FEDERAL REGISTER VOLUME 35 • NUMBER 98 Wednesday, May 20,1970 • Washington, D.C. Pages 7719-7769

Agencies in this issue— Agency for International Development Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Communications Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Foreign Assets Control Office General Services Administration Housing and Urban Development Department Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau Public Health Service Reclamation Bureau Securities and Exchange Commission Small Business Administration Transportation Department Veterans Administration Wage and Hour Division Detailed. list of Contents appears inside. MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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¿s'****. r m m X I WJW ¥ ir f1IC,rr r ,Ib Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or rrllrn/ll r 111 [N I T t l on the day after an official Federal holiday), by the Office of the Federal Register, Nation * ' V * # * & Archives and Records Service, General Services Administration, Washington, D.C. 204 , Area Code 202 ^ Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 193& (49 Stat. 600, 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 Omc , Washington, D.C. 20402. . ln The F ederal R egister will be furnished by mall to subscribers, free of postage, for $2.50 per month or $25 per year, payaoie 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. uaift The regulatory material appearing herein is keyed to the Code o f F ederal R egulations, which is published, under 50 titles, purs to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations is sold by the Superinten e 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 of F ederal R egulation . Contents

AGENCY FOR INTERNATIONAL CONSUMER AND MARKETING FEDERAL TRADE COMMISSION DEVELOPMENT SERVICE Proposed Rule Making Notices Rules and Regulations Advertising of cyclamate-contain- ing artificial sweeteners as non­ Assistant Administrator for Pri­ Meat inspection; eligibility of Bulgaria and Romania for im­ prescription drugs; hearing re­ vate Resources et al.; delegation garding trade regulation rule_ 7744 of authority______7746 portation of meat products into the U.S______7724 FISH AND WILDLIFE SERVICE AGRICULTURAL RESEARCH Peaches, fresh, grown in Georgia; SERVICE expenses and rate of assessment Rules and Regulations for 1970-71 fiscal period_____ 7723 Necedah National Wildlife Refuge, Rules and Regulations Proposed Rule Making Wis.; sport fishing______7734 Hog cholera and other communi­ Proposed Rule Making cable swine diseases; areas quar­ Grain standards; general require­ antined (2 documents) ___ 7723, 7724 ments for official certificates_ 7739 Scallops, frozen raw; standards Milk, instant nonfat dry; grade for grades______7737 AGRICULTURAL STABILIZATION standards______7739 AND CONSERVATION SERVICE FOOD AND DRUG CUSTOMS BUREAU ADMINISTRATION Proposed Rule Making Notices Rules and Regulations Tobacco; allotments and market­ Reimbursable services; excess cost ing quotas, 1968-69 and sub­ of preclearance operations____ 7746 Antibiotics intended for use in sequent marketing years------7738 laboratory diagnosis of disease; oleandomycin phosphate diag­ AGRICULTURE DEPARTMENT FEDERAL COMMUNICATIONS nostic sensitivity powder______7735 See Agricultural Research Service; COMMISSION Food additives; carbohydrase and Agricultural Stabilization and Rules and Regulations cellulase enzyme preparation_ 7735 Conservation Service; Consumer Broadcast of telephone conversa­ Food additives and new animal and Marketing Service. tions ______7732 drugs; monensin and 3-nitro-4- hydroxyphenylarsonic acid____ 7734 ATOMIC ENERGY COMMISSION Table of assignments; certain FM broadcast stations (2 docu­ Notices Rules and Regulations ments)___ :______7730, 7731 Chemagro Corp.; withdrawal of Recognition of agreement State li­ Proposed Rule Making food additive petition__ I_____ 7748 censes ______7725 Auxiliary source of electrical Pentylenetetrazol-c o n ta in in g Notices energy on certain U.S. vessels_ 7743 drugs for human use; efficacy study implementation; oppor­ Consumers Power Co.; hearing on Notices tunity for hearing______7749 provisional operating license_ 7750 Hearings, etc.: Duquesne Light Co. et al.; state­ WPIX, Inc., and Forum Com­ FOREIGN ASSETS CONTROL ment on environmental consid­ munications, Inc______7754 erations ______7750 West, Glenn, and Soundvision OFFICE BUSINESS AND DEFENSE Broadcasting, Inc______7751 Rules and Regulations Foreign assets control regulations; SERVICES ADMINISTRATION FEDERAL POWER COMMISSION importations of certain mer­ Notices Notices chandise ______7728 Duty-free entry of scientific ar­ Hearings, etc.: GENERAL SERVICES ticles: El Paso Natural Gas Co. (2 California State College______7747 documents)______7759, 7760 ADMINISTRATION Children’s Hospital™ ______7747 Michigan Wisconsin Pipe Line Rules and Regulations Department of Commerce______7747 Co —. . . ______7760 Research .Triangle Institute___ 7748 Pacific Power & Light Co______7760 Requirements for cost or pricing Temple University Health Sci­ Pennzoil Producing Co______7761 data and price negotiations. 7728 ences Center______7748 Texas Eastern Transmission Corp ______7761 HEALTH, EDUCATION, AND CIVIL AERONAUTICS BOARD Transcontinental Gas Pipe Line WELFARE DEPARTMENT Notices C o rp ______7762 See Food and Drug Administra­ Domestic passenger fare investiga- Trunkline Gas Co______7762 tion; Public Health Service. tion; hearing, etc.'______7746 FEDERAL RESERVE SYSTEM HOUSING AND URBAN CIVIL SERVICE COMMISSION Rules and Regulations DEVELOPMENT DEPARTMENT Notices Interlocking bank relationships Notices Department of the Interior; non­ under Clayton Act; bank hold­ career executive assignment 7751 ing companies______7726 Assistant Secretary and Deputy Notices Assistant Secretary for Model Cities; delegation of authority. 7749 COMMERCE DEPARTMENT Huntington Bancshares, Inc.; ap­ See Business and Defense Services proval of acquisition of bank (Continued on next page) Administration. stock by bank holding company. 7763 7721 7722 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU SMALL BUSINESS See Pish and Wildlife Service; Proposed Rule Making ADMINISTRATION Land Management Bureau; Rules and Regulations Reclamation Bureau. Death Valley National Monu­ ment, Calif.; surface use regu­ Small business size standards; new INTERNAL REVENUE SERVICE lation of mineral lands______7737 size determination authority for Notices purpos.e of lease guarantee pro­ Rules and Regulations gram ______7726 Montana; proposed classification Excise taxes; payments made pur­ of public lands for multiple-use STATE DEPARTMENT suant to commitments entered management; correction______7746 into prior to January 1, 1970— 7727 See Agency for International De­ Oregon; proposed withdrawal and velopment. reservation of lands______7746 INTERSTATE COMMERCE TRANSPORTATION DEPARTMENT COMMISSION PUBLIC HEALTH SERVICE Rules and Regulations Notices Proposed Rule Making Standard time zone boundaries; Motor carriers: Air quality control regions; desig­ relocation of Central-Mountain boundary in Texas______7733 Alternate route deviation no­ nation and consultation with tices ______7764 authorities______7740 TREASURY DEPARTMENT Applications and certain other See Customs Bureau; Foreign As­ proceedings______7764 RECLAMATION BUREAU sets Control Office; Internal Temporary authority applica­ Revenue Service. tions ______7766 Notices Transfer proceedings______7767 Columbia Basin Project, Wash.; VETERANS ADMINISTRATION sale of full-time farm units____ 7747 Rules and Regulations LABOR DEPARTMENT Loan guaranty; release of secu­ SECURITIES AND EXCHANGE See also Wage and Hour Division. rity ______7728 Notices COMMISSION WAGE AND HOUR DIVISION Uniroyal Rubber Footwear Plant, Notices Rules and Regulations Woonsocket, R.I.; certification Four Seasons Nursing Centers of Seasonal industries; sugarcane of eligibility of workers to apply America, Inc.; suspension of processing and milling in Flor­ for adjustment assistance____ 7763 trading______!_ 7763 id a ______7727

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

7 CFR 21 CFR 42 CFR 918______7723 121 (2 documents)______7734 P roposed R u l e s : P roposed R u l e s : 135e______7734 81______— 7740 26______, ______7739 135g______!______7734 58___ '______- ______7739 147______7735 43 CFR 724______7738 26 CFR P roposed R u l e s : 9 CFR 143______7727 3400______; ______7737 76 (2 documents)______7723, 7724 327______- ______7724 29 CFR 47 CFR 10 CFR 526______7727 73 (3 documents)______7730-7732 P roposed R u l e s : 150______7725 31 CFR 83__ 7743 12 CFR 500______7728 212______7726 49 CFR 38 CFR 71______7733 13 CFR 36______7728 121______7726 41 CFR 50 CFR 16 CFR 5A-3______7728 33______— ...... - 7734 P roposed R u l e s : 5A-73______—______. 7729 P roposed R u l e s : 426______7744 5A-76______Ä______7729 273______7737 7723 Rules and Regulations

(ii) That portion of Butler County Title 7— AGRICULTURE Title 9— ANIMALS ANU bounded by a line beginning at the junc­ tion of the Butler, Carter, and Ripley Chapter IX— Consumer and Market­ ANIMAL PRODUCTS County lines; thence, following the But- ing Service (Marketing Agreements Chapter I— Agricultural Research ler-Ripley County line is an easterly and southerly direction to U.S. Highway 160; and Orders; Fruits, Vegetables, Service, Department of Agriculture Nuts), Department of Agriculture thence, following U.S. Highway 160 in SUBCHAPTER C— INTERSTATE TRANSPORTATION an easterly direction to Lone Hill Road PART 918— FRESH PEACHES GROWN OF ANIMALS AND POULTRY (also designated Route F ) ; thence, fol­ IN GEORGIA lowing Lone Hill Road (also designated PART 76— HOG CHOLERA AND Route F) in a northerly direction to Expenses and Fixing of Rate of OTHER COMMUNICABLE SWINE Proctor Creek; thence, following the Assessment for 1970—71 Fiscal Period DISEASES south bank of Proctor Creek in a north­ westerly direction to Ten Mile Creek; Pursuant to the marketing agreement, Areas Quarantined thence, following the east bank of Ten as amended, and Order No. 918, as Mile Creek in a northwesterly direction amended (7 CFR Part 918), regulating Pursuant to provisions of the Act of May 29, 1884, as amended, the Act of to Ten Mile Road (also designated Road the handling of fresh peaches grown in T T ); thence, following Ten Mile Road Georgia, effective under the applicable February 2, 1903, as amended, the Act of March 3, 1905, as amended, the Act (also designated Road TT) in a west­ provisions of the Agricultural Market­ erly direction to CCC Road (also known ing Agreement Act of 1937, as amended of September 6, 1961, and the Act of July 2, 1962 (21 U.S.C. 111-113, 114g, 115, as Beaver Dam Tower Road); thence, (7 U.S.C. 601-674), and upon the basis following CCC Road (also known as of the proposals submitted by the Indus­ 117, 120, 121, 123-126, 134b, 134f), Part 76, Title 9, Code of Federal Regulations, Beaver Dam Tower Road), in a generally try Committee (established pursuant to northwesterly direction to the Butler- said amended marketing agreement and restricting the interstate movement of swine and certain products because of Carter County line; thence, following the order), it is hereby found and deter­ Butler-Carter County line in a southerly mined that: hog cholera and other communicable swine diseases, is hereby amended in the direction to its junction with the Butler, § 918.209 Expenses and rate of assess­ following respects: Ripley, and Carter County lines. ment. 1. In § 76.2, the introductory portion (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, (a) Expenses. Expenses that are rea­ o f paragraph (e) is amended by delet­ 82 Stat. 791-792, as amended, secs. 1-4, 33 Stat. 1264, 1265, as amended, sec. 1, 75 Stat. sonable and necessary to be incurred by ing therefrom the name of the State 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. the Industry Committee during the of West Virginia; paragraph (e) (17) 1U, 112, 113, 114g, 115, 117, 120, 121, 123-126, period March 1, 1970, through Febru­ relating to the State of West Virginia is 134b, 134f; 29 F.R. 16210, as amended) ary 28, 1971, will amount to $14,357. deleted; and paragraph (f) is amended (b) Rate of assessment. The rate of by adding the name of the State of West Effective date. The foregoing amend­ assessment for said period, payable by Virginia. ments shall become effective upon each handler in accordance with § 918.41, issuance. 2. In § 76.2, paragraph (e)(19) relat­ The amendments quarantine a portion is fixed at $0.01 per bushel basket of ing to the State of Missouri is amended peaches (net weight of 48 pounds), or an of Butler County, Mo., because of the to read: existence of hog cholera. This action is equivalent of peaches in other containers (19) Missouri, (i) That portion of or in bulk. deemed necessary to prevent further Stoddard County bounded by a line spread of the disease. The restrictions It is hereby further found that it is beginning at the northwestern corner pertaining to the interstate movement impracticable, unnecessary, and con­ of Stoddard County at the junction of of swine and swine products from or trary to the public interest to give pre­ the Stoddard-Wayne and Stoddard- through quarantined areas as contained liminary notice, and engage in public Butler County lines; thence, following in 9 CFR Part 76, as amended, will apply rule-making procedure, and good cause the Stoddard-Wayne County line in an to such county. exists for not postponing the effective easterly direction to State Highway T; The amendments also exclude a por­ date hereof until 30 days after publica­ thence, following State Highway T in tion of Pendleton County, W. Va., from tion in the F ederal R eg ister (5 U.S.C. a generally northeasterly direction to the areas heretofore quarantined because 553) in that (1) shipments of fresh the northern boundary of sec. 2, of T. of hog cholera. Therefore, the restric­ peaches have already begun; (2) the 26 N., R. 8 E.; thence, following the tions pertaining to the interstate move­ relevant provisions of said amended northern boundary of secs. 2 and 1, of ment of swine or swine products from or marketing agreement and this part re­ T. 26 N., R. 8 E., in an easterly direction through quarantined areas as contained quire that the rate of assessment fixed to the northeastern corner of sec. 1, of in 9 CFR Part 76, as amended, will not for a particular fiscal period shall be ap­ T. 26 N., R. 8 E., thence following the apply to the excluded area, but will con­ plicable to all assessable peaches from eastern boundary of secs. 1, 12, and 13, tinue to apply to the quarantined areas the beginning of such period; and (3) the of T. 26 N., R. 8 E. in a southerly direc­ described in § 76.2. Further, the restric­ current fiscal period began March 1,1970, tion to State Highway J ; thence, follow­ tions pertaining to the interstate move­ and the rate of assessment herein fixed ing State Highway J in a northeasterly ment from nonquarantined areas con­ will automatically apply to all assessable direction to State Highway WW; thence, tained in said Part 76, will apply to the following State Highway WW in a gen­ peaches beginning with such date. area excluded from quarantine. erally southeasterly direction to U.S. The foregoing amendments also add (Secs. 1- 19, 48 stat. 31, as amended; 7 U.S.C. Highway 60; thence, following U.S. the State of West Virginia to the list of 601-674) Highway 60 in a southwesterly direction hog cholera eradication States in Dated: May 14,1970. to the St. Francis River (also the § 76.2(f). Stoddard-Butler County line); thence, Insofar as the amendments impose P aul A. Nicholson, following the east bank of the St. Francis certain further restrictions necessary to Deputy Director, Fruit and Vege­ River (also the Stoddard-Butler County prevent the interstate spread of hog table Division, Consumer and line) in a northwesterly direction to its cholera they must be made effective im­ Marketing Service. junction with the Stoddard-Wayne mediately to accomplish their purpose in [P.R. Doe. 70-6196; Filed, May 19, 1970; County line at the northwestern corner the public interest. Insofar as they re­ 8:47 a.m.] of Stoddard County. lieve restrictions, they should be made

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7724 RULES AND REGULATIONS effective promptly in order to be of maxi­ ondary Highway 637; thence, following easterly direction to Secondary Highway mum benefit to affected persons. Secondary Highway 637 in a southeast­ 656; thence following Secondary High­ Accordingly, under the administrative erly direction to Secondary Road 620; way 656 in a southeasterly direction to procedure provisions in 5 U.S.C. 553, it is thence, following Secondary Road 620 in U.S. Highway 58; thence, following U.S. found upon good cause that notice and a generally southwesterly direction to Highway 58 in a southeasterly direction other public procedure with respect to Secondary Highway 646; thence, follow­ to its junction with Primary State High­ the amendments are impracticable, un­ ing Secondary Highway 646 in a south­ way 35. necessary, and contrary to the public easterly direction to Secondary Highway (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, interest, and good cause is found for 644; thence, following Secondary High­ 32 Stat. 791-792, as amended, secs. 1-4, 33 making them effective less than 30 days way 644 in a southwesterly direction to Stat. 1264, 1265, as amended, sec. 1, 75 Stat. after publication in the F ederal Secondary Highway 646; thence, follow­ 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. R eg ister. ing Secondary Highway 646 in a soutti- I l l , 112, 113, 114g, 115, 117, 120, 121, 123-126, 134b, 134Í; 29 F.R. 16210, as amended) Done at Washington, D.C., this 14th easterly direction to Secondary Highway 638; thence, following Secondary High­ day of May 1970. Effective date. The foregoing amend­ way 638 in a southwesterly direction to ments shall become effective upon F . R . M angham, Secondary Highway 603; thence, follow­ issuance. Acting Administrator, ing Secondary Highway 603 in a gener­ The amendments quarantine portions Agricultural Research Service. ally southwesterly direction to Second­ of Southampton and Surry Counties in [F.R. Doc. 70-6194; Filed, May 19, 1970; ary Highway 635; thence, following Sec­ Virginia because of the existence of hog 8:47 a.m.] ondary Highway 635 in a generally cholera. This action is deemed necessary northeasterly direction to U.S. Highway to prevent further spread of the disease. 460; thence, following U.S. Highway 460 The restrictions pertaining to the inter­ PART 76— HOG CHOLERA AND in a northwesterly direction to Second­ state movement of swine and swine prod­ OTHER COMMUNICABLE SWINE ary Highway 618; thence, following Sec­ ucts from or through quarantined areas DISEASES ondary Highway 618 in a northeasterly as contained in 9 CFR Part 76, as direction to Secondary Highway 604; amended, will apply to the quarantined Areas Quarantined thence, following Secondary Highway areas designated heréin. 604 in a generally northwesterly direc­ The amendments impose certain Pursuant to provisions of the Act of tion to Secondary Highway 603; thence, May 29, 1884, as amended, the Act of further restrictions necessary to prevent February 2, 1903, as amended, the Act following Secondary Highway 603 in a the interstate spread of hog cholera and of March 3, 1905, as amended, the Act generally northerly direction to Second­ must be made effective immediately to ary Highway 614; thence, following Sec­ of September 6,1961, and the Act of July accomplish their purpose in the public 2, 1962 (21 U.S.C. 111-113, 114g, 115, 117, ondary Highway 614 in a generally- interest. Accordingly, under the adminis­ southwesterly direction to U.S. Highway 120, 121, 123-126, 134b, 134f), Part 76, trative procedure provisions in 5 U.S.C. Title 9, Code of Federal Regulations, re­ 460; thence, following U.S. Highway 460 553, it is found upon good cause that no­ stricting the interstate movement of in a northwesterly direction to Primary tice and other public procedure with re­ State Highway 40; thence, following Pri-„ swine and certain products because of spect to the amendments are impracti­ hog cholera and other communicable mary State Highway 40 in a southwest­ cable and contrary to the public interest, erly direction to Secondary Highway swine diseases, is hereby amended in the and good cause is found for making them following respects: 651; thence, following Secondary High­ effective less than 30 days after publica­ way 651 in a generally northwesterly tion in the F ederal R eg ister. In § 76.2, in paragraph (e) (16) relat­ direction to Secondary Highway 626; ing to the State of Virginia, subdivision thence, following Secondary Highway Done at Washington, D.C., this 15th (vi) relating to Surry, Isle of Wight, 626 in a generally northwesterly direc­ day of May 1970. Southampton, and Sussex Counties is tion to Secondary Highway 602; thence, F. R. M angham, amended, and a new subdivision (xvii) following Secondary Highway 602 in a relating to Southampton County is added Acting Administrator, generally northeasterly direction to Sec­ Agricultural Research Service. to read: ondary Highway 601; thence, following (16) Virginia. * * * Secondary Highway 601 iii a generally [F.R. Doc. 70-6222; Filed, May 19, 1970; (vi) The adjacent portions of Surry, southeasterly direction to Secondary 8:49 a.m.] Isle of Wight, Southampton, and Sussex Highway 607 ; thence, following Second­ Counties bounded by a line beginning at ary Highway 607 in a northeasterly di­ Chapter III— Consumer and Marketing the junction of Secondary Highways 611 rection to Secondary Highway 608; and 616 in Surry County; thence, follow­ thence, following Secondary Highway Service (Meat Inspection), Depart­ ing Secondary Highway 616 in a south­ 608 in a southeasterly direction to Pri­ ment of Agriculture westerly direction to Secondary Highway mary State Highway 40; thence, follow­ 615; thence, following Secondary High­ SUBCHAPTER A— MEAT INSPECTION ing Primary State Highway 40 in a REGULATIONS way 615 in a generally southeasterly di­ northeasterly direction to Secondary rection to Primary State Highway 31; Highway 611; thence, following Second­ PART 327— IMPORTED PRODUCTS thence, following Primary State High­ ary Highway 611 in a southeasterly di­ way 31 in a northeasterly direction to rection to its junction with Secondary Eligibility of Bulgaria and Romania for Secondary Highway 616; thence, follow­ Highway 616. Importation of Meat Products Into ing Secondary Highway 616 in a generally * * * * * the United States northeasterly direction to Secondary Highway 626; thence, following Second­ (xvii) That portion of Southampton On February 26, 1970, there was pub­ ary Highway 626 in a generally south­ County bounded by a line beginning at lished in the F ederal R egister (35 F-R- easterly direction to Secondary Highway the junction of U.S. Highway 58 and 3760), a notice of a proposal to amend 621; thence, following Secondary High­ Primary State Highway 35; thence, fol­ § 327.2 of the Federal Meat Inspection way 621 in a southwesterly direction to lowing Primary State Highway 35 in a Regulations (9 CFR Part 327), to change Secondary Highway 680; thence, follow­ southwesterly direction to Secondary paragraph (b) of that section to include ing Secondary Highway 680 in a south­ Highway 693; thence, following Second­ the words “Bulgaria” and “Romania” in easterly direction to Secondary Highway ary Highway 693 in a westerly direction to alphabetical order in the list of countries 683; thence, following Secondary High­ Secondary Highway 657; thence, follow­ specified therein from which certain way 683 in a southerly direction to Sec­ ing Secondary Highway 657 in a north­ products (meat, meat food product, and ondary Highway 623; thence, following westerly direction to Secondary Highway meat byproduct) may be imported into Secondary Highway 623 in a westerly 653; thence, following Secondary High­ the United States as provided in said direction to Secondary Highway 621; way 653 in a northeasterly direction to regulations. thence, following Secondary Highway Secondary Highway 652; thence, follow­ After due consideration of all relevant 621 in a southwesterly direction to Sec- ing Secondary Highway 652 in a south­ matters in connection with the notice of

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 RULES AND REGULATIONS 7725 proposed rule making and under the au­ F ederal R egister (34 F.R. 19996) a pro­ number of reports required of persons thority of the Federal Meat Inspection posed amendment to its regulation 10 proposing to engage in activities under Act (34 Stat. 1260, as amended by the CFR Part 150, “Exemptions and Con­ the general license. The amendment will Wholesome Meat Act of 1967, 81 Stat. tinued Regulatory Authority in Agree­ simplify licensing of radioactive ma­ 584, 21 U.S.C. 601 et seq.), paragraph (b) ment States Under Section 274,” which terials without compromising health and of § 327.2 is hereby amended to read as would (a) increase the time during which safety. follows: - persons holding specific licenses from Pursuant to the Atomic Energy Act of § 327.2 Eligibility of foreign countries Agreement States may engage in activ­ 1954, as amended, and sections 552 and for importation of product into the ities in non-Agreement States under the 553 of title 5 of the United States Code, United States. general license in § 150.20 from 20 days the following amendment to Title 10, * * * * * in any period of 12 consecutive months Chapter I, Code of Federal Regulations, to 180 days in any calendar year; (b) Part 150, is published as a document (b) It has been determined that prod­limit the application of the general li­ subject to codification effective thirty uct from the following countries, cov­ cense to a person holding a specific li­ (30) days after publication in the ered by foreign meat inspection certifi­ cense issued by the State where the F ederal R eg ister. cates of the country of origin as required licensee maintains an office for directing Section 150.20 of 10 CFR Part 150 by § 327.6, except fresh, chilled or frozen, the licensed activity and at which radi­ is amended to read as follows: or other product ineligible for impor­ ation safety records are normally main­ tation into the United States from coun­ tained; and (c) modify the requirements § 150.20 Recognition of Agreement State tries in which the contagious and com­ for notifying the Commission of pro­ licenses. municable disease of rinderpest, or of posed activities to be conducted in non- (a) Subject to the provisions of para­ foot-and-mouth disease, or of African Agreement States under the general graph (b) of this section, and person who swine fever exists as provided in Part license. holds a specific license from an Agree­ 94 of this title, is eligible for importa­ All interested persons were invited to ment State where the licensee maintains tion into the United States after inspec­ submit written comments and sugges­ an office for directing the licensed activ­ tion and marking as required by the tions for consideration in connection ity and at which radiation safety records applicable provisions of Parts 301 with the proposed amendment within 60 are normally maintained, is hereby through 328 of this subchapter. days after publication of the notice of granted a general license to conduct the Argentina. Ireland (Eire). proposed rule making in the F ederal same activity in non-Agreement States: Australia. Italy. R eg ister . No adverse comments were re­ Provided, That the specific license does Austria. Japan. ceived. The Commission has adopted the not limit the activity authorized by the Belgium. Luxembourg. proposed amendments. The text of the license to specified installations or Bulgaria. Mexico. locations. Brazil. Netherlands. amendment set out below is identical Canada. New Zealand. with the text of the proposed amendment (b) Notwithstanding any provision to Colombia. Nicaragua. published December 20,1969. the contrary in any specific license issued Costa Rica. Northern Ireland. The amendment increases the time by an Agreement State to a person who Czechoslovakia. Norway. that persons holding specific licenses engages in activities in a non-Agreement Denmark. Panama. from Agreement States are permitted to State under a general license provided in Dominican Republic. Paraguay. engage in activities in non-Agreement this section, the general license provided England and Wales. Poland. States under the general license from 20 in this section is subject to the provisions Finland. Romania. days in any period of 12 consecutive France. Scotland. of §§ 30.14(d), 30.34, and 30.51 to 30.63 Germany (Fed­ Spain. months to 180 days in any calendar year. inclusive of Part 30 of this chapter; eral Republic). Sweden. This increase in time will encourage the §§ 40.41, 40.61 to 40.63 inclusive, *40.71, Guatemala. Switzerland. use of thè general license by Agreement and 40.81 of Part 40 of this chapter; and Haiti. Uruguay. States specific licensees who are engaged §§ 70.32, 70.51 to 70.56 inclusive, 70.61, Honduras. Venezuela. in transient field operations. 70.62, and 70.71 of Part 70 of this chap­ Hungary. Yugoslavia. The amendment limits use of the gen­ Iceland. ter; and to the provisions of Parts 20 eral license to the specific licensee whose and 71 and Subpart B of Part 34 of this (Sec. 21, 34 Stat. 1260, as amended, 21 U.S.C. license was issued by the Agreement State chapter. In addition, any person who 621; 29 F.R. 16210, as amended; 33 F.R. where the licensee maintains an office engages in activities in non-Agreement 10750) for directing the licensed activity and States under a general license provided The foregoing amendment shall be­ at which radiation safety records are in this section: come effective 30 days following publica­ normally maintained. This State will be (1) Shall, at least 3 days prior to tion of this notice in the F ederal in the best position to evaluate the engaging in each such activity, file four R egister. licensed activities and to require and copies of Form AEC-241 (revised), “Re­ enforce any corrective measures which port of Proposed Activities in Non- Done at Washington, D.C., on May 14, might be desirable or necessary in the 1970. Agreement States,” and four copies of interest of public health and safety. his Agreement State specific license with R ichard E. L yng, Agreement State specific licensees will the Director of the Atomic Energy Com­ Assistant Secretary. be required to file Form AEC-241, “Re­ mission Regional Compliance Office listed [F.R. Doc. 70-6197; Filed, May 19,' 1970; port of Proposed Activities in Non-Agree­ in Appendix D of Part 20 of this chapter 8:47 a.m.] ment States,” at least 3 days prior for the region in which the Agreement to engaging in any activities in non- State that issued the specific license is Agreement States under § 150.20. The located. The Director of the Atomic Director of the Commission’s appropriate Energy Commission Regional Compliance Title 10— ATOMIC ENERGY Regional Compliance Office is authorized Office may authorize such person to com­ Chapter I— Atonrjjc Energy to permit commencement óf the activity mence the activity upon notification by Commission without the 3-day period notice upon re­ telephone of intent to conduct the pro­ ceipt of telephone notification. Also, he is posed activity under the general license: PART 150— EXEMPTIONS AND CON­ authorized to waive the requirement for Provided, however, That four copies of TINUED REGULATORY AUTHORITY filing additional reports during the re­ Form AEC-241 (revised) and four IN AGREEMENT STATES UNDER mainder of the calendar year, following copies of the Agreement State license SECTION 274 the receipt of the initial report. shall be filed within 3 days after the The Commission expects that the telephone notification. The Director of Recognition of Agreement State amendment of the general license in the Atomic Energy Commission Regional Licenses § 150.20 will permit a greater number of Compliance Office may waive the require­ Agreement State specific licensees to use ment for filing additional Forms AEC- 20, 1969, the Atomic the-general license, reduce the need for 241* (revised) during the remainder of energy Commission published in the multiple specific licenses, and reduce the the calendar year following the receipt

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7726 RULES AND REGULATIONS

of the initial Form AEC-241 (revised) banks and securities companies—the from a person engaging in activities Board expressed the view that where the Title 13— BUSINESS CREDIT under the general license provided in principal activity of a holding company this section; is the ownership and control of a bank or AND ASSISTANCE (2) Shall not, in any non-Agreement banks, the holding company and each State transfer or dispose of radioactive member bank subsidiary should be con­ Chapter I— Small Business material possessed or used under the sidered as constituting together a single Administration general license provided in this section entity for the purpose of that statutory except by transfer to a person (i) spe­ provision. Accordingly, the Board con­ [Rev. 9, Amdt. 4] cifically licensed by the Commission to cluded that section 32 prohibits a person PART 121— SMALL BUSINESS SIZE receive such material, or (ji) exempt who is primarily engaged in section 32 STANDARDS - from the requirements for a license business, or associated as specified in for such material under § 30.14 of this that section with an organization so en­ New Size Determination Authority for chapter; gaged, from serving also as an officer, Purpose of Lease Guarantee Prbgram (3) Shall not possess or use radio­ director, or employee of such a holding active material, or engage in the activ­ company (1969 Federal Reserve Bulletin In Delegation of Authority No. 4 (Re­ ities authorized in paragraph (a) of this 52; §218.114 of this chapter). In that vision 1), Amendment 5, the Adminis­ section for more than 180 days in any interpretation, the Board stated: “* * * trator of the Small Business Administra­ 'calendar year; the affairs of the member bank and the tion delegated authority to the Associate (4) Shall comply with all terms and holding company would be so closely Administrator for Financial Assistance conditions of the specific license issued identified and functionally related that to make size determinations for the pur­ by an Agreement State except such the same possibilities of abuse which sec­ pose of the Lease Guarantee Program. terms or conditions as are contrary to tion 32 was designed to guard against Accordingly, Part 121 of Chapter I of the requirements of this section. would be present in the case of a director Title 13 of the Code of Federal Regula­ (Secs. 161, 274, 68 Stat. 948; 73 Stat. 688; of the holding company as in the case tions is amended as follows: 42 U.S.C. 2201, 2021) of a director of the member bank. To 1. Section 121.3-1 (b) (4) is revised to give cognizance to the separate corporate read as follows: Dated at Germantown, Md., this 11th entities in such a situation would * * * day of May 1970. § 121.3—1 Purpose and method of estab- partially frustrate congressional purpose . lishing size standards. For the Atomic Energy Commission. in enacting the statute.” Likewise, the * * * * * Board recently determined that concur­ W . B. M cCool, (b) Method of establishing size stand­ Secretary. rent service by an individual as a director of a wholly owned credit card subsidiary ards. * * * [P.R. Doc. 70-6165; Piled, May 19, 1970; (4) Product classification decision. , 8:45 a.m.] of a national bank and as director of another member bank in a contiguous The SBA Area Administrator or his dele­ municipality wa^s prohibited by section 8 gatee of the SBA Region in which the of the Clayton Act, since, in the Board’s principal office of the applicant, not in­ opinion, the credit card subsidiary was cluding its affiliates, is located, shall de­ Title 12— BANKS AND BANKING termine the appropriate SIC classifica­ Chapter II— Federal Reserve System essentially a department or division of its parent bank (1970 Federal Reserve Bul­ tion, except that for procurement pur­ SUBCHAPTER A— BOARD OF GOVERNORS OF letin 344; §212.101). Furthermore, in poses the determination shall be made THE FEDERAL RESERVE SYSTEM enforcing other provisions of section 8 by the official specified in § 121.3-8, and [Reg. L] relating to nonbank corporations, the for lease guarantee reinsurance purposes the determination shall be made by the PART 212— INTERLOCKING BANK RE­ courts have gone beyond the specific lan­ guage of that section in order to effectu­ Associate Administrator for Financial LATIONSHIPS UNDER THE CLAYTON ate congressional purpose. U.S. v. Sears Assistance. Such determination shall be ACT Roebuck and Co., 165 F. Supp. 356 subject to appeal in the manner provided Bank Holding Companies (1958). in § 121.3-6. (d) With respect to the instant ques­ 2. The first and third sentences of § 212.102 Applicability of section 8 of tion, the Board was of the view that § 121.3-4 are revised to read as follows: thè Clayton Act to bank holding considerations similar to those just dis­ § 121.3—4 Size determinations. companies. cussed are persuasive and that, there­ (a) The Board recently was asked fore, a holding company whose principal Original size determinations shall be made by the Area Administrator, or his whether section 8 of the Clayton Act (15 activity is the ownership and control of U.S.C. 19) and Fédéral Reserve Regula­ banks, and each of its bank subsidiaries, delegatee, Serving the area in which the tion L, “Interlocking Bank Relationships should be considered as constituting to­ principal office of the concern (not in­ cluding its affiliates) whose size is in Under The Clayton Act” (this Part 212) , gether a single entity for the purposes of prohibit an officer, director, or employee section 8. Accordingly, the Board con­ question is located, except that for lease of a member bank from serving at the cluded that, if an interlocking relation­ guarantee reinsurance purposes such de­ same time in any such capacity with a ship between two banks is prohibited by terminations shall be made by the Asso­ holding company the principal activity of ciate Administrator for Financial Assist­ section 8 (none of the exceptions speci­ ance. * * * The Area Administrator, or of which is the ownership and control of fied in the statute or Regulation L banks, where such interlocking service being applicable), such a relationship is his delegatee, or the Associate Adminis­ between the member bank and a bank in also prohibited between a parent hold­ trator for Financial Assistance, promptly the holding company system would be ing company of one of the banks and a shall notify, in writing by certified map, prohibited. bank not a member of the holding com­ return receipt requested, the concern in (b) Section 8 and Regulation L, with pany group. The Board concluded also question and other interested persons of certain exceptions, prohibit any person that interlocking service between parent his decision. * * * who is a director, officer, or employee of holding companies is prohibited by sec­ 3. Section 121.3-6(b) (1) (ii) is revised, any member bank from serving in any tion 8 if it is prohibited between any of the first sentence of paragraph (b) (3) (i) such position with “any other bank, their respective bank subsidiaries. is revised, and paragraphs (b) (4) (iv) banking association, savings bank, or (Interprets and applies 15 U.S.C. 19) and (c) are revised to read as follows: trust company” where the two banks are located in the same, contiguous, or adja­ By order of the Board of Governors, § 121.3—6 Appeals. cent cities, towns, or villages. May 12,1970. ***** (c) In a similar situation involving [sea l] E lizabeth L. Carmichael, (b) Method of appeal— (1) Who may section 32 of the Banking Act of 1933 (12 Assistant Secretary. appeal. * * * U.S.C. 78)—which prohibits interlocking [F.R. Doc. 70-6216; Filed, May 19, 1970; (ii) Any concern or other interested personnel relationships between member 8:49 a.m.] party which has been adversely affected

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 1ÌULES AND REGULATIONS 7727 by a decision of an Area Administrator, The regulations set forth herein are or his delegatee, or of the Associate Ad­ temporary and are designed to inform Title 29— LABOR ministrator for Financial Assistance, taxpayers, for the period prior to the Chapter V— Wage and Hour Division, pursuant to §§ 121.3-4 and 121.3-5. issuance of final regulations or the with­ Department of Labor ***** drawal or modification of these tempo­ rary regulations, of the application of PART 526— INDUSTRIES OF A SEA­ (3) Time for appeal, (i) An appeal sections 4945 and the applicable part from a size determination or product SONAL NATURE AND INDUSTRIES of section 4941 to commitments entered WITH MARKED SEASONAL PEAKS classification by an Area Administrator into prior to January 1, 1970, to make or his delegatee or by the Associate Ad­ certain payments. OF OPERATION ministrator for Financial Assistance, may In order to provide such temporary be taken at any time, except that, be­ Sugarcane Processing and Milling in regulations under sections 4941 and 4945 Florida cause of the urgency of pending procure­ of the Internal Revenue Code of 1954, ments, appeals concerning the small the following regulations are adopted. On page 5044 of the F ederal R egister business status of a bidder or offeror in Such regulations supersede paragraph of March 25, 1970, there was published a a xpending procurement may be taken (b) of § 143.1 of Treasury Decision 7022. proposal regarding the Sugarcane Proc­ within five (5) days, exclusive of Satur­ (26 CFR Part 143), approved January 19, essing and Milling Industry in Florida as days, Sundays, and legal holidays, after 1970 (35 F.R. 763). an industry of a seasonal nature within receipt of a decision by an Area Adminis­ the meaning of section 7(c) and 7(d) of trator or his delegatee. * * * § 143.8 Commitments of private foun­ dations entered into prior to Janu­ the Fair Labor Standards Act of 1938, as * * * * * ary 1, 1970 to make certain pay­ amended. Interested persons were given (4) Notice of appeal. * * * ments; self-dealing and taxable 30 days in which to submit written com­ (iv) A. concise and direct statement of expenditures. ments, suggestions, or objections regard­ ing the proposed regulations. the reasons why the decision of an Area (a) In general. Section 4941(a) im­ Administrator or his delegatee, the con­ poses certain taxes on a “disqualified No objections have been received and tracting officer or the Associate Adminis­ person” with respect to each act of self- the proposed regulations are hereby trator for Financial Assistance is alleged dealing between such a “disqualified per­ adopted without change and are set forth to be erroneous. son” and a private foundation. For pur­ below. * * * ♦ * poses of section 4941 only, section 4946 Effective date. This regulation-shall be (c) Notice to interested parties. The (a) (1) includes in the term “disqualified effective upon publication in the F ederal Size Appeals Board shall promptly ac­ person” a “government official” as de­ R eg ister. knowledge receipt of the notice of appeal fined in section 4946(c). Section 4945(a) Signed at Washington, D.C., this 14th and shall send a copy of such notice of imposes certain taxes on each taxable day of May 1970. appeal to the appropriate Area Adminis­ expenditure, as defined in section 4945 trator or his delegatee, the contracting (d ), of a private foundation. R obert D. M oran, officer (if at pending procurement is in­ (b) Exception for certain payments. Administrator, Wage and Hour volved) and to other parties known to be Section 4941 shall not apply to a payment Division, United States De­ interested in the appeal, or, if the appeal made on or after January 1, 1970, by a partment of Labor. was from a decision of the Associate Ad­ private foundation to a government of­ Section 526.12 of Title 29, Code of ministrator for Financial Assistance, to ficial, and section 4945 shall not apply Federal Regulations, is hereby amended the Associate Administrator for Finan­ to an expenditure made on or after such as follows: cial Assistance. date, if the payment or expenditure was * * * * * made pursuant to a commitment entered § 526.12 Seasonal industries engaged in into prior to such date, but only if such certain operations on perishable agri­ The above changes are only to reflect cultural or horticultural commodi­ changes in SBA organization and accord­ commitment was made in accordance with the foundation’s usual practices ties. ingly shall become effective upon pub­ ***** lication in the F ederal R eg ister. and is reasonable in amount in light of its purposes. For purposes of the preced­ (b) * * * Dated: May 7,1970. ing sentence, a commitment will be con­ • (6) Sugarcane processing and milling Hilary S andoval, Jr., sidered entered into prior to January 1, industries— (i) Sugarcane processing Administrator. 1970, if prior to such date, the amount and milling industry^ in Florida. The and nature of the payments to be made activities comprising the industry are [F.R. Doc. 70-6190; Filed, May 19, 197Ó; and the name of the payee have been the following: 8:47 a.m.] entered on the records of the payor, or (a) The loading of sugarcane in the have been otherwise adequately evi­ fields and its transportation to a sugar­ denced, or the notice of the payment to cane processing mill when performed by Title 26-IN TERN AL REVENUE be received has been communicated to employees of the processor; the unload­ the payee in writing. ing of sugarcane at the mill; and the Chapter I— Internal Revenue Service, Because of the need for immediate processing of sugarcane into raw sugar, Department of the Treasury guidance with respect to the provisions syrup, and molasses; SUBCHAPTER D— MISCELLANEOUS EXCISE TAXES contained in this Treasury decision, it (b) The following operations when performed on the premises of a sugar­ [TJ3. 7042] is found impracticable to issue it with notice and public procedure thereon cane mili while the sugarcane is being PART 143— TEMPORARY EXCISE TAX under subsection (b) of section 553 of processed: The immediate' refining, as REGULATIONS UNDER THE TAX title 5 of the United States Code or sub­ one of a connected series of operations, of raw sugar produced from sugarcane REFORM ACT OF 1969 ject to the effective date limitation of subsection (d) of that section. ground on the premises; the refining, by the introduction into such series of Payments Made Pursuant to Commit­ (Sec. 7805, Internal Revenue Code of 1954 ments Entered Into Prior to Janu­ (68A Stat. 917; 26 U.S.C. 7805) ) operations, of raw sugar which has been ary 1, 1970 produced d u rin g the same grinding sea­ [ seal] R andolph W. T hrow er, son in other Florida cane processing The following regulations relate to the Commissioner of Internal Revenue. plants of the employer, except in estab­ application of section 4945 of the Internal Approved: May 14,1970. lishments where the refined sugar made Revenue Code of 1954 as added by sec­ from such transferred raw sugar con­ tion 101(b) of the Tax Reform Act of J o h n S . Nolan, stitutes one-half or more of the refined 1969 (83 Stat. 513) and that part of sec­ Acting Assistant Secretary sugar produced during the cane process­ tion 4941 of the Code as added by that of the Treasury. ing season, or where purchased raw Act (83 Stat. 500) which relates to pay­ [F.R. Doc. 70-6200; Filed, May 19, 1970; sugar, or raw sugar produced outside of ments to government officials. 8:48 a.m.] Florida is refined during the cane

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 No. 98------2 7728 RULES AND REGULATIONS processing season; the burning, removing Vegetables, fresh, Chinese type, from Subpart 5A—3.8— Price Negotiation from the premises or dehydrating of Mexico. Walnuts from India, Pakistan, Rumania, Policies and Techniques bagasse resulting from the processing of and Yugoslavia. sugarcane; Subpart 5A-3.8 is amended to add new (c) The handling, baling, bagging, [seal] M argaret W. S chwartz, §§ 5A-3.807 and 5A-3.807-3, as follows: packing, and storing of the sugar, syrup, Director, § 5A—3.807 Pricing techniques. Office of Foreign Assets Control. molasses, or bagasse; § 5A—3.807—3 Requirements for cost or (d) The repair of mechanical equip­ [F.R. Doc. 70-6201; Filed, May 19, 1970; pricing data. ment used in loading and transporting 8:48 a.m.] sugarcane to the mill; (a) Cost or pricing data which are required by the contracting officer in (e) Any operations necessary and in­ accordance with § 1-3.807-3 shall consist cidental to those described in (a), (b), Title 38— PENSIONS, BONUSES, of all available facts which are relevant (c), and (d) of this subdivision, includ­ to the negotiation of a contract price ing the placing of these products in stor­ (see § 1-3.807-3 (h) ). It is the con­ age or transportation facilities on or near AND VETERANS’ RELIEF tracting officer’s responsibility to deter­ the premises; and Chapter I— Veterans Administration mine the acceptable content of such data (/) Clerical, custodial, or other com­ on the basis of its adequacy for contract mon activities in the harvesting and PART 36— LOAN GUARANTY pricing. Where such data is determined processing of sugarcane in Florida per­ Release of Security to be inadequate, the contracting officer formed by employees of a processing shall insist that the contractor give him establishment during the processing sea­ In § 36.4324, paragraph (a) is amended the specific data which he needs. Advi­ son as an incident to or in conjunction to read as follows: sory audit assistance may be requested in with the harvesting of the cane processed § 36.4324 Release of security. making such determinations. Contractor at such establishment in accordance with proposals providing . required cost or the customary practice of the enter­ (a) Except upon full payment of thepricing data which are determined to prises of the sugarcane processing and indebtedness the holder shall not release be inadequate shall be considered milling industry in Florida. a lien or other right in or to real prop­ unacceptable. 4« * * * * erty held as security for a guaranteed or (b) Cost of pricing data may be ob­ (Sec. 7 (c) and (d ), 52 Stat. 1063, as insured loan, or grant a fee or other in­ tained by requesting the contractor to amended by sec. 204(c), 80 Stat. 835,*" 29 terest in such property, without the prior use the appropriate Department of De­ U.S.C. 207 (c) and (d) approval of the Administrator, unless in fense DD Form 633, Contract Pricing [F.R. Doc. 70-6205; Filed, May ' 19, 1970; the opinion of the holder such release Proposal, which identifies the usual 8:48 a.m.J does not involve a decrease in the value breakout of cost elements to be reported of the security in excess of $500: Pro­ on or identified. However, the contract­ vided, That the aggregate of the reduc­ ing officer shall not insist upon the use tion in the original value of the security of this form when the contractor indi­ Title 31— MONEY AND resultant from such releases without the cates he will make a more efficient pre­ Administrator’s prior approval does not sentation by use of another format: Pro­ FINANCE: TREASURY exceed $500. vided, That in such cases the informa­ it, * * * * tion furnished includes pertinent details Chapter V— Office of Foreign Assets (72 Stat. 1114; 38 U.S.C. 210) as to cost elements and the specific state­ Control, Department of the Treasury This VA Regulation is effective upon ments, authorizations and certification publication in the F ederal R eg ister. required by the applicable form. When­ PART 500— FOREIGN ASSETS ever a contractor refuses to provide cost CONTROL REGULATIONS Approved: May 14,1970. or pricing data, the matter shall be re­ Importations of Certain By direction of the Administrator.. ferred, as provided for by § 1-3.807-6, to •the Assistant Commissioner for Procure­ Merchandise [seal ] F red B. R hodes, ment, or the Assistant Commissioner for Section 500.204, Appendix, Item (101) Deputy Administrator. Automated Data Management Services, is being amended to add to the list [F.R. Doc. 70-6192; Filed, May 19, 1970; as appropriate. therein of commodities from specified 8:47 a.m.] (c) The requirements for cost or pric­ countries, antimony (metal) from ing data, for purposes of price negotia­ Czechoslovakia. tion, may be excepted or waived as pro­ As amended, Item (101) reads as vided for by § 1-3.807-3 (b), (c), (f), follows: Title 41— PUBLIC CONTRACTS and (g). All such action shall be docu­ mented in detail in the contracting offi­ (101) Quotas for imports of certain com­ AND PROPERTY MANAGEMENT modities based on current availabilities. cer’s record of negotiation (see § 1-3.811 Under certain limited circumstances, quotas Chapter 5A— Federal Supply Service, (a ) (4 )). Whenever it is determined by have been established for the importation General Services Administration the contracting officer that the require­ of certain commodities under annual limita­ ments for cost or pricing data should tions set by the amount determined as cur­ REQUIREMENTS FOR COST OR PRIC­ be waived for exceptional conditions, he rently available for export. ING DATA AND PRICE NEGOTIA­ shall provide written recommendation Licenses are issued for: TIONS to the Office of the appropriate Assistant Antimony (metal) from Czechoslovakia. Commissioner, identified in paragraph Cotton manufactures from Czechoslovakia, Parts 5A-3,- 5A-73, and 5A-76 are (b) of this section, for referral to higher Hungary, Poland, Rumania, and the amended as follows: authority. U.S.S.R. Dried eggs from Argentina, Denmark, Fed­ PART 5A-3— PROCUREMENT BY (d) Pricing on the basis of “Estab­ eral Republic of Germany, Poland, NEGOTIATION lished catalog or market prices of com­ South Africa, Spain, Sweden, and the mercial items sold in substantial quan­ .United Kingdom. The table of contents of Part 5A-3 is tities to the general public” is defined in Feathers, Asiatic, from Japan and Malaysia. amended to add the following new § 1-3.807-1 (b) (2). Firecrackers from Macao. (1) When it is proposed to use this Lotus seeds from Thailand. entries: Lychees from Mexico. Sec. basis for pricing, data shall be required Mung beans from Peru and Thailand. 5A-3.807 Pricing techniques. from the prospective contractor for re­ Silk, raw and waste, from Bulgaria. 5A-3.807-3 Requirements for cost or pricing view and evaluation by the contracting Tung oil from Malawi. data. officer to determine whether the criteria

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 RULES AND REGULATIONS 7729

of § 1-3.807-1 (b) (2) are met, including Subpart 5A—73.1— Production and volve transactions related to this proposal (i) prices claimed to be “based on” Maintenance which will permit adequate evaluation and established catalog or market prices of verification thereof. Subpart 5A-73.1 is amended to add F. Cost or Pricing Data, (a) If it is deter­ commercial items sold in substantial mined by the Government that the price(s) quantities to the general public, and (ii) new § 5A-73.121, as follows: quoted under this solicitation is not based purchases of standard commercial or § 5A—73.121 Basis for price negotiation on established catalog or market prices of modified commercial items from a sole- of multiple award schedule contracts. commercial items sold in substantial quan­ source supplier (see § 1-3.807-12). tities to the general public, or prices set (a) The following provisions shall be by law or regulation, the offeror shall submit (2) If the data obtained from the included in all solicitations for multiple in writing cost or pricing data in support prospective contractor and other data award schedule contracts. of the proposed price. The data shall sum­ available to the contracting officer do not marize incurred and estimated costs (and meet the criteria of § 1-3.807-1 (b) (2) , B asis for Price Negotiation attached supporting schedules and informa­ the prospective contractor shall be re­ A. General. Prices for items to be awarded f tion) suitable for a detailed review and anal­ quired to submit cost or pricing data and under this solicitation normally will be ysis in the light of the specific facts of this negotiations shall be conducted on the negotiated on the basis of discounts from procurement. For example, the cost or pric­ basis thereof. Accordingly, in all solicita­ suppliers’ established catalog or market ing data shall identify the major elements tions for negotiated contracts where the prices. Pricing data for the purpose of such of cost or price which the offeror considers negotiation shall be submitted and certified necessary and reasonable in the efficient per­ basis for pricing described in subpara­ as hereafter provided. formance of the contract, such as: direct graph (1) of this paragraph is proposed, B. Established Catalog or Market Prices. If material (including purchased parts, sub­ provision shall be made to reserve the the prices offered under this solicitation are contracted items, standard commercial items, right to require cost or pricing data. based on established catalog or market etc.); direct labor (engineering and/or man­ Upon final agreement on price(s), after prices, a certification is required that such ufacturing) and related overhead; general completion of negotiations, the cost or ¡prices are established catalog or market and administrative expenses; and proposed pricing data shall be certified pursuant to prices for commercial items as defined in-i profit or fee (see FPR 1-3.807-2(c) and § 1-3.807-4. In appropriate cases (&ee FPR 1-3.807-1 (b) (2). 1-3.807-3 (h)). § 1-3.807-3 (c) anc. (g ), the provision C. Certificate of Established Catalog or (b) The offeror shall certify, by the use of Market Price. This is to certify that to the the certificate in FPR 1-3.807-4, that to the for cost or pricing data may also be best of my knowledge and belief: best of his knowledge and belief, the cost made in solicitations for contracts not (a) The price(s) quoted in this proposal or pricing data submitted in accordance with expected to exceed $100,000. is based on established catalog or market the above is accurate, complete and current. (3) The foregoing requirements shall prices of commercial items, as defined in (c) The above-referenced “Certificate of be implemented by inclusion in solicita­ FPR 1-3.807-1 (b) (2), in effect as of the date Current Cost or Pricing Data” is imple­ tions of the “Basis for Price Negotiation of supplier’s offer or as of the dates of any mented by the contract clauses in FPR revisions submitted during the course of 1-3.814, including those clauses pertaining to Provision” prescribed in § 5A-73.121(a) negotiations. “Price Reduction for Defective Cost or Pric­ and use. of the format prescribed in § 5A- (b) Substantial quantities of the items ing Data” and “Audit-Price Adjustments.” 76.313; however, when the latter is used have been sold to-the general public at such The applicable and appropriate clauses cited in solicitations for other than multiple- prices. therein are incorporated by reference in this award Federal Supply Schedule con­ (c) All of the data (including sales data) solicitation, and shall become a part of tracts, it should be modified to delete submitted with this offer are accurate, com­ any contract awarded pursuant to this material pertinent only to that type of plete, and current representations of actual solicitation. contract. transactions to the date when price nego­ tiations are concluded. (b) Pricing data required by this § 5A- (e) Advisory audit assistance relative 73.121 shall be obtained by use of Dis­ to contract audit as a pricing aid shall Name and Title of Person Authorized To count Schedule and Marketing Data be obtained as provided for by §§ 1-3.809 Sign Offer (Type or P r in t ) ____ - ______sheets (see paragraph (c) of this sec­ and 5-3.809. The action required as a Signature ______;______tion). In this regard, offerors shall be result of postaward audit of cost or pric­ F irm ______required to prepare individual'data sheet ing data is stated in § 1-3.812. Date of Execution ______A______1___ sets for each Index Item Number on (f) The extent of documentation for which an offer is being submitted. Offer­ Caution: False statement may subject the an appropriate record of price negotia­ offeror to penalties provided by statute and ors shall also be required to reproduce the tions is provided by § 1-3.811. regulation. data sheet sets from the sample set at­ (g) The criteria for use of contract D. Price Reduction for Defective Pricing tached to the solicitation. clauses in solicitations and contracts, in Data. If, subsequent to the award of any

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7730 RULES AND REGULATIONS

3. RM—1502, Weston, W. Va. Central signment of vacant Channel 265 is only Title 47— TELECOMMUNICATION West Virginia Service Corp. (Central), about 78 miles from the site authorized Chapter I— Federal Communications Weston, W. Va., filed a petition Decem­ for Station WRR-PM, whereas the re­ Commission ber 9, 1968, amending it on September 2, quired minimum spacing is 105 miles. 1969, seeking assignment of Channel The city states that it desires to file an [Docket No. 18801; PCC 70-502] 272A to Weston as the community’s first application to accomplish, among other PART 73— RADIO BROADCAST PM assignment, without requiring any things, a change in site for WRR-PM, other changes in assignments. Weston, and wants to avoid the possibility of fac­ SERVICES population 8,754 persons, is the county ing difficulties with such an application Table of Assignments; Certain FM seat and largest community of Lewis because of the short-spaced assignment. County, population 19,711. There are no Broadcast Stations It is proposed that Channel 285A, which commercial PM assignments in the is shown to meet the spacing require­ In the matter of amendment of § 73.202 county and the only local aural outlet is ments, be assigned to Mexia. (b), Table of Assignments, PM Broadcast petitioner’s daytime-only AM operation, 8. In the notice we concurred with Stations (Sioux Center, Iowa; Caruthers- WHAW(AM), at Weston. petitioner’s obective of removing an un­ ville, Mo.; Kerrville, Tex.; Brandenburg, 4. Weston is located about 2 miles desirable short-spaced assignment from Ky.; Steamboat Springs, Colo.; Drew, inside the boundary of the zone con­ the table. However, we offered an alter­ Miss.; Weston, W. Va.; Chanute, Kans.; taining the National Radio Astronomy nate channel for consideration at Mexia, Mexia, Tex.; Rutland, Vt.; Boone, Iowa; Observatory (NRAO) and the Naval Channel 252A, which it appeared would Berlin, N.H.),.RM-1491, RM-1511, RM- Radio Research Station (NRRS), as afford more latitude in the selection of 1517, RM-1527, RM-1533, RM-1539, RM- geographically defined by § 73.215(a) of sites by future potential applicants at 1502, RM-1534, and RM-1556. the'rules. Accordingly, the petitioner co­ Mexia, than would Channel 285A. Com­ First report and order. 1. The Com­ ordinated its proposal with NRAO and ments were therefore invited on the fol­ mission has under consideration its no­ NRRS pursuant to the procedure indi­ lowing changes: tice of proposed rule making issued on cated in report and order, Docket No. February 20, 1970 (FCC 70-176, 35 P.R. 16991, released February 17, 1967, 6 FCC Channel No. 3822), inviting comments on a number of 2d 793, concerning proposed PM channel City changes in the PM Table of Assignments assignments in the Quiet Zone. By letter advanced by various parties and on the of March 26, .1969, counsel for NRAO Delete Add Commission’s own motion. All comments advised that it does not object to Cen­ filed pursuant to the notice were con­ tral’s proposal, but requests that if the Mexia, Tex...... 265A 252A or 285A sidered in making the following deter­ assignment is adopted, it be on the con­ minations; no comments opposing any dition that any station eventually au­ No comments were received in response of the actions taken herein were filed. thorized on the channel be required to to either of the above alternate proposals. Except as noted, the population figures suppress its signal in the direction of Accordingly, we are adopting the pro­ were obtained from the 1960 U.S. Census. the Sugar Grove, W. Va., NRAO instal­ posal to delete Channel 265A and as­ This decision disposes of all subject peti­ lation by at least 12.5 db. By subsequent signing Channel 252A in lieu thereof at tions and proposals, except RM-1539, amendment to its petition, Central stated Mexia, Tex. Drew, Misé., and the Commission’s pro­ that it would not object to such a condi­ 9. Boone, Ioum. By rule making in posal concerning Berlin, N.H. Disposi­ tion for a station operating on Channel Docket No. 16601 (Second Report and tion of the latter proposals will be in­ 272A at Weston from a site within the Order, PCC 66-1156, published in the cluded in a future order . Quiet Zone. F ederal R egister on Dec. 21, 1966, 31 2. RM-1491, Sioux Center, Iowa (Tri- 5. We are of the opinion that assign­ F.R. 16316) Channel 255 was substituted State Broadcasters, Inc.) ; RM-1511, ment of a first Class A channel to Weston for Channels 252A and 257A at Boone, Caruthersville, Mo. (Pemiscot Broad­ would serve the public interest and the Iowa, in response to a petition by Boone casters) ; RM-1517, Kerrville, Tex. proposal is therefore being adopted. It is Biblical College. The license of Station (Harry C. Wisehart, Jr.) ; RM-1527, expected that any application filed for KFHO-FM, Channel 257A, Boone, held Brandenburg, Ky. (Jane Marlow Willis, the channel specifying a transmitting by Boone Biblical College, was also modi­ Thelma Marlow Willis, and James M. site located within the Quiet Zone fied in the same order to specify opera­ Willis) ; RM-1533, Steamboat Springs, boundaries will be in conformity with the tion on Channel 255 in lieu of 257A, sub­ Colo. (Robert D. Zellmer). In the'above radiation restrictions described in the ject to the selection of a new site which cases, interested parties are seeking the preceding paragraph. conformed with the rules and minimum assignment of a first .Class A channel in 6. RM-1534, Chanute, Kans. On No­ spacing requirements with a then pend­ a community without requiring any vember 24, 1969, Neosho County Broad­ ing application for a new station on other changes in the table. All proposed casting, Inc., a potential applicant for a Channel 256 at'Mankato, Minn.1 assignments are alleged and appear to new PM station at Chanute, Kans., filed a 10. In response to the order, Boone meet the minimum separation require­ petition requesting that Channel 288A submitted a proposal involving a site ments of the rules. The communities be substituted for Channel 252A at that was 17 miles short with the site sub­ range in population from 1,542 persons Chanute. The petitioner states that after sequently granted for the Mankato sta­ for Brandenburg, Ky., to 8,901 persons submission of an application for Chan­ tion (KEYC-FM ). The proposal was for Kerrville, Tex. Caruthersville, Bran­ nel 252A, it learned that the channel is denied because of the shortage. On denburg, and Steamboat Springs are short-spaced with cochannel Station July 2, 1968, Boone submitted a pro­ county seats of their respective counties. KCJC Kansas City. It is demonstrated posal for a site about 21 miles south- The communities of Sioux Center and by proponent that the proposed assign­ southeast of Boone, and, while this pro­ Caruthersville each has one daytime- ment of Channel 288A meets the mini­ posal met the required spacing with only AM Station. Kerrville has a Class mum spacing requirements of the rules KEYC-PM, it resulted in a short spac­ IV AM station. The remaining two com­ in the general vicinity of Chanute. The ing (IP taboo) with Station KDPS, munities have no local radio outlet. We proposed change eliminating a short­ Channel 201, Des Moines. Upon discovery find that the named communities merit spaced assignment in the Table would of the further conflict, Boone amended the requested assignments and that such serve the public interest. Channel 252A the proposal to specify the site first assignments would serve the public inter­ is therefore being deleted and Channel denied. A request for waiver of the mile­ est. We are therefore adopting the fol­ 288A assigned in place thereof at age separation requirements and a sub­ lowing additions to the table. Chanute, Kans. sequent request for reconsideration were Channel 7. RM-1556, Mexia, Tex. The city of denied, and we further stated that Chan­ City No. Dallas, Tex., licensee of Station WRR- nel 255 should be deleted and Channel Sioux Center, Iowa______232A PM, Dallas, filed a petition January 22, Caruthersville, Mo______276A 1970, requesting that Channel 285A be 1 The Mankato application was subse­ Kerrville, Tex______:______232A substituted in place of Channel 265A at quently granted for the site located 24 miles Brandenburg, Ky______228A Mexia, Tex. In support thereof, peti­ southeast of Mankato, and call letters KEYC- Steamboat Springs, Colo______265A tioner points out that the present as­ PM were assigned.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 RULES AND REGULATIONS 7731

257A reinstated in its place. (Memoran­ appear available for Rutland, the only Broadcast Stations. (Riviera Beach, dum Opinion and Order, FCC 69-937, 19 other alternative would be to delete the West Palm Beach, and Jupiter, Fla.), FCC 2d 155 (August 1969).) The notice channels entirely or to substitute Class A RM-1449, RM-1488, and RM-1518. herein proposed these actions. channels. Either of the latter would ad­ Report and order. 1. The Commission 11. In making the assignment of versely affect a Rutland station already has under consideration its notice of Channel 255 to Boone in 1966, the fact authorized with Class B facilities. In proposed rule making issued on Febru­ was overlooked that maintaining the view of these circumstances, we find that ary 6, 1970 (FCC 70-132, 35 F.R. 2831), minimum spacing with the site specified the action taken will be in the public inviting comments on changes in the FM for Station KEYC-FM would not permit interest and the departure from our Table of Assignments in response to the required spacing to be attained with normal policy is therefore warranted. three petitions filed by parties seeking Station KDPS. Thus, the assignment Because of the unique circumstances at­ Class A channel assignments in each of was technically in error and had this tending this case, this is not a precedent the three Florida communities of West fact been recognized at the time the for considering future proposed changes Palm Beach, Riviera Beach, and Jupiter. assignment obviously would not have in channel classifications not in con­ All of these communities are located in been made. In view of the impossibility formity with the rules. the West Palm Beach Standard Metro­ of Channel 255 being used at Boone, 15. Authority for the adoption of the politan Statistical Area (SMSA). The Iowa, in conformity with the technical amendments contained herein is con­ technical aspects of the various pro­ provisions of the rules, it becomes neces­ tained in sections 4(i), 303, 307(b), and posals and the needs and radio services sary to delete the assignment from the 316 of the Communications Act of 1934, presently available to the communities table. It does not appear that any other as amended. involved were fully set forth in the notice Class C channels are assignable to 16. In view of the above determina­ and hence need not be reiterated in Boone. We therefore are reassigning tions-; It is ordered, That effective detail here. Class A Channels 252A and 257A, which June 22, 1970, § 73.202 of the Commis­ 2. In response to the subject petitions, were deleted from Boone at the time sion’s rules and regulations is amended to the notice issued in this proceeding pro­ Channel 255 was assigned, and deleting read, with respect to the communities posed a plan which would assign the Channel 255. listed below, as follows: specific channels sought in West Palm 12. Boone has continuously operated Channel City No. Beach and Riviera Beach. However, be­ Station KFGQ-FM on Channel 257A cause of a conflict between the proposed under an interim authority pending the Colo: .Steamboat Springs------265A assignments of Channel 221A to both change to Channel 255. In view of the Iowa: West Palm Beach and Jupiter, the plan changes being adopted herein, that por­ Boone ______252A, included an alternate proposal to assign tion of the Commission’s order in Docket 257A Channel 244A to Jupiter. The plan set No. 16601 (see paragraph 9, above) Sioux Center______232A forth in the notice is as follows: modifying the license of Station KFGQ Kansas: to specify operation on Channel 255, is C h a n u te ______288A Kentucky: Channel No. being rescinded herein below. City 13. Rutland, Vt. It was'observed in the Brandenburg------— 228A Present Missouri: Proposed Notice that assignment of Channels 246 Caruthersville______276A and 251 to Rutland, Vt., in the original Texas: (all in Florida) Table of Assignments (1963) was on the Kerrville ______232A Clewiston______221A 292A basis that Rutland was located in Zone Jupiter______244A Mexia ______1______252A Riviera Beach______232A I. Rutland, in fact, is located in Zone II, Vermont: West Palm Beach______283, 300 221 A, 283, 300 since it is situated about 6.5 miles north Rutland ______1 246, 1251 of the nearest point on the zone bound­ 3. Comments were filed in response to ary (43.5° parallel). Section 73.260(b) of West Virginia: Weston ______272A the notice supporting the above plan by the rules provides that assignments in Daytona Broadcasting, Inc., the peti­ Zone I, other than Class A channels, 1 Channels 246 and 251 at Rutland, Vt., are regarded as Class B assignments. tioner (RM-1488) requesting the West shall be classified as Class B, and that Palm Beach assignments, and by Francis assignments in Zone II (other than Class 17. It is further ordered, That para­C. Kegel, the petitioner (RM-1449) seek­ A) shall carry a Class C classification. It graph 9, second report and order, ing the Riviera Beach assignment. No has been determined that neither of the adopted December 15, 1966, in Docket Rutland assignments meet the minimum comments were filed by Lighthouse No. 16601, FCC 66-1156 (which modified Broadcasting Co., Inc., the petitioner mileage requirements if they are consid­ the license .of Station KFGQ-FM to (RM-1518) proposing a first FM assign­ ered as Class C channels; however, they specify operation on Channel 255 in lieu ment at Jupiter. do meet the required minimum spacings of Channel 257A at Boone, Iowa) is 4. As discussed in the notice, the as­ as Class B assignments. hereby rescinded. 14. It does not appear from a study of signment of Channel 221A in the area the area that any Class C assignment for (Secs. 4, 303, 307, 48 Stat., as amended, 1066, would require deletion of that channel Rutland is possible under the rules. We 1082, 1083; Sec. 316, 66 Stat. 717; 47 U.S.C. *from Clewiston, where it is unoccupied. are therefore adopting our notice pro­ 154, 303, 307, 316) Channel 292A is available for replace­ posal^ and designating, by appropriate Adopted: May 13, 1970. ment at Clewiston. We customarily give notations in the Table of Assignments, careful consideration to the possible pre­ Channels 246 and 251 at Rutland as Class Released:-May. 15, 1970. clusion impact on the immediately lower- B channels. Accordingly, they will hence­ F ederal C ommunications adjacent educational channels (218, 219 forth be regarded as Class B assignments Co m m issio n , and 220) whenever an assignment of for purposes of determining maximum E seal 3 B en F . W aple, Channel 221A is proposed. It has been allowable facilities and applicable mini­ Secretary. demonstrated in this proceeding that mum mileage requirements with other shifting Channel 221A from Clewiston [F.R. Doc. 70-6209; Filed, May 19, 1970; to the West Palm Beach area would existing or proposed table assignments. 8:48 a.m.] It is to be noted that this action repre­ develop preclusion in very limited coastal sents an exceptional departure from the areas for Channels 218, 219, and 220, customary practice of basing station i Docket No. 18794; FCC 70-503] but that such areas would appear to be more than compensated by the elimina­ classifications solely on the basis of the PART 73— RADIO BROADCAST zone in which they are located. The tion of very substantial preclusion areas classification change being made here SERVICES on the same channels which presently gives formal recognition to the classi­ exist between Lake Okeechobee and the Table of Assignments; Certain FM Florida west coast, as long as Channel fication on which the channels were in­ Broadcast Stations advertently assigned originally and were 221A is assigned to Clewiston. subsequently regarded by most inter­ In the matter of amendment of 5. Adoption of the above plan would ested parties. Since no Class C channels § 73.202, Table of Assignments, FM make available a third FM assignment

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7732 RULES AND REGULATIONS to West Palm Beach, the principal com­ Adopted: May 13,1970. be aware of the likelihood of broadcast, whether or not it can be established that munity of its SMSA, and would conform Released: May 15,1970. to the population criterion employed in he actually was. The “open mike” shows the design of the original Table of As­ F ederal Communications referred to in the notice are mentioned signments (1963) for a city of its size C om m issio n , as such situations, and also cases where (population 56,208). Intermixture of-a [ seal ] B en F . W aple, reporters or other station personnel Class A channel with Class C channels Secretary. phone in a news stoTy or where persons in the same community appears justified [F.R. Doc. 70-6210; Filed, May 19, 1970; call a generally advertised station phone here, since no additional Class C chan­ 8:48 a.m.] number to give news items, community nel is available. We are also of the opin­ calendar or “bulletin board” material, ion that the requests for. a first Class A etc. It is stated that in such cases the channel to each of Riviera Beach (popu­ [Docket No. 18601; FCC 70-514] parties do not presume the conversation lation 13,046) and Jupiter (population PART 73— RADIO BROADCAST to be private and “consent by implica­ 1,058) have merit and that the assign­ SERVICES tion” to the broadcast then or later, CBS ments should be provided. Although Ju­ requests that the notice need not be given piter has a 1960 population of only 1,058, Broadcast of Telephone where the other party “is aware or Should we note that it is. outside of the West Conversations be aware that the conversation or part Palm Beach Urbanized Area and that the of it may be broadcast.” proposed assignment would not deprive Report and order. 1. On July 9, 1969, 5. The Commission has considered any other community of equal or greater the Commission adopted a notice of pro­ these comments, and believes that the size from obtaining a first FM assign­ posed rule making, 34 F.R. 11984, in rule in the exact form proposed would ment. We further note that each of the which it requested comments on the fol­ present some uncertainties and prob­ assignments under consideration here, lowing proposed rule: lems in enforcement, and also that there if adopted, would become available for Before recording a telephone conversation are some situations (although not neces­ applicatiohs specifying N o r t h P a lm for broadcast or broadcasting a telephone sarily all of those mentioned by CBS) Beach (population 2,684) or Lake Park conversation simultaneously with its occur­ where awareness and therefore implied (population 3,589) under the “10-mile” rence, a licensee shall inform any party to consent may be presumed from the sur­ provision of § 73.203(b). Finally, based the call, not aware of the facts, of the li­ rounding circumstances without the need censee’s intention to broadcast the conver­ on the evidence provided in this pro­ sation. for factual inquiry into whether or not ceeding, it does not apear that any com­ 2. The Commission issued the notice there was awareness in fact. These in­ munity not presently having an FM of proposed rule making to clarify the clude “open mike” shows and conversa­ assignment, or warranting special con­ notice requirements for licensees in the tions between employees at the station sideration, would be precluded from a event they intend to broadcast telephone and station reporters, including part- channel if the proposed assignments were conversations. Before the Carterfone de­ time “stringers”. Accordingly, the rule made. Because of the spacing require­ cision (Carter v. A.T. & T. Co., 13 FCC adopted herein provides for omission of ments, none of the proposed assignments 2d 420 (1968)), a “beep tone” was in­ notice where the other party is aware or could be assigned to Lake Worth, the volved and served in most instances to may be presumed to be aware from the second largest city in the SMSA and alert a party to a telephone conversation circumstances of the call, that his con­ presently without an FM channel- There with a broadcast station employee that versation may be broadcast, the latter were no comments filed in opposition to his call was being recorded and that the obtaining only where the other party is any of the changes being considered here- associated with the station or originates station might intend to broadcast the 6. In view of the foregoing, we con­ conversation. Under Carterfone, broad­ the call and it is obviously in connection clude that adoption of the proposed cast stations may interconnect their with a program, such as an “open mike” changes outlined in paragraph 2, above, show, on which phone conversations are broadcast facilities to exchange and toll customarily broadcast. Considering the would serve the public interest. We are telephones, and thus may broadcast live, therefore adopting the assignment of two-way conversations without the use high imporance of notifying persons before their phone calls are made pub­ Channel 221A to West Palm Beach, of the “beep tone” warning which is used Channel 232A to Riviera Beach, Channel when telephone calls are recorded. licly available, this is as far beyond 244A to Jupiter, and substituting chan­ actual awareness as we believe it ap­ nel 292A for 221A at Clewiston, all in 3. Timely comments were filed by propriate to go.1 Florida. It is to be noted that any appli­ Karl F. Anuta, Donald E. Pearson, and 6. With the exception thus narrowly cation filed for Channel 221A at West the Columbia Broadcasting System, Inc. (CBS). Mr. Anuta agrees with the pro­ limited, we believe that it is unnecessary Palm Beach will require a site near the to adopt the explicit consent requirement northern city boundary in order to posed rule but states that it does not go suggested by Mr. Pearson, since under far enough in that it lacks provisions meet the minimum spacing require­ these limited circumstances it may be ments of the rules. for enforcement or determining, in the case of complaints, whether the advance presumed that consent is implied even 7. Authority for the adoption of the if not specifically given. We also believe amendments adopted herein is con­ notice had or had not been given, and thus nothing to prevent “harrassing Mr. Anuta’s suggestion to be unnecessary tained in sections 4(i), 303, and 307(b)* and unduly burdensome, since it would of the Communications Act of 1934, as complaints” on the one hand or “un­ involve a recording and retention pro­ amended. scrupulous broadcasting” on the other. cedure in many cases where it is obvious 8. In accordance with the foregoing He would require that the notice of in­ that the other party is aware and no determinations: It is ordered, That ef­ tent to broadcast be recorded by the question will, in all probability, ever fective June 22, 1970, § 73.202 of the licensee and retained for 90 days, and arise, such as the situations mentioned that any complaints would have to be Commission’s rules, the FM Table of As­ above. The problems in this area have not signments, is amended to read, insofar made within that period (and served on been numerous or serious enough to war­ the licensee) in order to be considered. as the communities named below are rant such a requirement. concerned, as follows: Mr. Pearson also agrees with the rule as far as it goes, but would also require, 7. Authority for the amendment set City Channel without any provision, for exception, forth below is contained in sections 4 (i) Florida: No. that the consent of the other party be and (j), and 303(r) of the Communica­ Clewiston______292A secured before any broadcast. Jupiter------:------244A tions Act of 1934, as amended. Riviera Beach______4______232A 4. CBS is in general agreement with West Palm Beach______221A, 283, 300 the proposed rule, but believes that the 1Thus, it does not appear that the “bul­ rule is too narrowly drawn, making the 9. That this pro­ letin board” type of arrangement referred to It is further ordered, requirement turn on actual “awareness” by CBS would always *be one where the sta­ ceeding is terminated. and foreclosing any presumption of tion customarily puts the calling party on (Secs. 4, 303, 307, 48 Stat., as amended, 1066,* knowledge from the circumstances of the the air. If it is not, in our view, specific notice 1082, 1083 ; 47 U.S.C. 154, 303, 307) call, in situations where the party should should be required.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 RULES AND REGULATIONS 7733

8. In view of the foregoing: It is or­ eral Regulations is to change the exist­ Interested persons were given a 14-day dered, Effective June 22, 1970, that new ing boundary line between the mountain period within which to comment in writ­ §§73.126, 73.296, 73.592, and 73.664 are time zone and the central time zone as ing on the proposal. A public hearing was added to Part 73 of the Commission’s it applies to the State of Texas. held on April 24, 1970, in El Paso by a rules, as set forth below. On April 17, 1970, the Department of representative of the Department of 9. It is further ordered, That this pro­ Transportation published in the F ederal Transportation during which interested ceeding is terminated. R egister a notice of proposed rule mak­ persons had an opportunity to comment (Sees. 4, 303, 48 Stat., as amended, 1066, 1082; ing (35 F.R. 6280) requesting comments on the proposal either orally or in writing 47U.S.C. 154, 303) on a proposal to relocate the boundary or both. Adopted: May 13,1970. line between the central time zone and Among those appearing at the public -4iie mountain time zone so as to place hearing in support of mountain time Released: May 15,1970. El Paso and Hudspeth Counties of Texas were the U.S. Representative for the F ederal C ommunications in the mountain time zone. The pro­ district, the county judges of both coun­ C om m issio n , posal was based on written requests from ties, a representative of the mayor of the [seal] B en F . W aple, the County Commissioners Courts of city of El Paso, and representatives of Secretary. El Paso and Hudspeth Counties request­ the El Paso business, newspaper, and In Part 73 of the Commission’s rules, ing that their respective counties be educational communities. Only one per­ new §§ 73.126, 73.296, 73.592, 73.664, and placed in the mountain time zone. son testified in favor of central time. 73.1206 are added in Subparts A, B, C, The Act of March 4, 1921, chapter 173 Over 90 percent of the written com­ D, and H, respectively, to read as. (15 U.S.C. 265; 41 Stat. 1446) placed all ments received by the Department, be­ follows: of the State of Texas in the central time fore and after the hearing, favored zone. Except for the segment of the cen­ mountain time. § 73.126 Broadcast of telephone conver­ tral-mountain time zone boundary that The Atchison, Topeka, and Santa Fe sations. the 1921 Act placed on the western Railroad, under an operating exception See § 73.1206, which is applicable to all boundary of Texas and Oklahoma and a contained in § 71.6(f) (1) of Title 49, standard broadcast stations. segment of the mountain-Pacific time Code of Federal Regulations, conducts § 73.296 Broadcast of telephone conver­ zone boundary in Idaho covered by the operations on its line of railroad between sations. Act of March 3, 1923 (15 U.S.C. 264), the Texas-New Mexico State line (near other time zone boundaries can be re­ Anthony, Tex.) and the city of El Paso See § 73.1206, which is applicable to all located through administrative proceed­ FM broadcast stations. on mountain time. Relocation of the time ings conducted by the Department of zone boundary will make this operating § 73.592 4 Broadcast of telephone conver­ Transportation. exception unnecessary. However, in order sations. El Paso and Hudspeth Counties have, to maintain the city of El Paso as the See § 73.1206, which is applicable to-all for many years, informally observed time change point for the several lines noncommercial educational FM stations. mountain time despite having been of railroad that connect there, operating § 73.664 Broadcast of telephone conver­ placed by law in the central zone. Al­ exceptions are required to allow opera­ sations. though the Department of Transporta­ tions of the Southern Pacific and the tion was petitioned by the Governor of Texas and Pacific Railroads between the See § 73.1206, which is applicable to all Texas and civic and commercial activ­ city of El Paso and the east line of television broadcast stations. ities in the area to place the area in the Hudspeth County to be conducted on § 73.1206 Broadcast of telephone con­ mountain time zone, the 1921 law pre­ central time. versations. cluded any administrative relocation of Because of the relocation of the moun­ Before recording a telephone conver­ the time zone boundary in Texas until tain-central time zone boundary in sation for broadcast, or broadcasting Public Law 91-228 (84 Stat. 119) was Kearny County, Kans., on March 8, 1970 such a conversation simultaneously with enacted on April 10, 1970. The new law (35 F.R. 2667), it is necessary to adjust its occurrence, a licensee shall inform provides: the descriptive language in the operat­ any party to the call of the licensee’s in- That notwithstanding the first section of ing exception granted to the Atchison, tion to broadcast the conversation, ex­ the Act of March 4, 1921 (15 U.S.C. 265), the Topeka, and Santa Fe authorizing it to cept where such party is aware, or may Secretary of Transportation may, upon the carry mountain time east of the time be presumed to be aware from the cir­ written request of the County Commission­ zone boundary to the change points in cumstances of the conversation, that it ers Court of El Paso County, Texas, change Scott City and Dodge City, Kans. the boundary line between the central stand­ In consideration of the foregoing, par­ is being or likely will be broadcast. Such ard time zone and the mountain standard awareness is presumed to exist only when time zone, so as to place El Paso County in agraphs (e) and (f) (1) and (2) of the other party to the call is associated the mountain time zone, in the manner pre­ § 77.6 of Title 49 of the Code of Federal with the station (such as as employee or scribed in section 1 of the Act of March 19, Regulations are amended, effective at part-time reporter), or where the other 1918, as amended (15 U.S.C. 261), and section 2 a.m. on Sunday, May 17, 1970, to read party originates the call and it is obvious 5 of the Act of April 13, 1966 (15 U.S.C. 266). as follows: In the same manner, the Secretary of Trans­ that it is in connection with a program § 71.6 Boundary line between central m which the station customarily broad­ portation may also place Hudspeth County, Texas, in the mountain standard time zone, and mountain zones. casts telephone conversations. if the Hudspeth County Commissioners ***** [F.R. Doc. 70-6211; Filed, May 19, 1970; Court so. requests in writing and if El Paso 8:48 a.m.] (e> Oklahoma-Texas-New Mexico. County is to be placed in that time zone. From the intersections of the Kansas- It was pointed out in the notice of pro­ Colorado boundary with the northern posed rule making that El Paso and boundary of the State of Oklahoma Title 49— TRANSPORTATION Hudspeth Counties are located approxi­ westerly along the Colorado-Oklahoma mately 1,000 miles west of the 90th boundary to the northwest corner of the Subtitle A— Office of the Secretary of meridian, which is the prime meridian State of Oklahoma; thence southerly Transportation for solar time in the central zone. A1 along the west boundary of the State of [OST Docket No. 25; Amdt. 71-9] of El Paso County and nearly all of Oklahoma and the west boundary of the Hudspeth County are west of the 105th State of Texas to the southeast comer PART 71— STANDARD TIME ZONE meridian, the prime meridian for solar of the State of New Mexico; thence BOUNDARIES time in the mountain zone. If they were westerly along the Texas-New Mexico placed in the mountain zone, they would boundary to the east line of Hudspeth Relocation of Central-M ountain observe a time more consonant with the County, Tex.; thence southerly along the Standard Time Zone Boundary in position of the sun. In fact, El Paso, east line of Hudspeth County, Tex., to the Texas under mountain time, would be only 5 boundary line between the United States minutes off true sun time, whereas under and Mexico. P o ? lpurpose °* this amendment to central time it is off 1 hour and 5 (f) Operating exceptions— (1) Lines art 71 'Of Title 49 of the Code of Fed­ minutes. east of boundary excepted from central

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7734 RULES AND REGULATIONS zone. Those portions of the following In consideration of the requests by El govern fishing on wildlife areas gen­ lines of railroad, located east of the zone Paso County and Hudspeth County of­ erally, which are set forth in Title 50, boundary line described in this section, ficials for early adoption of the proposed Code of Federal Regulations, Part 33, are, for operating purposes only, ex­ relocation and in view of the magnitude and are effective through September 30, cepted from the U.S. standard central of support for mountain time, I find that time zone and included within the U.S. good cause exists for making this amend­ 1970. ment effective in less than 30 days. D avid J . B rown, standard mountain time zone: Refuge Manager, Necedah Na­ This amendment does not concern ad­ tional Wildlife Refuge, Nece­ Railroad From— To— herence to or exemption from advanced dah, Wis. (daylight saving) time. The Uniform Atchison, East line of T. Scott City and Time Act of 1966 requires observance of M ay 11, 1970. Topeka, & 24 S„ R. 36 W., Dodge City, advanced time within each established Santa Fe. Kearny Coun­ Kans. [F.R. Doc. 70-6228; Filed, May 19, 1970; ty, Kans. time zone from the last Sunday in April 8:50 a.m.] Do...... Kansas-Colorado Satanta, Kans. to the last Sunday in October, but per­ State line. Do...... Colorado-Okla­ Dodge City, mits any State to exempt itself, by law, homa State line. Kans., via from observing advanced time within Boise City, Okla. that State. The Department has no ad­ Title 21— FOOD AND DRUGS Chicago, Burl­ East line of Ravenna, Nebr. ministrative authority with respect to ington, & Hooker Coun­ this requirement. Chapter I— Food and Drug Adminis­ Quincy. ty, Nebr. Do...... East line of Holdrege, Nebr. (Act of Mar. 19, 1918, as amended by the tration, Department of Health, Ed­ Perkins Coun­ ucation, and Welfare ty, Nebr. Uniform Time Act of 1966 (15 U.S.C. 260- Do...... East line of Chase McCook, Nebr. 267); sec/6(e) (5), Department of Trans­ County, Nebr. portation Act (49 U.S.C. 1655(e)(5))) SUBCHAPTER B— FOOD AND FOOD PRODUCTS Do...... East line of Do. Dundy Coun­ Issued in Washington, D.C., on May 12, PART 121— FOOD ADDITIVES ty, Nebr. Chicago & West line of T. Long Pine, 1970. Subpart C— Food Additives Permitted Northwestern, 34 N., R. 30 W., Nebr. J ohn A. Volpe, Cherry County, Secretary of Transportation. in Feed and Drinking Water of An­ Nebr. imals or for the Treatment of Food- Great N orthem. . Montana-N orth Williston, [P.R. Doc. 70-6193; Piled, May 19, 1970; Dakota State N. Dak. Producing Animals line. 8:47 a.m.] « Do...... Yellowstone Waterford City, SUBCHAPTER C— DRUGS River, N. Dak. N. Dak. Northern Pacific. East line of T. Mandan, N. 138 N., R. 83 Dak. PART I35e— NEW ANIMAL bRUGS W., Morton Title 50— WILDLIFE AND County, N. FOR USE IN ANIMAL FEEDS Dak. Do...... North line of T. Do. PART 135g— TOLERANCES FOR RESI­ 140 N., R. 81 FISHERIES W., Morton Chapter I— Bureau of Sport Fisheries DUES OF NEW ANIMAL DRUGS IN County, N. Dak. and Wildlife, Fish and Wildlife FOOD Do...... South line of T. Do. 139 N., R. 81 Service, Department of the Interior Monensin and 3-Nitro-4-Hydroxy- W., Morton County, N. PART 33— SPORT FISHING phenylarsonic Acid Dak. Union Pacific----- East line of Keith North Platte, County, Nebr. Nebr. Necedah National Wildlife Refuge, The Commissioner of Food and Drugs Do...... East line 6f Ellis, Kans. Wis. has evaluated new animal drug appli­ Wallace Coun­ ty, Kans. The following special regulation is cations (38-878V, 41-500V) filed by effective on date of publication in the Elanco Products Co., Division of Eli Lilly (2) Lines west of "boundary included inF ederal R eg ister. & Co., Indianapolis, Ind. 46206, regarding central zone. Those portions of the fol­ § 33.5 Special regulations; sport fish­ the use of monensin alone and with lowing lines of railroad located west of 3-nitro-4-hydroxyphenylarsonic acid in the zone boundary line described in this ing; for individual wildlife refuge section are, for operating purposes only, areas. the feed of broiler chickens for preven­ excepted from the U.S. standard moun­ W isco n sin tion of coccidiosis caused by specified tain time zone and included within the NECEDAH NATIONAL WILDLIFE REFUGE organisms, for growth promotion and U.S. standard central time zone: feed efficiency, , and for improved Sport fishing on the Necedah National pigmentation. The applications are Railroad From— To— Wildlife Refuge, Wis., is permitted only on the Sprague-Mather Pool. The open approved. Atchison, Texas-New Clovis, N. Mex. area, approximately 2,000 acres is de­ Therefore, pursuant to provisions of Topeka, & Mexico State Santa Fe. line (Near lineated on a map available at the refuge the Federal Food, Drug, and Cosmetic Texico, N. headquarters and from the office of the Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. Mex.). Regional Director, Bureau of Sport Fish­ Chicago, Rock Texas-New Tucumcari, 360b(i)), in accordance with § 3.517 (21 Island & Mexico State N. Mex. eries and Wildlife, Federal Building, Pacific. line. CFR 3.517), and under authority dele­ Do...... West line of Goodland, Fort Snelling, Twin Cities, Minn. 55111. gated to the Commissioner (21 CFR Thomas Kans. Sport fishing shall be in accordance County, Kans. 2.120), Parts 121, 135e, and 135g are Missouri...... West lin¿ óf Pueblo, Colo; with all applicable State regulations Wichita amended as follows: County, Kans. subject to the following conditions: 1. Section 121.262(c) is amended by Soo Line...... Montana-N orth Whitetail, Mont; (1) Fishing permitted June 1, 1970, Dakota State adding to table 1 a new item, as follows: line. through September 30,1970. Southern East line of E l Paso, Tex; § 121.262 3-Nitro-4-hydroxyphenylarso- Pacific. Hudspeth (2) The use of boats without motors County, Tex; nic acid. Texas & Pacific_ Do Do; is permitted. * * * * * The provisions of this special regula­ • • * • • tion supplement the regulations which (c) * * *

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 RULES AND REGULATIONS 7735

T ablh 1— 3-Nitro-4-Hydroxyphbnylarsonic Acid in Complete Chicken and T urkey F eed moval of visceral mass (bellies) in clam processing. Therefore, pursuant to pro­ Principal Grams Combined with— Grams Limitations Indications for use visions of the Federal Food, Drug, and ingredient per ton per ton Cosmetic Act (sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348(c) (1)) and under au­ 113*** * * * * * * * • * » * * ... 1.14 3-Nitro-4-hydroxy- 45.4 Monensin _ 110 (as For broiler chickens; Growth promotion thority delegated to the Commissioner phenylarsonic acid. (0.005%) monen- do not feed to laying and feed efficiency; (21 CFR 2.120), Part 121 is amended by sic acid chickens; withdraw improving pigmen­ adding to Subpart D the following new activ­ 6 days before tation; as an aid in ity). slaughter; as sole the prevention of section: source of organic coccidiosis caused arsenic. by E. necatrix, E. § 121.1233 Carbohydrase and cellulase tendila, E. acerwlina, enzyme preparation. E . brunetti, E. mi­ rati, and E . maxima. * * * * * * • * • • * * ... * * * Carbohydrase and cellulase enzyme preparation derived from Aspergillus niger may be safely used for removal of 2. The following new section is added (b) Approvals. Premix level 44 grams visceral mass (bellies) in clam processing to Part 135e: of monensic acid activity per pound in accordance with the following pre­ § 135e.50 Monensin. granted to Elanco Products Co., Division scribed conditions: of Eli Lilly & Co., Indianapolis, Ind. (a) Aspergillus niger is classified as (a) Specifications. Monensin is the 46206. follows: Class, Deuteromycetes; order, dried mycelial filter cake produced by (c) Assay limits. Finished feed not Moniliales; family, Moniliaceae; genus, the fermentation of Streptomyces cin- less than 75 percent nor more than 125 Aspergillus; species, niger. namonensis. Its potency is not less than percent of labeled amount. (b) The strain of Aspergillus niger 50 grams of monensic acid activity per (d) Special considerations. Finished is nonpathogenic and nontoxic in man pound of mycelial cake when assayed feed should bear an expiration date of or other animals. 30 days after its date of manufacture. (c) The additive is produced by a microbiologically. A minimum of 90 per­ (e) Related tolerance in edible prod­ process that completely removes the or­ cent of monensin activity is derived from ucts. See § 135g.68 of this chapter. ganism Aspergillus niger from the carbo­ monensin A. (f) Conditions of use. hydrase and cellulase enzyme product. (d) The additive is used in an amount Principal Grams Combined with— Grams Limitations Indications for use not in excess of the minimum required ingredient per ton per ton to produce its intended effect. Any person who- will be adversely af­ 1. Monensin. 110 (as * * * * * * For broiler chickens; As an aid in the pre­ fected by the foregoing order may at any monen­ do not feed to vention of coccidio­ sic acid laying chickens; sis caused by E. time within 30 days after its date of pub­ activ­ withdraw 72 hours necatrix, E. tenetta, lication in the F ederal R eg ister file with ity). before slaughter. E . acervulina, E. brunetti, E. mivati, the Hearing Clerk, Department of Health, and E. maxima. Education, and Welfare, Room 6-62, 2. Monensin. 110 (as 3-Nitro-4-hy- 45.4 For broiler chickens; As an aid in the pre­ monen- droxy-phenyl- (0.005%) do not feed to vention of Coccidio­ 5600 Fishers Lane, Rockville, Md. 20852, sic acid arsonic acid, laying chickens; sis caused by E. written objections thereto in quintupli- activ­ withdraw 5 days necatrix, E. tenella, cate. Objections shall show wherein the ity). before slaughter; as E . acervulina, E. sole source of brunetti, E. mivati, person filing will be adversely affected organic arsenic. and E. maxima; by the order and specify with particu­ growth promotion and feed efficiency; larity the provisions of the order deemed improving pig­ objectionable and the grounds for the mentation. objections. If a hearing is requested, the objections must state the issues for the 3. The following new section is added Effective date. This order shall become hearing. A hearing will be granted if the to Part 135g: effective on the date of its publication in objections are supported by grounds § 135g.68 Monensin. the F ederal R eg ister .— legally sufficient to justify the relief (Sec. 512(1), 82 Stat. 347; 21 US.C. 360b(i)) sought. Objections may be accompanied A tolerance of 0.05 part per million is by a memorandum or brief in support established for negligible residues of Dated: May 5,1970. thereof. monensin, calculated as monensic acid, Effective date. This order shall become in the edible tissues of chickens. S am D. F in e , Acting Associate Commissioner effective on its date of publication in the Any person who will be adversely for Compliance. F ederal R eg ister. affected by the foregoing order may at any time within 30 days from the date [F.R. Doc. 70-6177; Filed, May 19, 1970; (Sec. 4 09(c)(1), 72 Stat. 1786; 21 U.S.C. 348 8:46 a.m.] (c)(1)) of its publication in the F ederal R eg ister file with the Hearing Clerk, Department Dated: May 8,1970. of Health, Education, and Welfare, Room PART 121— FOOD ADDITIVES S am D. F in e , 5440, 330 Independence Avenue SW., Acting Associate Commissioner Washington, D.C. 20201, written objec­ Subpart D— Food Additives Permitted for Compliance. tions thereto, preferably in quintupli­ cate. Objections shall shów wherein the in Food for Human Consumption [F.R. Doc. 70-6176; Filed, May 19, 1970; 8:46 a.m.] Person filing will be adversely affected Carbohydrase and C ellulase E nzyme oy the order and specify with particu- P reparation larity the provisions of the order deemed PART 147— ANTIBIOTICS INTENDED objectionable and the grounds for the The Commissioner of Food and Drugs, objections. If a hearing is requested, the having evaluated the data in a petition FOR USE IN THE LABORATORY DI­ objections must state the issues for the (FAP 0A2507) filed by Fehmerling As­ AGNOSIS OF DISEASE sociates, Post Office Box 236, 577 Shiloh ri?-g' A hearing will be granted if the Oleandomycin Phosphate Diagnostic objections are supported by grounds Pike, Bridgeton, N.J. 08302, and other relevant material, concludes that the food Sensitivity Powder legally sufficient to justify the relief additive regulations should be amended sought. Objections may be accompanied to provide for the safe use of carbohy­ Pursuant to provisions of the Federal Food, Drug, and Cosmetic Act (sec. 507, y a memorandum or brief in support drase and cellulase enzyme preparation, thereof. 59 Stat. 463, as amended; 21 U.S.C. 357) derived from Aspergillus niger, for re­ and under authority delegated to the

No. 98------3 FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7736 RULES AND REGULATIONS

Commissioner of Food and Drugs (21 (a) The oleandomycin phosphate used Effective date. This order shall be CFR 2.120), § 147.10 Oleandomycin phos­ in making the batch for potency, mois­ effective upon publication in the F ederal R eg ister . phate diagonostic sensitivity powder is ture, pH, and identity. amended as follows to delete the crystal­ The Commissioner of Food and Drugs (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. finds that deleting the above requirement 357) linity requirement for the subject drug: for the subject diagnostic sensitivity Dated: May 11,19.70. 1. Paragraph ( a) ( 1 ) is amended by de­ powder will have no adverse effect on the S am D. F in e , leting the word “crystalline” from the article’s function. Since this order re­ laxes existing requirements and is non- Acting Associate Commissioner first sentence. controversial, notice and public for Compliance. 2. Paragraph (a) (4) (i) (a) is revised to procedure and delayed effective date are [F.R. Doc. 70-6178; Filed, May 19, 1970; read as follows: not prerequisites to this promulgation. 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7737 Proposed Rule Making

the Interior by section 6(a) of the Fish § 273.3 Types. DEPARTMENT OF THE INTERIOR and Wildlife Act of August 8, 1956 (16 (a) Type 1. Abductor muscle present U.S.C. 742e), it is proposed to amend Bureau of Land Management (gristle, sweetmeat, catch muScle). Title 50, Code of Federal Regulations by (b) Type 2. Abductor muscle removed. [ 43 CFR Part 3400 1 the addition of Part 273. The purpose of this amendment is to issue Standards for § 273.4 Grades. DEATH VALLEY NATIONAL Grades of Frozen Raw Scallops as indi­ (a) “U.S. Grade A” is the quality of MONUMENT, CALIF. cated below in accordance with the au­ frozen raw scallops that (1) possess good thority contained in title n of the flavor and odor and that (2) for those Surface Use Regulation of Mineral Agricultural Marketing Act of August 14, factors that are rated in accordance with . Lands 1946, as amended (7 U.S.C. 1621-1627). the scoring system outlined in this part, It is the policy of the Department of have a total score of 85 to 100 points. The mining laws of the United States the Interior whenever practicable, to af­ were extended to Death Valley National (b) “U.S. Grade B ” is the quality of ford the public an opportunity to partici­ frozen raw scallops that (1) possess at Monument by the Act of June 13, 1933 pate in the rulemaking process. Accord­ (48 Stat. 139; 16 U.S.C. 447) “subject, least reasonably good flavor and odor, ingly, . interested persons may submit and that (2) rate a total score of not less however, to the surface use of locations, written comments, suggestions, or objec­ entries, or patents under general regu­ than 70 points for these factors of quality tions with respect to the proposed that are rated in accordance with the lations to be prescribed by the Secretary amendment to the Director, Bureau of of the Interior.” The present regulation scoring system outlined in this part. Commercial Fisheries, U.S. Fish and (c) “Substandard” is the quality of paraphrases this provision. Wildlife Service, Washington, D.C. 20240, The purpose of this amendment is to frozen raw scallops that meets the re­ within 30 days of the date of publication quirements of § 273.1, Description of the conform the language of the regulations of this notice in the F ederal R eg ister. more closely to the language of the Act. product, but otherwise fails to meet the It is the policy of this Department, J . M. P atton, requirements of “U.S. Grade B.” whenever practicable, to afford the pub­ Acting Director. § 273.11 Determination of the grade. lic an opportunity to participate in the PART 273— U.S. STANDARDS FOR In a plant under Continuous USDI In­ rule making process. Accordingly, inter­ GRADES OF FROZEN RAW SCALLOPS ested parties may submit written com­ spection, the grade is determined by ex­ ments, suggestions, or objections with re­ Sec. amining the product for factors 1-5 in spect to the proposed rules to the Di­ 273.1 Description of the product. the fresh or thawed state and Factor 6 in rector (210), Bureau of Land Manage­ 273.2 Styles. the cooked state. For lot inspection, ex­ 273.3 Types. amination of the product for Factor 1 is ment, Washington, D.C. 20240, within 30 273.4 Grades. days of the date of publication of this carried out in the frozen state and 2-5 in 273.11 Determination of the grade. the thawed state. Factor 6 is examined in notice in the F ederal R eg ister. 273.21 Definition and methods. the cooked state. Subpart 3400 of Chapter n of Title 43 273.25 Tolerances for certification of offi­ (a) of the Code of Federal Regulations is cially drawn samples. Factors rated by score points. amended as follows; Points are deducted for variation in the Authority : The provisions of this Part 273 quality of each factor in accordance with In § 3400.1 paragraph (c) (1) is issued under sec. 6, 70 Stat. 1122; 16 U.S.C. the schedule in Table 1. The total of amended to read as follows: sec. 742e; and secs. 203 and 205, 60 Stat. 1087, 1090 as amended; 7 U.S.C. 1622, 1624. points deducted is subtracted from 100 § 3400.1 Lands subject to location and to obtain the score. The maximum score purchase. No t e : Compliance with the provisions o f is 100, the minimum score is 0. ***** these standards shall not excuse failure to (b) Factors not rated by score points. comply with the provisions of the Federal (c) * * * Food, Drug, and Cosmetic Act. The factor of “Flavor and odor” is evalu­ (1) The mining laws were extended to ated organoleptically by smelling and the Death Valley National Monument, § 273.1 Description of the product. tasting the product iij the cooked state. Calif., by the Act of June 13, 1933 (48 Frozen raw scallops are clean, whole­ (1) Good flavor and odor (essential Stat. 139; 16 U.S.C. 447). The Act pro­ some, adequately drained, whole or cut requirements for a U.S. Grade A product) vides that surface use of locations, en­ adductor muscles of the scallop of the means that the product has the typical tries, or patents is subject to general regular commercial species. The portion flavor and odor of the species and is free regulations prescribed by the Secretary of the scallop used shall be only the ad­ from bitterness, staleness, and off-flavor of tiie Interior. The regulations govern­ ductor muscle “eye” which controls the and off-odors of any kind. ing surface use in Death Valley National shell movement. Scallops shall be washed, • (2) Reasonably good flavor and odor Monument are in 36 CFR 7.26. drained, packed, and frozen in accord­ (minimum requirements for a U.S. Grade * * * * * ance with good manufacturing practices B product) means the product is lacking and are maintained at temperatures nec­ in good flavor and odor but is free from H arrison L oesch, Assistant Secretary of the Interior. essary for the preservation of the objectionable off-flavors and off-odors of product. Only scallops of a single species any kind. May 13,1970. shall be used within a lot. § 273.21 Definitions and methods. IF.R. Doc. 70-6180; Filed, May 19, 1970; § 273.2 Styles. 8:46 ajn.] (a) Selection of the sample unit. The (a) Style 1. Solid pack scallops are sample unit shall consist of the primary Fish and Wildlife Service frozen together into a solid mass. container and its entire contents. The (1) Substyle a. Glazed. number and size of sample units to be I 50 CFR Part 273 ] (2) Substyle b. Not glazed. examined shall be as indicated in (b) Style II. Individually quick-frozen § 273.25. FROZEN RAW SCALLOPS pack (IQF) scallops are individually (b) Examination of sample, frozen Proposed Standards for Grade: quick frozen. Individual scallops can be state. When this product is examined separated without thawing. under Continuous USDI Inspection, the hereby given that pursuan (1) Substyle a. Glazed. samples are examined for Factor 1 in tne authority vested in the Secretary (2) Substyle b. Not glazed. Table 1 in the fresh or thawed state.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7738 PROPOSED RULE MAKING

When the product is lot inspected, the by the 15 percent (by count) of the samples are examined for Factor 1, in smallest scallops. DEPARTMENT OF AGRICULTURE Table 1 in the frozen state. (3) “Color” refers to reasonably uni­ form color characteristics of the species Agricultural Stabilization and T a ble 1—Schedule of P oint D eductions per S ample Conservation Service FROZEN STATE used within an individual container. Only noticeable variation in color from [ 7 CFR Part 724 ] Factors scored Method of determining De- the predominating color of the scallops score duct in the container is considered. Medium TOBACCO ALLOTMENT AND MAR­ gray to black colored scallops are not KETING QUOTA REGULATIONS, 1 Dehydration... Small degree: Easily scraped 2 to be graded. 1968-69 AND SUBSEQUENT MAR­ off of each 10 percent of top (4) “Extraneous materials” are pieces surface affected. KETING YEARS Large degree: Deep dehydra- 4 or fragments of undesirable material tion not easily scraped oft, that are naturally present in or on the Notice of Proposed Rule Making affecting each 10 percent of surface. scallops and which should be removed during processing. Pursuant to the authority contained in applicable provisions of the Agricul­ FRESH OR THAWED STATE (i) An instance of minor extraneous material includes but is not limited to tural Adjustment Act of 1938, as amend­ each occurrence of intestines, seaweed, ed, the Department is preparing to 2 Undesirable Percent by weight: amend the regulations (33 F.R. 15521, pieces. Up to 5 percent...... 3 etc., and each aggregate of sand and grit Over 5 percent—not over 10 6 up to x/2-inch square and located on the as amended), for establishing farm acre­ percent. age allotments and marketing quotas, the Over 10 percent...... 16 scallop surface. Deduction .points shall 3 Uniformity...... Weight ratio: be assessed for additional instances of issuance of marketing cards, the identi­ Over 2.5—not over 3.0...... 4 fication of marketings of tobacco, the Over 3.0—not over 3.3...... 6 intestines, seaweed, etc., and aggregates Over 3.3...... 10 of sand and grit up to y2-inch square. collection and refund of penalties, and 4 Color...... Each 10 percent by count of 10 ' (ii) An instance of major extraneous the records and reports incident thereto nonuniform colored scallops for Burley, Fire-cured, Dark air-cured, in excess of the 10 percent of material includes but is not limited to nonuniform colored scallops each instance of shell or aggregate of Virginia sun-cured, Cigar-binder (types permitted. 51 and 52), Cigar-filler and binder 6 Extraneous Minor: Each instance of minor 1 embedded sand or other extraneous em­ material. extraneous material in the bedded material that affects the appear­ (types 42, 43, 44, 53, 54, and 55), and sample unit per pound. ance or eating quality of the product. Maryland tobacco. Major: Each instance of major 5 extraneous material in the (d) Examination of sample, cooked The purpose of this document is to sample unit per pound. state. Cooked state means the state of give notice of the proposed changes in the sample after being cooked. Place at the regulations. The proposed changes COOKED STATE least 25 percent by weight of the thawed are discussed as follows: sample from each sample unit into a boil- 1. To utilize more fully the Depart­ 6 Texture...... Firm but tender and moist___ 0 able film-type pouch and seal. Sub­ ment’s automatic data processing equip­ Small degree: Moderately 5 merge the pouch and its contents into ment, § 724.66(b) would be amended (a) tough, dry, and fibrous or mushy. boiling water for about 3 to 4 minutes to eliminate the requirement for the sig­ Large degree: Excessively 15 or until cooked. Alternatively the prod­ nature (actual or facsimile) of a member tough, dry and fibrous or mushy. uct is placed into a baking pan lined of the county committee on each Form with aluminum foil. A cover of aluminum MQ-24, Notice of Allotment, mailed to foil is crimped around the edges of the the farm operator, and (b) to authorize (1) “Dehydration” refers to the loss top of the pan. The pan is placed in an the county committee to post a copy of of moisture from the scallops surface oven that has been pre-heated to 450° F. the automatic data processing printout during frozen storage. Small degree of for 20 minutes or until cooking has been of allotment data in lieu of posting dehydration is color-masking but can be completed. Flavor and odor and texture copies of Forms MQ-24 for public easily scraped off. Large degree of de­ shall be evaluated in the cooked state. inspection. hydration is deep, color-masking, and (1) “Texture” refers to the firmness, 2. Section 724.68(c) would be amend­ requires a knife, or other instrument to tenderness, and moistness of the cooked ed to require county committees to per­ scrape it off. scallop meat, which is characteristic of sonally review and approve leases and (c) Examination of sample, thawedthe species. transfers of tobacco allotments and not state. When necessary, thawing the (e) General definitions. (1) “Small” permit them to redelegate this authority. sample is best accomplished by enclos­ (overall assessment) refers to a condi­ 3. Section 724.80 would be amended to ing it in a water impermeable film-type tion that is noticeable but is only slightly provide that in certification counties (as bag and immersing in an agitated water objectionable. defined in Part 718 of this chapter), if bath at 68° F .±2° F. The complete thaw­ (2 ) . “Large” (overall assessment) re­the farm operator certifies the acreage ing of the product is determined by fers to a condition that not only is notice­ for fire-cured, Dark air-cured, Virginia gently squeezing the bag occasionally able but is seriously objectionable. sun-cured, Cigar-binder (types 51 and until no hard core or ice crystals are (3) “Minor” (individual assessment) 52), Cigar-filler and binder (types 42-44 felt. refers to a defect that slightly affects and 53-55), or Maryland tobacco to be (1) Undesirable small pieces are pieces the appearance and/or utility of the within the farm allotment and (i) a which will pass through the openings in product. farm check discloses that such allotment a %-inch sieve for larger size scallops. (4) “Major” (individual assessment) has been exceeded but by not more than For the smaller scallops, such as bay refers to a defect that seriously affects a tolerance of thé larger of 0.03 acre -scallops, undesirable pieces are pieces of the appearance and/or utility of the or 5 percent of the farm allotment (not scallops that do not have the general product. to exceed 1 acre) and (ii) if the excess conformation of the other scallops. The (5) “Net weight” means the total acreage is not disposed of pursuant to total weight of these pieces within a weight of the scallop meats within the § 724.80, any excess marketing card sample unit will be obtained. These package after removal of all packaging (Form MJ-77) issued would bear the pieces shall not be used for determining materials, ice glaze, or other protective converted rate of penalty for the farm the weight ratio. materials. and would be stamped or marked “eligi­ (2) Uniformity of size refers to the § 273.25 Tolerances for certification of ble for price support”. Similarly, in the degree of weight uniformity of the indi­ officially drawn samples. case of burley tobacco acreage in excess vidual scallops. This factor is measured of the farm allotment, but within the The sample rate and grades of specific by obtaining a weight ratio between the aforementioned tolerance, is not disposed lots shall be certified in accordance with of pursuant to § 724.80, a Form MQ-76 largest and smallest scallops. The deter­ Part 260 of this chapter (Regulations would be issued bearing the converted mination is made on the thawed scallops Governing Processed Fishery Products). rate of penalty. The Burley marketing by dividing the total weight of the 15 [F.R. Doc. 70-6181; Filed, May 19, 1970; card would not be stamped to indicate mination is made on the thawed scallops 8:46 a.m.] price support because current regulations

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 PROPOSED RULE MAKING 7739 provide that a producer’s Burley tobacco Service, U.S. Department of Agriculture, plicate the export marketing of U.S. grain is eligible for price support unless the Washington, D.C. 20250, will be given and that § 26.59(b) (12) should be card is stamped or marked “no price consideration, provided such submissions amended accordingly. support”. are postmarked not later than 15 days The amendment would not preclude 4. Sections 724.86, 724.91, 724.96, and after the date of publication of this the permissive showing, at the request of 724.99 would be amended to provide for notice in the F ederal R eg ister. All writ­ the applicant, of the date or dates the the identification of Fire-cured, Dark ten submissions made pursuant to this grain was sampled or the method of air-cured, Virginia sun-cured, and Mary­ notice will be made available for public sampling on export certificates which land tobacco produced on within quota inspection at such times and places and represent cargo shipments. farms by Form MQ-76 marketing cards, in the manner convenient to the public Subparagraph (12) of paragraph (b) without the use of memos of sales. Prior business (7 CFR 1.27(b)). of § 26.59 would be amended to read as follows; to the return of any Form MQ-76 to the Signed at Washington, D.C., on May 13, county office, the farm operator would 1970. § 2 6 .5 9 Official certificates (g e n e r a l be required to certify thereon the amount K enneth E . F ric k , requirements). ‘ of tobacco marketed from the farm. * * * * * 5. Section 724.87(a) would be amend­ Administrator, Agricultural Sta­ bilization and Conservation (b) * * * ed to clarify that it is the responsibility Service. of the dealer to enter data on the pro­ (12) The date or dates the grain was ducer’s burley marketing card to cover [F.R. Doc. 70-6223; Filed, May 19, 1970; sampled and the method of sampling nonauction purchases of tobacco he 8:50 a.m.] the grain.1 (This subparagraph is not makes. applicable to export certificates for cargo shipments.) 6. Section 724.89 would be amended Consumer and Marketing Service to include the 1969-70 average market ***** price for tobacco and the 1970-71 rate [ 7 CFR Part 26 1 Opportunity is hereby afforded all of penalty on marketings of excess interested parties to submit written tobacco. GRAIN STANDARDS data, views, or arguments, with respect 7. Section 724.91 would.be amended to General Requirements for Official to the proposed amendment of the reg­ include a new paragraph (k) to provide Certificates ulations, to the Hearing Clerk, TJ.S. De­ that where a dealer purchases and re­ partment of Agriculture, Washington, sells several kinds of tobacco and such Under the authority contained in the D.C. 20250. All written submissions kinds of tobacco are mixed in reporting U.S. Grain Standards Act (7 U.S.C. 71 should be in duplicate and should be re­ data on MQ-79, Dealers Record, penalty et seq.), as amended by Public Law 90- ceived by the Hearing Clerk not later would be due on all excess resales at the 487, notice is hereby given pursuant to than 45 days after this notice is published highest rate of penalty applicable to any the administrative procedure provisions in the F ederal R eg ister . All submissions kind of tobacco reported or due to be of 5 U.S.C. 553, that the United States made pursuant to this notice will be made reported. Department of Agriculture proposes to available for public inspection at the 8. Section 724.95(a) would be amended amend § 26.59 of the regulations (7 CFR office of the Hearing Clerk during reg­ to provide that if a farm operator in a 26.59) under the Act. ular business hours (7 CFP 1.27(b)). certification county (as defined in Part Statement of considerations. On Feb­ Consideration will be given to the 718 of this chapter) files a certification ruary 8, 1969, there was published in the written data, views, or arguments re­ of tobacco acreage on the farm, and F ederal R eg ister an amendment of the ceived by the. Hearing Clerk and to other after a farm visit and measurement of regulations (7 CFR 26.1 et seq.) under information available to the U.S. Depart­ the acreage, it is determined by the the U.S. Grain Standards Act, as ment of Agriculture before final deter­ county committee (with approval of the amended. Section 26.59 of the regulations mination is made with respect to this State committee) that the certification (7 CFR 26.59) prescribes the general re­ proposal. was false (either significantly under­ quirements for official certificates. Sec­ certification or significantly overcertifi­ Done in Washington, D.C., this 14th tion 26.59(b) (12) of the regulations (7 day of May 1970. cation) in what amounts to a scheme or CFR 26.59(b) (12)) prescribes that the device to defeat the purpose of the pro­ date or dates the grain was sampled and G . R . G range, gram the allotment next established for the method of sampling the grain be Deputy Administrator, the farm would be subject to being re­ shown. (Exceptions which are not per­ Marketing Services. duced after an informal hearing with tinent to this notice are shown in the [F.R. Doc. 70-6195; Filed, May 19, 1970; the operator. The acreage falsely cer­ footnote to the section.). 8:47 ajn .] tified (difference between certified and Export grain marketing groups, both measured acreage) times the farm’s commercial and governmental, have ex­ actual yield would be the pounds in vio­ pressed concern that the mandatory t 7 CFR Part 58 ] lation for purposes of computing the showing of the date or dates the grain reduction in the acreage allotment. was sampled and the method of sampling INSTANT NONFAT DRY MILK 9. Section 724.99 would be amended to on export certificates which represent Standards; Requirements for Grade, include a new paragraph (g) to clarify cargo shipments could result in confusion Grade Not Assignable, and Test that dealers who have tobacco transac­ among the foreign buyers and could un­ tions (acquisition of tobacco or resales) duly complicate the export marketing of Methods after the final reporting date of April 1, U.S. grain. The groups recommended Notice is hereby given that the U.S. set forth in § 724.99(f), shall make re­ that the regulations be amended so the Department of Agriculture is consider­ ports of such data on MQ-79. showing of the date or dates the grain ing the issuance, as hereinafter pro­ 10,. Section 724.109 would be amended was sampled and the method of samp­ vided, of amendments to the U.S. Stand­ provide for retention of records for ling would not be required on ex­ ards for Instant Nonfat Dry Milk. This years after the end of the marketing port certificates representing cargo grade standard is issued under authority year instead of 2 years. This is desirable shipments. of the Agricultural Marketing Act of 1946 Decause of the time required to discover A meeting with interested export' grain (60 Stat. 1087, as amended, 7 U.S.C. 1621) warehouse and dealer violations and to marketing groups was held in Wash­ which provides for the issuance of offi­ complete formal investigations. ington, D.C., on March 18 to discuss the cial U.S. Grades to designate different pvT nor issuance of the proposed showing of the information on export levels of quality for the voluntary use nanges in the regulations, data, views certificates. On the basis of information of producers, buyers and consumers. Offi­ rrewm^endations per^ajning thereto presented at the meeting, it appears that cial grading service is also provided un­ which are submitted to the Director, the mandatory showing of such informa­ der this Act upon request of the appli­ omxnodity Programs Division, Agricul- tion on export certificates which repre­ cant and upon payment of a fee to cover rai Stabilization and Conservation sent cargo shipments could further com­ the cost of the service.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7740 PROPOSED RULE MAKING

The proposed amendments provide indicates that by using the Modified under Subpart U, §§ 58.2753, 58.2754, and" Moats-Dabbah method it will effectively DEPARTMENT OF HEALTH, 58.2756 for the following changes: differentiate between regular and instant 1. Reduce the bacterial estimate to not nonfat dry milk, and that a level of 85 more than 30,000 per gram. percent is a reasonable requirement for EDUCATION, AND WELFARE 2. Reduce the coliform count to not U.S. Extra Grade. Public Health Service more than 10 per gram. Positive pasteurization can only be as­ [ 42 CFR Part 81 1 3. Express the dispersibility require­ sured when the heat treatment is con­ ment for U.S. Extra grade as 85 percent. ducted in properly operated equipment AIR QUALITY CONTROL REGIONS 4. Determine phosphatase activity at which is approved by an appropriate the option of the Department or when regulatory agency. Since the phosphatase Notice of Proposed Designation of requested by the buyer or seller. test is a method for measuring the effi­ Interstate Regions and Consulta­ 5. Reference the Modified Moats- ciency of pasteurization it should not be tions With Appropriate State and Dabbah Method as the test procedure extended to assure positive pasteuriza­ Local Authorities for measuring dispersibility. tion. Therefore, in determining “U.S. Statement of consideration. The pro­ Grade not assignable’JLthe requirement of Pursuant to authority delegated by the posed amendments to the standards are running the phosphatase test shall be at Secretary and redelegated to the Com­ based on information received or devel­ the option of the Department or when missioner of the National Air Pollution oped by the Department since 1958. Sur­ requested by the buyer or seller. Control Administration (33 F.R. 9909), veys of commercially available brands The proposal has been discussed with notice is hereby given of a proposal to of instant nonfat dry milk have been the American Dry Milk Institute and designate Interstate Air Quality Control made by the Dairy Division in 1958,1960, others in the dry milk industry. Regions as set forth in the following new 1965,1967, and 1969. Additional data has All persons who desire to submit writ­ §§ 81.55-81.74 inclusive which would be been obtained during 1969 in the pur­ ten data, views or arguments in connec­ added to Part 81 of Title 42, Code of chase programs of instant nonfat dry tion with the aforesaid proposals shall Federal Regulations. It is proposed to milk for use in USDA food distribution file the same in duplicate with the Hear­ make such designations effective upon programs. The test results obtained from ing Clerk, Room 112, Administration republication. these surveys show that the industry has Building, U.S. Department of Agricul­ Interested persons may submit written the capability of meeting the proposed ture, Washington, D.C. 20250, not later data, views, or arguments in triplicate amendments. The present U.S. Standards than 30 days from the date of publication to the Office of the Commissioner, for Instant Nonfat Dry Milk became in the F ederal R eg ister. All written sub­ National Air Pollution Control Adminis­ effective in May 1963. missions pursuant to this notice will be tration, Parklawn Building, Room 17-82, By reducing the bacterial estimate to made available for public inspection at 5600 Fishers Lane, Rockville, Md. 20852. not more than 30,000 per gram, it will the office of the Hearing Clerk during All relevant material received not later make the test method consistent with regular business hours (7 CFR 1.27(b) ). than 30 days after the publication of this the approved test procedures for making The proposed amendments to Subpart notice will be considered. bacertial tests. The reduction of the coli­ U are as follows: Interested authorities of the States of form count to not more than 10 per gram 1. Change subparagraph (3) (i)' of Alabama, Arkansas, Florida, Georgia, will bring this requirement into its proper § 58.2753(a), Requirements for the U.S. Illinois, Indiana, Kansas, Kentucky, significance as an indicator of post grade, to read as follows: Maryland, Michigan, Minnesota, Missis-' pasteurization contamination. (i) Bacterial estimate. Not more than sippi, Missouri, New Jersey, New York, Since the standard was developed, the 30,000 per gram, standard plate count. Ohio, Oklahoma, Pennsylvania, Tennes­ manufacture of mechanical equipment 2. Change subparagraph (3) (ii) of see, Virginia, West Virginia, and Wis­ previously used for determining dispersi­ § 58.2753(a), Requirements for the U.S. consin and appropriate local authorities, bility had been discontinued. Therefore, grade, to read as follows: both within and without the proposed the Market Quality Research Division, (ii) Coliform count. Not more than 10 regions, who are affected by or interested Agricultural Research Service, USDA, per gram. in the proposed designations, are hereby developed a nonmechanical method for 3. Change subparagraph (3) (viii) of given notice of an opportunity to consult determining the dispersibility of nonfat § 58.2753(a), Requirements for the U.S. with representatives of the Secretary dry milk. This method called the Moats- grafLe, to read as follows: concerning such designations. The Dabbah method was published in April (viii) Dispersibility. Not less than 85.0 1968. As a result of subsequent tests t>ÿ percent. schedule for such consultations is as USDA, American Dry Milk Institute and 4. Change paragraph (c) of § 58.2754, follows: dry milk industry members, certain U.S. Grade not assignable to read as fol­ Allentown-Bethlehem-Easton (Pennsylva­ changes in the method were suggested lows: “ (c) the phosphatase test, when nia)—Phillipsburg (New Jersey) Inter­ and made to improve reproducibility and run at the option of the Department or state Air Quality Control Region, July 2, use of the new test method which was when requested by the buyer or seller, 1970, 2 p.m., Courtroom, U S. Customs modified accordingly. The Modified Courthouse, 1 Federal Plaza, New York shows more than 4 micrograms of phenol City, N.Y. Moats-Dabbah Method for Determining per ml. of reconstituted nonfat milk.” Dispersibility of Nonfat Dry Milk has Binghamton (New York)—(Pennsylvania) been agreed upon by the Dairy Division 5. Change paragraph (a) of § 58.2756 Interstate Air Quality Control Region, (a ), Test methods, last sentence, to read July 2, 1970, 11 a.m., Courtroom, U.S. and ADMI. The method is now available Customs Courthouse, 1 Federal Plaza, from the U.S. Department of Agriculture, as follows: “Dispersibility shall be de- têrmined by the Modified Moats-Dabbah New York City, N.Y. Consumer and Marketing Service, Dairy Bristol (Virginia)—Johnson City (Tennes­ Division. Method.” see) Interstate Air Quality Control Region, Data on dispersibility for instant non­ Done at Washington, D.C., this 14th June 23, 1970, 11 a.m„ Auditorium A, fat dry milk and regular nonfat dry milk day of May 1970. National Communicable Disease Center, 1600 Clifton Road NE., Atlanta, Ga. G . R . G range, has been gathered from samples obtained Columbus (Georgia)—Phenix City (Ala­ from commercial sources, manufacturers, Deputy Administrator, bama) Interstate Air Quality Control American Dry Milk Institute and the Marketing Services. Region*. June 23, 1970, 2 p.m., Auditorium Dairy Division, Consumer and Marketing [F.R. Doc. 70-6224; Filed, May 19, 1970; A, National Communicable Disease Center, Service, USDA. Evaluation of the data 8:50 a.m.] 1600 Clifton Road NE., Atlanta, Ga.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 PROPOSED RULE MAKING 7741

Cumberland (Maryland)—Keyser (West Youngstown (Ohio)—Erie (Pennsylvania) (f) of the Clean Air Act, 42 U.S.C. 1857h Virginia) Interstate Air Quality Control Interstate Air Quality Control Region, (f)) geographically located within the Region, June 25, 1970, 9 ajn., Room B67, July 2, 1970, 9 a.m., Courtroom, TJ.S. Cus­ outermost boundaries of the area so U.S. Department of Health, Education, and toms Courthouse, 1 Federal Plaza, New delimited): Welfare, 220 Seventh Street NE., Char­ York City, N.Y. In the State of Virginia: lottesville, Va. Mr. Doyle J.Borchers is hereby desig­ Duluth (Minnesota)—Superior (Wisconsin) Bristol City. Scott County. Interstate Air Quality Control Region, nated as Chairman for these consulta­ tions. The Chairman shall fix the time, Lee County. Smyth County. June 29, 1970, 1 p.m., Lecture Hall, The Norton City. Washington County. Field Museum of Natural History, Roose­ date, and place of later sessions and Russell County. Wise County. velt Road and Lake Shore Drive, Chicago, may convene, reconvene, recess, and ad­ 111. journ the sessions as he deems appropri­ In the State of Tennessee: Evansville (Indiana) —Owensboro-Hender- ate to expedite the proceedings. Carter County. Hawkins County. son (Kentucky) Interstate Air Quality State and local authorities wishing to Greene County. Sullivan County. Control Region, June 26, 1970, 9 a.m., Hancock County. Washington County. Room B67, U.S. Department of Health, participate in a particular consultation Education, and Welfare, 220 Seventh should notify the Office of the Commis­ § 81.58 Columbus (Georgia)— Phénix Street NE., Charlottesville, Va. sioner, National Air Pollution Control- City (Alabama) Interstate Air Qual­ Florence (Alabama) —Corinth (Missis­ Administration, Parklawn Building, ity Control Region. sippi)— (Tennessee) Interstate Air Quality Room 17-82, 5600 Fishers Lane, Rock­ Control Region, June 22, 1970, 3 p.m., ville, Md. 20852, of such intention at The Columbus (Georgia)—Phenix City Auditorium A, National Communicable least 1 week prior to the consultation. (Alabama) Interstate Air Quality Con­ Disease Center, 1600 Clifton Road NE., At­ In Part 81 the following new sections trol Region consists of the territorial area lanta, Qa. encompassed by the boundaries of the Fort Smith (Arkansas)—Muskogee (Okla­ are proposed to be added to read as follows: following jurisdictions or described area homa) Interstate Air Quality Control (including the territorial area of all mu­ Region, July 7, 1970, 9 a.m., Room 330, U.S. § 81.55 Allentown - Bethlehem - E a sto n District Court, Federal Building, Bryan nicipalities (as defined in section 302(f) (Pennsylvania)— Phillipsburg (New of the Clean Air Act, 42 U.S.C. 1857h(f)) and Ervay Streets, Dallas, Tex. Jersey) Interstate Air Quality Control Huntington (West Virginia) —Ashland (Ken­ geographically located within the outer­ tucky)—Portsmouth-Ironton (Ohio) In­ Region. most boundaries of the area so terstate Air Quality Control Region, June The Allentown - Bethlehem - Easton delimited): 25,1970, 2 p.m., Room B67, U.S. Department of Health, Education, and Welfare, 220 (Pennsylvania)—Phillipsburg (New Jer­ In the State of Georgia: sey) Interstate Air Quality Control Re­ Seventh Street NE., Charlottesville, Va? Chattahoochee Muscogee County. Joplin (Missouri)—Northeast Oklahoma gion consists of the territorial area County. Stewart County. (Oklahoma)—Southeast Kansas (Kan­ encompassed by the boundaries of the Harris County. Troup County. sas),—Fayetteville (Arkansas) Interstate following jurisdictions or described area Air Quality Control Region, July 7, T970, (including the territorial area of all In the State of Alabama: 11 a.m., Room 330, U.S. District Court, municipalities (as defined in section Chambers County. Russell County. Federal Building, Bryan and Ervay Streets, 302(f) of the Clean Air Act, 42 U.S.C. Lee County. Dallas, Tex. 1857h(f)) geographically located within LaCrosse (Wisconsin)—Winona (Minnesota) § 81.59 Cumberland (Maryland)—Key­ Interstate Air Quality Control Region, the outermost boundaries of the area so ser (West Virginia) Interstate Air June 29, 1970, 3 p.m., Lecture Hall, The delimited): Quality Control Region. Field Museum of Natural History, Roosevelt In the State of Pennsylvania: Road and Lake Shore Drive, Chicago, 111. The Cumberland (Maryland)— Keyser Lehigh County. Northampton (West Virginia) Interstate Air Quality Menominee-Escanaba (Michigan) —Mari­ County. Control Region consists of the territorial nette (Wisconsin) Interstate Air Quality In the State of New Jersey : Control Region, June 30, 1970, 2 p.m., Lec­ area encompassed by the boundaries of ture Hall, The Field Museum of Natural Hunterdon County. Warren County. the following jurisdictions or described History, Roosevelt Road and Lake Shore Sussex County. area (including the territorial area of all Drive, Chicago, 111. municipalities (as defined in section 302 Mobile (Alabama)—Pensacola-Panama City § 81.56 Binghamton (New York)— (f) of the Clean Air Act, 42 U.S.C. 1857h (Florida)—-Gulfport (Mississippi) Inter­ (Pennsylvania) Interstate Air Qual­ (f)) geographically located within the state Air Quality Control Region, June 22, ity Control Region. outermost boundaries of the area so 1970, 1 p.m„ Auditorium A, National Com­ delimited): municable Disease Center, 1600 Clifton, The Binghamton (New York)— (Penn­ Road NE., Atlanta, Ga. sylvania) Interstate Air Quality Control In the State of Maryland: Paducah (Kentucky)— Cairo (Illinois) Inter­ Region consists of the territorial area Allegany County. Garrett County. state Air Quality Control Region, June 26, encompassed by the boundaries of the In the State of West Virginia: 1970, 11 a.m., Room B67, U.S. Department following jurisdictions or described area Grant County. Mineral County. of Health, Education, and Welfare, 220 (including the territorial area of all Seventh Street NE., Charlottesville, Va. municipalities (as defined in section § 81.60 Duluth (Minnesota)— Superior (Wisconsin) Interstate Air Quality Parkersburg (West Virginia) —Marietta 302(f) of the Clean Air Act, 42 U.S.C. Control Region. (Ohio) Interstate Air Quality Control 1857h(f)) geographically located within Region, June 25, 1970, 11 a.m., Room B67, the outermost boundaries of the areas so The Duluth (Minnesota)—Superior U.S. Department of Health, Education, and dlimited): (Wisconsin) Interstate Air Quality Con­ Welfare, 220 Seventh Street NE., Char­ trol Region consists of the territorial area lottesville, Va. In the State of New York: encompassed by the boundaries of the Rockford (Illinois)—Janesville-Beloit (Wis­ Broome County. Tioga County. consin) Interstate Air Quality Control following jurisdictions or described area Region, June 30, 1970, 9 a.m., Lecture Hall, In the State of Pennsylvania: (including the territorial area of all The Field Museum of Natural History, Bradford County. Susquehanna municipalities (as defined in section 302 Roosevelt Road and Lake Shore Drive, County. (f) of the Clean Air Act, 42 U.S.C. 1857h Chicago, 111. (f)) geographically located within the Scottsboro (Alabama)—Jasper (Tennessee) §81.57 Bristol (Virginia)— Johnson outermost boundaries of the area so Interstate Air Quality Control Region, City (Tennessee) Interstate Air Qual­ delimited): June 23, 1970, 9 a.m., Auditorium A, Na­ ity Control Region. tional Communicable Disease Center, 1600 In the State of Minnesota: Clifton Road NE., Atlanta, Ga. The Bristol (Virginia)—Johnson City (Tennessee) Interstate Air Quality Con­ Carlton County. Pine County. South Bend-Elkhart (Indiana)—Benton Har­ trol Region consists of the territorial Cook County. St. Louis County. bor (Michigan) Interstate Air Quality Con­ Lake County. trol Region, June 30, 1970, 11 a.m., Lec­ area encompassed by the boundaries of ture Hall, The Field Museum of Natural the following jurisdictions or described In the State of Wisconsin: History, Roosevelt Road and Lake Shore area (including the territorial area of all Bayfield County. Douglas County. Drive, Chicago, 111. municipalities (as defined in section 302 Burnett County.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7742 PROPOSED RULE MAKING

§ 81.61 Evansville (Indiana)— Owens- following jurisdictions or described area boundaries of the following jurisdictions boro-Henderson (Kentucky) Inter­ (including the territorial area of all mu­ or described area (including the terri­ state Air Quality Control Region. nicipalities (as defined in section 302(f) torial area of all municipalities (as de­ The Evansville (Indiana) —Owens- of the Clean Air Act, 42 U.S.C. 1857h(f)) fined in section 302(f) of the Clean Air boro-Henderson (Kentucky) Interstate geographically located within the outer­ Act, 42 U.S.C. 1857h(f)) geographically Air Quality Control Region consists of the most boundaries of the area so located within the outermost boundaries the territorial area encompassed by the delimited): of the area so delimited): boundaries of the following jurisdictions In the State of West Virginia: In the State of Michigan: or described area (including the terri­ Cabell County. Wayne County. Delta County. Menominee County. torial area of all municipalities (as Mason County. Dickinson County. defined in section 302(f) of the Clean Air In the State of Kentucky: Act, 42 U.S.C. 1857h(f)) geographically In the State of Wisconsin: Boyd County. ‘Lawrence County. located within the outermost boundaries Greenup County. Florence County. Oconto County. of the area so delimited): Marinette County. In the State of Ohio: In the State of Indiana: § 81.68 Mobile (Alabama)— Pensacola- Gallia County. Scioto County. Dubois County. Spencer County. Lawrence County. Panama City (Florida)— Gulfport Gibson County. Vanderburgh (Mississippi) Interstate Air Quality Perry County. County. § 81.65 Joplin (Missouri)— Northeast Control Region. Oklahoma (Oklahoma)— Southeast Pike County. Warrick County. The Mobile (Alabama) —Pensacola- Posey County. Kansas (Kansas)— Fayetteville (Ar­ kansas) Interstate Air Quality Con­ Panama City (Florida)—Gulfport (Mis­ In the State of Kentucky: trol Region. sissippi) Interstate Air Quality Control Region consists of the territorial area Daviess County. Henderson County. The Joplin (Missouri)—Northeast Hancock County. Union County. encompassed by the boundaries of the Oklahoma (Oklahoma) — Southeast following jurisdictions or described area § 81.62 Florence (Alabama)— Corinth Kansas (Kansas)—Fayetteville (Arkan­ (including the .territorial area of all (Mississippi) — (Tennessee) Inter­ sas) Interstate Air Quality Control Re­ municipalities (as defined in section state Air Quality Control Region. gion consists of the territorial area 302(f) of the Clean Air Act, 42 U.S.C. The Florence (Alabama)—Corinth encompassed by the boundaries of the 1857h(f)) geographically located within (Mississippi)— (Tennessee) Interstate following jurisdictions or described area the outermost boundaries of the area so Air Quality Control Region consists of (including the territorial area of all mu­ delimited): nicipalities (as defined in section 302(f) the territorial area encompassed by the In the State of Alabama: boundaries of the following jurisdictions of the Clean Air Act, 42 U.S.C. 1857h(f) ) or described area (including the terri­ geographically located within the outer­ Baldwin County. Mobile County. torial area of all municipalities (as most boundaries of the area so Escambia County. defined in section 302(f) of the Clean Air delimited) : In the State of Florida: Act, 42 U.S.C. 1857h(f)) geographically In the State of Missouri : Bay County. Jackson County. located within the outermost boundaries Barton County. McDonald County. Calhoun County. Okaloosa County. of the area so delimited): Jasper County. Newton County. Escambia County. Santa Rosa County. In the State of Alabama: In the State of Oklahoma: Gulf County. Walton County. Holmes County. Washington County. Colbert County. Lauderdale County. Adair County. Nowata County. Franklin County. Cherokee County. Ottawa County. In the State of Mississippi: Craig County. Rogers County. In the State of Mississippi: Hancock County. Pearl River Delaware County. Wagoner County. Harrison County.• ■ County. Alcorn County. Tishomingo County. Mayes County. Washington County. Jackson County. In the State of Tennessee: In the State of Kansas: §81.69, Paducah (Kentucky)—Cairo Hardin County. Cherokee County. Labette County. (Illinois) Interstate Air Quality Con­ Crawford County. Montgomery County. trol Region. § 81.63 Fori Smith (Arkansas)— Mus­ In the State of Arkansas: kogee (Oklahoma) Interstate Air The Paducah (Kentucky)—Cairo (Il­ Quality Control Region. Benton County. Washington County. linois) Interstate Air Quality Control § 81.66 La Crosse (Wisconsin)— Winona Region consists of the territorial area The Fort Smith (Arkansas)—Musko­ encompassed by the boundaries of the gee (Oklahoma) Interstate Air Quality (Minnesota) Interstate Air Quality Control Region. following jurisdictions or described area Control Region consists of the territorial (including the territorial area of all area encompassed by the boundaries of The La Crosse (Wisconsin)—Winona municipalities (as defined in section the following jurisdictions or described (Minnesota) Interstate Air Quality Con­ 302(f) of the Clean Air Act, 42 U.S.C. area (including the territorial area of all trol Region consists of the territorial area 1857h(f)) geographically located within municipalities (as defined in section 302 encompassed by the boundaries of the the outermost boundaries of the area so (f) of the Clean Air Act, 42 U.S.C. 1857h following jurisdictions or described área delimited): (including the territorial area of all mu­ (f)) geographically located within the , In the State of Kentucky: outermost boundaries of -the area so nicipalities (as defined in section 302(f) delimited): of the Clean Air Act, 42 U.S.C. 1857h(f)) Ballard County. McCracken County. Marshall .County. In the State of Arkansas: geographically located within- the outer­ most boundaries of the area so In the State of Illinois: Crawford County. Sebastian County. delimited): Alexander County. Pope County. In the State of Oklahoma: In the State of Wisconsin: Massac County. Pulaski County. Haskell County. Muskogee County. Buffalo County. Trempealeau County. 81.70 Parkersburg (West Virginia)-— Latimer County. Okmulgee County- La Crosse County. Vernon County. Marietta (Ohio) Interstate Air Quai- Le Flore County. Pittsburgh County. McIntosh County. Sequoyah County. In the State of Minnesota: The Parkersburg (West Virginia) — § 81.64 Huntington (West Virginia)— Houston County. Winona County. Wabasha County. Marietta (Ohio) Interstate Air Quality Ashland (Kentucky)—Portsmouth- Control Region consists of the territorial Ironton (Ohio) Interstate Air Quality § 81.67 Menominee-Escanaba (Mich­ area encompassed by the boundaries of Control Region. igan)— Marinette (Wisconsin) Inter­ the following jurisdictions or described The Huntington (West Virginia) — state Air Quality Control Region. area (including the territorial area of Ashland (Kentucky)—Portsmouth-Iron- The Menominee-Escanaba (Michi­ all municipalities (as defined in section ton (Ohio) Interstate Air Quality Control gan)—-Marinette (Wisconsin) Interstate 302(f) of the Clean Air Act, 42 U.S.C. Region consists of the territorial area Air Quality Control Region consists of 1857h(f)) geographically located within encompassed by the boundaries of the the territorial area encompassed by the the outermost boundaries so delimited):

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 2Q, 1970 PROPOSED RULE MAKING 7743

In the State of West Virginia: encompassed by the boundaries of the and requirements applicable to radio Jackson County. Wetzel County. following jurisdictions or described area installations on specified types of Pleasants County. Wood County. (including the territorial area of all vessels navigating the Great Lakes and Tyler County. municipalities (as defined in section the associated waters named in the In the State of Ohio: 302(f) of the Clean Air Act, 42 U.S.C. Agreement. Athens County. Washington County. 1857h(f)) geographically located within 3. All vessels subject to the Great Meigs County. the outermost boundaries of the area so Lakes Agreement and the Regulations delimited): annexed thereto are required to have § 81.71 Rockford (Illinois)— Janesville- In the State of Ohio: available “a main source of energy Beloit (Wisconsin) Interstate Air sufficient to energize properly and im­ Quality Control Region. Ashtabula County. Trumbull County. mediately the radiotelephone installa­ The Rockford (Illinois)—Janesville- Mahoning County. tion.” Agreement, Regulation 1-3. On Beloit (Wisconsin) Interstate Air Qual­ In the State of Pennsylvania: most vessels plying the Great Lakes, this ity Control Region consists of the Crawford County. Mercer County. “main source of energy” is the vessel’s territorial area 'encompassed by the Erie County. normal electrical system, whose source is boundaries of the following jurisdictions a generator normally located in the en­ or described area (including the terri­ This action is proposed under the gine room in the after part of the vessel. torial area of all municipalities (as authority of sections 107(a) and 301(a) The radiotelephone installation itself defined in section 302(f) of the Clean of the Clean Air Act, section 2, Public must be located “as high as practicable Air Act, 42 UJ5.C. 1857h(f)) geograph­ Law 90-148, 81 Stat. 490, 504, 42 U.S.C. in the upper part of the vessel”, and the ically located within the outermost 1857c-2(a), 1857g(a). main operating position of thé radiotele­ boundaries of the area so delimited): Dated: May 15, 1970. phone installation must- be located “on In the State of Illinois: the bridge” of the vessel. Agreement, R aymond S m ith , Regulation 1-1. The latter requirements Boone County. Stephenson County. Acting Commissioner, National normally place the radiotelephone in­ De Kalb County. Winnebago County. Air Pollution Control Admin­ Ogle County. stallation and main operating position istration. therefor in the forward part of the In the State of Wisconsin: [P.B. Doc. 70-6230; Piled, May 19, 1970; vessel, a considerable distance from the Bock County. 8:50 a.m.] main source of energy. Consequently, § 81.72 Scottsboro (Alabama)— Jasper should a vessel break in half or suffer (Tennessee) Interstate Air Quality major damage between the forward and Control Region. after parts of the vessel, electrical power FEDERAL COMMUNICATIONS for the operation of radio equipment The Scottsboro (Alabama)—Jasper would likely be terminated. (Tennessee) Interstate Air Quality Con­ trol Region consists of the territorial COMMISSION 4. To meet the foregoing contingency area encompassed by the boundaries of [ 47 CFR Part 83 1 in the situation of passenger carrying vessels of 1,000 gross tons or more, Regu­ the following jurisdictions, or described [Docket No. 18854; FCC 70-497] area (including the territorial area of lation 1-3 of the Agreement (as well as all municipalities (as defined in section AUXILIARY SOURCE OF ELECTRICAL the Commission’s rules, § 83.545) requires 302(f) of the Clean Air Act, 42 U.S.C. an independent, auxiliary source of ENERGY ON CERTAIN UNITED energy capable of energizing the radio­ 1857h(f)) geographically located within STATES VESSELS the outermost boundaries of the area so telephone installation for at least four delimited): Notice of Proposed Rule Making continuous hours; and the auxiliary source, like the radiotelephone installa­ In the State of Alabama: In the matter of amendment of Part tion, must be located “as high as possible De Kalb County. Jackson County. 83 to provide for an auxiliary source of in the upper part of the vessel.” No In the State of Tennessee: electrical energy on certain United States similar requirement with respect to ves­ Bledsoe County. Sequatchie County. vessels subject to the Great Lakes sels of other descriptions was provided Marion County. Agreement. for in the Agreement, and this matter § 81.73 South Bend-Elkhart (Indiana)— 1. Notice of proposed rule making in was left with a recommendation “that Benton Harbor (Michigan) Inter­ the above-entitled matter is hereby further study be made by both Contract­ state Air Quality Control Region. given. In brief, the Commission proposes ing Governments * * * and that infor­ to amend Part 83 of its rules to require mation on this subject be exchanged The South Bend-Elkhart (Indiana) — an auxiliary source of electrical energy between the two.” Conference Recom­ Benton Harbor (Michigan) Interstate for radiotelephone installations on Great mendation, Annex 5 of the U.S. Delega­ Air Quality Control Region consists of Lakes cargo vessels of 1,000 gross tons tion Report. the territorial area encompassed by the or more. 5. The Commission is presently per­ boundaries of the following jurisdictions 2. The basic' authority governing the suaded that the considerations which led or described area (including the terri­ to the auxiliary power requirement in torial area of all municipalities (as use of radio for safety purposes by watercraft plying the Great Lakes is the Regulation 1-3 of the Agreement also defined in section 302(f) of the Clean support the advisability and necessity of Air Act, 42 U.S.C. 1857h(f)) geographi­ Agreement for the Promotion of Safety on the Great Lakes by means of Radio, a similar requirement for large United cally located within the outermost bound­ States Great Lakes cargo vessels other aries of the area so delimited): more commonly referred to as the Great Lakes Agreement. The Great Lakes than those meeting the definition of pas­ In the State of Indiana: Agreement entered into force on Novem­ senger carrying vessels. Reference here Elkhart County. Marshall County. ber 13, 1954, and was concluded between need only be made to the tragedy late in Kosciusko County. St. Joseph County. the United States and Canadian Gov­ 1966 wherein the Great Lakes Ore Carrier LaPorte County. ernments out of mutual concern that “Daniel J. Morrell” broke in half and sank with only one survivor; no distress In the State of Michigan;^ Great Lakes vessels be equipped with adequate and effective radio installations signals were received from the stricken Berrien County. Van Buren County. for all safety purposes.1 Accordingly, the vessel, and it later developed that the Cass County. Agreement prescribes certain standards radio equipment aboard had been ren­ §81.74 Youngstown (Ohio)—Erie dered useless due to cessation of power accompanying the breaking in half of the (Pennsylvania) Interstate Air Qual­ 1 Under section 1 of the Communications ity Control Region. vessel. Many U.S. Great Lakes cargo Act of 1934, as amended, 47 U.S.C. section vessels are now equipped, on a voluntary The Youngstown (Ohio)—Erie (Penn­ 151, the Commission is charged with the general responsibility of “promoting safety basis, with auxiliary power sources to sylvania) Interstate Air Quality Control of life and property through the use of wire reduce the likelihood of similar tragedies, Region consists of the territorial area and radio communication”. and it is the purpose of this proceeding

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 No. 98- -4 7744 PROPOSED RULE MAKING

to provide for such equipment on a man­ Adopted: May 13,1970. unit continuously and effectively over datory basis for all U.S. cargo vessels Released: May 15,1970. the required period of time may be estab­ subject to the Great Lakes Agreement. lished by using as a basis the fuel con­ 6. The requirement being proposed F ederal Communications sumption during a continuous period of here for U.S. cargo vessels is essentially C o m m issio n , 1 hour when supplying power, at the the same as that presently in force for [ seal] B en F . W aple, voltage required for normal and effective passenger vessels, except that the con­ Secretary. operation, to an electrical load as pre­ tinuous hours provisions is for two rather A. Part 83, Stations on Shipboard in scribed by subparagraph (3) of this than 4 hours. In this connection, most of the Maritime Services, is amended as paragraph: the cargo vessels now carrying auxiliary follows: (3) For the purpose of determining power sources have equipment of the Section 83.545, paragraphs (a) and (d) the electrical load to be supplied, the lesser capability, and the Commission be­ are amended as follows: - following formula shall be used: lieves that it would be inequitable to (i) One-half the current consumption require owners who have voluntarily § 83.545 Auxiliary source of energy. of the required transmitter at its rated purchased this safety equipment to now (a) An auxiliary source of energy output power; plus replace it. When considering the routes shall be provided as follows: (ii) Current consumption of the re­ of voyages of Great Lakes cargo vessels, (1) Passenger carrying vessels which quired receiver; plus the proximity of other vessels, and the are of 1,000 gross tons and over shall be (iii) Current consumption of the elec­ numerous coast stations and Coast provided with an auxiliary source of en­ tric light prescribed by § 83.547; plus Guard shore stations with which to ergy, independent of the vessel’s normal (iv) The sum of the current consump­ communicate in the event of distress, it electrical system and capable of prop­ tion of all other loads to which the is believed that 2 hours capacity is erly energizing the radiotelephone instal­ auxiliary source of energy may supply adequate. lation and the electric light prescribed by power in time of emergency or distress; 7. With respect to this matter of aux­ § 83.547, in addition to any other elec­ (4) At the conclusion of the test speci­ iliary power sources for radiotelephone trical loads to which it may supply en­ fied in subparagraphs (1) and (2) of installations, the Great Lakes Agreement ergy in times of emergency or distress, this paragraph, no part of the auxiliary prescribed minimum requirements only, for at least 4 continuous hours under source of energy shall have an excessive in terms of the established safety objec­ normal operating conditions. When temperature rise, nor shall the specific tives of the Agreement. As stated above, meeting this 4-hour requirement, such gravity or voltage of any storage battery it was recognized that further study of auxiliary source of energy shall be located be below the 90 percent discharge point pertinent matters would be made by both on .the level of the main pilothouse or at as determined from information (such of the Contracting Governments; and lease one deck above the vessel’s main as voltage curves or specific gravity neither Government was precluded from deck; tables) supplied by the manufacturer of establishing additional requirements ap­ (2) Vessels of 1,000 gross tons or more, the type of battery involved. plicable to vessels of its own registry. other than passenger carrying vessels, [F.R. Doc. 70-6214; Filed, May 19, 1970; Thus, while the agreement is open to shall be provided with an auxiliary 8:49 a.m.] amendment, this approach is not the only source of energy, independent of the ves­ means of accomplishing desired objec­ sel’s normal electrical system and capa­ tives, and, in this instance, the Commis­ ble of properly energizing the radiotele­ sion has already been advised by the phone installation and the electric light FEDERAL TRADE COMMISSION Canadian Government that other regu­ prescribed by § 83.547, in addition to any [ 16 CFR Part 426 1 latory measures have now been enforced other electrical loads to which it may by it to prevent the hazard which these supply energy in times of emergency ADVERTISIN G OF CYCLAMATE- proposals are designed to overcome. or distress, for a t least 2 continuous CONTAINING ARTIFICIAL SWEET­ Given the safety purposes stated in the hours under normal operating condi­ ENERS AS NONPRESCRIPTION tions. When meeting this 2-hour require­ Agreement, and the commitments of the DRUGS parties to take all steps necessary to ment, such auxiliary source of energy achieve those objectives, the Commission shall be located on the level of the main Notice of Public Hearing and Oppor­ believes it would be remiss in its responsi­ pilothouse or at least one deck above tunity To Submit Data, Views or bilities under the Agreement and the the vessel’s main deck; Arguments Regarding Proposed Communications Act, if it did not pre­ ♦ * * * * Trade Regulation Rule scribe additional requirements for ves­ (d) The shipowner, operating com­ sels of U.S. registry in those instances pany, or station licensee, when directed Notice is hereby given that the Federal where it is determined that they are by the Commission or its authorized Trade Commission, pursuant to the necessary safety measures. representatives, shall prove by demon­ Federal Trade Commission Act, as 8. The proposed amendments set forth stration as prescribed in subparagraphs amended, 15 U.S.C. 41, et seq., and the below, are issued pursuant to the author­ (I), (2), (3), and (4) of this paragraph, provisions of Part 1, Sùbpart B of the ity contained in section 1 and 303 (r) of or by such other means as may be Commission’s procedures and rules of the Communications Act of 1934, as deemed necessary, that the auxiliary practice, 16 CFR 1.11, et seq., has initi­ amended. Pursuant to applicable proce­ source of energy is capable of meeting ated a proceeding for the promulgation dures set forth in § 1.415 of the Commis­ the requirements of paragraph (a) of of a Trade Regulation Rule relating to sion’s rules, interested persons may file this section: the advertising of cyclamate-containing comments herein on or before June 22, (1) When the auxiliary source of en­ artificial sweeteners as nonprescripton 1970, and reply comments on or before ergy consists of or includes a storage drugs, and proposes the Trade Regula­ July 2, 1970. All relevant and timely battery, proof of the ability of such bat­ tion Rule hereinafter set forth. comments and reply comments will be tery to operate continuously and effec­ The Commission has initiated this considered by the Commission before tively over the required period of time proceeding, having reason to believe final action is taken in this proceeding. is authorized to be established by a dis­ that: In reaching its decision herein, the Com­ charge test over the required period of 1. Many marketers have offered lor mission may take into account other time, when supplying power at the volt­ sale and sold in commerce, as “com­ relevant information before it, in addi­ age required for normal and effective merce” is defined in the Federal Trade tion to the specific comments invited by operation to an electrical load as pre­ Commission Act, cyclamate-containing this notice. scribed by subparagraph (3> of this artificial sweeteners as nonprescription 9. In accordance with the provisions paragraph: drugs. of § 1.419 of the Commission’s rules, an (2) When the auxiliary source of en­ 2. Consumption of cyclamate-contain­ original and 14 copies of all statements, ergy consists of or includes an engine- ing artificial sweeteners as nonprescrip­ briefs, or comments, shall be furnished driven generator, proof of the adequacy tion drugs, when taken in large dosages, the Commission. of the engine fuel supply to operate the may be dangerous to health.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 PROPOSED RULE MAKING 7745

Note: On the basis of animal studies dis­ experience in the field of hazardous lation Rules, not later than July 14, closing the presence of malignant bladder products and all available studies and 1970, and state the estimated time re­ tumors after the animals had been subjected reports in this matter, is of the opinion quired for his oral presentation. Reason­ to large dose levels of cyclamates for long that the public interest in a Trade Regu­ able limitations upon the length of time periods, the Commissioner of the Pood and lation Rulemaking proceeding is specific allotted to any person may be imposed. Drug Administration, Department of Health, In addition, all parties desiring to de­ Education, and Welfare, concluded that and substantial. cyclamates could no longer be regarded as Accordingly, the Commission therefore liver a prepared statement at the hearing generally recognized as safe for use in food. proposes the following Trade Regulation should file such statement with the Rule: Chief, Division of Trade Regulation 3. Without the proper disclosure in ad­ Rules, On or before July 14, 1970. vertising, a substantial portion of the § 426.1 The Rule. The data, views, or arguments pre­ general consuming public might be led to (a) In connection with the sale or sented with respect to the proposed rule believe that such nonprescription drug offering for sale of cyclamate-containing will be available for examination by in­ products can be consumed in large artificial sweeteners as nonprescription terested parties at the office of the As­ dosages without danger to health, and drugs, subject to the jurisdictional re­ sistant Secretary for Legal and Public that such nonprescription drug products quirements of sections 5 and 12 of the Records, Federal Trade Commission’s can safely be consumed by anyone and Federal Trade Commission Act, it is an Washington address given above, and without medical supervision, when, in unfair or deceptive act or practice to fail will be considered by the Commission in fact, said products in large dosages may to include in the advertising of such the establishment of a Trade Regulation be dangerous to health, said products are products a clear and conspicuous cau­ Rule. intended only for consumption by a lim­ tionary statement that said products All persons, firms, corporations, or ited class of persons—the diabetic and may be dangerous to health when taken others engaged in the sale or distribution the obese patient under medical supervi­ in large dosages, that said products of cyclamate-containing nonprescrip­ sion—in whom weight reduction and con­ should only be used with calorie-con­ tion drug products, in commerce, as trol are essential for health, and said trolled diets by diabetics or obese “commerce” is defined in the Federal products can be safely consumed only patients under medical supervision, and Trade Commission Act, would be subject under medical supervision and in ac­ that medical supervision is essential for to the requirements of any Trade Regu­ cordance with the cautionary statements safe use. lation Rule promulgated in the course of appearing on the label or in the labeling (b) Example of a proper cautionary this proceeding. thereof. statement: Where a Trade Regulation Rule is rele­ Note: The Food and Administration has Caution: This product contains cyclamate vant to any issue involved in an adju­ approved a new drug application for cycla- which, when taken in large dosages, may be dicative proceeding thereafter insti­ mates on a nonprescription, drug-labeled dangerous to healths For use only with tuted, the Commission may rely upon the basis, with the following labeling require­ calorie-controlled diets by diabetics or obese ment, 34 F.R. 20427, December 31, 1969: rule to resolve such issue, provided that patients under medical supervision. Medical the respondent shall have been given a “(2) Indications. Include the statement supervision is essential for safe use. ‘For use only with calorie-controlled diets fair hearing on the applicability of the by diabetics or obese patients under medical All interested persons, including mem­ rule to the particular case. supervision.’ Also, set forth thereafter in a bers of the public, are urged to submit Trade Regulation Rules express the a box the statement ‘Caution: Medical super­ comments on the proposed rule set forth vision is essential for safe use.’ ” experience and judgment of the Com­ above, or to recommend any desirable mission, based on facts of which it has 4. The failure to disclose in advertis­ revisions. Such data, views, or argu­ knowledge derived from studies, reports, ing that cyclamate-containing artificial ments may be filed with the Chief, Divi­ investigations, hearings, and other pro­ sweeteners as nonprescription drugs may sion of Trade Regulation Rules, Bureau ceedings, or within official notice con­ be dangerous to health when taken in of Industry Guidance, Federal Trade cerning the substantive requirements of large dosages, should be used only with Commission, Pennsylvania Avenue and the statutes which it administers. calorie-controlled diets by diabetics or Sixth Street NW., Washington, D.C. The Commission has reason to believe obese patients under medical supervision, 20580, not later than July 14, 1970. To that the practices which would be pro­ and should be consumed only under the extent practicable, persons wishing hibited by the proposed rule are wide­ medical supervision for safe use, has the to file written presentations in excess of spread in this industry. This proceeding capacity and tendency to mislead and two pages should submit 20 copies* is designed to inform all industry mem­ deceive purchasers and prospective All interested parties are also given bers of their obligations under the law purchasers. notice of opportunity to make oral and assure equitable treatment In com­ 5. Such practice constitutes a violation presentation of data, views, or argu­ plying there witli. of sections 5 and 12 of the Federal Trade ments with respect to the proposed rule Commission Act. at a hearing to be held at 10 a.m., e.d.t., Issued: May 20,1970. In taking this action the Commission July 21, 1970, in Room 532 of the By the Commission. has considered, among other things, the Federal Trade Commission Building, labeling requirements of the Food and Washington, D.C. [ seal] J oseph W. S hea, Drug Administration as to the safety of Any persons desiring to orally present Secretary. cyclamate-containing artificial sweeten­ his views at the hearing should so in­ [F.R. Doc. 70-6139; Filed, May 19, 1970; ers and, on the basis of its accumulated form the Chief, Division of Trade Regu- 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7746 Notices

Pursuant to Order 70-5-53 of the day, April 11, 1970, the following correc­ DEPARTMENT OF STATE Board, dated May 13, 1970, notice is tion should be made: Agency for International Development hereby given that the heariilg in this pro­ The entry under T^9 S., R. 28 E., which ceeding, iflresently scheduled for June 8, now “reads Sec. 15, W^NW^, SW1/* [Delegation of Authority 39, Amdt. 4] 1970, in Room 911, Universal Building, SWx/4, and E I/2SW1/4 lying west of the ASSISTANT ADMINISTRATOR FOR 1825 Connecticut Avenue NW., Washing­ Big Horn Canyon National Recreation PRIVATE RESOURCES ET AL. ton, D.C., has been postponed until Area;” should read “Sec. 15, W%NW}4, June 15, 1970, commencing at 10 a.m., NWy4SWy4, and Ei&SW}4 lying west of Delegation of Authority Relating to e.d.s.t. The hearing will be held in Room the Big Horn Canyon National Recrea­ Investment Insurance, Investment 726, rather than Room 911. tion Area”. Guaranties, Investment Encourage­ Each of the remaining prehearing pro­ E dw in Zaidlicz, cedural dates is hereby postponed for State Director. ment and Loans to Private one week: That is, the date for serving Borrowers direct exhibits and direct testimony is [F.R. Doc. 70-6179; Filed, May 19, 1970; 8:46 a.m.] Pursuant to the authority contained postponed from May 15,1970, to May 22, in section 239(b) of the Foreign Assist­ 1970 (except those of the Bureau of Eco­ ance Act of 1961, as amended (herein­ nomics, which shall be served May 27, [OR616Q] 1970), and the date for serving rebuttal after the “Act”), the Presidential De­ OREGON termination, dated December 30, 1969 exhibits and rebuttal testimony is post­ (35 F.R. 43), section 621 of the Act, and poned from June 3, 1970, to June 10, Notice of Proposed Withdrawal and the authority delegated to me by Dele­ 1970. Reservation of Land gation of Authority No, 104, as amended, [seal] E. R obert S eaver, from the Secretary of State dated No­ Hearing Examiner. M ay 12,1970. The Department of Agriculture, on vember 3, 1961 (26 F.R. 10608) and in [F.R. Doc. 70-6225; Filed, May 19, 1970; accordance with Executive Orders 10900 8:50 a.m.] behalf of the Forest Service, has filed ap­ and 10973, Delegation of Authority No. plication, OR 6160, for the withdrawal 39 dated April 13,1964 (29 F Jt. 5355), as of the public land described below, from amended, is hereby further amended as all forms of appropriation under the follows: DEPARTMENT OF THE TREASURY public land laws including the mining 1. Delete- subparagraph (C) of para­ Bureau of Customs laws, but not the mineral leasing laws. graph 1; The applicant desires the land for the 2. Delete at the end of subparagraph [T.D. 70-119] Ripplebrook Campground in the Mount (D) of paragraph 1 the following clause: REIMBURSABLE SERVICES Hood National Forest. except that authority delegated in For a period of 30 days from the date this subparagraph shall not be exercised Excess Cost of Preclearance of publication of this notice, all persons with respect to countries or areas within Operations who wish to submit comments, sugges­ the responsibility of the Assistant Ad­ tions, or objections in connection with ministrator for Latin America”. M ay 11, 1970. the proposed withdrawal may present 3. In subparagraph (D) of paragraph Notice is hereby given that pursuant to their views in writing to the undersigned 1 delete the words “and (f ) ”. § 24.18(d), Customs Regulations (19 officer of the Bureau of Land Manage­ 4. Delete subparagraph (A) (ii) of CFR 24.18(d)), the biweekly reimburs­ ment, Department of the Interior, 729 paragraph 3. able excess costs for each preclearance Northeast Oregon Street, Post Office Box 5. In subparagraph (B) of paragraph installation are determined to be as set 2965, Portland, Oreg. 97208. 3 delete the words “sections 222 and forth below and will be effective with the The authorized officer of the Bureau 234(b)” and substitute therefore the pay period beginning May 17,1970: of Land Management will undertake such words “section 222”. Biweekly investigations as are necessary to deter­ 6. In all other respects the aforesaid Installation excess cost mine the existing and potential demand Delegation of Authority No. 39, as Montreal, Canada______— $2, 767 for the land and its resources. He will amended, shall remain in full force and Toronto, Canada______4,013 also undertake negotiations with the ap­ Kindley Field, Bermuda ------836 plicant agency with the view of adjusting effect. Nassau, Bahama Islands______5,416 7. This délégation of authority shall Vancouver, Canada______1, 536 the application to reduce the area to the be deemed effective as of the date hereof. Winnipeg, Canada__ ___:------401 minimum essential to meet the appli­ can t's needs, to provide for the maximum Dated: May 11, 1970. [ seal] M y l e s J . Am brose, concurrent utilization of the land for Commissioner of Customs. J ohn A. Hannah, purposes other than the applicant’s, to Administrator. [F.R. Doc. 70-6202; Filed, May 19, 1970; eliminate land needed for purposes more 8:48 a.m.] essential than the applicant’s, and to [F.R. Doc. 70-6191; Filed, May 19, 1970; reach agreement on the concurrent man­ 8:47 a.m.] agement of the land and its resources. He will also prepare a report for con­ DEPARTMENT DF THE INTERIOR sideration by the Secretary of the In­ CIVIL AERONAUTICS BOARD Bureau of Land Management terior who will determine whether or not [Docket No. 21866-4] [Montana 12496] the land will be withdrawn as requested by the applicant agency. DOMESTIC PASSENGER FARE MONTANA ' The determination of the Secretary on INVESTIGATION Notice of Proposed Classification of the application will be published in the Notjce of Postponement of Hearing, Public Lands for Multiple Use Man­ F ederal R eg ister . A separate notice will agement; Correction be sent to each interested party of Change in Place of Hearing, and record. Change in Procedural Dates M ay 11, 1970. If circumstances warrant it, a public Domestic passenger fare investigation, In F.R. Doc. 70-4430 appearing on hearing will be held at a convenient time phase 4—joint fares: pages 6015-6016 of the issue for Satur­ and place which will be announced.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7747

The land involved in the application Department of Commerce, Washington, CHILDREN’S HOSPITAL OF is: D.C. LOS ANGELES W i l l a m e t t e M e r id ia n Docket No.: 70-00357-99-46040. Appli­ Notice of Decision on Application for MOUNT HOOD NATIONAL FOREST cant: California State College, 25800 Hillary Street, Hayward, Calif. 94542. Duty-Free Entry of Scientific Article Ripplebrook Campground Article: Electron Microscope, Model HS- The following is a decision on an ap­ T. 6 S., R. 6 E., 8. Manufacturer: Hitachi, Ltd., Japan. sec. 2, S l/2 of lot 2 and those parts of Intended use of article: The article’s plication for duty-free entry of. a scien­ NW%SWi4NEV4 and NE%SE%NW% primary function will be for teaching and tific article pursuant to section 6(c) of north of Oak Grove Pork of Clackamas instruction. Simplicity of operation and the Educational, Scientific, and Cultural River and east of County Road No. 224. the short training period required for its Materials Importation Act of 1966 (Pub­ Containing approximately 45 acres in use make this instrument ideal for teach­ lic Law 89-651, 80 Stat. 897) and the regulations issued thereunder as Clackamas County, Oreg. ing. It will be necessary for students of limited backgrbund having no previous amended (34 F.R. 15787 et seq.). V ir gil O. S e ise r , experience in electronics or electron A copy of the record pertaining to Chief, Branch of Lands. microscopy, to be trained in the tech­ this decision is available for public re­ [P.R. Doc. 70-6227; Piled, May 19, 1970; niques of electron microscopy within a view during ordinary business hours of 8:50 a.m.] few weeks. The course, outlined in detail, the Department of Commerce, at the consists of 17 lectures and 10 laboratory Scientific Instrument Evaluation Divi­ periods. The secondary function of the sion, Department of Commerce, Wash­ Bureau of Reclamation article will be for graduate research in ington, D.C. [Public Announcement 36, Arndt. 1] the fine structure of biological or geo­ Docket No. 70-00368-00-46040. Appli­ logical ftiaterial. cant: Children’s Hospital of Los Angèles, COLUMBIA BASIN PROJECT, WASH. Comments: No comments have been Post Office Box 54700, Los Angeles, Sale of Full-Time Farm Units received with respect to this application. Calif. 90054. Article: Universal cassette Decision: Application approved. No in­ without magazine. Magazine with 24 Public announcement of the sale of strument or apparatus of equivalent sci­ plate holders. Manufacturer: Siemens, farm units in the Quincy Columbia entific value to the foreign article, for West Germany. Basin Irrigation District, Columbia Basin such purposes as this article is intended Intended use of article: The article Project, Wash., dated November 19,1964, to be used, is being manufactured in the will be used on an existing Siemens elec­ published in the F ederal R egister at 29 United States. tron microscope in*' the applicant F.R. 16262, on December 4, 1964, is Reasons: The foreign article is an in­ institution. amended by deleting section 14.d. Res­ termediate electron microscope which, in Comments:" No comments have been idence requirements as applicable to terms of sophistication and capabilities, received with respect to this application. Farm Unit 107, Irrigation Block 81. This lies between the simple, portable electron amendment does not apply to other farm microscope and the highly complex re­ Decision: Application approved. No in­ strument or apparatus of equivalent units sold under Public Announcement search types. The applicant intends to 36. use the foreign article for teaching be­ scientific value to the foreign article, for such purposes as this article is intended The purchaser has developed and ginning students the fundamentals of electron microscope techniques and, for to be used, is being manufactured in farmed Farm Unit 107, Irrigation Block the United States. 81, while living with his parents and this purpose, requires a transitional in­ commuting to the unit. The purpose of strument for bridging the gap between Reasons: The foreign article consists this amendment is to waive the residence the use of the light microscope and the of accessories to a priorly imported elec­ requirement for establishment by the research type of electron microscope. tron microscope manufactured by the purchaser of residence by actually living The most closely comparable domestic in­ same source that supplies the article. on the unit for a period of 1 year and strument available at the time the appli­ The Department of Commerce knows the requirement for establishment of a cation was received was the EMU-4B of no similar accessories which are inter­ permanent habitable dwelling. electron microscope which was formerly changeable with the foreign article, or being manufactured by the Radio Corp. can readily be adapted to the electron E l l is L. Armstrong, of America (RCA), and which is cur­ microscope with which the article is in­ Commissioner of Reclamation. rently being produced by Forgflo Corp. tended to be used. May 14, 1970. (Forgflo).- The Model EMU-4B electron Charley M. D enton, [P.R. Doc. 70-6226r Piled, May 19, 1970; microscope is a highly sophisticated and Assistant Administrator for In­ 8:50 a.m.] relatively complex research electron dustry Operations, Business microscope intended for the use of an and Defense Services Admin­ expert. We are advised by the Depart­ istration. ment of Health, Education, and Welfare DEPARTMENT OF COMMERCE (HEW) in its memorandum of March 31, [P.R. Doc. 70-6167; Piled, May 19, 1970; 1970, that the simplicity of operation of 8:45 a.m.] Business and Defense Services the foreign article is pertinent to the Administration applicant’s educational purposes. DEPARTMENT OF COMMERCE CALIFORNIA STATE COLLEGE For this reason, we find that the Model EMU-4B electron microscope is not of Notice of Decision on Application for Notice of Decision on Application for equivalent scientific value to the foreign Duty-Free Entry of Scientific Article Duty-Free Entry of Scientific Article article, for such purposes as this article The following is a decision on an ap­ is intended to be used. The following is a decision on an ap­ plication for duty-free entry of a scien­ plication for duty-free entry of a scien­ The Department of Commerce knows tific article pursuant to section 6(c) of tific article pursuant to section 6(c) of of no other instrument or apparatus of the Educatiohal, Scientific, and Cultural the Educational, Scientific, and Cultural equivalent scientific value to the foreign Materials Importation Act of 1966 (Pub­ Materials Importation Act of 1966 (Pub­ article, for such purposes as this article is lic Law 89-651, 80 Stat. 897) and the reg­ lic Law 89-651, 80\Stat. 897) and the intended to be used, which is being man­ ulations issued thereunder as amended ufactured in the United States. regulations issued thereunder as (34 F.R. 15787 et seq.). amended (34 F.R. 15787 et seq.). C harley M. D enton, A copy of the record pertaining to this decision is available for public review A copy of the record pertaining to this Assistant Administrator for In­ dustry Operations, Business during ordinary business hours of the decision is available for public review and Defense Services Admin­ Department of Commerce, at the Scien­ during ordinary business hours of the istration. tific Instrument Evaluation Division, De­ Department of Commerce, at the Sci­ [P.R. Doc. 70-6166; Piled, May 19, 1970; partment of Commerce, Washington, entific Instrument Evaluation Division, 8:45 a.m.] D.C.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7748 NOTICES

Docket No. 70-00359-50-44630. Appli­ to be used, is being manufactured in the the Model EMU-4B electron micro­ cant: U.S. Department of Commerce, United States. scope which was formerly being man­ ESSA, Weather Bureau, Rural Route 1, Reasons: The foreign article is ufactured by the Radio Corp. of Box 105, Sterling, Va. 22170. Article: an accessory to a priorly imported America (RCA), and which is cur­ Pulsed light ceilometer system. Manu­ gas chromatograph-mass spectrometer rently being produced by Forgflo Corp. facturer: Compagnie Des Compteurs, manufactured by the same source that (Forgflo). The Model EMU-4B electron France. supplies the article. microscope can be equipped with a tilt Intended use of article: The article The Department of Commerce knows stage but the guaranteed resolving power will be used for comparison tests* with of no similar accessory which is inter­ of this stage is greater than 5 angstroms. similar instruments made in the United changeable with the foreign article, or (The lower the numerical rating in terms States. can readily be adapted to the gas of angstrom units, the better the resolv­ Comments: No comments have been chromatograph-mass spectrometer with ing power.) We are advised by the De­ received with respect to this application. which the article is intended to be used. partment of Health, Education, and Wel­ Decision: Application approved. No in­ fare (HEW) in its memorandum dated strument or apparatus of equivalent Charley M . D enton, March 31, 1970, that the guaranteed re­ scientific value to the foreign article, for Assistant Administrator for In­ dustry Operations, Business solving power of the tilt stage of the such purposes as this article is intended foreign article is pertinent to the appli­ to be used, is being manufactured in the and Defense Service Adminis­ tration. cant’s research studies. United States. We, therefore, find that the Model Reasons: The foreign article has been [F.R. Doc. 70-6168; Filed, May 19, 1970; EMU-4B electron microscope is not of loaned to the applicant by the French 8:45 a.m.] equivalent scientific value to. the foreign government so that comparison tests can article, for such purposes as this article be made with similar instruments being TEMPLE UNIVERSITY HEALTH is intended to be used. manufactured in the United States. The Department of Commerce knows We are advised by the National Bureau SCIENCES CENTER of no other instrument or apparatus of of Standards (NBS) in its memorandum Notice of Decision on Application for equivalent scientific value to the foreign dated March 16,1970, that no instrument article, for such purposes as this article or apparatus of equivalent scientific Duty-Free Entry of Scientific Article is intended to be used, which is being value to the foreign article, for such The following is a decision on an manufactured in the United States. purposes as this article is intended to be application for duty-free entry of a Charley M. D enton, used is being manufactured in the United scientific article pursuant to section 6(c) States. Assistant Administrator for In­ of the Educational, Scientific, and Cul­ dustry Operations, Business Charley M . D enton, tural Materials Importation Act of 1966 and Defense Services Admin­ Assistant Administrator for In­ (Public Law 89-651, 80 Stat. 897) and istration. dustry Operations, Business the regulations issued thereunder as and Defense Services Admin­ amended (34 F.R. 15787 et seq.). [F.R. Doc. 70-6169; Filed, May 19, 1970; 8:45 a.m.] istration. A copy of the record pertaining to this [F.R. Doc. 70-6170; Filed, May 19, 1970; decision is available for public review 8:45 a.m.] during ordinary business hours of the Department of Commerce, at the Scien­ DEPARTMENT OF HEALTH, tific Instrument Evaluation Division, RESEARCH TRIANGLE INSTITUTE Department of Commerce, Washington, Notice of Decision on Application for D.C. EDUCATION, AND WELFARE Duty-Free Entry of Scientific Article Docket No. 70-00358-33-46040. Appli­ Food and Drug Administration cant: Temple University Health Sciences The following is a decision on an Center, Skin and Cancer Hospital, 3322 CHEMAGRO CORP. application for duty-free entry of a North Broad Street, Philadelphia, Pa. scientific article pursuant to section 6(c) 19140. Article: Electron microscope, Notice of Withdrawal of Petition for of the Educational, Scientific, and Cul­ Model EM 801. Manufacturer: GEC- Food Additives tural Materials Importation Act of 1966 AEI Electronics Ltd., United Kingdom. Pursuant to provisions of the Federal (Public Law 89-651, 80 Stat. 897) and Intended use of article: The article the regulations issued thereunder as Food, Drug and Cosmetic Act (sec. 409 will be used to examine ultrathin sec­ (b), 72 Stat. 1786; 21 U.S.C. 348(b)), the amended (34 F.R. 15787 et seq.). tions and surface replications of biologi­ A copy of the record pertaining to this following notice is issued: cal material. The instrument will service In accordance with § 121.52 With­ decision is available for public review the entire department, several investi­ during ordinary business hours of the drawal of petitions without prejudice of gators, and a large number of research the procedural food additive regulations Department of Commerce, at the Scien­ projects. The research programs involve tific Instrument Evaluation Division, (21 CFR 121.52), Chemagro Corp., Post a study of the role of plasma membrane Office Box 4913, Hawthorn Road, Department of Commerce, Washington, specializations in regulating normal cell D.C. TCfl.rvsfl.s City, Mo, 64120, has withdrawn behavior, as well as abnormal and cancer its petition, notice of which was pub­ Docket No. 70-00372-00-11000. Appli­ cell systems. cant: Research Triangle Institute, Post lished in the F ederal R egister of De­ Office Box 12194, Research Triangle Comments: No comments have been cember 10, 1966 (31 F.R. 15609), propos­ Park, N.C. 27709. Article: Mass marker, received with respect to this application. ing that a food additive regulation be Model LKB 9010. Manufacturer: LKB Decision: Application approved. No established to provide for the safe use Produkter A.B., Sweden. instrument or apparatus of equivalent of 0,0-dimethyl O- [4- (methylthio) - Intended use of article: The article scientific value to the foreign article, for m-tolyl] phosphorothioate in the feed is an accessory for a gas chromatograph- such purposes as this article is intended of beef cattle for the control of cattle mass spectrometer at the applicant insti­ to be used, is being manufactured in the grubs. tution. United States. Dated: May 7, 1970. Comments: No comments have been Reasons: The foreign article is equipped with a tilt stage having a R. E. D uggan, received with respect to this application. Acting Associate Commissioner Decision: Application approved. No guaranteed resolving power of 5 ang­ for Compliance. instrument or apparatus of equivalent stroms. The most closely comparable scientific value to the foreign article, for domestic instrument available at the [F.R. Doc. 70-6174; . Filed, May 19, 1970; such purposes as this article is intended time the application was received was 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7749

[Docket No. FDC-D-177; NDA No. 11-742 interested person who would be adversely etal.] affected by an order withdrawing such DEPARTMENT OF HOUSING AND PENTYLENETETRAZOL-CONTAINING Approval, an opportunity for a hearing to show why approval of any new-drug ap­ URBAN DEVELOPMENT DRUGS plication listed herein should not be withdrawn. Promulgation of the proposed ASSISTANT SECRETARY AND DEP­ Drugs for Human Use; Drug Efficacy UTY ASSISTANT SECRETARY FOR Study Implementation; Notice of order will cause any drug for human use containing the same active substances to MODEL CITIES Opportunity for Hearing be a new drug for which an approved Delegation of Authority In an announcement (DESI 10508) new-drug application is not in effect. Any published in the F ederal R egister of Au­ such drug then on the market would be S ection A. Authority delegated with gust 26, 1969 (34 F.R. 13673), Philips subject to regulatory proceedings. respect to model cities program. The As­ Roxane Laboratories, Division of Philips Within 30 days after publication hereof sistant Secretary for Model Cities and the Roxane, Inc., 330 Oak Street, Columbus, in the F ederal R eg ister, such persons are Deputy Assistant Secretary for Model Ohio 43216, and Nysco Laboratories, Inc., required to file with the Hearing Clerk, Cities each is authorized to exercise the 34-24 Vernon Boulevard, Long ¿land Department of Health, Education, and power and authority of the Secretary of City, N.Y. 11106, the holders of the newr Welfare, Office of the General Counsel, Housing and Urban Development with drug applications for Geroniazol Injec­ Room 6-62, 5600 Fishers Lane, Rockville, respect to the model cities program under tion (NDA 11-742) containing per milli­ Md. 20852, a written appearance electing title I of the Demonstration Cities and liter 100 milligrams pentylenetetrazol and whether: Metropolitan Development Act of 1966, as 50 milligrams of nicotinic acid, as sodium 1. To avail themselves of the opportu­ amended (42 U.S.C. 3301-3313), except nicotinate; and Nicozol with Reserpine nity for a hearing; or that the authority to make reservations tablets (NDA 10-508) containing 100 mil­ 2. Not to avail themselves of the oppor­ or allocations of grant funds in connec­ ligrams of pentylenetetrazol, 50 milli­ tunity for a hearing. tion with initial contracts and the au­ grams of nicotinic acid, and 0.25 milli­ If such persons elect not to avail them­ thority to authorize initial contracts and gram of reserpine per tablet, respectively, selves of the opportunity for a hearing, commitments for Federal grant assist­ as well as any other interested person, the Commissioner without further notice ance are subject to the approval of the were .invited to submit pertinent data will enter a final order withdrawing ap­ Secretary of Housing and Urban Devel­ bearing on the announced intention to proval of the new-drug applications. opment, and except the authority: initiate proceedings to withdraw ap­ Failure of such persons to file such a 1. To make contracts for urban re­ proval of the new-drug applications. written appearance - of election within newal projects under section 103(b) of On December 18, 1969, Philips Roxane said 30 days will be construed as an the Housing Act of 1949, as amended (42 submitted material for consideration. election by such persons not to avail U.S.C. 1453), pursuant to section 113 of The material was reviewed and consid­ themselves of the opportunity for a the Demonstration Cities and Metropoli­ ered together with other available infor­ hearing. tan Development Act of 1966. mation, does not provide substantial evi­ The hearing contemplated by this 2. Under section 107 with respect to re­ dence of effectiveness of the drug for notice will be open to the public except location requirements and payments: the recommended uses in man. that any portion concerning a method Provided, however, That the Assistant Therefore, notice is hereby given to or process the Commissioner finds en­ Secretary and the Deputy Assistant Sec­ Philips Roxane Laboratories, Division of titled to protection as a trade secret will retary each is authorized to make sup­ Philips Roxane, Inc., and Nysco Labora­ not be open to the public, unless the re­ plemental grants for relocation payments tories, Inc., and to any other interested spondent specifies otherwise in his under section 107(b) (1). person who may be adversely affected by appearance. 3. To issue rules and regulations. such action, including Hart Laboratories, If such persons elect. to avail them­ S ec. B. Authority to issue rules and Station Square One, Paoli, Pa. 19301, selves of the opportunity for a hearing, regulations. The assistant Secretary for holder of NDA 11-347 (Nicozol with Re­ they must file a written appearance re­ Model Cities and the Deputy Assistant serpine Tablets), originally applied for questing the hearing, "giving the reasons Secretary for Model Cities each is by Drug Specialties, Inc., Winston-Salem, why the approval of the new-drug appli­ authorized to issue such rules and regu­ N.C., that the Commissioner of Food and cation should not be withdrawn together lations as may be necessary to carry Drugs proposes to issue an order under with a well-organized and full-factual out the power and authority delegated section 505(e) of the Federal Food, Drug, analysis of the clinical and other investi­ herein. and Cosmetic Act (21 U.S.C. 355(e)) gational data they are prepared to prove S ec. C. Authority to redelegate. The withdrawing approval of the listed new- in support of their opposition. The re­ Assistant Secretary for Model Cities is drug applications and all amendments quest must set forth specific facts show­ authorized to: ' and supplements thereto on the grounds ing there is a genuine and substantial 1. Redelegate to subordinate employees that there is a lack of substantial evi­ issue of fact that requires a hearing. If any of the authority delegated under sec­ dence that these drugs have the effect the hearing is requested and justified by tion A, except the authority to: they purport or are represented to have the response to this notice, the issues will a. Make reservations or allocations of under the conditions of use prescribed, be defined, a hearing examiner will be grant funds; recommended, or suggested in their appointed, and he shall issue a written b. Authorize contracts and commit­ labeling. notice of the time and place at which ments for Federal grant assistance and In addition to the new-drug applica­ the hearing will commence. amendatory contracts which provide for tions listed above, a number of other This notice is issued pursuant to pro­ an increase in the total Federal grant applications provide for preparations visions of the Federal Food, Drug, and amount set forth in a contract: Provided, containing pentylenetetrazol for sys­ Cosmetic Act (sec. 505, 52 Stat. 1052-53, however, That the authority to authorize temic use in humans. Their holders have as amended; 21 UJS.C. 355) and under waivers of contract provisions may be voluntarily requested withdrawal of ap­ authority delegated to the Commissioner redelegated; proval of those applications, thereby (21 CFR 2.120). c. Suspend or terminate Federal grant assistance; and authorize further redele­ waiving opportunity for hearing; there­ Dated: May 12, 1970. fore, they are not listed in this notice. gation thereof to subordinate employees. In accordance with the provisions of S am D. F in e , 2. Redelegate to Regional Administra­ section 505 of the act (21 U.S.C. 355) Acting Associate Commissioner tors and Deputy Regional Administrators and the regulations promulgated there­ for Compliance. the authority delegated under section A. under (21 CFR Part 130), the Commis­ [F.R. Doc. 70-6175; Filed, May 19, 1970; 3. Authorize Regional Administrators sioner will give the applicant, and any 8:45 a.m.] and Deputy Regional Administrators to

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7750 NOTICES

make successive redelegations to subordi­ it will be available for inspection by ance of the license could file, a petition nate employees of the authority under members of the public: The Commis­ for leave to intervene in accordance with section A and redelegated under section sion’s Public Document Room, 1717 H the requirements of 10 CFR Part 2, C, 2, except the authority to: Street NW., Washington, D.C.; and the “Rules of Practice”. On April 8,1970, Mr. a. Make reservations or allocations of Office of the Chairman of the Board of Ron McCandlis and Dr. Joseph T. Sobota grant funds; Supervisors, Beaver County Courthouse, filed a timely petition for leave to inter­ b. Authorize contracts and -»commit­ Beaver, Pa. Single copies of the state­ vene in the proceeding on behalf of ments for Federal grant assistance and ment may be obtained by writing to the Michigan Steelhead and Salmon Fisher­ amendatory contracts which provide for Director, Division of Reactor Licensing, men’s Association, Thermal Ecology an increase in the total Federal grant U.S. Atomic Energy Commission, Wash­ Must Be Preserved (T.E.M.P.), Con­ amount set forth in a contract: Provided, ington, D.C.20545. cerned Petitioning Citizens, The Ameri­ That the authority to authorize however, Dated at Bethesda, Md., this 13th day can Fishing Tackle Manufacturers, The waivers of contract provisions may be of May 1970. Sport Fishing Institute, and The Mich­ redelegated; igan Lakes and Streams Association c. Suspend or terminate Federal grant For the Atomic Energy Commission. (petitioners), and requested a public assistance. P eter A. M o rris, hearing. S ec. D. Authority to designate Acting Director, On April 14, 1970, the applicant filed Assistant Secretary for Model Cities and Division of Reactor Licensing. an answer to the petition for leave to acting subordinate officials. Hie Assist­ intervene, stating that it did not object ant Secretary for Model Cities is author­ [F.R. Doc. 70-6215’; Filed, May 19, 1970; to the granting of intervention to the ized, with respect to employees or posi- 8:49 a.m.] petitioners or to their request for a . tions under his jurisdiction, to: public, hearing: Provided, The petition­ 1. Designate one or more employees [Docket No. 50-255] ers corrected certain specified deficien­ to serve as Acting Assistant Secretary for cies in their petition for leave to inter­ Model Cities during the absence of the CONSUMERS POWER CO. vene and provided further that petition­ Assistant Secretary for Model Cities. Notice of Hearing on Provisional ers’ participation was limited to those 2. Designate one or moré employees matters subject to the substantive regu­ to serve in an acting capacity during the Operating License latory jurisdiction of the Commission absence of an appointee to a position or In the matter of Consumers Power Co. and to matters within the issues set forth during a vacancy in a position. (Palisades Plant); Docket No. 50-255. in any notice of hearing which may be 3. Authorize the head of an organiza­ Pursuant to the Atomic Energy Act issued by the Commission in response to tional unit to designate one or more of 1954, as amended (the A ct), and the the petition for leave to intervene. The subordinate employees to serve as act­ regulations in Title 10, Code of Federal AEC regulatory staff filed an answer to ing head of the unit during the absence Regulations, Part 50, “Licensing of Pro­ -the petition for leave to intervene on of the head of the unit. duction and Utilization Facilities”, and April 15,1970, and took the position that S ec. E . Supersedure and Revocation. Part 2, “Rules of Practice”, notice is it had no objections to permitting the This document supersedes the delegation hereby given that a hearing will be held petitioners to intervene. of authority published at 32 F.R. 17496, at 10 a.m., local time, on June 23, 1970, In view of the foregoing, the Com­ Dec. 6,1967, as amended at 33 F.R. 11685, in Room 200, Kalamazoo City Hall, 241 mission has determined that a public Aug. 16,1968; and revokes the delegation West South Street, Kalamazoo, Mich., hearing should be held and that the peti­ of authority published at 33 F.R. 12202, to consider the application filed under tioners may be admitted to intervene as Aug. 29, 1968; which supersedure and section 104(b) of the Act by the Con­ parties in this proceeding, subject to revocation are effective as of publica­ sumers Power Co. (applicant) for a the proviso that the petitioners furnish tion of this document in the F ederal provisional operating license which to the atomic safety and licensing board R eg ister. would authorize the operation of a pres­ evidence of the representational author­ (Sec. 7(d ), Department of HUD Act, 42 surized water nuelear power reactor ity of Mr. McCandlis and Dr. Sobota and U.S.C. 3535(d)) (facility) at steady-state power levels* file a written statement with the atomic safety and licensing board setting forth Effective date. This delegation of au­ up to a maximum of 2,200 megawatts thermal at the applicant’s Palisades how the interests of each of the peti­ thority is effective as of March 13, 1970. Plant in Covert Township, Van Buren tioners may be affected by the proposed G eorge R om ney-, County, Mich., approximately 4Vfe miles licensing action. Secretary of Housing and south of South Haven, Mich. A prehearing, conference will be held Urban Development. at the same location on June 2, 1970, at The hearing will be conducted by an 2 p.m., local time, to consider pertinent [ F.R. Doc. 70-6199; Filed. May 19, 1970; atomic safety and licensing board desig­ matters in accordance with 10 CFR 2.752, 8:48 a.m.] nated by the Atomic Energy Commission and section II of Appendix A of 10 CFR (Commission), consisting of Mr. Warren Part 2. E. Nyer, Idaho Falls, Idaho; Dr. Clarke The issues to be considered at the Williams, Upton, Long Island, N.Y.; and hearing will be the following: ATOMIC ENERGY COMMISSION Samuel W. Jensch, Esq., Washington, 1. Whether the applicant has sub­ , [Docket No. 50-334] D.C., Chairman. Dr. David B. Hall, Los mitted to the Commission all technical Alamos, N. Mex., has been designated as DUQUESNE LIGHT CO. ET AL. information required by Provisional Con­ a technically qualified alternate, and struction Permit No. CPPR-25, the Act, Notice of Availability of Statement on James P. Gleason, Esq., Rockville, Md., and the rules and regulations of the Environmental Considerations has been designated as an alternate Commission to complete the application qualified in the conduct of administra­ for the provisional operating license; Duquesne Light Co., Pennsylvania tive proceedings. 2. Whether construction of the facility Power Co., and Ohio Edison Co. Construction of the reactor was au­ has proceeded, and there is reasonable Pursuant to the National Environ­ thorized by Provisional Construction assurance that it will be completed, in mental Policy Act of 1969 and to the Permit No. CPPR-25 issued by the Com­ conformity with Provisional Construc­ Atomic Energy Commission’s regulations mission on March 14, 1967, following tion Permit No. CPPRr-25, the applica­ in 10 CFR Part 50, notice is hereby given a public hearing. tion, as amended, the provisions of the that a document entitled “Statement on A notice of proposed issuance of a pro­ Act and the rules and regulations of the Environmental Considerations Involved visional operating license for the facility Commission; in the Construction and Proposed Opera­ was issued by the Commission on 3. Whether there is reasonable assur­ tion by Duquesne Light Co., Pennsylvania March 10,1970 (35 F.R. 4310). The notice ance (i) that the activities authorized Power Co., and Ohio Edison Co. of the provided that within 30 days from the by the provisional operating license can Beaver Valley Power Station” is being date of publication, qny person whose be conducted without endangering the placed tn the following locations where interest might be affected by the issu­ health and safety of the public, and

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7751

(ii) that such activities will be conducted CFR Part 50, and the Safety Evaluation, in compliance with the rules and regula­ as amended, by the Commission’s regula­ FEDERAL COMMUNICATIONS tions of the Commission; tory staff will be placed in the Commis­ 4. Whether the applicant is technically sion’s Public Document Room, 1717 H COMMISSION Street NW., Washington, D.C., where and financially qualified to engage in [Dockets Nos. 17916, 17917; FCC 70R-180] the activities authorized by the provi­ they will be available for inspection by sional operating license in accordance members of the public. Copies of this GLENN WEST AND SOUNDVISION with the rules and regulations of the notice of hearing as well as copies of the BROADCASTING, INC. Commission; ~ documents referred to above will also be 5. Whether the applicant has satisfied available for inspection by members of Memorandum Opinion and Order the applicable provisions of 10 CFR Part the public in Suite 201, Kalamazoo City Enlarging Issues 140, “Financial Protection Requirements Hall, 241 West South Street, Kalamazoo, and Indemnity Agreements”, of the Com­ Mich., on Mondays to Fridays between In re applications of Glenn West, mission’s regulations; the hours of 8 a.m. and 5 p.m. Copies of Portland, Ind., Docket No. 17916, File No. 6. Whether there is reasonable assur­ the proposed provisional operating li­ BPH-5820; Soundvision Broadcasting, ance that the facility will be ready for cense, the ACRS report, the statement on Inc., Portland, Ind., Docket No. 17917, initial loading with nuclear fuel within environmental considerations and the File No. BPH-5899; for construction 90 days from the date of issuance of the regulatory staff’s Safety Evaluation, as permits. provisional operating license; and amended, may be obtained by request to 1. This proceeding involves the mu­ 7. Whether issuance of the provisional the Director of the Division of Reactor tually exclusive applications of Glenn operating license under the terms and Licensing, U.S. Atomic Energy Commis­ West (West) and Soundvision Broad­ conditions proposed will be inimical to sion, Washington, D.C. 20545. casting,Tnc. (Soundvision), each seeking the common defense and security or to With respect to this proceeding, the authority to construct a new FM broad­ the health and safety of the public. Commission has delegated to the Atomic cast station at Portland, Ind.1 The pro­ While the matter of the full power li­ Safety and Licensing Appeal Board the ceeding was designated for hearing by cense is pending before the atomic safety authority and the review function which Commission Order, FCC 67-1328, released and licensing board, the board may, upon would otherwise be exercised and per­ December 28, 1967, on a standard com­ motion in writing and upon good cause formed by the Commission. The Commis­ parative issue. The Review Board sub­ shown, consider and act upon such re­ sion has established the Appeal Board sequently enlarged the scope of the quest as the applicant may make for a pursuant to 10 CFR 2.785 of the Com­ proceeding by adding financial qualifica­ provisional operating license authorizing mission’s rules of practice and has made tions issues with respect to West. (12 fuel loading and low power testing. Any the delegation pursuant to subparagraph FCC 2d 674, 13 RR 2d 2 (1968).) In an such action by the atomic safety and (a) (1) of this section. The Appeal Board Initial Decision, FCC 69D-54, released licensing board shall be taken with due is composed of the Chairman and Vice October 24, 1969, the Hearing Examiner regard to the rights of all parties to the Chairman of the Atomic Safety and Li­ proposed to grant the West application proceeding, including the right of any censing Board Panel and a third member and to deny the competing Soundvision party to be heard to the extent that his who is technically qualified and desig­ application. Presently before the Review contentions are relevant to the activity nated by the Commission. The Commis­ Board is a petition to enlarge issues, filed to be authorized. Prior to taking any sion has designated Dr. Lawrence R. December 19, 1969, by West, which re­ such action, the atomic safety and licens­ Quarles, Charlottesville, Va., as this third quests the addition to this proceeding of ing board shall, with respect to any member. a misrepresentation2 issue against Soundvision based upon assertions contested activity to be authorized, make Dated at Germantown, Md., this 18th appropriate findings in the form of an made by Soundvision in its exceptions to initial decision on the issues specified in day of May 1970. the Initial Decision and brief in support this notice of hearing. United S tates Atomic E nergy thereof, filed with the Review Board on Answers to this notice, pursuant to the Commission, November 24, 1969.3 provisions of 10 CFR 2.705 of the Com­ F. T . Hobbs, 2. In his petition,1 West requests that mission’s rules of practice, must be re­ Assistant Secretary. the issues be enlarged in this proceeding to include the following inquiry: ceived from the applicant and from the [F.R. Doc. 70-6323; Filed, May 19, 1970; intervenors by May 28,1970. 10:03 a.m.j To determine whether Soundvision Broad­ Papers required to be filed in this pro­ casting, Inc., is guilty of a lack of candor ceeding may be filed by mail or telegram addressed to the Secretary, U.S. Atomic 1 The mutually exclusive application of Energy Commission, Washington, D.C. CIVIL SERVICE COMMISSION The Graphic Printing Co., Inc., was dis­ 20545, Attention; Chief, Public Proceed­ missed with prejudice by the Bo-ard upon the ings Branch, or may be filed by delivery DEPARTMENT OF THE INTERIOR joint request of Graphic and Soundvision. to the Commission’s Public Document Notice of Revocation of Authority To See 12 FCC 2d 677, 13 RR 2d 28 (1968); 12 Room, 1717 H Street NW., Washington, FCC 2d 894 (1968). D.C. Make Noncareer Executive Assign­ aIn the introductory paragraph of its peti­ ment tion, West requests that a misrepresentation Pending further order of the atomic issue be added to the proceeding; however, safety and licensing board, parties are Under authority of § 9.20rof Civil Serv­ the specific issue, as framed by the petitioner required to file, pursuant to the provi­ ice Rule IX (5 CFR 9.20), the Civil and as noted, infra, is oast in terms of Sound- sions of 10 CFR 2.708 of the Commis­ Service Commission revokes the author­ vision’s alleged lack of candor. sion’s rules of practice, an original and 8 Also before the Board are the following ity of the Department of the Interior to related pleadings: (a) Opposition, filed 20 copies of each such paper with the fill by noncareer executive assignment in Jan. 2, 1970, by Soundvision; (b) comments, Commission. the excepted service the position of As­ filed Jan. 2, 1970, by the Broadcast Bureau; As they become available, the applica­ sistant to the Secretary (Federal-State and (c) reply, filed Jan. 14, 1970, by West. tion, the proposed provisional operating Relations). 4 Although the instant petition was filed license, the applicant’s summary of the after the hearing record was closed and an application, the report of the Commis­ United S tates Civil S erv­ Initial Decision was issued, West has not sion’s Advisory Committee on Reactor ice Commission, requested a simultaneous reopening of the Safeguards (ACRS), the statement on [seal] J ames C. S pry, record and remand to the Examiner for Executive Assistant to further hearing. Since such relief is a pre­ environmental considerations under the requisite to enlargement of issues, the Board National Environmental Policy Act of the Commissioners. will assume that such relief is implicitly re­ 1969 (Public Law 91-190) and Appendix [F*R. Doc. 70-6229; Filed, May 19, 1970; quested* and will consider the West petition D to the Commission’s regulations in 10 8:50 a.m.] accordingly.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 No. 98------5 7752 NOTICES concerning the carriage of locally originated in relying on record testimony which it that the video originations from the Jay programs on the Portland CATV system, and knows to be untrue. The petitioner argues County Fair and the audio-only sports in light of the evidence thus adduced whether the applicant possesses the requi­ that the apparent change in the opera­ broadcasters of the CATV system are site qualifications to become a Commission tion of the CATV system is critical with fully consistent with his testimony at the licensee. respect to the diversification criterion hearing to the effect that, while he had of the comparative issue herein, and as­ no plans to originate programing other Preliminarily, West notes that Omer K. serts that the system, through locally than time, temperature, weather and Wright, the President and a 25 percent sponsored originations, is now in com­ emergency warning announcements, he stockholder of Soundvision, is also a 25 petition with West’s AM station in Port­ would consider program originations if percent stockholder of a CATV system land for local audience and advertising. such would serve the public interest and operating in Portland, Ind.B The peti­ Since the Board, in its consideration of would be economically f easible. In regard tioner points out that the Examiner, in these proposals, will have to weigh to the Fair originations, Wright points his initial decision, after noting Wright’s Soundvision’s interest in the CATV sys­ out that it is probably the largest social interest in the CATV system, found that tem against West’s ownership of the only event in Portland; that the only radio the system had no plans for program radio station in Portland (WPGW) and station in Portland produces no live origination with the exception of time, since Soundvision was precluded from remote broadcasts from the Fair; and weather, temperature and emergency relying on testimony concerning the sys- - that, for these reasons and at the warning announcements; that, in its ex­ tern’s origination plans which was no request of Fair, officials, he provided ceptions and supporting brief, Sound- longer accurate, the petitioner Concludes about 6 hours of taped programing vision took issue with' the Examiner’s that a lack of candor issue is warranted.® from the Fair during the week of conclusions based on Wright’s CATV in­ 3. In support of West’s petition, the August 3, 1969, with origination equip­ terest; and that Soundvision therein Broadcast Bureau notes that Wright’s ment borrowed from and returned to reiterated and reaffirmed record testi­ ownership interests in both the applicant his brother who is part-owner of a mony to the effect that,the CATV system corporation and the local CATV system CATV system at Marshall-Albion, Mich. will not originate programing. In spite could have decisional significance in this Mr. Wright also states that no advertis­ of these representations by Soundvision comparative proceeding (citing Lorain ing was used with the Fair originations, and Wright, however, the petitioner con­ Community Broadcasting Co., 13 FCC 2d which were produced as a public service. tends that the CATV system has been 106,13 RR 2d 382, reconsideration denied In regard to the sports originations, and is presently carrying locally origi­ 14 FC 2d 604, 14 RR 2d 155), and that Wright explains that a former mayor of nated programing beyond the scope indi­ this is particularly so if the CATV system Portland and former broadcaster of cated in Soundvision’s record testimony were to engage in program origination. Portland' High School sports events, F. and that Soundvision has failed to dis­ The Bureau submits that the factual al­ M. Montgomery, requested that the close such action to the Commission in legations contained in West’s petition CATV system be used to cover regularly this proceeding. In support of this con­ warrant an inquiry as to whether Sound- scheduled Portland High School games tention, West submits a newspaper clip­ vision, in stating in its brief in support and that, in response to this request and ping (undated) and affidavits of Keith of exceptions that the CATV system will others, the CATV system, which owned Rutledge, Jr., and Pat Reinhard, a local not be originating programs, has been no video origination equipment except Portland sports announcer and sports guilty of a misrepresentation of material a time and weather scanner at the sys­ scorekeeper, respectively. The newspaper facts to the Commission; that Sound- tem’s head-end, provided an audio-only clipping appears to be an advertisement vision’s continued reliance on an out-of- coverage of almost all Portland High on behalf of the CATV system and an­ date record which served to preserve its School football and basketball games. nounces the initiation of live coverage of comparative position warrants an in­ This audio-only coverage, Wright asserts, Portland High School’s football games quiry into the applicant’s candor; and, was not contemplated by his testimony on “Channel 12 on Cable TV (Sound finally, that Soundvision’s failure to re­ concerning “cablecasting”, and, there­ Only)”. R u t l e d g e , in his affidavit, fore, he concludes that since the system enumerates nine specific Portland High port to the Commission the extent of the CATV system’s program originations has no origination plans beyond those football and basketball games during about which he testified during the hear­ October, November, and December of warrants an inquiry into the applicant’s compliance with the requirements of ing, he has not been guilty of misrep­ 1969, which, he states, he has witnessed resentation as alleged: Soundvision also being fed over the CATV system in Port­ § 1.65 of the Commission’s rules. Al­ though the Bureau points out that the submits the affidavit of Montgomery who land; he also lists seven commercial system was apparently originating pro­ affirms Wright’s statement concerning sponsors, all of Portland, who were heard grams prior to the release of the initial his (Montgomery’s) role in suggesting on these broadcasts. Rutledge further decision and that West has not explained coverage of local sporting events by the states that he “witnessed horse racing why he did not immediately petition for CATV system. Ultimately, Soundvision with results, beauty queen contests and argues that the question here is not one other advertising by the same CATV sys­ reopening of the record herein, the Bu­ reau concludes that the seriousness of of misrepresentation, but one of the tem on a TV monitor set at the Jay amount of program origination by the County fairgrounds in Portland, Ind., the questions raised warrants enlarge­ ment of the issues. Therefore, the Bu­ system; that the amount of such origina­ each afternoon, Monday through Friday, tion is intended to fill in program and from 3 to 5 p.m. during the week of reau suggests that the record in this proceeding be reopened for the adduction service gaps of Portland’s local radio August 3, 1969, while on other activities of evidence concerning the nature and station and is, therefore, in the public there”. Reinhardt in his affidavit, interest; and that since West’s petition enumerates three specific Portland High extent of the CATV system’s program origination under misrepresentation, is without merit, the mandate of The basketball games during November and Edgefield-Saluda Radio Co. precedent7 December 1969, which, he states, he has candor and Rule 1.65 issues and under the diversification criterion of the com­ cannot be invoked here and the petition witnessed being fed over the CATV sys­ should be dismissed for its untimely tem, and identifies the same commercial parative issue. sponsors as indicated in Rutledge’s state­ 4. In opposition to West’s request, filing. Soundvision submits the affidavit of 5. In reply, West contends that the ment. West contends that the newspaper underlying theme in Soundvision’s op­ clipping and the affidavits belie Sound- Wright, the applicant’s President and 25 vision’s assertions in the hearing record percent stockholder. Mr. Wright states position—that the type of activity under and in its brief in support of exceptions discussion is in the public interest since 6 In regard to the timeliness of its filing,there is a “need” for the service in that the CATV system planned no such the petitioner urges that the disqualifying Portland—misses the point entirely. program originations and indicate that nature of the issues raised and the likelihood Soundvision has been lacking in candor of proving the allegations made outweigh Whether such service is needed or is in procedural requirements and compel the the public interest, West urges, is irrele­ 5 According to Wright’s affidavit (attachedBoard to consider on the merits even an un­ vant to the question of the applicant’s to the Soundvision opposition), the name of timely filed petition. In this regard, we note candor. While West states that it has the CATV system was changed in Dec. 1969, that the instant request was filed sqme 25 not claimed that the hearing testimony from Soundvision, Inc., to Triad CATV of days after the filing of Soundvision’s excep­ Indiana, Inc. tions and supporting brief. 7 5 FCC 2d 148, 8 RR 2d 611 (1966).

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7753 did not contemplate such origination by strong diversification preference under Broadcasting Co., supra.12 For all of the the CATV system, it does claim that the comparative issue9 support the foregoing reasons, therefore, we believe Soundvision was under a duty to notify petitioner’s request. These allegations as­ that a substantial question is presented the Commission of the fact that origina­ sume added significance when considered concerning Soundvision’s conduct and tions beyond the scope of “time, tem­ in light of the facts that: (1) The CATV whether the applicant has engaged in perature, weather and emergency warn­ system may now be in competition with misrepresentation or behavior lacking in ing system” were being produced by the West’s AM station for local advertising candor in its dealings with the Commis­ system. Furthermore,' the ‘petitioner and for local audience; (2) Wright’s sion. As the Broadcast Bureau suggests, maintains that Soundvision was guilty ownership interest in both the applicant Soundvision’s failure to report to the of misrepresentation when it continued corporation and the local CATV system, Commission the apparent extent of the to rely on hearing testimony without any especially if it were to engage in local CATV system’s current program origina­ indication that circumstances had program origination, could have deci­ tions also warrants an inquiry into the changed. West points out that Sound- sional significance in this comparative applicant’s compliance with the require­ vision has offered no authority for the proceeding; and (3) Soundvision’s af­ ments of § 1.65 of the rules, and the proposition that local origination con­ firmative reliance on an allegedly out- Board will specify an appropriate issue. templates only video transmissions and of-date record served to preserve its 8. Accordingly, it is ordered, That the that, even assuming there is merit to comparative position. petition to enlarge issues, filed Decem­ the argument, Soundvision has offered 7. Other considerations relevant to ourber 19, 1969, by Glenn West, is granted; no explanation for its failure to report conclusion to reopen the record in tins and the Jay County Fair originations to the proceeding for further hearing on the 9. It is further ordered, That the rec­ Commission. West also notes that the issues suggested by the petitioner (and ord in this proceeding is reopened and applicant has not denied that commer­ as amplified by the Broadcast Bureau) this proceeding is remanded to the Hear­ cial time was sold on the system, a cir­ should also be mentioned. First, in view ing Examiner for further hearing and for cumstance that is clearly relevant to the of the Hearing Examiner’s explicit re­ the preparation of a supplemental initial diversification factor of the comparative liance on Wright’s testimony at the hear­ decision consistent with this memoran­ issue herein. Finally, West dismisses the ing regarding the CATV system’s pro­ dum opinion and order; and procedural attacks on its request by gram origination plans,10 Soundvision 10. It is further ordered, That the is­ pointing out that its petition was filed was effectively put on notice that the sues in this proceeding are enlarged by only 25 days after its discovery of new scope of the system’s local program the addition of the following issues:13 facts and by asserting that the serious­ origination was a material factor in the (a) To determine the nature and scope ness of the allegations made here out­ ultimate resolution of this comparative of local "'programing origination by the weighs any tardiness on its part. proceeding. Second, Soundvision not only Portland, Ind., CATV system (Triad 6. If,' as petitioner contends, Sound-d;d not disclose to the Commission rele­ CATV of Indiana, Inc.), past, present, vision has relied in its exceptions to the vant changes in the scope of the system’s and planned; ' initial decision and supporting brief upon operations, but, more S’gnificantly, it testimony at the hearing regarding the affirmatively relied in its supporting brief (b) To determine, in light of the evi­ scope of the CATV system's program upon a hearing record wlvch it knew was dence adduced under Issue (a) above and origination that is no longer accurate, out-of-date. Third, Soundvision has not the representations made in this pro­ then failure to inform the Commission of cited, nor has the Board discovered, au­ ceeding concerning the nature and scope this development, in view of Soundvi- thority for the proposition that local of the Portland CATV system’s program sion’s appeal of the Examiner's initial program origination by a CATV system origination, whether Soundvision Broad­ decision, could reflect adversely on the does not contemplate aural-only trans­ casting, Inc., has engaged in misrepre­ applicant’s qualifications to be a Com- missions. It is clear to the Board that a sentation or conduct lacking in candor mission licensee. In the Board’s view, the CATV system, in originating local pro­ in its dealings with the Commission and, factual allegations relied upon by the if so, the effect thereof on the basic grams, whether aural-only or aural and and/or comparative qualifications of petitioner are sufficient to raise a sub­ video, may effectively compete with stantial question in this regard, and al­ Soundvision Broadcasting, Inc., to be a though West has not explained its failure broadcast stations for listening audience Commission licensee; to apprise the Commission of the sys­ and advertising support; that this possi­ (c) To determine whether Sound- tem’s program originations at an earlier bility of competition may reflect a sub­ vision Broadcasting, Inc., h as. failed to date, the seriousness of the charges and stantial change of decisional significance report substantial changes in matters the likelihood of proving the allegations in the scope of the CATV system’s opera­ involving its application as specifically referred to in this memorandum opinion made are so substantial as to outweigh tions. between the time of Wright’s the public interest benefits inherent in an and order as required by § 1.65 of the expeditious disposition of Commission original testimony herein and the Commission’s rules and, if so, the effect business. See West Central Ohio Broad­ present;11 and that this apparent change of such noncompliance on the basic casters, Inc., 4 FCC 2d 934, 8 RR 2d 623 in the scope of the system’s operations is and/or comparative qualifications of (1966); The Edgefleld-Saluda Radio one that should be considered under the Soundvision Broadcasting, Inc., to be a Company, supra. Thus, the allegations diversification criterion of the com­ that: (1) Wright testified at the hearing Commission licensee; and parative Issuer-Bee Lorain Community that, with limited exceptions, the CATV 11. It is further ordered, That the system d’d not plan to originate its own burden of proceeding with the introduc­ programing; (2) the system has origi­ 9 See paragraph 39 of Soundvision’s Brief tion of evidence under the issues added nated both video and audio-only pro­ in Support of Exceptions to Initial Decision, filed Nov. 24, 1969. In paragraph 38, Sound- herein will be on Glenn West, and the graming beyond the scope of the excep­ burden of proof will be on Soundvision tions noted by Wright and has apparently vision, in discussing the comparison to be made between the CATV and West’s local Broadcasting, Inc. sold commercial spots during such orig­ AM station, refers to the fact that “there is ination; 8 and (3) Soundvision claims a unrebutted testimony that there will be no local origination on this CATV system”. 12 Our Lorain holding indicates that the 8 In his affidavit, Wright castigates Gl< .10 See paragraph 23 of initial decision’s significance of the ownership of a CATV West for allegedly not having mentioned t findings of fact and paragraph 4 of initial system under the diversification criterion is Portland CATV system is not doing “i decision’s conclusions. even greater where the CATV system is ac­ VIDEO cablecasting at the present time”, 11 By its first report and order in Docket No.tually originating a local program service. noted at paragraph 2, supra, the newspa 18397, 20 FCC 2d 201, 17 RR 2d 1570, released 13 The Hearing Examiner, if he resolves the clipping attached to the instant request d Oct. 27, 1969, concerning CATV program orig­ qualifications issues being added herein in ndicate the system’s coverage of Portli ination, the Commission recognized the ca­ favor of Soundvision, will want to consider High football games by “sound only”, pacity of a CATV system to operate as a local the effect of the evidence adduced under should also be noted that Wright has outlet through “cablecasting”—the distribu­ Issue (a) concerning the nature and scope of disputed West’s assertions concerning tion of programing originating by the sys­ the CATV system’s program origination un­ commercial sponsorship of the ---- " tem or by another entity, exclusive of der the diversification criterion of the com­ nigh sporting events. broadcast signals carried on the system. parative issue.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7754 NOTICES

Adopted: May 13, 1970. rules.2 More particularly, Forum alleges to W PIX’s vice president—operations, Released: May 14, 1970. that in 1963 and 1964, no announcements Leavitt J. Pope, whose affidavit is at­ regarding sponsorship were made and tached to W PIX’s opposition, a “check F ederal Communications that from 1965 until discontinuance of exchange arrangement”, such as the one C o m m issio n ,1* the programs in 1967, WPIX announced described in Forum’s petition, did, in [ seal] B e n F . W aple, only that the appearances were “ar­ fact, exist. Under this “arrangement”, Secretary. ranged through” the , various record recording companies paid the perform­ [F.R. Doc. 70-6212; Filed, May 19, 1970; or publishing companies. With respect ance fees of the entertainers under con­ 8:49 a.m.] to the latter broadcasts, Forum con­ tract to them who appeared on the shows tends that the Act and rules require in return for a suitable credit at the end no less than an announcement that the of the show; W PIX in turn paid the [Dockets Nos. 18711, 18712; FCC 70R-175] appearances were “paid for or furnished” entertainers. Pope asserts that, contrary WPIX, INC., AND FORUM by the companies. Forum argues, there­ to Forum’s allegation, he (Pope) re­ COMMUNICATIONS, INC. fore, that the public was not adequately quired appropriate sponsorship an­ informed by WPIX of the payments in­ nouncements to be made when the check Memorandum Opinion and Order volved; and further submits that the exchange practice was begun in 1964 and Enlarging Issues House Committee on Interstate and that he was repeatedly assured by sta­ In regard applications of WPIX, Inc. Foreign Commerce, in considering the tion employees that these instructions (W PIX), New York, N.Y., Docket No. 1960 amendments to section 317, ex­ were being followed. Pope further states 18711, File No. BRCT-98, for renewal of pressly found that announcements using that the later announcements which broadcast license; Forum Communica­ the words “arranged through” consti­ were made disclosed that appearances of tions, Inc., New York, N.Y., Docket No. tuted “one of the most flagrant abuses of certain acts on the show were “arranged 18712, File No. BPCT-4249, for construc­ the law” (citing H.R. Rep. No. 1800, through” particular record companies, tion permit for new television broadcast 86th Cong., first session (I960)). Al­ “or words to that effect”, and that such station. though some of the alleged violations announcements conform both with “gen­ occurred prior to WPIX’s most recent eral industry practice” and with the 1. This proceeding involves the appli­ renewal term, Forum asserts that the Commission’s rules. WPIX also disputes cation of WPIX, Inc. (WPIX), for re­ “continuing pattern” bf violations, which Forum’s reliance on the House Report newal of license of its television broad­ extended into the 1966-69 term, war­ accompanying the 1960 amendments to cast Station WPIX on Channel 11, New rants inquiry. The facts underlying the Communications Act, alleging that York, N.Y., and the mutually exclusive Forum’s request for a sponsorship iden­ the announcements Forum refers to application of Forum Communications, tification issue are stated by the peti­ were condemned in the committee re­ Inc. (Forum), for a construction permit tioner to be derived from an affidavit of port since they were “plugs” and tended for the same facilities. By order, released a “former employee of WPIX.” However, to misrepresent the true nature of the October 28, 1969 (FCC 69-1162, 20 FCC the affiant’s identity is not disclosed and agreement involved, neither of which 2d 298, 17 RR 2d 782), the Commission the affidavit in question is not submitted. circumstances is allegedly present here. designated the two applications for con­ Forum alleges that it has not supplied Thus, according to WPIX, the practice solidated hearing, specifying, inter alia, the affiant’s identity and his affidavit in condemned by the congressional com­ a Suburban programing issue against order to protect the affiant from “possi­ mittee contemplated payment of moneys W PIX and the standard comparative ble economic repercussions.” Forum sub­ for announcements at the end of a TV issue. Presently before the Review Board mits that if the issue is added it would program that “travel for the show was is a petition to modify and enlarge then seek an appropriate protective arranged through” a particular airline, issues, filed November 17, 1969, by order so that it could introduce the affi­ whereas, in fact, several different airlines Forum, which seeks modification of the davit and testimony of the affiant. provided travel for the show. All these Suburban issue and the addition of a 3. In opposition, W PIX first allegescircumstances, WPIX concludes, require sponsorship identification issue against denial of the requested issue. The Broad­ WPIX, a misrepresentation issue against that Forum has not complied with § 1.229(c) of the rules in that its allega­ cast Bureau, in its opposition, also urges WPIX, and comparative efforts and pro­ denial of the request for failure to com­ graming issues.1 tions are not sufficiently specific to sup­ port the request and are not supported ply with Rule 1.229(c). Sponsorship identification issue. 2. In by affidavits of persons with personal 4. Forum attaches to its reply pleading support of its request for a sponsorship knowledge of the facts alleged. Never­ the affidavit of Clay Cole, dated Novem­ identification issue. Forum submits that theless, W PIX states, its own investiga­ ber 3, 1969, and identifies it as the one between 1963 and 1967, a “check swap­ tion reveals that Forum’s petition originally withheld, but now submitted ping” arrangement, undisclosed to the “probably concerns” “The Clay Cole because W PIX has allegedly taken the viewing public, prevailed at Station economic reprisals Forum had referred WPIX. According to Forum, performers Show”, a program produced by WPIX to in its petition. That is, Forum asserts, appeared on certain entertainment pro­ during the years in question. According WPIX cancelled “Scene Seventy”, a grams produced and broadcast by Sta­ show on which Cole was master of cere­ tion WPIX pursuant to an arrangement a Section 317(a) (1) reads in pertinent monies after learning that Cole was the whereby record or music publishing com­ part: unidentified affiant. Forum points out panies compensated the station for the “All matter broadcast by any radio station that Cole states in the affidavit that the performances involved, but without for which any money, service or other valu­ check exchange arrangement began as proper sponsorship identification as re­ able consideration is directly or indirectly early as 1963, not 1964, as Pope contends quired by section 317(a) (1) of the Com­ paid, or promised to or charged or accepted in his affidavit, and Forum insists, the munications Act of 1934, as amended, by, the station so broadcasting, from any disputed House Report was concerned person, shall, at the time the same is so and § 73.654(a) of the Commission’s broadcast, be announced as paid for or fur­ with whether particular announcements nished, as the case may be, by such person.” were adequately designed to inform the 14 Review Board Members Nelson and Rule 73.654(a) reads in pertinent part: viewing public that the station was be­ Kessler dissenting. “When a television broadcast station trans­ ing paid for some of the material it 1 Related pleadings before the Board are : mits any matter for which money, services, presented, not with particular arrange­ (a) Opposition, filed Nov. 23, 1969, by WPIX; or other valuable consideration is either ments in any one situation. These argu­ (b) opposition, filed Dec. 19, 1969, by the directly or indirectly paid or promised to, ments, Forum concludes, adequately Broadcast Bureau; (c) reply, filed Jan. 7, or charged or received by, such station, the meet the objections raised by the opposi­ 1970, by Forum; (d) motion for leave to file station shall broadcast an announcement rejoinder, filed Jan. 19, 1970, by WPIX; that such matter is sponsored, paid for, or tion pleadings and warrant addition of (e) rejoinder to (c), filed Jan. 19, 1970, by furnished, either in whole or in part, and by the requested issue. WPIX; and (f) comments on (d) and (e), whom or on whose behalf such consideration 5. In its motion for leave to file re­ filed Jan. 22, 1970, by Forum. was supplied.” joinder, WPIX argues that its pleading

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7755 should be accepted so that it may the belated Cole affidavit since we are consulted “in the manner stated by respond to the Cole affidavit which was at the same time accepting W PIX’s re­ W PIX”.'To substantiate this allegation, submitted with Forum’s reply pleading joinder, in which it had an opportunity Forum attaches the following documents and to the accusations made by Forum to respond to it. However, we see no to its pleading: (1) the sworn affidavits concerning the cancellation by WPIX reason to address ourselves to the alle­ of (a) Barry Gottehrer, assistant to the of “Scene Seventy”. In its rejoinder, gations surrounding the original with­ mayor of the city of New York; (b) Law­ WPIX contends that Cole’s affidavit does holding of the Cole affidavit; the parties rence K. Grossman, president of Forum, not adequately answer the arguments have not presented us with anything who allegedly spoke with Charles Reilly, made in W PIX’s opposition pleading. amounting to a formal request for a lack executive director of the Catholic Com­ Thus, WPIX notes that Cole’s affidavit of candor or other disqualifying issue in munications Foundation; (c) Theodora does not specify dates or times of the this regard. Regarding the substantive Sklover, who allegedly spoke with A1 Zeff appearances on the show in question request that is presented, we believe the of the Independent Taxi-Owners Asso­ or of the alleged violations. Nor, WPIX allegations do support addition of a ciation, Dr. Edmund Lipton, phychiatrist, contends, does the affidavit explain why sponsorship identification issue. As to and Jack Kaplan, president of the J. B. WPIX would wait until 1965 to broad­ some of the broadcasts of “The Clay Cole Kaplan Co.; and (d) Ronnie Myers Eld- cast sponsorship identifications which Show” in question, the affidavits of Cole ridge, a Forum officer, who allegedly it allegedly ordered to be carried in 1964, and Pope are in direct conflict as to spoke with Leonard M. Simon and Leon­ and WPIX questions Cole’s recollection, when the check exchange arrangement ard P. Stavisky, members of the New insisting that the arrangements in ques­ was initiated as well as whether any York State Assembly; and (2) unsworn tion were, in fact, begun in 1964, not sponsorship identifications were made at letters to Forum’s principals from (a) 1963, as he states. Regarding the charges all. In our opinion, this conflict raises Charles Rembar, a New York City at­ of retaliation against Cole, WPIX a substantial question as to whether torney, (b) Stephen B. Farber, executive attaches another Pope affidavit which W PIX has complied with the letter and assistant to Governor Richard J. Hughes recites that the decision to cancel “Scene spirit of section 317 of the Communica­ of New Jersey, and (c) Congressman Seventy” was made at a periodic review tions Act and § 73.654(a) of the rules. James H. Scheuer of New York. The session of the station’s entire program The allegations concerning other broad­ basic thrust of these sworn and unsworn schedule by a number of executives and casts essentially amount to a dispute as documents is that the reputed contacts was unrelated to Cole’s appearance on to whether the broadcasting of informa­ regarding community needs and interests the show, a fact which Pope states he tion to the effect that appearances of were not, in fact, made as stated by was personally unaware of. WPIX fur­ performers were “arranged through” WPIX. In addition, Forum states that it ther argues that it could not have acted instead of “paid for or furnished” is an contacted approximately 30 of the per­ against Cole in the way alleged since appropriate announcement. We recog­ sons listed in the WPIX exhibit, and, of it had no way of identifying him as the nize that the Commission has not in the these, a large proportion (i.e., 10) dispute affiant since Forum withheld his identi­ past expressly addressed itself to this being consulted by WPIX. According to fication, and, in any case, charges of question, and the House Report which Forum, this raises a sufficient question to economic reprisal are contradicted by petitioner relies upon and which accom­ warrant an evidentiary inquiry. Forum the fact- that Cole did obtain employ­ panied hearings held in 1960 on “payola” contacted appeared on WPIX programs ment on “Scene Seventy” which is broad­ and related unfair and deceptive broad­ and that W PIX’s list of community cast over many other television stations. cast lftactices, does not delineate specific contacts might consist largely of such WPIX concludes th a t. the nature of congressional intent on this point. Never­ persons; however, Forum concludes that Forum’s allegations in this regard theless, we believe that a substantial these consultations would still not be reflects adversely on its responsibility question is raised as to whether these consistent with the statement in the and candor as an applicant. Forum, in announcements were capable of convey­ exhibit that each of the 132 leaders its comments on W PIX’s rejoinder, inter­ ing to the television audience the fact was “consulted on the most significant poses no objection to consideration of that the appearances were paid for or needs and interests of the community, that pleading, but alleges that it does furnished by the record companies in particularly that part of it which he not respond adequately to Forum’s con­ question. We note, too, that some of represents, and also that person’s view on tentions. Thus, Forum sees no “signifi­ these latter violations apparently oc­ how the applicant has been and can be cant disagreement” between the versions curred during W PIX’s most recent responsive to those needs:” of the applicants regarding the check license term and, as such, the need for 8. WPIX, in opposition, asserts that exchange practice; and, Forum asserts, inquiry is reinforced by the recently Forum’s allegation of misrepresentation the fact that WPIX canceled “Scene promulgated Policy Statement on Com­ is a “gross distortion”, because WPIX Seventy” just 9 days after Fonun filed parative Hearings Involving Regular did, in fact, consult with all 10 persons its initial pleading “speaks for itself.” 3 Renewal Applicants, FCC 70-62, 18 RR listed in Forum’s petition. WPIX con­ Indeed, Forum concludes, W PIX’s claim 2d 1901, released January 15, 1970, in tends that Exhibit n of its application that the Cole affidavit is unrelated to the which the Commission indicated that a shows that it uses eight methods for as­ cancellation “defies credulity.” renewal applicant’s record in the preced­ certaining community needs; and, that 6. Prior to discussing the merits ofing license term would be of principal among these are “Participation by com­ the instant request, a brief comment importance at hearing when challenged munity leaders and officials on WPIX concerning the procedures utilized ap­ by a new applicant. These grounds con­ news and Public Affairs programs” and pears appropriate. The Board does not sidered, an appropriate sponsorship “Personal contacts and interviews by approve of the untimely filing of sup­ identification issue will be added. principals of the station with community porting affidavits. There are other means Misrepresentation issue. 7. In support leaders”, and that Forum’s petition only by which Forum could have supplied of a request for a misrepresentation issue amounts to a claim that some persons the affidavit and, at the same time pro­ against WPIX, Forum alleges that W PIX the application indicates were personally tected the affiant from economic harm. misrepresented the facts of its commun­ interviewed vwere actually contacted in The Commission’s procedural rules are ity survey efforts in its renewal applica­ connection with personal appearances on not without meaning; rather, their pur­ tion. In this regard, Forum notes that WPIX programs. Six of the 10 challenged pose is to expedite the Commission’s Exhibit HI * of W PIX’s application lists contacts were made in this manner, consideration of substantive matters. 132 community Teaders with whom “per­ W PIX concedes, but in each case com­ Although procedural requirements have sonal contacts and interviews” were al­ munity problems were discussed; and at times been relaxed where substantial legedly made by WPIX in connection the absence of any intent to deceive is questions were raised on the merits, that with its community survey. However, confirmed by its listing of the names in is not the case here. We have considered Forum alleges, its investigation reveals question both in Exhibit n and a later that 10 of these individuals deny being exhibit showing those contacted in con­ nection with program appearances. 3 Forum Is referring to the date of the periodic review session at which the decision * This information actually appears in Ex­ Moreover, W PIX alleges, the two types of to cancel was made, Nov. 26,1969. hibit II of WPIX’s renewal application. contacts are quite similar in that the

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7756 NOTICES latter are not limited to on-the-air re­ were listed under the “Personal contacts nally, as to Barry Gottehrer, a personal sponses but ordinarily include two pre­ and interviews * * *” category, Exhibit affidavit is properly submitted, and we broadcast meetings with WPIX rep­ n also points out that broadcast inter­ note that his second affidavit meets any resentatives. WPIX concludes as to these views with community leaders were used objection in form raised against it by six—Charles Rembar, A1 Zeff, Jack Kap­ to ascertain community needs and refer­ the Bureau. However, according to lan, Dr. Edmond Upton, Leonard M. ence is made to Exhibit VHI, wherein a Leavitt J. Pope’s affidavit, Gottehrer par­ Simon, and Leonard Stavisky—that no list of programs and participants is of­ ticipated in a meeting at his office on issue is warranted where only the de­ fered. Six of the disputed contacts were March 21, 1968, with the president of scription of the contacts, not their apparently made in this fashion, and the WPIX and others, and discussed “ ‘meth­ authenticity, is questioned, citing Ultra­ denials furnished by Forum appear to be ods for keeping New York City cool’ dur­ vision Broadcasting Co., 11 FCC 2d 394, simply the result of the phrasing of the ing the coming summer months in terms 12 RR 2d 137 (1968), affirmed, WEBR, question asked by the petitioner; that is, of racial tensions and the role that a Inc. v. FCC ,------U.S. App. D.C------, 420 in seeking verification, Forum empha­ television station could play in this ef­ F 2d 158,16 RR 2d 2191 (1969). As for the sized language suggesting a general con­ fort.” Gottehrer’s denial that he was con­ remaining contacts, Leavitt J. Pope, in sultation as to community needs and in­ tacted “on the most significant needs his attached affidavit, states that Barry terests without apparently indicating and interests of the community” may not Gottehrer, Governor Richard Hughes, that the contact could have come in the have been intended to preclude this more Charles Reilly, and Congressman James more narrow context of the course of a narrow contact. In short, out of 132 Scheuer were all contacted' at various broadcast program interview. At least contacts listed in W PIX’s application, meetings at which they and W PIX rep­ one of these program participants, petitioner has adequately substantiated resentatives were present. The Broadcast Charles Rembar, recalled participating an alleged conflict regarding only one of Bureau opposes the issue on procedural in such a program dealing with censor­ those contacts, and even in that instance, grounds, noting that, with the exception ship, but denied the contact on the the conflict appears to be more one of of Barry Gottehrer, affidavits by the grounds that it was “* * * not the kind semantics than of substance. We do not 10 disputed interviewees are not sub­ of consultation you describe,” indicating regard this as an adequate basis for the mitted, but only “hearsay” statements that a different framing of the question addition of a misrepresentation issue. We not in compliance within section 1.229 of might have elicited a different response. note, however, that the nature and ade­ the rules. Regarding Gottehrer’s affida­ There is no one prescribed manner in quacy of W PIX’s contacts may be ex­ vit, the Bureau asserts that several de­ which such contacts are to be made, so plored within the framework of the exist­ fects in its form, such as the illegibility long as suggestions as to community ing Suburban programing issue. Should of the affiant’s and the notary’s signa­ needs and interests are obtained; in evidence produced at the hearing indi­ tures, render it unreliable. Charles Rembar’s case, his description of cate a substantial basis for a misrepre­ 9. In its reply pleading, Forum argues the broadcast interview comports with sentation issue, Forum may at that time that the Bureau’s position is not pro­ that stated in Leavitt J. Pope’s affidavit make an appropriate request for enlarge­ tective of the Commission’s rules as it as the contact WPIX was referring to in ment. See Ultravision Broadcasting Co., purports to be, but is protective of the its application, and Pope’s affidavit also 3 FCC 2d 66, 7 RR 2d 554 (1966) .6 existing licensee, which is contrary to reports significant suggestions received Modification of Suburban issue. 12. In the affirmative role the Bureau must play from the five others contacted in this support of its request to modify the in developing a meaningful record, as fashion. Suburban issue against WPIX to inquire, required by United Church of Christ v. 11. Regarding the four remaining dis­on a disqualifying basis,- into WPIX’s FCC,------U.S. App. D.C.------, ------F. 2d puted contacts, the Board believes that programing during the past license pe­ ------, 16 RR 2d 2095 (1969). Regarding Forum has not adequately substantiated riod, Forum alleges that its study of Gottehrer’s affidavit, Forum asserts that its allegations. Thus, absent an adequate W PIX’s renewal application and of New the Bureau is “quibbling”, but, neverthe­ explanation of why affidavits of persons York City newspapers reveals that the less, it submits a new affidavit of Got­ with personal knowledge could not be licensee did not adequately cover several tehrer to eliminate the inadequacies of obtained, we cannot accept the unsworn major news events occurring during the the original. Forum challenges the Bu­ letter of Stephen B. Farber, speaking for preceding license term (1966-1969) .* For reau’s characterization of the other state­ Governor Hughes of New Jersey, nor can example, Forum asserts, no programs ments as “hearsay”, asserting, for ex­ we rely upon the affidavit of a Forum were broadcast by W PIX in response to ample, that the letter of Charles Rembar, principal as support for a statement al­ the Newark rioting in July 1968; no being a member of the New York bar, is legedly made by Charles Reilly. Rule special broadcasts dealt with the New reliable and that other denials of WPIX 1.229(c). In his sworn affidavit, Pope York City sanitationmen’s strike in Jan­ contacts are contained in affidavits, al­ specifies a date on which officials of uary 1968; no special programs were beit those of W PIX personnel. Regard­ W PIX met with Governor Hughes about broadcast to cover the campus disrup­ ing W PIX’s opposition, Forum asserts TV service in New Jersey. The nature of tions at Columbia University and The that W PIX’s application listing those in­ the meeting is specified; in contrast, City College in May 1968 and May 1969; terviewed in connection with program Farber’s unsworn letter merely states and W PIX’s coverage of the assassina­ appearances does not indicate that this that a search of office records reveals “no tion of Senator Robert F. Kennedy in inf ormation was responsive to the com­ reference” on any consultations “with June 1968, was limited largely to tapping munity ascertainment questions in the Governor Hughes to learn his views on into pooled funeral coverage. In addition, application form. Furthermore, Forum the significant needs and interests of Forum alleges, the New York City contends, W PIX’s application expressly New Jersey”. The foregoing deficiencies recognized the difference between con­ in Forum’s petition are especially glaring BWith respect to Forum’s'reliance on The tracts with persons appearing on their here since Forum had an opportunity to United Church of Christ case regarding the programs and personal consultations de­ supply personal affidavits with its reply, role of the Bureau in contested renewal pro­ signed to elicit significant community but failed to do so. The same deficiency ceedings, we cannot agree that the Bureau has been protective of WPIX. The role and needs; and the misrepresentations de­ is present regarding the unsworn letter position of the Bureau, of necessity, must be rived, Forum concludes, from W PIX’s of Congressman Scheuer. Moreover, in based on FCC policies and rules. See National recognition that a list of persons appear­ his case, the asserted conflict may be Broadcasting Company, Inc., 21 FCC 2d 195, ing on its programs would not be suffi­ more apparent than real since he ex­ 196,18 RR 2d 74, 77 (1970). cient to meet the Commission’s survey pressly qualifies his denial of a meeting 6 The Suburban issue, with Forum’s pro­ requirements. to discuss community needs with the posed modifications in brackets, would read 10. The Review Board believes that the reservation that, “ lals a member of as follows: The efforts made by WPIX, Inc. to ascertain petitioner has not raised a substantial Congress, of course, I do meet and talk to the community needs and interests of the question of misrepresentation. In its ap­ thousands of people every year, so that area to be served [and the means by which plication form, W PIX indicated that it it is conceivable that I may have had an it met those needs and interests during the. used a number of methods for ascertain­ informal conversation * * See Ul­ past license period] and the means by which ing community needs, and although the travision Broadcasting Co., 11 FCC 2d it proposes to meet those needs and interests 132 leaders in community life In question 394, 403, 12 RR 2d 137, 148 (1968). Fi­ [during the ensuing license period].

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7757 teachers’ strikes of 1968 and the local and the 1966 and 1969 news percentages are Suburban issue. In the recent Policy national elections of 1966, 1967, and 1968 attributable largely to different methods Statement on Comparative Hearings In­ were not adequately covered by WPIX. of calculation, i.e., the 1966 application volving Renewal Applicants, supra, the Forum contends that more programing form included commercial time whereas Commission indicated that a renewal ap­ than daily news reports in response to the 1969 form excluded it. Further, plicant would have to demonstrate that these important events is the “minimum W PIX states, its increase in news staff, “its program service during the preceding required” of a licensee. In Forum’s view, and new public service programing rein­ license term has been substantially at­ nothing less than a “continuing effort” to forces, rather than weakens, its position, tuned to meeting the needs and interests ascertain and meet community needs is and is an additional reason to deny of the area.” The inquiry sought by required,' citing the Commission’s 1960 Forum’s request. Forum is, in our view, encompassed by En Banc Programing Inquiry.7 In addi­ 14. In reply, Forum challenges the the Policy Statement, at least insofar as tion, Forum alleges that W PIX’s renewal adequacy of W PIX’s treatment of the it relates to whether W PIX’s programing application discloses that the licensee’s important news events in question, as has been adequately responsive to im­ ascertainment efforts were made im­ detailed in the Pope affidavit. For exam­ portant events in the course of the last mediately prior to filing and not as part ple, Forum contends, W PIX’s coverage license term. Accordingly, no disqualify­ of a continuing effort over the license of the Newark rioting omitted major ing issue is required in this regard. Fo­ period. Furthermore, according to precipitating events (citing the Kemer rum’s other allegations relating to be­ Forum, W PIX’s promise of news coverage Commission Report); its reaction to the lated upgrading in W PIX’s service like­ in its 1966 renewal application did not strikes of the sanitationmen and the wise do not require addition of an issue in meet its actual performance; thus, 4 per­ teachers was late; its coverage of the light of the Policy Statement’s clear di­ cent news was proposed by WPIX, but Kennedy assassination was too limited; rection that no evidence as to improved only 2 percent was delivered. Forum in­ and it devoted a diminishing amount of service after the filing of a competing ap­ sists that there was no adequate justifi­ time to the election campaigns of 1966, plication will be admissible at hearing; cation for this disparity. Indeed, Forum 1967, and 1968. These programing de­ therefore, if such upgrading has in fact contends, W PIX’s efforts have improved ficiencies, Forum concludes, warrant a occurred, WPIX will not be permitted to only after the spur of the filing of a com­ disqualifying issue. benefit from it at the hearing.® Finally,“ peting application; thus, for example, 15. The request for modification of the no promise-versus-performance issue is WPIX increased its news staff signifi­ designated Suburban issue will be denied. warranted; in our view, W PIX has ade­ cantly after its license had been chal­ As Forum points out in its petition, quately rebutted the allegations in this lenged, and added substantial public af­ W PIX’s past programing will be inquired regard, and Forum has not shown a fail­ fairs programing only after filing its re­ into at the hearing under the inquiry ure to substantially comply with repre­ newal application. This recent upgrading called for in the renewal Policy State­ sentations in the last W PIX renewal Forum concludes, emphasizes the inade­ ment, supra. Forum’s showing in support application concerning time devoted to quacy of W PIX’s past programing and of modification of the Suburban issue is news. Cf. Sioux Empire Broadcasting Co., reinforces the need for inquiry. inadequate, in our view, to warrant a dis­ 8 FCC 2d 605, 10 RR 2d 483 (1967). 13. In opposition, W PIX asserts thatqualifying inquiry into W PIX’s past pro­ Comparative efforts and programing its ascertainment efforts, contrary to graming. Petitioner’s principal conten­ issue. 16. Forum seeks the addition of an Forum’s contentions, have occurred tion relates to the adequacy of W PIX’s issue to coijipare both the efforts made by throughout its license term, although programing in response to major events the applicants to ascertain community many early contacts were not listed in over the period of the last license term. needs and the proposals of each to meet the application, but concedes that the Such an inquiry more properly relates to such ascertained needs. In support of a majority occurred in the last year in the applicant’s past broadcast record comparative efforts inquiry, Forum notes accordance with section IV-B of the ap­ rather than to the Suburban inquiry, initially that WPIX made 132 undefined plication form and in order to moré which is essentially prospective in nature. contacts with community leaders whereas closely relate contacts to proposed pro­ Moreover, Forum’s proposed inquiry into it (Forum) interviewed 586 community graming in the future license term. With the quality and nature of W PIX’s news leaders. Forum states that the Channel respect to coverage of major news coverage is both unwarranted and inap­ 11 service area includes 18,500,000 people events, WPIX maintains that its report­ propriate under well established consti­ in four states and its signal reaches into ing was in each case thorough and com­ tutional principles protecting the 34 major cities, including eight cities with parable to that provided by other New freedom of the press. Cf. CBS Program, populations over 100,000 and seven York City television stations. In his affi­ “Hunger In America,” 20 FCC 2d 143, 17 Standard Metropolitan Statistical Areas davit attached to W PIX’s opposition, RR 2d 674 (1969); Columbia Broadcast­ with a combined population of over 16 Leavitt J. Pope details the coverage of ing System (WBBM-TV), 18 FCC 2d 124, million, all containing a vast diversity of each event cited by Forum stating that 16 RR 2d 207 (1969); Democratic Na­ peoples, needs and interests. To analyze these events were covered on regularly tional Convention Television Coverage, the efforts of both applicants to survey scheduled news programs and in special 16 FCC 2d 650, 15 RR 2d 791 (1969). these communities, Forum attaches de­ programing. For example, with respect Furthermore, although the premise of tailed breakdowns of their respective, ef­ to the Newark riots, Pope states, W PIX’s petitioner’s claim is based on the require­ forts by geographic community and by evening news reports were replete with ment that an applicant make “continu­ category of community leaders, as set filmed reports and interviews; the sani- ing efforts” to determine and meet forth in the En Banc Programing State­ tationmen’s strike was featured as a community needs, and although we rec­ ment, supra, i.e., public officials, educa­ prominent story in news reports and ognize that the Commission used such tors, religious leaders and so forth! In all Governor Rockefeller’s news conference language in its En Banc Programing In­ categories, Forum avers its efforts were on the subject was carried, albeit re­ quiry, supra, and more recently in City significantly superior. For example, broadcast; in response to the teachers’ of Camden, 18 FCC 2d 412, 16 RR 2d 555 Forum asserts, it contacted 183 repre­ strikes, 16 half-hour programs teaching (1969), in our view, this language does sentatives of “City and Community Ori­ New York Regents subjects were broad­ not dictate continuous surveys but rather ented Services and Organizations” and cast; and a special 5 ^ hour memorial to a consistent awareness of and responsive­ W PIX contacted six; Forum interviewed Robert F. Kennedy was broadcast fol­ ness to community problems. Thus, the 80 leaders in education and WPIX 12; lowing his assassination and 18 hours in allegation that most of W PIX’s survey Forum interviewed 52 representatives of all on the tragedy were broadcast. In efforts were concentrated in the latter eleemosynary organizations, WPIX addition, WPIX argues, no promise- part of its term is not persuasive in view versus-performance question is raised by of W PIX’s response that contracts oc­ 8 Similarity, to the extent Forum’s allega­ Forum’s allegations since differences in curred throughout the license term but tions charge improved service in the last year not all were reported in its application. of WPIX’s license term, we note that no issue And any question as to the adequacy of is required in that the Policy Statement 7 Report and Statement of Policy Re: Com­ makes clear such belated improvement would mission En Banc Programing Inquiry, 25 PR the contacts that were reported will be not be controlling or determinative in the 7291, 20 RR 1901 (1960). explored in the context of the designated licensee’s favor.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7758 NOTICES seven; Forum contacted 55 persons rep- Public Affairs programing, all of which 19. With respect to Forum’s request resenting minority group interests, WPIX will be produced by the station and deal for a comparative programing issue, eight. In addition, petitioner contends, its with local matters; WPIX, in compari­ W PIX argues that the Commission is efforts were conducted throughout its son, proposes 4% hours in this category, reluctant to designate such an issue in service area, and its figures show that it less than half of which will be originated the absence of a prima facie showing by made far greater efforts to ascertain by it or will deal with local issues. This the proponent that significant differences needs in the areas outside New York City unprecedented amount of local live pro­ exist in the programing to be offered and as well as within. Furthermore, Forum graming contrasts with W PIX’s pro­ that its claimed superiority is related to states, group meetings and “Forum Fo­ gram proposal which, petitioner avers, its ascertainment of community needs, rums” have been held and are being held has not been related to any ascertained citing Chapman Radio, supra. According with select members of the public to fur­ community needs. All of these alleged to WPIX, Forum has neither met this ther ascertain their needs. Petitioner differences, Forum concludes, warrant test nor demonstrated that the differ­ notes that on November 13, 1969, WPIX addition of the following issue: ences alleged relate to more than ordi­ filed with the Examiner an ameendment To determine on a comparative basis nary differences in judgment. Thus, to reflect about 600 additional contacts whether there are differences between the W PIX recites that it plans to allot 5 per­ which, Forum- states “matches [its own applicants with respect to the efforts made cent of its programing to news, 3.7 per­ survey] in size and scope.” However, pe­ by each to ascertain the needs and interests cent to public affairs and 10 percent to titioner argues, WPEX’S efforts were of the area to be served and the means by all other programs exclusive of sports and made merely in response to Forum’s which each proposes to meet those needs and entertainment, whereas Forum proposes showing in an effort to “shore up” its ap­ interests. 6.94 percent, 7.27 percent, and 9.6 percent plication, rather than as a sincere indi­ 18. In opposition, W PIX initiallyof its schedule, respectively, to these cate­ cation of a continuing effort to ascertain argues that the Commission expressly gories; such differences do not warrant community needs. As such, Forum con­ compared the respective survey efforts an issue, WPIX asserts, citing, inter alia, tends, the amended showing is entitled to of the applicants in designating the case Voice of Dixie, Inc., supra. Conceding little, if any, weight. Even if W PIX’s for hearing and decided to add only a that Forum proposes considerably more amendment is considered, Forum asserts, Suburban issue thereby making clear its local, live programing than it does, WPIX significant disparities still exist between intent that no comparative efforts issue argues that this difference does not jus­ the applicants’ showings. For example, was warranted. Even if the Board finds tify an issue. There are deficiencies in although WPIX in its amendment states no reasoned analysis of the question in Forum’s showing in this regard, WPIX that it “has been in contact” with the the designation order, W PIX argues, contends, since its application does not community leaders listed, it did not state Forum has not made a threshold show­ report when its contacts were made and that it had personally interviewed such ing that significant differences in the whether its local live proposal was, in leaders to ascertain community needs. applicants’ efforts exist, citing Chapman fact, formulated in response to sugges­ Furthermore, Forum alleges, despite Radio and Television Co., 7 FCC 2d 213, tions received. Forum’s petition amounts W PIX’s increased contacts, it has not 9 RR 2d 635 (1967). WPIX asserts that only, to an effort to “out-promise” it, proposed any increase in local program­ Forum’s allegations are deficient because WPIX contends. Finally, WPIX argues, ing or change in any other program they are addressed to W PIX’s original, the Board should be “chary” regarding category. unamended showing, and the Examiner requests for programing issues in com­ 17. Regarding comparative program­accepted its November 12, 1969, pro­ parative hearings involving new appli­ ing, Forum states that virtually all of graming amendment by memorandum cants so as not to permit promise ' to the programs WPIX is now broadcasting opinion and order released November 1, outweigh proven performance. The to meet ascertained needs were added 1969 (FCC 69M-1558). Therefore, con­ Broadcast Bureau opposes both a com­ after the filing of Forum’s instant appli­ tends WPIX, no useful purpose would be parative efforts and a comparative pro­ cation, and are, accordingly, entitled to served by adding a comparative efforts graming issue, argumg that in light of little weight; Forum notes that it in­ issue based upon the original Suburban W PIX’s recent amendment, no signifi­ tends to explore the circumstances of showing, citing Voice of Dixie, Inc., 20 cant differences any longer exist between this alleged “upgrading” at the hearing FCC 2d 869,17 RR 2d 1199 (1969). WPIX the applicants’ surveys or program pro­ under the designated Suburban issue. states that its amendment lists approxi­ posals. Beyond this, the Bureau opines Accepting the legitimacy of WPIX’s mately 700 contacts with identification that the existence of the Suburban issue amended showing for the sake of and need ascertained from each, and, as to one applicant and not the other argument, however, Forum asserts that contrary to Forum’s allegation, the con­ should not automatically require a com­ significant differences between the appli­ sultations included personal interviews. parative efforts issue at this time, citing cants still warrant investigation. Thus, W PIX disputes Forum’s assertion that Florida-Georgia Television Co., Inc., 10 Forum contends, it found a primary need its surveys have not been related to its FCC 2d 844, 11 RR 2d 873 (1967). A deci­ for public participation in the events programing, and submits with its plead­ sion on the requested issue, the Bureau which concern them through the pro­ ing, Attachment A to its amendment, believes, should await the required show­ graming of the television station, and which contains a discussion of numerous ing under the Suburban issue, so that it this required direct participation by the public affairs programs it broadcast in may be determined whether any signifi­ station in the community. Forum sub­ response to information gained in its cant differences in fact exist. mits that it has responded to this need surveys. Finally, W PIX challenges the 20. In reply, Forum disputes WPIX’s whereas W PIX has not. Thus, Forum allegedly exceptional nature of Forum’s assertion that the Commission compared states that it proposes to devote 48 hours survey efforts, contending that Forum’s the applicants’ survey efforts in the desig­ a week, or about 35 percent of its weekly initial survey was not taken by nation Order, contending that no such program schedule to local programing, Forum’s principals, but by an independ­ comparison, express or implied, was which would include 19 local programs. ent survey organization; that a large made. In addition, Forum argues, specifi­ In contrast, maintains Forum, WPIX number of persons contacted merely ex­ cation of a Suburban issue against WPIX proposes 15 ^ hours a week—or 12 per­ pressed program preferences or a desire does not preclude the Board from adding cent of its schedule—for local program­ for publicity for their organizations; and a comparative issue, citing Regal Broad­ ing. Furthermore, petitioner states, it that Forum does not explain why it relied casting Corp. (WHRL-FM), .14 FCC 2d will devote about 9 hours a week to news for half of its initial survey contacts in 849, 14 RR 2d 411 (1968) Forum argues programs as compared with 6 hours pro­ New Jersey and Connecticut on only that it did not ignore W PIX’s amended posed by WPIX. In addition, Forum three communities. These criticisms are showing, but noted that the absence of asserts, it proposes a 66-man news staff not designed to raise questions requiring dates of the listed contacts made it im­ as compared with 49 for WPIX, and pro­ hearing, WPIX concludes, but only to possible to tell whether the previously poses to permanently station some in submitted program proposal of WPIX major news areas which would include Illustrate that where both applicants was based at all on consultations listed in “store front” news bureaus in the have made a large number of contacts its amendment. Further, petitioner re­ ghettoes. Forum also points out that it and related them to programing, no issue peats, a question is raised as to whether proposes 9 hours and 21 minutes of is warranted. W PIX’s additional contacts were bona

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7759 fide or not, and the requested compara­ programing than does WPIX, not only ber 17, 1969, by Forum Communications, tive efforts issue would allow exploration in terms of hours of programing, per­ Inc. is granted to the extent herein in­ of this question. Regarding the compara­ centage of overall broadcast time, and dicated; and is denied in all other re­ tive programing request, Forum insists number of programs, but also in the ge­ spects; and that the issues in this pro­ that its proposal is superior not only in neric category of Public Affairs program­ ceeding are enlarged to include the fol­ terms of percentages, but also in its at­ ing and in terms of greater resources lowing: tention to the ascertained needs of its and efforts devoted to such programing, (a) To determine whether WPIX, area. For example, petitioner stresses that i.e., news staff and local news bureaus. Inc., violated the Commission’s sponsor its significantly larger news staff will not Indeed, these substantial differences are identification rules with respect to the only permit presentation of high quality not disputed by WPIX. The need for such broadcast of “The Clay Cole Show”, and, news programs but also ensure deep local extensive local programing is stated by if so, the effect thereof on the basic and/ community involvement. Further, Forum Forum in its application to be deeply or comparative qualifications of WPIX, states, its Public Affairs programing not rooted in the New York community. It Inc. to remain an FCC licensee. only exceeds W PIX’s but is all produced is Forum’s position that it has ferreted (b) To determine on a comparative by the station and deals with local mat­ out this need in its surveys and that it basis whether there are significant dif­ ters, and is a direct result of Forum’s proposes adequate programing in re­ ferences between the applicants with re­ conclusion from its survey efforts that sponse to the need while W PIX does spect to the means by which each pro­ there is a significant need for in-depth not. The principal ground upon which poses to meet the ascertained needs of involvement of the media in local affairs. WPIX opposes the comparative pro­ the area to be served. Its heavy local programing in response to graming issue is its claim that, in its 24. It is further ordered, That the bur­ this need is, petitioner contends, more petition, Forum has not related its pro­ den of proceeding under issue (a) herein than an attempt to outpromise its rival, graming in this regard to its ascertain­ added shall be upon Forum Communica­ as WPIX alleges; but, in fact, W PIX’s ment of community needs, as required by tions, Inc., and the burden of proof shall programing is itself nothing more than Chapman. However, W PIX overlooks the be upon WPIX, Inc. extensive showing made in Forum’s ap­ a “proposal” since its plans have been Adopted: May 8,1970. upgraded since the filing- of Forum’s plication in this regard, and, on this application. basis, we conclude that petitioner’s Released: May 11,1970. pleadings together with the showing in 21. Pursuant to the doctrine of At­ F ederal Communications its application warrant - inclusion of a lantic Broadcasting Co., 5 FCC 2d 717, Commission,10 8 RR 2d 991 (1966), the Board believes comparative programing issue.9 In its [ seal ] B en F. W aple, that it must consider petitioner’s argu­ original pleading, petitioner indicated Secretary. ments with respect to a comparative ef­ that involvement by the broadcaster in forts issue on the merits. We do not con­ and responsiveness to matters of local [F.R. Doc. 70-6213; Piled, May 19, 1970; sider the statement in the designation concern was the predominant need as­ 8:49 a.m.] order that Forum had satisfied the Sub­ certained throughout its extensive sur­ urban requirements, whereas WPIX had vey efforts. This is reflected in the diverse not, to be a “reasoned analysis” of the contacts listed in petitioner’s original comparative efforts of the applicants. We application; for example, a need for in- FEDERAL POWER COMMISSION also conclude, however, that such an is­ depth coverage of local and community [Docket No. CP70-270] sue is not warranted by the pleadings. news was found; responsiveness to the The Chapman case made clear that only special problems of the underprivileged, EL PASO NATURAL GAS CO. a “significant disparity” in efforts would teenagers, women, children, and the el­ Notice of Application be considered at hearing. In our view, derly in the area, and a need for focusing differences of the required magnitude on law enforcement were ascertained. May 15,1970. only appear prior to W PIX’s November (Exhibit P-2.) In Exhibit P-3 of its ap­ Take notice that on May 8, 1970, El 12 amendment. Although Forum’s ascer­ plication, petitioner specifically trans­ Paso Natural Gas Co. (Applicant), Post tainment efforts are impressive, W PIX’s lates these ascertained needs into a num­ Office Box 1492, El Paso, Tex. 79999, filed amended showing is also extensive, and ber of programs it intends to broadcast. in docket No. CP70-270 and application Forum in fact does not specifically allege Another extensive list of suggestions and pursuant to section 7(c) of the Natural that WPIX’s showing, after amendment, evaluation is provided in petitioner’s Gas Act for a certificate of public con­ is also significantly inferior. In light of amendment filed October 9, 1969. A re­ venience and necessity authorizing the the fact that the Examiner has accepted view of all this material indicates that construction and operation of certain WPIX’s amendment, we see no point to a substantial question has been raised natural gas facilities, all as more fully adding an issue based solely on the show­ as to whether petitioner shows an un­ set forth in the application which is on ings made in the unamended application usual attention to local community mat­ file with the Commission and open for forms. The arguments Forum addresses ters for which there is a demonstrated public inspection. to WPIX’s amended showing are unper­ community need, justifying inquiry. suasive. Thus, regarding the allegation Applicant proposes to construct and Finally, we disagree with the Bureau’s operate a compressor station consisting of a “shored up” showing, we believe this position that our consideration of the of two 1,068 horsepower gas turbine- allegation, as well as the allegation that addition of this issue should await the the absence of dates for the W PIX con­ driven centrifugal compressor units and outcome of thq designated Suburban is­ appurtenances and a regulating and tracts in its amendment clouds its pro- sue; the latter is noncomparative in na­ pam proposal, are germane to and are measuring station consisting of two 12% - ture and we thus fail to see how its reso­ inch orifice meter runs and appurte­ included within the already specified lution bears upon the instant request. Suburban issue regarding WPIX. As nances, all on Applicant’s Reno Lateral See Regal Broadcasting Corp. (WHRL- in Idaho for the purpose of providing a such, adequate opportunity for explora­ FM ), supra. tion may be had at the hearing without total daily design capacity of approxi­ 23. Accordingly, it is ordered, That themately 100,000 Mcf. The application need for an additional issue. motion for leave to file rejoinder, filed 22. It is well established that a com­ states that such facilities are necessary January 19,1970, by WPIX, Inc. is grant­ to enable Applicant to meet the estimat­ parative programing issue is warranted ed, and the rejoinder, filed January 19, only where differences in proposed pro­ ed firm natural gas requirements of 1970, is accepted; That the petition to Southwest Gas Corp. through the 1972- gram plans go beyond ordinary differ­ modify and enlarge issues, filed Novem- ences in judgment and show a superior 73 heating season. devotion to public service. Chapman The total estimated cost of the pro­ 9 We note, however, that pursuant to theposed facilities is $1,056,523, which will Radio and Television Company, supra. Policy Statement on renewal applicants, The Board believes that a substantial supra, no comparative inquiry will be held question in this regard has been raised. if the renewal applicant meets the threshold “ Review Board Member Kessler absent; It appears from the pleadings that Forum requirement set forth in the Policy State­ dissenting statement of Board Member Nelson Proposes substantially greater local, live ment. filed as part of original document.

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 No. 98------6 7760 NOTICES

be financed by working funds and short­ petition to amend should on or before [Docket No. E-7538] term borrowings. June 8, 1970, file with the Federal Power PACIFIC POWER & LIGHT CO. Any person desiring to be heard or Commission, Washington, D.C. 20426, a to make any protest with reference to petition to intervene or a protest in ac­ Notice of Application said application should on or before cordance with the requirements of the June 8, 1970, file with the Federal Power Commission’s rules of practice and pro­ M ay 14,1970. Commission, Washington, D.C. 20426, a cedure (18 CFR 1.8 or 1.10) and the Take notice that on May 11, 1970, petition to intervene or a protest in ac­ regulations under the Natural Gas Act Pacific Power & Light Co. (applicant), cordance with the requirements of the (18 CFR 157.10). All protests filed with a corporation organized under the laws Commission’s rules of practice and pro­ the Commission will be considered by it of the State of Maine and qualified to cedure (18 CFR 1.8 or 1.10) and the in determining the appropriate action to transact business in the States of Oregon, regulations under the Natural Gas Act be taken but will not serve to make the Wyoming, Washington, California, Mon­ (18 CFR 157.10) . All protests filed with protestants parties to the proceeding. tana, and Idaho, with its principal busi­ the Commission will be considered by it Any person wishing to become a party to ness office at Portland, Oreg., filed an in determining the appropriate action a proceeding or to participate as a party application with the Federal Power Com­ to be taken but will not serve to make in any hearing therein must file a peti­ mission, pursuant to section 204 of the the protestants parties to the proceed­ tion to intervene in accordance with the Federal Power Act, seeking an order au­ ing. Any person wishing to become a, Commission’s rules. thorizing the issuance of $25 million in party to a proceeding or to participate Gordon M. G rant, principal amount of its first mortgage as a party in any hearing therein must Secretary. bonds. file a petition to intervene in accordance The new bonds are to be issued under with the Commission’s rules. {F.R. Doc. 70-6207; Filed, May 19, 1970; 8:48 a.m.] and pursuant to applicant’s presently ex­ Take further notice that, pursuant to isting mortgage and deed of trust dated the authority contained in and subject to [Docket No. OP69-309] as of July 1, 1947, to Morgan Guaranty the jurisdiction conferred upon the Fed­ Trust Co. of New York and R. E. Spar­ eral Power Commission by sections 7 and MICHIGAN WISCONSIN PIPE LINE row, as trustees, as supplemented and as 15 of the Natural Gas Act and the Com­ CO. proposed to be supplemented by a 22d mission’s rules of practice and procedure, Notice of Petition to Amend supplemental indenture thereto. The a hearing will be held without further new bonds are to be dated July 1, 1970, notice before the Commission on this ap­ May 13, 1970. and are to bear interest at a rate per an­ plication if no petition to intervene is Take notice that on May 5, 1970, num to be fixed by competitive bidding filed within the time required herein, if Michigan Wisconsin Pipe Line Co. (peti­ and will mature on July 1, 2000. Appli­ the Commission on its own review of the tioner), 1 Woodward Avenue, Detroit, cant proposes to sell the new bonds at matter finds that a grant of the certifi­ Mich. 48226, filed in Docket No. CP69- competitive bidding in accordance with cate is required by the public convenience 306 a petition to amend the order of the applicable requirements of § 34.1a of the and necessity. If a petition for leave to Commission issued on August 12, 1969, Commission’s regulations under the Fed­ intervene is timely filed, or if the Com­ to authorize an increase in the maximum eral Power Act. mission on its own motion believes that daily quantity of natural gas to be de­ The net proceeds from the issuance and a formal hearing is 'required, further no­ livered by petitioner to North Central sale of the new bonds are proposed to be tice of such hearing will be duly given. Public Service Co. (North Central), all applied to the temporary prepayment of Under the procedure herein provided as more fully set forth in the petition to promissory notes outstanding under a for, unless otherwise advised, it will be amend, which is on file with the Com­ credit agreement dated December 31, unnecessary for Applicant to appear or mission and open to public inspection. 1969, or outstanding commercial paper, be represented at the hearing. Petitioner was authorized by the or both, and to finance construction ex­ aforementioned order to deliver to North penditures. The issuance of the new G ordon M. G rant, bonds is part of a financing program Secretary. Central up to 6,150 Mcf of natural gas per day and 1,168,500 Mcf per year. Peti­ pursuant to which applicant will finance [F.R. Doc. 70-6206; Filed, May 19, 1970; tioner states that North Central, in its construction expenditures for 1970, 8:48 a.m.] order to serve the firm requirements of presently estimated at $121,345,000, part its customers during the remainder of of which it is contemplated will be raised {Docket No. CP68-154] this contract year without incurring an­ through cash to be internally generated, nual overrun penalties, has requested an through sale of additional bonds later in EL PASO NATURAL GAS CO. increase in the maximum daily quantity 1970, through the sale of common stock, Notice of Petition To Amend to be delivered of 2,000 Mcf which will and through short-term borrowings. increase its firm supply by 246,000 Mcf. Any person desiring to be heard or to M ay 15,1970. Any person desiring to be heard or to make any protest with reference to said Take notice that on May 8, 1970, El make any protest with reference to said application should, on or before June 5, Paso Natural Gas Co. (petitioner), Post petition to amend should- on or before 1970, file with the Federal Power Com­ Office Box 1492, El Paso, Tex. 79999, filed June 8,1970, file with the Federal Power mission, Washington, D.C. 20426, peti­ in Docket No. CP68-154 a petition to Commission, Washington, D.C. 20426, tions or protests in accordance with the amend the order of the Commission is­ a petition to intervene or a protest in requirements of the Commission’s rules sued on February 1, 1968, to permit the accordance with the requirements of the of practice and procedure (18 CFR 1.8 or operation of its existing facilities for Commission’s rules of practice and 1.10). All protests filed with the Commis­ direct sale and delivery of increased vol­ procedure (18 CFR 1.8 or 1.10) and the sion will be considered by it in determin­ umes of natural gas to Paul Lime Plant, regulations under the Natural Gas Act ing the appropriate action to be taken Inc. (Paul Lime), all as more fully set (18 CFR 157.10). All protests filed with but will not serve to make the protestants forth in the petition to amend which is the Commission will be considered by parties to the proceeding. Persons wish­ on file with the Commission and open to it in determining the appropriate action ing to become parties to a proceeding public inspection. to be taken but will not serve to make the or to participate as a party in any hear­ Petitioner states that it was requested protestants parties to the proceeding. ing therein must file petitions to by Paul Lime to increase authorized Any person wishing to become a party to intervene in accordance with the Com­ natural gas service to Paul Lime from a proceeding or to participate as a party in any hearing therein must file a peti­ mission’s rules. The application is on 4,800 Mcf per day to 6,200 Mcf per day, file with the Commission and available in order to meet requirements of Paul tion to intervene in accordance with the Lime after it places its new kiln in op­ Commission’s rules. for public inspection. eration in its Paul Spur plant near G ordon M. G rant, G ordon M. G rant, Douglas, Ariz. Secretary. Secretary. Any person desiring to be heard or to [FJR. Doc. 70-6183; Filed, May 19, 1970; [F.R. Doc. 70-6184; Filed, May 19, 1970; make any protest with reference to said 8:46 a.m.] 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7761

[Docket No. RI70-1611] tions pertaining thereto (18 CFR, Ch. T), the contrary within 15 days after the fil­ PENNZOIL PRODUCING CO. and the Commission’s rules of practice ing of its agreement and undertaking, and procedure, a public hearing shall be such agreement and undertaking shall Order Providing for Hearing on and held concerning the lawfulness of the be deemed to have been accepted.1 Suspension of Proposed Chang« in proposed change. (C) Until otherwise ordered by the Rate, and Allowing Rate Change To (B) Pending hearing and decisionCommission, neither the suspended sup­ Become Effective Subject to Refund thereon, the rate supplement herein is plement, nor the rate schedule sought suspended and its use deferred until date to be altered, shall be changed until dis­ M a y 14,1970. shown in the “Date Suspended Until” position of this proceeding or expiration Respondent named herein has filed a column, and thereafter until made effec­ of the suspension period. proposed change in rate and charge of a tive as prescribed by the Natural Gas (D) Notices of intervention or petitions currently effective rate schedule for the Act: Provided, however, That the sup­ to intervene may be filed with the Fed­ sale of natural gas under Commission plement to the rate schedule filed by eral Power Commission, Washington, jurisdiction, as set forth in Appendix A respondent shall become effective sub­ D.C. 20426, in accordance with the rules hereof. ject to refund on the date and in the of practice and procedure (18 CFR 1.8 The proposed changed rate, and charge manner herein prescribed if within 20 and 1.37(f) ) on or before July 3, 1970. may be unjust, unreasonable, unduly days from the date of the issuance of this By the Commission. discriminatory, or preferential, or other­ order respondent shall execute and file wise unlawful. under its above-designated docket num­ [ s e a l ] G o rd o n M . G r a n t , The Commission finds: It is in the ber with the Secretary of the Commis­ Secretary. public interest and consistent with the sion its agreement and undertaking to Natural Gas Act that the Commission comply with the refunding and reporting 1 If an acceptable general undertaking, as enter upon a hearing regarding the law­ procedure required by the Natural Gas provided in Order No. 377, has previously been filed by a producer, then it will not be fulness of the proposed change, and that Act and § 154.102 of the regulations necessary for that producer to file an agree­ the supplement herein be suspended and thereunder, accompanied by a certificate ment and undertaking as provided herein. In its use be deferred as ordered below. showing service of a copy thereof upon such circumstances the producer’s proposed The Commission orders: increased rate will become effective as of the (A) Under the Natural Gas Act, par­the purchaser under the rate schedule expiration of the suspension period without ticularly sections 4 and 15, the regula- involved. Unless respondent is advised to any further action by the producer. Appendix A

Cents per Mcf Rate in Rate Sup­ Amount Date Effective effect Docket Respondeat sched­ ple­ Purchaser and producing areaof filing date sus­ Rate Proposed subject to No. ule ment annual tendered unless pended in increased refund in No. No. Increase suspended until— effect rate dockets Nos.

RI70-1611. Pennzoil Producing Co.2, 215 • ‘ 16 United Gas Pipe Line Co. (Lirette $12,500 4-16-70 8 4-16-70 8 4-17-70 18.5 7 8 19.5 RI69-406. 900 Southwest Tower, Field, Terrebonne Parish, La.) Houston, Tex. 77002. (South Louisiana Area).

* Both buyer and seller are ■wholly owned subsidiaries of Pennzoil United, Inc. 6 The stated effective date is the date of filing. •Includes documents establishing newly discovered reservoirs which entitles 8 The suspension period is limited to 1 day. respondent to higher ceiling rates in accordance with Opinion No. 507. 7 Increase filed pursuant to Opinion No. 567. 8 Applies only to gas well gas sales from the newly discovered reservoirs. 8 Pressure base is 15.025. » Pennzoll Producing Co. (Pennzoil) has Tex. 77001, filed in Docket No. CP70-273 the Commission will be considered by it submitted, pursuant to the provisions of an application pursuant to section 7(c) in determining the appropriate action Opinion No. 567, a proposed rate increase of the Natural Gas Act for a certificate to be taken but will not serve to make under its PPC Gas Rate Schedule 215 relative to sales of gas well gas to its affiliate, United of public convenience and necessity au­ the protestants parties to the proceeding. Gas Pipe Line Co.,9 from newly discovered thorizing the construction and operation Any person wishing to become a party reservoirs in south Louisiana. Supporting of certain natural gas facilities, all as to a proceeding or to participate as a documents, as required by Opinion No. 567, more fully set forth in the application party in any hearing therein must file a were also submitted. The proposed increase, which is on file with the Commission petition to intervene in accordance with amounting to $12,500 annually, is to a rate and open to public inspection. the Commission’s rules. that does not exceed the applicable area Applicant proposes to construct and Take further notice that, pursuant to ceiling rate. Consistent with the Commis­ operate approximately 11 miles of 16- sion's policy of suspending for 1 day in­ the authority contained in and subject creases to affiliates,10 we conclude that Penn- inch pipeline and appurtenant facilities to the jurisdiction conferred upon the zoil’s subject increase, inasmuch as it was extending from its existing 24-inch pipe­ Federal Power Commission by sections filed subsequent to April 1, 1970, deadline set line in the Block 6 Field, Main Pass 7 and 15 of the Natural Gas Act and the forth in the Commission’s order of Feb­ Area of offshore Louisiana, to the Block Commission’s rules of practice and pro­ ruary 24, 1970 (to qualify for a retroactive 95 Field in that area. Applicant states cedure, a hearing will be held without Nov. 1, 1969 effective date), be suspended for that the proposed -facilities are necessary further notice before the Commission on 1 day from the date of filing on April 16, 1970. to enable it to receive natural gas from this application if no petition to inter­ Texaco, Inc., in the Block 95 Field to vene is filed within the time required [P.R. Doc. 70-6187; Piled, May 19, 1970; replenish gas supplies used to fulfill herein, if tlie Commission on its own 8:47 a.m.] existing commitments to applicant’s review of the matter finds that a grant of [Docket No. GP70-273] customers. the certificate is required by the public The total estimated cost of the pro­ convenience and necessity. If a petition TEXAS EASTERN TRANSMISSION posed facilities is $3,355,000, which will for leave to intervene is timely filed, or CORP. be financed initially under revolving if the Commission on its own motion credit agreements. believes that a*» formal hearing is re­ Notice of Application Any person desiring to be heard or to quired, further notice of such hearing May 15, 1970. make any protest with reference to said» will be duly given. Take notice that on May 12, 1970, application should on or before June 3, Under the procedure herein provided Texas Eastern Transmission Corp. (ap­ 1970, file with the Federal Power Com­ for, unless otherwise advised, it will be plicant), Post Office Box 2521, Houston, mission, Washington, D.C. 20426, a unnecessary for applicant to appear or petition to intervene or a protest in ac­ be represented at the hearing. •Both Pennzoil Producing Co. and United cordance with the requirements of the «as Pipe Line Co. are wholly owned subsidi- Commission’s rules of practice and pro­ G o rd o n M . G r a n t , ar£®.01 Pennz°il United, Inc. cedure (18 CFR 1.8 or 1.10) and the Secretary. that do not exceed applicable regulations under the Natural Gas Act [F.R. Doc. 70-6208; Filed, May 19, 1970; (18 CFR 157.10). All protests filed with 8:48 a.m.] FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7762 NOTICES

[Docket No. CP70-193 (Phase II) ] fice Box 1642, Houston, Tex. 77001, filed Bate Maximum TRANSCONTINENTAL GAS PIPE LINE Customer sched­ day in Docket No. CP70-269 an application ule quantity pursuant to section 7(c) of the Natural CORP. (Mcf) Gas Act for a certificate of public con­ Notice of Amendment to Application venience and necessity authorizing the South Jersey Gas Co______. ______GSS 3,100 Southwestern Virginia Gas Co____ GSS 200 transportation of natural gas in inter­ May 14, 1970. U G I Corp...... GSS 100 state commerce and the construction and Take notice that on May 7, 1970, Union Gas Co...... GSS 400 operation of certain facilities necessary Union, S.C., City o f ...... GSS 100 Transcontinental Gas Pipe Line Corp. United Cities Gas Co., Georgia GSS 200 therefor, all as more fully set forth in (applicant), Post Office Box 1396, Hous­ Division. the application which is on file with Total underground storage ton, Tex. 77001, filed in Docket No. CP70- service. 70,000 the Commission and open to public 193 (Phase II) an amendment to the inspection. Brooklyn Union Gas Co., The____ PS-3 4,100 Applicant proposes to transport up to application pending in said docket by Consolidated Edison Co. of New PS-3 . 9,800 proposing specific allocations of natural York, Inc. - 20,000 Mcf of natural gas per day for gas for its existing resale customers to be Delmarva Power & Light Co...... PS-3 1,600 Pan American Petroleum Co. (Pan Amer­ Eastern Shore Natural Gas Co...... PS-3 500 served by the additional pipeline and Elizabethtown Gas Co______PS-3 1,900 ican) through an existing portion of ap­ storage services proposed in the subject Long Island Lighting C o ...... PS-3 1,800 plicant’s system in Colorado and Waller Pennsylvania Gas A Water Co___ _ PS-3 3.300 Counties, Tex. The gas is to be produced application. Philadelphia Electric C o ..:....— PS-3 4,400 Philadelphia Gas Works Division PS-3 1.900 in the Ramsey Field Area and will be Applicant proposes the following in­ of U GI Corp. delivered into applicant’s 12-inch supply creased sales and services: Public Service Electric A Gas Co..' PS-3 12,800 South Jersey Gas Co______PS-3 2.900 line and transported through its main­ UGI Corp...... PS-3 1.300 line to a point upstream of its Station 31 Bate Maximum Union Gas Co...... PS-3 300 in Waller County, where it will be rede­ Customer sched- day Clinton-Newberry Natural Gas PS-2 100 ule quantity Authority. livered to Pan American. Applicant fur­ (Mcf) Fort Hill Natural Gas Authority... PS-2 200 ther proposes to construct and operate Greenwood, S.C., City of...______PS-2 100 Kings Mountain, N.C., City of____PS-2 200 the necessary tap and side valves to en­ Brooklyn Union Gas Co., The.___ CD-3 5,700 Laurens, S.C., City o f...... PS-2 100 able applicant to receive such volumes Consolidated Edison Co. of New CD-3 3,800 Lexington, N.C., City of...... - PS-2 300 and the necessary tap, side valves, and York, Inc. North Carolina Gas Service Di- PS-2 200 Delmarva Power A Light Co...... CD-3 1,300 vision of Pennsylvania A Southern measuring facilities for the redelivery Eastern Shore Natural Gas Co____ CD-3 400 Gas Co. of said volumes to Pan American. Elizabethtown Gas Co______..... CD-3 1,500 Piedmont Natural Gas Co., Inc-----PS-2 5,900 Long Island Lighting Co...... CD-3 3,600 Public Service Co. of North Caro- PS-2 4,200 The total estimated cost of the pro­ Pennsylvania Gas A Water Co...... CD-3 2,600 lina, Inc. posed facilities is $25,200, which will be Philadelphia Electric Co...... CD-3 3,500 Shelby, N.C., City of...... ^ PS-2 200 financed by available general funds. Philadelphia Gas Works Division CD-3 3,200 Southwestern Virginia Gas Co,____ P S-2 200 of U GI Corp. Union, S.C., City of_____ .... ------PS-2 100 Any person desiring to be heard or to Public Service Electric A Gas Co— CD-3 10,200 Atlanta Gas Light Co...... PS-1 4,500 make any protest with reference to said South Jersey Gas C o ..______:.... CD-3 2,300 Buford, Ga, City of...... ------PS-1 300 Union Gas Co...... -...... - ___ CD-3 260 Monroe, Ga., City of...... PS-1 200 application should on or before June 8, Carolina Pipeline Co...... CD-2 300 Toccoa, Ga., City o f....___...... PS-1 300 1970, file with the Federal Power Com­ Clinton-Newberry Natural Gas CD-2 100 United Cities Gas Co., Georgia PS-1 200 Authority. Division. mission, Washington, D.C. 20426, a peti­ Danville, Va., City of...... CD-2 500 tion to intervene or a protest in accord­ Fort Hill Natural Gas Authority... CD-2 200 Total pipeline peaking service...... 63,900 ance with the requirements of the, Com­ Greenwood, S.C., City of______CD-2 100 Laurens, S.C., City of______CD-2 TOO Total additional service...... 188,300 mission’s rules of practice and procedure" Lexington, N.C., City of...... CD-2 200 (18 CFR 1.8 or 1.10) and the regulations North Carolina Gas Service Divi­ CD-2 200 sion of Pennsylvania A Southern The details of the proposed increased under the Natural Gas Act (18 CFR Gas Co. sales and services are more fully set forth 157.10). All protests filed with the Com­ Piedmont Natural Gas Co., Inc____ CD-2 4,700 mission will be considered by it in deter­ Public Service Co. of North Caro­ CD-2 3,400 in the amendment to the application lina, Inc. which is on file with the Commission and mining the appropriate action to be Shelby, N.C., City of...... CD-2 100 open to public inspection. taken but will not serve to make the pro- Southwestern Virginia Gas C o ...... CD-2 100 Union, S.C., City o f...... CD-2 100 Any person desiring to be heard or to testants parties to the proceeding. Any Alexander City, Ala., City of_____ CD-I 500 person wishing to become a party to a Atlanta Gas Light C o ....____.-___ CD-I 3,600 make any protest with reference to said United Cities Gas Co., Georgia CD-I 100 amendment should on or before June 8, proceeding or to participate as a party Division. 1970, file with the Federal Power Com­ in any hearing therein must file a peti­ Blacksburg, S.C., City o f...... G-2 30 tion to intervene in accordance with the Kings Mountain, N.C.. City of____ G-2 210 mission, Washington, D.C. 20426, a peti­ Bowman, Ga., City of______G -l 25 tion to intervene Or a protest in accor­ Commission’s rules. Buford, Ga., City o f-^ ..______G -l 160 Take further notice that, pursuant to Commerce, Ga., City of...... G -l 110 dance with the requirements of the East Central Alabama Gas District. G -l 100 Commission’s rules of practice and pro­ the authority contained in and subject Hartwell, Ga., City o f....______. . . G -l 125 cedure (18 CFR 1.8 or 1.10) and the to the jurisdiction conferred upon the Lawrenceville, Ga., City of______G -l 420 Federal Power Commission by sections Madison, Ga., City of______■_____ G -l 155 regulations under the Natural Gas Act Monroe. Ga.; City o f..____ ...... G -l 340 (18 CFR 157.10). All protests filed with 7 and 15 of the Natural Gas Act and the Sugar Hill, Ga., City of___ ..... ___ G -l 35 Commission’s rules of practice and pro­ Winder, Ga., City of______...... OG-1 140 the Commission will be considered by it in determining the appropriate action to cedure, a hearing will be held without Total pipeline service...... ______54,400 be taken but will not serve to make the further notice before the Commission on Atlanta Gas Light Co______GSS 4,800 Protestants parties to the proceeding. this application if no petition to inter­ Brooklyn Union Gas Co., T h e ..... GSS 10,600 Any person wishing to become a party to vene is filed within the time required Carolina Pipeline C o ...... GSS 500 herein, if the Commission on its own re­ Clinton-Newberry Natural Gas GSS 100 a proceeding or to participate as a party Authority. in any hearing therein must file a peti­ view of the matter finds that, a grant of Danville, Va., City o f . . ___... GSS 500 the certificate is required by the public Delmarva Power A Light Co...... GSS 1,700 tion to intervene in accordance with the Eastern Shore Natural Gas Co____ GSS 600 Commission’s rules. convenience and necessity. If a petition Elizabethtown Gas Co___...v ____ GSS 2,000 for leave to intervene is timely filed, or Fort Hill Natural Gas Authority... GSS 300 G ordon M. G rant, if the Commission on its own motion be­ Laurens, S.C., City of______GSS 200 Lexington, N.C., City o f ...... GSS 300 Secretary. lieves that a formal hearing is required, Long Island Lighting C o ...... GSS 4,700 [F.R, Doc. 70-6185^ Filed, May 19, 1970; further notice of such hearing will be North Carolina Gas Service Divi­ GSS 200 8:46 a.m.] sion of Pennsylvania A Southern duly given. Gas Co. • Under the procedure herein provided Pennsylvania Gas A Water Co____ GSS 3,500 [Docket No. CP70-269] Philadelphia Electric Co______GSS 4,700 for, unless otherwise advised, it will be Philadelphia Gas Works Division GSS 6,400 TRUNKLINE GAS CO. unnecessary for applicant to appear or of U G I Corp. be represented at the hearing. Piedmont Natural Gas Co., In c ... GSS 6,400 Notice of Application Public Service Co. of North GSS 4,500 G ordon M. G rant, Carolina, Inc. Secretary. ' Public Service Electric A Gas C o.. GSS 13,700 May 14, 1970. Shelby, N.C., City o f...... GSS 200 Take notice that on May 5, 1970, [F.R. Doc. 70-6186; Filed, May 19, 1970; Trunkline Gas Co. (applicant), Post Of­ 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7763

hanks is unlikely to take place in view of a national securities exchange is re­ FEDERAL RESERVE SYSTEM the relatively overbanked condition of quired in the public interest and for the the only two communities where, under protection of investors: HUNTINGTON BANCSHARES, INC. Ohio law, both banks may establish It is ordered, Pursuant to sections Order Approving Acquisition of Bank branches. Consummation of the pro­ 15(c)(5) and 19(a)(4) of the Securities posed acquisition therefore would not Exchange Act of 1934, that trading in Stock by Bank Holding Company eliminate significant existing competi­ such securities on the above-mentioned In the matter of the application of tion or foreclose significant potential exchange and otherwise than on a Huntington Bancshares Inc., Columbus, competition, and would not have undue national securities exchange be sum­ Ohio, for approval of acquisition of 80 adverse effects on the viability or com­ marily suspended, this order to be effec­ percent or more of the voting shares of petitive effectiveness of any competing tive for the period May 13, 1970, through The Lucas County State Bank, Toledo, bank. May 22, 1970, both dates inclusive. Ohio. Based upon the foregoing, the Board By the Commission. There has come before the Board of concludes that consummation of the pro­ Governors, pursuant to section 3(a)(3) posed acquisition would not have an [seal] Orval L. DuB o is, of the Bank Holding Company Act of adverse effect on competition in any Secretary. 1956 (12 U.S.C. 1842(a) (3 )), and § 222.3 relevant area. The banking factors, as [F.R. Doc. 70-6189; Filed, May 19, 1970; (a) of Federal Reserve Regulation Y (12 applied to the facts of record, are con­ 8:47 a.m.] CFR 222.3(a)), the application of Hunt­ sistent with approval of the application, ington Bancshares Inc., Columbus, Ohio and considerations relating to the con­ (Applicant), a registered bank holding venience and needs of the communities company, for the Board’s prior approval to be served lend some weight in sup­ DEPARTMENT OF LABOR of the acquisition of 80 percent or more port of approval. It is the Board’s judg­ of the voting shares of The Lucas County ment that the proposed transaction Office of the Secretary State Bank, Toledo, Ohio (Bank). would be in the public interest, and that UNIROYAL RUBBER FOOTWEAR As required by section 3(b) of the Act, the application should be approved. PLANT, WOONSOCKET, R.l. the Board gave written notice of receipt It is hereby ordered, For the reasons of the application to the Ohio Superin­ set forth above, that said application be Notice of Certification of Eligibility of tendent of Banks and requested his views and hereby is approved: Provided, That Workers To Apply for Adjustment and recommendation. The Superin­ the action so approved shall not be con­ Assistance tendent recommended approval of the summated (a) before the 30th calendar application. day following the date of this order or Under date of April 20, 1970, the U.S. Notice of receipt of the application was (b) later than 3 months after the date Tariff Commission made a report of the published in the F ederal R egister on of this order, unless such time be ex­ results of an' investigation (TEA-W-13 March 31, 1970 (35 F.R. 5375), providing tended for good cause by the Board, or andTEA-W-14) under section 301(c) (2) an opportunity for interested persons to by the Federal Reserve Bank of Cleve­ of the Trade Expansion Act of 1962 (76 submit comments and views with re­ land pursuant to delegated authority. Stat. 884) in response to a petition for spect to the proposal. A copy of the By order of the Board of Governors,1 determination of eligibility to apply for application was forwarded to the Depart­ May 12, 1970. adjustment assistance submitted on be­ ment of Justice for its consideration. half of the production and maintenance Time for filing comments and views has [seal] E lizabeth L. Carmichael, workers of the Uniroyal Rubber Foot­ expired and all those received have been Assistant Secretary. wear Plant, Woonsocket, R.I., and a considered by the Board. [P.R. Doc. 70-6171; Filed, May 19, 1970; similar petition filed on behalf of the The Board has considered the applica­ 8:45 a.m.] quality control inspectors, laboratory tion in the light of the factors set forth and technical employees, shipping clerks, in section 3(c) of the Act, including the store clerks, factory clerks, office and effect of the proposed acquisition on clerical employees, instructors, super­ competition, the financial and mana­ SECURITIES AND EXCHANGE visors, foremen, assistant foremen, and gerial resources and future prospects of general foremen, superintendents, ex­ the applicant and the banks concerned, COMMISSION ecutives, and other salaried employees at the plant. The report contained the Com­ and the convenience and needs of the [File No. 1-5765] communities to be served, and finds that: mission’s affirmative finding that, as a result in major part of concessions Applicant controls six banks (34 of­ FOUR SEASONS NURSING CENTERS OF fices) with total deposits of $588 million, AMERICA, INC. granted under trade agreements, articles like or directly competitive with plastic- representing 3 percent of the total bank Order Suspending Trading deposits in the State of Ohio. (All bank­ or rubber-soled footwear with fabric uppers produced by the Uniroyal Rubber ing data are as of June 30,1969, adjusted May 12, 1970. to reflect holding company formations Footwear Plant are being imported into The common stock, 50 cents par value, the United States in such increased and acquisitions approved by the Board of Four Seasons Nursing Centers of to date.) Upon acquisition of bank ($50 quantities as to cause unemployment or American, Inc., being traded on the underemployment of a significant num­ million deposits), applicant’s share of American Stock Exchange, the Philadel- State deposits would increase to 3.2 per­ ber or proportion of the workers of such phia-Baltimore-Washington Stock Ex­ plant. cent. The headquarters of bank and of change, and the Boston Stock Exchange, The Bank of Wood County Co., whose pursuant to provisions of the Securities Upon receipt of the Commission’s re­ acquisition by applicant was recently Exchange Act of 1934 and all other secu­ port, the Department’s Director of the approved by the Board, are located about rities of Four Seasons Nursing Centers Office of Foreign Economic Policy, Bu­ 24 miles apart. The nearest offices of of American, Inc., being traded other­ reau of International Labor Affairs, in­ these banks are located slightly over 4 wise than on a national securities ex­ stituted an investigation following which miles from each other and consumma­ change; and he made a recommendation to me relat­ tion of both acquisitions would eliminate ing to the matter of certification (Notice It appearing to the Securities and of Delegation of Authority and Notice of a small amount of existing competition Exchange Commission that the summary between them. This is offset by the en­ Investigations, 34 F.R. 18342; 35 F.R. hancement of bank’s competitive capa­ suspension of trading in such securities 6734; 29 CFR Part 90). After due bility in relation to its much larger com­ on such exchange and otherwise than on consideration, I make the following petitors in its service area which its certification: Proposed acquisition by applicant may be 1 Voting for this action: Chairman Burns Those production, maintenance, and expected to bring about. Development of and Governors Robertson, Mitchell, Daane, salaried workers of the Uniroyal Rubber further competition between the two Maisel, Brimmer, and Sherrill. Footwear Plant, located at Woonsocket,

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7764 NOTICES

R.I., who became or will become un­ tice indicates that the carrier is presently TRUCKING CO., INC., 811% Timberline employed or underemployed on or after authorized to transport passengers and Drive, Post Office Box 1384, Lufkin, Tex. June 5, 1969, are eligible to apply for ad­ the same property, over a pertinent serv­ 75902. Applicant’s representative: Mert justment assistance under title in, chap­ ice route as follows: From junction New Starnes, 904 Lavaca, Austin, Tex. 78701. ter 3, of the Trade Expansion Act of Jersey Highway 3 and the New Jersey An order of the Commission, Operating 1962. Turnpike (Interchange No. 17) over New Rights Board, dated April 29, 1970, and Jersey Highway 3 to junction U.S. High­ served May 13,1970, finds; that the pres­ Signed at Washington, D.C., this 13th way 46, thence over U.S. Highway 46 to ent and future public convenience and day of May 1970. junction U.S. Highway 611 at Columbia, necessity require operation by applicant, G eorge H. Hildebrand, N.J., thence over U.S. Highway 611 to in interstate or foreign commerce, as a Deputy Under Secretary, junction Pennsylvania Highway 307, common carrier by motor vehicle, over International Affairs. thence over Pennsylvania Highway 307 irregular routes, of newsprint, from [F.R. Doc. 70-6188; Filed, May 19, 1970; to junction U.S. Highway 11 in Scranton, points in Angelina County, Tex., to points 8:47 a.m.] Pa., thence" over U.S. Highway 11 to in Alabama, Florida, Kentucky, Missis­ Binghamton, N.Y., and return over the sippi, and Tennessee. Because it is pos­ same route. sible that other parties, who have relied upon the notice of the application as INTERSTATE COMMERCE By the Commission. published, may have an interest , in and [seal] - H. Neil G arson, would be prejudiced by the lack of proper COMMISSION Secretary. notice of the authority described in the [F.R. Doc. 70-6218; Filed; May 19, 1970; findings in this order, a notice of the [Notice 6] 8:49 a.m.] authority actually granted will be pub­ lished in the F ederal R egister and issu­ MOTOR CARRIER ALTERNATE ROUTE ance of a certificate in this proceeding DEVIATION NOTICES [Notice 45] will be withheld for a period of 30 days May 15,1970. MOTOR CARRIER APPLICATIONS AND from the date of, such publication, dur­ CERTAIN OTHER PROCEEDINGS ing which period any proper party in The following letter-notices of pro­ interest may file a petition to reopen or posals to operate over deviation routes May 15, 1970. for other appropriate relief setting forth for operating convenience only have been The following publications are gov­ in detail the precise manner in which filed with the Interstate Commerce Com­ it has been so prejudiced. mission under the Commission’s Revised erned by the new § 1.247 of the Com­ Deviation Rules-Motor Carriers of Pas­ mission’s rules of practice, published in Applications Under S ections 5 and sengers, 1969 (49 CFR 1042.2(c) (0)) and the F ederal R egister, issue of Decem­ 210a(b) ber 3, 1963, which became effective notice thereof to all interested persons is The following applications are gov­ hereby given as provided in such rules January 1, 1964. The publications hereinafter set forth erned by the Interstate Commerce Com­ (49 CFR 1042.2(c) (9 )). mission’s special rules governing notice Protests against the use of any pro­ reflect the scope of the applications as filed by applicant, and may include of filing of applications by motor car­ posed deviation rojite herein described riers of property or passengers under may be filed with the Interstate Com­ descriptions, restrictions, or limitations which are not in a form acceptable to sections 5(a) and 210a (b) of the Inter­ merce Commission in the manner and state Commerce Act and certain other . form provided in such rules (49 CFR the Commission. Authority which ulti­ mately may be granted as a result of the proceedings with respect thereto (49 CFR 1042.2(c) (9)) at any time, but will not 1.240). operate to stay commencement of the applications here noticed will not neces­ proposed operations unless filed within 36 sarily reflect the phraseology set forth MOTOR CARRIERS OF PROPERTY days from the date of publication. in the application as filed, but also will No. MC-F-10830. Authority sought for eliminate any restrictions which are not control and merger by YELLOW Successively filed letter-notices of the acceptable to the Commission. same carrier under the Commission’s Re­ FREIGHT SYSTEM, INC., 92d Street at vised Deviation Rules-Motor Carriers of Applications Assigned for Oral Hearing State Line Road, Kansas City, Mo. 64114, of the operating rights and property of Property, 1969, will be numbered consec­ MOTOR CARRIERS OF PROPERTY utively for convenience in identification SCOTT TRANSPORTATION CO., 705 and protests, if any, should refer to such No. MC 129806 (Sub-No. 4), filed April South Lugo, San Bernardino, Calif. letter-notices by number. 20, 1970. Applicant: J. MITCHKO 92408, and for acquisition by GEORGE TRUCKING, INC., Rural Delivery lr E. POWELL, 801 West 64th Terrace, Motor Carriers of P assengers Limecrest Road, Lafayette, N.J. 07848. Kansas City, Mo., GEORGE E. POWELL, No. MC 1515 (Deviation No. 545), Applicant’s representative: Morton E. JR., 1040 West 57th Street, Kansas City, GREYHOUND LINES, INC. (Eastern Kiel, 140 Cedar Street, New York, N.Y. Mo., and LESTER H. BRICKMAN, 6419 Division), 1400 West Third Street, Cleve­ 10006. Authority sought to operate as a Belinder, Shawnee Mission, Kans., of land, Ohio 44113, filed May 4, 1970. Car­ common carrier, by motor vehicle, over control of such rights and property rier proposes to operate as a common irregular routes, transporting: Salt, in through the transactiton. Applicants’ at­ carrier, by motor vehicle, of passengers package and in bulk, from facilities of torneys: Richard K. Andrews, 1500 Com­ and their bagpage, and express and news­ the Morton Salt Co. at Seneca Lake, merce Trust Building, Kansas City, Mo. papers in the same vehicle with passen­ N.Y. (Yates County), to points in Ver­ 64106, and David Axelrod, 39 South La gers, over a deviation route as follows: mont, New Hampshire, Connecticut, Salle Street, Chicago, HI. 60603. Operat­ From junction New Jersey Highway 3 Massachusetts, Rhode Island, Pennsyl­ ing rights sought to be controlled and and the New Jersey Turnpike (Inter­ vania, New Jersey, Delaware, Virginia, merged: Under certificates of registra­ change No. 17), over the New Jersey Maryland,-and the District of Columbia. tion, in Docket No. MC-120563, Subs 1 Turnpike to junction U.S. Highway 46 Note : Applicant states that the re­ and 2, covering the transportation of (Interchange No. 18) , thence over U.S. quested authority cannot be tacked with general commodities, as a common car­ Highway 46 to junction New Jersey its existing authority. rier, in interstate commerce, within the Highway 17, thence over New Jer­ HEARING: June 23, 1970, at the State of California. YELLOW FREIGHT sey Highway 17 to junction New Offices of the Interstate Commerce Com­ SYSTEM, INC., is authorized to operate York Thruway (Interchange No. 15), mission, Washington, D.C., before an as a common carrier in Arizona, Arkan­ thence over the New York Thru­ examiner to be later designated. sas, California, Colorado, Georgia, Bli- way to junction New York Highway No. MC 119988 (Sub-No. 27) (Republi­ 17 (Interchange No. 16), thence over nois, Indiana, Iowa, Kansas, Kentucky, cation), filed November 12, 1969, pub­ Michigan, Minnesota, Missouri, Nevada, New York Highway 17 to Bingham­ lished in the F ederal R egister issue of ton, N.Y., and return over the same route, December 11, 1969, and republished this New Mexico, Ohio, Oklahoma, Pennsyl­ for operating convenience only. The no- issue. Applicant: GREAT WESTERN vania, South Carolina, Tennessee, Texas,

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 197 1 NOTICES 7765

Utah, Wisconsin, Wyoming, Louisiana, certain specified points in Texas, De­ butter, from certain specified points in South Dakota, Maryland, and Virginia. catur, Ga.; Duluth, Minn.; Indianapolis, Kentucky, to Cincinnati, Ohio, butter­ Application has not been filed for tem­ Ind.; Louisville and Lancaster, Ky.; milk, in bulk, from Harrodsburg and porary authority under section 210a(b). Newark, N.J.; New Haven, Conn.; Nor­ Lexington, Ky., to Cincinnati, Ohio; Note: No. MC-112713 Sub-122 is a mat­ folk, Va.; Oklahoma City, Okla.; Or­ butter, from Cincinnati, Ohio, to certain ter directly related. lando, Fla.; Philadelphia, and Pittsburgh, specified points in Kentucky; cheese, No. MC-F-10831. Authority sought for Pa.; Portland, Maine; Providence, R X ; from Cincinnati, Ohio, to certain speci­ control and merger by ENGEL TRUCK­ and Washington, D.C.; with restriction; fied points in Kentucky; condensed ING, INC. 530 Scott Street, Chicago, 111. from Cincinnati, Ohio, to points in the whey, in containers, from Stanford, Ky., 60610, of the operating rights and prop­ United States (except Alaska and to points in Tennessee, Georgia, North erty of M AND M HEAVY HAULERS Hawaii), with restrictions; Carolina, South Carolina, and Florida; CORP., 1240 Emmitt Road, Akron, Ohio Uncrated caskets, casket displays, whey, in bulk, in tank vehicles, from 44306, and for acquisition by THOMAS funeral supplies, and crated caskets in Stanford, Ky., to points in Alabama, H. GRANT, also of Chicago, 111., of con­ mixed loads with uncrated caskets, from Delaware, Florida, Georgia, Indiana, trol of such rights and property through Lancaster, Ky., Erwin and Nashville, Maryland, North Carolina, Ohio, South the transaction. Applicants’ attorney: A. Tenn.; Cambridge, Mass.; Pittsburgh, Carolina, Tennessee, Virginia, and West Charles Tell, 100 East Broad Street, Pa.; and Waco and Dallas, Tex.; to points Virginia; and butter, margarine, cured Columbus, Ohio 43215. Operating rights in the United States (except Alaska and sausage, and, meats (frozen and cured), sought to be controlled and merged: Hawaii), from Nashua N.H. ; to points in and dry milk powder, cheese, cheese Household goods as defined by the Com­ the United States (except Alaska and products, and margarine oils (except in mission, livestock, and heavy machinery, Hawaii), with restriction; from Colum­ bulk, in tank vehicles), from Stanford as a common carrier, over irregular bus, Ohio, to points in the United States and Springfield, Ky., to points in routes, between points in Tuscarawas (except Alaska and Hawaii), with re­ Alabama, Delaware, Florida, Georgia, County, Ohio, on the one hand, and, on striction; uncrated caskets, and casket Illinois, Indiana, Maryland, Massachu­ the other, points in Ohio, Pennsylvania, displays and funeral supplies when mov­ setts, Mississippi, New Jersey, New York, and West Virginia. ENGEL TRUCKING, ing with caskets, and crated caskets when North Carolina, Ohio, Pennsylvania, INC., is authorized to operate as a com­ moving with uncrated caskets, from South Carolina, Tennessee, Virginia, mon carrier in Pennsylvania, New York, Leesville, S.C., to points in the United West Virginia, Wisconsin, and the Dis­ Ohio, Maryland, Michigan, Kentucky, States (except Alaska, Hawaii, and South trict of Columbia, with restriction. Connecticut, Delaware, Maine, Massa­ Carolina), with restriction; from Modoc, Application has not been filed for tempo­ chusetts, . Minnesota, New i Hampshire, Ind., to points in the United States (ex­ rary authority under section 210a(b). North Carolina, Rhode Island, Vermont, cept Alaska, Indiana, and Hawaii), with No. MC-F-10833. Authority sought for Virginia, Indiana, Illinois, and the Dis­ restrictions; (2) cheese and condensed purchase by GUS VANDER POL AND trict of Columbia. Application has been whey, as a contract carrier over irregular HENRY VANDER POL, doing business filed for temporary authority under sec­ routes, from Stanford, Ky., to Cincinnati, as OAK HARBOR FREIGHT LINES, tion 210a(b). Ohio, serving no intermediate points; 6314 Seventh Avenue South, Seattle, No. MC-F-10832. Authority sought for cheese, "butter, and powdered milk, from Wash. 98108, of the operating rights of (1) purchase by CASKET DISTRIBU­ Cincinnati, Ohio, and Stanford, Ky., to JAMES A. POWELL, doing business as TORS, INC., Rural Route No. 2, West points in Alabama and Virginia; oleo­ GRANITE AUTO FREIGHT, 229 Dorn Harrison, Ind. 45030, of the operating margarine, from Stanford, Ky., to points ■Avenue, Everett, Wash. 98201. Applicant’s rights of EDGAR BISCHOFF, doing in Alabama, Florida, Georgia, North attorney: Carl A. Jonson, 400 Central business as CASKET DISTRIBUTORS, Carolina, South Carolina, Tennessee, and Building, Seattle, Wash. 98104. Operating Rural Route No. 2, West Harrison, Ind. Virginia, from Cincinnati, Ohio, to points rights sought to be transferred: General 45030, and for acquisition by EDGAR in Alabama and Virginia, with restric­ commodities, excepting, Among others, BISCHOFF, also of West Harrison, Ind. tion; from Cincinnati, Ohio, to points in classes A and B explosives, household 45030, of control of such rights through Tennessee, North Carolina, South Caro­ goods, and commodities in bulk, as a the purchase; and (2) control by EDGAR lina, Georgia, and Florida, with common carrier, over regular routes, BISCHOFF, Rural Route No. 2, West restrictions; between Everett, Wash., and Granite Harrison, Ind. 45030, of ARROW Powdered milk, from Cincinnati, Ohio, Falls, Wash., serving the intermediate TRANSFER, INC., Rural Route No. 2, to points in Florida, Georgia, North and off-route points of Machias, Hart­ West Harrison, Ind. 45030. Applicants’ Carolina, South Carolina, and Tennessee, ford, and Lake Stevens, Wash., and those attorney: Jack B. Josselson, 700 Atlas from Stanford, Ky., to Cincinnati, Ohio, within 2 miles of the specified route, Bank Building, Cincinnati, Ohio 45202. and points in Tennessee, North ■between .Granite Falls, Wash., and Big Operating rights sought to be (1) trans­ Carolina, South Carolina, Georgia, Four Inn, Wash., serving the off-route ferred and (2) controlled: (1) Caskets, and Florida, with restriction; oleo­ logging and mining camps within 6 and casket displays and funeral supplies margarine, in vehicles equipped miles of the specified route, unrestricted; when moving with caskets, -as a contract with mechanical refrigeration, from and all intermediate points, subject to carrier over irregular routes, from the Cincinnati, Ohio, to certain speci­ exceptions as Specified above. Vendee is plantsite of the Batesville Casket Co., fied points in Kentucky, with restriction; authorized to operate as a common Inc., of Batesville, Ind., to points in the acid, cleansing compounds or solutions, carrier in the State of Washington. United States (except Alaska and cleansing apparatus, cream or milk test­ Application has been filed for temporary Hawaii), from Lancaster, Ky., certain ing and weighing apparatus, dnd station­ authority under section 210a(b). specified points in New York; Baltimore, ery supplies, between Cincinnati, Ohio, No. MC-F-10834. Authority sought for Md.; Boston and Cambridge, Mass.; on the one hand, and, on the other, purchase by GROENDYKE TRANS­ Chicago, HI.; Cincinnati and Cleveland, certain specified points in Kentucky; PORT, INC., 2510 Rock Island Boule­ Ohio; certain specified points in Texas, cheese and butter, from Cincinnati, vard, Enid, Okla. 73701, of a portion of Decatur, Ga.; Erwin and Nashville, Ohio, and Covington and Stanford, Ky., the operating rights of SMITH TRAN­ Tenn.; Duluth, Minn.; Indianapolis, Ind.; to . Middlesboro, Ky., points in North SIT, INC., 1200 Simons Building, Dallas, Louisville, Ky.; Newark, N.J.; New Haven, Carolina (except Asheville, N.C.) ,'South Tex. 75201, and for acquisition by Conn.; Norfolk, Va.; Oklahoma City, Carolina (with exceptions), and points GROENDYKE INVESTMENT, INC., and Okia.; Orlando, Fla.; Philadelphia and in Georgia, and Tennessee, with restric­ in turn by H. C. GROENDYKE, both Pittsburgh, Pa.; Portland, Maine; Provi­ tion; from Cincinnati, Ohio, and Coving­ also of Enid, Okla., of control of such dence, R.I.; and Washington, D.C.; from ton and Stanford, Ky., to Asheville, rights through the purchase. Applicants’ Waco and Dallas, Tex., to Erwin, Tenn., N.C., and certain specified points in attorneys: Alvin J. Meiklejohn, Jr., 420 and Lancaster, Ky.; from Erwin, Tenn., South Carolina, and points in Florida; Denver Club Building, Denver, Colo. to Lancaster, Ky.; from Nashville, Tenn., cream, butter, and empty milk cans, 80202, and William D. White, 2505 Re­ to certain specified points in New York; between Cincinnati, Ohio, on the one public Bank Tower, Dallas, Tex. 75201. Baltimore, Md.; Boston, Mass.; Chicago, hand, and, on the other, certain speci­ Operating rights sought to be trans­ HI.; Cincinnati and Cleveland, Ohio; fied points in Kentucky; cream and ferred: Liquid chemicals, in bulk, in tank

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 7766 NOTICES vehicles, as a common carrier, over ir­ (except Kingsport, Tenn.), Utah, Wash­ ties in bulk, between Connersville, Ind., regular routes, from Texas City, Tex., to ington, Wisconsin, and Wyoming, with and College Corner, Ohio, serving all in­ points in Alabama, Arkansas, Kansas, restriction; liquid chemicals (except termediate points and the off-route point Louisiana, Mississippi, Missouri, New liquefied petroleum gas), in bulk, in tank of Brownsville, Ind.; general commodi­ Mexico, and Oklahoma, from points in vehicles, from Bishop and Corpus Christi, ties, except those of unusual value, and Nueces, County, Tex. (except from Tex., to points in North Dakota, Oregon, household goods as defined by the Com­ Bishop, Tex., to Baton Rouge, Lake Washington, and Wyoming, with re­ mission, between Cincinnati, Ohio, and Charles, and New Orleans, La., and striction; and chemicals, in bulk, except College Comer, Ohio, serving all inter­ Oklahoma City, Okla.), to points in those sold for use as fertilizer, from the mediate points; general commodities, ex­ Alabama (except Fox), Arkansas, Kan­ plantsite of Union Carbide Corp. at or cepting, among others, household goods, sas, Louisiana, Mississippi, Missouri, near Taft, St. Charles Parish, La., to classes A and B explosives, and commodi­ New Mexico, and Oklahoma, between points in Texas, from the plantsite of ties in bulk, over irregular routes, be­ points in area composed of points in Hooker Chemical Carp, at or near Taft, tween Oxford, Ohio, on the one hand, Galveston County, Tex., and points in St. Charles Parish, La., to points in and, on the other, points in Ohio within that part of Harris County, Tex., south Texas, from the plantsites of Union Car­ a radius of 50 miles of Oxford; general of a straight line through Crosby and bide Corp. at Brownsville, North Sea­ commodities, except household goods as Humble, Tex., extending to the boundary drift, and Texas City, Tex., to the plant- defined by the Commission, commodi­ line of Harris County; between certain site of Union Carbide Corp. at or near ties in bulk, and those requiring special specified points in Texas, jyith no serv­ Taft, St. Charles Parish, La., with re­ equipment, between points in Ohio and ices between points in Galveston County, strictions. Vendee is authorized to oper­ Indiana within 40 miles of Oxford, Ohio; Tex., and those in Harris County, Tex., ate as a common carrier in all points in prepared roofing and roofing material, south of a straight line through Crosby the United States (except Alaska and from Joliet, HI., to Marion, Ind.; build­ and Humble, Tex., extending to the Hawaii). Application has been filed for ing materials and supplies, and iron and boundary line of Harris County, Tex., temporary authority under • section steel articles, between Oxford, Ohio, and with restrictions; 210a(b). points within 25 miles thereof, on the Glycols, in bulk, in tank vehicles, from No. MC-F-10835. Authority sought one hand, and, on the other, points in North Seadrift, Tex., to points in Ala­ for control by CHIPPEWA MOTOR Ohio, and that part of Indiana south of bama, Arkansas, Kansas, Louisiana, FREIGHT, INC., 2645 Harlem Street, U.S. Highway 24 and east of U.S. High­ .Mississippi, Missouri, New Mexico, and Eau Claire, Wis. 54701, of McCLAIN way 41, including points on the indi­ Oklahoma; alcohols, acetates, ketones, DRAY LINE, INC., Marion, Ind. 46952, cated portions of the highways specified; glycols, and their compounds and deriv­ and for acquisition by FRANK BAB­ iron and steel articles, from the plant- atives, in bulk, in tank vehicles, from BITT, also of Eau Claire, Wis., of con­ site of Jones & Laughlin Steel Corp. lo­ Bishop, Tex., to points in Alabama, trol of McCLAIN DRAY LINE, INC., cated in Putnam County, HI., to points Arkansas, Kansas, Mississippi, Missouri, through the acquisition by CHIPPEWA in Indiana and Ohio, with restrictions; Oklahoma (except Oklahoma City), and MOTOR FREIGHT, INC. Applicants’ at­ and materials, equipment, and supplies Louisiana (except Baton Rouge, Lake torneys: Axelrod, Goodman, Steiner and used in the manufacturing and process­ Charles, and New Orleans); nitrogen Bazelon, 39 South La Salle Street, Chi­ ing of iron and steel articles, from points compounds, from North Seadrift, Tex., cago, HI. 60603. Operating rights sought in Indiana and Ohio, to the plantsite of to points in Alabama, Arizona, Arkansas, to be controlled: General commodities, Jones & Laughlin Steel Corp., located in Colorado, Kansas, Louisiana, Mississippi, excepting, among others, classes A and Putnam County, HI., with restrictions. New Mexico, Oklahoma, and Utah; B explosives, household goods, and com­ Vendee is authorized to operate as a nitrogen compounds when contaminated modities in bulk, as a common carrier, common carrier in Wisconsin, Minne­ or otherwise unfit for their intended use, over regular routes, between Marion, sota, Hlinois, Indiana, and Iowa. Appli­ from points in Alabama, Arizona, Arkan­ Ind., and Chicago, 111., serving certain cation has been filed for temporary au­ sas, Colorado, Kansas, Louisiana, Missis­ intermediate points, between Marion, thority under section 210a(b). sippi, New Mexico, Oklahoma, and Utah, Ind., and Anderson, Ind., serving the in­ . By the Commission. to North Seadrift, Tex., with restriction; termediate point of Alexandria, Ind., liquid chemicals; from the plantsite of and certain off-route points, between [ seal] H. Ne il G arson, Jefferson Chemical Co. in Montgomery Marion, Ind., and Muncie, Ind., serving Secretary. County, Tex., to points in Georgia, Illi­ certain intermediate points, between [F.R. Etoc. 70-6219; Filed, May 19, 1970; nois, Indiana, Mississippi, Missouri, Ohio, Marion, Ind., and Muncie, Ind., serving 8:49 a.m.] . North Carolina, South Carolina, and no intermediato points, but serving cer­ Wisconsin; flour, in bulk, between points tain off-route points, between Marion, in Oklahoma, Texas, Louisiana, Arkan­ Ind., and Muncie, Ind., serving the in­ [Notice 79] sas, and New Mexico; flour, in bulk, in termediate points of Gas City and MOTOR CARRIER TEMPORARY tank vehicles, from Atchison, Kans., to Hartford City, Ind., and the off-route AUTHORITY APPLICATIONS points in Iowa, Nebraska, and Missouri, points of Alexandria and Jonesboro, Ind., from Portland, Oreg., to points in Wash­ between Richmond, Ind., and Muncie, May 15,1970. ington, and points in that part of Cali­ Ind., serving no intermediate points, be­ The following are notices of filing of fornia on and north of U S. Highway 40, tween Muncie, Ind., and Connersville, applications for temporary authority from Springfield, 111., and Louisville, Ky., Ind., between New Castle, Ind., and under section 210a (a) of the Interstate to points in Indiana and Ohio; sodium Richmond, Ind., serving all intermediate Commerce Act provided for under the arsenite, in bulk, ip tank and hopper-type points; between Cincinnati, Ohio, and new rules of Ex Parte No. MC-67 (49 vehicles, from Texarkana, Ark., to Mexia Hamilton, Ohio, serving no intermedi­ CFR Part 1131), published in the F ederal and Orange, Tex.; ate points, between Hamilton, Ohio, and R eg ister, issue of April 27, 1965, effec­ Refined tall oil, and fatty acids de­ Millville, Ohio, serving all intermediate tive July 1,1965. These rules provide that rived from vegetable oil, in bulk, in tank points, with restriction; between Hamil­ protests to the granting of an applica­ vehicles, from Panama City, Fla., to ton, Ohio, and Oxford, Ohio, between tion must be filed with the field official points in Oklahoma and Texas (except junction Ohio Highways 177 and 130, named in the F ederal R egister publica­ points in Harris County, Tex.), with re­ and McGonigle, Ohio, serving all inter­ tion, within 15 calendar days after the striction; animal and poultry medicines, mediate 'points, between Oxford, Ohio, date of notice of the filing of the apph- liquid, in bulk, in tank vehicles, from the. and Richmond, Ind., serving all inter­ cation is published in the F ederal R eg­ plantsite of Jefferson Chemical Co., at mediate points, and the off-route points ist e r . One copy of such protests must be Austin, Tex., to points in California, of Boston and Kitchell, Ind., over nu­ served on the applicant, or its authorized Arizona, Arkansas, Idaho, Illinois, Indi­ merous alternate routes for operating representative, if any, and the protests ana, Iowa, Kansas, Kentucky, Minnesota, convenience only; must certify that such service has been Mississippi, Missouri, Montana, Ne­ General commodities, except those of braska, Nevada, North Dakota, Okla­ unusual value, household goods as de­ made. The protests must be specific as to homa, Oregon, South Dakota, Tennessee fined by the Commission, and commodi­ the service which such protestant can

FEDERAL REGISTER, VOL. 35, NO. 98— WEDNESDAY, MAY 20, 1970 NOTICES 7767 and will offer, and must consist of a visor). Send protests to: District Su­ ticles distributed by meat packinghouses signed original and six copies. pervisor Lyle D. Heifer, Interstate as described in sections A and C of ap­ A copy of the application is on file, Commerce Commission, Bureau of Op­ pendix I to the Report in Descriptions and can be examined at the Office of the erations, 135 West Wells Street, Room in Motor Carrier Certificates, 61 M.C.C. Secretary, Interstate Commerce Com­ 807, Milwaukee, Wis. 53203. 209 and 766, between points in Cache mission, Washington, D.C., and also in No. MC 126472 (Sub-No. 11 TA), filed County, Utah, and points in California, field office to which protests are to be May 13, 1970. Applicant: WILLCOXSON Nevada, Montana, Idaho, Oregon, Wash­ transmitted. TRANSPORT, INC., Post Office Box 16, ington, Colorado, Wyoming, and Arizona, Bloomfield, Iowa 52537. Applicant’s rep­ under a continuing contract with E. A. M otor Carriers of P roperty resentative: Kenneth F. Dudley, Post Of­ Miller & Sons Packing Co., Inc., for 180 No. MC 107496 (Sub-No. 779 TA ), filed fice Box 279, Ottumwa, Iowa 52501. Au­ days. Supporting shipper: E. A. Miller & May 13,1970. Applicant: RUAN TRANS­ thority sought to operate as a common Sons Packing Co., Inc., Hyrum, Utah PORT CORPORATION, Third and carrier, by motor vehicle, over irregular 84319 (Ernest J. Miller, Vice President). Keosauqua Way, Des Moines, Iowa routes, transporting: Dry fertilizer and Send protests to: John T. Vaughan, Dis­ 50309. Applicant’s representative: H. L. fertilizer compounds, in bulk, in conveyor trict Supervisor, Interstate Commerce Pabritz (same address as above). Au­ trailers, from the facilities of Chevron Commission, Bureau of Operations, 6201 thority so'ught to operate as a common Chemical Co. at or near Fort Madison, Federal Building, Salt Lake City, Utah carrier, by motor vehicle, over irregular Iowa, to points in Illinois and Missouri, 84111. routes, transporting: Dry malt, in bulk, for 180 days. Supporting shipper: Chev­ No. MC 134590 TA, filed May 11, 1970. in pneumatic tank vehicles, from Min­ ron Chemical Co., Post Office Box 282, Applicant: EASCO CORP., 4616 North neapolis, Minn., to Rice Lake, Wis., for Fort Madison, Iowa 52627. Send protests Broadway, St. Louis, Mo. 63147. Appli­ 150 days. Supporting shipper: Fleisch- to: Ellis L. Annett, District Supervisor, cant’s representative: B. W. LaTourette, mann Malting Co., Inc., 410 Grain Ex­ Interstate Commerce Commission, Bu­ Jr., 611 Olive Street, Room 1850, St. change, Minneapolis, Minn. 55415. Send reau of Operations, 677 Federal Building, Louis, Mo. 63101. Authority sought to op­ protests to: Ellis L. Annett, District Su­ Des Moines, Iowa 50309. erate as a common carrier, by motor ve­ pervisor,. Interstate Commerce Commis­ No. MC 127867 (Sub-No. 5 TA), filed hicle, over irregular routes, transporting: sion, Bureau of Operations, 677 Federal May 13, 1970. Applicant: TRANSOL New Furniture and Furnishings, crated, Building, Des Moines, Iowa 50309. COMPANY, 116 Forest Avenue, Des from St. Louis, Mo., to points in Mis­ No. MC 108341 (Sub-No. 26 TA), Moines, Iowa 50314. Applicant’s repre­ souri and Illinois, within a 200-mile ra­ filed May 11, 1970. Applicant: MOSS sentative: William L. Fairbank, 610 dius of St. Louis, Mo., restricted to ship­ TRUCKING COMPANY, INC., Post Of­ Hubbell Building* Des Moines, Iowa ments having a prior rail movement, for fice Box 8409, Charlotte, N.C. 28208. 50309. Authority sought to operate as a 180 days. Supporting shippers: There Authority sought to operate as a common contract carrier, by motor vehicle, over are approximately 28 statements of sup­ carrier, by motor vehicle, over irregular irregular routes, transporting: Solvents, port attached to the application, which routes, transporting: Architectural pre­ from Avondale, Mo., to points in Iowa, may be examined here at the Interstate cast stone, from Greensboro, N.C., to points in Nebraska in the Omaha, Nebr., Commerce Commission in Washington, New York, N.Y., for 180 days. Support­ commercial zone, and points in Illinois in D.C., or copies thereof which may be ing shipper: Exposaic Industries, Inc., the Rock Island-Moline commercial zone, examined at the field office named below. Post Office Box 15027, Winston-Salem, for 180 days. Supporting shipper: Barton Send protests to: District Supervisor N.C. 27103. Send protests to: Jack K. Solvents, Inc., Barton Solvents Co., Bar­ J. P. Werthmann, Bureau of Operations, Huff, District Supervisor, Interstate ton Naphtha Corp., Post Office Box 221, Interstate Commerce Commission, Room Commerce Commission, Bureau of Oper­ Des Moines, Iowa 50301. Send protests to: 3248, 1520 Market Street, St. Louis, Mo. ations, 316 East Morehead, Suite 417 Ellis L. Annett, District Supervisor, In­ 63103. (BSR Building), Charlotte, N.C. 28202. terstate Commerce Commission, Bureau No. MC 108380 (Sub-NO. 78 TA ), filed of Operations, 677 Federal Building, Des By the Commission. May 11, 1970. Applicant: JOHNSTON’S Moines, Iowa 50309. [sea l] H. Ne il G arson, FUEL LINERS, INC., Post Office Box No. MC 133655 (Sub-No. 30 TA ), filed Secretary. 100, 808 Birch Street, Newcastle, Wyo. May 11, 1970. Applicant: TRANS­ NATIONAL TRUCK, INC., Post Office [P.R. Doc. 70-6220; Filed, May 19, 1970; 82701. Applicant’s representative: Tru­ 8:49 a.m.] man Stockton, The 1650 Grant Street Box 4168, Amarillo, Tex. 79105. Appli­ Building, Denver, Colo. 80203. Authority cant’s representative: Harley E. Laugh- sought to operate as a common carrier, lin (same address as above). Authority [Notice 537] by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Petroleum and petroleum by motor vehicle, over irregular routes, MOTOR CARRIER TRANSFER products, from points in Rosebud County, transporting: Meat, meat products, meat PROCEEDINGS Mont., to points in Campbell County, byproducts and articles distributed by M ay 15,1970. Wyo., for 120 days. Supporting shipper: meat packinghouses, as defined by the Application filed for temporary au­ N. C. Ginther Gasoline Plants, Box 1759, Commission, from points in Deaf Smith thority under section 210(a) (b) in Gillette, Wyo. 82716. Send protests to: County, Tex., to points in Massachusetts, connection with transfer application Paul A. Naughton, District Supervisor, Pennsylvania, New Jersey, New York, under section 212(b) and Transfer Rules, Interstate Commerce Commission, Bu­ Maryland, Nevada, Colorado, and Los 49 CFR Part 1132: reau of Operations, Room 204 Lierd Angeles, Calif., for 180 days. Supporting Building, 259 South Center Street, Cas- shippers: Caviness Packing Co., Inc., Post No. MC-FC-72153. By application filed Per, Wyo. 82601. Office Box 790, Hereford, Tex. 79045; May 13, 1970, THE AIRFIELD SERVICE No. MC 124078 (Sub-No. 434 TA ), filed Wilson Beef & Lamb Co., Post Office Box •COMPANY, 193 Turnpike Road, Windsor May 13, 1970. Applicant: SCHWERMAN 1858, Hereford, Tex. 79045. Send pro­ Locks, Conn., seeks temporary authority TRUCKING CO., 611 South 28th Street, tests to: Haskell E. Ballard, District Su­ to lease the operating rights of JOHN Milwaukee, Wis. 53246. Applicant’s rep­ pervisor, Interstate Commerce Commis­ S T E L M A S Z E K and PASQUALE resentative: Richard H. Prevette (same sion, Bureau of Operations, 918 Tyler CIAMPI, 12 High View Road, New Mil­ address as above). Authority sought to Street, Amarillo, Tex. ^9101. ford, Conn., under section 210a(b). The operate as a common carrier, by motor No. MC 133671 (Sub-No. 1 TA), filed transfer to THE AIRFIELD SERVICE vehicle, over irregular routes, transport­ May 11, 1970. Applicant: MILLER COMPANY, of the operating rights of ing: Anhydrous ammonia, in bulk, in BROS. CO., INC., Post Office Box 1, Hy- JOHN STELMASZEK and PASQUALE tank vehicles, from Van Wert, Ohio, to rum, Utah 84319. Applicant’s representa­ CIAMPI, is presently pending. Points in Indiana, Kentucky, Michigan, tive: William J. M. Dalgliesh, 419 Judge By the Commission. and West Virginia, for 150 days. Sup- Building, Salt Lake City, Utah 84111. Si?1'!'^ shipper: USS Agri-Chemicals, Authority sought to operate as a con­ [seal] H. Ne il G arson, Division of United States Steel Corp., 30 tract carrier, by' motor vehicle, over ir­ Secretary. Pryor Street SW., Atlanta, Ga. 30301; regular routes, transporting: Meat, meat [F.R. Doc. 70-6221; Filed, May 19, 1970; i Bruce N. Maney—Motor Carrier Super­ products and meat byproducts and ar­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 20, 1970 No. 98------7 7768 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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 May.

3 CFR page 8 CFR Page 14 CFR— Continued Page P roclamations : 100______7249 127______7293 3982 _____ 6999 103______7284 202 ______7109 3983 ____ 7105 204 _____ 7284 203 _;______7110 3984 ____ 7169 205 ______„ 7285 205______7110 212______y______7637 207 ______7295 E xecu tive Orders 238______7285, 7638 208 ______7295, 7694 July 2, 1910 (revoked in part 242______7638 212______7297 by PLO 4814)______7255 P roposed R u l e s : 214______7298 March 28, 1924 (revoked by 103___ 7018 221______JL 7298 PLO 4812) ______7254 214—:____ 70.18 287__ —______7110 April 17,1926 (revoked in part 295;______7298 by PLO 4813)______7255 298_____ 7695 9 CFR 302______7111 5 CFR 71______- ______7249 376______7111 76______6958, 213——______6957, P roposed R u l e s : 7123, 7124, 7171, 7283, 7426, 7493, 7004, 7066, 7107, 7175, 7285, 7370, 7376, 7412, 7505, 7638, 7723, 7724 39_____ 6967, 7185, 7435, 7436, 7655 7559 71______6968, 550______- ______7171 78______7692 327______7724 6969, 7186, 7303-7305, 7384, 7436, P roposed R u l e s : 7584-7586, 7656-7658, 7703 7 CFR 73______6969 19______7493 109___ 7652 75______7020, 7305 51 ______6957, 7249113 ______7652 91______7020 53______- ___ 7064 114 ____ 7652 121—______7021, 7083 201______7411121______7652 127______7083 301______7001, 7002, 7361 207 ______.'I______7587 354______- ______7689 10 CFR 208 ______7587 404______1 ______7361 7285 212______— 7587 411______7361 2 ______7639, 7640 214______— 7587 724______50_ 7364______7640 221______7513 77b______6958,70 7495 ______7640 249-______7587 798______7172 150______- ______7640, 7725 295™ ______7587 877______7064 399______7587 905______- ______7411 907 ______;___ 7172, 7503 12 CFR 15 CFR 1______7549 908 ______- ______7173, 7504, 7637 371______— 7379 910______7003, 7283, 7362, 7637, 7691 207______6959, 7376 1000_____ 7220, 7228 917 ______7064 212______——______7726 918 _____ — ______7362, 7723 220 ______7249, 7376 P roposed R u l e s : 944___ 7504 221 ______6959, 7250, 7377 1000______7183 959______7065 226______- ___ 7550 966______7003 545______7377, 7693 16 CFR 1041______7173 561______’7377 13______7007-7009, 7298, 7507-7511 563______7377, 7693 P roposed R u l e s : 1097______7283 608______- 7005 1102______7283 90______—- ______- — 6969 P roposed R u l e s : 1108______7283 425 ______7437 545______7130 426 ______7744 1201______7066 563______I ______7131 502______—— 7705 1421______7363, 7504 1485______7505 13 CFR 17 CFR 1600______— 7505 121____ 7726 240 ______7643, 7644 P roposed R u l e s : 249______— 7068 26——______7739 14 CFR P roposed R u l e s : 29—______7427 21 7292 970 „ 7132 58______- ______—— 7739 25______7108 724 ______7738 29______— 7293 18 CFR 725 ______7075 37______6914, 7641 ___ 7511 Ch. IX ______7077 39______6916, 9^n - _ __ 7010 914:______7183 6917, 7006, 7051, 7293, 7294, 7378, 260______6960, 7412 981______7428 7551,7552 690 _ _ 7379 1005 ______6965 4 3 „ ______1______7641 P roposed R u l e s : 1006 _____ 7023 6 1 ______7007 __ 7385 1007 ______7566 71______6917, ? 157______7262, 7385 1012 ______7023 7051, 7108, 7109, 7175-7177, 7237, __ 7262 1013______——______7023 7294, 7378, 7379, 7412, 7552, 7553, 201 2J4 „ 7262 1032______7082 7694 _ 7262 1033 ______6965 73— ______—— 6917, 7051, 7295, 7553 260 1034 ______6965 75______7051, 7109, 7553 1035 ______6965 19 CFR 91______— 7108, 7293 7299, 7645 1041_____ 6965 9 7 „ ______6918, 7052, 7237, 7506 1050______7082 121______:_____ 7108, 7293, 7641 FEDERAL REGISTER 7769 21 CFR page 32 CFR Pa«e 43 CFR— Continued page 2 ______7068, 7299 51C------7253 P ublic L and Orders— Continued 3 ______7696 888c_:______7562 4812 ______7254 2 7 ______7645 4813 ______7255 53— ______------7178 32A CFR 4814 ______7255 120___ 7178, 7179, 7300, 7553, 7554, 7696 BDSA(Ch.VI): 4815 ______f ______7255 121___ 7068, 7180, 7414, 7646, 7697, 7734 M-11A______7648 4816 ______7255 130______7250 M-11A, Dir.1 ______7648 4817 ______7256 135b-.:______7253 M-11A, Dir.2______7648 4818 ______7256 135c___ — ______— 7181, 7380, 7697 4819 ______7256 P roposed R u l e s : 135e______7300, 7734 4820 ______7256 135g______7181, 7300, 7734 Ch. X ______7305 146 ______7250 P roposed R u les : 147 ______7735 33 CFR 3400______7737 148e______7647 148k______7415 117______7182 45 CFR 148m______7647 126______7556 204______— _____ 7649 102______7334 191______7415 155______7256 3i0______7069 207______7512 233______7301 Proposed R u les : P roposed R u l e s : P roposed R u l e s : 110____ ,______7019 19______7568 250______7654 27______7654 117______7513 120______7569 401______7189 46 CFR 135—______— 7569 144______7569 36 CFR 66______7651 191______7303 7— ______7556 47 CFR P roposed R u les : 1______7117 22 CFR 50______7439 41------'______7554 63—______^______7259 38 CFR 64______7259 24 CFR 73 ______6913, 17______7380 7118, 7259, 7417, 7558, 7730-7732 36______7728 200 ______7381 74 ______7118 201 ___ 7649 1665______7697 39 CFR 83______6913 1914 ______7012, 7560 Ch. I______7416 97______7259 1915 ------7013, 7561 142_____ 7382 P roposed R u l e s : Proposed R u l e s : P roposed R u les : 64______7609 1905______7655 135______— 7018 73____ 7262 138______, ______7427 83-______7743 26 CFR 13------7011, 7300 41 CFR 49 CFR 31------7070 1-16______7070 71______7733 143— ------6962, 7727 5A-1______7254 173______—_____ 7120, 7121, 7700 147______7555 5A-2______7416 601------7111 1001______7512 5A-3— . ___ 7416, 7728 1033 ______7016 Proposed R u l e s : 5A-73______7649, 7729 1034 ______7017 31------__ 7125 5A-76______7729 101-26__ 7182, 7301, 7650 1036______7121 28 CFR 101-28______7650 1048______— 7701 1056— ______7123 9------— ------7013 101-32— ______7557 1112______— 7651 29 CFR 42 CFR 1134______7559 78______- ____ 7699 P roposed R u l e s : 8— ------7016 526------7727 P roposed R u l e s : 173______7127 192______7127 670______6963 81______7082, 7740 90_!______7260 567______6969 678------6963 571______7187, 75C6 790------____------_ 7382 43 CFR 1061______7703 30 CFR 3130______— 7416 50 CFR 301...... 7181, 7132 P ublic L and O rders: 1230 (revoked in part by PLO 33______— 7123, 7382, 7734 31 CFR 4815)______7255 80______7017 1767 (revoked in part by PLO 210______7070 500------6963, 7728 4818)______7256 P roposed R u l e s : Proposed R u l e s : 4810 ______7117 273______7737 10------7565 4811 ______7117 280______7438

United States Government Organization MANUAL 1 9 6 9 -7 0 know your government

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Fédéral Government, published by the Office of the Federal Register, GSA. 00 . t *3 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.