to TURED IN TWO OR MORE STAGES 6 PART 117— DRAWBRIDGE a.m. the draw shall open on signal if PART 571— FEDERAL MOTOR OPERATION REGULATIONS 4 hours’ advance notice has been given. VEHICLE SAFETY STANDARDS (b) The owner or agency controlling Doctor’s Inlet, Fla. this bridge shall post a notice containing Miscellaneous Amendments; This amendment revises the regula­ a copy of this section and the procedures Correction tions for the Florida State Highway De­ for giving notice to open the draw on the In F.R. Doc. 71-5182 appearing at page partment State Road 15 (U.S. 17) across upstream and downstream sides of the 7054 in the issue for Wednesday, April Doctor’s Inlet, Fla., to require that the bridge or elsewhere in such a manner 14, 1971, the third line of the amend­ draw open on signal from 6 a.m. to 10 that it can be read from an approaching ments to Part 571, that now reads “4. p.m. and on 4 hours’ advance notice from vessel. Sections 571.5(b) and 571.13, and” is 10 p.m. to 6 a.m. The present regulations corrected to read “4. Sections 571.7(b) require that the draw open promptly on (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) and 571.13, and.” signal for the passage of vessels. This (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. Also, the effective date of the main change is made because of the infrequent 1655(g)(2); 49 CFR 1.46(c)(5) (35 F.R. portion of the amendments, at the end requests for openings from 10 p.m. to 4959), 33 CFR 1.05-l(c) (4) (35 F.R. 15922)) of the preamble text in the second 6 a.m. column of page 7056, was erroneously This amendment was circulated as a Effective date. This revision shall stated as “October 1, 1972,” and is cor­ public notice dated September 15, 1970, become effective on May 17, 1971. rected to read “January 1, 1972.” by the Commander, Seventh Coast Guard Dated: April 12, 1971. (Secs. 103 and 119, National Traffic and Motor District, and was published in the Vehicle Safety Act, 15 U.S.C. 1392, 1407; dele­ Federal Register as a notice of proposed R . E. H a m m o n d , gation of authority at 49 CFR 1.51) rule making (CGFR 70-97) on Septem­ Rear Admiral, U.S. Coast Guard, D o u g la s W . T o m s , ber 12, 1970 (35 F.R. 14407). No com­ Chief, Office of Operations. ments were received. This amendment Acting Administrator. differs from the proposal in that it adds [F R Doc.71-5788 Filed 4-26-71;8:48 am] [FR Doc.71-5886 Filed 4-26-71;8:52 am]

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 785« Proposed Rule Making

same employment or training. The Serv­ return to the United States to resume DEPARTMENT OF JUSTICE ice may also issue an original Form the same employment within the period Immigration and Naturalization I-171C, upon request, to individual bene­ for which the visa petition is valid. The Service ficiaries who have received an extension Service may also issue an original Form of temporary stay through approval of I-171C, upon request to a beneficiary [ 8 CFR Parts 214, 299 1 an application for extension on Form alien defined in section 101 (a) (15) (L) of I-129B or Form 1-539, if such individual the Act who has received an extension NONIMMIGRANTS intends to depart from and return to the of his temporary stay and intends to de­ Notice of Proposed Rule Making United States within the period for which part from and return to the United his temporary stay has been authorized States within the period for which his Pursuant to section 553 of title 5 of the to resume the same employment or train­ temporary stay has been authorized to United States Code (80 Stat. 383), notice ing. A beneficiary who is required to pre­ resume the same employment. A benefi­ is hereby given of the proposed issuance sent a visa for admission and whose visa ciary who is required to present a visa of the following rules pertaining to tem­ will have expired before the date of his for admission and whose visa will have porary employees and intracompany intended return may use Form I-171C, expired before the date of his intended transferees. In accordance with section as stated in the information on the form, return may use Form 1-171C, as stated 553, interested persons may submit to to apply for a new or revalidated visa. If in the information-on that form, to apply the Commissioner of Immigration and the beneficiary is exempt from the visa for a new or revalidated visa. If the bene­ Naturalization, Room 757, 119 D Street requirement, he may present the orig­ ficiary is exempt from the visa require­ NE., Washington, DC 20536, written inal Form I-171C at the U.S. port of ment, he may present the original Form data, views, or arguments, in duplicate, entry upon his return, for consideration I-171C at the U.S. port of entry upon his relative to the proposed rules. Such rep­ as to whether he may be readmitted until return, for consideration as to whether resentations may not be presented orally the date of expiration of the validity of he may be readmitted until the date of in any manner. All relevant material re­ the visa petition or authorized extension expiration of the validity of the visa pe­ ceived within 20 days following the date of temporary stay as shown in the Form tition or authorized extension of tempo­ of publication of this notice will be I-171C. If a beneficiary will be returning rary stay as shown in the Form I-171C. considered. to resume the same employment or train­ If a beneficiary will be returning to re­ PART 214— NONIMMIGRANT ing after the validity of the visa petition sume the same employment after expira­ has expired and he is not in possession tion of his authorized stay as shown in CLASSES of an original Form 1-171C showing ex­ that form, a new visa petition must first 1. The first two sentences of sub- tension of his temporary stay or, if in be filed by the petitioner and approved paragraph (3) of paragraph (h) Tem­ possession of such form, he will be re­ by the Service. porary employees of § 214.2 Special turning to the United States after ex­ requirements for admission, extension, piration of his authorized stay as shown PART 299— IMMIGRATION FORMS and maintenance of status are amended therein, a new visa petition must first be The list of forms in § 299.1 Prescribed to read as follows: filed by the petitioner and approved by the Service. forms is amended by adding the follow­ (3), Admission, employment, and ex­ ing form and reference thereto in alpha­ 3. The existing first sentence of sub- tension. A beneficiary may apply for ad­ betical and numerical sequence: mission to the United States only dur­ paragraph (3) Admission, employment, ing the period of validity of the petition, a/hd extension of paragraph (1) Intra­ Form company transferees of § 214.2. Special No. Title and description or during the period of any extension of 1-171C Notice of Approval of Nonimmigrant his temporary stay authorized on Form requirements for admission, extension, Visa Petition or of Extension of 1-171C. The authorized period of the and maintenance of status is deleted and Stay of H or L Alien. beneficiary’s admission shall be governed the following two sentences are substi­ by the period of established need for tuted in lieu thereof to read as follows: (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) his temporary services or training, but “A beneficiary may apply for admission Dated: April 21,1971. shall not exceed the date of validity of to the United States only during the period of validity of the petition, or dur­ R a y m o n d F . F arrell, the petition or the date until which his Commissioner of temporary stay had been previously au­ ing the period of any extension of his Immigration and Naturalization. thorized by the Service. * * * temporary stay authorized on Form 2. Paragraph (h) Temporary em­ I-171C. The authorized period of the [FR Doc.71-5796 Filed 4-26-71;8:48 am] ployees of § 214.2 Special requirements beneficiary’s admission shall not exceed for admission, extension, and mainte­ the date of validity of the petition or the nance of status is amended by adding a date until which his temporary stay had new subparagraph (3a) to read as been previously authorized by the Serv­ DEPARTMENT OF THE INTERIOR ice.” follows: National Park Service (3a) Use of Form 1-171C. The Service 4. Paragraph (1) Intracompany trans­ shall notify the petitioner on Form ferees of § 214.2 Special requirements [ 36 CFR Part 7 ] for admission, extension, and mainte­ I-171C whenever a visa petition or appli­ YELLOWSTONE NATIONAL PARK, cation for extension of temporary stay nance of status is amended by adding filed on Form I-129B is approved. The the following new subparagraph (4) to WYO. read as follows: petitioner, who may not for this purpose Special Regulations duplicate the original Form I-171C re­ (4) Use of Form 1-171C. The Service ceived from the Service, may furnish shall notify the petitioner on Form Notice is hereby given that pursuant that form to any one of the beneficiaries I-171C upon approval of a visa petition to the authority contained in section who desires to depart from and return filed on form I-129B. The petitioner, who of the Act of August 25,1916 (39 Stat. 535. to the United States within the period for may not for this purpose duplicate the as amended, 16 U.S.C. 3), and the Act which the visa petition is valid or for original Form 1-171C received from the May 7, 1894 (23 Stat. 73, as amended, i& which his temporary stay in the United Service, may furnish that form to a bene­ U.S.C. 26), 245 DM1 (27 F.R. 6375), and States has been authorized to resume the ficiary who desires to depart from and Motional Porlr Rprviofi Order NO. 21 W*

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 PROPOSED RULE MAKING 7857

F.R. 7903) as amended, it is proposed to pounds or less except when otherwise ' (i) Prior to July 1 of each year, the revise § 7.13 of Title 36 of the Code of posted at a lesser speed limit. landing of any vessel on the shore of Federal Regulations. (2) The speed limit on U.S. Highway Yellowstone Lake between Trail Creek The purpose of this revision is to,re­ 191 in the park is 60 miles per hour. and Beaverdam Creek is prohibited, ex­ print in its entirety § 7.13, Title 36, Code (3) Employee motor vehicle permits: cept upon written permission of the of Federal Regulations, to include minor (i) A motor vehicle owned and/or op­ Superintendent. word and format changes for clarifica­ erated by an employee of the U.S. (ii) The landing or beaching of any tion and consistency; to eliminate certain Government, park concessioners and vessel on the shores of Yellowstone Lake provisions pertaining to the regulation contractors, whether employed in a per­ (a) within the confines of Bridge Bay of dogs and cats, travel on roads, over­ manent or temporary capacity, shall be Marina and Lagoon and the connecting snow vehicle use, and the posting of registered with the Superintendent and channel with Yellowstone Lake; and (b) notices and orders which are adequately a permit authorizing the use of said within the confines of Grant Village M a­ covered in Parts 1, 2, 3, 4, and 5 of Title vehicle in the park is required. This re­ rina and Lagoon and the connecting 36, Code of Federal Regulations; to quirement also applies to members of an channel with Yellowstone Lake is pro­ specify a maximum speed limit of 60 employee’s family living in the park who hibited except at the piers or docks pro­ miles per hour on that portion of U.S. own or operate a motor vehicle within vided for the purpose. Highway 191 which traverses the north­ the park. Such permit, issued free of (4) Closed waters: west corner of Yellowstone National charge, may be secured only when the (i) Vessels are prohibited on Sylvan Park; to specify conditions and measures vehicle operator can produce a valid cer­ Lake, Eleanor Lake, Twin Lakes, and whereby persons must safeguard food­ tificate of registration, and has in his Beach Springs Lagoon. stuffs from wildlife while camping in the possession a valid operator’s license. No (ii) Vessels are prohibited on park park’s campgrounds; to apply the same motor vehicle may be operated on park rivers and streams (as differentiated protective measures to the Slough Creek roads unless properly registered. from lakes and lagoons), except on the cutthroat trout fishery as exists for cut­ (ii) The permit is valid only for the channel between Lewis Lake and Sho­ throat trout within the Yellowstone Lake calendar year of issue. Registry must shone Lake, which is open only to hand- complex; and to prohibit the swimming be completed and permits secured by propelled vessels. and bathing in the waters of natural April 15 of each year or within one week (5) Lewis Lake motorboat waters: thermal features within the park. after bringing a motor vehicle into the Motorboats are permitted on Lewis Lake. It is the policy of the Department of park, whichever date is later. The per­ ( 6) Yellowstone Lake motorboat wa­ the Interior, whenever practicable, to af­ mit shall be affixed to the vehicle as ters: Motorboats are permitted on Yel­ ford the public an opportunity to par­ designated by the Superintendent. lowstone Lake except in Flat Mountain ticipate in the rulemaking process. Ac­ (c) Trucking. The park Superintend­ Arm as described in subdivision (i) of cordingly, interested persons may submit ent may issue permits for the use of park this subparagraph and as restricted written comments, suggestions, or ob­ roads for trucking, for which fees shall within the South Arm and the Southeast jections to the Superintendent, Yellow­ be charged. For schedule of fees, see Arm where operation is confined to areas stone National Park, Post Office Box 168, Part 6 of this chapter. known as “Five Mile Per Hour Zones” Yellowstone National Park, W Y 82190, (d) Vessels. (1) Permit: which waters are between the lines as within 30 days of the publication of this (1) A general permit, issued by the described in subdivisions (ii) and (iii) notice in the F ederal R egister. _■ Superintendent, is required for all ves­ of this subparagraph in the South: Arm Section 7.13 is revised to read as sels operated upon the waters of the and Southeast Arm, but which specifi­ follows: park open to boating. In certain areas cally exclude the southernmost 2 miles § 7.13 Yellowstone National Park. a special permit is required as specified of both Arms which are open only to hereinbelow. These permits must be car­ hand-propelled vessels. (a) Weight and size limits for ve­ ried within the vessel at all times when (i) The following portion of Flat hicles. The operation of a vehicle that any person is aboard, and shall be ex­ does not conform to specified gross Mountain Arm of Yellowstone Lake is hibited upon request to any person au­ restricted to hand-propelled vessels: weight and size limitations is prohibited. thorized to enforce the regulations in Information detailing the specified gross West of a line beginning at a point this chapter. marked by a monument located on the weight and size limitations is available (ii) A special permit shall be issued by in the Office of the Superintendent. south shore of the Flat Mountain Arm the Superintendent to any holder of a and approximately 10,200 feet easterly (b) Traffic control. ( 1) Speed of ve­ general permit who expresses the inten­ hicles, except vehicles on U.S. Highway form the southwest tip of the said arm, tion to travel into either the South Arm said point being approximately 44°22'- 191, and except ambulances on emer­ or the Southeast Arm “Five Mile Per gency trips, shall not exceed the follow- 13.2" N. latitude and 110°25'07.2" W. Hour Zones” of Yellowstone Lake, as de­ longitude, then running approximately mg prescribed limits when official signs fined in subparagraph (6) (ii) and (iii) specifying such limits are posted: 2,800 feet due north to a point marked of this paragraph, upon the completion by a monument located on th£ north (i) Fifteen miles per hour: In all and filing of a form statement in ac­ campgrounds, picnic areas, parking shore of the Flat Mountain Arm, said cordance with the provisions of subpara­ point being approximately 44°22'40" N. areas, and residential areas; upon that graph (10) of this paragraph. Portion of a park road which passes latitude and 110°25'07.2" W . longitude. (iii) Neither a general nor special (ii) In the South Arm that portion through or borders upon the scene of an permit shall be issued until the permit­ emergency such as a forest fire, accident, between a line from Plover Point running tee has signed a statement certifying generally east to a point marked by a or similar emergency; and the visitor use that he is familiar with the speed and development at Old Faithful. monument on the northwest tip of the all other limitations and requirements peninsula common to the South and Twenty-five miles per hour: Upon in these regulations. The applicant for Southeast Arms; and a line from a monu­ that portion of a park road which passes a special permit shall also agree in writ­ through or borders on visitor use devel­ ment located on the west shore of the ing to provide, in accordance with sub- South Arm approximately 2 miles north opments at Mammoth Hot Springs, paragraph (10) of this paragraph, in­ tower Falls, Canyon, Lake Area, Fishing of the cairn which marks the extreme formation concerning the actual travel southern extremity of Yellowstone Lake “ridge, West Thumb, Madison, Norris, within the “Five Mile Per Hour Zones.” «ha Grant Village; and one-way drives. in accordance with the Act of Congress (2) Removal of vessels: All privately establishing Yellowstone National Park; (iii) Thirty-five miles per hour: owned vessels, boat trailers, waterborne said point being approximately in lati­ rucks whose rated gross vehicle weight craft of any kind, buoys, mooring floats, 18 in excess of 17,000 pounds. and anchorage equipment will not be tude 44°18'22.8" N., at longitude 110° _ (iv) Forty-five miles per hour: Pas- permitted in the park prior to May 1 and 20'04.8" W., Greenwich Meridian, run­ cars, buses, and trucks whose must be removed by November 1. ning due east to a point on the east shore iaieu gross vehicle weight is 17,000 (3) Restricted landing areas: of the South Arm marked by a monu-

FEDERAL REGISTER. VOL. 36. NO. 81— TUESDAY, APRIL 27, 1971 7858 PROPOSED RULE MAKING ment. Operation of motorboats south of the shoreline of said islands within one- (ii) McBride Lake, Slough Creek, Yel­ the latter line is prohibited. quarter mile. lowstone Lake, and the Yellowstone (iii) in the southeast Arm that por­ (12) Boat racing, water pageants, and River outlet above the Upper Falls at tion between a line from a monument on spectacular or unsafe types of recrea­ Canyon (except as provided for in sub- the northwest tip of the peninsula com­ tional use of vessels are prohibited on paragraphs ( 1) and ( 2) of this para­ mon to the South and Southeast Arms park waters. graph) : Three (3) fish, 14 inches or which runs generally east to a monument (13) The restrictions of this paragraph longer. at the mouth of Columbine Creek; and (d) shall not apply to vessels oper­ (iii) Firehole and Madison Rivers, a line from a cairn which marks the ated for administrative purposes or in Lower Gibbon River up to the base of extreme eastern extremity of Yellow­ emergencies. Gibbon Falls: Two (2) fish, 16 inches or stone Lake, in accordance with the Act (e) Fishing— (1) Open fishing season. longer. of Congress establishing Yellowstone N a­ (i) All rivers and creeks in the Yellow­ (iv) All other waters open to fishing: tional Park; said point being ap­ stone River drainage above the Upper Five (5) fish, of which no more than proximately in latitude 44°19'42.0" N., Falls at Canyon, except as otherwise pro­ three (3) may be cutthroat trout. at longitude 110°12'06.0" W., Greenwich vided in subparagraph (2) of this para­ (5) Possession limit. Possession limit Meridian, running westerly to a point on graph, are open to fishing from 4 a.m., shall mean the numbers or species of the west shore of the Southeast Arm, m.s.t., on July 15 to 9 p.m., m.s.t., on fish taken within Yellowstone National marked by a monument; said point being October 31. Rivers and creeks will in­ Park which may be in the possession of approximately in latitude 44°20'03.6" N.t clude those portions of Yellowstone Lake a person, regardless if fresh, stored in at longitude 110°16'19.2" W., Greenwich marked by buoys within 100 yards of the freezers or ice chests, or otherwise pre­ Meridian. Operation of motorboats south river or creek inlet. served. A person must cease fishing of the latter line is prohibited. (ii) All lakes in the Yellowstone River immediately upon filling his possession (7) Motorboats are prohibited on park drainage above the Upper Falls at Can­ limit. waters except as permitted in subpara­ yon, except as otherwise provided in sub- (i) The possession limit is five (5) fish graphs (5) and ( 6) of this paragraph. paragraph ( 2) of this paragraph, are of which no more than three (3) may be ( 8) Hand-propelled vessel waters: open to fishing from 4 a.m., ms.t., on cutthroat trout. The possession of gray­ Hand-propelled vessels and sail vessels' June 15 to 9 p.m., ms.t., on October 31. ling is prohibited. may operate in park waters except on The marking buoys in the vicinity of the (6) Restriction of use of lines, bait, those waters named in subparagraph (4) outlet of Yellowstone Lake shall define and lures, (i) Each person fishing in park of this paragraph. the northern limit of Yellowstone Lake. water shall use only one rod or line held (9) Five Mile Per Hour Zone motor- (iii) All other waters, except as pro­ in hand. boat restrictions: The operation of mo­ vided in subparagraph ( 2) of this para­ (ii) Only artificial flies on single hook torboats within “Five Mile Per Hour graph, are open to fishing from 4 a.m., or lures with one single, double, or treble Zones” is subject to the following ms.t., on May 28 to 9 p.m., ms.t., on hook may be used in park waters except restrictions: October 31. as specified in the following paragraphs. (i) Motorboats shall satisfy the ñame (2) Closed waters. The following waters (iii) Only artificial flies with no more arrestor requirements of the Motorboat of the park are closed to fishing and are than a single hook may be used for fish­ Act of April 25, 1940, as amended (46 so designated by appropriate signs: ing in the Firehole River, Madison River, U.S.C. 526i) and the regulation at 46 (i) The Yellowstone River and its and that section of the Gibbon River CFR 25.35-1 (a ). tributary streams from the confluence of extending from the mouth of the stream (ii) A speed of 5 miles per hour shall Alum Creek with the Yellowstone River to the base of Gibbon Falls. not be exceeded by motorboats. upstream to the Sulphur Caldron. (iv) When in the possession of any (iii) Class 1 and Class 2 motorboats (ii) The Yellowstone River from the fishing equipment and while immediately shall proceed no closer than one-quarter top of the Upper Falls downstream to its adjacent to or on waters of the park, no mile from the shoreline except to debark confluence with Surface Creek. person shall possess any fish bait (e.g., or embark passengers, or while moored (iii) Bridge Bay Lagoon and Marina, worms, insects, minnows, fish eggs, or when passengers are ashore. Grant Village Lagoon and Marina and other organic matter, or parts thereof) (10) Permission required to operate their connecting channels with Yellow­ or fish lures, except as provided for in motorboats in Five Mile Per Hour Zone: stone Lake. subdivisions (ii), (iii), and (v) of this Written, authority for motorboats to (iv) Fishing is prohibited from the subparagraph. enter either or both the South Arm or shores of the southern extreme of the (v) Persons 12 years of age or under the Southeast Arm “Five Mile Per Hour West Thumb thermal area (posted) may fish with worms as bait on the Gard­ Zones” shall be granted to an operator along the shore of Yellowstone Lake to ner River, Obsidian Creek, Indian Creek, providing that prior to commencement the mouth of Little Thumb Creek. and Panther Creek. of such entry the operator completes and (v) The Mammoth water supply (f) Commercial automobiles and files with* the Superintendent a form reservoir. buses. The prohibition against the com­ statement showing: (vi) Old Faithful water supply con­ mercial transportation of passengers by (i) Length, make, and number ofsisting of that section of the Firehole motor vehicles to Yellowstone National motorboat. River from the Old Faithful water intake Park contained in § 5.4 of this chapter, (11) Type of vessel, such as inboard, to the Shoshone Lake trail crossing shall be subject to the following excep­ inboard-outboard, turbojet, and includ­ above Lone Star Geyser. tion: A motor vehicle operated on an ing make and horsepower rating of (3) Daily fishing period. Fishing in infrequent and unscheduled tour, which motor. those waters of the park that are open tour did not originate within 500 miles (iii) Name and address of head of Is permitted only between the hours of of the park boundaries, carrying only party. 4 a.m. and 9 p.m., m.s.t., or 5 am . and round-trip passengers traveling from the (iv) Number of persons in party. 10 p.m., m.d.t. point of origin of the tour, will, subject (v) Number of nights planned to spend (4) Daily limits by waters. Daily limit to the conditions set forth in this para­ in each “Five Mile Per Hour Zone.” shall mean the numbers, sizes, or species graph, be accorded admission to the park (vi) Place where camping is planned of fish that may be legally taken from .for the purpose of delivering passengers within each “Five Mile Per Hour Zone,” specified waters during the legal fishing to a point of stay in the park and exit or if applicable, whether party will re­ hours of a day. All fish a person does not from the park. After passengers have main overnight on board. elect to keep in possession shall be care­ completed their stay, such motor vehicles (11) The disturbance of birds inhab­ fully and immediately returned to the shall leave the park by the most con­ iting or nesting on either of the islands water from which they were taken. venient exit station, considering their designated as “Molly Islands” in the (i) The possession of grayling caughtdestination. Motor vehicles admitted to Southeast Arm of Yellowstone Lake is in park waters is prohibited (catch-and- the park under this paragraph shall not, prohibited; nor shall any vessel approach release fishing only). while in the park, engage in general

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 PROPOSED RULE MAKING 7859

sightseeing operations. Admission will be , ( 6) No minor shall obtain, or attempt of the Act of August 25, 1916 (39 Stat. accorded such vehicles upon establishing to obtain alcoholic liquor by misrepre­ 535; 16 U.S.C. 3), the Act of June 30, to the satisfaction of the Superintendent sentation of age, or by any other method 1936 (49 Stat. 2041; 16 U.S.C. 460ar-2 as that the torn* originated from such place in any place where alcoholic liquor is amended), 245 DM.1 (27 F.R. 6395), and and in such a manner as not to provide, sold. National Park Service Order No. 21 (27 in effect, a regular and duplicating serv­ (7) No person authorized to sell alco­F.R. 7903) as amended, it is proposed to ice conflicting with, or in competition holic liquors shall engage in, allow, per­ amend § 7.34 of Title 36 of the Code of with, the services provided for the pub­ mit or suffer in or upon the premises Federal Regulations as set forth below. lic at or outside of the park, pursuant to where such alcoholic liquor is sold any The purpose of this amendment is to contract authorization from the Secre­ disorderly conduct as defined in § 2.7 of delete and amend provisions of the pres­ tary. The Superintendent shall have the this chapter. ent regulations covering bus travel on authority to specify the route to be fol­ (j) Travel on trails. Foot travel in all Blue Ridge Parkway so as to permit lowed by such vehicles within the park. thermal areas and within the Yellow­ (g) Camping. (1) Camping in Yellow­ stone Canyon between the Upper Falls broader use of the Parkway by commer­ stone National Park by any person, and Inspiration Point must be confined cial buses. party, or organization during any calen­ to boardwalks or trails that are main­ It is the policy of the Department of dar year during the period Labor Day tained for such travel and are marked by the Interior, whenever practicable, to through June 30, inclusive, shall not ex­ official signs. afford the public an-opportunity to par­ ceed 30 days, either in a single period or (k) Portable engines and motors. The combined separate periods, when such operation of motor-driven chain saws, ticipate in the rulemaking process. Ac­ limitations are posted. portable motor-driven electric light cordingly, interested persons may sub­ (2) The intensive public-use season plants, portable motor-driven pumps and mit written comments, suggestions, or for camping shall be the period July 1 to other implements driven by portable en­ objections with respect to the proposed Labor Day. During this period camping gines and motors is prohibited in the amendments to the Superintendent, Blue by any person, party, or organization park, except in Mammoth, Canyon, Fish­ Ridge Parkway, Post Office Box 1710, shall be limited to a total of 14 days ing Bridge, Bridge Bay, Grant Village, either in a single period or combined and Madison Campgrounds, for park op­ Roanoke, V A 24008, within 30 days of the separate periods. eration purposes, and for construction publication of this notice in the Fed­ (3) All food or similar organic mate­ and maintenance projects authorized by eral Register. rial, must be kept completely sealed in a the Superintendent. This restriction shall Paragraph (g) (3), (4), and (5) of vehicle or camping unit that is con­ not apply to outboard motors on waters § 7.34 are deleted in their entirety. structed of solid, nonpliable material, or open to motorboating. Paragraph (g) (1) and (2) of § 7.34 must be suspended at least 10 feet above (l) Skiing, sledding, tobogganing, and the ground and 4 feet horizontally from snowshoeing. (1) The following activities are amended to read as follows: any post or tree trunk. This restriction are prohibited: § 7.34 Blue Ridge Parkway. does not apply to food that is being eaten (1) Skiing, sledding, tobogganing, and ***** or is being prepared for eating. snowshoeing upon park roads and park­ (h) Dogs and cats. Dogs and cats on ing areas, when such roads and parking (g) Commercial automobiles and buses. leash, crated, or otherwise under physi­ areas are open to automobiles, trucks, ( 1) Commercial passenger carrying buses cal restraint are permitted in the park tractors, bicycles, or motorcycles. shall be admitted to the Blue Ridge only along established roads, walks, (ii) Skiing, sledding, tobogganing, and Parkway by special written permit from paths, and trails, within one-quarter mile snowshoeing within areas closed by the the Superintendent or his representative. of roads or parking areas. posting of signs or designated as closed (i) Alcoholic liquors. ( 1) Definitions on a map located in the Superintendent’s (2) The Superintendent shall issue for the purposes of this section: Office. special commercial bus permits upon (i) The term “minor” means any per­ (iii) The towing of persons on skis, satisfactory showing that the following son under 21 years of age regardless of sleds, or other sliding devices behind standards have been met: marital status. vehicles. (i) The maximum loaded weight of (2) The Superintendent may, by the

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 No. 81- 7860 PROPOSED RULE MAKING

top and bottom of two semicircles thus column of the table in subdivision (vi) DEPARTMENT OF HEALTH, causing a “clacking” sound, which toys of this subparagraph. present a mechanical hazard because (d) By fully assembling the toy and EDUCATION, AND WELFARE their design or manufacture presents testing the cord in such a manner as to an unreasonable risk of personal injury test both the strength of the cord and Food and Drug Administration from fracture, fragmentations, or dis­ the adequacy with which the cord is at­ assembly of the toy and from propulsion tached to the ball and any holding device [ 21 CFR Part 191 3 of the toy or its p art(s). such as a tab or ring included in the assembly. The fully assembled article CERTAIN TOYS KNOWN AS CLACKER § 191.65a Exemptions from classifica­ tion as a banned toy. shall be vertically suspended by one ball BALLS AND INTENDED FOR USE BY and a 100-pound test applied to the bot­ CHILDREN (a) * * * tom ball. Any breaking, fraying, or un­ (5) Clacker balls described in § 191.9a raveling of the cord or any sign of slip­ Proposed Classification as Banned (a) .(7) that have been designed, manu­ ping, loosening, or unfastening shall be Hazardous Substances factured, assembled, labeled, and tested counted as a failure within the meaning in accordance with the following require­ The Federal Hazardous Substances of the fourth column of the table in sub­ ments, and when tested at the point of Act, as amended by the Child Protection division (vi) of this subparagraph. production or while in interstate com­ and Toy Safety Act Of 1969 (Public Law (e) By additionally subjecting any ring merce or while held for sale after ship­ 91-113; 83 Stat. 187-90), provides that or other holding device to a 50-pound ment in interstate commerce do not ex­ any toy or other article intended for use . test load applied to both cords; the hold­ ceed the failure rate requirements of the by children may be classified as a haz­ ing device is to be securely fixed hori­ table in subdivision (vi) of this sub- ardous substance upon a determination zontally in a suitable clamp in such a paragraph: that it presents an electrical, mechanical, manner as to support 50 percent of the (i) The toy shall be so designed and or thermal hazard. Such a determination area of such holding device and the balls fabricated that: may be made by a regulation promul­ are suspended freely. Any breaking, (a) Each ball: Weighs less than 50 cracking, or crazing of the ring or other gated in accordance with 5 U.S.C. 553. grams; will not shatter, crack, or chip; A determination that any toy or other holding device shall be counted as a is free of cracks, flash (ridges due to failure within the meaning of the fourth article intended for use by children pre­ imperfect mouldings), totally enclosed sents such a hazard classifies it as a column of the table in subdivision (vi) internal voids (holes, cavities, or air bub­ of this subparagraph. banned hazardous substance. bles) , and crazing (tiny surface cracks); (/) By cutting each ball tested in half The Food and Drug Administration and is free of rough or sharp edges and then cutting each half perpendic­ has received reports of injuries caused around any hole where the cord enters ularly to the first cut into three or more by a novelty toy called clacker balls. The or over any surface with which the cord pieces of approximately equal thickness. toy consists essentially of two balls con­ may make contact. Each portion is to be inspected before nected by a length of line or cord. In (b) The cord: Is of high tensile and after cutting, and any ball showing use, the two balls are made to bang strength, synthetic fibers that are any flash, crack, crazing, or internal repeatedly against each other in an arc braided or woven, having a breaking voids on such inspection is to be counted by raising and lowering the hand in an strength in excess of 100 pounds; is free as a failure within the meaning of the up-and-down motion. Injuries have been of fraying or any other defect that might fourth column of the table in subdivision caused by fragments of these balls which tend to reduce its strength in use; is not (vi) of this subparagraph. A transparent have broken or shattered in use and by molded in balls made of casting resins ball shall be subjected to the same re­ balls which have become missiles upon which tend to wick or rim up into the quirements except that it may be visually accidental detachment from their cords. cord; and is affixed to a ball at the center inspected without cutting. The Commissioner of Food and Drugs of the horizontal plane of the ball when (iii) The toy shall be fully assembled finds that the toy presents a mechanical it is suspended by the cord. for use at time of sale, including the hazard because its design or manufacture (c) When the cord is attached to the proper attachments of balls, cords, knots, presents an unreasonable risk of personal ball by means of a knot, the end beneath loops, or other holding devices. injury from fracture, fragmentation, or the knot is chemically fused or other­ (iv) The toy shall be labeled: disassembly of the toy and from propul­ wise treated to prevent the knot from (a ) With a conspicuous statement of sion of the toy or its p a rt(s). The Com­ slipping out or untyihg in use. the name and address of the manu­ missioner concludes that these hazards (ii) The toy shall be tested at the facturer, packer, distributor, or seller. can be minimized by amending Part 191 time of production: (b) To bear on the toy itself and/or as proposed below to require a high (a) By using the sampling procedure the package containing the toy and/or standard of quality control and labeling described in the table in subdivision (vi) the shipping container, in addition to the to eliminate all unsafe clacker balls from of this subparagraph to determine the invoice (s) and shipping document(s), a distribution channels. number of units to be tested. code or mark in a form and manner that Therefore, pursuant to provisions of (b) By subjecting each ball tested to will permit future identification of any the Federal Hazardous Substances Act 10 drops of a 5-pound steel impact rod or given batch, lot, or shipment by the (secs. 2 (f)(1 )(D ), (s), 3(e) ( 1), 74 Stat. weight ( 2^2-inch diameter with a flat manufacturer. 372, 374, 375, as amended 83 Stat. 187- head) dropped 48 inches in a vented steel (c) To bear a conspicuous warning 89; 15 U.S.C. 1261, 1262) and under au­ or aluminum tube ( 2%-inch diameter) statement on the front panel of the re­ thority delegated to him (21 CFR 2.120), when the ball is placed on a steel or cast tail and display carton and on any ac­ the Commissioner proposes that a new iron mount. Any ball showing any chip­ companying literature: That if cracks subparagraph be added to § 191.9a(a) ping, cracking, or shattering shall be develop in a ball or if the cord becomes counted as a failure within the mean­ and another to § 191.65a(a), as follows: frayed or loose or unfastened, use of the ing of the third column of the table in toy should be discontinued; and if a ring § 191.9a Banned toys. subdivision (vi) of this subparagraph. or loop or other holding device is present, (a ) * * * (c) By inspecting each ball tested for • the statement “In use, the ring or loop (7) Toys usually known as clacker smoothness of finish in any holes, on must be placed around the middle finger balls and consisting of two balls of plastic outer surfaces, and on any other portion and the two cords positioned over the or other material connected by a length with which the cord is intended to come forefinger and held securely between the of line or cord or similar to connector into contact or into or over which it may thumb and forefinger,” or words to that (referred to as “cord” in § 191.65a(a) come into contact. A cotton swab shall effect which will provide adequate in­ ( 5) ) , intended to be operated in a be rubbed vigorously over each such sur­ structions and warnings to prevent the rhythmic manner by an upward and face or area; if any cotton fibers are re­ holding device from accidentally shppjng out of the hand. Such statements shau downward motion of the hand so that moved, the ball shall be counted as a be printed in sharply contrasting color the two balls will meet forcefully at the failure within the meaning of the fourth

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 PROPOSED RULE MAKING 7861 within a borderline and in letters at least Office of Education arrangement (such as itinerant, resource one-quarter inch high on the main panel room, or other types of part-day or part- of the container and at least one-eighth [4 5 CFR Part 1161 week programs) to handicapped children inch high on all accompanying literature. FINANCIAL ASSISTANCE TO MEET in attendance at public or nonpublic (v) The manufacturer of the toy shall schools, such children may be reported make, keep, and maintain for 3 years SPECIAL EDUCATIONAL NEEDS OF as being in average daily attendance if records of sale, distribution, and results EDUCATIONALLY DEPRIVED CHIL­ (i) a statute or official written rule, of inspections and tests conducted in ac­ DREN policy, or other standard applicable to cordance with this subparagraph and Notice .of Proposed Rule Making such State agency provides a reliable shall make such records available upon basis for determining that such State request at all reasonable hours by any Notice is hereby given that the regu­ agency, rather than a local-educational officer or employee of the Food and Drug lations set forth below, which are addi­ agency, is directly responsible for provid­ Administration, or any other officer or tions and amendments to 45 CFR Part ing educational services to such children; employee acting on behalf of the Sec­ 116, prescribe certain requirements (pur­ and (ii) such State agency’s average per retary of Health, Education, and W el­ suant to section 105, 84 Stat. 123; sec­ pupil contribution to the cost of provid­ fare, and shall permit such officer or em­ tion 110, 84 Stat. 124, 125; section 401, ing education to such handicapped chil­ ployee to inspect and copy such records 84 Stat. 164, 168; section 108, 84 Stat. dren exceeds (a) the State’s average per and to make such inventories of stock as 124; and section 109, 84 Stat. 124; 42 pupil contribution to the cost of educa­ he deems necessary and otherwise to U.S.C. 241e, 123Id) with respect to deter­ tion of handicapped children in educa­ check the correctness of such records. mining the number of children in aver­ tional programs operated by local educa­ (vi) The lot size, sample size, and age daily attendance, public information, tional agencies in the State, and (b) failure rate for testing clacker balls are parental involvement, bonus pay to exceeds one-half of the average per pupil as follows: teachers, and comparability of services expenditure in that State as defined in in programs and projects conducted section 103(e) of title I, ESEA. For the Failure rate under Title I of the Elementary and purposes of this paragraph, a State Failure rate constituting Secondary Education Act of 1965. agency’s average per pupil contribution Number of units Num ber constituting rejection in batch, ship- of units rejection when testing Interested persons who wish to submit to the cost of providing education to such ment, delivery, in ran- when testing per §191.65a- comments, suggestions, or objections per­ handicapped children, a State’s average lot, or retail stock dom per §191.65a- (a)(5)(ii) (c), taining thereto may present their views per pupil contribution to the cost of sample (a) (6) (ii) (6) (d), (e), and in writing to the U.S. Commissioner of .(f) education of Handicapped children by Education, Department of Health, Edu­ local educational agencies, an4 the aver­ 60 or less______8 1 1 cation, and Welfare, 400 Maryland Ave- age per pupil expenditure in a State shall 61 to 90...... 13 1 1 nuë SW„ Washington, DC 20202, within be determined on the basis of data for 91 to 160______20 1 161 to 280...... 32 1 2 a period of 30 days from the date of the same fiscal year. 281 to 600...... SO 1 2 publication in the Federal Register. The (20 U.S.C. 241c(a) (5 )) 601 to 1,200______80 2 4 final regulations will be codified in Title 1.201 to 3,200...... 126 2 6 3.201 to 10,000____ 200 3 10 45 of the Code of Federal Regulations. * * * * * 10.001 to 36,000... 316 4 16 1. In § 116.1, paragraph (c) is 2. In ! 116.17, paragraph (h ) is 36.001 to 150,000.. 500 6 25 160.001 to 600,000.. 800 8 40 amended to read as follows: amended and new paragraphs (n), (o), 600.001 and o v e r .. 1, 250 11 62 § 116.1 Definitions. and (p) are added to read as follows: * * * * * § 116.17 Project covered by an applica­ (vii) Applicability of the exemption (c) “Average daily attendance” means tion. provided by this subparagraph shall be * * * * * determined through use of the table in ( 1) average daily attendance in elemen­ (h) Each application for a grant subdivision (vi) of this subparagraph. tary and secondary schools, not beyond A random sample of the number of arti­ grade 12, as determined in accordance under Title I of the Act for education­ ally deprived children residing in a cles as specified in the second column with State law and (2) in the case of project area shall contain an assurance of the table shall be selected according schools for handicapped children and to the number of articles in a particu­ children in institutions for neglected or that the use of the grant funds will not lar batch, shipment, delivery, lot, or re­ delinquent children operated or sup­ result in a decrease in the use for educa­ tail stock per the first column. A failure ported by a State agency, the average tionally deprived children residing in rate as shown in either the third or number of children under 21 years of age that project area of State or local funds fourth column shall indicate that the en­ participating per day for the length of a which, in the absence of funds under tire batch, shipment, delivery, lot, or re­ normal school year in an organized pro­ Title I of the Act, would be made avail­ tail stock has failed and thus is not gram in such schools of instruction which able for that project area and that exempted under this subparagraph from is recognized under State law as furnish­ neither the project area nor the educa­ classification as a banned hazardous ing elementary or secondary education, tionally deprived children • residing substance. but not beyond grade 12. In the case of therein will otherwise be penalized in the handicapped children daily attendance application of State and local funds be­ Interested persons may, within 15 days shall be measured by the nqmber of daily cause of such a use of funds under title after publication hereof in the ederal F hours of participation in such instruc­ I of the Act. No project under title I Register, file with the Hearing Clerk, tion as the State agency determines to be of the Act will be deemed to have been Department of Health, Education, and appropriate for children with the par­ designed to meet the special educational Welfare, Room 6-62, 5600 Fishers Lane, ticular handicap involved, except that needs of educationally deprived children Rockville, Md. 20852, written comments any such instruction for more than 1 unless the Federal funds made available (preferably in quintuplicate) regarding hour, but less than 3 hours, a day shall for that project ( 1) will be used to sup­ tnis proposal. Comments may be accom­ bë deemed to constitute a maximum of plement, and to the extent practical in­ panied by a memorandum or brief in crease, the level of State and local funds support thereof. one-half day of attendance. Time spent primarily in custodial care or medical that would, in the absence of such Fed­ Dated: April 15,1971. treatment or therapy cannot be counted eral funds, be made available for the edu­ cation of pupils participating in that C harles C . E dwards, in determining attendance. In the case project; ( 2) will not be used to supplant Commissioner of Food and Drugs. of special instructional services provided State and local funds available for the [PR Doc.71-5829 Filed 4-26-71;8:45 am] by a State agency under contract or other education of such pupils; and (3) will

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7862 PROPOSED RULE MAKING not be used to provide instructional or sure the selection of parents to the par­ clude, as a part of the applicant’s pro­ auxiliary services in project area schools ent council who are representative (a) of gram, provision for the payment of that are ordinarily provided with State the children eligible to be served (includ­ bonuses to teachers in a limited number and local funds to children in nonproject ing such children enrolled in private of schools serving attendance areas with area schools. schools) and (b) of the attendance exceptionally high concentrations of areas to be included in the title I pro­ children from low-income families. For (20 U.S.C. 241e(a) (3 )) gram of such agency; the purposes of this paragraph, the term * * * * * _ (ii) That each member of the council “teacher” means a person holding a (n ) Each application by a local educa­ has been furnished free of charge copies teaching certificate in the State. Such a tional agency for a grant under title I of title I of the Act, the Federal regula­ person is regarded as a teacher only to of the Act shall include specific plans for tions, guidelines, and criteria issued pur­ the extent that he has a regular instruc­ disseminating information concerning suant thereto, State title I regulations tional assignment and only to the extent the provisions of title I, and the appli­ and guidelines, and the local educational that he is taken into account in the com­ cant’s past and present title I programs, agency’s current application; and that putation of pupil-teacher "ratios in the including evaluations of such programs, such other information as may be needed State. The eligibility of teachers for such to parents and to the general public for the effective involvement of the coun­ bonuses may be made subject to such and for making available to them upon cil in the planning, development, opera­ conditions, including the completion of request the full text of current and past tion, and evaluation of projects under prescribed courses of special training, as title I applications, all pertinent docu­ said title I (including prior applications may be imposed by the local educational ments related to those applications, for title I projects and evaluations there­ agency with the approval of the State evaluations of the applicant’s past title of) will also be made available to the educational agency. Such bonuses must I projects, all reports required by § 116.23 council; be reasonable in amount but must be to be submitted to the State educational (iii) That the local educational agency deemed by the approving State educa­ agency, and such other documents as has provided the parent council with tional agency to be sufficient to attract may be reasonably necessary to meet the the agency’s plans for future title I proj­ to, or retain at, such schools the teachers needs of such parents or other members ects and programs, together with a de­ best qualified to help meet the special of the public for information related to scription of the process of planning and educational needs of the educationally the comprehensive planning, operation, developing those projects and programs, deprived children to be served by the program of that agency. A project ap­ and evaluation of the title I program but and the projected times at which each plication that includes provision for the not including information relating to stage of the process will start and be payment of teacher bonuses must dem­ the performance of identified children completed; onstrate that the applicant’s regular and teachers. Such plans shall include (iv) That the parent council has had salary schedule has not attracted or has provision for the reproduction, upon re­ an adequate opportunity to consider the not retained sufficient numbers of quest, of such documents at reasonable information available concerning the teachers of high caliber in the area in cost (not to exceed the additional cost special educational needs of the educa­ which the teacher bonus provision is to incurred by such agency) or provisions tionally deprived children residing in the be made applicable. It must also demon­ whereby persons requesting such copies project areas, and the various programs available to meet those needs, and to strate how the local educational agency will be given adequate opportunity to plans to recruit, hire, provide in-service arrange for the reproduction of such make recommendations concerning those training to, and evaluate all teachers documents. needs which should be addressed through the title I program and similar who will receive bonuses, and how such (20 U.S.C. 214e, 1231d) programs; teachers will serve as an integral part (o) (1) Parental involvement at the (v) That the parent council has had of the title I program. The continuation local level is deemed to be an important an opportunity to review evaluations of of the payment of teacher bonuses by a means of increasing the effectiveness of prior title I programs and has been in­ local educational agency beyond a 2-year programs under title I of the Act. Each formed of the performance criteria by period shall be conditioned upon a dem­ application of a local educational agency which the proposed program is to be onstration in project applications for (other than a State agency directly re­ evaluated; subsequent years that bonus payments in the school district have in fact been sponsible for providing free public edu­ (vi) That the title I program in each effective in attracting and retaining cation for handicapped children or for project area includes specific provisions children in institutions for neglected teachers of high caliber and that such for informing and consulting with par­ teachers have significantly contributed and delinquent children) for assistance ents concerning the services to be pro­ under that title, therefore, (i) shall to improving the performance of educa­ vided for their children under title I tionally deprived children. For that pur­ describe how parents of the children to of the Act and the ways in which such be served were consulted and involved in pose, the State educational agency must parents can assist their children in real­ assume a special responsibility for moni­ the planning of the project and (ii) shall izing the benefits those services are in­ set forth specific plans for continuing toring and evaluating teacher bonus tended to provide; components of programs in the light of the involvement of such parents in the (vii) That the local educational further planning and in the development specific measurable goals and must col­ agency has adequate procedures to in­ lect and maintain data on the extent of and operation of the project. sure prompt response to complaints and (2) Each local educational agency the use and the effectiveness of such suggestions from parents and parent teacher bonus components of programs shall, prior to the submission of an ap­ council; under title I of the Act. plication for fiscal year 1972 and any (viii) That all parents of children to succeeding fiscal year, establish a be served have had an opportunity to (20 U.S.C. 24ie(a) (1 )) council consisting entirely of parents present their views concerning the appli­ § 116.18 [Amended] of educationally deprived children resid­ cation to the appropriate school per­ 3. In § 116.18, paragraph (f) is ing in attendance areas which are to be sonnel, and that the parent council has served by the project, which parents are revoked. had an opportunity to submit comments 4. A new § 116.26 is added, reading as not employed by the local educational to the State educational agency con­ agency, or designate for that purpose an cerning the application at the time it is follows: existing organized group in which such submitted, which comments the State § 116.26 Comparability of services. parents will constitute a majority, and educational agency shall consider in shall include in its application sufficient (a) A State educational agency shall determining whether or not the applica­ not approve an application of a local information to enable the State educa­ tion shall be approved. tional agency to make the following educational agency (other than a sta agency directly responsible for providing determinations: (20 U.S.C. 1231d) free public education for handicapp (i) That the local educational agency (p) An application for a grant for a children or for children in institutions has taken appropriate measures to in- project under title I of the Act may in­

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 PROPOSED RULE MAKING 7863

for neglected or delinquent children) for pupils in average daily membership; that title shall file a satisfactory assur­ the fiscal year 1972 and subsequent fiscal <1) The average number of pupils per ance that it will use its State and local years unless that agency has filed, in assigned certified classroom teacher; funds to provide services in its schools accordance with instructions issued by (2) The average number of pupils per serving children who are to participate the State educational agency, informa­ assigned certified instructional staff in projects under that title, which serv­ tion as set forth in paragraphs (b) and member (other than teachers); ices are comparable to the services so (c) of this section upon which the State (3) The average number of pupils per provided in these schools serving chil­ educational agency will determine assigned noncertified instructional staff dren in corresponding grade levels which whether the services, taken as a whole, member; are not to be served by a project under to be provided with State and local funds (4) The amounts expended per pupil that title. Such an agency shall also file in each of the school attendance areas for instructional salaries (other than the data required by paragraph (b) to be served by a project under title I longevity pay); and, (1 ) , (2 ), (3), and (4) of this section and of the Act are at least comparable to the (5) The amounts expended per pupil the data required by paragraph (c) ( 1), services being provided in the school at­ for other instructional costs, such as the (2 ) , and (3) of this section. tendance areas of the applicant’s school costs of textbooks, library resources, and (f) The requirements of this section district which are not to be served by a other instructional materials. are not applicable to a local educational project under said title I. For the pur­ agency which is operating only one pose of this section, State and local The services provided at a school where school serving children at the grade levels funds include funds under title I of children will be served under said title I at which services under said title I are Public Law 81-874, or shared-revenue are deemed to be comparable for the to be provided or which has designated funds, for whose expenditure no ac­ purposes of this section if the ratios for the whole of the school district as countability to the Federal Government that school determined in accordance a project area in accordance with is otherwise called for. with subparagraphs ( 1), (2), and (3) of this paragraph do not exceed 105 per­ § 116.17(d). (b) The State educational agency cent of the corresponding ratios for the shall require each local educational (20 U.S.C. 241e(a) (3 )) said other schools in the district, and if agency, except as provided under para­ the ratios for that school determined in Dated: March 31, 1971. graph (d) of this section, to submit data, accordance with subparagraphs (4) and based on services provided from State Sidney P. Marland, Jr., (5) of this paragraph are at least 95 per­ and local expenditures for subparagraphs Commissioner of Education. cent of the corresponding ratios for said (2) through (7) of this paragraph, for other schools. State educational agen­ Approved: April 22, 1971. each public school to be served by a proj­ cies may, subject to the approval of the ect under title I of the Act and, on a com­ Elliot L. Richardson, Commissioner, propose and establish bined basis, for all other public schools Secretary of Health, criteria, in addition to those specified in in the district serving children in cor­ Education, and Welfare.. this section, which must be met by local responding grade level, which schools are [FR Doc.71-5808 Filed 4-26-71;8:52 am ] educational agencies. not served by projects under that title. (d ) The State educational agency Such data shall show ( 1) the average shall not approve project applications daily membership, (2) the average num­ under title I of the Act for fiscal year ber of assigned certified classroom teach­ 1972 unless the applicant local educa­ DEPARTMENT OF ers, (3) the average number of assigned tional agency has submitted the data,re- certified instructional staff other than quired by paragraphs (b) and (c) of this TRANSPORTATION teachers, (4) the average number of as­ section. Such data must be submitted to signed noncertified instructional staff, Federal Aviation Administration the State educational agency no later (5) the amount expended for instruc- than July 1, 1971, and July 1 of each tional salaries, ( 6) the amount of such £14 CFR Part 71 1 year thereafter. In the case of local edu­ salaries expended for longevity pay, and (Airspace Docket No. 71-SO-34] cational agencies the data for which in­ w) the amounts expended for other in­ dicate a failure to meet the standards for FEDERAL AIRWAY structional costs, such as the costs of comparability described in this section, textbooks, library resources, and other such applications must indicate how Proposed Designation instructional materials, as defined in such comparability will be achieved by s 117.1 (i) of this chapter; and such other The Federal Aviation Administration the beginning of fiscal year 1973. Ap­ information as the State educational is considering an amendment to Part 71 plications for fiscal year 1973 and suc­ agency may require and utilize for the of the Federal Aviation Regulations that ceeding fiscal years shall not be approved purpose of determining comparability of would designate a VOR Federal airway unless the State educational agency (1) services under this section. The data so from Norcross, Ga., to Columbia, S.C., finds, on the basis of the data submitted, via Athens, Ga.’ provided shall be data for the second that the local educational agency has nscal year preceding the fiscal year in Interested persons are invited to par­ achieved comparability (as described Tin which the project applied for under said ticipate in the making of the proposed this section) and has filed a satisfactory “tie I is to be carried out unless a local rule by submitting such written data, assurance that such comparability will educational agency finds that it has more views, or arguments as they may desire. be maintained, or, ( 2) in the case of a recent adequate data from the immedi­ Communications should identify the air­ local educational agency the data for ately preceding fiscal year which would space docket number and be submitted which indicate a failure to meet such Pe rn.ore suitable for the purpose of de- in triplicate to the Director, Southern standards of comparability, receives from Region, Attention: Chief, Air Traffic Di­ tionUIUng’ comparability under this sec- that local educational agency infor­ vision, Federal Aviation Administration, mation with respect to projected budgets, Post Office Box 20636, Atlanta, G A 30320. T*16 data submitted by the local staff assignments, and other pertinent All Communications received within 30 aucational agency based on services matters showing that comparability will days after publication of this notice in tm. State and local expendi- be achieved by the beginning of that fis­ the Federal Register will be considered s“ all, in addition to the informa- cal year, together with a satisfactory before action is taken on the proposed on required under paragraph (b) of this assurance that such comparability will amendment. The proposal contained in m . show for each public school serv- be maintained during the period for this notice may be changed in the light of r«v[-c ^ c^ren are to participate in which such application is submitted. comments received. Projects under title I of the Act and for (e) An agency which has an alloca­ An official docket will be available for srh ^era-ge Public schools in the tion of less than $50,000 for the fiscal examination by interested persons at the vra^i s t r ic t serving corresponding year under Parts A, B, and C of title I Federal Aviation Administration, Office dM*«« e^s uot serving children un­ of the Act, and which is operating schools of the General Counsel, Attention: Rules title I of the Act, on the basis of whe/e children are not to be served under Docket, 800 Independence Avenue S W ,

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7864 PROPOSED RULE MAKING

Washington, DC 20590. An informal The Tullahoma transition area de­ The McComb control zone would be docket will also be available for examina­ scribed in § 71.181 (36 F.R. 2140) would designated as: tion at the office of the Regional Air be amended as follows: “ * * * southwest W i t h i n a 5-mile radius of McComb-Pike Traffic Division Chief. of the VOR.” would be deleted and “* * * County Airport (lat. 31°10'35" N„ long. If the airspace action proposed in this southwest of the VOR; within a 7-mile 90°28'08'' W.) ; within 2 miles each side of docket is adopted, V-324 would be desig­ radius of William Northern Field (lat. McComb VORTAC 234° radial, extending nated from the Norcross, Ga., VORTAC 35°23'00" N., long. 86°14'30" W . ) ; from the 5-mile-radius zone to the VORTAC. direct to the Athens, Ga,, VORTAC direct within 3 miles each side of Shelbyville The McComb transition area described to the Columbia, S.C., VORTAC. VOR 140° radial, extending from the 7- in § 71.181 (36 F.R. 2140) would be re­ The present airway system between At­ mile-radius area to 8.5 miles southeast designated as: lanta and Columbia requires aircraft to of Arnold VOR 226° radial; excluding the portion within Shelbyville transition That airspace extending upward from 700 be routed over Augusta, Ga., if they are feet above the surface within a 7 -m ile radius to proceed via airways. The traffic be­ area.” would be substituted therefor. of McComb-Pike County A irp o rt (lat. tween Atlanta and Columbia is increas­ The proposed alteration is required to 31°10'35" N, long. 90°28'08" W ). ing. The proposed airway would provide provide controlled airspace protection for a route for east-west traffic to bypass the IFR operations at William Northern The proposed designation and altera­ Augusta terminal area. Due to the ab­ Field. A prescribed instrument approach tion are required to provide controlled sence of terminal radar at Augusta and procedure to this airport, utilizing the airspace protection for IFR operations in Columbia, and limited Air Route Traffic Shelbyville VOR, is proposed in conjunc­ the McComb terminal area in conform­ Center radar in the Augusta/Columbia tion with the alteration of this transition ance with Terminal Instrument Proced­ area, better air traffic service can be pro­ area. ures (TERPs) and current airspace cri­ vided if the proposed airway is This amendment is proposed under the teria. The relocation of McComb Flight Service Station to McComb-Pike County established. authority of section 307(a) of the Fed­ This amendment is proposed under the eral Aviation Act of 1958 (49 U.S.C. Airport permits the designation of the authority of section 307(a) of the Fed­ 1348(a)) and of section 6(c) of the control zone. This amendment is proposed under the eral Aviation Act of 1958 (49 U.S.C. Department of Transportation Act (49 authority of section 307(a) of the Federal 1348(a)) and section 6(c) of the Depart­ U.S.C.1655(c)). ment of Transportation Act (49 U.S.C. Aviation Act of 1958 (49 U.S.C. 1348(a)) Issued in East Point, Ga., on April 15, and of section 6(c) of the Department of 1655(c)). » 1971. Transportation Act (49 U.S.C. 1655(c)). Issued in Washington, D.C., on Gordon A. Williams, Jr., Issued in East Point, Ga., on April 15, April 19,1971. Acting Director, Southern Region. H. B. Helstrom, 1971. [P R Doc.71-5784 Piled 4r-26-71;8:47 am] - ordon A. illiams Chief, Airspace and Air G W , Jr., Acting Director, Southern Region. Traffic Rules Division. [PR Doc. 71-5785 Filed 4-26-71:8:47 am] [P R Doc.71-5783 Piled 4-26-71;8:47 am] [1 4 CFR Part 71 1 [Airspace Docket No. 71-SO—56] [ 14 CFR Part 71 1 CONTROL ZONE AND TRANSITION [ 14 CFR Part 71 1 AREA [Airspace Docket No. 7J-SO-65] [Airspace Docket No. 71-SO-50] Proposed Designation and Alteration TRANSITION AREA TRANSITION AREA The Federal Aviation Administration Proposed Alteration Proposed Alteration is considering an amendment to Part 71 The Federal Aviation Administration The Federal Aviation Administration of the Federal Aviation Regulations that is considering an amendment to Part 71 is considering an amendment to Part 71 would designate the McComb, Miss., con­ of the Federal Aviation of the Federal Aviation Regulations that trol zone and alter the McComb, Miss., Regulations that would alter the Tullahoma, Tenn., transi­ transition area. would alter the Jacksonville, N.C., transi­ tion area. Interested persons may submit such tion area. Interested persons may Interested persons may submit such written data, views, or arguments as they submit such written data, views or arguments written data, views, or arguments as they may desire. Communications should be as they may desire. Communications may desire. Communications should be submitted in triplicate to the Federal should be submitted in triplicate to the Federal Aviation Administration, Southern Re­ submitted in triplicate to the Federal Aviation Administration, Southern Re­ Aviation Administration, Southern Re­ gion; Air Traffic Division, Post Office Box gion, Air Traffic Division, Post Office Box 20636, Atlanta, G A 30320. All communi­ gion, Air Traffic Division, Post Office 20636, Atlanta, G A 30320. All communi­ cations received within 30 days after Box 20636, Atlanta, G A 30320. All com­ munications received within 21 cations received within 30 days after pub­ publication of this notice in the Federal days after publication of this notice in lication of this notice in the Federal Register will be considered before action the ederal egister will be considered Register will be considered before action is taken on the proposed amendment. No F R be­ fore action is taken on the proposed is taken on the proposed amendment. No hearing is contemplated at this time, but amendment. No hearing is hearing is contemplated at this time, but arrangements for informal conferences contemplated at this time, but arrangements for in­ arrangements for informal conferences with Federal Aviation Administration formal conferences with Federal with Federal Aviation Administration officials may be made by contacting the Avia­ tion Ad ministration officials may officials may be made by contacting the Chief, Airspace and Procedures Branch. be made by contacting the Chief, Airspace Chief, Airspace and Procedures Branch. Any data, views, or arguments presented and Procedures Branch. Any data, Any data, views, or arguments presented during such conferences must also be views, o arguments presented during such con­ during such conferences must also be submitted in writing in accordance with ferences must also be submitted in writ­ submitted in writing in accordance with this notice in order to become part of the ing in accordance with this notice or­ this notice in order to become part of the record for consideration. The proposal in record for consideration. The proposal contained in this notice may be changed der to become part of the record for contained in this notice may be changed in light of comments received. consideration. The proposal contains in light of comments received. The official docket will be available for in this notice may be changed in light o The official docket will be available for examination by interested persons at the comments received. examination by interested persons at the Federal Aviation Administration, South­ The official docket will be available for Federal Aviation Administration, South­ examination by interested persons a ern Region, Room 724, 3400 Whipple e r n Region, Room 724, 3400 Whipple the Federal Aviation Administration, Street, East Point, GA. Street, East Point, GA.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 PROPOSED RULE MAKING 7865

Southern Region, Room 724, 3400 office of the Regional Counsel, Federal are due at about the same time and Whipple Street, East Point, GA. Aviation Administration, 5651 West which are occupying the efforts of The Jacksonville transition area de­ Manchester Avenue, Los Angeles, CA broadcasters and counsel,1 as well as scribed in § 74:181 (36 P.R. 2140) would 90045. Storer’s desire to do a thorough job in be redesignated as: The airspace requirements for the presenting the information concerning That airspace extending upward from 700 Tucson, Ariz., terminal area have been its stations’ children’s T V activities as feet above the surface withip. an 8.5-mile reviewed in accordance with U.S. Stand­ well as those of other stations in their radius of New River MCAS (lat. 34°42'25" ard for Terminal Instrument Procedures. markets, so as to comply with the Com­ N., long. 77°26'35" W .); within an 8.5-mile The review revealed that a small amount mission’s desire to have as much infor­ radius of Albert J. Ellis Airport (lat. of additional control zone is required to mation as possible. 34°49'49" N., long. 77°36'42" W .); within 3 provide controlled airspace protection miles each side of the 045° and 220° bearings 2. W e are of the view that, in view from Onslow RBN (lat. 34°49'53” N.f long. for aircraft executing the current V O R - of the circumstances, some additional 77“36'51" W .), extending from the 8.5-mile- A, NDB—A, and VOR/DM E-A instrument time is warranted, but not the full 90 radius area to 8.5 miles northeast and south­ approach procedures while operating be­ days requested by Storer. We call atten­ west of the RBN; excluding the portion low 1,000 feet above the surface. tion in this connection to the fact that within R-5$06 B and C. In consideration of the foregoing, the the petition which led to the Docket FAA proposes the following airspace 19142 proceeding was on file for nearly The proposed alteration is required to action. provide controlled airspace protection a year before Commission action, so that In § 71.181 (36 F.R. 2140) the descrip­ for IFR operations in the Jacksonville Storer and all television licensees knew tion of the Tucson, Ariz. (Tucson Inter­ terminal. Two prescribed instrument ap­ of it and could consider their positions; national Airport), control zone is proach procedures to Albert J. Ellis Air­ and the need for getting the pertinent amended as follows: port, utilizing the Onslow (Private) Non- material in this important area reason­ After the geographical coordinates of directiona1 Radio Beacon, are proposed ably soon. It appears that about 2 the Tucson International Airport, delete in conjunction with the alteration of this months should be sufficient. “ * * * within 2 miles each side of the transition area. 3. In view of the foregoing: It is or­ Tucson VORTAC 273° radial extending This amendment is proposed under the dered, Pursuant to authority contained from the 5-mile-radius zone to 14 miles authority of section 307 (a) of the Federal in sections 4(i) and 303 (r) of the Com­ west of the VORTAC; * * * ” and sub­ Aviation Act of 1958 (49 U.S.C. 1348(a)) munications Act of 1934, as amended, stitute therefor “ * * * within 3 miles and of section 6(,c) of the Department of that the datés for comments and reply each side of the Tucson VORTAC 273° Transportation Act (49 U.S.C. 1655 (c )). comments in this proceeding. Docket radial extending from the 5-mile-radius 19142, are extended, to and including Issued in East Point, Ga., on April 16, zone to 15 miles west of the VORTAC; 1971. * * *99 July 2, and August 2, 1971, respectively; and that the “Petition for Extension of Gordon A. Wilxiams, Jr., This amendment is proposed under the Time to File Comments”, filed herein on Acting Director, Southern Region. authority of section 307(a) of the Fed­ April 8,1971, by Storer Broadcasting Co., eral Aviation Act of 1958, as amended tPR Doc.71-5786 Piled 4-26-71;8:48 am] is granted to the extent indicated and in (49 U.S.C. 1348(a) ), and of section 6(c) all other respects is denied. of the Department of Transportation £ 14 CFR Part 71 ] Act <49 U.S.C. 1655(c)). Adopted: April 14,1971. {Airspace Docket No. 71-WE-26] Issued in Los Angeles, Calif., on Released : April 21,1971. April 16, 1971. CONTROL ZONE Federal Communications Arvin O. Basnight, Commission, Proposed Alteration Director, Western Region. Cseal] Ben F. Waple, Secretary. The Federal Aviation Administration [FR Doc.71-5787 Filed 4-26-71; 8:48 am] js considering an amendment to Part [FR Doc.71-5834 Filed 4-26-71;8:52 am ] <1 of the Federal Aviation Regulations that would alter the description of the Tucson, Ariz. (Tucson International Air­ port), control zone. FEDERAL COMMUNICATIONS Interested persons may participate in > FEDERAL TRADE COMMISSION the proposed rulemaking' by submitting COMMISSION such written data, views, or arguments as £ 16 CFR Part 433 1 they may desire. Communications should £ 47 CFR Part 73 1 PRESERVATION OF BUYERS’ CLAIMS be submitted in triplicate to the Chief, [Docket No. ”l9142, FCC 71-426] AND DEFENSES IN CONSUMER IN­ Airspace and Procedures Branch, Fed­ STALLMENT SALES eral Aviation Administration, 5651 West CHILDREN’S TELEVISION PROGRAMS Manchester Avenue-, Post Office Box Order Extending Time for Filing Notice of Additional Public Hearing »2007, Worldway Postal Center, Los An- Dates, Rescheduled Hearing Dates Seles, CA 90009. All communications re­ Comments and Reply Comments ceived within 30 days after publication and Extension of Time for Submit­ In the matter of petition of Action for ting Data, Views or Arguments Re­ ^ 1 1 {*ls notice in the Federal Register Children’s Television (AC T) for rule rm+i!e considered before action is taken making looking toward the elimination garding Proposed Trade Regulation on the proposed amendment. No public of sponsorship and commercial content Rule nearing is contemplated at this time, but in children’s programing and the estab­ arrangements for informal conferences Notice of a public hearing regarding lishment of a weekly 14-hour quota of the proposed Trade Regulation Rule was TOh Federal Aviation Administration children’s television programs, RM-1569. n .als may be made by contacting the published in the Federal Register Jan­ 1. Comments in this proceeding (36uary 26, 1971, on page 1211 (36 F.R. rinf10n-a* traffic Division Chief. Any F.R. 1429) are now due May 3,1971, with 1211). The notice also set forth the text hfa’ views> or arguments presented dur- reply comments due June 1, 1971. The of the proposed rule. s such conferences must also be sub- Commission has received a petition from noird ^ Writing to accordance with this Storer Broadcasting Co. (Storer), the m order become part of the licensee of a number of television sta­ 1 These Include the proceeding concern­ record for consideration. The proposal tions, asking for a 90-day extension of ing territorial exclusivity in nonnetwork to this notice may be changed the time for comments, to August 2, television programing (Docket 18179), com­ me light of comments received. 1971. The petition urges the usual ments of individual parties in the multiple ownership proceeding (Docket 18110), and p A ? ublic docket will be available for number of important rule making mat­ anMiation by interested persons in the two proceedings concerning renewal of ters now pending in which comments broadcast licenses, Dockets 19153 and 19154.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7866 PROPOSED RULE MAKING

Notice of an additional public hearing be submitted to the Assistant Director for chandise sold for consumption in the to be held on June 7-8, 1971, at the Fed­ Industry Guidance, Bureau of Consumer home market will generally be consid­ eral Trade Commission’s New York of­ Protection, Federal Trade Commission, ered to be an inadequate basis for com­ fices, Federal Building, 26 Federal Plaza, Pennsylvania Avenue and Sixth Street parison if it is less than 25 percent of New York, NY, was published in the F ed ­ NW., Washington, DC 20580. the quantity sold other than for exporta­ eral R eg ister April 7, 1971, on page 6592 To the extent practicable, persons tion to the United States. (36 F.R. 6592). The New York hearing filing written presentations or prepared This 25 percent rule was adopted by dates remain as announced. statements which are in excess of two the Treasury Department for purposes of The public hearing scheduled to be pages should submit 20 copies. administrative convenience. The Depart­ held in Washington, D.C., May 10-11, Copies of the original notice including ment has now concluded that continued 1971, has been rescheduled for Septem­ the proposed rule may be obtained upon rigid adherence to the 25 percent rule ber 20-21, 1971, commencing at 10 a.m., request to the Federal Trade Commission is inappropriate, for it is Treasury’s ex­ e.d.t., each day in Room 532 of the Fed­ at any of the addresses shown herein. perience that frequently the quantity of eral Trade Commission Building, Penn­ Issued: April 23, 1971. such or similar merchandise sold in the sylvania Avenue and Sixth Street, NW . home market, although less than 25 per­ Any person desiring to orally present his By direction of the Commission. cent of the quantity sold other than for views at the hearing should so inform the exportation to the United States, is more [ s e a l] C h a r le s A. T o b in , Assistant Director for Industry Guid­ Secretary. than adequate for purposes of making ance at the Commission’s address above, fair value comparisons. not later than September 13, 1971, and [FR Doc.71-5807 Filed 4-26-71;8:49 am] Accordingly, it is proposed to amend state the estimated time required for his § 153.4 of the Customs Regulations by oral presentation. In addition, all par­ deleting paragraph (b) and redesignat­ ties desiring to deliver a prepared ing paragraph (c) as paragraph (b). statement at the hearing should file such DEPARTMENT OF THE TREASURY (Secs. 205, 407, 42 Stat. 13, as amended, 18; statement with the Assistant Director for Bureau of Customs 19 U.S.C. 164, 173) Industry Guidance, on or before Septem­ ber 13, 1971. [ 19 CFR Part 153 1 This amendment is proposed to be ap­ The Federal Trade Commission has plied to all antidumping proceedings scheduled an additional hearing on the FAIR VALUE DETERMINATION IN with respect to which neither a decision, above-captioned rule to be held in Chi­ ANTIDUMPING INVESTIGATIONS final or tentative, nor a notice of with­ cago. The Chicago hearing will be held Notice of Proposed Rule Making holding of appraisement has been pub­ on July 12-14, 1971, commencing at 10 lished as of the date the amendment be­ a.m.,- e.d.t., each day in Room 204C, Section 205 of the Antidumping Act, comes effective. Everett M. Dirksen Building, 219 South 1921, as amended (19 U.S.C. 164), pro­ Dearborn Street, Chicago, IL. vides, inter alia, that the foreign market Prior to the issuance of the proposed All interested persons desiring to orally value of imported merchandise shall be amendment, consideration will be given present views at the hearing should so the price, at the time of exportation of to any relevant data, views, or argu­ inform Mr. Jerome S. Lamet, Assistant such merchandise to the United States, ments which are submitted in writing to Attorney in Charge, Federal Trade Com­ at which such or similar merchandise the Commissioner of Customs, 2100 K mission, Room 486, Everett M. Dirksen is sold “in the principal markets of the Street NW., Washington, DC 20226, and Building, 219 South Dearborn Street, country from which exported,” herein­ Chicago, EL 60604, not later than July 6, after referred to as the “home market.” received not later than 30 days from the 1971, and state the estimated time re­ Section 205 provides also that “* * * if date of publication of this notice in the quired for such oral presentation. Rea­ the Secretary [of the Treasury] deter­ F ederal R eg ist e r . N o hearing will be sonable limitations upon the length of mines that the quantity sold for home held. the time allotted to any person may be consumption is so small in relation to the imposed. In addition, all parties desiring quantity sold for exportation to coun­ [ s e a l ] M y l e s J. Ambrose, to deliver a prepared statement at the tries other than the United States as to Commissioner of Customs. hearing should file such statement with form an inadequate basis for compari­ Approved: April 23,1971. Mr. Lamet, on or before July 6, 1971. son,” then the foreign market value shall The Commission has extended from be the price at which such or similar E u g e n e T. R o s sid e s , June 1, 1971, until September 13, 1971, merchandise is sold for exportation to Assistant Secretary countries other than the United States. the closing date for the submission of of the Treasury. written data, views, or arguments con­ Section 153.4 of the Customs Regula­ cerning the proposed rule. These should tions (19 CFR 153.4) States that mer­ [FR Doc.71-5938 Filed 4-26-71;9:07 am]

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7867

N otices

authority (10 U.S.C. 2674) to all military and additions - expansions - extensions DEPARTMENT OF DEFENSE real property facilities. performed under the authority of 10 m . Definitions. A. The terms (1) al­ U.S.C. 2674, when family housing opera­ Office of the Secretary of Defense terations, ( 2) addition-expansion-exten­ tion and maintenance funds are used. FAMILY HOUSING PROJECTS sion, and (3) replacement used in this Instruction are as defined in DOD Direc­ M a u r ic e W . R o c h e , Director, Correspondence and (MINOR CONSTRUCTION) tive 7040.2 (reference (a) ) .l Directives Division, OASD B. “Family housing facilities” refer to Delegation of Authority To Approve Administration. Projects the physical properties described in DOD Directive 7150.4 (reference (d) ) 1 as in­ [FR Doc.71-5789 Filed 4-26-71:8:48 am] The Assistant Secretary of Defense ap­ cluded in the Defense Farfiily Housing proved the following delegation of au­ Program. thority April 7, 1971: IV. Approval authority. A. Pursuant to Refs.: 10 U.S.C. 2674, reference (e) 1 authorizes DEPARTMENT OF THE INTERIOR (a) DOD Directive 7040.2, “Program for the accomplishment of ( 1) alterations, Bureau of Land Management Improvement in Financial Management in ( 2) additions - expensions - extensions, the Area of Appropriations for Acquisition and (3) replacements to pertinent fam­ NEVADA and Construction of Military Real Property,” ily housing facilities under the major January 18, 1961. functional category, “Construction”. Notice of Proposed Classification; (b) DOD Directive 4270.24, “Operations Construction funds will be used. Correction and Maintenance Facilities Program— Minor B. For projects described under sec­ Construction Program— Programming, Re­ In F.R. Doc. 71-4032 appearing at view, and Reporting Procedure,” June 30, tion IV.A., above, authority is hereby page 5624 in the issue of Thursday, 1961 (under revision). delegated to the Secretary of each Mili­ March 25, 1971, the . land description (c) DOD Instruction 5100.37, “Delegation tary Department and the Director of “Sec. 16, S ^ N 1/^” should be “Sec. 16, of Authority To Approve Family Housing each Défense Agency to approve indi­ sy2sy2.” Projects Performed Pursuant to 10 U.S.C. vidual projects up to a maximum of 2674,” January 23, 1963 (hereby canceled). $50,000 per project within the limits pre­ For the State Director. (d) DOD Directive 7150.4, “Department of scribed below. This authority may be Defense Family Housing Program,” Octo­ H a r r y R . F in l a y s o n , ber 20, 1969. redelegated to an Assistant Secretary or District Manager. (e) DOD Instruction 7150.6, “Financing other statutory appointee of a Military [FR Doc.71—5764 Filed 4-26-71;8:46 am] the DOD Family Housing Program— Admin­ Department, or to comparable position istration and Management of Funds,” Octo­ in Defense Agencies and may be executed ber 20, 1969 (under revision). by such designee within the Secretariat (f) DOD Directive 5126.39, “Delegation of or comparable organizational compo­ Authority—Provision of Family Housing,” nent. Further delegation of this author­ DEPARTMENT OF AGRICULTURE March 4, 1971 (36 F.R. 4897). ity to a level of command below the Agricultural Research Service (g) Public Law 90-110, as amended, sec­ Military Department of Defense Agency tion 610(a). level, and above the installation level, PESTICIDE POISONING I. Reissuance and purposes. This In­may be made, subject to a limitation of Memorandum of Understanding To $25,000. struction reissues referrence (c) and re­ Avoid Incidents delegates certain authorities outlined 1. This delegation and redelegation of in reference (f). It increases the dollar authority is limited to $5,000 total ex­ Correction amounts of approval authority for pro­ penses within a 12-month period for any In F.R. Doc. 71-5447 appearing at page one dwelling unit (excepting restoration jects performed pursuant to 10 U.S.C. 7471 in the issue of Tuesday, April 20, 2674 in connection with the Department of damaged family housing), or for two 1971, the State of New Hampshire should of Defense Family Housing Program and or more units when such units are to be be included in the list of States which eliminates (a) reporting requirements on combined into or used as a single-family have executed a Memorandum of Under­ Projects which involve like alterations, housing unit. standing with the Agricultural Research additions-expansions, or replacements to 2. The provisions of section 610(a) of Service. more than one family unit and (b) re­ Public Law 90-110, as amended (refer­ strictions regarding alterations, repairs ence (g )), requiring specific authoriza­ and/or additions to leased houses in tion by law for projects exceeding a total foreign countries. With respect to this cost of $10,000 per housing unit for im­ Consumer and Marketing Service Wopam, the provisions of reference provements and concurrent repairs as MEAT INSPECTION (b) apply, subject to the further provi­ defined therein apply to all family hous­ sions prescribed herein. Reference (c) ing minor construction projects. Notice of Determination Not To Desig­ is hereby superseded and canceled. C. Any alteration, addition-expan­ nate Colorado and New Hampshire D. Applicability and scope. The pro­ sion-extension and replacement project On January 23, 1971, there was pub­ pertinent to family housing facilities visions of this Instruction apply to all lished in the F ederal R e g ist e r (36 F.R. which exceeds the project approval i-'OD Components and cover the physical 1165) a notice of intended designation Properties included in the Defense Fam - limitations set forth in IV.B., above, re­ of the States of Colorado and New Hamp­ y Housing Program as described by quires the prior approval of the Deputy shire under section 301(c) (1) of the Fed­ eference (d).1 This Instruction supple­ Assistant Secretary of Defense (Instal­ eral Meat Inspection Act (21 U.S.C. 661 ment reference (b ) 1 which governs the lations and Housing), OASD(I&L), in (c) (1) ). This notice was based on infor­ PPlication of minor construction coordination with the Deputy Assistant mation that Colorado and New Hamp­ Secretary of Defense (Comptroller), shire had not developed and activated OASD(Comp). f 08 part of original. Copies availabl State meat inspection requirements, with Po«+ ff-S- Naval Publications and Form D. DOD Instruction 7150.6, reference respect to operations and transactions lQiort a*801 Tabor Avenue, Philadelphia, Pi (e),1 enclosure 2, stipulates the limita­ wholly within these States at least equal ai2°, Attention: Code 300. tions involving incidential alterations to those imposed under titles I and TV

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 No. 81- 7868 NOTICES of the Act. Upon subsequent review by Done at Washington, D.C., on April 22, the date of issuance, Amendment No. 2 this Department of the meat inspection 1971. to Facility License No. DPR-7 dated Jan­ programs of the States of Colorado and Richard E. Lyng, . uary 21, 1969. The license authorizes the New Hampshire, it has been determined Assistant Secretary. Pacific Gas and Electric Co. to possess, that these States have now developed and [FR Doc.71-5801 Filed 4-26-71; 8:49 am] use, and operate the Humboldt Bay activated the prescribed State meat in­ Power Plant Unit No. 3 located in Hum­ spection requirements. boldt County, Calif., at steady-state Accordingly, there is not now a basis power levels up to a maximum of 240 for designation of the States of Colorado DEPARTMENT OF HEALTH, megawatts (thermal). The amendment and New Hampshire under section 301 revises the license (paragraph E) to de­ (c )(1 ) of the Act. EDUCATION, AND WELFARE lete the previously approved exemption from § 20.203(c) (2) of 10 CFR Part 20 Done at Washington, D.C., on April 22, Food and Drug Administration relating to caution signs, labels, and 1971. signals for high radiation areas, and ap­ ichard yng AMERICAN CYANAMID CO. R E. L , proves the use of Pacific Gas and Elec­ Assistant Secretary. Notice of Filing of Petition Regarding tric Co.’s alternate methods described in [FR Doc.71-5800 Filed 4r-26-71;8:49 am] Color Additive Pyrogallol and Ferric its application dated March 8, 1971, for Ammonium Citrate controlling access to temporary high ra­ diation areas established at the Hum­ MEAT INSPECTION Pursuant to provisions of the Federal boldt Bay Power Plant Unit No. 3 for Notice of Determination Not To Food, Drug, and Cosmetic Act (sec. 706 a period of 30 days or less, pursuant to Designate Louisiana (d), 74 Stat. 402 ; 21 U.S.C. 376(d)), the provisions of § 20.203(c) (5) of 10 notice is given that a petition (CAP No. CFR Part 20. On February 5, 1971, there was pub­ 13) has been filed by the Davis & Geek The Commission has found that the lished in the Federal Register (36 F.R. Division, American Cyanamid Co., Dan­ application for the amendment dated 2524) a notice of intended designation bury, Conn. 06813, proposing the issuance March 8,1971, complies with the require­ of the State of Louisiana under section of a color additive regulation (21 CFR ments of the Atomic Energy Act of 1&54, 301(c)(1) of the Federal Meat Inspec­ Part 8) to provide for the safe use and as amended (the Act), and the Com­ tion Act (21 UJS.C 661(c) (D ). This no­ exemption from certification of the color mission’s regulations published in 10 tice was based on information that Loui­ additive pyrogallol ( 1,2,3-trihydroxy ben­ CFR chapter I. The Commission has siana had not developed and activated zene) in v combination with ferric am­ made the findings required by the Act State meat inspection requirements, monium citrate for the purpose of color­ and the Commission’s regulations which with respect to operations and transac­ ing plain or chromic catgut sutures for are set forth in the amendment, and has tions wholly within the State, at least use in general and ophthalmic surgery. concluded that the issuance of the equal to those imposed under titles I and amendment will not be inimical to the Dated: April 15,1971. TV of the Act. Subsequently, it has been common defense and security or to the determined that the State of Louisiana Sam D. Fine, health and safety of the public. has now developed and activated the Associate Commissioner Within 15 days from the date of pub­ prescribed State meat inspection re­ for Compliance. lication of the notice in the Federal quirements. [FR Doc.71-5812 Filed 4r-26-71;8:50 am] Register, the applicant may file a re­ Accordingly, there is not now a basis quest for a hearing and any person whose for designation of the State of Louisiana interest may be affected by this proceed­ under section 301(c) (1) of the Act. PLOUGH, INC. ing may file a petition for leave to inter­ vene. Requests for a hearing and peti­ Done at Washington, D.C., on April Notice of Filing of Petition Regarding tions to intervene shall be filed in ac­ 122, 197L Color Additive Dihydroxyacetone cordance with the Commission’s rules of Richard E. Lyng, Assistant Secretary. Pursuant to provisions of the Federal practice in 10 CFR Part 2. If a request for a hearing or a petition for leave to inter­ {FR Doc.71-5799 Filed 4-28-71;8:49 am] Food, Drug, and Cosmetic Act (sec. 706(d), 74 Stat. 402; 21 U.S.C. 376(d)), vene is filed within the time prescribed notice is given that a petition (CAP No. in this notice, the Commission will issue MEAT INSPECTION 8) has been filed by Plough, Inc., 3022 a notice of hearing or an appropriate Jackson Avenue, Memphis, T N 38101, order. Notice of Determination Not To proposing the issuance of a color additive Designate North Carolina regulation (21 CFR Part 8) to provide For further details with respect to for the safe use and exemption from cer­ this amendment, see ( 1) the licensee’s On February 5, 1971, there was pub­ tification of the color additive dihydroxy­ application for license amendment dated lished in the Federal Register (36 F.R. acetone (l,3-dihydroxy-2-propanone) in March 8, 1971, and (2) the amendment 2524) a notice of intended designation topically applied drugs and cosmetics for to the facility license, which are avail­ of the State of North Carolina under sec­ the purpose of coloring the human body. tion 301(c)(1) of the Federal Meat In ­ able for public inspection at the Com­ spection Act (21 U.S.C. 661(c) (1) ). This Dated: April 15, 1971. mission’s Public Document Room at 171" notice was based on information that Sam D. Fine, H Street NW., Washington, DC. Copies North Carolina had not developed and Associate Commissioner of item ( 2) above may be obtained upon activated State meat inspection require­ for Compliance request sent to the U.S. Atomic Energy ments, with respect to operations and Commission, Washington, D.C. 20545, transactions wholly within the State, at [FRDoc.71-5813 Filed 4-26-71;8:50 am] least equal to those imposed under titles Attention: Director, Division of Reactor I and IV of the Act. Subsequently, it has Licensing. been determined that the State of North ATOMIC ENERGY COMMISSION Dated at Bethesda, Md„ this 16th day Carolina has now developed and acti­ [Docket No. 50-133] of April 1971. vated the prescribed State meat inspec­ PACIFIC GAS AND ELECTRIC CO. For the Atomic Energy Commission. tion requirements. Notice of Issuance of Facility License Peter A. Morris, Accordingly, there is not now a basis Director, for designation of the State of North Amendment Division of Reactor Licensing• Carolina under section 301(c) (1) of the The Atomic Energy Commission (the [F R Doc.71-5811 Filed 4-26-71;8:50 am] Act. Commission) has issued, effective as of

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7869

[Docket No. 50-171] riers from providing free transportation PHILADELPHIA ELECTRIC CO. CIVIL AERONAUTICS BOARO to agents under the guise of instructional [Docket No. 21288] and educational assistance provisions Notice of Issuance of Provisional contained in other cargo agency rules.1 Operating License Amendment AIRLIFT-CANADIAN AIRLIFT Since no substantive change in the ten­ AGREEMENT tative condition is involved, we will grant The Atomic Energy Commission (“the T W A ’s request for clarification, namely Commission”) has issued, effective as of Notice of Postponement of Oral that specific reference be made to the the date of issuance, Amendment No. 3 Argument appropriate agency provisions in order to Provisional Operating License No. to avoid any misunderstanding that At the request of Airlift International, DPR-12 dated January 24, 1966. The li­ might arise. Otherwise, the tentative Inc., oral argument in the above-entitled cense presently authorizes the Philadel­ conclusions in Order 71-4-18 are herein phia Electric Co. to possess, use and oper­ case now scheduled for May 5, 1971, is made final. indefinitely postponed. In its request, ate the Peach Bottom Atomic Power Accordingly, it is ordered, That: dated April 21, 1971, for further and in­ Station Unit No. 1 located in York 1. Agreement CAB 22186, R -l, be and definite deferral of this case, Airlift County, Pa., at power levels up to 115 hereby is approved: Provided, That free states that “within a reasonable time (60 megawatts (thermal). Amendment No. or reduced rate transportation for United to 90 *days) ” it expects to make a deci­ 3 deletes sections 4.C (Records) and 4.D States-based agents shall be limited to (Reports) of the license in their entirety sion as to whether it will proceed with the extent permitted by the provisions inasmuch as the recordkeeping and re­ this matter or request dismissal. of Resolution 203a and shall not be pro­ porting requirements are now included Dated at Washington, D.C., April 22, vided under entertainment or instruc­ in the technical specifications appended 1971. tion provisions of other cargo agency to the license. resolutions, e.g., Resolution 810b-section The Commission has found that the [ s e a l ] T h o m a s L. W r e n n , J, and Resolution 81 lb-paragraph (1) application for the amendment complies Chief Examiner. (e). with the requirements of the Atomic [FR Doc.71-5823 Filed 4r-26-71;8:51 am ] 2. Agreement CAB 22186, R-3, be and Energy Act of 1954, as amended (“the hereby is approved: Provided, That ap­ Act”), and the Commission’s regula­ proval shall not constitute approval of [Docket No. 22360] tions published in 10 CFR Chapter I. Resolution 203c, to which reference is The Commission has made the findings CHICAGO/ATLANTA-JAMAICA made but which has not yet been adopted required by the Act and the Commis­ SERVICE INVESTIGATION nor submitted to the Board for approval; sion’s regulations which are set forth in and the amendment, and has concluded that Notice of Oral Argument 3. Agreement CAB 22186, R-2, be and the issuance of the amendment will not hereby is approved. Notice is hereby given, pursuant to the be inimical to the common defense and provisions of the Federal Aviation Act This order will be published in the security or to the health and safety of of 1958, as amended, that oral argu­ F ederal R e g ist e r . the public. ment in the above-entitled matter is, as­ Within 15 days from the date of pub­ [ s e a l ] H a r r y J. Z i n k , signed to be held on May 12, 1971, at lication of the notice in the F ederal Secretary. 10 a.m., e.ds.t., in Room 1027, Univer­ Register, the applicant may file a re­ [FR Doc.71-5825 Filed 4-26-71;8:51 am] sal Building, 1825 Connecticut Avenue quest for a hearing and any person whose NW., Washington, DC, before the Board. interest may be affected by this proceed­ [Docket No. 19078; Order 71-4-132] ing may file a petition for leave to inter­ Dated at Washington, D.C., April 22, NORTHEAST CORRIDOR VTOL vene. Requests for a hearing and peti­ 1971. tions to intervene shall be filed in ac­ INVESTIGATION [ s e a l ] „ T h o m a s L. W r e n n , cordance with the Commission’s rules cf Chief Examiner. Order on Consolidation practice in 10 CFR Part 2. If a request for Adopted by the Civil Aeronautics a hearing or a petition for leave to in­ [FR Doc.71-5824 Filed 4-26-71;8:51 am] Board at its office in Washington, D.C., tervene is filed within the time prescribed on the 21st day of April 1970. ip this notice, the Commission will is­ [Docket No. 20993; Order 71-4-126] Allegheny Airlines, Inc., American Air­ sue a notice of hearing or an appropriate order. INTERNATIONAL AIR TRANSPORT ' lines, Inc., Eastern Air Lines, Inc., Inter­ state Airlift, Inc., Mohawk Airlines, Inc., For further details with respect to this ASSOCIATION Northwest Airlines, Inc., and Pan Ameri­ amendment, see ( 1) the licensee’s ap­ can World Airways, Inc., have filed plication for license amendment dated Order Regarding Cargo Sales Agents timely amended applications1 coupled December 15, 1970, (2) Amendment No. Issued under delegated authority with motions to consolidate, all conform­ 3 to the license and (3) Change No. 13 April 19, 1971. ing to the scope of Docket 19078, as modi­ ^ the technical specifications, all of By Order 71-4-18, dated April 2, 1971, fied by Order 70-9-44, September 8, 1970, which are available for public inspection action was deferred, with a view toward and as now constituted. No answers were at the Commission’s Public Document eventual approval subject to condition filed to the motions. Interstate Airlift, Room at 1717 H Street N W , Washing- in two instances, on ah agreement re­ Inc., has, in addition, moved to consoli­ ton- DC. Copies of item (2) and ( 3) may lating to cargo sales agents as adopted date its application, Docket 22637, which oe obtained upon request sent to the U.S. by the International Air Transport As­ seeks approval under section 408, of cer­ Atomic Energy Commission, Washing­ sociation (IA T A ). In deferring action on tain control relationships resulting from ton, D.C. 20545, Attention: Director, Di- the agreement 10 days were granted in 7181011 of Reactor Licensing. which interested persons might file peti­ 1 This condition is intended to achieve con­ Dated at Bethesda, Md., this 8th day of tions in support of or in opposition to the formity with action taken by the Board in April 1971. proposed actions. Order 69-7-77 with respect to passenger No petitions have been received within sales agents. For the Atomic Energy Commission. the filing period. However, by letter 1 Allegheny, Docket 19348, Amendment No. dated April 12, 1971, Trans World Air­ 1; American, Docket 19349, Amendment No. 1; D u d l e y T h o m p s o n , lines, Inc. (T W A ) requests clarification Eastern, Docket 19345, Amendment No. 1; Acting Assistant Director for Interstate Airlift, Docket 19346, Amendment of the tentative condition to be imposed Reactor Operations, Division No. 1; Mohawk, Docket 19341, Amendment of Reactor Licensing. upon approval of resolutions governing No. 1; Northwest, Docket 19343, Amendment reduced fares for cargo agents which No. 1; and Pan American, Docket 19338, [FR Doc.71-5810 Filed 4-26-71;8:50 am] would have the effect of precluding car­ Amendment No. 1.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7870 NOTICES the ownership by certain individuals of that the presiding Examiner should have a controlling interest in Interstate, and FEDERAL COMMUNICATIONS first hand exposure to the Spanish ac­ a controlling interest in various orga­ cents which are claimed to be “unintel­ nizations engaged in aviation activities COMMISSION ligible.” EEOC concludes that, in view of the petitioners’ limited finances, a field including, for example, Corsair Air Cargo [Docket No. 19143, FCC 71-384] Systems, Inc., which is a domestic and hearing should be permitted to allow live international air freight forwarder. No EQUAL EMPLOYMENT OPPORTUNITY witnesses to explain the human predica­ answers were filed to the motion to con­ COMMISSION ET AL. ment of discrimination. The Bureau also solidate. W e find that consolidation of urges that, if public groups are to be the applications identified above will be Memorandum Opinion and Order encouraged to make meaningful contri­ conducive to the proper dispatch of the Designating Matter for Hearing butions in cases such as this one, our Board’s business and to the ends of procedures must be fashioned reasonably justice, and will not unduly delay the 1. This proceeding involves the com­ to accommodate them. proceeding. plaints filed by the Equal Employment 4. The American Telephone and Tele­ Finally, on February 19, 1971, Altair Opportunity Commission, et al., alleging graph Co. (A.T. & T.) has filed an oppo­ Airlines, Inc., filed an application, Docket that the American Telephone and Tele­ sition, contending that the petitioners 23120 seeking certificate authority within graph Co. and its operating companies have failed to show a need for a field the scope of this proceeding, and also engage in discrimination in employment hearing. A.T. & T. asserts that this hear­ seeking authority to continue its non- against women, Negroes, Spanish sur- ing is concerned with patterns and prac­ certificated operations under Part 298 named Americans, and other minorities. tices of discrimination, not with indi­ in the event that its certificate appli­ On February 18, 1971, the California vidual complaints, that a field hearing cation is granted. Altair’s application Rural Legal Assistance and Mexican of 1 or 2 days devoted to local grievances is about 2Y2 months late.® The car­ American Legal Defense Fund, complain­ is unlikely to produce evidence of much rier claims, however, that it did not ing parties in this case, requested Chief probative value concerning such nation­ become aware of Order 70-11-111 Hearing Examiner Arthur A. Gladstone wide practices, and that the serious is­ until late in January 1971 in the to authorize a 2-day field hearing in sues in this case cannot be properly course of its participation in the Part 298 California. By his Order, FCC 71M-338, resolved through the airing of individual Weight Limitation Case, Docket 21761. released March 3, 1971, the Chief Hear­ grievances in a touring road show. Since W e have decided to consolidate Altair’s ing Examiner denied the request, stating the denial of a field hearing does not application since it is clearly within the that no need for a field hearing had been foreclose the petitioners from presenting scope of the issues in this proceeding and shown since the matters to be adduced evidence in this case by depositions and will not unduly expand the case. More­ at such a field hearing can be adequately interrogatories, A.T. & T. concludes that, over, since the prehearing conference in developed through the use of interroga­ at the very least, a field hearing should Phase n has not yet taken place, it is tories and depositions. not be permitted unless it is necessary clear that consideration of Altair’s late- 2. Now before us for consideration is- to adduce evidence not otherwise avail­ filed application will not prejudice any an application for review of the Chief able and as to which depositions would party. Finally, it is noted that no objec­ Hearing Examiner’s order.1 The peti­ not be adequate. . tions were filed to the motion to tioners assert that the refusal to allow 5. One of the primary matters in this consolidate. a field hearing: (a) Restricts the par­ case concerns alleged discrimination Accordingly, it is ordered, That: ticipation of civil rights groups in this against Spanish surnamed Americans 1. The motions to consolidate filed by hearing, (b) fails to appreciate the need which, as the petitioners assert, involves Allegheny Airlines, Inc., Altair Airlines, for live testimony by members of the questions as to their ability to speas Inc., American Airlines, Inc., Eastern Air Spanish speaking community and (c) is English clearly. While we agree with Lines, Inc., Interstate Airlift, Inc., a fundamental abuse of discretion. The A.T. & T. that this proceeding should not Mohawk Airlines, Inc., Northwest Air­ petitioners contend that the demeanor be turned into a forum for the expres­ lines, Inc., and Pan American World of the witnesses will be of substantial sion of local grievances unrelated to any national pattern of discrimination, it is Airways, Inc., be and they hereby are importance in this case, that the Spanish apparent that a bare written record granted; and accents of the witnesses will be a subject cannot adequately disclose the nuances 2. The following applications be and of examination, and that it would be preferable for the Examiner to preside of different witnesses’ abilities to ex­ they hereby are consolidated into Docket press themselves in English, which is an 19078 for hearing and decision: Docket personally over the taking of such tes­ timony. In addition, since they are non­ important element of petitioners’ case. 19348, Amendment No. 1; Docket No. Without considering whether any fur­ 19349, Amendment No. 1; Docket 19345, profit corporations operating on re­ ther request for a field hearing in this Amendment No. 1; Docket 19346, Amend­ stricted budgets, and since the refusal to hold a field hearing would curtail their case should be granted— that determina­ ment No. 1; Docket 19341, Amendment tion would of course depend upon tn No. 1; Docket 19343, Amendment No. 1; participation in this case, the petitioners conclude that a balancing of all interests showing made in support of such a re­ Docket 19338, Amendment No. 1; Docket quest— we are persuaded that a. neiu 22637; and Docket 23120. warrants a field hearing in this first case involving our rules prohibiting discrim­ hearing in California, for a period no This order shall be published in the inatory employment practices. to exceed 1 week, would be of substan­ tial assistance in determining whetne F ederal R e g ister . 3. The Equal Employment Opportunity there is in fact any pattern or practice Commission (EEOC) and the Common By the Civil Aeronautics Board. of discrimination against Spanish su - Carrier Bureau have filed responses in [ s e a l ] H a r r y J. Z i n k , named Americans.® Secretary. support of the petitioners’ request. EEOC argues that employers often refuse to 6. Accordingly, it is ordered: (a) That the application for review [FR Doc.71-5826 Filed. 4r-26-71;8:51 am] hire Spanish surnamed Americans be­ filed by the California Rural Legai As- cause of their alleged inability to speak sistance and the Mexican American English clearly, that it is not possible- 2 By Order 70-11-111, Nov. 23, 1970, the Legal Defense Fund on March 9, ia(1’ Board modified the scope of the Instant pro­ to explore this question in an adequate ceeding to consider applications from air taxi fashion by means of depositions, and is granted; ,no operators requesting a continuation of their (b ) That the Order, FCC exemption under Part 298 to provide non- voiAocpri hv Thief Hearing Examiner certificated operations in the event that they »The application for review was filed on are selected to provide all or part of the March 9, 1971, by the California Rural Legal 2 Since this is our first hearing metrofiight service at issue herein. Order Assistance and Mexican American Legal De­ allegations of discriminatory em ploy^ 70- 11-111 authorized the filing by interested fense Fund. The Equal Employment Oppor­ practices, we believe that a field h _ 2 on air taxi operators of applications within 10 tunity Commission and the Common Carrier particularly appropriate. However, this days after the service date of that order. Bureau filed responses in support of the ap­ should not be deemed a precedent wtn Certain air taxis filed applications, and those plication for review on March 17, 1971. The spect to any future proceeding lnv applications were consolidated by Order American Telephone and Telegraph Company similar questions. 71- 2-45, Feb. 9,1971. filed an opposition on March 17, 1971.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7871

Arthur A. .Gladstone on March 3, 1971, 1966 order1 designating Lamar’s renewal need here to restate the full treatment we is set aside; and application (BRCT-326) for hearing, gave these matters in our earlier opin­ (c) That the request of the California except that the issues were not specifi­ ions. But we think it clear that inserting Rural Legal Assistance and the Mexican cally limited to the 1961-64 period. The the former renewal issues into this mat­ American Legal Defense Fund for a field Board considered that it was free under ter would be inconsistent with both the hearing in California at a time and place Atlantic Broadcasting Co. (W U S T ), 5 Court’s mandate and our own rulings to be subsequently specified by the pre­ FCC 2d 717 (1966), to reach the merits of subsequent to that mandate. To do so siding Examiner is granted. Civic’s petition to enlarge issues because would improperly put Lamar back in the it believed that the question of the issues Adopted: April 14,1971. position of a renewal applicant fighting previously specified against Lamar had off new challengers. We find that the Released: April 21,1971. not been specifically considered in the Review Board’s order is inconsistent with Commission’s designation order herein [ seal! F ederal C ommunications the procedures which we have prescribed. and in its order denying reconsideration C o m m is s io n ,8 In view of the consideration which we thereof. The Board therefore held that B e n F. W a p l e , have given to these matters in our pre­ Secretary. it was appropriate to specify the issues vious orders, we hold that the Board requested by Civic, and, further that the erred to the extent that it granted Civic’s [PR Doc.71-5833 Filed 4-26-71;8:52 am] matters involved are relevant to Lamar’s petition to enlarge issues and added qualifications to receive a construction qualifying issues against Lamar. [Dockets Nos. 18845-18849; FCC 71-379] permit. The Board stated that it was 5. Accordingly, it is ordered, That the persuaded to add the issues essentially application for review filed by Lamar Life LAMAR LIFE BROADCASTING CO. because it read the Court of Appeal’s Broadcasting Co. on January 8, 1971, is ET AL. decision in Office of Communication of granted to the extent indicated herein. the United Church of Christ v. F.C.C., 6. It is further ordered, That the Re­ Memorandum Opinion and Order ------U.S. App. D.C. ------425 F. 2d 543 view Board’s memorandum opinion and Setting Aside Action (1969), as holding that the renewal appli­ order, FCC 70R-456, 26 FCC 2d 940, re­ cation of Lamar was unfinished busi­ In re applications of Lamar Life leased December 31, 1970, insofar as the ness which remained to be resolved. The Broadcasting Co., Jackson, Miss., Docket Board granted a petition to enlarge issues Board found “an apparent anomaly No. 18845, File Nos. BPCT-4320, B R C T - filed by Civic Communications Corp. on which could result if Lamar were ulti­ 326; Civic Communications Corp., Jack- May 22, 1970, and added issues against mately to be preferred in this proceeding son, Miss., Docket No. 18846, File No. Lamar Life Broadcasting Co., is set aside. and the Commission were required to BPCT-4305; Dixie National Broadcast­ rule on the accompanying renewal appli­ Adopted: April 14,1971. ing Corp., Jackson, Miss., Docket No. cation without the benefit of a record 18847, File No. BPCT-4317; Jackson Released: April 21,1971. under the same qualifying issues which Television, Inc., Jackson, Miss., Docket were specified earlier.” (footnote omit­ F ederal C ommunications No. 18848, File No. BPCT-4318; and ted) . C o m m is s io n ,3 Channel 3, Inc., Jackson, Miss., Docket [ s e a l ] B e n F . W a p l e , 4. W e believe that the Review Board No. 18849, File No. BPCT-4319; for a Secretary. construction permit. has incorrectly appraised the present status of Lamar and the Lamar renewal [FR Doc.71-5830 Filed 4r-26-71; 8:51am]. 1. The Commission has before it for application. As we read the Court's opin­ consideration: (a) The Review Board’s ions, the Court did not intend that we [Dockets Nos. 19204, 19205; FCC 71-387] memorandum opinion and order (36 F.R. re-try the Lamar renewal case, some­ 178), FCC 70R-456, 26 FCC 2d 940, re­ thing the Court could readily have de­ SILVER BEEHIVE TELEPHONE CO. AND leased December 31, 1970; (b) an appli­ creed if it believed such a course appro­ cation for review of the Board’s order, MOUNTAIN STATES TELEPHONE priate, but rather that consideration of AND TELEGRAPH CO. supra, filed by Lamar Life Broadcasting the renewal be terminated and new + +U11 January 2, 1971; (c) opposition applications for the channel be accepted, Memorandum Opinion and Order Jo the application for review filed by including a new application by Lamar Designating Applications for Con­ wvic Communications Corp., on Jan­ if the Commission should so permit. It uary 15, 1971; (d) comments of the solidated Hearing on Stated Issues was made clear by the Court that Lamar Broadcast Bureau filed on January 20, was to be a renewal applicant “in name In Re applications of Silver Beehive »71; and (e) a reply to the opposition only” and that all new applicants, in­ Telephone Co., Reno, Nevada, Docket No. «id comments filed by Lamar Life cluding Lamar, were to be treated as 19204, File No. 512-M-P-69; and the broadcasting Co. on January 21,1971. starting fresh with no advantage to Mountain States Telephone and Tele­ 2. A statement of the pertinent back­ Lamar because of its previous use of the graph Co., Phoenix, Ariz., Docket No. ground of this proceeding is set forth in channel. It was the light of this situa­ 19205, File No. 786-M-P-99; for a Public our memorandum opinion and order, tion that we did not reinstate the former Coast Class U I -B radio station to serve 24 FCC 2d 618, denying re- renewal issues, and that we specified the the Lake Powell, Arizona-Utah area. iOR^^a^ion the designation order treatment to be given Lamar’s past occu­ 1. Two applications have been filed for S 2d 101 (1970) > and need not be pancy of the channel. We thus stated in a Public Coast Class III-B station au­ repeated herein. the order of designation that the grant thorization to serve the Lake Powell area tin« ° n ^ ay 22, 1970, Civic Communica- or denial of the pending renewal appli­ on the Colorado River in the Glen Can­ oons corp. (Civic) filed with the Review cation (BRCT-326) for station W LB T yon National Recreation Area. Lake ooard a petition seeking, inter alia, en- would rest upon the determination made Powell is located partly in northern nr£f?leni;.of issues against Lamar Life in this hearing with respect to Lamar’s Arizona and partly in southern Utah. th^ t i n g Co. (Lamar) to determine new application for a construction per­ This class of station provides radiocom­ ,uPon Lamar’s basic qualiflca- mit (BPCT-4320) .2 W e further held that munication service for ships. Both ap­ ns of charges that in the years 1961- we did not think it reasonable or proper plicants have requested the same work­ Lamar’s programing had been unfair to re-try the renewal issue to permit ing frequency, 161.9 Mc/s. Neither ap­ fm,!!nous groups, particularly Negro Lamar to make a new attempt to show plicant has made a showing of need for tnmwSjand that kamar had discrimina- that it should be given a preference for more than one station to serve that area nitv denied such groups the opportu- above average performance. W e see no and we do not ordinarily authorize two for i°eal expression over its facili- stations to serve the same area unless an 1 Lamar Life Broadcasting Co., 3 FCC 2d os. Issues similar to those requested by affirmative showing of need for addition­ 784 (1966). al facilities is made. The applications are hue were specified in the Commission’s 2 Thisr language must be read in the light therefore mutually exclusive. Except for of the Court’s statement that Lamar is “a licensee in name only, and it is presumably in result ttun*ss*oner Johnson concurring in the such light that * * * [Lam ar] will take its »Commissioners Johnson and Houser dis­ place among competing applicants.” senting.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7872 NOTICES the issues hereinafter specified, both ap­ (4) Rates and charges; vision broadcast station, operating on plicants are otherwise qualified. (5) Qualifications of management, op­ the same channel in High Point, were 2. One application was filed on Juneerators, and other personnel; designated for hearing by Commission 20,1969, by the Silver Beehive Telephone (6) Interconnection with landline fa ­ Order, FCC 70-706, 35 F.R. 11277, pub­ Co. (Silver Beehive) as a division of The cilities; and lished July 14, 1970. Presently before the Telephone Co., Inc. and was amended on (7) Reliability and efficiency of service. Review Board is a petition to enlarge three occasions thereafter requiring pub­ b. To determine in the light of the issues, filed February 2, 1971, by South­ lic notice. The applicant proposes to op­ evidence adduced on the items in the ern, seeking the addition of misrepre­ sentation issues against Furniture City erate the station with a transmitter, and foregoing issue, which application should based on alleged misrepresentations of antenna on the Navaho tribal counsel be granted. fact with respect to the latter’s witness microwave tower, located on Navaho 6. It is further ordered, That the bur­ Mountain at an elevation of 10,388 feet, den of proceeding with the introduction list.1 and with a control point at Page, Utah, of evidence on issue a is placed on each 2. In support of its requests, Southern about 35 miles to the west, and a sec­ applicant insofar as the respective items alleges that Furniture City’s list of wit­ ondary control point at Bullfrog Basin, pertain to each of these parties. Issue b nesses which identifies those individuals Utah, about 40 miles to the north. In a is conclusory. who will testify for Furniture City as to letter received by the Commission on Au­ 7. It is further ordered, That the guide Southern’s programing and hiring prac­ gust 25, 1969, the Mountain States Tele­ and reference source for preparing ex­ tices is grossly misleading and represents phone and Telegraph Co. (Mountain Tel hibits showing the geographical area in an attempt to intentionally deceive the & Tel) commented on the application of which satisfactory ship-shore maritime Commission. Specifically, petitioner al­ Silver Beehive and asserts, in essence, communications can technically be ex­ leges the following concerning the 249 that ( 1) the applicant has no agreement changed will be the criteria contained in persons listed by Furniture City: (1) from the Navaho Tribe to operate a the Commission’s notice of proposed rule Approximately 20 individuals have vol­ transmitter on Navaho Mountain; (2) no making released August 28, 1970, in unteered to testify for Southern; (2) at arrangements have been made for con­ Docket 18944 which proposes technical least eight individuals were duplicated nections with a telephone network; (3) standards for the computation of serv­ within the list; (3) approximately 75 the station, operating from a single loca­ ice areas for Public Coast m -B stations. persons state that either they have never been contacted by Furniture City or, if tion, cannot adequately serve the area 8. It is further ordered, That to avail because of high mountains, vertical cliffs, themselves of an opportunity to be heard, contacted, had refused to testify*; (4) approximately 30 witnesses cannot be and shadow effects from hills and bluffs; Silver Beehive and Mountain Tel & Tel, located in the local telephone directory; (4) operation from such a high altitude pursuant to § 1.221(c) of the rules, shall, and (5) an additional 30 witnesses were would “overshoot” the required service within 20 days of the mailing of this described by only their last name and area and cause serious interference to order, file with the Commission in tripli­ home town.3 Thus, in view of the above other radio systems; and (5) that the ap­ cate a written appearance stating an in­ allegations, Southern insists that Furni­ plication should, therefore, not be tention to appear on the date set for ture City has intentionally misrepre­ granted. hearing and present evidence on the is­ sented those who will testify on its 3. The other application was filed on sue specified in this order. Pursuant to behalf, and is attempting to “plant the September 8, 1969, by Mountain Tel & § 1.221(c) of the rules, the Chiefs of the erroneous impression that there are 249 Tel. This applicant proposes to operate Safety and Special Radio Services Bu­ people who would testify adversely to the station from two transmitter antenna reau and the Common Carrier Bureau the programing and hiring practices locations on Lake Powell; one site at are parties to this proceeding and will of W G H P -T V .” Therefore, Southern be served copies of any filings or orders Page, Utah, at the lower end of the concludes, a misrepresentation issue is lake, elevation 4,320 feet, and the other made herein. required. site about 50 miles up the lake at a point Adopted: April 18, 1971. known as "Hole in the Rock,” elevation 3. In opposition, Furniture City first 4,515 feet. The control point for the sta­ Released: April 21, 1971. states that the disputed list was not com­ piled by chance or random selection, but tion would be located at Flagstaff, Ariz., F ederal C ommunications consists of those individuals who are in a about 100-150 miles to the south. C o m m is s io n , 4. Since the applications of Silver Bee­ position to testify as to the needs and in­ [ s e a l ] B e n F . W a p l e , terests of their respective organizations hive and Mountain Tel & Tel are mu­ Secretary. tually exclusive, a comparative eviden­ and the responsiveness of Southern tiary hearing is needed to determine [P R D oc.71-5831 Plied 4r-26-71;8:51 am ] thereto.4 Respondent has attached to its which of the two applications should be opposition a revised list of witnesses granted. W e do not consider that Moun­ proposed to be called by Furniture City tain Tel & Tel’s comment concerning in­ [Dockets Nos. 18906, 18907; FCC 71R—130] containing 235 names, and explains that the eight duplications that existed in the terference with other radio systems SOUTHERN BROADCASTING CO. AND raises a material or substantial question original list have been eliminated ana of fact since Lake Powell is located hun­ FURNITURE CITY TELEVISION CO., INC. dreds of miles inland and there are no Memorandum Opinion and Order 1 Other pleadings before the Board h>r c0“' other users of radio in that area operat­ Enlarging Issues sideration are (a) Comments filedfe ' ’ ing on VHF public coast station 1971, by the Broadcast Bureau; (b) oppo sition filed Feb. 19, 1971, by Furniture City, frequencies. In re applications of Southern Broad­ and (c) reply, filed Feb. 26,1971, by 5. Accordingly, it is ordered, That the casting Co. (W G H P -T V ), High Point, 2 Forty of these individuals have subn~ . above-entitled applications of Silver Bee­ N.C., Docket No. 18906, File No. B R C T - affidavits while the others were interviewee hive and Mountain Tel & Tel are desig­ 574, for renewal of broadcast license; and by two Southern representatives who, vn nated for hearing at a time and place to Furniture City Television Co., Inc., High selves, have submitted affidavits test y be specified in a subsequent order on the Point, N.C., Docket No. 18907, File No. to these interviews. filtv following issues. BPCT-4302, for construction permit for »Petitioner explains that Furniture . a. To determine which applicant willnew television broadcast station. has failed to comply with the 1. The mutually exclusive applications request that a name be accompaniea of provide the public with the best public one-line statement indicating tn coast station service based on the fol­ of Southern Broadcasting Co. (South­ testimony; Furniture City simply s lowing considerations: ern) for renewal of license of its tele­ a covering page. attached (1) Coverage area and its relation to vision broadcast station W G H P-T V , * Furniture City emphasizes the greatest number of potential users; operating on Channel 8 in High Point, to its list was a transmittal letter inc (2) Hours of service; N.C., and of Furniture City Television an inviation to aid petitioner “ ecti0n Co., Inc. (Furniture City), for a con­ should need any information in conn (3) Ability to effectively provide mari­ with the exhibits or the witness list. time mobile radio safety service; struction permit to establish a new tele­

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7873

that counsel for Furniture City assumes list, submitted with its opposition, con­ Adopted: April 16,1971. responsibility for such duplication; that tains the same names of those people certain names detailed in the original list who have sworn that they have never Released: April 21,1971. were misspelled and that these mistakes been contacted by Furniture City or, if F ederal C ommunications have now been corrected; and that the contacted, have refused to appear. C o m m is s io n ,® majority of the persons on the original Therefore, Southern reiterates its re­ [ s e a l ] B e n F. W a p l e , list were contacted, although in some in­ quest for the addition of misrepresen­ Secretary. stances the conversations were forgotten. tation issues. [P R Doc.71-5832 Piled 4-26-71;8:51 am] Finally, Furniture City states its inten­ 6. While the Review Board believes tion to speak with all of its proposed wit­ that the submission of a witness list of nesses as to their willingness to testify, 249 names containing the various defi­ and emphasizes that the important ques­ ciencies alleged by the petitioner is FEDERAL POWER COMMISSION tion here is whether or not Southern has clearly not conducive to the effective and sufficiently served the community in orderly conduct of the proceeding,® we [Docket No. CP71-221 ] question and that the testimony of those are of the opinion that these deficiencies ATLANTA GAS LIGHT CO. on the list is highly relevant to the reso­ do not warrant the addition of a misrep­ lution of that question. In conclusion, resentation issue. Nevertheless, we do Notice of Application Furniture City states that it went much concur with the Broadcast Bureau that A p r il 20, 1971. further than it was required to in supply­ Furniture City’s submission of its wit­ ing the witnesses’ identification to South­ ness list raises a substantial question as Take notice that on March 16, 1971, ern, and that there exists no basis for to whether Furniture City has abused Atlanta Gas light Co. (petitioner), At­ addition of the requested issue. Commission processes. Thus, as the Bu­ lanta, Ga., filed a petition for declaratory 4. While the Broadcast Bureau sup­ reau points out, the purpose of pretrial order of the Commission, pursuant to ports Southern’s request for a misrepre­ procedures, such as witness lists, is to § 1.7(c) of the rules of practice and pro­ sentation issue, it stresses in its com­ avoid trial by surprise and unnecessarily cedure, that certain proposed facilities ments that it believes Southern’s petition prolonging the hearing. And where, as and services in the area of McCaysville, has clearly depicted an abuse of the here, witness lists contain the names of Ga., will not be subject to Commission Commission’s processes. It points out persons who do not exist, are unaware jurisdiction and will not affect the ex­ that while it is true that a party is never of the proceeding, or have not agreed to emption previously issued Petitioner by compelled to call each and every witness testify, the personal time and resources the Commission, pursuant to section 1(c) set forth in a witness list, it is funda­ of other parties may be wasted, thereby of the Natural Gas Act, 14 FPC 1156 mental that the Hearing Examiner subverting the very purpose for which (1955). and the other parties be able to rely such lists are prepared. Not only does the Petitioner states that it plans to extend on the basic accuracy of the list; submission of such a list place a great its facilities to serve markets in Fannin a list as submitted by Furniture City burden on the other parties, but as the County, Ga., to include, among other would, insists the Bureau, require Bureau suggests, it may play an impor­ things, retail service to the area of needless pretrial preparation attempt­ tant part in the hearing if the Examiner McCaysville, near the Georgia-Tennessee ing to track down witnessses who do ends the testimony and determines that border, including Tennessee Copper Co., not exist, are unaware of the pro­ the remaining witnesses would submit the a division of Cities Service Co., which ceeding, or have not agreed to testify. same testimony as those who have al­ operates a copper smelting plant north of Further, the Bureau asserts that this ready testified. Finally, since it cannot be McCaysville. represents another abuse in that it is not determined from the pleadings whether Service to Copper Co. will be on an in­ unusual for an Examiner to cutoff fur­ Furniture City’s action was a deliberate terruptible basis for direct-fired applica­ ther testimony if he believes that the or an intentional attempt to harass tion in refining copper and other ores, remaining persons on the list will present Southern through use of Commission pursuant to a certificate issued by the essentially identical evidence, and at that procedures, the issue added on the Georgia Public Service Commission. point the record would reflect that the Board’s own motion will inquire into this Petitioner further states, as more fully remaining named individuals are avail­ matter and its effect on the applicant’s stated in the petition on file at the offices able to testify and that their answers to basic and comparative qualifications. of the Commission and available for in­ the same questions would be substantially 7. Accordingly, it is ordered, That the spection, that part of the proposed serv­ identical to those already on the record. petition to enlarge issues, filed Febru­ ice area and Copper Co.’s plant are lo­ Thus, the Bureau suggests that the ary 2, 1971, by Southern Broadcasting cated in an area which is within Georgia, Board, on its own motion, add an abuse Co. (W G H P -T V ), is denied; and according to Georgia law, and within of process issue. 8. It is further ordered, That, upon the Tennessee, according to the law of Ten­ 5. In reply, Southern first takes issue Review Board’s own motion, the issues nessee, making necessary the declaratory with Furniture City’s statement that its in this proceeding are enlarged to in­ order requested by Petitioner so as to witness list contains the names of wit­ clude the following issue: To determine avoid loss of its exemption under section nesses who will be used in a rebuttal whether, by the submission of its witness 1(c) of the Natural Gas Act, should it capacity when no requirement or stipu­ list, Furniture City Television Co., Inc., proceed with construction of facilities lation in this proceeding ever mentioned abused Commission processes, and if so, and services within the area described. an exchange of names of rebuttal wit­ to determine the effect of such action on Any person desiring to be heard or to nesses. Moreover, petitioner points out the basic and comparative qualifications make any protest with reference to said mat Furniture City has admitted that of Furniture City Television Co., Inc. to petition should on or before May 11,1971, the contacts with the so-called witnesses be a Commission licensee; and file with the Federal Power Commission, were made prior to the Examiner’s re- 9. It is further ordered, That the bur­ Washington, D.C. 20426, a petition to in­ Quest for a list, and actually the individ- den of proceeding with the introduction tervene or a protest in accordance with nais were interviewed not as prospective of evidence and the burden of proof under the requirements of the Commission’s witnesses but in regard to Furniture the issue added herein shall be on Furni­ rules of practice and procedure (18 CFR ttys ascertainment of community ture City Television Co., Inc. 1.8 or 1.10) and the regulations under the needs. Southern also questioned why Natural Gas Act (18 CFR 157.10). All tmuture City has not already spoken With all the witnesses as to their willing- 6 We note that the Hearing Examiner, by Order, FCC 71M-257, released Feb. 18, 1971, 8 Dissenting statement of Review Board v testify instead of waiting until the dismissed “all pleadings and documents by Member Nelson in which Board Member ha? been submitted. Finally, South- whomsoever filed appertaining to Furniture Kessler Joins is filed as part of the original ™ P°mts out that Furniture City’s new City’s proposed witnesses.” document.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7874 NOTICES protests filed with the Commission will to intervene or a protest in accordance (B ) The proceeding in Docket No. RI be considered by it in determining the with the requirements of the Commis­ 70-489 is terminated. appropriate action to be taken but will sion’s rules of practice and procedure By the Commission. not serve to make the protestants parties (18 CFR 1.8 or 1.10) and the regulations to the proceeding. Any person wishing to under the Natural Gas Act (18 CFR [ s e a l ] K e n n e t h F. P lu m b , become a party to a proceeding or to par­ 157.10). All protests filed with the Com­ Acting Secretary. ticipate as a party in any hearing therein mission will be considered by it in deter­ [F R Doc.71-5794 Filed 4-26-71;8;48 am] must file a petition to intervene in ac­ mining the appropriate action to be cordance with the Commission’s rules. taken but will not serve to make the pro­ testants parties to the proceeding. Any [Docket No. RP71-89] K e n n e t h F . P l u m b , person wishing to become a party to a Acting Secretary. NORTHERN NATURAL GAS CO. proceeding or to participate as a party in [FR Doc.71-5792 Filed 4-26-71;8:48 am ] any hearing therein must file a petition Order Granting Partial Reconsidera­ to intervene in accordance with the Com­ tion, Amending Suspension Period, [Docket No. CP71-249] mission’s rules. Denying Stay, and Determining Take further notice that, pursuant to Abandonment Issue; Correction MICHIGAN WISCONSIN PIPE LINE CO. the authority contained in and subject to the jurisdiction conferred upon the Fed­ M arch 20, 1971. Notice of Application eral Power Commission by sections 7 and In the order granting partial recon­ A p r il 21, 1971. 15 of the Natural Gas Act and the Com­ sideration, amending suspension period, Take notice that on April 14, 1971, mission's rules of practice and procedure, denying stay, and determining abandon­ Michigan Wisconsin Pipe Line Co. (ap­ a hearing will be held without further ment issue, issued March 19, 1971, and plicant), 1 Woodward Avenue, Detroit, notice before the Commission on this ap­ published in the F ederal R egister M I 48226, filed in Docket No. CP71- plication if no petition to intervene is March 31, 1971 (36 F.R. 5938), second 249 an application pursuant to section filed within the time required herein, if paragraph, change footnote “3” to ‘*2”. 7(c) of the Natural Gas Act for a cer­ the Commission on its own review of the In the footnote, change the reference tificate of public convenience and neces­ matter finds that a grant of the certifi­ “3” to “2”. sity authorizing the construction and cate is required by the public conveni­ K e n n e t h F. P lum b, operation of certain natural gas facilities ence and necessity. If a petition for leave Acting Secretary. to intervene is timely filed, or if the Com­ to enable applicant to connect to its pipe­ [FR Doc.71-5795 Filed 4-26-71:8:48 am] line system a new supply of natural gas mission on its own motion believes that from offshore Louisiana, all as more fully a formal hearing is required, further set forth in the application which is on notice of such hearing will be duly given. file with the Commission and open to Under the procedure herein provided FEDERAL RESERVE SYSTEM public inspection. for, unless otherwise advised, it will be Specifically, applicant proposes to pur­ unnecessary for applicant to appear or be FIRST ALABAMA BANCSHARES, INC. chase and receive natural gas from the represented at the hearing. Order Approving Action To Become Superior Oil Co. (Superior) at a produc­ K e n n e t h F. P l u m b , Bank Holding Company ing platform in Block 72, Block 71 Meld, Acting Secretary. West Cameron Area, offshore Louisiana. [FR Doc.71-5793 Filed 4-26-71:8:48 ami In the matter of the application of Applicant states that in order to receive First Alabama Bancshares, Inc., Bir­ this gas it will be necessary to construct mingham, Ala., for approval of action and operate approximately 16.5 miles of [Docket No. RI70-489] to become a bank holding company 30-inch pipeline extending in a generally JOSEPH P. MUELLER through the acquisition of 80 percent or northeasterly direction from the Block more of the voting shares of The Fust 71 Field to a point on the 20-inch West Order Permitting Withdrawal of In­ National Bank of Montgomery; Ex­ Cameron Block 68 pipeline owned by creased Rate Filing and Terminat­ change Security Bank, Birmingham; and The First National Bank of Huntsville, Tennessee Gas Pipeline Co. (Tennessee), ing Proceeding Cameron Parish, La. Applicant proposes all in Alabama. . A p r il 20,1971. to transport natural gas and condensate There has come before the Board oi from the producing platform onshore, On March 17, 1971, Joseph P. Mueller Governors, pursuant to section 3(a) (D then redeliver the condensate to Superior (Movant) filed a motion requesting that of the Bank Holding Company ACi and deliver between 50,000 to 80,000 Mcf he be permitted to withdraw his in­ of 1956 (12 U.S.C. 1842(a)(1)) ana of natural gas per day to Tennessee. Pur­ creased rate filing, designated as Sup­ § 222.3(a) of Federal Reserve Regula­ suant to an exchange agreement between plement No. 6 to his FPC Gas Rate tion Y (12 CFR 222.3(a)), an application Tennessee and applicant, Tennessee will Schedule No. 1, since such filing was not by First Alabama Bancshares, Inc., Bir­ concurrently redeliver to applicant, at an contractually authorized, and that the mingham, Ala., for the Board’s prior existing point of interconnection at above-entitled proceeding be terminated. approval of action whereby applicant, Avalon, St. Mary Parish, La., equivalent In support of his request, Movant states would become a bank holding company volumes of natural gas. that said Supplement No. 6, which re­ through the acquisition of 80 P^cent ^ Applicant states that it will also be flects reimbursement of the Texas pro­ more of the voting shares of The i u necessary to construct and operate 0.2 duction tax levied October 1, 1969 for National Bank of Montgomery; mile of 12-inch pipeline to connect with M r jurisdictional sale of natural gas change Security Bank, Birmingham; ana the producing platform and 6.7 miles of to Florida Gas Transmission Co., was The First National Bank of Hunts vine, 30-inch loop on its Krotz Springs line suspended and placed in effect subject to all in Alabama. _ , as minor reinforcements of its transmis­ refund in Docket No. RI70—489. How­ As required by section 3(b) of sion capacity. ever, Movant advised that no monies the Board gave written notice of rece p The estimated cost of the facilities have been collected subject to refund. . of the application to the ComptroUe proposed herein is $8,592,000 which cost The Commission finds: Good cause the Currency and to the Superintendent applicant states will be financed with exists for granting Movant’s motion filed of Banks for the State of Alabama ana bank borrowings and internally gen­ herein on March 17, 1971, as hereinafter requested their views and recommence tions. The Comptroller recommended ap erated funds. ordered. The Commission orders: proval; the Superintendent replied Any person desiring to be heard or to since, under the law, it appeared make any protest with reference to said

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 2 7 , 1971 NOTICES 7875

Notice of receipt of the application was shares) of the voting shares of the suc­ Commissioner recommended approval of published in the F ederal R e g ister on cessor by merger to The First National the application. July 29,1970 (35 F.R. 12163), which pro­ Bank of Danville, Danville, Va. Notice of receipt of the application was vided an opportunity for interested per­ Section 3(c) of the Act provides that published in the F ederal R eg ister on sons to submit comments and views with the Board shall not approve: March 6, 1971 (36 F.R. 4525), providing respect to the proposed transaction. The (1) Any acquisition or merger or con­ an opportunity for interested persons to Order for Hearing was published in the solidation under section 3 which would submit comments and views with respect Federal R egister on September 9, 1970 result in a monopoly, or which" would be to the proposal. A copy of the application (35 Fit. 14241), and all persons desiring in furtherance of any combination or was forwarded to the U.S. Department of to give testimony, present evidence or conspiracy to monopolize or to attempt Justice for its consideration. Time for otherwise participate in the hearings to monopolize the business of banking in filing comments and views has expired held in Birmingham, Ala., on Septem­ any part of the United States, or and all those received have been con­ ber 22-29, 1970, were permitted to do so. (2) Any other proposed acquisition or sidered by the Board. A copy of the application was forwarded merger or consolidation under section 3 The Board has considered the applica­ to the U.S. Department of Justice for its whose effect in any section of the country tion in the light of the factors set forth in consideration. The time for filing com­ may be substantially to lessen competi­ section 3(c) of the Act, including the ef­ ments and views has expired and all tion, or to tend to create a monopoly, or fect of the proposed .acquisition on com­ those received, the entire record of the which in any other manner would be in petition, the financial and managerial hearing, including the transcript, exhib­ restraint of trade, unless the Board finds resources and future prospects of the its, exceptions, rulings, all briefs and that the anticompetitive effects of the Applicant and the banks concerned, and memoranda filed in connection with the proposed transaction are clearly out­ the convenience and needs of the com­ hearing, and the Recommended Decision, weighed in the public interest by the munities to be served. Upon such con­ findings of fact and conclusions of law probable effect of the transaction in sideration, the Board finds that: filed by the Hearing Examiner have been meeting the convenience and needs of the Applicant, the fifth largest banking considered by the Board. Excluded from community to be served. organization in Florida, controls 17 banks consideration are allegations made . by Section 3(c) further provides that, in which hold combined deposits of approx­ counsel in briefs filed on the Recom­ every case, the Board shall take into con­ imately $493 million, representing 4.1 mended Decision, which allegations were sideration the financial and managerial percent of the total deposits held by not part of the record at the hearing, resources and future prospects of the Florida’s commercial banks. (All banking and which are not properly subject to company or companies and the banks data are as of June 30, 1970, adjusted to administrative notice by the Board. concerned, and the convenience and reflect holding company formations and It is hereby ordered, For the reasons needs of the community to be served. acquisitions approved by the Board set forth in the Board’s statement1 of Not later than thirty (30) days after through March 31,1971.) Upon acquisi­ this date, that said application be and the publication of this notice in the F ed­ tion of Bank (deposits $13.3 million), Ap­ hereby is approved: Provided, That the eral R e g ister , comments and views re­ plicant would remain the fifth largest action so approved shall not be consum­ garding the proposed acquisition may be banking organization and its control of mated (a) before the 30th calendar day filed with the Board. Communications deposits in the State would increase following the date of this order or (b) should be addressed to the Secretary, slightly to 4.2 percent. later than 3 months after the date of Board of Governors of the Federal Re­ Bank, which operates one office in this order, unless such period is extended serve System, Washington, D.C. 20551. Jacksonville, is the 15th largest of 29 for good cause by the Board, or by the The application may be inspected at the banks and the 10th largest of 13 banking Federal Reserve Bank of Atlanta pur­ office of the Board of Governors or the organizations in Duval County with ap­ suant to delegated authority. Federal Reserve Bank of Richmond. proximately 1 percent of the deposits in By order of the Board of Governors,2 By order of the Board of Governors, the county. Acquisition of Bank by Ap­ April 20, 1971. April 21, 1971. plicant will mark its initial entry into the Jacksonville area, and the nearest [seal] K e n n e t h A . K e n y o n , [ s e a l ] K e n n e t h A. K e n y o n , subsidiary of Applicant is located ap­ Deputy Secretary. Deputy Secretary. proximately 70 miles southwest of Bank. [FR Doc.71-5821 Filed 4r-26-71;8:51 am] [FR Doc.71-5761 Filed 4-26-71;8:45 am ] Because of the distances involved, Flor­ ida law which prohibits branch banking, and other facts of record, it appears that FIRST & MERCHANTS CORP. FIRST AT ORLANDO CORP. consummation of the proposal herein would not result in the elimination of Notice of Application for Approval of Order Approving Acquisition of Bank Stock by Bank Holding Company any significant present competition nor Acquisition of Shares of Bank the foreclosure of any significant poten­ Notice is hereby given that application In the matter of the application of tial competition between Bank and any has been made, pursuant to section 3(a) First at Orlando Corp., Orlando, Fla., for of Applicant’s subsidiaries. In fact, ac­ (3) of the Bank Holding Company Act approval of the acquisition of at least 30 quisition of Bank by Applicant may serve of 1956 (12 U.S.C. 1842(a) (3 )), by First percent of the voting shares of St. Johns to enhance competition between Appli­ «Merchants Corp., which is a bank hold- River Bank, Jacksonville, Fla. cant and three other large holding mg company located in Richmond, Va., There has come before the Board of companies which are dominant in the tor prior approval by the Board of Gov- Governors, pursuant to section 3 (a )(3 ) Jacksonville area. of the Bank Holding Company Act of i!m0rs a-oQuisition by applicant of On the record before the Board, con­ RIO percent (less directors’ qualifying 1956 (12 U.S.C. 1842(a) (3 )), and § 222.3 siderations relating to the financial con­ (a) of Federal Reserve Regulation Y dition, management, and prospects of Filed as part of the original document, (12 CFR 222.3(a)), the application of Applicant, its present subsidiaries and opies available upon request to the Board First at Orlando Corp., Orlando, Fla. Bank are consistent with approval of the Governors of the Federal Reserve System, (applicant), a registered bank holding application. Although b an k in g needs of «aington, D.C. 20551, or to the Federal company, for the Board’s prior approval the Jacksonville area appear to be ade­ eserve Bank of Atlanta. Concurring St ate- of the acquisition of at least 80 percent quately served, consummation of the « Gi Governor Brimmer and Dissenting of the voting shares of St. Johns River proposed acquisition would facilitate the wwement of Governors Robertson and Bank, Jacksonville, Fla. (bank). offering of larger loans and enable Bank alS0 ^ led 68 Part ° f the original docu- available upon request, As required by section 3 (b) of the Act, to become an additional alternative the Board gave written notice of receipt an/« g for this action: Chairman Burns source for services such as trust advice, ann r°vern°rs Mitchell, Daane, Brimmer, of the application to the Florida State data processing, and international bank­ (.Ghermì. Voting against this action: Commissioner of Banking and requested ing. It is the Board’s judgment that the ernors Robertson and Maisel. his views and recommendation. The proposed transaction would be in the

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 No. 81------y 7876 NOTICES

filed with the Board. Communications public interest, and that the application By order of the Board of Governors* should be approved. should be addressed to the Secretary, April 20,1971. It is hereby ordered, For the reasons Board of Governors of the Federal Re­ set forth above, that said application be serve System, Washington, D.C. 20551. [ s e a l ] K e n n e t h A . K e n y o n , and hereby is approved: Provided, That The application may be inspected at the Deputy Secretary. the action so approved shall not be con­ office of the Board of Governors or the [FR Doc.71-5760 Filed 4-26-71;8:45 am] summated (a) before the 30th calendar Federal Reserve Bank of Atlanta. day following the date of this order or By order of the Board of Governors, (b) later than 3 months after the date April 20, 1971. of this order, unless such time shall be extended for good cause by the Board, or [ s e a l ] K e n n e t h A . K e n y o n , GENERAL SERVICES by the Federal Reserve Bank of Atlanta Deputy Secretary. pursuant to delegated authority. [FR Doc.71-5759 Filed 4r-26-71;8:45 am] ADMINISTRATION By order of the Board of Governors,1 [Federal Property Management Regs.; Temporary Reg. F-99] April 20, 1971. MIDWEST BANCORPORATION, INC. [ s e a l ] K e n n e t h A. K e n y o n , SECRETARY OF DEFENSE Deputy Secretary. Order Approving Acquisition of Bank Stock By Bank Holding Company Delegation of Authority [PR Doc.71-5758 Filed 4-26-71;8:45 am] In the matter of the application of 1. Purpose. This regulation delegates Midwest Bancorporation, Inc., Kansas authority to the Secretary of Defense FIRST AT ORLANDO CORP. City, Mo., for approval of acquisition of to represent the consumer interests of the Federal Government in a rate sched­ Notice of Application for Approval of over 80 percent of the voting shares of Community State Bank, Kansas City, ule proceeding. Acquisition of Shares of Bank Mo. 2. Effective date. This regulation is ef­ Notice is hereby given that application There has come before the Board of fective immediately. has been made, pursuant to section Governors, pursuant to section 3 (a )(3 ) 3. Delegation, a. Pursuant to the au­ 3(a)(3) of the Bank Holding Company of the Bank Holding Company Act of thority vested in me by the Federal Prop­ erty and Administrative Services Act of Act of 1956 (12 U.S.C. 1842(a)(3)), by 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 1949, 63 Stat. 377, eus amended, partic­ First at Orlando Corp., which is a bank (a) of Federal Reserve Regulation Y ularly sections 201(a)(4) and 205(d) holding company located in Orlando, (12 CFR 222.3(a)), an application by Fla., for prior approval by the Board of Midwest Bancorporation, Inc., Kansas (40 U.S.C. 481(a)(4) and 486(d)), au­ Governors of the acquisition by appli­ City, Mo., a registered bank holding com­ thority is delegated to the Secretary of Defense to represent the interests of the cant of 100 percent (less directors’ qual­ pany, for the Board’s prior approval of ifying shares) of the voting shares of acquisition of over 80 percent of the Federal Government before the Florida Public Service Commission in a proceed­ The Fort Pierce Bank, Fort Pierce, Fla., voting shares of Community State Bank, ing involving the billing provisions con­ a proposed new bank. Kansas City, Mo. tained in the tariff of Gulf Power Co. Section 3(c) of the Act provides that As required by section 3(b) of the Act, (Docket No. 70543-EU). the Board shall not approve: the Board gave written notice of receipt (1) Any acquisition or merger or con­ of the application to the Commissioner b. The Secretary of Defense may re­ solidation under section 3 which would of Finance of the State of Missouri and delegate this authority to any officer, result in a monopoly, or which would be requested his views and recommendation. official, or employee of the Department in furtherance of any combination or The Commissioner responded that he had of Defense. conspiracy to monopolize or to attempt no objection to approval of the c. This authority shall be exercised in to monopolize the business of banking in application. accordance with the policies, procedures, any part of the United States, or Notice of receipt of the application and controls prescribed by the General (2) Any other proposed acquisition or was published in the F ederal R eg ister Services Administration, and, further, merger or consolidation under section 3 on March 4, 1971 (36 F.R. 4314), which shall be exercised in cooperation with the whose effect in any section of the country provided an opportunity for interested responsible officers, officials, and em­ may be substantially to lessen competi­ persons to submit comments and views ployees thereof. tion, or to tend to create a monopoly, or with respect to the proposed transaction. Dated: April 20, 1971. which in any other manner would be in A copy of the application was forwarded restraint of trade, unless the Board finds to the U.S. Department of Justice for its R obert L. K u n zig , that Jhe anticompetitive effects of the consideration. The time for filing com­ Administrator of General Services. proposed transaction are clearly out­ ments and views has expired and all [FR Doc.71-5763 Filed 4-26-71;8:45 am] weighed in the public interest by the those received have been considered by probable effect of the transaction in the Board. meeting the convenience and needs of It is hereby ordered, For the reasons the community to be served. set forth in the Board’s statement1 of SMALL BUSINESS Section 3(c) further provides that, in this date, that said application be and every case, the Board shall take into hereby is approved: Provided, That the ADMINISTRATION consideration the financial and man­ acquisition so approved shall not be con- [Declaration of Disaster Loan Area 816 agerial resourced and future prospects of sumated (a) before the 30th calendar (Class B) ] the company or companies and the banks day following this order, or (b) later concerned, and the convenience and than 3 months after the date of this MAINE needs of the community to be served. order, unless such period is extended for Declaration of Disaster Loan Area Not later than thirty (30) days after good cause by the Board, or by the Fed­ the publication of this notice in the F ed ­ eral Reserve Bank of Kansas City pur­ Whereas, it has been reported that eral R eg ist e r , comments and views re­ suant to delegated authority. during the month of April 1971, because garding the proposed acquisition may be of the effects of certain disasters damage 1 Filed as part of the original document. 2 Voting for this action: Chairm an Burns 1 Voting for this action: Chairman Burns Copies available upon request to the. Board and Governors Robertson, Daane, Maisel, of Governors of the Federal Reserve System, and Governors Robertson, Daane, Brimmer, and Sherrill. Absent and not vot­ Washington, D.C. 20551, or to the Federal Brimmer and Sherrill. Absent and not voting* ing: Governor Mitchell. Bank of Kansas City. Governor Mitchell.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7 8 7 7

resulted to residences and business prop­ 2. Applications for disaster loans un­requirement of § 388.5 of the Export erty located in the State of M aine;. der the authority of this Declaration will Control Regulations regarding contents Whereas, the Small Business Adminis­ not be accepted subsequent to Septem­ of an answer to a charging letter. Pur­ tration has investigated and has received ber 30, 1971. suant to § 388.4 of said regulations, re­ other reports of investigations of condi­ Dated: April 14,1971. spondent was held in default, in accord­ tions in the areas affected; ance with the usual practice in default Whereas, after reading and evaluating T h o m a s S. K l e p p e , cases, an informal hearing was held reports of such conditions, I find that the Administrator. before the Compliance Commissioner at conditions in such areas constitute a ca­ [FR Doc.71-5766 Filed 4-26-71;8:46 am ] which time evidence in support of the tastrophe within the purview of the charge was presented on behalf of the Small Business Act, as amended. Government. Now, therefore, as Administrator of the The Compliance Commissioner, after Small Business Administration, I hereby DEPARTMENT OF COMMERCE considering the record of the case, sub­ determine that: mitted to the undersigned a report which 1. Applications for disaster loans Bureau of International Commerce summarizes the essential evidence and under the provisions of section 7(b) (1) [Case No. 417] includes findings of fact and conclusions. of the Small Business Act, as amended, The Compliance Commissioner recom­ may be received and considered by the KARL DANIA mended the sanction that should be im­ office below indicated from persons or posed. firms whose property situated in the Order Denying Export Privileges After considering the record in the town of Phillips, Maine, suffered damage Tn the matter of Karl Dania, Mariahil- case, and in accordance with the recom­ or destruction resulting from fire oc­ ferstrasse 95, Vienna 6, Austria, Re­ mendation of the Compliance Commis­ curring on April 10, 1971. spondent. sioner, I make the following: O ffice ✓ On November 2Q, 1970, the Director F in d in g s o f F act Small Business Administration District Office, Investigations Division, Office of Export 40 Western Avenue, Augusta, ME 04330. Control, issued a charging letter against 1. The respondent Karl Dania, is en­ the above respondent in which a viola­ gaged in the import-export business in 2. Applications for disaster loans under Vienna, Austria. the authority of this Declaration will tion of the Export Control Act of 19491 and the regulations thereunder are 2. On April 19, 1966, the respondent, not be accepted subsequent to October acting through another party, ordered 31,1971. charged. It is alleged, in substance, that in July 1966 a U.S. supplier exported from a U.S. supplier an oscilloscope and Dated: April 15, 1971. from New York to the respondent in Vi­ accessories valued at $5,300. On July 15, enna, Austria, an oscilloscope with ac­ 1966, the U.S. supplier exported the T h o m a s S. K l e p p e , equipment from New York to Vienna, Administrator. cessories valued at $5,300; that on Au­ gust 11, 1966, on instructions issued by Austria. On instructions from respond­ [PR Doc.71-5765 Filed 4-26-71;8:46 am] respondent to the freight forwarder, Ex­ ent, the named consignee in Austria, to press Internationale Spedition G.m.b.H. whom the exportation was made, was the party who had ordered the goods on [Declaration of Disaster Loan Area 815 (Express), Vienna, Austria, the equip­ (Class B ) ] ment was forwarded by Express from respondent’s behalf. On arrival of the Austria to the U.S.S.R.; that in the goods in Vienna, they were placed in SOUTH DAKOTA course of an. official investigation con­ bond subject to disposition on instruc­ tions from respondent. Declaration of Disaster Loan Area cerning the disposition of said commodi­ ties the respondent stated to an official 3. After arrival of the goods in Vienna, Whereas, it has been reported that of the United States Government that the they were in storage until August 11, during the month of March 1971, because equipment in question had been shipped 1966. On instructions from respondent of the effects of certain disasters damage to Lebanon; that said statement was the goods were turned over to the freight resulted to residences and business prop­ false since respondent knew that pur­ forwarding firm Express Internationale erty located in the State of South suant to his instructions the equipment Spedition G.m.b.H. of Vienna. Also on Dakota; had been shipped to the U.S.S.R. It is instructions from respondent, the goods Whereas, the Small Business Adminis­ charged that the making of such false were forwarded by said freight forwarder tration has investigated and has received statement in these circumstances was a to a consignee in.the U.S.S.R. other reports of investigations of condi­ violation of § 387.5 of the U.S. Export 4. In the course of an official investiga­ tions in the areas affected; Control Regulations. tion by the Office of Export Control to ascertain the disposition of the goods, Whereas, after reading and evaluating The charging letter was served on the the respondent stated to a representative reports of such conditions, I find that the respondent and he submitted a letter in of the U.S. Government that the goods conditions in such areas constitute a ca­ reply thereto. The letter does not deny had been shipped to Lebanon by way of tastrophe within the purview of the the allegations of the charging letter. It Trieste, using the services of a Yugo­ offiall Business Act, as amended. states, in substance, that before the re­ slavian shipping company. The said Now, therefore, as Administrator of spondent entered into this transaction statements by respondent as to the dis­ • ®maD Business Administration, .he was assured by competent Austrian position of the goods were false since thereby determine that: authority that the commodity in ques­ he knew that pursuant to his instruc­ rk .^DPhcations for disaster loans un- tion was not an embargoed item. The oer the provisions of section 7( b ) ( 1) of tions the goods had been shipped to the letter from the respondent does not com­ UJS.S.R. m l k a11 ^ t a e s s Act, as amended, ply with or attempt to comply with the nffin« u feceived and considered by the Based on the foregoing, I have con­ firm6 u ow indicated from persons or cluded that the respondent violated ms whose property situated in the city 1 This Act has been succeeded by the Ex­ § 387.5 of the U.S. Export Control Regu­ port Administration Act of 1969, 50 U.S.C. lations in that during the course of an or s - Dak-> suffered damage APP- 2401-2413, approved Dec. 30, 1969. Sec­ rit, „ tl?ction resulting from fire occur- official investigation he knowingly made tion 2412(b) of this Act provides, “A ll out­ false representations concerning the dis­ nn§ °n March 24,1971. standing delegations, rules, regulations, or­ position of goods exported from the Office ders, licenses, or other forms of administra­ tive action under the Export Control Act of United States and concealed the true Slfice pU^ ness Administration District Of- 1949 * * * shall, until amended or revoked, destination of said goods. sh 57102 an Sioux Falls, remain in full force and effect, the same as if The Compliance Commissioner recom­ promulgated under this Act.” mended that the respondent be denied

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7878 NOTICES all U.S. export privileges for 5 years. I port, finance, or otherwise service or the forwarding of a U.S.-origin commod­ am of the opinion that the recommenda­ participate in any exportation, reex­ ity in violation of the denial order and tion as to the sanction that should be portation, transshipment, or diversion of is not forwarding to an unauthorized imposed is fair and just and calculated any commodity or technical data ex­ designation. to achieve effective enforcement of the ported or to be exported from the United On consideration of the record in the | law. Accordingly, it is hereby ordered: States. case and other matters that have been brought to the attention of the under­ I. All outstanding valid export licenses Dated: April 20, 1971. in which respondent appears or partici­ signed, it is found that there is good pates in any manner or capacity are This order shall became effective cause for terminating the indefinite hereby revoked and shall be returned forthwith. denial order issued against this respond­ forthwith to the Bureau of International R au e r H. M e y e r , ent on March 12, 1959, and the said or­ Commerce for cancellation. Director, Office of Export Control. der, as it relates to this respondent, is II. The respondent for the period of 5 [P R Doc.71-5969 Filed 4-26-71; 11:12 am] hereby terminated. years is hereby denied all privileges of The Compliance Commissioner held an participating, directly or indirectly, in informal hearing on March 18, 1971, at any manner or capacity, in any trans­ [Case No. 418] which time evidence in support of the action involving commodities or tech­ charge was submitted on behalf of the EXPRESS INTERNATIONALE Investigations Division. The Compliance nical data exported from the United SPEDITION G.m.b.H. Commissioner considered the evidence States, in whole or in part, or to be ex­ and submitted findings of fact and a ported, or which are otherwise subject Order Denying Export Privileges to the Export Control Regulations. W ith­ finding that a violation had occurred and In the matter of Express Internation­ he recommended that the sanction here­ out limitations of the generality of the ale Spedition G.m.b.H., Wohllebengasse foregoing, participation prohibited in inafter set forth be imposed. 18, 1041 Vienna 4, Austria, Respondent. After considering the record, I con­ any such transaction, either in the By charging letter dated November 20, firm and adopt the findings of fact of United States or abroad, shall include 1970, the above respondent was charged the Compliance Commissioner, which are participation: (a) As a party or as a with a violation of the Export Control representative of a party to any validated as follows: Act of 19491 and the regulations there­ export license application; (b) in the under, and also with a violation of a F in d in g s o f F act preparation or filing of any export license denial order outstanding against it. application or reexportation authoriza­ 1. The respondent Express Interna­ tionale Spedition G.m.b.H. is a tion, or document to be submitted there­ It is alleged in substance that on freight with; (c) in the obtaining or using of March 12, 1959 (24 F.R. 1920, March 17, forwarding firm with a place of business any validated or general export license 1959) the Bureau of Foreign Commerce, in Vienna, Austria. or other export control documents; (d) predecessor of the Bureau of Interna­ 2. On March 12, 1959, the Bureau of Foreign Commerce, predecessor in the carrying on of negotiations with tional Commerce, issued an order against of the Bureau of International respect to, or in the receiving, ordering, respondent denying it all U.S. export Commerce, is­ buying, selling, delivering, storing, using, privileges for an indefinite period be­ sued an order against respondent deny­ ing it all U.S. export privileges or disposing of any commodities or cause it failed to answer interrogatories for an indefinite period of failure to technical data; (e) in the financing, for­ served on-it in accordance with § 388.15 answer in­ terrogatories served on it warding, transporting, or other servicing of the Export Control Regulations; that pursuant to regulations under the Export Control of such commodities or technical data. the order, in part, prohibited respondent Act. The said order was published in the III. Such denial of export privileges from participating in the forwarding of F ederal R egister on March 17, 1959 (24 shall extend not only to the respondent any commodity exported from the United F.R. 1920) and has been in effect to the but also to his representatives, agents, States; that notwithstanding this provi­ and employees, and to any person, firm, sion of the denial order the respondent present time. 3. Thé aforementioned denial order, corporation, or other business organiza­ participated in the forwarding of a U.S.- among other things, prohibited respond­ tion with which he now or hereafter may origin oscilloscope and accessories from ent from participating in any manner or be related by affiliation, ownership, con­ Austria to U.S.S.R. It is charged that capacity in the forwarding of commodi­ trol, position of responsibility, or other respondent violated the denial order and ties exported from the United States. The connection in the conduct of trade or § 387.4 of the Export Control Regulations respondent knew of this restriction in services connected therewith. in that it participated in the forwarding IV. During the time when the re­ of a U.S.-origin commodity with knowl­ the denial order. 4. Notwithstanding the above restric­ spondent is prohibited from engaging in edge that such participation was a viola­ tion of the denial order, the respondent any activity within the scope of part II tion of an order issued under the U.S. between August 9, and August 11, 196b> hereof, no person, firm, corporation, Export Control Regulations. participated in the forwarding of com­ partnership, or other business organiza­ The respondent submitted an answer modities that had been exported fro tion, whether in the United States or but did not request a hearing. The an­ the United States, as described below m elsewhere, without prior disclosure to and swer admitted the respondent had for­ warded the consignment in question. It findings of fact 5 and 6. specific authorization from the Bureau of 5. Pursuant to an order placed on oe- International Commerce, shall do any denied that it knew that the on-forward­ ing of the commodity in question to so­ half of Karl Dania of Vienna, Austria, of the following acts, directly or in­ a U.S. supplier on July 15,1966, export cialist countries was not allowed. The directly, in any manner or capacity, on from the United States to Vienna, an respondent did not deny that it knew of behalf of or in any association with the oscilloscope and accessories valued the U.S. origin of the commodity at the respondent, or whereby the respondent $5,315. On arrival of said equipment m time it participated in the transaction. may obtain any benefit therefrom or Vienna it was subject to disposition have any interest or participation It is to be noted that the charge instructions from Dania. . _ therein, directly or indirectly: (a) Ap­ against respondent is for participating in 6. On instructions given by L>ama . ply for, obtain, transfer, or use any li­ August 9,1966, the respondent forward^ cense, Shipper’s Export Declaration, bill 1 This Act has been succeeded by the Export said equipment on August 11, l » 6o, of lading, or other export control docu­ a consignee in the U.S.S.R. At the_, ment relating to any exportation, re­ Administration Act of 1969, 50 U.S.C. App. 2401-2413, approved Dec. 30, 1969. Section the respondent received the equipm exportation, transshipment, or diversion 2412(b) of this Act provides, “All outstand­ in Vienna and forwarded same of any commodity or technical data ex­ ing delegations, rules, regulations, orders, U.S.S.R. it knew that the eq u ipm en t ha ported or to be exported from the United licenses, or other forms of administrative ac­ originally been exported from the un tion under the Export Control Act of States, by, to, or for any such respond­ 1949 * * * shall, until amended or revoked, States. _ ent; or (b) order, buy, receive, use, sell, remain in full force and effect, the same as Based on the foregoing I 2iav. eluded that the respondent viola deliver, store, dispose of, forward, trans­ if promulgated under this Act”.

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7879

§ 387.4 of the Export Control Regulations lading, or other export control document Rule 1100.40 of the general rules of prac­ in that it forwarded commodities which relating to any exportation, reexporta­ tice (49 CFR 1100.40) and filed within had been exported from the United States tion, transshipment, or diversion of any 15 days from the date of publication of with knowledge that such action w$s in commodity or technical data exported this notice in the F ederal R e g ist e r . violation of a denial order that was out­ or to be exported from the United States, standing against it. by, to, or for the respondent; or (b) L o n g - a n d -S h o r t H a u l Now, after considering the record in order, buy, receive, use, sell, deliver, FSA No. 42176— Beet or cane sugar the case and the report and recommen­ store, dispose of, forward, transport, from specified points in eastern territory. dation of the Compliance Commissioner, finance or otherwise service or partici­ Filed by Traffic Executive Association- and being of the opinion that his recom- pate in any exportation, reexportation, Eastern Railroads, agent (E.R. No. 2999), ! mendation as to the sanction that should transshipment, or diversion of any com­ for interested rail carriers. Rates on | be imposed is fair and just and cal­ modity or technical data exported or to sugar, beet or cane, other than raw, dry, culated to achieve effective enforcement be exported from the United States. in packages, in carloads, as described in of the law: It is hereby ordered: Dated: April 20, 1971. the application, from specified points in I. As to the respondent Express Inter- eastern territory, to points in various I nationale Spedition G.m.b.H., this order R auer H . M e y e r , States. replaces the indefinite denial order Director, Grounds for relief— Revision of com­ ! issued against it on March 12, 1959 (24 Office of Export Control. modity description. j F.R. 1920), but the restrictions of said [P R Doc.71-5970 Piled 4-20-71; 11:12 am] FSA No. 42177— Liquefied carbon di­ order are continued in full force and oxide from Yazoo City, Miss. Filed by effect. O .W . South, Jr., agent (No. A6244), for II. The respondent for the period of 5 National Oceanic and Atmospheric interested rail carriers. Rates on carbon years is hereby denied all privileges of Administration dioxide, liquified, in tank carloads, as participating, directly of indirectly, in [Docket No. C-344] described in the application, from Yazoo any manner or capacity, in any trans­ City, Miss., to Atlanta, Ga. action involving commodities or technical R AND R Grounds for relief— Market competi­ data exported from the United States, Notice of Loan Application tion. in whole or in part, or to be exported, or Tariff—Supplement 182 to Southern which are otherwise subject to the Ex­ April 20, 1971. Freight Association, agent, tariff ICC port Control Regulations. Without limi­ Robert N. Lee and Roger D. Davis, S-699. tation of the generality of the foregoing, doing business as R and R, a copartner­ By the Commission. participation prohibited in any such ship, 295 Wagnon Road, Sebastopol, CA transaction, either in the United States 95472, have applied for a loan from the [ s e a l ] R obert L . O s w a l d , or abroad, shall include participation: Fisheries Loan Fund to aid in financing Secretary. (a) As a party or as a representative of the purchase of a used 60-foot length [FR Doc.71-5837 Filed 4-26-71;8:52 am] a party to any validated export license overall wood vessel to engage in the fish­ application; (b) in the preparation or ery for salmon and albacore. filing of any export license application Notice is hereby given, pursuant to the [Notice 284] or reexportation authorization, or docu­ provisions of 16 U.S.C. 742c, Fisheries ment to be submitted therewith; (c) in MOTOR CARRIER TEMPORARY Loan Fund Procedures (50 CFR Part 250, AUTHORITY APPLICATIONS the obtaining or using of any validated as revised), and Reorganization Plan or general export license or other export No. 4 of 1970, that the above entitled ap­ A p r il 21,1971. control documents; (d) in the carrying plication is being considered by the N a­ The following are notices of filing of on of negotiations with respect to, or in tional Marine Fisheries Service, National the receiving, ordering, buying, selling, applications for temporary authority Oceanic and Atmospheric Administra­ under section 210a(a) of the Interstate delivering, storing, using, or disposing of tion, Department of Commerce, Interior any commodities or technical data; (e) Commerce Act provided for under the Building, Washington, DC 20235. Any new rules of Ex Parte No. MC-67 (49 m the financing, forwarding, transport­ person desiring to submit evidence that ing, or other servicing of such commod­ CFR Part 1131), published in the F e d ­ the contemplated operation of such ves­ ities or technical data. eral R e g ist e r , issue of April 27, 1965, sel will cause economic hardship or in­ effective July 1, 1965. These rules pro­ HI. Such denial of export privileges jury to efficient vessel operators already vide that protests to the granting of an shall extend not only to the respondent operating in that fishery must submit application must be filed with the field but also to its successors, representa­ such evidence in writing to the Director, official named in the F ederal R eg ister tives, agents, and employees, and to any National Marine Fisheries Service, within publication, within 15 calendar days after Person, firm, corporation, or other busi­ 30 days from the date of publication of the date of notice of the filing of the ness organization with which it now or this notice. If such evidence is received application is published in the F ederal hereafter may be related by affiliation, it will be evaluated along with such other R e g is t e r . One copy of such protests must s kn^rïP’ control, position of respon- evidence as may be available before mak­ be served on the applicant, or its au­ “hihty, or other connection in the con­ ing a determination that the contem­ thorized representative, if any, and the duct of trade or services connected plated operation of the vessel will or will protests must certify that such service therewith. not cause such economic hardship or has been made. The protests must be fJ -D u rin g the time when the respon- injury. specific as to the service which such ."r.f Prohibited from engaging in any \ J a m e s F. M u r d o c k , Protestant can and will offer, and must «cavity within the scope of Part II Chief, consist of a signed original and six no!* n.° P®1^011» firm, corporaton, Division of Financial Assistance. copies. p rtnership, or other business organi- [FR Doc.71-5822 Filed 4-26-71;8:51 am] A copy of the application is on file, and r t S whether in the United States or can be examined at the Office of the ,nrt ere’. without prior disclosure to Secretary, Interstate Commerce Com­ But specific authorization from ' the mission, Washington, D.C., and also in dn aaU ^ternational Commerce, shall field office to which protests are to be indiv ti°^ following acts, directly or INTERSTATE COMMERCE transmitted. bphaii y’ inany manner or capacity, on M o to r C arriers o f P r o p e r t y or *n any association with the COMMISSION maV u or whereby the respondent No. MC 2253 (Sub-No. 44 TA), filed y obtain any benefit therefrom or FOURTH SECTION APPLICATIONS April 14, 1971. Applicant: CAROLINA tjJe. anf interest or participation FOR RELIEF FREIGHT CARRIERS CORPORATION, Post Office Box 697, Highway 150 East, A p r il 22, 1971. fo/ k * * * * * or ^directly! (a) Apply Cherryville, NC 28021. Authority sought > obtain, transfer, or use any license, Protests to the granting of an applica­ to operate as a common carrier, by motor PPer’s Export Declaration, bill of tion must be prepared in accordance with vehicle, over iiregular routes, transport-

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7880 NOTICES ing: General commodities, except those Tenn. Supporting shippers: There are 55114. Authority sought to operate as a of unusual value, classes A and B explo­ approximately 17 statements of support contract carrier, by motor vehicle, over sives, household goods as defined by the attached to the application, which may irregular routes, transporting: Insulation Commission, commodities in bulk, and be examined here at the Interstate Com­ materials, from Underwood, Minn., to those requiring special equipment, from merce Commission in Washington, D.C., points in North Dakota, South Dakota, New York, N.Y., to the terminal site of or copies thereof which may be ex­ Nebraska, Iowa, Minnesota, and Wiscon­ Harders Express, Inc., at or near Clav- amined at the field office named below. sin, for 180 days. Supporting shipper: erack, N.Y., to New York, N.Y. Restric­ Send protests to: Joe J. Tate, District Pal-O -Pak Insulation Co., Inc., Hartland, tion: service at said terminal site is Supervisor, Bureau of Operations, Inter­ Wis. 53029. Send protests to: A. N. Spath, restricted to traffic received from or de­ state Commerce Commission, 803— 1808 District Supervisor, Interstate Commerce livered to Harders Express, Inc., for 180 West End Building, Nashville, T N 37203. Commission, Bureau of Operations, 448 Federal Building and U.S. Courthouse, days. N o t e : Applicant does intend to No. MC 104430 (Sub-No. 35 T A ), filed 110 South Fourth Street, Minneapolis, tack the authority in MC-2253. Sup­ April 19, 1971. Applicant: CAPITAL porting shipper: Carrier supports its own TRANSPORT COMPANY, INC., High­ M N 55401. application. Send protests to: Jack H. way 24 West, Post Office Box 408, Mc- No. MC 116073 (Sub-No. 163 TA),filed Huff, District Supervisor, Interstate Comb M S 39648. Applicant’s representa­ April 14, 1971. Applicant: BARRETT Commerce Commission, Bureau of Oper­ tive: Donald B. Morrison, Deposit Guar­ MOBILE HOME TRANSPORT, INC., ations, 316 East Morehead, Suite 417 anty Bank Building, Jackson, MS 39201. 1825 Main Avenue, Post Office Box 919, (BSR Building) , Charlotte, NC 28202. Authority sought to operate as a com­ Moorhead, M N 56560. Applicant’s repre­ No. MC 30837 (Sub-No. 429 TA) mon carrier, by motor vehicle, over ir­ sentative: Robert G. Tessar (same ad­ (Amendment), filed March 18, 1971, regular routes, transporting: Petroleum dress as above). Authority sought to op­ published in the F ederal R e g ister issue and petroleum products, from Kenner, erate as a common carrier, by motor of March 26, 1971, and republished as La., to points in Mississippi, for 150 days. vehicle, over irregular routes, -transport­ amended this issue. Applicant: K ENO ­ Supporting shippers: Shell Oil Co., Mel­ ing: Trailers, designed to be drawn by SHA AUTO TRANSPORT CORPORA­ rose Building, Post Office Box 2099, Hous­ passenger automobiles, in initial move­ TION, 4200 39th Avenue, Kenosha, W I ton, T X 77001; Continental Oil Co., Box ments, from Madison, S. Dak., to points 53140. Applicant’s representative: Albert 36235, Houston, T X 77036. Send protests in North Dakota, Montana, Wyoming, P. Barber (same address as above). Au­ to: Alan C. Tarrant, District Supervisor, Minnesota, Iowa, Missiouri, Wisconsin, thority sought to operate as a common Interstate Commerce Commission, Bu­ Indiana, Illinois, Arkansas, Oklahoma, carrier, by motor vehicle, over irregular reau of Operations, Room 212, 145 East Kansas, Nevada, Colorado, and Michigan, routes, transporting: Automobiles, trucks Amite Building, Jackson, M S 39201. for 180 days. Supporting shipper: Guer­ and buses, as contained in Ex Parte No. MC 111401 (Sub-No. 332 T A ), filed don Industries, Inc., Post Office Box 26, MC-45, Description in Motor Carrier Madison, SD 57042. Send protests to: April 19, 1971. Applicant: GROENDYKE Certificates, 61 M.C.C. 209, in secondary J. H. Ambs, District Supervisor, Inter­ TRANSPORT, INC., 2510 Rock Island movements, in truckaway and driveaway state Commerce Commission, Bureau of Boulevard, Post Office Box 632, Enid, service, between points in Minnesota, Operations, Post Office Box 2340, Fargo, OK 73701. Applicant’s representative: North Dakota, South Dakota, and Wis­ Victor R. Comstock (same address as ND 58102. consin, for 180 days. Supporting ship­ above). Authority sought to operate as a pers: Southern Service Co., Inc., Post No. MC 117119 (Sub-No. 434 TA), filed common carrier, by motor vehicle, over Office Box 15184, New Orleans, LA 70115 April 19, 1971. Applicant: WILLIS irregular routes, transporting: Fur fury l (Delores Rodman, Traffic M anager); SHAW FROZEN EXPRESS, INC., Post alcohol, in bulk, from Memphis, Tenn., to Volkswagen North Central Distributor, Office Box 188, Elm Springs, AR 72728. Brownsville, Tex., for 120 days. Support­ Inc., Deerfield, IL 60015 (E. E. Bach, Sales Authority sought to operate as a com­ ing shipper: George A. Lains, District Organization Manager); Mercedes-Benz mon carrier, by motor vehicle, over ir­ Manager, Chemicals Division, The of North Amefica, Inc., 3333 Charles regular routes, transporting: Fresh Quaker Oats Co., Merchandise Mart meats, frozen meats and packinghouse Road, Franklin Park, IL 60131 (D. L. Plaza, Chicago, IL 60654. Send protests Suran, Manager M BNA Vehicle Distri­ products, from Greeley, Colo., to points to: C. L. Phillips, District Supervisor, In­ in Connecticut, District of bution Center). Send protests to: Dis­ Columbia, terstate Commerce Commission, Bureau trict Supervisor Lyle D. Heifer, Inter­ Illinois, Indiana, Maryland, Massachu­ of Operations, Room 240, Old Post Office state Commerce Commission, Bureau of setts, Michigan, New Jersey, N ew York, Building, 215 Northwest Third, Okla­ Ohio, Pennsylvania, and Wisconsin, for Operations, 135 West Walls Street, Room homa City, O K 73102. 180 days. Supporting shipper: Monfori 807, Milwaukee, W I 53203. N o t e : The purpose of this republication is ( 1) to re­ No. MC 11140r (Sub-No. 333 T A ), filed Packing Co., Box 1407, Greeley, cu 80631. Send protests to: District flect a change in the commodity descrip­ April 19, 1971. Aplicant: GROENDYKE Super­ visor William H. Land, Jr., 2519 Federal tion, (2) to add the State of Wisconsin TRANSPORT, INC., 2510 Rock Island to the territorial description, and (3) to Boulevard, Post Office Box 632, Enid, OK add two additional supporting shippers. 73701. Applicant’s representative: Vic­ Rock, AR 72201. tor R. Comstock (same address as above). No. MC 97904 (Sub-No. 11 T A ), filed No. MC 118159 (Sub-No. 113 TAM Jjj Authority sought to operate as a com­ April 19, 1971. Applicant: KNOXVILLE- April 14, 1971. Applicant: EVERRLii mon carrier, by motor vehicle, over irreg­ MARYVILLE MOTOR EXPRESS, INC., LOWRANCE, INC., Post Office Box ular routes, transporting: Printing ink, 2335 Texas Avenue, Post Office Box 4006, 10216, 4916 Jefferson Highway, New in bulk, from Tulsa, Okla., to Kewanee Knoxville, TN 37921. Applicant’s repre­ Orleans, LA 70121. Authority sought w and Urbana, 111, and Indianapolis and sentative: Walter Harwood, Suite 1822, operate as a common carrier, by motor Muncie, Ind., for 180 days. Supporting 404 James Roberson Parkway, Nashville, vehicle, over irregular routes, transpos­ shipper: J. Bolzak, Director of Traffic, TN 37219. Authority sought to operate ing: Cleaning, bleaching, washing, & Sun Chemical Corp., 631 Central Avenue, as a common carrier, by motor vehicle, scouring compounds, animal litter, a Carlstadt, NJ 07072. Send protests to: over regular routes, transporting: Gen­ chopped alfalfa, from the plantsite ana C. L. Phillips, District Supervisor, Bureau eral commodities, except those of unsual warehouse facilities of the Clorox • of Operations, Room 240, Old Post Office value, household goods, commodities in located at Houston, Tex., to points W Building, 215 Northwest Third, Okla­ bulk, and those requiring special equip­ Arkansas, Louisiana, and Mississippi, or homa City, O K 73102. ment, between Knoxville and Jellico, 180 days. Supporting shipper: The Clorox Tenn., over U.S. Highway 25W and also No. MC 113000 (Sub-No. 3 T A ), filed Co., Post Office Box 24305, Oakland, 1-75 serving all intermediate points, for April 19, 1971. Applicant: RICHARD A. CA 94623, Mr. R. W . Ernst, Division 180 days. N o t e : Applicant does intend to EVAVOLD, doing busines as EVAVOLD tack the authority here applied for to all TRUCKING, Ashby, Minn. 56309. Ap­ Traffic Manager. Send protests to: Pam D. Collins, District Supervisor, of its present authority in MC-97904, plicant’s representative: A. R. Fowler, Inter­ with all interline being at Knoxville, 2288 University Avenue, St. Paul, M N state Commerce Commission, Bureau o

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7881

Operations, Room T-4009 Federal Build­ No. MC 135486 TA, filed April 14, 1971. No. MC 135497 TA, filed April 19,1971. ing, 701 Loyola Avenue, New Orleans, LA Applicant: JACK HODGE TRANS­ Applicant: 1-5 FREIGHTLINE, INC., 70113. PORT, INC., 2410 West Ninth Street, 5949 North Basin Avenue, Portland, OR No. MC 128285 (Sub-No. 8 T A ), filed Marion, IN 46952. Applicant’s represent­ 97217. Applicant’s representative: John April 14, 1971. Applicant: M ELLOW ative: Robert W . Loser, 1001 Chamber of G. McLaughlin, 726 Blue Cross Building, TRUCK EXPRESS, INC., Post Office Box Commerce Building, Indianapolis, IN 100 Southwest Market Street, Portland, 17063, 9801 North Vancouver Way, Port­ 46204. Authority sought to operate as a OR 97201. Authority sought to operate as contract carrier, by motor vehicle, over land, OR 97217. Applicant’s representa­ a common carrier, by motor vehicle, over irregular routes, transporting: Such tive: Earle V. White, Farley Building, regular and irregular routes, transport­ 2400 Southwest Fourth Avenue* Port­ merchandise as is dealt in by wholesale, ing: General commodities (except house­ land, OR 97201. Authority sought to op­ retail, and chain grocery and food busi­ hold goods, commodities in bulk, in tank erate as a contract carrier, by motor ve­ ness houses, and in connection there­ vehicles, and commodities which because hicle, over irregular routes, transporting: with, equipment materials, and supplies of .. size or weight require special equip­ (1) Lumber, from Seaside and Portland, used in the conduct of such business, ment ip transit). (A ) Regular routes: Oreg., and Chehalis, Wash., to Cerrillos, between the plantsite and warehouse (1) Between Portland, Oreg., and Med­ facilities of The Kroger Co., Cincinnati, N. Mex., and (2) pressboard, from Flag­ ford, Oreg., from Portland to Medford Ohio, on the one hand, and stores, ware­ staff, Ariz., to Portland, Oreg., and Long­ over U.S. Highway Routes 99, 99E, 99W, houses, and storage facilities at Mem­ view, Wash., under a continuing con­ and Interstate Highway 5, and return phis, Tenn., and Little Rock, Ark., Re­ tract with Tumac Lumber Co., Inc., for over the same routes, serving all inter­ 180 days. Supporting Shipper: Tumac striction: Restricted to a transportation mediate points within 10 miles of the service to be performed under a con­ Lumber Co., Inc., 806 Southwest Broad­ described routes, except no service be­ tinuing contract or contracts with The way, Portland, OR 97205. Send protests tween Portland, on the one hand, and, on Kroger Co., in refrigerated equipment, to: District Supervisor W. J. Huetig, the other, points north of Salem, Oreg.; for 180 days. Supporting shipper: The Interstate Commerce Commission, Bu­ (2) between Corvallis and Foster, Oreg.; Kroger Co., 1240 State Avenue, Cincin­ reau of Operations, 450 Multnomah (a) from Corvallis to Lebanon over U.S. nati, OH 45204. Send protests to: Dis­ Building, 120 Southwest Fourth Avenue, Highway Route 20 and Oregon State Portland, OR 97304. trict Supervisor J. H. Gray, Bureau of Highway Route 34, and return over the Operations, Interstate Commerce Com­ same route; and (b) from Lebanon to No. MC 134777 (Sub-No. 10 T A ), filed mission, 345 West Wayne Street, Room Foster over U.S. Highway Route 20 and April 19, 1971. Applicant: SOONER E X ­ 204, Fort Wayne, IN 46802. return over the same route, serving all PRESS, INC., Post Office Box 219, Madill, No. MC 135487 TA, filed April 14, 1971. intermediate points and points within 10 OK 73446. Applicant’s representative: Applicant: HULCHER EMERGENCY miles of the described routes. B. Irregu­ Dale Waymire (same address as above). R.R. SERVICE, INC., Box 191, Virden, lar routes: Between points within Doug­ Authority sought to operate as a com- las, Jackson, and Josephine Counties, non carrier, by motor vehicle, over ir­ IL 62690. Applicant’s representative: M. L. Hulcher (same address as above). Oreg., for 180 days. N ote: The applicant regular routes, transporting: Meats, Authority sought to operate as a com­ proposes to offer interline service at any neat products, meat byproducts, and ar­ point on the described routes. Support­ ticles distributed by meat packinghouses, mon carrier, by motor vehicle, over ir­ regular routes, transporting: General ing shippers: There are approximately from Pampa, Tex., to points in Tennessee 75 statements of support attached to the (except Memphis), for 180 days. Sup­ commodities (no exceptions) between points in Alabama, Arkansas, Colorado, application, which may be examined here porting shipper: Armour and Co., Post at the Interstate Commerce Commission, Office Box 9222, Chicago, IL 60690. Send Delaware, Georgia, Indiana, Illinois, Iowa, Kansas, Kentucky, Maryland, in Washington, D.C., or copies thereof protests to: District Supervisor, E. K. which may be examined at the field office Willis, Jr., Interstate Commerce Com­ Michigan, Minnesota, Mississippi, Mis­ souri, Nebraska, New Jersey, New York, named below. Send protests to: District mission, 1100 Commerce Street, Room Supervisor W. J. Huetig, Interstate Com­ 13C12, Dallas, T X 75202. North Carolina, Ohio, Oklahoma, Penn­ sylvania, South Carolina, South Dakota, merce Commission, Bureau of Opera­ No. MC 134933 (Sub-No. 3 T A ), filed Tennessee, Texas, Virginia, West Vir­ tions, 450 Multnomah Building, 319 April 14, 1971. Applicant: IDLEW OOD ginia, and Wisconsin, restricted to ship­ Southway Pine Street, Portland, OR TRUCKING COMPANY LIMITED, Post ments of said commodities from points Office Box 100,350 Fruitland Road, Fruit- of railroad derailments, wrecks, or emer­ No. MC 135498 TA, filed April 19, 1971 land, Ontario, Canada. Applicant’s rep­ gency sites, for 180 days. Supporting Applicant: CHARLES J. GUTOLLA resentative: Robert D. Gunderman, shippers: Illinois Central Railroad, 135 AND VINCENT M: GUTOLLA, a part­ 1708, statler Hilton, Buffalo, N Y East 11th Place, Chicago, IL 60605; nership, doing business as EAST END 14202. Authority sought to operate as a Monon Railroad, 332 South Michigan C° M 443,7 Howley Street, contract carrier, by motor vehicle, over Avenue, Chicago, IL 60604; Louisville & Pittsburgh, PA 15224. Applicant’s repre­ Regular routes, transporting: Scrap Nashville Railroad Co., 908 West Broad­ sentative: Robert J. Gallagher, 1776 netal, for the account of International way, Louisville, K Y 40201; Chicago & Broadway, New York, N Y 10019. Author­ ron and Metal Co., from points in New Eastern Illinois Railroad, 140 South ity sought to operate as a common car­ m?tuan^ Pennsylvania to ports of entry Dearborn Street, Chicago, IL 60603; rier, by motor vehicle, over irregular the international boundary line be- Gulf Mobile & Ohio Railroad Co., Post routes, transporting: Used household .the United States and Canada on Office Box 1828, Mobile, A L 36601; Penn goods, between points in Marshall «« Niagara River, for 180 days. Note: Central Transportation Co., 680 Union Brooke, Ohio and Greene Counties, W . PPhcant holds Extra Provincial License Station, Chicago, IL; The Chesapeake & Va.; Columbiana, Hancock, Jefferson’ I L n ^11 and Class D PCV License Ohio Railroad Co., The Baltimore & Ohio Belmont, and Monroe Counties, Ohio;’ i7in ^epartment of transport author- Railroad Co., Operating Department, and Lawrence, Butler, Armstrong, Indi­ service for and on behalf of Inter­ Baltimore, Md. 21201; Missouri Pacific ana, Somerset, Fayette, Greene, Wash­ im™ 1 Iron and Metal Co- Supporting Railroad Co., The Texas & Pacific Rail­ ington, Westmoreland and Allegheny On iJj«International Iron and Metal road Co., 210 North 13th Street, St. Louis, Counties, Pa.; for 150 days, restricted to Rot « BramPton Street, Post Office MO 63103; Erie Lackawanna Railroad traffic having a prior or subsequent move­ nrn.'VHamilton, Ontario,Canada. Send Co., 804 Republic Building, Cleveland, ment in containers beyond the points SunS t0: „Georse M. Parker, District OH 44115. Send protests to: Harold Jol- authorized and further restricted to the mis Springfield, IL 62704. porting shippers: Trans-American Van

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7882 NOTICES

Service, Inc., 7540 South Western Ave­ merce Act, and rules and regulations certificate No. MC-108149 issued Novem­ nue, Chicago, IL 60620; Cartwright Van prescribed thereunder (49 CFR Part ber 17, 1964, to T. E. Taylor doing busi­ Lines, Inc. (International Division), 4520 1132), appear below: ness as Taylor Truck Line, Fontanelle, 24th Avenue West, Seattle, W A 98199. As provided in the Commission’s spe­ Iowa, authorizing the transportation of Send protests to: John J. England, Dis­ cial rules of practice any interested per­ livestock from Greenfield, Iowa and trict Supervisor, 2111 Federal Building, son may file a petition seeking recon­ points within 20 miles thereof to Omaha, Interstate Commerce Commission, sideration of the following numbered Nebr.; and livestock, animal and poultry Bureau of Operations, 1000 Liberty Ave­ proceedings within 20 days from the date feed, building material, and agricultural nue, Pittsburgh, PA 15222. of publication of this notice. Pursuant machinery and implements and parts to section 17(8) of the Interstate Com­ thereof, from Omaha, Nebr., to Green­ No. MC 135499 TA, filed April 19, 1971. merce Act, the filing of such a petition field, Iowa, and points within 20 miles Applicant: JOE EDGEWORTH, doing will postpone the effective date of the thereof. M. R. LaFrance, 430 City Na­ business as EDGEW ORTH TRUCKING, order in that proceeding pending its dis­ tional Bank Building, Omaha, NE 68102, Post Office Box 1378, Tulare, CA 93274. position: The matters relied upon by peti­ attorney for transferee. Applicant’s representative: Marshall A. tioners must be specified in their peti­ No. MC-FC-72782. By order of April 19, Smith, Jr., 925 North Fulton Street, tions with particularity. Frensno, CA 93728. Authority sought to 1971, the Motor Carrier Board approved No. MC-FC-72622. By order of April the transfer to R. C. Filkins, Inc., Dalton, operate as a contract carrier, by motor 16, 1971, the Motor Carrier Board, on Mass., of the Operating rights in certifi­ vehicle, over irregular routes, transport­ reconsideration, approved the transfer ing: Plastic articles, expanded, packed in 1 cate No. MC-134591 issued August 19, to Vonel Transportation, Inc., Santa 1970, to Ronald C. Filkins, doing business not less than four mil plastic bags, hav­ Rosa, Calif., of certificate No. MC-121382 as R. C. Filkins, Dalton, Mass., authoriz­ ing a density less than 2 pounds per (Sub-No. 2), issued to C. R. Von Arx ing the transportation of animal and cubic foot, such as polystyrene cellular and L. R. Von Arx, doing business as poultry feed, and animal and poultry foam egg cartons, meat trays, and filler Riverview Transportation Co., Santa feed ingredients and additives from flats, from Pico-Rivera, Calif., to points Rosa, Calif., authorizing the transporta­ North Franklin, Conn., to points in Co­ in Arizona, Nevada, and New Mexico, tion of: Buildings, assembled and partly lumbia, Dutchess, and Rensselaer Coun­ for 180 days. Supporting shipper: Dolco assembled, and parts and materials re­ ties, N.Y., Massachusetts and Rhode Packaging Corp., 10850 Riverside Drive, quired for the erection of such buildings, Island. William L. Mobley, registered North Hollywood, CA 91602. Send pro­ from the plantsite of Speedspace Corp., practitioner, 1694 Main Street, Spring- tests to: John E. Nance, District Super­ near Santa Rosa, Calif., to points in field, M A 01103. visor, Interstate Commerce Commission, Idaho, Montana, Nevada, Arizona, Ore­ Bureau of Operations, Room 7708, Fed­ gon, Utah, Washington, Colorado, and No. MC-FC-72797. By order of April eral Building, 300 North Los Angeles Wyoming. Raymond A. Greene, Jr., at­ 16, 1971, the Motor Carrier Board ap­ Street, Los Angeles, CA 90012. torney, 405 Montgomery Street, San proved the transfer to William C. Harsh- Francisco, CA 94104. man, Sr., doing business as Harshman & M otor C arrier o f P assengers Sons, Southington, Ohio, of that portion No. MC 125330 (Sub-No. 2 T A ), filed No. MC-FC-72656. By order of April 20, of the operating rights in certificate No. April' 14, 1971. Applicant: DOMENICO 1971, the Motor-Carrier Board, on recon­ M C-110943 (Sub-No. 1) issued July 9, BUS SERVICE, INC., 71 New Hook sideration, approved the transfer to 1964, to Thomas R. Hogarth, doing busi­ Access Road, Box 47, Bayonne, NJ 07002. Henry A. Butterworth, doing business as ness as Hogarth’s Towing Service, Twins- Applicant’s representative: Charles J. Butterworth & Sons, Butterfield, Conn., burg, Ohio, authorizing the transporta­ Williams, 47 Lincoln Park, Newark, NJ of that portion of the operating rights in tion of wrecked or disabled motor vehi­ 07102. Authority sought to operate as a certificate No. MC—32571 issued May 20, cles, and replacement or repair parts or contract carrier, by motor vehicle, over 1943, to S. Rashba & Sons, Inc., New equipment for wrecked or disabled motor irregular routes, transporting: Passen­ Haven, Conn., authorizing the transpor­ vehicles, between points in Geauga, gers, for the account of Brooklyn-Staten tation of general commodities, with ex­ Trumbull, Mahoning, and Columbiana Island Commuters, between Brooklyn ceptions, between New Haven, Conn., on Counties, Ohio, on the one hand, and, on and Staten Island, N.Y., on the one hand, the one hand, and, on the other, East the other, points, in. Illinois, Indiana, and, on the other, the facilities of the Haven, West Haven, and Hamden, Conn. Kentucky, Massachusetts, Michigan, American Telephone and Telegraph Co. Thomas W. Murrett, 342 North Main Missouri, New York, Pennsylvania, Vir­ at Piscataway, N.J., for 150 days. N o t e : Street, West Hartford, CT 06117, attor­ ginia, and West Virginia. Edwin C. The Brooklyn-Staten Island commuters ney for applicants. Meminger, 731 Leader Building, Cleve­ is an independent group. They are em­ No. MC-FC-72660. By order of April 20, land, OH 44114, attorney for applicants. ployees of the American Telephone and 1971, the Motor Carrier Board, on recon­ No. MC-FC-72810. By order of April Telegraph Co. and reside in the above- sideration, approved the transfer to Atlas 19, 1971, the Motor Carrier Board ap­ mentioned boroughs. Supported by: Moving & Storage Co., Inc., West Haven, proved the transfer to Lincoln Van « Brooklyn Staten Island Commuters, c/o Conn., of that portion of the operating Storage Co., Inc., 2901 North 17th Street, American Telephone & Telegraph Co., rights in certificate No. MC-32571 issued Philadelphia, PA, of the operating rights Piscataway, N.J. Send protests to: Dis­ May 20, 1943, to S. Rashba & Sons, Inc., in certificate No. MC-129081 issued Jan­ trict Supervisor Robert E. Johnson Bu­ New Haven, Conn., authorizing the trans­ uary 11, 1968, to Robert B. Smith doing reau of Operations, Interstate Commerce portation of new furniture, from New business as Lincoln Van & Storage Co., Commission, 970 Broad Street, Newark, Haven, Conn., to points in Connecticut, 2901 North 17th Street, Philadelphia, NJ 07102. except East Haven, West Haven, and authorizing the transportation of house­ Hamden, Conn.; and new furniture and By the Commission. hold goods between Philadelphia, Pa., fixtures, uncrated, between New Haven, the one hand, and, on the other, Joints [ s e a l ] R obert L. O s w a l d , Conn., and points in Connecticut within New York, New Jersey, M aryland, Dela­ Secretary. 40 miles of New Haven, on the one hand, ware, and the District of Columbia. and, on the other, points in New York, [P R Doc.71—5835 Piled 4r-26-71;8:52 am] No. MC-FC-72812. By order of April Massachusetts, Rhode Island, New 21, 1971, the Motor Carrier Jersey, Pennsylvania, Maine, and the Board ap proved the transfer to Gartin RhckD > District of Columbia. Thomas W. Mur­ [Notice 683] Inc., Tuscumbia, Mo., of certificate • rett, 342 North Main Street, West Hart­ MC-26564, issued to John MOTOR CARRIER TRANSFER ford, CT 06117, attorney for applicants. Veulemansa Robert Case, a partnership, doing du PROCEEDINGS No. MC-FC-72780. By order of April 16, ness as Tipton Truck Line, Tipton, * A p r il 22, 1971. 1971, the Motor Carrier Board approved authorizing the transportation of* eral commodities, with the usual ® Synopses of orders entered pursuant the transfer to Erin Transportation, Inc., tions, between Tipton, Mo., and 20 to section 212(b) of the Interstate Com­ Omaha, Nebr., of the operating rights in

FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 NOTICES 7883

thereof, and points in St. Clair County, points in Philadelphia, Pa. Martin S. No. MC-FC-72818. By order of April 19, HI., in a radial movement. Thomas P. Goodman, 1207 Bankers Securities Build­ 1971, the Motor Carrier Board approved Rose, attorney, Post Office Box 205, Jef­ ing, Philadelphia, PA 19107, attorney for the transfer to Kearney’s Inc., Portland, ferson City, Mo. applicants. Pa., of a portion of the operating rights No. MC-FC-72813. By order of April No. MC-FC-72816. By order of April 16, in certificate No. M C-119282 (Sub-No. 2) 19, 1971, the Motor Carrier Board ap­ 1971, the Motor Carrier Board approved issued December 16, 1969 to Kroninger proved the transfer to Royal Express Co., the transfer to Lester L. Mishler, St. Service, Inc., Mount Bethel, Pa., author­ Inc., Philadelphia, Pa., of the operating Croix Palls, Wis., of the operating rights izing the transportation of building rights in certificate No. MC-31607 issued in certificate No. MC-73241 issued Au­ blocks from the plantsite and storage August 21, 1959, to Harry Kane, doing gust 12, 1953 to Am e H. Erickson, Cush­ facilities of L. P. Taylor, Inc., at or near business as Royal Express Co., Philadel­ ing, Wis., authorizing the transportation Mount Bethel, Pa., to points in West­ phia, Pa., authorizing the transportation of general commodities, with exceptions, chester, Nassau, and Suffolk Counties, of store fixtures, and store furniture and between points in Sterling, Laketown, N.Y.; New York, N.Y., and a described area of New Jersey. Kenneth R. Davis, equipment, from Philadelphia, Pa., to and Eureka Townships, Polk County, 999 Union Street, Taylor PA 18517, rep­ Atlantic City, N.J., and points in New Wis., on the one hand, and, on the other, South St. Paul, St. Paul, Minneapolis, resentative for applicants. Jersey within 50 miles of Philadelphia; and Newport, Minn. A. R. Fowler, 2288 [ s e a l ] R o bert L. O s w a l d , and men’s clothing, cotton and woolen University Avenue, St. Paul, M N 55114, Secretary.. piece goods, and store fixtures, between representative for applicants. [P R Doc.71-5836 Piled 4-26-71;8:52 am ]

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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 April. 3 CFR Page 7 CFR Page 7 CFR—Continued Page Proclamations: 1------6071 1468------6560 4031 (revoked by Proc. 4040)__ 6335 7------6887 1472------6560, 6561 4040 ------6335 54------6071 4041 ------6337 210------7049, 7592 1488------7597 4042 ------6475 215------7593 1809______6821 220------7593 4043 ------6709 P roposed R u l e s : 4044______6683 225------7593 4045______6885 302------7835 51------6755 56------6592 4046 ------7047 318 ------7835 210______7603 4047 ______7299 319 ------7001, 7835 4048 ______7579 320 ------7835 270 ______7240 271 ------7240 Executive Orders: 321------7835 330— ------7835 272 ------7240 Mar. 27,1913 (modified by PLO 331------7508 273 ------7240 5037)______6893 351 ------7835 274 ------7240 Jan. 19, 1917 (revoked in part 352 ------7835 725------7462 by PLO 5045)______7416 353 ------7835 908------6592, 6899 Mar. 10, 1924 (see PLO 5043) _ 7415 916------6432 354 ------6559, 7835 April 17,1926 (revoked in part 601------_------6559 928------5995 by PLO 5034)______6503 706------7835 1000------7514 Peb. 23, 1928 (see PLO 5043) _ 7415 722 ------6733, 7509 1001 ------7514, 7744 5498 (see PLO 5043)______7415 1002 ------7514 723 ------6733 10952 (see E O 11589)______6343 1004______7514 724 ------6734, 7221, 7593, 7594 11157 (amended by EO 11591) _ 7833 728 ------7317 1006------______7514 11222 (amended by EO 11590) _ 7831 729 ------7222 1007------6830, 7514 11478 (amended by EO 11590) _ 7831 1011------7514 11588 ______777------7657 6339 846------6821 1012------7514 See Proc. 4040__ 6335 1013------7514 11589 __ 855------5961 6343 862— :------6734 1015------7514 U590_ "“““I 1030------7514 7831 877------6489, 7049 11590 __ IIIIIIIIIIIIIIIIII 1032 ------7514 7833 905 ------6493, 7509 ^ ential D o c u m e n t s O t h e r 906 ------5962, 7049 1033 ------7514 £han P roclamations an d E x e c - 907 - 5963, 6494, 6734, 7123, 7509, 7596 1036------7069, 7514 ptive O rders: 908 ------5963, 6735, 7123, 7596 1040------7514 1043 ------7514 Reorganization Plan No. 1 of 910 ------6412, 6887, 7317, 7735 1044 ------7514 1958 (see EO 11589) — _____ 6343 911 ...... 6887 916 ------5964 1046------7514 5 CFR 917 ------7510 1049 ------7514 944— ------5964, 7002, 7597 1050 ------7514 151 1060------7514 213------— ...... » 75°8 947------7124 1061------7514 ------— ------;_ 5961, 959------_------6559 6071, 6487, 6488,6573, 6732, 6733, 1062______7514 991------6888 1063 --.______: 6593, 6833, 7514 307 7301’ 7415, 7508, 7735 999------6735 1064 ------7514, 7662 3341'"'“"-""""-—-"-" ----— " 6 4 8 8 1133------7124 1065 ------7514 733 " ------6488 1068------7514 ------7508 1201------J_____ 7736 1069------7514 1001 8573 1421______7417 1070______6593, 6833, 7514 ------—...... 6874, 7735 1434------7511 1071------7514

No. 81- FEDERAL REGISTER, VOL. 36, NO. 81— TUESDAY, APRIL 27, 1971 7884 FEDERAL REGISTER

7 CFR—Continued Page 12 CFR—Continued Page 17 CFR Page 524______— 7125 200______7658 Proposed Rules—Continued 545______- ______- ______6739, 7126 230-______7050 1073______7514 561_____ » ___ - ______:------7126 P roposed R u l e s : 1075 ______7514 563 ______6739, 7127 249______6440 1076 ______- ______7514 564 ______- 6740 270______1078 ______6593, 6833, 7514 6595 701______1______7004 274______1079______6593, 6833, 7514 6595 P roposed R u l e s : 1090______- ______7318, 7514 207______7754 1094- ______— — 7514 8 CFR 220- ______7754 1096 ______7514 7232,7505 221— ______7754 1097 ______7514 35______-— ----- 6563 545— ______6839 1098 ______7318, 7514 157______----- 7051 556______6839 1099— ______7514 250______7233 563 ______7535 1101 ______7514 260— ______7051 564 ______6764 1102 _____;------7514 582______6840 P roposed R u l e s : 1103 _- ______- ______7318, 7514 582b______6840 3 ______7020 1104 ______- ______7318, T514 741 ______J______7073 4 ______6596 1106______7318, 7514 35______7691 1108______7514 101______6596 1120 — ______7514, 7667 13 CFR ______7657 141______6596 1121 ______— 7318, 7514, 7667 102. 154______65 96, 7150, 7691 121______5967, 7841 1124 ______7514 156 ______6596 1125 ______7514 157 ______6596 1126 ______7514,14 7667 CFR 201-______6596,7692 1127 ______7514, 766737______7127 260______6596, 7692 1128 ______7514,39__ 7667______5967, 604______6762 1129______— 7514, 7667 6072, 6413, 6470, 6826-6827, 7224, 622______6762 1130______7318, 7514, 7667 7581, 7582, 7841, 7842 1131 ______7514 71 6413-6415, 19 CFR 1132 ______7514 6741, 7049, 7224, 7225, 7302-7304, 7233 1133 ------7514 7501, 7582, 7657-7658, 7843-7845 6420 1134 ______— 751475 6415, 7225, 7846 7506 1136______7462, 751477 5968, 674110______301______7132 1137— ______7514 95ZI-I-- ______5971 1138— 1______7514 97 6073,6890,7304,7582 P roposed R u l e s : 207 _ 6574, 7305, 7432 153______7012,7866 & CFR 208 _ — ______6575,7439 212 ______6576, 7306, 744920 CFR 100------7415 213 _ 7306 ______6420 245------7415 214 ______6577, 7455 405______6943, 7050 P roposed R u l e s : 250____ 7306 302______— 7846 P roposed R u l e s : 214______6755, 7856 6434 373______6577 404 ____ 299______7856 7018 378______6586 405 ____ 378a______6415 CFR 389______6591 21 CFR ^0 ______[______5965, 399___ 7225, 7228, 7230 6891, 7647 l — ______. 7128 5966~ 6561-6563, 6736, 7002, 7124, P roposed R u l e s : 2. 7223, 7301, 7421, 7581, 7736, 7737, ______7257 __ 6892 26 ______7421 7840 39 ______6836 7421 78______— ______7737 71 ______6015. 97 ______6413 6074 6434, 6760, 6761, 6836, 7072, 7073, 7422 201 " ______7223,7841 7143, 7144, 7257, 7258, 7604, 7687- 33^:::::::::::: ______7125 7688, 7863-7865 121_. 6075 75 ______6837, 7604 7656 10 CFR c h n ______6761 7583 _ 7467 135a. Proposed Rules: 296______- 297— ______—- 7467 135b *7126, 7422, » 0 20______— ------6521 135c. 30______6015, 6562 135e. ------5976 6015 15 CFR 31— — — —------— 7218 135g. 32______6015 14_ 141------5977 40______— 6521 373. 141e. ——------_ 7739 6903 375. ____ 5976 50______145------”"7649, 7655 6521 376 _____ 5976 70 ------_____ 5976 146a 7655 j 71 ______6521 377. 146b— 5976, 7308 7656 386 146c___ — 7127 5977 12 CFR 615______146e____ 7847 6494, 6736 16 CFR 147____ —‘ 7309,7850 6888 148g___ ------_ 7422 13______1481___ 14 ______6738 7233,7851 422______7309 1485c___ 7129 I 20 ___ 6738 7003 P roposed 148w___ 7847 : 207 ____ 148x___ 7129 91 ^ 6826 240- 6524 . 7003. 7738 410- 7536 148z___ 7422 221 7865 165______7778 ! 222 6413 433- 434_. 7756 523______6890 FEDERAL REGISTER 7885

2 i CFR—Continued Page 29 CFR—Continued Page 41 CFR—Continued Pag* 302 _i______— 7778 Proposed Rules: 5A-1------6943 303 ------7778 657______5A-2------7686 598I 304 ------.------7778 673------7686 5A-3------5982 305 ------7778 699------7686 5A-60------6944 306 ------7778 727------76865A-74------766O 307 ------7778 5A-76------6944, 7661 308 ------7778 30 CFR 5C-1------, 6753 311 ______7778 15-1------7506 312 _——------7778 18------—— ------7007 300 ------7184 18-8------6345 316______7778 18-9------6383 320------7778,301 7851------7184 302 ------7184 18-10------6396 330______7778 18-11------6406 Proposed Rules: 420______6495, 6496, 6827 18-12------6945 Proposed R u l e s : 75------7016, 7513 18-13______6972 1------6833 81------7513 18-14------6998 16 ------6835 101-26------1------6497, 7313 17 ------7466 31 CFR 101-32------6498 101-47------7215 19------7506,0------7535 6828 105-50------6498 27______7467 54------7659 130______6833 202------6748 114-26------6892 147------6899, 7687 203 ------6749 Proposed Rules: 148c------7752 306_------6749 60-3------7532 191------7255, 7860 420------6523 32 CFR 42 CFR 22 CFR 577------6711 73------6500, 6503, 7314 906______78— ------_5977 7215 201------7096 32A CFR 250------6423 23 CFR 481------5982-5994 Proposed Rules: Proposed Rules: 25------7851 Ch. V I______775154------6116 24 CFR 73------6828, 6835 33 CFR 78------7256 200------6896 3------5978 420------6680 235------6897 82------6422 459 ------7145 1909------7852 92------4607417 ------7145 1912------7852 117------7132,7133, 7587, 7855 461 ------7145 1914------6078^6746, 7238, 7852, 7853 153 ------7009 462 ------7145 1®1®...... 6079, 6747, 7239, 7854 204 ------6422 463_------7145 Proposed R u l e s : 208______6497 464------7145 1710------______6594 209------6564 1720_------7018 Proposed Rules: 43 CFR 25 CFR 117------6115, 6836, 7143 4------7185, 7588 35 CFR 13------7185 n i------7184 21------7185 253------23------7506 7185 991------6 0 8 0 Ul------6080, 6748, 7131 230------7207, 7589 36 CFR 1720------6422 26 CFR 6------71341840------7207 Jr------5977, 6081, 6421, 6477, 7004 8------7184 1850------7207 20------_------7184 2850------6828 47------7005 221------7587 3500------7053 50------7739 Proposed Rules: 4120------7207 ------6081, 6421, 7741 4130------7207 7------7143, 7514, 7856 5490------7207 Ml------7584 37 CFR 5510------7207 Public Land Orders: Proposed R u l e s : 1------7312 J-- 6082, 6429, 6830, 7012, 7143, 7240 3------7312 649 (revoked by PLO 5043)___7415 1579 (see PLO 5040)______7053 ------6429, 7014 38 CFR 4631 (revoked by PLO 5039) __ 6894 5034------6503 }?o"------6429 3------7588, 7659 5035__"------6423 39 CFR 5036 ------6754 5037 ------6893 301------7012 144------— : ------6750 5038 ------6893 154 ------7050 28 CFR 158------7050 5039 ------6894 0.. ------6748 Proposed Rules: 5040 ------7053 5041 ------______7054 29 CFR 41------7603 144------6114 5042 ------7054 l - 5 6427 5043 ------7415 30 6427 41 CFR ^ 5044 ------7416 1518 1-3- 6810------5980 5045 --.------7416 1901 7340 1-7— ------5980 5046 ------7416 ------7006 1-16------5981 5047 ------7410 7886 FEDERAL REGISTER

45 CFR Page 46 CFR—Continued Page 49 CFR Pase Proposed R ules—Continued 177______6894 1------6570 250 ______—— 6423 137______6902 191------7507 146______- ______7604 567 ______*------7056,7855 P roposed R u l e s : 151— — ______6902 568 ______7057,7855 7861 116______157______— ______6902 571_------6895, 151______7017 160______j______6902 7058, 7218, 7315, 7419, 7420,78551 156______6009 162_____ i ______6902 157______6011 177______— 6902 1033______1------5978,1 182 ______6902 5979, 6571-6573, 6829, 7420, 7507 46 CFR 183 ______6902 1048______7011 308______7054 192______6902 1100______— _____ 6425,7134 381______6894 Ch. n _____ — ______6009, 6115,6519,6833,7255,7751 1104______7134 P roposed R u l e s : 502______6594 1121______,______—— _ 7741 1 0 ______6902 542______6116 1332_____:______6425 11______6013, 6014, 6902 543— ______7150 P roposed R u l e s : ______6902 12______171______7073 30 ______6902 47 CFR 173______6437,7258 31 ______6902 0 ______7011 32 ______6902 1 ______6056, 6504, 7422 179______7258 33 _____ — ______6902 2_ 6423 391 ______71441 35______- ______6902 15______6504 392 ______7144] 50______6902 73______6507, 571______——______6761, 52______6902 7215, 7423, 7589, 7590,7741 54______6902 83 ______6423, 7215 6837-6839, 6903,7259,7753 j 56______6902 87 _ _ 7216 1048______'______7074 58______6902 89______7424 1115______6595 j 75______6902 91 ______7428, 7429 93 ______6902 97______6423, 7217 50 CFR 94 ______6902 P roposed R u les: 98------______6902 28______- ______7431! 110______6902 13—. : ______6437 3 2 - .— — ______— ______15 ______6438, 7018 111______6902 3 3______5980, 6754, 6896, 7221,7742 ______6902 25______7020 112______230____ 7431 113______6902 73— 6440, 7259, 7260, 7468, 7689, 7865

LIST OF FEDERAL REGISTER PAGES AND DATES— APRIL

Pages Date 5955-6066- April 1 6067-6328. 2 6329-6469. 3 6471-6552. 6 6553-6701. 7 6703-6816. 8 6817-6878 . 9 6879-6937- 10 6939-7042. 13 7043-7117. 14 7119-7208 15 7209-7294. 16 7295-7410. 17 7411-7494. 20 7495-7573. 21 7575-7641. 22 7643-7729. 23 7731-7826 24 7827-7886. 27

know UNITED STATES GOVERNMENT ORGANIZATION y o u r M ANUAL -1970/71

OFFICE OF THE FEDERAL REGISTER National Archives and Records Service General Services Administration

UNITED STATES GOVERNMENT ORGANIZATION MANUAL

1 9 7 0 / 7 1 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization» and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers» businessmen, and lawyers who need current official information about the U.S. Govern­ ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

.00 per copy. Paperbound, with charts

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