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SATURDAY, OCTOBER 9, 1971

WASHINGTON, D.C.

Volume 36 E Number 197 -

Pages 19661-19893 0

PART I 1934
(Part If begins on page 19801)

HIGHLIGHTS OF THIS ISSUE


This listing does not affect the legal status
of any document published in this Issue. Detailed
table of contents appears Inside.

APPALACHIAN TRAIL-National Park Service an-


nouncement of selection of National Scenic Trail
route ..............................................
........
19802
PLANT QUARANTINE-USDA regulation to pre-
vent spread of giant African snail ...........19667

RURAL HOUSING-USDA regulations pertaining


to loans on leasehold interests in nonfarm real
estate -............................. 19670
AIRLINES-CAB amendment providing for con-
fidential treatment of settlement documentation.. 19678
UNFAIR TRADE PRACTICES-FTC cease and
desist orders on false advertising, price fixing,
misbranding, and flammable fabrics (19 docu-
ments) .............................................. 19679-19693
VESSEL REPAIRS-Customs Bur. amendment
extending time to protest dutiability from 60 to
90 days; effective 10-9-71 .........
.........
_.........
19693
COASTWISE TRANSPORTATION-Customs Bur.
amendment regarding registered vessels of the
Republic of Korea; effective 10-9-71 ....... 19693
ANTIBIOTICS-
FDA revocations of certification for troches,
certain shampoos, combination drugs (3 docu-
ments) .....................19694,19695
FDA reclassification of certain antifungal prep-
arations; comments within 30 days .........19710
(Continued inside)

No.197-Pt. I- 1
HIGHLIGHTS-Continued
LOW EMISSION VEHICLES-EPA procedures for AIR CHARTERS--CAB notice of proposed inter-
possible purchase by Federal Government of cer- national organization ........................................- 19714
tain motor vehicles; effective 10-9-71 .......... 19697
TEXTILES-interagency Textile Admin. Comm.
FOOD STANDARDS-FDA proposal on use of correlation of textile and apparel categories with
anhydrous milkfat and dehydrated cream in proc- the Tariff Schedules of the United States
essed cheese; comments within 60 days-------- 19703 Annotated .......................................................... 19722
CHILD PROTECTION PACKAGING STANDARDS- WORKMEN'S COMPENSATION-National Com-
FDA extension of time for filing comments to mission announcement of hearings on 11-15-71
10-31-71- ................................................... 19703
and 11-16-71 ................................................ 19739
TRUTH IN LENDING-
FRS amendment adding Columbus Day as a INSURED MORTGAGES-HUD proposal prohib-
nonbusiness day in relation to right of re- iting kickbacks by mortgagees to real estate
scission ---------------------------------------------------- 19671 agents and others; comments by 11-8-71 .......... 19703
FRS proposal relating to leap year treatment
for general disclosure requirements; comments FISHING VESSELS-Commerce Dept. regulations
by 11-15-71 -------------------------------------------- 19706 on Capital Construction Fund agreements; effec-
FOOD ADDITIVES-FDA notice of withdrawal of tive 10-9-71 ................................... 19699
petition regarding fish protein concentrate .......... 19710 MOTOR
VEHICLE SAFETY-DoT proposal regard-
NEW DRUGS-FDA withdrawal of approval of ing occupant crash protection; comments by
valethamate; comments within 30 days ------ 19710 11-15-71 ........................................... 19705

Contents
AGRICULTURAL RESEARCH. Notices CONSUMER AND MARKETING
SERVICE Hearings,etc.: SERVICE
Rules and Regulations Frontier Airlines, Inc --------- 19714 Rules and Regulations
Plant pest regulations governing International Air Charter Asso-
ciation -----------------
Cranberries grown in certain
interstate movement of certain 19714 States; free and restricted per-
products and articles; giant International Air Transport As- centages, standard of grade for
African snail ------------- 19667 sociation (2 documents) ____ 19717 withheld cranberries, and with-
New York-San Juan cargo rates holding requirements --------- 19668
AGRICULTURE DEPARTMENT investigation ------------ 19718 Handling limitations:
See also Agricultural Research On-route charter authority of Grapefruit grown in Florida- 19668
Service; Consumer and Market-
foreign air carrier permits---
Lemons grown n Califorfila and
ing Service; Farmers Home 19714 Arizona ---------------- 19668
Administration. Milk in Inland Empire marketing
COAST GUARD area; order suspending certain
Notices provisions ---------------- 19669
Louisiana; designation of areas Rules and Regulations
for emergency loans---------- 19721 Proposed Rule Making
Willamette River, Oregon Slough,
Oreg.; drawbridge operations--- 19694
Oranges, grapefruit, tangerines,
ATOMIC ENERGY COMMISSION and tangelos grown in Florida;
Notices Proposed Rule Making grade and size limitations..... 19702
Jei'sey Central Power &Light Co.; North River, Mass.; drawbridge CUSTOMS BUREAU
receipt of Attorney General's operations ----------------- 19704
advice and time for filing of Rules and Regulations
petitions to intervene on anti-
trust matters -------------- 19711 COMMERCE DEPARTMENT Vessels in foreign and domestic
trade:
See also National Oceanic and At- Coastwise transportation ---- 19693
CIVIL AERONAUTICS BOARD mospheric Administration. Vessel repairs --------------- 19693
Rules and Regulations
Notices Notices
Rules of practice in economic pro-
ceedings; confidential treatment Official information relating to Foreign currencies; rates of ex-
of settlement documentation in personnel; availability; correc- change -------------- 19721
enforcement proceedings ---- 19678 tion ------------------------ 19720 (Continued on next page)
19663
19664 CONTENTS

EMERGENCY PREPAREDNESS FEDERAL MARITIME Certain drugs containing valeth-


amate bromide; opportunity for
OFFICE COMMISSION hearing on proposal to withdraw
Notices Notices approval of new-drug applica-
Oklahoma; major disaster and re- tions ----------------------- 19710
Epirotiki Steamship Co. and
lated determinations --------- 19719 George Potamianos Ltd. S.A.;
applications: HEALTH, EDUCATION, AND
ENVIRONMENTAL PROTECTION Casualty certificate --------- 19718 WELFARE DEPARTMENT
AGENCY Performance certificate ------- 19718 See also Food and Drug Adminis-
Independent ocean freight for- tration.
Rules and Regulations warder licenses; applicants-.. 19719
Control of air pollution from new Rules and Regulations
motor vehicles and engines; FEDERAL POWER COMMISSION Research contracts with educa-
qualification of low-emission Notices tional institutions In U.S ...... 19805
vehicles ------------------ 19697
Tolerances for pesticide chemicals Hearings, etc.:
in or on raw agricultural com- Anderson Production Corp. HOUSING AND URBAN
modities; dinitro-o-cyclohexyl- et al ------------------ 19740 DEVELOPMENT DEPARTMENT
phenol; correction -----------. 19695 El Paso Natural Gas Co -------- 19740 See Federal Housing Administra-
Placid Oil Co. et al---------- 19741 tion.
FARMERS HOME
FEDERAL RESERVE SYSTEM INTERAGENCY TEXTILE
ADMINISTRATION
Rules and Regulations ADMINISTRATIVE
Rules and Regulations
Truth in lending; right of rescis- COMMITTEE
Loans on leasehold interests in sion; business days ---------- 19671
nonfarm tracts ------------- 19670 Notices
Proposed Rule Making
Truth in lending; leap year---- 19706 Textile and apparel categories;
FEDERAL AVIATION correlation with Tariff Sched-
ADMINISTRATION Notices ules of U.S. Annotated-------- 10722
Rules and Regulations United Bancshares of Florida,
Inc.; application for approval of INTERIOR DEPARTMENT
Airworthiness directives: acquisition of shares of bank-- 19719 See Fish and Wildlife Service; Na-
Fairchild aircraft ----------- 19671
Hartzell aircraft propellers-1- 19671 FEDERAL TRADE COMMISSION tional Park Service.
McCauley aircraft propellers--- 19672 INTERNAL REVENUE SERVICE
Area high routes; designation; Rules and Regulations
correction (2 documents) ---- 19672 Prohibited trade practices (19 Proposed Rule Making
IFR altitudes; miscellaneous documents) ---------- 19679-19693 Income tax; percentage depletion;
amendments -------------- 19673 gross income from property
Special air traffic rules and airport FISH AND WILDLIFE SERVICE other than oil and gas; correc-
traffic patterns; Washington Rules and Regulations tion ------------------------ 10702
National Airport traffic area--- 19673
Standard instrument, approach Public access, use, and recreation;
Hatehie National Wildlife Ref- INTERSTATE COMMERCE
procedures; miscellaneous
amendments -------------- 19677 uge, Te ----------------- 19698 COMMISSION
Proposed Rule Making Notices
FOOD AND DRUG
Alterations: Assignment of hearings -------- 19720
Control zones and control area- 19704 ADMINISTRATION Central and southern motor car-
Transition area ------------- 19705 Rules and Regulations riers; application for approval
Confirmation of orders revoking of amendments to agreement.. 19721
FEDERAL COMMUNICATIONS provisions for certification: Greene, C. S., and Co., Inc., rerout-
COMMISSION Antibiotic troches ---------- 19694 ing or diversion of traffic ------ 19721
Tyrothricin --------------- 19695
Notices Penicillin; combination drugs with LABOR DEPARTMENT
Common carrier services informa- probenecid --------------- 19695
tion; domestic public radio serv- See Federal Contract Compliance
ices applications accepted for Proposed Rule Making Office.
filing ------------------- 19743 Cheese product identity stand-
ards; listing of anhydrous milk- NATIONAL COMMISSION ON
FEDERAL CONTRACT fat and dehydrated cream as STATE WORKMEN'S
optional ingredients ---------- 19703
COMPLIANCE OFFICE Child protection packaging stand- COMPENSATION LAWS
Notices ards for preparations containing Notices
aspirin; extension of time ---- 19703 State workmen's compensation
Equal employment opportunity in
Camden and Trenton, N.J., Notices laws; hearing ---------------- 10739
area; hearing ------------- 19742 Alpine Geophysical Associates,
Inc.; withdrawal of petition for NATIONAL HIGHWAY TRAFFIC
FEDERAL HOUSING food additives -------------- 19710 SAFETY ADMINISTRATION
ADMINISTRATION Certain antifungal dermatologic
preparation containing nysta- Proposed Rule Making
Proposed Rule Making tin and iodochiorhydroxyquin; Occupant crash protection; stand-
Approval of mortgagees; with- drugs for human use; efficacy ards for explosive materials and
drawal -------------------- 19703 study implementation -------- 19710 pressure vessels ------------- 19705
CONTENTS 19665
NATIONAL OCEANIC AND SMALL BUSINESS TRANSPORTATION DEPARTMENT
ATMOSPHERIC ADMINISTRATION See Coast Guard; Federal Avia-
ADMINISTRATION Proposed Rule Making tion Administration; National
Rules and Regulations Administrative claims under Fed- Highway Traffle Safety Admin-
Capital construction fund; appli- eral Tort Claims Act; authority istration.
. cation for interim agreements-- 19699 of field offices to settle claims-- 19707
TREASURY DEPARTMENT
NATIONAL PARK SERVICE - TARIFF COMMISSION
See Customs 4ureau; Internal
Notices Notices Revenue Service.
Appalachian National Scenic Dave Aronoff Shoes, Inc.; peti-
Trail; route selection .-------- 19802 tion for determination of eligi-
bility to apply for adjustment VETERANS ADMINISTRATION
SECURITIES AND EXCHANGE assistance; notice of InVestiga- Rules and Regulations
COMMISSION tion ---------------------- 19720
Delegations of authority; loan
Notices guaranty nd vocational reha-
California Tax-Exempt Bond bllitaton and educational pro-
Fund; filing of application for grams ----------- 19696
order of exemption ----------- 19719

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 paris affected, covering the current month to date,
appears following the Notices section of each issue beginning with the second issue of the month.
A cumulative guide is published separately at the end of each month The guide lists the parts and segtions
affected by documents published since January 1, 1971, and specifies how they are affected.

7 CFR 16 CFR 24 CFR


331 ---------------------- 19667 13 (19 documents) ........ 19679-19693 ROPOSED RULES:
910 ---------------------------- 19668 203--------- ------------- 19703
913 ---------------------------- 19668 19 CFR 26 CFR
929 ---------------------------- 19668 4 (2 documents) --------------- 19693
1133 --------------------- 19669 PROPOSED RULES:
1890s -------------------------- 19670 1 ................. 19'702
21 CFR
PROPOSED RULES:
141a --------------------- 19694 33 CFR
905 ---------------------------- 19702 141e --------------------------- 19694
146a (2 documents) ------ 19694, 19695 117 1......................... 19694
12 CFR 146c --------------------- 19694 PROPOSED RULES:
one IOr71 146e --------------------- 19694 117. --------- -- 19704
PROPOSED RULES: 1481 --------------------------- 19694
226------------------------ 19706 148r --------------------- 19695 41 CFR
420 ---------------------------- 19695 3-4..----------------- 19695
13 CFR PROPOSED RULES: 8-75 ....... 19696
PROPOSED RULES: 19 ------------------------- 19703 8-95..................... 19696
295........................- 19703
114 ------------------------ 19707
45 CFR
14 CFR 1201 -------------- 19697
39 (3 documents) -------- 19671, 19672
75 (2 documents) --------------- 19672
49 CFR
93 ----------- 19673 PROPOSED RuLES:
95 ----------------------- 19673 571---------------------- 19705
97 -------------------------- 19677
302--------------------- --- 19678 50 CFR
PROPOSED RULES: 28---------- 19698
71 (2 documents) --------- 19704, 19705 259-------...... 19699
19667

Rules and Regulations


junction wvith Northeast 127th Street, thence c) Such regulated products and ar-
Title 1- AGRICULTURE east along Northeast l7th Street and a pro-
jection thereof to the Biscayne Canal. thence
ticles as described in paragraph (b) of
this section may be moved from the regu-
southeastward along Biscayne Canal to its
Chapter Ill-Agricultural Research intersection with West Dixie Highway. thence
lated portions of Broward and Dade
Service, Department of Agriculture southwest along West Dixie Highway to Its Counties described in paragraph (A) of
junction with Northeast 119th Street, thence this section, provided:
PART 331-PLANT PEST REGULA- west along Northeast 119th Street and North- (1) Such products and articles have
TIONS GOVERNING INTERSTATE west 119th Street to its intersection with been treated to destroy giant African
MOVEMENT OF CERTAIN PROD- Northwest Second Avenue, thence north along snail infestations in accordance with
Northwest Second Avenue to the point of procedures prescribed by the Director of
UCTS AND ARTICES I beginning. the Plant Protection Division, US. De-
Giant African Snail That area in the city of North Miami partment of Agriculture;- under the di-
bounded by a line beginning at the Intersec-
rection of in inspector authorized by said
Pursuant to the provisions of the Fed- tion of Northwest 7th Avenue and Northwest
Division, and the products and articles
eral Plant Pest Act (7 U.S.C. 150aa- 122d Street. thence extending east along
Northwest 122d Street and a projection there- are accompanied by a certificate issued
150iji), Chapter MI,Title 7 of the Code of of across the North-South Expressway and by such an inspector signifying that they
Federal Regulations, is hereby amended beyond, to the intersection of said projectloo are eligible for interstate movement: or
by adding to Part 331, a new 331.3 and a with Northwest Fourth Avenue, thence south (2) Such products and articles origi-
subpart heading preceding said section as along Northwest Fourth Avenue to the point nate in an area In the said regulated por-
follows: where It merges with Northwest Third Av-
tions of Broward and Dade Counties,
enue. thence south along Northwest Third
Subpart-Giant African Snail Avenue to Its intersection with Northwest which have been inspected by such an
119th Street. thence west along Northwest inspector, and he has found that the
331.3 Notice of existence of hazardous 119th Street to its intersection with North- interstate movement of the products and
situation and regulations related west Seventh Avenue, thence north along articles from such areas'wll not involve
thereto. Northwest Seventh Avenue to the point of a risk of disseminating said infestations,
(a) Infestations of the giant African, beginning. and the products and articles are accom.-
snail, Archatina luZica Bowdich, a dan- Tha area In the city of Opa-Locka bounded panled by a certificate issued by such an
by a line beginning at the intersectlon of
gerous plant pest not widely prevalent or Northwest 24th Avenue and East Superior inspector signifying that they are eligi-
distributed within and throughout the Street, thence extending east along East ble for interstate movement; or
United States, have been found in por- Superior Street and a projection thereof to (3) Such products and articles are
tions of Broward and Dade Counties in the Opa-Lcka Canal. thence south along the moved under permit issued by such an
Florida; and it has been determined that Opa-Locka Canal to its intersection with inspector to an approved destination for
these infestations have created a hazard- Opa-L cka Boulevard. thence west along
Opa-Locka Boulevard to its intersection with consumption, processing, or other han-
ous situation making it necessary to Northwest 24th Avenue. thence north along dling in accordance with procedures ap-
adopt a rule imposing restrictions, -as Northwest 24th Avenue to the pont of proved by said inspector, when upon
provided for in this section, upon the beginning. evaluation of the circumstances involved
interstate movement of certain products That portion of Dade County bounded by in each specific case he determines that
and articles, from the regulated portions a line beginning at the intersection of .orth- such movement will not result in the
of said counties as hereinafter described, west 22d Avenue and Northwest 91st Street. spread of the giant African snail and re-
in- order to prevent the interstate dis- thence extending east along Northwest 91st quirements of other applicable Federal
semination of the giant African snail. Street to its junction with Little River Boule-
vard, thence southeast and south along Little domestic plant quarantines have been
Accordingly, the products and articles River Boulevard to the point where it merges met.
listed in paragraph (b) of this section
" shall not be moved interstate from any
with Northwest 14th Avenue, thence south (Sec. 105. 71 Stat. 32, sec. 106, 71 Stat. 33,
along said avenue to Its intersection with sec. 107. 71 Stat. 34; 7 U.S.C. 1S0dd, 150ee,
area described in this paragraph (a), ex- Northwest .83d Street, thence west along 150ff; 29 P.R. 16210, as amended)
cept as permitted under paragraph (c) of Northwest 83d Street to Its intersection with
this section. Northwest 22d Avenue, thence north along The foregoing regulation shall become
FLORIDA Northwest 22d Avenue to the point of be- effective upon publication in the FEDxRAL
ginning. REGULs (10-9-71).
Broward County. That area in the city of
West Hollywood bounded by a line beginning (b) The following products and ar- Under this regulation, specific products
at the Junction of North 62d Avenue and ticles are subject to the measures im- and articles may be moved interstate
Pierce Street, thence extending east along posed under this section: from the described portions of Broward
Pierce Street to its junction with North 60th (1) Soil, compost, decomposed ma- and Dade Counties in Florida only if
Avenue (US. Highway 441), thence south nure, separately or with other things. they have been treated or originate in
along North 60th Avenue to its intersection (2) Sand, gravel, bricks, concrete certain areas of said counties, or are
with Hollywood Boulevard, thence west along moved to an approved destination for
Hollywood Boulevard to its intersection with blocks, stones, pipes, and tile.
North 62d Avenue, thence north along North (3) Forest, field, or nursery grown consumption, processing, or other han-
62d Avenue -tothe point of beginning. plants or parts thereof. dling under approved conditions. Such
Dade county. That area in the city of North (4) Plant debris, such as leaves and measures are necessary because a haz-
Miami bounded by a line beginning at the cut grass. ardous situation exists as a result of
intersection of NorthwestSecond Avenue and (5) Sod. recently discovered infestations of the
Northwest 128th Street, thence extendin Z (6) Forest products, including stump- giant African snail, a dangerous plant
east along Northwest 128th Street to its Junc- wood and timb er. pest which is not now widely prevalent
tion with North Miami Avenue, thence south (7) Any means of conveyance or other in the United States.
along North Miami Avenue to its junction Inasmuch as such infestations must be
with Northeast 127th Terrace, thence east products or articles, of any character
along Northeast 127th Terrace to its June- whatsoever, not covered by subpara- controlled Immediately to prevent the
tion with Northeast Miami Court, thence graphs (1) through (6) of this para-
south along Northeast Miami Cout to its graph, when It is determined by an in- 2Instructions are available upon request
spector that they present a hazard of from the Director. Plant Protection Division,
spread of the giant African snail, and Agricultural Research Service, U.S. Depart-
'The heading for Part 331 is amended to the person in possession thereof has been ment of Agriculture. Federal Center Building.
read as set forth above. so notified. Hyattsville. Md. 20782. or from an inspector.

FEDERAL REGISTER, VOL 36! NO. 197-SATURDAY, OCTOBER 9, 1971


19668 RULES AND REGULATIONS
spread of the giant African snail, it is was held; the provisions of this section, committee held an open meeting during
found upon good cause, under the ad- including its effective time, are identical the current week, after giving due notice
ministrative procedure provisions of 5 with the aforesaid recommendation of thereof, to consider supply and market
U.S.C. 553, that notice and other public the committee, and information concern- conditions for Interior grapefruit, and
procedure regarding this regulation are ing-such provisions and effective time has the need for regulation; Interested per-
impracticable and contrary to the public been disseminated among handlers of sons were afforded an opportunity to
interest, and good cause is found for such lemons; it is necessary, in order to submit information and views at this
making said regulation effective less effectuate the declared policy of the act, meeting; the recommendation and sup-
than 30 days after publication in the to make this section effective during the porting information for regulation during
FEDERAL REGISTER. period herein specified; and compliance the period specified herein were promptly
Done at Washington, D.C., this 5th with this section will not require any spe- submitted to the Department after such
cial preparation on the part of persons meeting was held; the provisions of this
day of October 1971. subject hereto which cannot be com- section, Including its effective time, are
T. W. EDAIINSTER, pleted on or before the effective date identical with the aforesaid recommen-
Administrator, hereof. Such committee meeting was held dation of the committee; and informa-
Agricultural Research Service. on October 5,1971. tion concerning such provisions and
[FRDoc.71-14848 Filed 10-8-71;8:49 am] (b) Order. (1) The quantity of lemons effective time has been disseminated
grown in California and Arizona which among handlers of such Interior grape-
may be handled during the period Octo- fruit; it Is necessary, in order to effectu-
Chapter IX-Consumer and Market- ber 10, through October 16, 1971, is here- ate the declared policy of the act, to
ing Service (Marketing Agreements by fixed at 180.000 cartons.. make this section effective during the
and Orders; Fruits, Vegetables, (2) As used in this section, "handled", period herein specified; and compliance
Nuts), Department of Agriculture and "carton(s)" have the same meaning with this section will not require any
as when used in the said amended mar- special preparation on the part of per-
[Lemon Reg. 5021' keting agreement and order. sons subject hereto which cannot be
PART 910-LEMONS GROWN IN (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C. completed on or before the effective date
601-674) hereof. Such committee meeting was held
CALIFORNIA AND ARIZONA on October 5, 1971.
Dated: October 7, 1971. (b) Order. (1) The quantity of grape-
Limitation of Handling
FLOYD F. HEDLUND, fruit grown in the Interior District which
910.802 Lemon Regulation 502. Director, Fruit and Vegetable may be handled during the period Octo-
(a) Findings. (1) Pursuant to the Division, Consumer and Mar- ber 11, 1971, through October 17, 1971,
marketing agreement, as amended, and keting Service. is hereby fixed at 225,000 standard packed
Order No. 910, as amended (7 CFR Part [FR Doc.71-14930 Filed 10-8-71;8:53 am] boxes.
910; 36 F.R. 9061), regulating the han- (2) As used in this section, "handled,"
dling of lemons grown in California and [Grapefruit Reg. 47] "Interior District," "grapefruit," and
Arizona, effective under the applicable "standard packed box" have the same
provisions of the Agricultural Marketing PART 913-GRAPEFRUIT GROWN IN meaning as when used in said marketing
Agreement Act of 1937, as amended (7 THE INTERIOR DISTRICT IN FLORIDA agreement and order.
U.S.C. 601-674), and upon the basis of Limitation of Handling (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C.
the recommendations and information 601-674)
submitted by the Lemon Administrative 913.347 Grapefruit Regulation 47.
Committee, established under the said (a) Findings. (1) Pursuant to the Dated: October 7, 1071.
amended marketing agreement and marketing agreement, as amended, and FLOYD F. HEDLUND,
order, and upon other available informa- Order-No. 913, as amended (7 CFR Part Director, Fruit and Vegetable
tion, it is hereby found that the limita- 913), regulating the handling of grape- Division, Consumer and Mar-
tion of handling of such lemons, as here- fruit grown in the Interior District in keting Service.
inafter provided, will tend to effectuate Florida, effective under the applicable
the declared policy of the act. IFR Doc.71-14932 Filed 10-8-71:8:63 fnl
provisions of thb Agricultural Market-
(2) It is hereby further found that it ing Agreement Act of 1937, as amended
is impracticable and contrary to the (7 U.S.C. 601-674), and upon the basis PART 929-CRANBERRIES GROWN IN
public interest to give preliminary no- of the recommendations and information THE STATES OF MASSACHUSETTS,
tice, engage in public rulemaking pro- submitted by the Interior Grapefruit
cedure, and postpone the effective date Marketing Committee, established under RHODE ISLAND, CONNECTICUT,
of this section until 30 days after publi- said marketing agreement and order, and NEW JERSEY, WISCONSIN, MICH-
cation hereof in the FEDERAL REGISTER (5 upon other available information, it is IGAN, MINNESOTA, OREGON,
U.S.C. 553) because the time intervening hereby found that the limitatioh of WASHINGTON, AND LONG ISLAND
between the date when information upon handling of such grapefruit, as herein- IN THE STATE OF NEW YORK
which this section is based became avail- after provided, will tend to effectuate the
able and the time when this section must declared policy of the act. Free and Restricted Percentages for
become effective in order to effectuate the (2) It is hereby further found that it 1971-72 Fiscal Period, Standard of
declared policy of the act is insufficient, is impracticable and contrary to the pub- Grade for Withhold Cranberries and
and a reasonable time is permitted, under lic interest to give preliminary notice,
the circumstances, for preparation for engage in public rule-making procedure, Ending Date for Compliance with
such effective time; and good cause exists and postpone the effective date of this Withholding Requirements
for making the provisions hereof effec- section until 30 days after publication Notice was published in the FEDERAL
tive as hereinafter set forth. The com- - hereof in the FEDERAL REGISTER (5 U.S.C. REGISTER on September 14, 1971 (36 V.R.
mittee held an open meeting during the 553) because the time intervening be- 18413), that consideration was being
current week, after giving due notice tween the date when information upon given to the proposed establishment of
thereof, to consider supply and market which this section is based became avail- free and restricted percentages applicable
conditions for lemons and the need for able and the time when this section must during the 1971-72 fiscal period begin-
regulation; interested. persons were become effective in order to effectuate ning September 1, 1971, the standard of
afforded an opportunity to submit infor- the declared policy of the act is insuffi- grade that withheld cranberries shall
mation and views at this meeting; the cient, and a reasonable time is permitted, meet, and the date by which all handlers
recommendation and supporting infor- under the circumstances, for preparation shall have met their withholding require-
mation for regulation during the period for such effective time; and good cause ments, pursuant to the applicable provi-
specified herein were promptly submitted exists for making the provisions hereof sions of the marketing agreement, as
to the Department after such meeting effective as hereinafter set forth. The amended, and Order No. 929, as amended

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19669
(7 CFR Part 929), regulating the han- which began on September 1, 1971; (3) Notice was published In the FEDERAL
dling of cranberries grown in the States handlers who so desire should be afforded REGISTER, September 2, 1971 (36 F.R.
of Massachusetts, Rhode Island, Con- the earliest opportunity to dispose of 17588), relative to a proposed suspension
necticut, New Jersey, Wisconsin, Michi- cranberries withheld from handling of certain provisions relating to the di-
gan, Minnesota, Oregon, Washington, through diversion to approved outlets version of producer milk from a pool
and Long Island in the State of New pursuant to 929.57 and 929.104 and plant to a nonpool plant during the
York. This program is effective under therefore must know the minimum grade months of September, October, and No-
the Agricultural Marketing Agreement for cranberries to be withheld imme- vember. There were no objections to the
Act of 1937, as amended (7 U.S.C. diately; and (4) because cranberries are proposed suspension, which was made
601-674). in the process of being ucquired and effective for September 1971. The con-
i The notice provided a period of 15 days handled, prompt notification of the end- ditions that justified the suspension ac-
after publication thereof in the FEDERAL ing date for compliance with the with- tion for September are equally appli-
REGISTER during which interested per- holding requirements will be beneficial cable for October and November 1971.
sons could file written data, views, or to all interested parties because it will It is hereby found and determined that
arguments pertaining thereto. None were afford producers and handlers maximum for the months of October and November
received. time to plan their operations accordingly. 1971 the following provisions of the order
After consideration of all relevant Therefore, the free and restricted per- do not tend to effectuate the declared
matters presented, including the proposal centages for cranberries acquired by han- policy of the Act:
set forth in the aforesaid notice, the dlers during the 1971-72 fiscal period, 1. In 1133.12(c) (1), "and 20 percent
recommendation and information sub- standard of grade for withheld cran- in the months of September through
mitted by the Cranberry Marketing Com- berries, and ending date are hereby fixed November," and
mittee (established pursuant to the as follows: 2. In 1133.12(c) (5), "Producers eligi-
amended marketing agreement and or-
der), and other available information, 929.303 Free and restricted percent- ble for diversion in the months of Sep-
it is hereby found and determined that ages for the 1971-72 fiscal period, tember, October. or November must in
the free and restricted percentages, mini- standard of grade for withheld cran- addition have their milk received at a
mum grade, and ending date, as herein- Lerries and ending date for compli- pool plant on at least 6 days (3 days in
ance with the withholding require. the case of every-other-day delivery)
after set forth, are in accordance with ments. during the current month; and".
the provisions-of the said amended mar-
keting agreement and order, and will (a) The free percentage and restricted SrATE=, OF CoNsIDERATIoN
tend to effectuate the declared policy of percentage applicable to all cranberries
acquired during the fiscal period Sep- This suspension removes for October
the -actand of this part.
The recommendation by the Cranberry tember 1, 1971, through August 31, 1972, and November 1971 the requirement that
Marketing Committee reflects its ap- shall be 88 percent and 12 percent, re- a producer deliver at least 6 days' produc-
spectively. tion to a pool plant to qualify his milk
praisal of the available supply of cran-
berries and the current and prospective (b) Each lot of cranberries withheld for diversion to nonpool plants during
market conditions. The fixing of the free pursuant to paragraph (a) of this sec- the month and the provision limiting the
and restricted percentages as specified tion shall grade at least U.S. No. 1 grade, total
verted
quantity of milk that may be di-
by a cooperative to 20 percent of
herein is necessary to establish and main- as set forth in the U.S. Standards for the total
tain orderly marketing conditions, pro- Fresh Cranberries for Processing ( 51.- members producer milk marketed by its
during the month.
vide the market with an adequate sup- 3030-51.3037 of this title) except that,
ply of cranberries, and to prevent the for the purposes of this regulation, cran- A cooperative representing a substan-
chaotic marketing conditions which berries infested with worms shall be tial number of producers on the market
would likely result if all of the availablescored against the grade under the 5 per- requested the suspension. Because of cur-
supplies of cranberries were marketed cent tolerance provided for cranberries rent conditions in the market, the co-
during-the current fiscal period. which are soft or affected by decay (see operative is required to handle a dis-
The minimum grade requirement for 51.3031(b) (3) of this title). proportionate share of an increasing
withheld cranberries specified herein is (c) Each handier shall meet his with- quantity of reserve supplies of milk for
necessary to effect - desirable reduction holding requirement, as provided in the market. Without the suspension, the
in the marketable supply of cranberries 929.54, not later than February 1, 1972. cooperative would be forced to move milk
by preventing handlers from using lower (Sees. 1-19, 48 Stat. 31. as amended; 7 U.S.C. uneconomically to qualify it for pooling
quality berries, normally eliminated, to 601-674) during October and November 1971.
meet a part of their withholding (re- It is hereby found and determined that
stricted percentage) requirement. Dated: October 5, 1971. 30 days' notice of the effective date here-
The ending date of February 1, 1972, FLOYD F. HEDLUND, of is Impractical, unnecessary and con-
would provide ample opportunity for Director, Fruit and Vegetable trary to the public interest in that:
each handler to meet his withholding Division, Consumer and Mar- (a) This suspension is necessary to re-
obligations before completion of the mar- keting Service. flect current marketing conditions and
keting season by permitting maximum to maintain orderly marketing conditions
flexibility in scheduling requests for in- IPR Doc.71-14846 Piled 10-8-71;8:49 am) in the marketing area;
spection and certification of cranberries (b) This suspension order does not re-
for withholding, while engaging in nor- Chapter X-Consumer and Marketing quire of persons affected substantial or
mal -shippingoperations. Sereice (Marketing Agreements and extensive preparation prior to the effec-
It is hereby further found that good
cause exists for not postponing -theeffec- Orders; Milk), Department of Agri- tive date; and
culture (c) Notice of proposed rule making
tive date of this regulation until 30 days was given interested parties and they
after publication in the FEDERAL REGISTER [Milk Order 1331
were afforded opportunity to file written
(5 U.S.C. 553) in that (1) notice was PART 1133-MILK IN THE INLAND data, views, or arguments concerning
given of the proposed free and restricted this suspension.
percentages, minimum grade, and end- EMPIRE MARKETING AREA
ing date, which are the same as those Order Suspending Certain Provisions Therefore, good cause exists for mak-
hereinafter prescribed, through publicity ing this order effective upon publication
in the production area and by publication This suspension order is issued pur- in the FEDERAL REGISTER.
in -the September 14, 1971, issue of the suant to the provisions of the Agricul- It is therelore ordered, That the afore-
FEDERAL REGISTER; (2) as provided in tural Marketing Agreement Act of 1937, said provisions of the order are hereby
saidmarketing'agreement and order, the as amended (7 U.S.C. 601 et seq.), and suspended for months of October and
free and restricted percentages auto- of the order regulating the handling of November 1971.
matically apply to all cranberries ac- milk in the Inland Empire marketing (Sec-. 1-19, 48 Stat. 31. as amended; 7 US.C.
quired during the 1971-72 fiscal period, area. 601-674)

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19670 RULES AND REGULATIONS
Effective date: Upon publication in the See. (b) The purchase of the fee title on
FEDERAL REGISTER (10-9-71). 1890s.8 Title clearance and loan closing. which a leasehold exists by means of a
1890s.9 Interest credits.
Signed at Washington, D.C., on Octo- subsequent loan provided that all other
AuTHORITY: The provisions of this Part requirements are met.
ber 5, 1971. 1890s, issued under sec. 510, 63 Stat. 437, 42
RicHARD E. LYNG, (c) Purposes authorized In 1822.6 of
U.S.C. 1480; Orders of Secretary of Agricul- this chapter for nonfarm tracts except
Assistant Secretary. ture 29 P.R. 16210,32 P.R. 6650.
for the payment of real estate taxes.
[FR Doc.71-14847 Filed 10-8-71;8:49 am] 1890s.1 General. 1890s.5 Lease form.
This part modifies Subpart A of Part The lease forms used by the Federal
Chapter XVIII-Farmers Home Ad- 1822 of this chapter, and authorizes sec-
tion 502 Rural Housing (RH) loans to Housing Administration and the Vet-
ministration, Department of Agri- erans Administration In the area, the
culture , applicants who hold or will hold leases Bureau of Indian Affairs lease form, No.
on nonfarm tracts under conditions spec- 5-184, "Lease," and the lease forms used
SUBCHAPTER G-MISCELLANEOUS ified- in this part. Such loans will be in cases of RH loans on farm leaseholds,
REGULATIONS made on nonfarm tracts in accordance should be used by the State Director as
[AL.-7 (M44) I with Subpart A of Part 1822 of this
chapter. guides in developing a lease form or
PART 1890s-SECTION 502 RH LOANS forms for his State. The services of OCIC
ON LEASEHOLD INTERESTS IN NON- 1890s.2 Definitions. are available for this purpose. In any case
As used in this part the following defi- in which the lessor wants the option of
FARM TRACTS paying the RH debt in case the borrower
nitions will apply:
Subchapter G is amended by adding (a) Applicant. A person who applies defaults, the lease may include such a
a new Part 1890s, supplementing Subpart for a section 502 RH loan on a nonfarm provision.
A of Part 1822 of this chapter. New Part tract on which he holds or will hold a 1890s.6 Appraisal of leasehold.
1890s contains regulations putting into long-term lease.
effect the authority in section 501(b) (2) When it appears as If an RH loan can
(b) Leasehold. The rights and inter- be made on a leasehold Interest, an ap-
of the Housing Act of 1949, as amended, ests a person has in the nonfarm building
to make section 502 rlral housing loans praisal of the leasehold will be made. In
site on which he has a long-term lease. areas where RH loans are likely to be
on leasehold interests in nonfarm tracts. (c) Lessor. The owner of the building
Compliance with the notice and public site. made on leaseholds, sales data on lease-
procedure requirements of 5 U.S.C. 553 holds should be accumulated for ap-
(d) Acquisition cost. The cost of ac- praisal purposes. When maling apprais-
would involve a delay in making availa- quiring the leasehold interest exclusive
ble the assistance provided by this au- als on leaseholds, the following guides
of any monthly or annual rental charges. will be used in determining the value of
thority. The construction season is (e) Office of the General Counsel
rapidly coming to a close in Alaska and the leasehold interest:
(OGC). The Regional Attorney or Attor- (a) With OGC assistance where ap-
other northern States, and some of the ney in Charge whose service area in-
intended beneficiaries, including Indians, propriate, study the provisions of the
cludes the particular State. lease to determine what rights and obli-
have no means of procuring land other
than leaseholds. We find that under these 1890s.3 Policy. gations the applicant will have under the
circumstances such delay would be con- The following/policies will apply to lease and whether the lease complies
trary to the public interest. Accordingly, loans under this part: with the policies of this part.
the new Part 1890s shall be effective upon (a) Loans may be made on leaseholds (b) Determine the market value of the
publication in the FEDERAL REGISTER (10- on land owned by a State, political sub- property as improved (land and build-
9-71). division, public body, or public agency, ings) as tlough the property were owned
It is the policy of this Department that on Indian Tribal lands which are not under a good and marketable fee title.
rules relating to public property, loans, available for purchase, or on land where (c) Determine the market value of the
grants, benefits, or contracts shall be the State Director determines that long- land on an "as Is" basis before any im-
published for comment notwithstanding term leasing of homesites by nonpublic provements to be financed by the appli-
the exemption in 5 U.S.C. 553 with re- bodies is a well-established practice and cant are placed on the property.
spect to such rules. See the Secretary of such leaseholds are freely marketable in (d) Determine the amount of rent that
Agriculture's statement setting forth the the area. customarily Is paid In the area for simi-
policy on "Public Participation in Rule (b) A loan may be made on a lease- lar sites leaied under similar terms.
Making," 36 F.R. 13804, dated July 24, hold only when the applicant is unable (e) Where an acquisition cost Is in-
1971. In accordance with the spirit of to obtain fee title to the property. volved, determine the market value of
that policy, interested parties may sub- (c) No loans shall be made on a lease- the applicant's leasehold by using the
mit written comments, suggestions, data, hold created by a nonpublic body after market value of comparable leaseholds
or arguments to the Office of the Assist- January 1, 1966. (For this purpose an in the area. The value assigned to a par-
ant Administrator for Management, Indian Tribe is a public body.) ticular leasehold must be reasonable, In
Farmers Home Administration, U.S. De- (d) The applicant should have the making this determination, the appraiser
partment of Agriculture, Room 5013, right to any extent feasible to acquire will consider the amount of annual rent
South Building, Washington, D.C. 20250 the fee title to the property sometime to be paid under the lease plus the an-
within 30 days after the publication of during the life of the loan. nual loan payment required on the por-
this part. Material thus submitted will be (e) The lease must have an unexpired tion of the RH loan used to acquire the
evaluated and acted upon in the same term of at least 50 years from the date leasehold. The sum of these should not
manner as if this document were a pro- of the loan closing. exceed the amount an applicant would
posal. However, new Part 1890s shall re- need to pay If he were to obtain a loan
main .effective until it is amended, in (f) A recorded mortgage constituting
a valid and enforceable lien on the appli- to buy a similar site.
order to permit the public business to (f) The maximum security value for
proceed expeditiously. cant's le.sehold will be required.
(g) The lease must meet the require- RH loan purposes will be the market
The new Part 1890s reads as follows: value of the improved property less the
ments of 1822.7(j) (1) of this chapter. "as is" value of the nonfarm tract plus
See.
1890s.1 General. 1890s.4 Use of loan funds. any market value of the applicant's lease-
1890s.2 Definitions. hold. For example:
1890s.3 Policy. Section 502 RH loans may include
1890S.4 Use of loan funds. funds for: Market value of Improved property.. $15,000
1890s.5 Lease form. (a) Reasonable acquisition cost of the Market value of land on "as Is"
1890s.6 Appraisal of leasehold. leasehold interest at the time of making basis --------------------- . 2,00o
1890s.7 laximum RH loan and rental the initial RH loan in areas where acqui- Maximum security value If
charges. sition charges are customary. no ac-
quisitlon cost of leao is involved.. 13,000

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


0
RULES AND REGULATIONS 19671

Market value of leasehold, if appli- 226.9 Right to rescind certain trans- for issuing AD 71-8-5 required expedi-
cable ------------------------ 800 actions. tious -adoption, notice and public pro-
Maximum security value If acquisi- cedure on the amendment would be im-
_2For the purpose of this section, a busl- practical and good cause exists for
tion cost of lease is involved ..-..13,800 aking the amendment effective in less
ness day is any calendar day except Sunday
(g) Form FHA 422-8, "Appraisal Re- and those legal public holidays specified In than 30 days.
port (Nonfarm Tracts and Small section 6103 (a) of title 5 of the United Stat"' In consideration of the foregoing and
Farms)," will be completed with a full Code (New Year's Day, Washington's Birth- pursuant to the authority delegated to
explanation -as to how the values were day. Memorial Day. Independence Day. L3bor me by the Administrator, 14 CPR 11.89
determined. Parts 1 through 5 of this Day, Columbus Day. Veterans Day. Thanks- (31 F.R. 13697) 39.13 of Part 39 of the
giving Day, and Christmas Day). Federal Aviation Regulations is amended
form Will be completed to show the fac-
tors considered in deteimining recom- 2a. Part 226 (Regulation Z) was issued so as to amend AD 71-8-5 as follows:
mended market value of the property as by -theBoard pursuant to the statutory 1. After the designation H-227 in the
if it were owned in fee simple. Part 6 of mandate in the Truth in Lending Act Airworthiness Directive, add "and F-2T'.
the Appraisal Report will contain an ex- to prescribe Regulations to carry out the This amendment Is effective October
planation of the factors considered in purpose of the Act. This amendment ap- 14, 1971.
determining the maximum security plies to that portion of Regulation Z, (Sec. 313(a). 01. 003. Federal Aviation Act
value for a loan being made on the 226.9. which provides customers with of 1958. 49 U.S.C. 1354(a), 1421, 1423; sec.
leasehold. the right to rescind certain consumer 0(c). Department of Transportation Act,
1890s.7 Maximum RH loan and rental credit transactions. That section provides 49 U.S.C. 1655(c))
charges. that a customer has 3 business days in Issued in Jamaica, N.Y., on Septem-
which to cancel a rescindable transac- ber 30, 1971.
(a) The amount of the RE loan plus tion. Footnote 14 to the regulation pres-
any prior liens against the property will ently provides that Sundays and the ROBErT H. STANoN,
not exceed the maximum security value eight Federal holidays authorized at the Acting Director,EasternRegion.
determined in accordance with 1890s.6 time the regulation became effective IFP. DOc.71-14833 Filed 10-8-71;8:48 am]
(f). (July 1, 1969) are not to be considered
(b) The rental must not exceed the as business days. Subsequently, Public
rate being paid for similar sites in the Law 90-363 was enacted which adds a [Docket No. 71-EA--34; Amdt. 39-13131
area under similar leases. ninth public holiday, Columbus Day.
1890s.8 Title clearance and loan This -amendment to Footnote 14 includes PART 39-AIRWORTHINESS
dosing. Columbus Day as a nonbusiness day for DIRECTIVES
The services of the OGC will be used purposes of 226.9. Hartzell Aircraft Propellers
in cases involving a mortgage on a lease- b. Since the amendment is technical in
hold and 1822.15(b) (1) (ii) and (iv) nature and simply alines the regulation On page 10984 of the FEDEIAL Rxorsma
of this chapter will apply. Whenever a with the current public holiday schedule, for June 5, 1971, the Federal Aviation
loan on a leasehold is made subject to an it was adopted by the Board without fol- Administration published a proposed
agreement with other agencies, the title lowing the procedures of section 553 of amendment so as to issue an airworthi-
clearance and loan closing will be title 5, United States Code, relating to ness directive applicable to Hartzell air-
handled in accordance with any special notice, public participation and deferred craft propellers.
conditions in the agreement and Part effective date. In addition, following Interested parties were given 30 days
1807 of this chapter. these procedures of the Code would have after publication in which to submit
delayed the effective date of the amend- written data or views. No objections to
1890s.9 Interest credits. ment beyond October 11, 1971, the day the proposed regulations have been re-
Interest credits may be granted to RH on which Columbus Day is observed this celved.
borrowers who hold leaseholds. The year. In view of the foregoing and pursuant
amount of interest credit will be deter- to the authority delegated to me by the
mined on the same basis as though the By order of the Board of Governors, Administrator, 14 CFR 11.89 (31 F.R.
borrower owned the property except that October 1. 1971. 13697), 39.13 of the Federal Aviation
the annual rental charges will be in- [SEAL] TYNAn SMr=, Regulations Is amended hereby and the
cluded in the interest credit determina- Secretary. airworthiness directive adopted as puh-
tion block which contains loan pay- [FR Doc.71-14860 Filed 10-8-71;8:50 am] lished.
ments, taxes and insurance costs on the This amendment is effective November
reverse of Form FHA 444-6, "Interest 14, 1971.
Credit Agreement (Section 502 RH (Secs.313 (a). 601. 03. Federal Avlalon Act of
Loans) ." Insert in the blank space below
the entry indicating Annual Real Estate Title 14-AERONAUTICS 1958. 49 U.S.C. 1354(a). 1421 and 1423, Sec.
0(c), Department of Transportation Act, 49
Taxes the following: "Annual .rental U.S.C. 1655(c))
charges $ - AND SPACE Issued in Jamaica, N.Y., on September
Dated: September 30, 1971. Chapter I-Federal Aviation Adminis- 30, 1971.
JOSEPH HASPRAY, tration, Department of Transportation ROBERT H. STANTON,
Deputy Administrator, Acting Director,EasternRegion.
FarmersHome Administration. [Docket No. 71-EA-128; Amdt. 39-13151
HAZELL PxoPEz.LMS. Applies to Models HC-
[Ft Doc.71-14M5 Filed 10-8-71;8:49 am] PART 39-AIRWORTHINESS E2YX-2RB, HC-E2YR-2RB, and HC-
DIRECTIVES E2yL-2( ). Propellers equipped with
8465-TR. 763-4. or J7663-4 noncounter-
Fairchild Aircraft Weighted type blades.
Title 12-BANKS AND BANKING Compliance required as indicated, unless
The Federal Aviation Administration already accomplished.
Chapter il-Federal Reserve System is amending 39.13 of the Federal Avia- To prevent overspeeds in flight due to in-
tion Regulations so as to amend AD advertent 10c. of the propeller's air charge,
SUBCHAPTER A-BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM 71-8z5 -applicable to Fairchild FH-227 accomplish the following:
type -aircraft. (a) Propellers with 900 hours or more time
[Reg. Z] overhaul as of
Subsequent to the issuance of AD 71- In service since new or last
8-5 it was determined that the affected the effective date of this AD, must be modi-
PART 226-TRUTH IN LENDING fied In accordance with paragraph (c) within
parts on the FH-227 were interchange-
ARight of Rescission; Business Days able and interchanged with Fairchild the next 200 hours' time In service.
(b) Propellers with less than 900 hours in
1. Effective immediately, footnote 14 F-27 type airplaneparts. service since new or last overhaul as of the
relating to 226.9 is amended to read as Therefore AD 71-8-5 is being amended effective date of this AD must be modified
follows: to apply to F-27 aircraft. Since the basis In accordance with paragraph (c) prior to
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19672 RULES AND REGULATIONS
the accumulation of 1,000 hours in service PROPELLER MoDELs-Continued was incorrectly listed as Maples, Calif.,
since new, or last overhaul. E2A34C70-A D3A32C77-K rather than Maple, Calif., and the last
(c) Install appropriate Spring Backup E2A34C70-J D2A34070 waypoint name was incorrectly listed as
Kit in accordance with Hartzell Service Let- E2A34C70-K D2A34C78-A Gabbs, Calif., rather than Mina, Nov. In
ter No. 62 dated June 23, 1970, revised Au- E2A34C70-M D2A34C78--B J967R the last waypoint name was in-
gust 6, 1970, or subsequent FAA-approved D2A34C78-J
E2A34C73 correctly listed as Gibbs, Calif., rather
revision. An equivalent method of compliance E2A34C73-A D2A34078-K
with this AD must be approved by the E2A34C73-J D2A34C78-L than Mina, Nev. In J961R and JO45R the
Chief, Engineering and Manufacturing E2A34C73-K D2A34C78-M geographical position for the Cypress,
Branch, FAA, Eastern Region. E2A34C73-M D3A32C79 Calif., waypoint should be 33 29 00/122
[FR Doc.71-14834 Filed 1O-8-71;8:48 amI 3A32C76-D D3A32C79-A 35 00 rather than those listed. The effec-
3A32C76-S D3A32C79-B tive date for that amendment to Part 75
3A32C76-T D3A32C79-F should have been December 0, 1971,
[Docket No. 71-EA-106; Amdt. 39-13141 3A32C76-AD D3A32079-J rather than November 11, 1071. There-
3A32C76-AS D3A32C79-K
fore, action is taken herein to correct
PART 39-AIRWORTHINESS 3A32C76-AT 2A36C82-T
FPR. Doe.71-13618 accordingly.
- DIRECTIVES 3A32C76-FD 2A36C82-DT
3A32C76-FS D3A32C88 Since this amendment Is editorial in
McCauley Aircraft Propellers 3A32C76-F' D3A32C88-A nature and no substantive change in the
3A32C76-JD D3A32C88-F regulation Is effected, notice and public
The Federal Aviation Administration 3A32C76--JS D3A32C88-J procedure thereon are unnecessary, and
is amending 39.13 of the Federal Avia- 3A32C76-JT D3A32C8-K good cause exists for making this
tlorl Regulations so as to revise AD 68-8-1 3A32C76-KD D3A32C90 amendment effective on less than 30 days
3A32C76-KS D3A32C90-A
applicable to McCauley two- and three- 3A32C76-KT D3A32090-B notice.
blade constant speed propellers. D3A32C77 D3A32C90-C In consideration of the foregoing, ef-
Subsequent to the issuance -of AD D3A32C77-A D3A32C90-L fective upon publication in the FrDmrAL
68-8-1 it was determined by service D3A32C77-F D3A32C90-J REGISTER, P.R. DC. 71-13618 (36 P.R,
experience that the requirements of the D2A32C77-J D3A32C90-- 18576) is amended as hereinafter set
AD did not eliminate the failure of pro- HuB SERIAL NuMBERS forth.
peller cylinders. Analysis has established a. J966R Is amended to read. J9661R
630000 up to and Including 712778 except
that a strengthened modification of the Gateway Maple to Mina, Nov. Maple,
cylinder attachment was essential. for the following serial numbers:
700561 Calif. 37 48 13/125 49 57 Uklah, Calif.
To assure the adaption of the new 700492, 700500 through 700558, Palisades, Calif. 37 36 00/123 30 00 Ukiah,
through 700568, '700570 through 700594,
cylinder attachment on propellers of the 700596 through 701050, 701053 Calif. Mayfair, Calif. 38 00 02/121 25 14
affected type design AD 68-8-1 is being Sacramento, Calif. Mina, Nev. 38 33 55/
revised to require modification of the Compliance required within the next 100 118 0155 Coaldale, Nev.
propellers. hours' time in service after the effective date
of this AD, unless already accomplished. To' b. In J967R "Gateway Apricot to
Since the foregoing requires expedi- prevent failure of the propeller cylinder- Gibbs, Nev." Is deleted and "Gateway
tious adoption of the revision, notice and attach screws, accomplish the following: Apricot to Mina, Nev." Is substituted
public procedure hereon are impractical Modify propeller-cylinder attachment in therefor. Also the last waypoint name
and good cause exists for making the accordance with McCauley Service Bulletin "Gabbs, Calif." is deleted and "Mina,
revision effective in less than 30 days. No. 92, dated April 21, 1971, or later FAA- Nev." is substituted therefor.
approved revision. However, for propellers
In consideration of the foregoing and used on Belnanca Aircraft Models 17-30 and c. In J961R "Cypress, Calif., 33 39 00/
pursuant to the authority delegated to 17-30A modify propeller-cylinder attach- 122 35 00, Santa Barbara, Calif." Is
me by the Administrator, 14 CFR 11.89 ment in accordance with McCauley Service deleted and "Cypress, Calif. 33 29 00/122
(31 P.R. 13697) 39.13 of the Federal Bulletin No. 94, dated July 28, 1971, or 35 00, Santa Barbara, Calif." Is sub-
Aviation Regulations is amended so as later FAA-approved revision instead of Serv- stituted therefor.
to revise AD 68-8-1 as follows: ice Bulletin No. 92. Equivalent methods of
compliance with this AD must be approved d. In J945R "Cypress, Calif. 33 29 00/
MCCAULEY AIRCRAFT PROPELLERS. Applies to by the Chief, Engineering and Manufactur- 112 35 00, Santa Barbara, Calif." Is
the following two- and three-bladed con- ing Branch, FAA, Eastern Region. deleted and "Cypress, Calif. 33 29 00"/
stant speed propeller models with hub 122 35 00 Santa Barbara, Calif." is sub-
serial numbers indicated below: This amendment is effective Octo- stituted theref or.
PROPELLER MODELS ber 14, 1971. e. In the third paragraph "November
2D34C8 D2A34C49 (See. 313(a), 601, 603, Federal Aviation Act 11," is deleted and "December 9," is sub-
2D34C8-A D2A34C49-A of 1958, 49 U.S.C. 1354(a), 1421 and 1423; stituted therefor.
2D34C8-J D2A34C49-B see. 6(c), Department of Transportation Act,
49 U.S.C. 1655(c)) (See. 307(a), rederal Avintlon Act of 1958,
2D34C8-K D2A34C49-J 40 U.S.C. 1348(a); sc. 0(c), Department of
2D34C8-M D2A34C49-K Issued in Jamaica, N.Y., on Septem- Transportation Act, 49 U.S.C. 1655(a))
2A36C23-C D2A34C49-L
2A36C23-CD D2A34C49-M" ber 28, 1971. Issued in Washington, D.C., on Octo-
2A36C23-CH 2A34C50 ROBERT H. STANTON, ber 1, 1971.
2A36C23-CJ 2A34C50-A Acting Director,EasternRegion. H.B. HELSTROLI,
2A36C23-CP 2A34C50-B
2A36C23-CS 2A34C50-J [FR Doc.71-14835 Filed 10-8-71;8.48 am] Chief, Airspacc and Air
2A36C23-DD 2A34C50-K Traffic Rules Division.
2A36C23-DH 2A34C50-L [FR Doc.71-14836 Filed 10-8-71:8:48 nml
2A36C23-DJ 2A34050-M [Airspace Docket No. 71-WVA-15]
2A36C23-DP D2A34C58
2A36C29, D2A34C58-A PART 75-ESTABLISHMENT OF JET. [Airspace Docket No. 70-WA-3101
2A36C29-A D2A34C58-B ROUTES AND AREA HIGH ROUTES
2A36C29-D D2A34C58-J PART 75-ESTABLISHMENT OF JET
B2A36C31 D2A34C58-K Designation of Area High Routes; ROUTES AND AREA HIGH ROUTES
B2A36C31-A D2A34C58-L Correction
B2A36C31-D D2A34C58-M Designation of Area High Routes;
D2A36C31-A 2A34C66 On September 17, 1971, F.R. Doe. 71- Correction
D2A36C31-D 2A34C66-A 13618 was published in the FEDERAL REG-
C2A36C32 2A34C66-B
ISTER (36 FR. 18576) which amended On March 3, 1971, F.R. Doe. 1-2822
C2A36C32-A 2A34C66-C was published in the FEDERAL RGomTER
C2A36C32-D 2A34C66-J Part 75 of the Federal Aviation Regula- (36 F.R. 4044) with an effective date of
D2A36C33 2A34C66-K tions, effective November 11, 1971, by
D2A36033-D 2A34C66-L April 29, 1971, amending Part 75 by add-
D2A36C45 2A34C66-M adding eight Pacific Gateway area high ing Area High Route J803R. F.R. Doc.
D2A360 45-D E2A34C70 routes. In J966R the first waypoint name 71-2822 (36 F.R. 4044) has been amended

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19673
by FR. Doc. 71-5781 (36 F.R. 7846) and and public procedure hereon are unneces- Bahama Routes
FR.. Doc. 71-11995 (36 F.R. 15743). sary and good cause exists for making Section 95.1001 Direct routes--nited
Subsequent to the publication of these this amendment effective on less than States
amendments it has been determinfed 30 days notice. 52 V is amended to read in part:
that the name of the waypoint listed as In consideration of the foregoing, Sub- Wahoo INT, Fla.; Casa.va D-IM Fix, Maha-
Gabbs, Nev., should be changed to Mna, part C of Part 93 of the Federal Aviation ma; '5.000. *1.200-MOCA.
Nev., because the location coincides with Regulations is revoked, effective Octo- Ca.ava DME Fix, Bahamas; Nazzau, Baha-
the air navigation aid (VORTAC) so ber 9,1971. mas, VOR; '2,000. 1I,4c0-MOCA.
named. Action is taken herein to reflect (See. 307, Federal Aviation Act of 1958, 49 53 V Lsamended to read In part:
this change. INT BSY 094* and ZBV I'; *Soursop DUE
U.S.C. 1348); see. 6(c), Department of Trans- FIX, Bahamas: *'2000. '3,000--MRA.
Since this amendment is editorial in portation Act, 49 U.S.C. 1655(c))
**1.300-MOCA.
nature with no substantive change in Soureop DME Fix, Bahamas; Guava DME Fix,
the regulation, notice and public pro- Issued in Washington, D.C., on Octo-
Bahamas; 02.000. 1,400-MOCA,
cedure thereon are unnecessary. Howev- ber4, 1971. Guava DWE Fix, Bahama; Naszau, Bahamas.
er, since it is necessary that sufficient J. H. SMW'ER, VOR; 02,000. *I.400-XOCA.
time be allowed to permit appropriate Administrator. 54 V L, amended to read in part:
changes to be made on aeronautical IFR Doc.71-14838 Filed 10-8-71:8:48 am] Carey NT. Bahamas; Breadfruit DME Fix.
charts, this amendment will become ef- Bahamas: *2.000. *1,400-MOCA.
fective more than .30 days after Breadfruit DIIE Fix. Bahamas; Nassau, Ba-
[Reg. Docket No. 11438: Amdt. 95-2121 hama, VOR; '2,000. '1,400-MOCA.
publication. 55 V is amended to read in part:
In consideration of the foregoing, F.R. PART 95-IFR ALTITUDES INT BY 034* and ZBV 111; *Soursop DME
Doc. 71-2822 (36 F.R. 4044) is further Fix, Bahamas; "2,000. *3,000-MPA.
amended, effective 0901 Gm.t., Decem- Miscellaneous Changes * '1,300-MOCA.
-
ber 9, 1971, as hereinafter set forth. The purpose of this amendment to Part Sour-sop DM Fix, Bahamas; Guava DME Fi,
In J803R, waypoint name "Gabbs, 95 of the Federal Aviation Regulations is Bahamas; '2,000. 01,400-MOCA.
Nev." is deleted and "lna, Nev." is Guava DME Fix, Bahamas; Nassau. Bahamas,
substituted therefor. to make changes in the IFR altitudes at VOR: '2.000. 1,400-MOCA.
56 V Ls amended to read in part:
(See. 307(a), Federal Aviation Act of 1958,
which all aircraft shall be flown over a Na=.au, Bahamas VOR; Sugar Apple DME
49 U.S.C. 1348(a); sec. 6(c), Department of specified route or portion thereof. These FiX, Bahamas; '2.000. '1,400-MOCA.
Transportation Act, 49 U.S.C. 1655(c)) altitudes, when used in conjunction with Sugar Apple DME Fix, Bahamas; *High Cay
INT. Bahamas; '2.000. 06.000-MRA.
Issued in Washington, D.C., on Octo- the current changeover points for the ""1.400-MOCA.
ber 1, 1971. routes or portions thereof, also assure 57 V Is amended to read In part:
navigational coverage that is adequate Carey INT. Bahamas; Breadfruit DME Fix,
H. B. HELSTROM, Bahamas: '2.000. '1,400-MOCA.
Chief, Airspace and Air and free of frequency interference for Breadfruit DME Fix, Bahamas: Nasru,
Traffic Rules Division. that route or portion thereof. Bahamas. VOR; '2.00. '1,400-MOCA.
As a situation exists which demands 58 V Is amended to read in part:
[FR Doc.71-14837 Filed 10-8-71;8:48 am] Nassau, Bahamas. VOR; Sea Grape DME Fix.
immediate action in the interest of safety, Bahamas: 02.000. "1,400-MOCA.
I find that compliance with the notice Sea Grape DME Fix. Bahamas; *Morley INT,
[Docketf o. 11445; Amdt. 93-231 and procedure provisions of the Adminis- Bahamas; "2,000. 08,000-1121A. "*1,400--
PART 93-SPECIAL -AIR TRAFFIC trative Procedure Act is impracticable MOCA.
63 V Is amended to read In part:
RULES AND AIRPORT TRAFFIC and that good cause exists for making *High Cay INT, Baham:a; Sugar Apple DM5
PATTERNS this amendment effective within less FIX. Bahamas: "'2,000. '6,000-M A.
than 30 days from publication. "1,400-MOCA.
Washington National Airport Traffic In consideration of the foregoing and Sugar Apple DME Fir, Bahamas; Nassau,
Area Bahamas, VOR; '2.000. l1.400-MOCA.
pursuant to the authority delegated to me -05 V is amended to read in part:
The purpose of this amendment of Part by the Administrator (24 FR. 5662), Part Nassau, Bahamas, VOR: Powell DME Fi,
93 of the Federal Aviation Regulations 95 of the Federal Aviation Regulations Is Bahamas; '2,000. 0,400-MOCA.
is to revoke Subpart C of Part 93. Sub- Powell DME Fir, Bahamas; *Wallace INT,
part C of Part 93 consists of 93.41, amended, effective November 11, 1971 as Bahamas; "'2,000. $4.000--11FlA. *1,400-
93.43, and 93.45. Those sections deal with follows: MOCA.
2 Lima Is amended by adding:
special air traffic rules applicable to 1. By amending Subpart C as follows: Nassau. Bahamas, LF/RBN; Marsh Harbour,
Washington National Airport traffic and Section 95.1001 Directroutes-United Great Abaco Island, Bahamas, LF/RBN,;
Washington-Virginia Airport traffic. States is amended to delete: '2.000. '1.400-MOCA.
By an amendment to Part 71, effec- 8 Lima L.amended by adding:
tive February 4, 1971, the Washington, FROM, TO, and.3EA Grand Bahama. Bahamas. LFjRBN; Marsh
D.C., Terminal Control Area was estab- Grand Bahama, Bahamas. LF/RBN; Elbow Harbour. Great Abaco Island. Bahams
lished. With the establishment of the INT, Bahamas, '2.000. O1,400--MOCA. LP/RBN; '2.000. "1.400-MOCA.
Marsh Harbour, Great Abaco Island, Baha-
Washington, D.C., Terminal Control Area Section 95.1001 Directroutes-United mas. LP/RBN; Elbow INT, Bahamas; '2,000.
the air traffic rules applicable in all States is amended by adding: OI00-MOCA.
terminal control areas became effective
there. By a NOTAM issued on October 26, Bimini, Bahamas. LF/RBN; Marsh Harbour, Panama Routes
1970, the public was informed of the Great Abaco Island, Bahamas. LP/BN; Section 95.1001 Directroutes--United
closing of the Washington-Virginia Air- *2,000. *II00--MOCA. States.
port. That airport was subsequently Biltmore, N.C., RBN; Boone, Tenn., RBN; V-3 s amended to read in part:
deactivated and permanently abandoned. '8,000. *7.000-MOCA. Taboga. Island. Republic of Panama, VOR;
Due to the establishment of the- Biltmore, N.C., RBN: Hickory, N.C., VOR: Chorrera INT, Republic of Panama; '2,700.
Washington, D.C., Terminal Control *8.000. *7,700-MOCA. "2,100-MOCA.
Area and the deactivation of the Biltmore, N.C., RBN; INT 340" -M bearing Chorrera INT, Republic of Panama; France
Washington-Virginia Airport, the Spe- Biltmore RBN and 231' M rad, Holston FId. Canal Zone. VOR; 02,500. '2,100-
cial Air Traffic Rules of Subpart C of Mountain VOR; 7,000. MOCA.
Part 93 are no longer necessary and Toccoa, Ga., RBN; Biltmore, N.C., RBN; 8,300. V-S is amended to read In part:
action is taken herein to revoke that Charco =NT,Republic of Panama; Taylor INT,
Subpart. Section 95.1001 Direct routes-United Repubijo of Panama; '5,000. '4,100-
MOCA.
Since this amendment removes an States is amended to read in part: V-6 is amended to delete:
obsolete regulation from the Federal Chesterfield, S.C., VOR; Fort Mill, S.C., VOR; Taboga Island, Republic of Panama, VOR;
Aviation Regulations, I find that notice 2,00. Diego INT, Republic of Panama; 2,100.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19674 RULES AND REGULATIONS
PanamaRoutes-Continued From/to; total distance, changeovcr point
PanamaRoutes-Continued distance from geographic location; traot.
La Palma, Republic of Panama, VOR; *Jaque angle; MEA and MAA-Continucd
Diego INT, Republic of Panama; Fleming
TNT, Republic of Panama; *3,000. *2,100-- INT, Republic of Panama; **8,000.
*10,000-MRA. **7,300-MOCA. Calumet, Ky., W/P Palestine, Ohio, W/P;
MOCA. 115.7; 57.8, Calumet, 39003'0411 N.,
V-19 is amended by adding: ,'
V-S isamended by adding: 84025'13 W.; 0000/1800 to COP, 0010/1810
Taboga Island, Republic of Panama, VOR; David, Republic of Panama, VOR; Coiba INT,
Republic of Panama; *3,000. *2,400- to Palestine; 18,000; 45,000.
Latitude 080 35' N., Longitude 780 40' W.; Palestine, Ohio, V/P, Milan, Ohio, WV/P;
*3,000. *2,100--MOCA. MOCA.
Coiba INT, Republic of Panama; Santiago, 125.4; 0130/1930 to Milan; 18,000; 45,000,
V-10 isamended to delete: J884B isamended to read in part:
Rio Hato INT, Republic of Panama; Taboga Republic of Panama, VOR; *3,500. 03,200-
MOCA. Carsonvlle, Mich., W/P, Nirvana, Mich.,
Island, Republic of Panama, VOR; 3,500. W/P; 139.6; 69.8, Carsonvlle, 43044113Y N.,
V-1i Isamended to delete: Santiago, Republic of Panama, VOR; Rio
Hato INT, Republic of Panama; *2,500. 84011129VW.; 2900/1100 to COP,2840/1040
Ambros INT, Republic of Panama; Charrera to Nirvana; 18,000; 45,000.
INT, Republic of Panama; *5,000. *2,700. *2,100--.MOCA.
MOCA. Rio Hate INT, Republic of Panama; Taboga Section 95.5500 High altitude RNAV
Chorrera INT, Republic of Panama; Taboga Island, Republic of Panama, VOR; 3,700. routes.
Island, Republic of Panama, VOR; 2,700. V-20 is amended by adding:
,/9011. is amended to read 4n part:
V-11 isamended by adding: Taboga Island. Republic of Panama, VOR;
David, Republic of Panama, VOR; Santiago, Punta Cocos INT. Republic of Panama; Seattle, Wash., W/P, Spolmne, Wash., '
Republic of Panama, VOR; 4,000. *3,000. *2,100-MOCA. VORTAC; 190.6; 70.6, Soattlo, 47030'24 "
Santiago, Republic of Panama, VOl; Toboga Punta Cocos INT, Republic of Panama; N., 120-24'38" W.; 0030/2430 to COP,
*
Island, Republic of Panama, VOR; 5,000. *Jaque INT, Republic of Panama; * * 10,000. 0680/248 to Spokane; 18,000; 46,000,
Taboga Island, Republic of Panama, VOR; 10,000-MRA. * *2,500-MOCA. .79031B is amended to read in part:
*Mandinga INT, Republic of Panamna; V-23 is amended by adding:
* *5,000. *8,000--MRlA. **4,100.MOCA. Kofa, Ariz., W/P, Tucson, Ariz,, WV/P; 170,1;
Puerto Armuelles INT, Rdpublic of Pana-
V-11A is amended by adding: 73, Kofa, 32056'54" N., 11236'10" V.;
ma; Davis, Republic of Panama, VOR;
*David, Republic of Panama, VOR; Taboga 1030/2830 to COP, 1050/2850 to Allied;
*3,000. *2,000--MOCA.
Island, Republic of Panama, VORd 10,500. 18,000; 45,000.
V-24 is amended by adding:
*4,500-MCA David VOR,eastbound. J950R Isamended to read In part:
Punta Cocos INT, Republic of Panama; La
V-12 is umended to delete:
Ambros INT, Republic of Panama; France Palma, Republic of Panama, VOR; *3,000. Refinery, Tex., W/P, Scurry, Tex., VOTAC;
Fid, Canal Zone, VOR; *5,000. *2,200-. *2,30D--MOCA. 140, 70, Refinery, 3122'43" N., 95*490451
MOCA. V-29 is amended by adding: W.; 3310/1510 to COP,3310/1510 to Scurry;
V-12 isamended by adding: Bocas Del Toro, Republic of Panama, VOR; 18,000; 45,000.
Changuinola INT, Republic of Panama; France Field, Canal Zone, VOR; *5,000.
Bocas Del Toro, Republic of Panama, VOR; * 1,400-MOCA. Section 95.6005 VOR Federalairway 5
1,700. France Field, Canal Zone, VOR; *Mandinga is amerided to delete:
Bocas Del Toro, Republic of Panama, VOR; INT, Republic of Panama; * *8,000. *8,000- Dublin, Ga., VOlR vi. V alter.; Macon, Ca,,
Taboga Island, Republic of Panama, VOR; MRA **6,000---MOCA. VOlR via V alter.; 2,300.
*6,000. *3,500--MOCA. Ga., VOR via W alter.; Loralno INT,
V-13 isamended by adding: Section 95.5000 High altitude RNAV Macon, Ga., via W alter.; 2,000.
Santiago, Republic of Panama,VOR; *Chire routes. Loraine INT, Ga., vla W alter.,; Rex, Ga,,
INT, Republic of Panama; * *2,500. *3,000- From/to; total distance; changeover point VOR via W alter.; *2,500. *2.200--MOCA,
MRA. **1,800-MOCA. 2670 M rad,
distance from geographic location; track Rex, Ga., VOR via W alter.; INT
Chitre INT,Republic of Panama; Taboga Is- angle; MEA and MAA Rex VO1t and 3460 M rad, Atlanta VOU
land, Republic of Panama, VOR; 03,000.
via W ulter.; 2,200. A
*2,800-MOCA. J810R isadded to read: INT 2670 M rpd, Rex VOR and 3460 M rad,
V-14 isamended by adding: O'Hare, Ill., W/P, Kinderhook, Mich., W/P; '' Atlanta VOR via V alter.; Harrison INT,
Taboga Island, Republic of Panama, VOR; 130.1; 65.0, O'Hare, 4153'53" N., 86027105 Ga., via V alter.; 2,600.
Diego INT,Republic of Panama; 2,100. V.; 1Q95/275* to COP,0960/2760 to Kinder- Harrison INT, Ga., via V alter.; CarteravillO
Diego INT, Republic of Panama; La Palma, hook; 18,000; 45,000. INT, Ga., via W alter.; 3,300.
Republic of Panama,VOR; *3,000. *2,300-- Kinderhook,Mich., W/P,Marble, Ohio, V/P; Cartersvillo INT, Ga., via W alter.; Kermit
MOCA. 112.1; 56.1, Kinderhook, 4143130" N., INT, Ga., via W alter.; *4,600, "4,000)
La Palma, Republic of Panama,VOR; Pan- 83*45'40 V W.; 0940/2740 to COP, 099*/2790 MOCA.
ama CTA/FIR Boundary; *9,000. *8,300- to Marble; 18,000; 45,000. Kermit INT, Ca., via W alter.; Chattanooga,
MOCA. Pa., W/P; 233.9; Tenn. VOR via W alter.; 3,000.
Marble, Ohio, W/P, Avis, " '
V-15 isamended by adding: 78.9, Marble, 41o2944 N., 8046140 V.;
*David,Republic of Panama,VOR; Bocas Del 0990/2790 to COP, 106/2860 to Avis; 18,000; Section 95.6005 VOR Federalairway 5
Toro, Republic of Panama, VOR; 9,000. 45,000. is amended to read in part:
5,200-MCA David VOR,Northeastbound. Avis, Pa., W/P,Broadway, N.J., WV/P; 117.1;
V-16 isamended by adding: '' Dublin, Ga., VOR; Athens, On., VO; *2,600,
22, Avis, 41*03'58 N., 7654120" W.; *2,400-MOA.
Panama CTA/FIR Boundary; Bocas Del Toro, 1060/2860 -to COP, 1130/2930 to Broadway; Athens, Ga., VOR; Commerco INT, Oa,
Republic of Panama,VOR; *3,000. *1,500-- 18,000; 45,000. *3,600. *3,200--MOCA.
MOCA. J81511 Is added to read: Commerce.INT, a.; College INT, Ga.; 4,600.
Bocas Del Toro, Republic of Panama,VOR; Casanova, Va., W/P; Fancy Gap, Va., W/P; College INT, Ga.; *Chatsvtorth NT, 0%,;
Tocumen,Republic of Panama,VOR (COP 178.7; 105, Casanova, 37*20'0211 N., 5,600. 04,000--MOA Chatsworth INT, south-
100 BDT); *7,000. *3,000--.OCA. 79031'48" W.; 2350/0550 to COP, 231"/ easbound.
Tocumen,Republic of Panama,VOR; *Mala- 0510 to Fancy Gap; 18,000; 45,000.
tupo INT, Republic of Panama; **9,500. Fancy Gap, Va., W/P,Lanier, Ga., W/P; 203.4; Section 95.6007 VOR Federalairway 7
9,500-MRA. * *5,400-TOCA. 55, Fancy Gap, 3602100" N., 8102915611 W.; isamended to delete:
Malatupo INT, Republic of Panama; La. 2310/0510 to COP, 2290/0490 to Lanier; Miami, Fla., VOR; *Hammock INT, Fla,;
Palma, Republic of Panama,VOR; *6,000. 18,000; 45,000. **1,500. *2,000--M-.A *1,200--MOOA,
*4,000.MOCA. J881R is added to read:
Hammock INT, Pie.; Bunker TNT, Fin.;
V-17 isamended by adding: Carleton, Mich., W/P,Rosewood, Ohio, WV/P; *2,000. * 1,300--MOOA.
*David, Republic of Panama, VOR; **Bocas 108; 1930/0130 to Rosewood; 18,000; 45,000.
Del Toro, Republic of Panama,VOR; 9,600. Rosewood, Ohio, W/P, Greentree, Ky., W/P; Bunker INT, lla.; Fort Myers, Fla., VoR;
*2,000. *1,400-MOCA.
*5,900-MCA David VOR, northbound. 127.5; 63.7, Rosewood, 39113,361 N.,
* *3,500-MCA Bocas Del Toro VOR, south- '
83058127" W., 176-/3560 to COP,1760/3560 Section 95.6007 VOR Federalairway 7
bound. to Greentree; 18,000; 45,000. is amended by adding:
Bocas Del Toro, Republic of Panama, VOR; Greentree, Ky., W/P, Lanier, Ga., W/P; 230.3;
Bay, Fla., VOR; *Wcztland TNT,
95, Greentree, S6 34'46" N., 83o48'3711 W.; Biscayne
0
INT 006 BDT/40 NM BDT; *3,000. *1,300-
MOCA. Fla.; **2,000. *2,500.-mA. **1,300-
1760/356- to COP, 1760/3560 to Lanier;
18,000; 45,000. MOCA.
INT 006 BDT/40 NM BDT; INT 006 BDT/100
NM BDT; *7,000. *1,300-MOCA. J882B is added to read: Westland INT, Mse.; *Svhnp INT, 1a,1.
V-18 s amended by adding: * *3,300. *3,300--MOA Svanp INT, south-
Canton, Ga., W/P,Calumet, Ky., W/P; ,225.4;
, ' eastbound. * 0 1,200-MOCA.
Tocumen, Republic of Panama, VOR;. La 140, Canton, 36039142 N., 842615 %V.;
Palma, Republic of Panama, VOR; *4,000. 3580/1780 to COP, 0000/1800 to Calumet; Swamp INT, Fla.; Fort Myers, Fla., VOR;
*2,600-MOCA. 18,000; 45,000. 02,000. *1,300-MOCA.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19675

From1/o; total distance; changeover point From/to; total distance; changeorer point From/to; total distance; changeorer point
distance from geographic location; track distance from geographic location; track
distance from geographic location; track angle;M EA and MAA-Continued
angle; MEA and MAA-Contlnued angle; NEA and MAA--Contlnued
Grant INT, Ga.; Milner INT, Ga.; '2,700. Section 95.6048 VOR Federal airway
Biscayne Bay, Fla., VO1t via B alter.; MIAmi,
Pla., VOlt via E alter.; *2,000. "1,400- *2,300-MOCA. 48 Is amended to read in part:
MOCA. Milner INT, Ga.; Sinclair INT, Ga.; 4,000.
*2,100--MOCA. Burlington. Iowa. VOR; Bush INT, IMl.;
Miami, Fla., VOIt via E alter.; Royal Palm '2,400. '1,900-MOCA.
Sinclair INT, Ga.; Madison INT, Ga.; '2,500.
INT, Fla, via E alter.; *2,000. '1,400- Bush INT. M11.;London INT, IUl.; "2.400.
'2,000--MOCA.
MOCA. *X00.-MOCA.
Royal Palm INT, Fla., via B alter.; Fort Madison INT, Ga.; Athens, Ga., VOR; '2,500.
*2,300-MOCA. London INT. I.; Peoria, Il., VOR; $2,300.
Myers, Fla., VOR. via E alter.; 2,000. S1800i-MOCA.
Athens, Ga., VOR; Anderson, S.C., VOR;
Section 95.6007 VOR Federalairway 7 2,500. '2,300--MOCA. Section 95.6049 VOR federal airway
is amended to read in part: Montgomery, Ala., VOR via N alter.; Senman 49 is amended to read in part:
INT, Ala., via N alter.; 2300. '2,000-
Birmingham, Ala., VOR via E alter.; Blount MOCA. Birmingham. Ala.. VOR; Blount 1NT, Ala.;
-
niT, Ala., via E alter.; '3,000. "2,300- i Seman INT. Ala., via N alter.; Gibson INT, *3,000. 2-00--MOCA.
MOOA. Ala., via N alter.; '4,000. 2300-MOCA. Blount INT, Ala.; Rountree INT, Ala.; 3.000.
Blount INT, Ala., via E alter.; Rountree INT, Gibson INT, Ala., via N alter.; Heflin INT.
Ala, via Z alter.; 3,000. Ala., via N alter.; '6,000. '3,400--MOCA. Section 95.6051 VOR Federal airway
Heflin INT, Ala., via N alter.; Rome, Ga., 51 is amended to read in part:
Section 95.6008 VOR Federalairway,8 VOR via N alter.; '5,000. *4,000--MOCA.
is amended to read in part: Dublin, Ga., VOR; Athens, Ga, VOR; *2500.
Rome, Ga., VOR via N alter.; Nelson 1ST, *2400-MOCA.
Brlggs, Ohio, VO.; Atwood INT, Ohio; 3,000. Ga., via N alter.; 5,600. Athens. Ga., VOR; Commerce INT, Ga.;
Atwood INT, Ohio;, Bellaire. Ohio, VOR; Nelson INT, Ga., via N alter.; Turners INT, '3,600. '3,200-MOCA.
*6,000. 3,000--MOCA. Ga., via N alter.; 6,000.
Turners 1NT, Ga., via N alter.; Toccoa, Ga., Commerce INT, Ga.; Tallulah INT, Ga.;
Section 95.6012 VOR Federal airway VOR via N alter.; 5,000. 5,300.
12 is amended to read in part: Toccoa, Ga., VOR via N alter.; Pelham INT, Tallulah INT, Ga.; Harris, Ga, VOR 7,000.
New Comerstown, Ohio, VOR; Allegheny, Pa.. S.C., via N alter.; 4.000. Harris, Ga., VOR; Etowah INT, Tenn.; 7,000.
VOR; 3,000. Pelham INT., S.C., via N alter.; Spartan- Etowah INT. Tenn.; Hinch Mountain. Tenn..
Allegheny, Pa., VOR; Johnstown, Pa., VOR; burg, S.C., VOR via N alter.; 03.000. VOR; 5,000.
4,900. 02,400--MOCA. Commerce INT, Ga., via W alter.; College
INT, Ga., via. W alter.; 4,600.
Section 95.6018 VOR Federal airway Section 95.6023 VOR Federal airway College INT, Ga., via W alter.; Nelson INT,
18 is amended to delete: 23 is amended by adding: Ga., via W alter.; 5,600.
Hefn INT, Ga.; Temple INT. Ga.; '3,100. Portland, Oreg., VOR via E alter.; 'Toutle Nelson INT, Ga., via W alter.; Ducktown NT,
"2,900--MOCA. INT, Wash., via E alter.; northbound 9,000; Tenn., via Walter.; 6,000.
Temple INT, Ga.- Chattahoochee INT, Ga.; southbound 5,000. *8,500-MRA. Ducktown INT, Tenn., via W alter.; Birch-
2,7OO. Toutle INT, Wash., via E alter.; Alder INT, wood INT, Tenn.. via W alter.; '5,000.
Chattahoochee INT, Ga.; Rex, Ga., VOR; Wash., via E alter.; '9,000. "6,500-MOCA. "2,100-MOCA.
2,200. Alder INT, Wash., via E alter.; Wirt INT,
Rex, Ga., VOR; Madison 3NT, Ga.; *2,700.
Blrchwood INT, Tenn., via W alter.; flnch
Wash., via E alter.; northbound 5,000; Mountain, Tenn., VOR via W alter.; 5,000.
*2,200-MGOCA. southbound 9,000.
Birmingham, Ala., VOR via S alter.; Graham Section 95.60Q6 VOR Federal airway
INT, Ala., via S alter.; 4,000. Wirt INT, Wash., via E alter.; Seattle, Wash.,
VOR via E alter.; 3,000. 66 is amended to read in part:
Graham INT, Ale., via S alter.; Atlanta, Ga.,
VOR via S alter., 3,100. Section 95.6023 VOR Federal airway Chelzea INT, Ala.; Gossett INT, Ala.; 4,000.
Atlanta, Ga., VOR via S alter.; Godfrey INT, 23 is amended to read in part: Gossett INT, Ala.; laGrange. Ga., VOR;
Ga., via S. alter.; 2,500. '3,600. *3,000-MOCA.
Godfrey INT, Ga., via S alter.; Sharon INT. Fort Jones, Calif., VOR via W alter.; *Ham- LaGrange, Ga., VOR; Grant INT, Ga.; '3,500
Ga., via S alter.; *3,500. *2.000-MOCA. burg INT, Calif., via W alter.; "0#10,000.
*3,400-MOCA.
Sharon INT, Ga., via S alter.; Augusta, Ga., , 12,00D-MRA. *"9,000-MOCA. #Course Grant INT, Ga.; Milner INT, Ga.; _'2,700.
VOR via S alter.; '2,000. *1.900-MOCA.* excursions may be experienced between 9
NM and 19 SM northwest of Fort Jones
*2,300-MOCA.
Section 95.6018 VOR Federal airway VOR on V-23 and V-23W below 15.000 MSL. Milner INT, Ga.; Sinclair INT, G.; *4,000.
18 is amended by adding: Fort Jones, Calif., Von; Talent DME Fix.
"2,100-MOCA.
Birmingham, Ala., VOR via N alter.; Hoke. - Oreg.; *#10,000. '9,400-MOCA. -Course Sinclair INT, Ga.; Madison I"T, Ga.; 02,500.
excursions may be experienced between 9 "2,000-MOCA.
Bluff INT, Ala., via N alter.," 3,000.
Hokes Bluff INT, Ala., via N alter.; Rome, NM and 19 NM northwest of Fort Jones Madison INT, Ga.; Athens, Ga.. VOR; '2,500.
Ga., VOR via N alter.; 5,000. '3r900- - VOR on V-23 and V-23W below 15,000 "2,300-MOCA.
MOCA. MSL.
Section 95.6075 VOR Federal airway
Rome, Ga., VOR via N alter.; Nelson INT,
Ga., via N alter.; 5,600.
Section 95.6025 VOR Federal airway 75 s amended to read In part:
Nelson INT, Ga., via N alter.; College INT, 25 is amended to read in part: Bellaire, Ohio, VOR; Atwood INT, Ohio;
Ga., via N alter.; 5,600. Redfln INT, Calif.; Pacific INT, Calif.; '5,000. '6,000. '3,00--MOCA.
College 1NT, Ga., via N alter.; Commerce *2.000--MOCA. Atwood INT, Ohio. Briggs, Ohio, VOR; 3,000.
INT, Ga., via N alter.; 4,600.
CommercelNT, Ga., via N alter.; Athens, Ga. Section 95.6027 VOR Federal airway Section 95.6092 VOR Federal airway
VOR via N alter.; *3,600. "3,200-MOCA 27 is amended to read in part: 92 is amended to read In part:
Athens, Ga., VOR via N alter.; Danburg INT Redfln INT, Calif.; Pacilc 1nT, Calif.; '5,000.
Ga., via N alter.; *2,500. ,2,400-MOCA. Brigg3, Ohio, VORP Atwood INT, Ohio; 3,000.
Danburg INT, Ga., via N alter.; Augusta, Ga. '2,000--MOCA. Atwood INT, Ohio; Bellaire. Ohio. VOR;
VOlR via N alter.; '2,500. *2,500--MOCA. Section 95.6035 VOR Federal airway 00,000. 3,000-MOCA.
Section 95.6018 VOR Federal airwaZ 35 is amended
to read in part: Section 95.60093 VOR Federal airway
18 is amended to read in part: Albany. Ga.. VOR via W alter.; Ideal INT, 93 is amended to read in part:
Ga., via W alter.; '2,000. *1,800-MOCA. Bangor. Maine, VOR; Princeton, Maine, VOR;
Talladega, Ala., VOR; Heflin INT, Ala.;
Ideal INT,.Ga., via W alter.; Byron INT, Ga., '3,000. '2,600-MOCA.
*4,000. *3,800-MOCA.
via W alter.; '3.000. '2,000-MOCA.
Section 95.6020 VOR Federal airwazf Byron INT -Ga., via W alter.; Macon, Ga., Section 95.6094 VOR Federal airway
20 is amended to read in part: VOn via(W alter.; '2,000. 1,000--MOCA. 94 is amended to read In part:
Montgomery, Ala.; VOR; Tuskegee. Ala. St. Petersburg, Fla., VOR; Ellers INT, Fla.; Newman, Tex,, VOR; 'Salt Flat, Tex., VOR;
VOR; 2,000. '1,600. '1,500-MOCA. "8800. *9,100-MCA Salt Flat VOR, east-
Tuskegee, Ala., VOR; Columbus, Ga., VOR; Ellers INT, Fla.; Eddy INT, Fla.; '3,000. bound. "08,700-MOCA.
*2,500. "2,300-MOCA. "1,500-MOCA. 'McConnell INT, Tex., via N alter.; Salt Flat,
Columbus, Ga., VOR; Grant INT, Ga.; '2,700 Eddy INT, la.; Cross City, FMn., VOR; '2500. Tex, VOR via N alter.; 6,000. '10,500-
"2,400-MOCA. '1,400-MOCA. MRA.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19676 RULES AND REGULATIONS
From/to; total distance; changeover poinj From/to; total distance; changeover poini From/to; total distance; changeover point
distance from geographic location; tracA distance from geographic location; tracl distance from geographic location; track,
angle; MEA and MAA--Contnued angle; MEA and MAA-Continued angle; MEA and MAA-Continued
Section 95.6097 VOR Federal airwa Section 95.6142 VOR Federal airwaz Section 95.6224 VOR Federal airway
97 is amended to delete: 142 is added to read: 224 is added to read:
Arcadia TNT, Fla., via E alter.; Lakeland, Fla., Hampton INT, Ga.; Godfrey INT, Ga.; "7,500, Heflin INT, Ga.; Rex, Ga., VOR *4,000.
VOR via E alter.; *2,000. *1,500---OCA. "2,500--MOCA *3,700--\XOCA.
Lakeland, Fla., VOlt via E alter.;.Bayport INT, Godfrey INT, Ga.; Sharon INT, Ga.; *3,500 fRex, Ga., VOR; Madison INT, Ga.; *3,000,
Fla., via E alter.; *1,800. *1,500--MOOA. *2,000--MOCA. *2,400---IMOCA.
Bayport INT, Fla., via E alter.; Richey INT, Sharon INT, Ga.; 14agusta, Ga., VOR; 2,000.
Fla., via E alter.; *3,000. "1,200-MOCA. Section 95.6237 VOR Federal airway
Richey, INT, Fla., via E alter.; Shrimp TNT, Section 95.615 VOR Federal airwa 237 is amended to read in part:
Fla., via E alter.; *5,000. *1,20--MOCA. 157 is amended to read in part: Needles, Calif., Von; Boulder City, Nov.,
Shrimp INT, Fla., via E alter.; *Scallop INT, VOR; 7,600.
Miami, Fla., VOR; LeBelle, Fla., Von; *2,000.
Fla., via E alter.; *'5,000. *3,000-MRA. *1,400---..OCA.
* * 1,200-MOCA. Pine INT, Fla., via west alternate; Swamp Section 95.6241 VOR Federal airway
Scallop INT, Fla., via E alter.; Cross City, Fa., 241 is amended to delete:
VOlt via E alter.; *1,500. *1,200-MOCA. INT, Fla., via west alternate; *2,300.
*1,500--MOCA. Columbus, Ga., VOR: Geneva INT, Ga.;
Cross City, Fla., VOR via E alter.; Tallahas-
Swamp INT, Fla., via west alternate; LaBelle,*2,200. '1,600--MOCA.
see, Fla., VOR via E alter.; *2,000. *1,600--
MOCA. Fla., VOR via west alternate; *2,000. Geneva INT, Ga.; Raleigh INT, Oa,; *3,600.
Albany, Ga., VOR via E alter.; Montezuma *1,500-MOCA. *3,400--MOCA.
INT, Ga., via E alter.; *2,000. *1,800- Raleigh INT, Ga.; Woodbury INT, Ga.; 3,400,
Section 95.6159 VOR Federal airway Woodbury INT, Ga.; Atlanta, Ga,, Von;
MOCA. 159 is amended to read in part:
Montezuma INT, Ga., via E alter.; *Butler *2,500. *2,300---MOCA.
INT, Ga., via E alter.; **5,000. *3,800- Tuskegee, Ala., VOR; Seaman INT, Ala.; Columbus, Ga., VOR via E alter.; Geneva
MRA. **1,800-MOCA. *2,000. * 1,800-MOCA. INT, Ga.; via E alter.; '2,200. 1,600-
Butler INT, Ga., via E alter.; Griffin INT, Ga., Seaman INT, Ala.; Andy INT, Ala.; *3,000. MOCA.
via E alter; *4,000. *2,100--MOCA. *2,800--MOCA. Raleigh INT, Ga., via E alter.: Shirley INT,
Griffin INT, Ga., via E alter.; Atlanta, Ga., Andy INT, Ala.; Birmingham, Ala., Volt; Ga., via E alter.; 3,400.
VOR via E alter.; *2,600. *2,300--MOCA. *3,500. *2,800-MOCA. Shirley INT, Ga., via E alter.; Brooks INT,
Grant INT, Ga.; Concord NT, Ga.; "3,000 Birmingham, Ala., VOR; Cardova INT, Ala.; Ga., via E alter.; *2,800. *2,300-4OOA.
"2,600-TOCA. 2,200. Brooks INT, Ga., via E alter.; Atlanta, Ga.,
Concord INT, Ga.; Brooks INT, Ga.; *2,800. Cardova INT, Ala.; Hamilton, Ala., VOR; VOR via E alter.: *2,500. *2,300-MOOA.
*2,300-MOCA. 2,500. Columbus, Ga., VOR via W alter.; Big Spring
Brooks INT, Ga.; Atlanta, Ga., VOR; *2,500. INT, Ga., via W alter.; '2,800. *2,300--
*2,300---MOCA. Section 95.6168 VOR Federal airway MOCA.
Atlanta, Ga.; VOR via E alter.; Tucker TNT, 168 is added to read. Big Spring INT, Ga., via W alter,; Tyrone
Ga., via E alter.; 3,000. INT, Ga.,, via W alter.;. *2,600. '2,200-.
Birmingham, Ala., VOR; Gossett INT, Ala.; MOCA.
Tucker INT, Ga., via alter.; Norcross, Ga., 4,000.
VOR via E alter.; 3,100. Tyrone INT, GIa., via W alter.; Atlanta, Ga.,
Norcross, Ga., VOlt via E alter.; Cumming Section 95.6179 VOR Federal airway VOlt via W alter.; *2,500. *2,300--MOCA,
INT, Ga., via E alter.; 2,700. 179 is added to read:
Cuming INT, Ga., via E alter.; College INT, Section 95.6241 VOR Federal airway
Ga., via E alter.; *5,000. *4,100---MOCA. Dublin, Ga., VOR; Sinclair INT, Ga.; *2,500. 241 is amended to read in part:
College INT, Ga., via E alter.; Harris, Ga., *2,000--MOCA.
Columbus, Ga., VOR; Tyrone INT, Ga.; *3,000,
VOR via E alter.; 6,200. Sinclair 1NT, Ga.; Hampton TNT, Ga.; 2,500. *2,300-MOCA.
Harris, Ga., VOR via E alter.; Fontana INT,
N.C., via E alter.; 7,800. Section 95.6194 VOR Federal airway Section 95.6243 VOR Federal airway
Fontana INT, N.C., via E alter.; *Kinzel INT, 194 is amended to read in part: 243 is amended to delete:
Tenn., via E alter.; **7,000. *6,000-MCA Norcross, Ga., VOR; Commerce TNT, Ga.;
Kinzel INT, southbound. **6,800-MOCA. -4,000. *3,400-MOCA.
Vienna, Ga., VOlt via E alter.; Macon, Ga.,
Kinzel INT, Tenn., via E alter.; Knoxville, VOR via E alter.; '2,000. *I80-MOTCA.
Commerce INT, Ga.; Anderson, S.C., VOl; Macon, Ga., VOR via E alter.; Yate3ville INT,
Tenn., VOR via E alter.; 4,200. 3,000. Ga., via E alter.; *2,200. '1,000--MOCA.
Section 95.6097 VOR Federal airway
97 is amended to read in part:
Section 95.6198 VOR Federal airway Section 95.6243 VOR Federal airway
198 is amended to read in part: 243 is amended to read in part:
Americus TNT, Ga.; Tazewell INT, Ga.; *3,000. Holly Beech INT, La.; White Lake, La.,
*2,100-MOCA. Vienna, Ga., VonR: Grant INT, Ga.; *3,000.
VOR; *2,000. *1,600--A.5OCA. '2,700-MOA.
Tazewell, INT, Ga.; Grant INT, Ga.; *4,000.
*2,200--MOCA. Grant INT, Ga.; LaGrange, Ga., VOR; *3,500,
Section 95.620 VOR Federal airway *3,400-MOCA.
Nelson INT, Ga.; Murphy INT, N.C.; *8,000. 204 is amended to read in part:
*6,200-MOCA. LaGrange, Ga., VOR; Heflin INT, Ala.: '4,000,
Joliet, ni., VOR; *Warren. McKenna INT, Wash.; *Alder INT, Wash.; *2,800-MOOA.
., Ill.; **2,500. Heflin INT, Ala.; Felton INT, Ala.; '0,000.
*5,500-MRA. **2,100-MOCA. 9,000. *5,800---MCA Alder INT, eastbound.
Alder INT, Wash.; Tampico TNT, Wash.; "3,400--MOA.
Warren INT, Ill.; Lakewood INT, Inl.; *Z,700.
*2,200---1..OCA. 10,000. Felton INT, Ala.; Gore INT, Ga.; '5,000.
*4,000-MOA,
Miami, Fla., VOR; LaBelle, Fla., VOR; *2,000.
*1,400---lOCA. Section 95.6222 VOR Federal airway Gore INT, Ga.; Chattanooga, Tenn., VOR
222 is amended to delete: 4,000.
Darby INT, Fla.; *Scallop INT, Fla.; * *5,000.
* 3,000---A k. ** 1,200---MOCA. Norcross, cia., VOR; Cumming, INT, Ga.; Section 95.6267 VOR Federal airway
2,700. 267 is amended to read in part:
Section 95.6103 VOR Federal airway Cumming INT, Ga.; Toccoa, Ga., VOR;
103 is amended to read in part:
Dublin, Ga., VOR; Athens, Ga., VOR; *2600.
'4,000. *2,700---MOCA. 02,400--TOCA.
Bellaire, Ohio, VOR; Atwood TNT, -Ohlo; Athens, Ga., VOR: Commerce INT, Ga,;
*6,000. *3,000-OCA. Section 95.6222 VOR Federal airway
222 is amended by adding: *3,600. $3,200---OCA.
Atwood INT, Ohio; Akron, Ohio, Von; 3,000. Commerce INT, Ga.; Tallulah INT, Ga, i,300,
Montgomery, Ala., VOn; Kent INT, Ala.;
Section 95.6115 VOR Federal airway 2,000. Tallulah INT, Ga.; Harris, Ga., VOR: 7,000.
115 is amended to read in part: Kent INT, Ala.; LaGrange, Ga., VOR; *2,600. Section 95.6281 VOR Federal airway
Birmingham, Ala., VOn; Whitney INT, Ala.; *2,100---MOCA. 281 is added to read:
*3,000. *2,500-MOCA. LaGrange, Ga., VOR; Tyrone INT, Ga.; Albany, Ga., Von; Ideal INT, Ga.
*2,700. *2,100---MOCA. '2,000,
Whitney INT, Ala.; Chickamuga INT, Ala.; *1,800--MOCA.
4,000. Norcross, Ga., VOR; Toccoa, Ga., VOR; *4,000. Ideal INT, Ga.; Hampton INT, Ga,
*3.400-MOCA. *5,000,
*2,100-MOCA.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19677
From1to; total distance; changeover point From/to; total distance; changcorer point IDocket No. 11433; Amdt. 771
distance from geographic location; track distance from geographic location; track
angle; MEA and MAA--Continued angle; MEA and.MAA--Continued PART 97-STANDARD INSTRUMENT
Section 95.6311 VOR Federal airway Section 95.6492 VOR Federal airway APPROACH PROCEDURES
311 is amended to read in part: 492 is amended to read in part: Miscellaneous Amendments
Norcross, Ga., VOR; .Commerce INT, Ga.;- la Belle, Fla., VOR; INT 099 * M rad, La Bello
1 *4,000. *3,40--MOCA. VOR and 272- M tad, Palm Beach VOE: This amendment to Part 97 of the
Commerce MT, Ga.; Anderson, S.C., VOR; *2.000. 01,600--MOCA. Federal Aviation Regulations incorpo-
3,000. rates by reference therein changes and
INT 099" 11 sad, La Belle VOR and 272* M
additions to the Standard Instrument
Section 95.6321 VOR Federal airway tad. Palm Beach VOR; Palm Beach. Fla..
VOR: 1.600. Approach Prozedures (SIAPs) that were
321 is amended to read: ' recently adopted by the Administrator
Columbus, Ga., VOR; LaGrange, Ga., VOR; Section 95.7108 Jet route No. 108 is to promote safety at the airports con-
*2,500. *2,000--MOCA. amended by adding: cerned.
LaGrange, Ga.. VOR; Hefln INT, Ga.; *4,000. FROM. TO, MEA and MAA
*2,80- mOcA. The complete SLAP's for the changes
Heflin INT, Ga.; Gadsden, Ala., VOR; 4,000. St. Johns, Ariz., VORTAC: Truth or Con- and additions covered by this amend-
sequences, N. I%ex., VORTAC: 18,000: ment are described in FAA Forms 3139,
Section 95.6323 VOR Federal airway 45,000. 8260-3,8260-4, or 8260-5 and made a part
323 is added to read: Truth or Consequences. N. Mdex.. VO1TAC; of the public rule making dockets for the
Macon, Ga., VOR; Hampton INT, Ga.; 2,500. Wink. Tex.. VORTAC: 24,000: 45.000. FAA in accordance with the procedures
set forth in Amendment No. 97-696 (35
Section 95.6325 VOR Federal airway Section 95.7166 Jet route N1o. 166 is P.R. 5609).
325'is amended by adding: added to read:
SIAP's are available for examination
Dallas INT, Ga.; Gadsden, Ala., VOR; *6,000. San Simon. Aria., VORTAC; Truth or Con- at the Rules Docket and at the National
3,800-MOCA. - sequences. N. Mem., VORTAC: 18,000;
45,000. 0 Flight Data Center, Federal Aviation
Section 95.6333 VOR Federal airway Truth or Consequences, N. Mex.. VORTAC; Administration, 800 Independence Ave-
333 is amended by adding: Roswell, N. Mex.. VORTAC; 24,000; 45,000. nue SW., Washington, DC 20590. Copies
of SIAP's adopted in a particular region
Dallas ThT, Ga.; Rome, Ga., VOR, 4,700. 2. By amending Subpart D as follows: are also available for examination at the
Rome, Ga., VOR; Chattanooga, Tenn., VOR; Section 95.8003 VOR Federal airway
4 o0. changeover points. headquarters of that region. Individual
- Chattanooga, Tenn., VOR; Brayton INTF copies of SIAP's may be purchased from
Tenn.; 3,500., From; TO-Changcorcr point: the FAA Public Document Inspection
Brayton INT, Tenn.; Hinch Mountain, Tenn., Distance;from Facility, HQ-405, 800 Independence Ave-
VOR; 5,000. V-5 is amended by adding: nue SW., Washington, DC 20590, or from
Section 95.6429 VOR Federal airway Dublin, G-.. VOR; Athens. Ga., VOR; 44; the applicable FAA regional office in
429 is amended to read in part: Dublin.
F- -7samended to delete:
accordance with the fee schedule pre-
scribed in 49 CFA 7.85. This fee is pay-
Joliet, Mll., VOR; *Warren INT, Ill.; * 02,500. Miami, 77a., VOR; Fort Myers, Fla., VOR; able in advance and may be paid by
"5,500--MRA. **2,100--MOCA. 44; Miami. check, draft or postal money order pay-
Warren INT, I114 Lakewood INT, 11.;*2,700 V-7is amended by adding:
*2,200-MOCA. Biscayne Bay. Ma., VOR; Fort Myers, Fla., able to the Treasurer of the United
VOR; 53; Biscayne Bay. States. A weekly transmltta: of all SIAP
Section 95.6434 VOR Federal airway V-2O Is amended to delete: changes and additions may be obtained
434 is amended to read in part: LaGrange. Ga., VOR: Atlanta. Ga., VOR; by subscription at an annual rate of
Champaign, Ill., VOR; Jnalca INT, Ml.; 21; La Grange. $125 per annum from the Superintendent
2,800. 2,500-MOCA. V-20 is amended by adding: of Documents, U.S. Government Print-
JamaicaNT, Ill.; Andretti INT, Ind.; *2,800. Athens, Ga., VOR; Anderson, S.C., VOR; ing Office, Washington, D.C. 20402.
*2,200-MOCrA. 20; Athens.
Montgomery, Ala., VOR; Tuskegee, Ala., VOR;
Since a situation exists that requires
Andretti :NT, Ind.; Indianapolis, Ind., VOR;
"2,800. *2,300-MOCA. 18; Montgomery. immediate adoption of this amendment,
V-23 is amended by adding: I find that further notice and public pro-
Section 95.6454 VOR Federal airway Portland, Oreg.. VOR via E alter.; Seattle, cedure hereon is impracticable and good
454 is amended to read in part: Wash., VOR via E alter.; 20; Portland. cause exists for making It effective in less
Columbus, Ga., VOR; Grant INT, Ga.;, *2,700. V-51 is amended by adding: than 30 days.
*2,400-MOCA. Dublin, Ga., VOR; Athens, Ga., VOR; 44; In consideration of the foregoing, Part
Grant INT, Ga.; Milner INT, Ga.; *2,700. Dublin. 97 of the Federal Aviation Regulations is
*2,300-MOCA. V-66 is amended to delete:
amended as follows, effective on the dates
Milner INT, Ga.; Sinclair INT, Ga.; *4,000. Brookwood, Ala., VOR: Atlanta, Ga., VOR; specified:
*2,100-MOCA. 82; Brookwood.
Sinclair INT, Ga.; Godfrey INT, Ga.; *2,500. V-222 is amended by adding: 1. Section 97.23 is amended by estab-
*2,000--MOCA. -Montgomery, Ala., VOR; La Grange. Ga.. 1shing, revising, or canceling the follow-
Codfrey INT, Ga.; Madison INT, Ga.; *2,500. VOR; 38; Montgomery. ing VOR-VOR/DIME SlAP's, effective
*2,300--MOCA. V-237 is amended by adding:
November 4, 1971:
Section 95.6463 VOR Federal airway Needles, Calif., VOR: Boulder City. Nor.,
VOR: 16; Boulder City. Buffalo, N.Y.--Greater Buffalo International
463 is amended by adding:
V-243 is amended to delete: Airport; VOR Runway 31, Amdt. 13;
Norcross, Ga., VOR; College TNT, Ga.; *5,000. Vienna, Ga., VO; Atlanta. Ga., VOR; 44; Revised.
*4,100-MOCA. .Vienna. Premont. Ohio-Prgre Field; VOR Runway
College INT, Ga.; Harris, Ga., VOR; 7,OO0. V-327 is amended by adding: 9. Amdt. 1; Revised.
Lancaster, Pa.-Lancster Airport; VOR Run-
Section 95.6492 VOR Federal airway Phoenix, Ariz., VOR; Flagstaff. Ariz.. VOR: way 8, Amdt. 7; Revised.
491 is added to read: 73; Phoenix. Mcmb. Utah--Canyonlands Field; VOR-A.
Grant T, Ga.; Atlanta, Ga., VOR; 3,500. (Sees.307, 1110. Federal Aviation Act of 1958. Amdt. 1; Revised.
Atlanta, Ga., VOR; Nelson INT, Ga.; 3,500. 49 U.S.C. 1348,1510) Pccatello. Idaho-Pccatello Municipal Air-
Section 95.6492 VOR Federalairway port: VORJDME Runway 21, Amdt. 2;
Issued in Washington, D.C., October 1, Revised.
492 is amended to delete: 1971.
Acting Director,
2. Section 97.25 is amended by estab-
La Belle, Fla., VOR via S alter.; Canal INT, lishing, revising or canceling the follow-
Fla., via S alter.; *2,000. *1,600--MOCA.
Canal INT, Fla.,via S alter.; Palm Beach, la., FlightStandardsService. ing LOC-LDA SIAPs, effective Octo-
VOR via S alter.; 2,000. [FR Doc.71-14752 Filed 10-8-71;8:45 am] ber 21,1971:

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19678 RULES AND REGULATIONS
South Bend, Ind.-St. Joseph County Air- Issued In Washington, D.C., on Sep- cepting or rejecting tho settlement offer and
port; LOG (BC) Runway 9, Amdt. 8; tember30, 1971. in the event ouch a request Is made the in-
Revised. formation which Is the subjeot of the re-
WILLIAM G. SHREVE, Jr., quest will continue to be withheld pending
3. Section 97.25 is amended by estab- Acting Director, Board action on the request for nondisolos-
lishing, revising or canceling the follow- Flight Standards Service; ure. Such requests must, of courco, comply
ing SDF-LOC-LDA SIAP's effective with the requirements of Rule 39(d) of the
November 4, 1971 NOTE: Incorporation by reference pro- Board's Procedural Regulations relating to
Norwood, Mass.-Norwood Memorial Airport; visions in 97.10 and 97.20 (35 F.R. identification of the information sought to
SDF Runway 35, Original; Established. 5610) appioved by the Director of the be withheld and must provide reason iegVl-
Buffalo, N.Y.-Greater Buffalo International Federal Register on May 12, 1969. ly sufficient to support withholding under
Airport; LOC (BC) Runway 5, Amdt. 13; section 1104 of the Act.2
[FR Doc.71-14753 Filed 10-8-71;8:45 am]
Canceled. In order to insure that the Board's
Colorado Springs, Colo-Peterson Field; LOC rules accurately reflect Board practice,
(BO) Runway 17, Amdt. 7; Revised. Chapter Il-Civil Aeronautics Board and in order to provide the public with
Cordova, Alaska-Cordova Mile 13 Airport;
LOC/DME Runway 27, Amdt. 1; Revised. additional notice that settlement docu-
SUBCHAPTER B-PROCEDURAL REGULATIONS mentation is to be treated confidentially,
4. Section 97.27 is amended by es-- [Reg. PR--122; Amdt. 7] we are amending Rule 215 so as to pro-
tablishing, revising or canceling the fol-
lowing NDB/ADF SIAP's, effective PART 302-RULES OF PRACTICE IN scribe the procedures detailed in Order
71-8-11. For the reasons set forth in said
November 4, 1971: ECONOMIC PROCEEDINGS order, it is our judgment that disclosure
Buffalo, N.Y.-Greater Buffalo International Confidential Treatment of Settlement of such settlement documentation, ex-
Airport; NDB Runway 5, Amdt. 5; Revised.
Buffalo, N.Y.---Greater Buffalo International Documentation in Enforcement Pro- cept to the extent herein provided, would
adversely affect the interests of the par-
Airport; NDB Runway 23, Amdt. 9; Re- ceedings ties to settlement offers and is not re-
vised. Adopted by the Civil Aeronautics quired in the interest of the public.
Colorado Springs, Cblo.-Peterson Field; NDB
Runway 35, Amdt. 17; Revised. Board at its office in Washington, D.C., Since this rule is procedural In nature,
Pocatello, Idaho-Pocatello Municipal Air- on the 6th day of October 1971. and since It merely codifies a preexisting
port; NDB Runway 21, Amdt. 12; Revised. Rule 215 of the Board's rules of prac- Board practice, the Board finds that
5. Section 97.29 is amended by estab- tice provides that parties to economic notice and public procedure hereon are
lishing, revising, or canceling the follow- enforcement proceedings may submit of- unnecessary and the amendment may be
ing IIS SIAP's, effective October 7, 1971: fers of settlement or proposals of adjust- made effective Immediately.
ment, and the rule prescribes procedures Accordingly, the Civil Aeronautics
Washington, D.C.-Dulles International Air- to be followed in connection with such Board hereby amends 302.215(b) of Its
port; ILS Runway 1R, Amdt. 9; Revised. offers or proposals. Procedural Regulations - (14 CFR Part
6. Section 97.29 is amended by estab- In a recent case involving an offer of 302), effective October 6, 1971, to read as
lishing, revising, or canceling the follow- settlement pursuant to Rule 215, the follows:
ing ILS SIAP's, effective October 21, Board granted a request of a party that 302.215 Offers
settlement documentation be withheld of settlemcnt.
1971:
South Bend, Ind.-St. Joseph County Air- from public disclosure until the Board
port; ILS Runway 27, Amdt. 25; Revised. had taken final action upon the settle- (b) Any offer or proposal submitted
ment offer.' This action was consistent pursuant to paragraph (a) of this sec-
7. Section 97.29 is amended by bstab- with previous, but uncodifled, Board tion, any responses thereto, any memo-
lishing, revising, or canceling the follow- practice. In the order, we alluded to the randa filed in support thereof or In op-
ing ILS SIAP's, effective November 4, fact that such confidential treatment position thereto, and any other settle-
1971. tends to further the strong public policy ment documentation, shall be withheld
Atlanta, Ga.-Fulton County Airport; ILS favoring settlement of litigation, inas- from public disclosure until 5 days after
Runway an, Original; Established. much as parties might otherwise be the issuance of a final order of the Board
Buffalo, N.Y.---Greater Buffalo International reluctant to reveal certain internal in- either accepting or rejecting the offer
Airport; ILS Runway 5, Amdt. 6; Revised. formation or to make certain admissions. or proposal. At any time prior to the ex-
Buffalo, N.Y.--Greater Buffalo International
Airport; ILS Runway 23, Amdt. 20; Revised. In the same order, we detailed the piration of the time prescribed herein for
Colorado Springs, Colo.-Peterson Field; ILS proper treatment of material constitut- the withholding of Information from
Runway 35, Amdt. 23; Revised. ing settlement documentation filed pur- public disclosure, a party may file a re-
Los Angeles, Calif.-Los Angeles Internation- suant to Rule 215 and to section 561 of quest for further withholding from public
al Airport; ILS Runway 24L/R, Amdt. 1; the CAB manual, "Board Consideration disclosure. Such a request must be filed
Revised. of the Offers of Settlement," and we in- in the form prescribed in 302.39(d),
Los Angeles, Calif.-Los Angeles Internation- dicated that we had instructed the staff and must provide reasons legally suffi-
al Airport; ILS Runway 25L/R, Amdt. 1;
Revised. to prepare an appropriate amendment cient to support withholding the Infor-
Pocatello, Idaho-Pocatello Municipal Air- to section 561 of the manual. We de- mation under section 1104 of the Act.
port; ILS Runway 21, Amdt. 15: Revised. scribed the procedures as follows: In any case where such a request Is
Rock Springs, Wyo.-Rock Springs-Sweet- * * * For purposes of offers of settlement, timely and properly filed, the informa-
water County Airport; ILS Runway 25, the offers of -theparties, the responses tliere- tion which is the subject of the request
Amdt. 17; Revised. to, any submissions to the Board, and the shall be withheld from public disclosure
supporting or opposing memoranda, together pending the Board's disposition of the
8. Section 97.31 is amended by estab- with other settlement documentation, will
lishing, revising, or canceling the follow- be withheld from public disclosure until 5 request.
ing Radar SIAP's, effective November 4, days after final order of the Board either (Sees. 204(a) and 1104 of the Federal Avia-
1971. accepting or rejecting such proposal. If the tion Act of 1958, as amended, 72 Stat, 743,
Buffalo, N.Y.--Greater Buffalo International respondent believes that further withhold- 797; 49 U.S.C. 1324, 1504)
Airport; Radar-i, Amdt. 7; Revised. ing is necessary in order to obviate any ad-
verse effect upon his interests, It will be In- By the Civil Aeronautics Board.
Colorado Springs, Colo.-Peterson Field; cumbent upon him to request further with-
Radar-1, Amdt. 9; Revisqd. holding from public disclosure. Such a re- [SEAL] IHARRY J. ZINIC,
(Sees. 307, 313, 601, 1110, Federal Aviation quest may be filed at any time up to 5 days Secretary,
Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510; following issuance of the Board's order ac- [FR Doc.71-14877 Filed 10-8-71;8:61 a ml
sec. 6(c) Department of Transportation Act,
49 U.S.C. 155(c) and 5 U.S.C. 552(a) (1)) 'Order 71-8-11, August 3, 1971. - Order 71-8-11 at 2, 3.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19679

(a) That any product is offered for proposed respondent offers for sale, and
Title 16-COMMERCIAL sale when such offer is not a bona fide
offer to sell the advertised product.
sells beef portions, but, are instead "sale"
or "special" prices, and therefore lower
PRACTICES (b) That any products are offered for prices than are proposed respondent's
Chapter i-Federal Trade Commission
sale, when the purpose of such represen- regular and ordinary prices when, in
tation is not to sell the offered products, truth and in fact, such stated prices are
[Docket No. C-20231 but to obtain prospects for the sale of the prices regularly and ordinarily
PART -13-PROHIBITED TRADE other products at higher prices. charged by proposed respondent for the
2. Disseminating or causing the dis- products advertised, and do not consti-
PRACTICES semination of any advertisement by tute a reduction from proposed respond-
Angelo Cofone et al. means of the U.S. malls, or by any means ent's regular and ordinary prices.
in commerce, as "commerce" is defined 6. Disseminating or causing the dis-
Subpart---Advertising falsely or mis- in the Federal Trade Commission Act, semination of any advertisement by
leadingly: 13.70 Fictitious or mislead- which represents, directly or by implica- means of the United States mals, or by
ing guarantees; 13.71 Financing:13.- tion: any means in commerce, as "commerce"
71-10 Truth in Lending Act; 13.73 (a) That purchasers, in the ordinary is defined in the Federal Trade Commis-
Formalregulatoryand statutoryrequire- course of proposed respondents business, sion Act, which fails to clearly and con-
ments: 13.73-92 Truth in Lending Act; may arrange for the extension, by pro- spicuously disclose:
13.155 Prices: 13.155-10 Bait; 13.- posed respondent, of credit for purchases a. That all untrimmed beef portions
155-100 Usual as reduced, special, etc.; of beef portions when proposed respond- are sold subject to weight loss due to cut-
13.155-95 Terms and conditions; 13.- ent does not so extend credit in the ordi- ting, dressing and trimming. -
155-95(a) Truth in Lending Act; 13.- nary course and conduct of his business. b. That the price charged for such
175 Quality of Product or service; 13.- (b) That purchasers may arrange to beef is based on the weight thereof be-
230 Size orweight; 13.260 Terms and make deferred payments for their pur- fore cutting, dressing and triming
conditions.Subpart--Neglecting, unfairly chases directly to the proposed respond- occurs.
or deceptively, to make material disclo- ent, upon his alleged extension of credit, c. The average percentage of weight
sure: 13.1852 Formal regulatory and when arrangement cannot be made by loss of such beef due to cutting, dressing
statutory, requirements: 13.1852-75 purchasers to make such deferred pay- and trimming.
Truth in Lending Act; 13.1905 Terms ments directly to proposed respondent,
and conditions: 13.1905-50 Sales con- 7. Disseminating or causing the dis-
but, instead payments must be made to a semination of any advertisement by
tract; 13.1905-60 Truth in Lending Act. third party.
3. Disseminating or causing the dis-
means of the U.S. mails, or any means
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret in commerce, as "commerce" is defined
or apply Sec. 5, 38 Stat. 719, as amended, semination of any advertisement by in the Federal Trade Commission Act,
82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605) means of the US. mails, or by any means which falls to clearly and conspicuously
[Cease and desist order, Angelo Cofone et al., in commerce, as "commerce" is defined in
Norwich, Conn., Docket'No.C-2023, Sept. 2, include the statement, "this meat is of
19711 the Federal Trade Commission Act, a grade below U.S. Prime, U.S. Choice
which fails to clearly and conspicuously and U.S. Good", when such advertise-
In the Matter of Angelo Cofone, an In- disclose that purchasers' installment con- ment includes U.S. Department of Agri-
dividual Doing Business as T-Ville tracts, unless they expressly provide to culture graded meat which is below the
Freezer Meats, Tattville Beef Co., the contrary, will be placed with a fi- grade, "U.SD.A. Good:'
andas Beefland Beef Co. nance company, or any similar institu- 8. Disseminating or causing to be
Consent order requiring a Norwich, tion, for the purpose of collection, and. disseminated by aby means, for the pur-
that interest and/or carrying charges will
Conn., individual selling and distributing be included in the installment payments pose of inducing, or which is likely to
beef and other meat products in Con- if an account is not paid within a speci-
induce, directly or indirectly, the pur-
necticut and New Hampshire to cease fied period of time set by proposed re- chase of any meat or other food product
using bait advertising, failing to disclose spondent, said time period to appear in in commerce, as "commerce" is defined
that payments on extended credit must purchasers' installment contracts. in the Federal Trade Commission Act,
be made to third parties, failing to dis- 4. Disseminating or causing the dls-
any advertisement which contains any
close all terms of a guarantee, advertis-
seminaton of any advertisement by of the representations or misrepresenta-
ing regular prices as "sale" or "special," means of the U.S. mails, or any means
tions prohibited in paragraphs 1, 2 and 5
failing to grade lower cuts of meat as in commerce, as "commerce" is defined of this order or fails to comply with the
below "U.S.D.. Prime," failing to in-
in the Federal Trade Commission Act, alirmative requirements of paragraphs
clude on the face of installment contracts
which fails to clearly and conspicuously 3,4,6 and 7hereof.
that third party takers are subject to all 9d Discouraging the purchase of, or
defenses of the makers, and failing to disclose all terms of any guarantee, of
beef or other food products, appearing disparaging in any manner, or encourag-
make all disclosures required by Regula- ing, or instructing, or suggesting that
tion Z of the Truth in Lending Act. in such disseminated advertisements
including: others discourage or disparage, any meat
The order to cease and desist, includ- or other food products which are adver-
ing further order requiring report of a. The US.D.A grade and price of tised or offered for sale in advertise-
.compliance therewith, is as follows: beef guaranteed by proposed respondent. ments disseminated or caused to be dis-
It is ordered, That proposed respond- b. The characteristics or properties of seminated by means of the US. mail or
ent, Angelo Cofone, individually and the guaranteed beef or other food prod- by any means in commerce, as "com-
doing business as T-Ville Freezer Meats, uct covered by the guarantee. merce" is defined in the Federal Trade
and as Tattville Beef Co., and as Beef- C. The duration of the guarantee. Commission Act.
land Beef Co., and proposed respondent's d. The conditions to be met by a claim- 10. Failing to include the following
agents, representatives and employees, ant under the guarantee. legend on the face of any installment
directly or through any corporate or e. The manner in which proposed re- contract or Instrument of indebtedness
other device, in connection with the spondent will perform or fulfill his ob- which s to be assigned or negotiated,
offering for sale, sale or distribution of ligation under the guarantee. by proposed respondent, to a third party.
beef or any Other food product, do forth-
with cease and desist from: 5. Disseminating or causing the dis- NonicE
1. Disseminating or causing the dis- semination of any advertisement by Any holder of this Instrument, or of the
means of the U.S. mails or by any means rights as-igned under this installment con-
semination of any advertisement by in commerce, as "commerce" is defined tract. shall take It subject to any and all
means of the U.S. mails, or by any means in the Federal Trade Commission Act, defences arlsing in behalf of the maker, or
in commerce, as "commerce" is defined which represents, directly or by implica- the party to be charged, against Angelo
in the Federal Trade Commission tion that prices stated in proposed re- Cofone, individually and trading as T-Ville
Act, which represents, directly or by spondent's advertisements are not the Free= Meats, Taftvile Beef Co., and as
inplication: Beefland Beef Co., or any successor thereto,
regular and ordinary prices at which which arLse out of any conduct in connection

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19680 RULES AND REGULATIONS
with the agreement giving rise to this in- packages to trace merchandise, termi-
strument or installment contract which vio-
packaging of its product, as a means of
lates the Federal Trade Commission Act or nating business with any dealer for fail- tracing sales of Its products to particu-
any other statute administered by the Fed- ure to observe any prohibited practice, lar dealers where the purpose or effect
eral Trade Commission. and to reinstate any former dealer which of such tracing Is to Implement any of
has failed to comply with the prohibited the acts, practices, conditions, agree-
11. Failing in any consumer credit terms of this order. ments or understandings prohibited in
transgction or advertisement, to make all The order to cease and desist, Includ- paragraphs A and G above.
disclosures, determined- in accordance ing further order requiring report of I. Discriminating or taking reprisals
with 226.4 and 226.5 of Regulation Z, compliance therewith, is as follows: against or exerting pressure on any
in the manner, form and amount re- I. It is ordered, That resIlondent dealer to comply with any of the acts,
quired by 226.6, 226.7, 226.8, 226.9 and Bonne Bell, Inc., a corporation, its offi- practices, conditions, agreements or un-
226.10 of Regulation Z. cers, agents, representatives, and em- derstandings prohibited In parpgraphs
12. Failing to deliver a copy of this ployees, successors and assigns, directly A and G above.
order to cease and dtesist to all managers or through any corporate or other device, J. Terminating business relationships
and salesmen, both present and future, in connection with the offering for sale, with any dealer because such dealer has
and to any other person now engaged or sale or distribution of any products in- failed to comoly with any of the acts,
who becomes engaged in the sale of meat cluding, but not limited to, cosmetic and practices, conditions, agreements or un-
or other food products as proposed toilet products in commerce, as "com- derstandings prohibited In paragraphs
respondent's agent, representative, or merce" is defined in the Federal Trade A and G above.
employee, and to secure a signed state- Commission Act, do forthwith cease and Nothing In this order shall be con-
ment from each of said persons acknowl- desist from: strued to prevent respondent from en-
edging receipt of a copy thereof. A. Engaging in any one or more of the
It is further ordered, That proposed gaging In a legitimate fair trade pro-
following acts or practices: gram in those States having fair trade
respondent notify the Commission at 1. Entering into, maintaining or en- laws.
least 30 days prior to any proposed forcing any contract, agreement, under-
change in proposed respondent such as II. It is further ordered. That respond-
incorporation, assignment, or sale re- standing or arrangement with its deal- ent shall reinstate any former dealer
ers which has the purpose or effect of terminated since January 1, 1966 for fail-
sulting in the emergence of a successor, fixing, establishing or maintaining the
or any other change in the proposed re- ure to comply with one or more of the
prices at which its products are adver- acts, practices, conditions, agreements
spondent which may affect compliance tised or resold. or understandings prohibited In para-
obligations arising out of the order. 2. Fixing, establishing, controlling or graphs A and G of this order If such
It is further ordered, That the pro- maintaining the prices at which its deal- dealer desires reinstatement.
posed respondent herein, shall within ers advertise, promote, offer for sale or I. It is further ordered,That respond-
sixty (60) days after service upon him sell its products. ent shall within sixty (60) days after
of this order, file with the Commission 3. Requiring prospective dealers to service non It of this order, serve by mall
a report, in writing, setting forth in detail agree, through direct or indirect means, a copy of this order on each of Its dealers.
the manner and form in which he has that they will adhere to established or
complied with this order. IV. It is furtherordered,That respond-
suggested resale prices for respondent's ent shall:
Issued: September 2, 1971. products. A. For a period of 2 years following the
B. Requesting, soliciting or encourag- effective date of this order, serve a copy
By the Commission. ing any dealer to supply information or of this order upon each new dealer
[SEAL] CHARLES A. TOBIN, to report to respondent regarding the franchised by the respondent on the date
Secretary. failure of any other dealer to adhere to the dealer becomes a franchisee of
[FR Doc.71-14825 Filed 10-8-71;8:47.am] established or suggested resale prices respondent.
for respondent's products.
C. Announcing dates other than sug- B. Within thirty (30) days after service
[Docket No. C-2019] gested dates for the advertising, com- upon It of this order, serve a copy of this
mencement or conclusion of any reduced order by mail on each dealer terminated
PART 13-PROHIBITED TRADE since January 1, 1966 together with a
resale price sale of respondent's products.
PRACTICES D. Requiring any dealer to resell to letter advising that such dealer, If eligi-
respondent any unsold stock of respond- ble under the requirement set forth In
Bonne Bell, Inc. paragraph II above, may apply within
Subpart-Coercing and Intimidating: ent's products.
thirty (30) days from receipt thereof for
13.358 Distributors. Subpart-Com- E. Refusing earned cooperative adver- reinstatement as one of respondent's
bining or conspiring: 13.470 To re- tising payments to dealers who adver- dealers.
strain and monopolize trade. Subpart- tise its products at prices other than
established or suggested resale prices. C. Within ninety (90) days after serv-
Cutting off access to customers or mar- ice upon it of this order submit to the
ket: 13.560 Interfering with distrib- F. Including in its own advertising, Commission (1) a list of all dealers ter-
utive outlets. Subpart-Maintaining re- or in any advertising or promotional aids minated since January 1, 1966, (2) a list
sale prices: 13.1140 . Cutting off or material supplied or sold to its dealers, of all dealers who have been reinstated
supplies; 13.1145 Discrimination: any price or prices at which respondent's pursuant to paragraph II above, and (3)
13.1145-5 Against price cutters; products may be resold by its dealers, or a list of all dealers who have not been
13.1165-90 Spying on and reporting publishing, disseminating or circulating reinstated and the reason or reasons
price cutters,in general. to any dealer any merchandise order therefor.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets sheet, invoice, or other material indi-
cating any price .or prices at which V. It is further ordered,That respond-
or applies sec. 5, 38 Stat. 719, as amended;
15 U.S.C. 45) [Cease and desist order, Bonne respondent's products may be resold by ent herein shall, within sixty (60) days
B3ell, Inc., Lakewood, Ohio, Docket No. C-2019, its dealers, unless it is clearly and con- after service upon It of this order, file
Aug. 25, 19711 spicuously stated that such prices are with the Commission a report, In writing,
"suggested prices only." setting forth in detail the manner and
In the Matter of Bonne Bell, Inc., a form in which It has complied with this
Corporation G. Preventing, restricting or hinder- order.
ing any of its -dealers, by agreements or
Consent order requiring a Lakewood, any other means, from reselling, trans- VI. It is further ordered, That re-
Ohio, manufacturer and distributor of ferring or transshipping respondent's spondent notify the Commission at least
cosmetic and toilet products to cease fix- products to any retailer, distributor, thirty (30) days prior to any proposed
ing the retail price of its products, wholesaler or manufacturer. change In the 'corporate respondent such
soliciting the spying of one retailer on as dissolution, assignment or sale re-
another, requiring resale of unsold mer- H. Using numbers, letters or markings sulting in the emergence of a successor
chandise to respondent, using marked of any kind on or accompanying its prod- corpoiAtlon, the creation or dissolution
ucts or on the containers, labelling or of subsidiaries or any other change In

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19681
the corporation which may affect com- strument subject to all terms and condi- 5. Representing, directly or by impli-
pliance obligations arising out of the tions, and failing to maintain for 5 years cation, that siding materials sold by re-
order. all contractual documents and all records pondents will never need painting or
of its dealings involving the installation repairing; misrepresenting, in any man-
Issued: August 25, 1971. of siding. ner, the durability of any product sold
By the Commission. The order to cease and desist, Includ- by respondents.
[SFALI CHARL.s A. ToBIn, ing further order requiring report of 6. (a) Representing, directly or by
Secretary. compliance therewith, isa s follows: implication, that the home of any of
It is ordered, That respondents Ellis respondents' customers, or prospective
[FR Doc.71-14811 Filed 10-8-71;8:46 am] Stewart Co., Inc., a corporation, and its customers has been selected to be used
officers, and Ellis Stewart Halperin, in- or will be used as a model home, or
[Docket No. 0-20211 dividually and as an officer of said corpo- otherwise, for advertising or sales
ration,, and respondents' agents, repre- purposes.
PART 13-PROHIBITED TRADE sentatives and employees, directly or (b) Representing, directly or by im-
PRACTICES through any corporate or other device, plication, that any allowance, discount or
in connection with the advertising, of- commission is granted by respondents
Ellis Stewart Co., Inc., aind fering for sale, sale or distribution of to purchasers in return for permitting
Ellis Stewart Halperin aluminum siding or any other product the premises on which respondents'
Subpart-Advertising falsely or mis- or service, in commerce, as "commerce" products are installed or services per-
leadingly: 13.15 Business status, ad- is defined in the Federal Trade Commis- formed to be used for model homes or
sion Act, do forthwith cease and desist demonstration purposes.
vantages, or connections: 13.15-30 Con- from: 7. Representing, directly or by im-
nections or arrangements with others; 1. (a) Representing, directing or by plication, that respondents have any con-
13.15-235 Producers status of dealer or implication, that any product or service nection with Kaiser Aluminum & Chemi-
seller: 13.15-235(m) Manufacturer; cal Corp. other than that of a purchaser
13.15-270 Size and extent; 13.70 Fic- is offered for sale when such offer is not
titious or misleadingguarantees: 13.155 a good faith offer to sell said product or of home improvement products produced
service. by that company; misrepresenting, in
Prices:13.155-10 Bait; 13.155-33 Dem- (b) Using any advertising, sales plan any manner, respondents' connection or
onstration reduction; 13.155-100 Usual affiliation with any other company.
as reduced, special, etc.; 13.160 Promo- or promotional scheme involving the use
of false, misleading or deceptive state- 8. Failing or refusing to furnish free
tional sales plans; 13.170 Qualities or ments or representations to obtain leads merchandise to purchasers, irrespective
properties or product or service: 13.170-
or prospects for the sale of any product. of a prior request therefor, upon fulfill-
30 Durability or-permanence; 13.240 ment of the terms and conditions of any
Special or limited offers; 13.260 Terms (c) Making representations purport-
and conditions. Subpart-Misrepresent- ing to offer merchandise for sale when advertised offer.
the purpose of the representation is not 9. Representing, directly or by implica-
ing oneself and goods-Business status,
advantages, or connections: 13.1395 to sell the offered merchandise but to ob- tion, that any of respondents' products
tain leads or prospects for the sale of or services are guaranteed unless the
Connections and arrangements with
others;_ 13.1530 Producer status of other merchandise. nature and extent of the"guarantee, the
dealer; 13.1555 Size, extent or equip- (d) Disparaging, in any manner, or Identity of the guarantor and the man-
ment; Misrepresenting oneself and discouraging the purchase of any product ner in which the guarantor will perform
goods-Goods: 13.1647 Guarantees; advertised. thereunder are clearly and conspicuously
2. (a) Representing, directly or by disclosed; or making any direct or im-
,13.1710 Qualities or properties; 13.-
1747 Special or limited offers; 13.1760 implication, that any price for respond- plied representations that any of re-
Terms and conditions: 13.1760-50 Sales ents' products and/or services is a spe- spQndents' products or services are guar-
contract; Misrepresenting oneself and cial or reduced price, unless such price anteed unless in each instance a written
goods-Prices: 13.1779 Bait; 13.1800 constitutes a significant reduction from guarantee is given to the purchaser con-
Demonstration reductions; 13.1825 an established selling price at which taining provisions fully equivalent to
Usual as reduced or to be increased.Sub- such products and/or services have been those contained in such representations.
part-Neglecting, unfairly or deceptively, sold in substantial quantities by respond- 10. Representing, directly or by im-
to make material disclosure: 13.1882 ents in the recent regular course of their plication, that respondents operate or
Prices; 13.1905 Terms and conditions: business; or misrepresenting, In any maintain business offices in Martins-
13.1905-50 Sales contract. manner, the savings available to ville, Va., or Elizabeth City, Roanoke
purchasers. Rapids, Mount Airy, Mooresville, States-
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets vile, Lexington. Concord, or Asheboro,
or applies sec. 5. 38 Stat. 719, as amended; (b) Failing to maintain adequate rec-
15 U.S.C. 4) [Cease and desist order, -Ellis N.C., or any other locality where such
ords (1) which disclose the facts upon offices are not actually open and fully
Stewart Co., Inc., et al., Danville, Va., Docket which any savings claims, including spe-
No. C-2021, Aug. 30, 1971] operative; or misrepresenting, in any
cial, reduced, or former pricing claims, mannerthe size or extentof respondents'
In the Matter of Ellis Stewart Co., Inc., a and comparative value claims, and simi- business.
Corporation,and Ellis Stewart Hal- lar misrepresentations of the type de- 11. Accepting certificates or other
perin, Individually and 'as an Ofilcer scribed in paragraph 2(a) of this order writings to the effect that contracted
of Said Corporation are based, and (2) from which the details of home improvement had been
Consent order requiring a Danville, validity of any savings claims, including completed, If such writings were false
Va., seller and distributor of residential special, reduced, or former pricing claims when accepted; or otherwise misrepre-
aluminum siding, swimming pools, and and comparative value claims, and simi- senting, in any manner, the true nature
other -homeimprovements to cease using lar representations of the type described and effect of any document.
bait advertising, failing to support its in paragraph 2(a) of this order can be 12. Assigning, selling or otherwise
savings claims, misrepresenting that any determined. transferring respondents' notes, con-
offer to sell is limited or that the respond- 3. Representing, directly or by impli- tracts or other documents evidencing a
ent manufactures any of its products, cation, that any offer to sell any product purchaser's indebtedness, unless any
misrepresenting that any home is being or service is limited as to time or is lim- rights or defenses which the purchaser
used as a model, misrepresenting affilia- ited in any other manner unless respond- has and may assert against respondents
tions with other companies, making de- ents, in good faith impose and adhere are preserved and may be asserted
ceptive guarantees, misrepresenting the to such limitations. against any assignee or subsequentholder
size or extent of respondent's business, 4. Representing, directly or by im- of such note, contract or other document
assigning notes of purchasers without plication, that respondents manufacture evidencing the indebtedness.
also transferring defenses valid against any of the products that they sell; mis- 13. Failing to include the following
respondent, failing to include a notice on representing, in any manner, the nature statement clearly and conspicuously on
each contract that holders take this in- or scope of respondents' business. the face of any note, contract or other

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19682 RULES AND REGULATIONS
instrument of indebtedness executed' by [Docket No. C-2026] Corp. (also known as Shuter Lalken-
or on behalf of respondents' customers: PART 13-PROHIBITED TRADE Brandt); William Davidson, Individually
NoTIcE and as an officer of Rapid Fur Dressing
PRACTICES Corp.; Milton Mainwold, Individually
Any holder takes this instrument subject
to the terms and conditions of the contract Fur Dressers Bureau of America, Inc., and as an officer of Market Fur Dresing
which gave rise to the debt evidenced hereby, et al. Corp.; Samuel J. (also knovn as Seymour
any contractual provision or other agreement J.) Meisel, individually and as an officer
to'ithe contrary notvithstanding. Subpart-Aiding, assisting, and abet- of Melsel-Peskin Co., Inc.; Julian Basoh,
14. (a) Failing to maintain for a ting unfair or unlawful act or practice: Individually and as an officer of Herman
period of 5 years, invoices, notices for 13.290 Aiding, assisting, and abetting Basch & Co., Inc.; and Irving Thomas
payment and all similar documents which unfair or unlawful act or practice. Blechner, Individually and respond-
respondents receive in the conduct of Subpart - Boycotting seller-supplies: ents' officers, agents, representatives and
their business from suppliers, subcon- 13.302 Boycotting seller-supplies.Sub- employees, successors and assigns di-
tractors, and other persons; and failing part-Maintaining resale prices: 13.- rectly and indirectly, individually, or
to maintain for a period of five (5) years 1125 Combination; 13.1165 Systems of through any corporate or other device, or
copies of all contracts entered into be- espionage: 13.1165-90 Spying on and as members, officem, or directors of other
tween respondents and their customers. reporting price cutters, in general. respondents, in connection with the
(b) Failing to maintain for a period of (See. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets dressing of or offer to dress fur products
5 years, with regard to each and every or applies seek 5, 38 Stat. 719, as amended; 15 in commerce, as "commerce" Is defined in
-contract hereafter entered into between U.S.C. 45) [Cease and desist order, Fur the Federal Trade Commission Act, do
respondents and their customers, ade- Dressers Bureau of America, Inc., et al., New forthwith cease and desist from entering
quate records which disclose, in itemized York City, Docket No. C-2026, Sept. 3, 1971] into, cooperating in, carrying out, or
form, what each customer was charged, In the Matter of Fur Dressers Bureau of continuing any planned common course
exclusive of interest of finance charges America,Inc., et al. of action, understanding, agreement or
for materials and labor. And failing to conspiracy between or among any two or
maintain for the same period, with re- Consent order requiring the Fur more of said respondents, or between any
gard to each contract hereafter entered Dressers Bureau of America, an associa- one or more of them and another or
into between respondents and their tion, of certain New York City handlers others not party hereto, to engage In any
customers involving siding, or the in- of furs which provide a service termed of the following acts or practices:
stallation of siding, or both, additional "dressing" which furnishes manufac- 1. Establishing, fixing, controlling, or
records which further disclose the quan- turers with fur products ready to be maintaining prices, discounts or the
tity of siding and other materials in- manufactured into garments, and its terms and conditions of sale or credit in
stalled or delivered to the customer; the constituent members to cease fixing connection with the dressing of fur
type and grade of said siding and other prices for the dressing of fur products, products.
material; a description of the installa- engaging in any credit reporting plan, 2. Furnishing, exchanging, or circulat-
tion performed; the total amount of circulating any information which would ing any credit information or engaging
money paid to salesmen, agents or repre- boycott any customer, attending meet- in any credit reporting plan unless:
sentatives for the solicitation of said con- ings at which common courses of action
are discussed, and exchanging informa- (a) The members of the assaciation
tract, and what each customer was
charged, exclusive of interest or finance tion with any other fur dresser which are left free to determine on the basis
charges, per square foot for the perform- 'would result in a common course of of their individual Judgment whether or
action. not to sell to delinquent debtors and on
ance of the said contract. what terms, and
It is further ordered,That: The order to cease and desist, includ-'
ing further order requiring report of (b) There Is freedom from collusion
a. The respondent corporation shall among members in regard to credit
distribute a copy of this order to each compliance therewith, is as follows:
terms, prices, sales to
of its operating divisions. It is ordered, That respondents Fur and there Is freedomspecific from
customers,
any other
b. Respondents shall deliver a copy of Dressers Bureau of America, Inc.; Bronx
Fur Master, Mancini-Stern, Inc.; Brook-. joint action which would Illegally re-
this order to cease and desist to all pres- strain trade.
ent and future personnel of respondents lyn Better Bleach, Inc.; Laiken-Brand
engaged In the offering for sale, or sale Fur Dressing Corp. (also doing business 3. Publishing or disseminating or
of any product or in any aspect of as Shuter Laiken-Brandt); Rapid Fur causing to be published or disseminated,
preparation, creation, or placing of ad- Dressing Corp.; Market Fur Dressing the name of any customer or prospetive
vertising, and that respondents shall se- Corp.; Manhattan Fur Dressing Corp.; customer for the purpose or with the
cure a signed statement acknowledging Supreme Fur Dressing Co., Inc.; Her- effect of having the business of that cus-
receipt of said order from each such man Basch & Co., Inc.; Meisel-Peskin tomer or prospective customer boycotted.
person.
c. Respondents shall notify the Com- Co., Inc.; corporations, and Herman It is further ordered, That respondents
mission at least thirty (30) days prior to Handros, individually and as an officer individually forthwith cease and desist
any proposed change in the corporate of Fur Dressers Bureau of America, Inc., from:
respondent such as dissolution, assign- and Manhattan Fur Dressing Corp.; 1. Attending meetings at which any
ment or sale resulting in the emergence Max Braunstein, individually and as an other respondent or any competitor not
of a successor corporation, the creation
or dissolution of subsidiaries or any other officer of Fur Dressers Bureau of Amer- a party hereto Is present, at which prices,
change in the corporation which may ica, Inc.; Max Sherrin, individually and terms and conditions of sale or credit
affect compliance obligations arising out as an officer of Fur Dressers Bureau of pertaining to the dressing of fur prod-
of the order. America, Inc.; Herman Ringelheim, in- ucts are discussed, where such discussion
It is further ordered,That the respon- dividually and as an officer of Fur Dress- has for its purpose or effect a planned,
dents herein shall, within sixty (60) days ers Bureau of America, Inc., and Brook- common course of action or agreement
after service upon them of this order, lyn Better Bleach, Inc.; Albert J. Feld- on prices, discounts, credit, or condi-
file with the Commission a report, in
writing, setting forth in detail the man- man, individually and as Executive Di- tions of sale.
ner and form in which they have com- rector of Fur Dressers Bureau of Amer- 2. Sending to, requesting from, or ex-
plied with this order. ica, Inc.; Robert E. Levine, individually changing with any other respondent or
Issued: August 30, 1971. and as an officer of Brooklyn Better any competitor not u party hereto, any
By the Commission. Bleach, Inc.; Milton Stern and Norman information written or oral in regard to
Leiman, individually and as officers of prices, terms and conditions of sale or
[SEAL] CARLEs A. ToBsu, Bronx Fur Master, Mancini-Stern, Inc.; credit pertaining to the dressing of fur
Secretary. Irving Laiken, individually and as an products, where said activities have for
[FR Doc.71-14812 Filed 10-8-71;8:46 am] officer of Laiken-Brand Fur Dressing their purpose or effect the formulation of
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS 19683
a program, agreement or planned com- (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret C. Disseminating, or causing the dis-
or apply Sec. 5, 38 Stat. 719, as amended. 82 semination of any advertisement by any
mon course of action with respct to Stat. 146. 147; 15 U.S.C. 45, 1601-1605)
prices, discounts, credit or conditions of means in commerce, as "commerce" is
[Cease and desist order. General Sales Corp.
sale: et al., Wichita, Kans.. Docket No. C-2025, defined in the Federal Trade Commission
Provided, however, That nothing Sept. 3, 1971]) Act, or by means of the U.S. malls in
herein shall prohibit any one of the indi- which beef is advertised or sold by gros
In the Matter of General Sales Corp., a weight, without dL~closing conspicuously:
vidual respondents ziamed in this order, Corporation, and Farmers Quality
who-has permanently severed his prior 1. The average percentage of weight
Meats, Inc., a Corporation,and Ray- loss as the result of fat trim, bone, and
aMiation with any of the named corpo- mond Barlow,Individually and as an
rate respondents herein from accepting shrink loss for each yield grade of beef
Officer and Directorof Said Corpo- as determined by the US. Department
a position as an officer or employee of rations, and Willard L. Gettle, Jr.,
any other named corporate respondent.. of Agriculture; and
individually and as an Officer and 2. That said beef is being sold at a
Where such individual respondent ac- Directorof Farmers Quality Meats,
cepts a position as an officer or employee, gross weight and will have a weight loss
Inc., and as a Director of General as a result of fat trim, bone" and shrink
with any other named corporate re- Sale Corp.
spondent, he shall not be deemed to be loss.
in conspiracy or unlawful agreement Consent order requiring Wichita, D. Discouraging the purchase of, or
with that corporate respondent or any Kans., sellers and distributors of beef disparaging in any manner, any prod-
of its officers or employees under any of and other meat products to cease failing ucts which are advertised or offered for
the terms or provisions of this order. to disclose its ungraded meat as such, sale in advertisements disseminated, or
It is further ordered, That the re- using bait offers, failing to disclose the caused to be disseminated, by respond-
spondent, Fur Dressers Bureau of Amer- fat trim, bone, and shrink loss of Its ents, in commerce, as "commerce" is
ica, Inc., shall furnish all current and meat, and failing to place on the face of defined in the Federal Trade Commis-
future members with a copy of this its sales contracts a notice that they may sion Act, or by means of the US. mai.
agreement and order. be sold to third parties who may require E. Misrepresenting in any manner the
payment in full even if contract Is not beef or meat products available for pur-
Itis furtherordered,That respondents; chase at respondents' place of business.
individually, notify the Commission fulfilled; respondents are also required
to comply with the terms of Regulation Z F. Disseminating, or causing to be
within thirty (30) days after any change of the Truth in Lending Act. disseminated, any advertisement by any
in any corporate respondent such as dis- The order to cease and desist, includ- means, for the purpose of inducing, or
solution, assignment or sale resulting in which is likely to induce, directly or in-
the emergence of successor corporations, ing further order requiring report of
.compliance therewith, is as follows: directly, the purchase of respondents!
the creation or dissolution of subsidiaries L It is ordered, That respondents products In commerce, as "commerce" is
or any other change in any corporation General Sales Corp. and Farmers Quality defined in the Federal Trade Commis-
which may affect compliance obligations Meats, Inc., corporations, and Raymond sion Act, which advertisement contains
arising out of the order. Barlow, individually and as an officer any of the representations or misrepre-
It is further ordered,That respondents and director of said corporations, and sentations prohibited in paragraphs A,
herein shall within sixty (60) days after Willard L. Gettle, Jr., individually and B, or C, above.
service upon them of this order, file with as an officer and director of Farmers G. Failing to incorporate the follow-
the Commission a report in writing set- Quality Meats, Inc., and as a director ing statement on the face of all con-
ting forth in detail the manner and form of General Sales Corp., and respondents' tracts executed by respondents' cus-
in which they have complied with this agents, representatives, and employees, tomers with such conspicuousness and
order. directly or through any corporate or clarity as is likely to be observed, read
. Provided further, That entry of this other device in connection with the ad- and understood by the purchaser:
order by the Commission does not con- vertising, offering for sale, sale, or dis- Izoro Aur NOzce
stitute an admission by respondents that tribution of beef or meat products in
they have violated the law as alleged in commerce as "commerce" is defined In If you are obtaining credit In connection
the complaint which the Commission has with this contract, you will be required to
the Federal Trade Commission Act,, do alga a promissory note. This note may be
issued. forthwith cease and desist from: purchased by a bank, finance company, or
Issued: September 3, 1971. A. Disseminating, or causing the dis- any third party. If It is purchased by an-
semination of any advertisement by any other party, you will be required to make
By the Commission. means in commerce, as "commerce" is your payments to be purchaser of the note.
defined in the Federal Trade Commission You should be aware that if this happens
[SEAL] CHARLES A. ToBIN, you may have to pay the note In full to
Secretary. Act, or by means of the U.S. malls, which
advertisement: the new owner of the note even if this
[Fn Doc.71-14813 Filed 10-8-71;8:46 am) 1. Includes an offer of beef which has contract Is not fulfilled.
not been graded as to quality without II. It is further ordered, That respond-
[Docket No. 4C-2025] disclosing conspicuously, that the meat ents General Sales Corp. and Farmers
which is offered for sale is ungraded; or Quality Meats, Inc., corporations, and
PART 13-PROHIBITED TRADE 2. Misrepresents in any material man- Raymond Barlow, Individually and as an
PRACTICES ner the grade of any beef or other meat officer and director of said corporations,_
product. and Willard L, Gette. Jr., individually
General Sales Corporation et al. B. Disseminating, or causing the dis- and as an officer and director of Farmers
Subpart---Advertising falsely or mis- semination of any advertisement by any Quality Meats, Inc.. and as a director of
leadingly: 13.71 Financing: 13.71-10 means in commerce, as "commerce" Is General Sales Corp., and respondents'
Truth in Lending Act; 13.73 Formal defined in the Federal Trade Commis- agents, representatives, and employees,
regulatory and statutory requirements: sion Act, or by means of the U.S. malls, directly or through any corporate or
13.73-92 TruthinendingAct; 13.155 which advertisement reprpsents directly other device in connection with any ex-
Prices: 13.155-10 Bait; 13.155-95 or by implication: tension of consumer credit or any ad-
Terms and conditions; 13.155-95(a) 1. That any such products are offered vertisement to aid, assist, or promote
Truth in Lending Act; 13.175 Quality for sale when such offer is not a bona directly or indirectly any extension of
of product or service; 13.180 Quantity: fide offer to sell such products at the consumer credit, as "consumer credit"
13.180-30 In stock; 13.230 Size or price or prices stated. and, "advertisement" are defined in
weight; 13.260 Terms and conditions. 2. That any products are offered for Regulation Z (12 CFR Part 226) of the
Subpart-Neglecting, unfairly or decep- sale when the purpose of such repre- Truth in Lending Act (Public Law 90-321,
tively, to make material disclosure: sentations is not to sell the offered prod- 15 U.S.C. 1601 et seq.), do forthwith
ucts but to obtain prospects for the sale cease and desist from:
13.1905 Terms and conditions: of other merchandise at higher prices, A. Representing, directly or by implica-
13.1905-50 Sales contract; 13.1905- all as generally described in paragraphs tion, in any advertisement as "adver-
60 Truth in Lending Act. 4,5, and 6 of the complaint. tisement" is defined in Regulation Z, the
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19684 RULES AND REGULATIONS
amount of the down payment required, nections or arrangements with others; Cuba, in letters of equal size and
or that no down payment is required, the 13.15-278 Time in business; 13.45 conspicuousness.
amount of any installment payment, the Content; 13.70 Fictitious or mislead- 3. Misrepresenting, in any manner, the
dollar amount of any finance charge, the ing guarantees; 13.235 Source or ori- origin or source of respondents' products
number df installments or the period of gin: 13.235-60 Place: 13.235-60(a) Do- or any part or portion thereof.
repayment, or that there is no charge for mestic products as imported. Subpart- 4. Representing, directly or by impli-
the credit, unless all of the following Furnishing means and instrumentalities cation, that corporate respondent has
items are stated in terminology pre- of misrepresentation or deception. been in the business of manufacturing
scribed under 226.8 of Regulation Z: 13.1055 Furnishing means and instru- and selling cigars since 1894, or has been
1. The cash price; mentalities of misrepresentation or de- owned and operated by three generations
2. The amount of the down payment ception. Subpart-Using misleading of a Cuban family; or misrepresenting, In
required or that no down payment is re- name-Vendor: 13.2370 Connections any manner, the age or founders of any
quired, as applicable; and arrangements with others. of respondents' businesses.
3. The number, amount, and due dates (Sec. 6. 38 Stat. 721; 15 U.S.C. 46. Interprets 5. Representing, directly or by Impli-
of period of payments scheduled to repay or applies sec. 5, 38 Stat. 719, as amended; cation, that corporate respondent Is
the indebtedness if the credit is extended; 15 U.S.C. 45) [Cease and desist order, Ha- owned and operated by a person named
4. The amount of the finance charge bana Cigar Corp., Inc., et al., Newport, Ky., Juan Hernandez; or falsely representing
expressed as an Annual Percentage Rate; Docket No. C-2022, Sept. 2, 19711 in any manner the identity of the person
and In the Matter of Habana Cigar Corp., or persons, firm, or corporation, that
5. The deferred payment price. Inc., a Corporation, and James J. owns, operates, or controls respondents'
B. Failing In any consumer credit Mathews, Individually and as an business operations.
transaction or advertisement to make all Officer of Said Corporation 6. Representing, directly or by Impli-
disclosures determined in accordance cation, that any of respondents' products
with 226.4 and 226.5 of Regulation Z Consent order requiring a Newport, are guaranteed unless the nature and
in the manner, form, and amount re- Ky., manufacturer and seller of cigars extent of the guarantee, the Identity of
and tobacco products both at wholesale
quired by 226.7, 226.8, 226.9, 226.10 of the guarantor and the manner In which
Regulation Z. and retail to cease using the terms "Ha- the guarantor will perform thereunder
It is further ordered, That the re- vana" or other words implying its to- are clearly and conspicuously disclosed
spondents herein shall, within sixty (60) bacco products are made from tobacco in immediate conjunction therewith; and
days after service upon them of this grown on the Island of Cuba, misrepre- the respondents do, in fact, promptly
order, file with the Commission a report senting that it has been in business since fulfill all of their obligations arising
in writing setting forth in detail the man- 1894 or that it is owned by a Cuban- under the directly or Impliedly repre-
ner and form in which they have com- named individual, and falsely guarantee- sented terms of such guarantees.
plied with this order. ing its products. 7. Placing In the hands of retailers,
It is further ordered, That respond- The order to cease and desist, includ- dealers, or others, the means or instru-
ents notify the Commission at least thirty ing further order requiring report of mentalities by or through which they
(30) days prior to any proposed change compliance therewith, is as follows: may mislead or deceive the public in the
in any of the corporate respondents such It is ordered,That respondents Habana manner, or as to the things prohibited
as dissolution, assignment or sale re- Cigar Corp., Inc., a corporation, and its by this order.
sulting in the emergence of a successor officers, and James J. Mathews, individu-
corporation, the creation or dissolution ally and as an officer of said corporation It is further ordered, That respondent
of subsidiaries or any other change in the and respondents' representatives, agents, corporation shall forthwith distribute a
corporations, or any of them, which may and employees, directly or through any copy of this order to each of Its operating
affect compliance obligations arising out corporate or other device, in connection divisions.
of this order. with the advertising, offering for sale, It is further ordered, That respondent
It is further ordered, That the re- sale or distribution of cigars or other corporation notify the Commission at
spondents shall forthwith distribute a products, in commerce, as "commerce" least thirty (30) days prior to any pro-
copy of this order to each of their re- is defined in the Federal Trade Com- posed change in its corporate structure
spective operating divisions. mission Act, do forthwith cease and de- such as dissolution, assignment, or sale
It is further ordered, That respond- sist from: resulting in the emergence of a successor
ents deliver a copy of this order to cease 1. Using the word "Habana" or any corporation, the creation or dissolution
and desist to all present and future per- other word of similar import or mean- of subsidiaries, or any other change In
sonnel of respondents engaged in the ing in or as a part of respondents' the corporation which may affect compli-
offering for sale, or sale, of any product,trade or corporate name; or represent- ance obligations arising out of this order.
or in the consummation of any extension ing, directly'or by implication, that re- It is further ordered,That respondents
of consumer credit, or in any aspect of spondents' place of business is located herein shall, within sixty (60) days after
preparation, creation, or placing of ad- on the island of Cuba; or misrepresent- service upon them of this order, file with
vertising, and that respondents secure a ing, in any manner, the place or loca- the Commission a report in writing set-
signed statement acknowledging receipt tion of any of respondents' business op- ting forth in detail the manner and form
of said order from each person. erations or its connection or affiliation of'their compliance with this order.
with any foreign business operations. Issued: September 2,1971.
Issued: September 3, 1971. 2. Using the term "Habana" or any
By the Commission. other term or terms indicative of tobacco By the Commission.
[SEAL] CHARLES A. TOBIN, grown on the island of Cuba, either [SEAL] CHARLES A. Toanw,
alone or in conjunction with any other Secretary.
Secretary. terms, to describe, designate, or in any
[FR Doc.71-14814 Filed 10-8-71;8:46 am] [FR Doc.71-14815 Filed 10-8-71,8.40 am]
way refer to cigars not made entirely
from tobacco grown on the island of
[Docket No. C-2022]
Cuba; except that cigars containing a [Docket No. C-20111
substantial amount of tobacco grown on
PART 13-PROHIBITED TRADE the island of' Cuba may be described, PART 13-PROHIBITED TRADE
PRACTICES designated, or referred to as "blended PRACTICES
with Havana," or by any term of simi-
Habana 'Cigar Corp., Inc., and lar import or meaning: Provided, That Hillman Jewelers, Inc., et al.
James J. Mathews the words "blended with" or other quali- Subpart--Advertising falsely or mis-
fying word or words, are set out in im- leadingly: 13.71 Financing: 13.71-10
Subpart-Advertising falsely or mis- mediate conjunction
leadingly: 13.15 Business status, ad- the word "Havana" oror connection with
other term indica-
Truth in Lending Act; 13.73 Formal
vantages, or connections: 13.15-30 Con- tive of tobacco regulatory and statutory requirements:
grown on the island of 13.73-92 Truth in Lending Act; 13.155

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19685

Prices: 13.155-95 Terms and condi- 2. Failing to disclose the amount of and desist to all present and future sales-
tions: 13.155-95(a) Truth in Lending downpayment in property or falling to men or other persons engaged in the
Act. Subpart-Misrepresenting oneself describe that amount as the "trade-in", offering for sale and sale of respondents'
and goods-Goods: 13.1623 Formal as required by 226.8(c) (2) of Regula- products or services, and shall secure
regulatory and statutory requirements: tion Z. from each salesman or other person a
13.1623-95 Truth in Lending Act; Mis- 3. Failing to disclose the sum of the signed statement acknowledging receipt
representing oneself and goods-Prices: "cash downpayment" and the "trade-in". of said order.
13.1823 Terms and conditions: 13.- or failing to describe that sum as the It is further ordered,That respondents
1823-20 Truth in Lending Act. Sub- "total downpayment", as required by notify the Commission at least thirty
part-Neglecting, unfairly or deceptively, 226.8(c) (2) of Regulation Z. (30) days prior to any proposed change
to make material disclosure: 13.1852 4. Failing to disclose the difference be- in respondents' business, such as assign-
Formal regulatory and statutory re- tween the "cash price" and the "total ment or sale resulting in the emergence
quirements: 13.1852-75 Truth in Lend- downpayment", or failing to describe of a successor business, corporate or
ing Act; 13.1905 Terms and condi- that difference as the "unpaid balance of otherwise, the creation of subsidiaries,
tions: 13.1905-60 Truthin Lending Act. cash price", as required by 226.8(c) (3) or any other change which may affect
of Regulation Z. compliance obligations arising out of the
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 5. Failing to disclose the amount of order.
or apply see. 5, 38 Stat. 719, as amended, 82 credit as defined in 226.2(d) of Regula-
Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease Itis furtherordered,That the respond-
and desist order, Hiliman Jewelers, Inc., et al., tion Z of which the customer will have ents herein shall, within sixty (60) days
Terre Haute, Ind., Docket No. C--2017, Aug. 24, the actual use or failing to disclose that after service upon them of this order, file
1971] amount as the "amount financed", as with the Commission a report, in writ-
required by 226.8(c) (7) of Regula- ing, setting forth In detail the manner
In the Matter of Hillman Jewelers, Inc., tion Z.
a Corporation, Hiliman's of "Vin- and form in which they have complied
6. Failing to disclose the amount of with this order.
cennes, Inc., a Corporation, Hill- the "finance charge", determined in ac-
man's of Greencastle,Inc., a Corpo- cordance with 226.4 of Regulation Z, Issued: August 24,1971.
ration, Hillman's of Crawfordsville, or failing to describe that amount as the By the Commission.
Inc:, a Corporation, Hiliman's of "finance charge", as required by
Meadows Center,Inc., a Corporation, 226.8 (c) (8) (1) of Regulation Z. [SEAL] CHARLrs A. ToBn;,
Hillman's of Honey Creek Square, 7. Failing to use the term "deferred Seretary.
Inc., a Corporation, Allen Felstein payment price" to describe the sum of IFR Dc.71-1481B Filed 10-8-71;8:46 aml
and John Thompson, Individually the "cash price", the "finance charge",
and as Officers of Said Corporation and all other charges which are not part
Consent order requiring six retail of the finance charge but are included in pDocket o. 183
jewelry firms in four Indiana cities en- .the "amount financed", as required by PART 13-PROHIBITED TRADE
gaged in advertising and selling watches, 226.8(c) (8) (11) of RegulationZ. - PRACTICES
jewelry, diamonds, and other merchan- 8. Failing to accurately disclose the
dise at retail to cease violating the Truth "annual percentage rate", computed to International Safe-T-Trac, Inc., et al.
in Lending Act by failing to use on their the nearest one quarter of one percent in Subpart-Advertising falsely or mis-
installment contracts the terms: Cash accordance with 226.5 of Regulation Z, leadingly: 13.70 Fictitious or mislead
downpayment, trade-in, total downpay- or failing to describe that rate as the guarantees; 13.195 Safety: 13.195-60
ment, unpaid balance of cash price, "annual percentage rate", as required by Product; 13.210 Scientific test. Sub-
amount financed, finance charge, de- 226.8(b) (2) of RegulationZ. part-Misrepresenting oneself and
ferred payment price, and other terms 9. Failing to disclose the date the goods-Goods: 13.1647 Guarantees;
and conditions required by Regulation Z finance charge begins to accrue if dif- 13.1730 Results; 13.1762 Test, pur-
ferent from the date of the transaction,
The Act.
.of'said order to cease and desist, includ- as required by 226.8(b) (1) of Regula- ported. Subpart-Neglecting, unfairly or
tion Z. deceptively, to make material disclosure:
ing further order requiring report of 13.1892 Sale contract, right-to-cancel
compliance therewith, isas follows: 10. Failing to disclose the number of provision. Subpart-Securing agents or
It is ordered, That respondents Hill- payments scheduled to repay the indebt- representatives by misrepresentation:
man Jewelers, Inc., a.corporation, Hill- edness, as required by 226.8(b) (3) of
Regulation Z. 13.2130 Earnings. Subpart-Using
man's of Vincennes, Inc., a corporation, misleading name-Vendor: 13.2450
Hillman's of Greencastle, Inc., a corpora- 11. Failing to disclose the sum of the Products.
tion, Hillman's of Crawfordsville, Inc., a payments scheduled to repay the indebt-
edness, or failing to describe that sum (See. 6. 38 Stat. 721; 15 U.S.C. 46. Interprets
corporation, Hillman's of Meadows Cen- or appli3 cec. 5, 38 Stat. 719, as amended:
ter, Inc., a corporation, Hillman's of as the "total of payments", as required
by 226.8(b) (3) of RegulationZ. 15 U.S.C. 45) ICea.e and desLt order, Inter-
Honey Creek Square, Inc., a corporation, national Safe-T-Trac. Inc.. et al.. Cincinnati,
and their officers, and Allen Felstein and 12. Failing to Identify the method of Ohio, Docket No. 8823. Sept. 1, 19711
John Thompson, individually and as computing any unearned portion of the
finance charge in the event of prepay- In the Matter of International Safe-T-
officers of said corporations, and re- Trac, Inc., a Corporation, and Joey
spondents' agents, representatives, "and ment of the obligation or failing to pro-
vide a statement of the amount or H. Sandow, and Barney L. Sandow,
employees, directly or through any cor- Individually and as Officers of the
porate or other device, in connection method of computation of any charge
that may be deducted from the amount Said Corporation
with any extension of consumer credit
or any advertisement to aid, promote, of any rebate of such unearned finance Consent order requiring a Cincinnati,
or assist directly or indirectly any exten- charge that will be credited to the obliga- Ohio, seller and distributor of Safe-T-
sion of consumer credit, as "consumer tion or refunded to the customer, as re- Trac, auto stabilizers, to distributors and
credit" and "advertisement" are defined quired by 226.8(b) (7) of Regulation Z. to the public to cease misrepresenting
in Regulation Z (12 CFR Part 226) of 13. Failing, in any consumer credit that its device.will prevent skidding, help
the Truth in Lending Act (Public Law transaction or advertisement, to make save lives, and functions as a shock ab-
90-321, 15 U.S.C. 1601 et seq.), do forth- all disclosures, determined in accord- sorber, that claims made for the device
with cease and desist from: ance with 226.4 and 226.5 of Regula- have been substantiated by scientific
1. Failing to disclose the amount of tion Z, in the manner, form, and amount tests, and falsely guaranteeing its prod-
any cash downpayment or failing to de- required by 226.6, 226.7, 226.8, 226.9, uct; the respondent will further cease to
scribe such amount as the "cash down- and 226.10 of Regulation Z. use its-multilevel marketing program to
payment", as required. by 226.8(c) (2) It is further ordered, That respondents secure distributors for its product with-
of Reaulation Z. shall deliver a copy of this order to cease out informing them in full in writing of

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19686 RULES AND REGULATIONS
all facets of the program, and include a ally and as officers of said corporation, fication to respondents In writing within
provision for cancellation of contracts and respondents' agents, representatives, three (3) business days from the date
within 3 days. and employees, directly or through any of execution of such contract.
The order to cease and desist, includ- corporate or other device, in connection (b) Refund immediately all monies to
ing further order requiring report of with the advertising, offering for sale, (1) customers who have requested con-
compliance therewith, Is as follows: sale or distribution of any products or of tract cancellation In writing within three
It is ordered, That respondents Inter- distributorships, franchises, licenses or (3) business days from the execution
national Safe-T-Trac, Inc., a corpora- marketing agreements with respect thereof, and (2) customers showing that
tion, and its officers, and Joey H. Sandow thereto, in commerce, as "commerce" is respondents' contract solicitations or per-
and Barney L. Sandow, individually and defined in the Federal Trade Commis- formance were attended by or involved
as officers of said corporation, and re- sion Act, do forthwith cease and desist- violation of any of the provisions of this
spondents' agents, representatives, and from directly or indirectly: order; provided, however, that subpart
employees, directly or through any cor- 1. Operating or participating in the (2) hereof shall not apply to such con-
porate or other device, in connection with operation 'of any multilevel marketing tracts entered into before the date of
the advertising, offering for sale, sale or program wherein the financial gains to this order, nor shall the payments of
distribution in commerce, as "commerce" the participants are dependent in any refunds hereunder be construed as an
Is defined in the Federal Trade Com- manner upon the continued, successive admission that this order or any part
mission Act, of the device designated recruitment of other participants. thereof has been violated.
Safe-T-Trac or any other device of sub- 2. Offering to pay, paying or authoriz- 7. Representing, directly or by impil-
stantially the same construction, design ing the payment of any finder's fee, cation, that participants In any multi.
or operation, do forthwith cease and de- bonus, override, commission, cross-com- level marketing program will 'earn or re-
sist from: mission, discount, rebate, dividend or ceive any stated or gross or net amount
1. Representing, directly or by implica- other consideration to any participant in of earnings or profits; or representing,
tion, that said device when installed or respondents' multilevel marketing pro- in any manner, the past earnings of par-
used in any manner In the operation of a gram for the solicitation or recruitment ticipants unless in fact the past earn-
motor vehicle: of other participants therein. ings represented are those of a substan-
(a) Is an effective safety device. 3. Offering to pay, paying or authoriz- tial number of participants in the com-
(b) Is an antiskid device, will increase ing payment of any bonus, override, com- munity or geographical area in which
traction, help prevent skidding, spinouts, mission, cross-ccmmission, discount, re- such representations are made and ac-
or decrease swerving, flshtailing or bate, dividend or other consideration to curately reflect the average earnings of
vibration. any person, firm or corporation in con- these participants under circumstances
(c) Will help save lives. nection with the sale of said products, or similar to those of the participant to
(d) Will automatically help pull the distributorships under respondents' mul- whom the representation Is made.
rear end of a skidding car into line, give tilevel marketing program unless such 8. Representing, directly or by Impli-
the driver added control, or help keep the person, firm or corporation performs a cation, that It is not difficult for partici-
automobile going straight. bona fide and essential supervisory, dis- pants to recruit or retain persons to in-
(e)Functions as a shock absorber, or tributive, selling or soliciting function vest in any multilevel marketing program
as an equalizing force, or irons out the in the sale and delivery of such products as distributors or as sales personnel to
bumps with horizontal and vertical to the ultimate consumer. sell said products.
momentum. 4. Requiring prospective participants 9. Failing to deliver a copy of this or-
(f) Counteracts the sudden lateral or participants in said program to pur- der to cease and desist to all present and
movement normally caused by panic chase said products or pay any consider- future distributors, salesmen or other
stops, high speed blowouts or sharp gusts ation, other than payment for necessary persons engaged in the sale or distribu-
of wind. sales materials, in order to participate tion of any products through the use of a
2. Using the trade name ;Safe-T- in any manner therein. multilevel marketing program, and scour-
Trac" or any other word, term or phrase 5. Using any multilevel marketing ing from each such distributor, salesman
of similar import or meaning to describe program, either directly or indirectly: or other person similarly Involved a
or refer to said device. (a) Wherein any finder's fee, bonus, signed statement acknowledging receipt
3. Repesenting, directly or by implica- override, commission, cross-commission, of said order.
tion, that performance representations discount, rebate, dividend or other com- It is further ordered, That respondents
of said device have been substantiated pensation or profit inuring to partici- notify the Commission at least thirty
by competent scientific tests or by au- pants therein is dependent on the ele- (30) days prior to any proposed change
thenticated, controlled and duly recorded ment of chance dominating over the skill in the corporate resuondent, such as dis-
tests; or falsely representing, in any or judgment of the participants; or solution, assignment or sale resulting In
manner, the extent, kind, character or (b) Wherein no amount of judgment the emergence of a successor corpora-
results of any scientific tests performed or skill exercised by the participant has tion, the creation or dissolution of sub-
on -any of said products. any appreciable effect upon any finder's sidiaries or any other change In the cor-
4. Misrepresenting, in any manner, the fee, bonus, override, commission, cross- poration which may affect compliance
performance or functioning of said device commission, discount, rebate, dividend or obligations arising out of this order.
or the safety to human life provided by other compensation or profits which the It is further ordered,That the respond-
any automotive devices. participant may receive; cT ent corporation shall forthwith distribute
5. Representing, directly or by hnpli- (c) Wherein the participant is with- a copy of this order to each of its operat-
cation, that any products are "uncondi- out that degree of control over the opera- ing divisions.
tionally guaranteed" unless there are in tion of such -plan as to enable him sub- It is furtherordered, That the respond-
fact no terms, conditions or limitations stantially to effect the amount of any
attached thereto; or that any products finder's fee, bonus, override, commission, ents herein shall within sixty (60) days
are guaranteed in any manner without cross-commission, discount, rebate, divi- after service upon them of this order, file
clearly and conspicuously setting out in dend or other compensation or profit with the Commission a report, in writing,
immediate connection therewith the na- which he may receive or be entitled to setting forth In detail tie manner and
ture and extent of the guarantee, the receive. form In which they have complied with
Identity of the guarantor and the man- 6. Using any multilevel marketing pro- this order.
ner in which the guarantor will perform gram which fails to: Issued: September 1, 1971.
thereunder. (a) Inform orally all participants in By the Commission.
It is further ordered, That respondents respondents' multilevel marketing pro-
International Safe-T-Trac, Inc., a cor- gram and to provide in writing in all con- (SEAL] CHARLES A, ToaIN,
poration, and its officers, and Joey H. tracts of participation that the contract Secretary,
Sandow and Barney L. Sandow, individu- may be canceled for any reason by noti- [FR Doc.71-14817 Filed 10-8-71,8:40 am]

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS , 19687

[Docket No. C-20341 with this order. This spebal report shall et al., New York City. Docket No. C-2032.
Sept. 8, 19711
also advise the Commission fully and
PART 13-PROHIBITED TRADE specifically concerning (1) the Identity In the Matter of Jarmel Fabrics,Inc., a
PRACTICES of the scarves which gave rise to the Corporation, and Herman Jarmel,
complaint, (2) the number of said Individually and as an Officer of
Irving Moser Co., Inc., et al. 9carves in inventory, (3) any action Said Corporation
Subpart-Importing, selling, or trans- taken and any further actions proposed - Consent order requiring a New York
porting flammable wear: 13.1060 Im- to be taken to notify customers of the City wholesaler of fabrics, including a
porting, selling, or transporting flam- flammability of said scarves and effect dark green rayon organette fabric desig-
mable wear. the recall of said scarves from customers, nated as style 8060, to cease violating
(Sec. 6. S8 Stat. 721; 15 U.S.C. 46. Interpret and of the results thereof, (4) any dis- the Flammable Fabrics Act by importing
or apply see. 5, 38 Stat. 719, as amended. 67 position of said scarves since October 2, or selling any fabric which fails to con-
Stat. 111, as amended; 15 U.S.C. 45, 1191) 1970, and (5) any action taken or pro- form to the standards of said Act.
iCease and desist order, Irving Moser Co., posed to be taken to bring said scarves The order to cease and desist, includ-
Inc. et al., New York City, Docket No. into conformance with the applicable ing further order requiring report of
C-2034, Sept. 8,1971] standard of flammability under the compliance therewith, is as follows:
In the Matter of Irving Moser Co., Inc., a Flammable Fabrics Act, as amended, or it is ordered, That respondents Jarmel
Corporation,and George Tobey, and destroy said scarves and the results of Fabrics, Inc., a corporation, and its offi-
Jack H. Rapp, Individually and as such action. Sich report shall further cers, and Herman Jarmel, individually
Officers of Said Corporation inform the Commission as to whether and as an officer of said corporation, and
or not respondents have in inventory respondents' representatives, agents, and
Consent order requiring a New York any product, fabric, or related material employees, directly or through any cor-
City importer and distributor of textile having a plain surface and made of porate or other device, do forthwith cease
fiber products, including ladies' scarves, paper, silk, rayon and acetate, nylon and and desist from manufacturing for sale,
to cease violating the Flammable Fabrics acetate, rayon, cotton or any other selling, offering for sale, in commerce,
Act by importing and selling any fabric material or combinations thereof in a or Importing into the United States, or
which fails to conform to the standards weight of 2 ounces or less per square introducing, delivering for introduction,
of said Act. yard, or any product, fabric, or related transporting or causing to be transported
The order to cease and desist, including material having a raised fiber surface. in commerce, or selling or deliveringafter
further order requiring report of compli- Respondents shall submit samples of not sale or shipment in commerce, any fabric,
ance therewith, is as follows: less than 1 square yard in size of any product or related material as "com-
It is ordered, That the respondents such product, fabric, or related material merce". "fabric", "product", and "related
Irving Moser Co., Inc., a corporation, and with this report. material" are defined in the Flammable
its officers, and George Tobey and Jack It is further ordered, Thit respond- Fabrics Act as amended, which fabric,
H. Rapp, individually. and as officers of ents notify the Commission at least 30 product or related material fails to con-
said corporation, and respondents' rep- days prior to any proposed change in the form to anapplicable standard or regula-
resen atives, agents, and employees, di- corporate respondent, such as dissolu- tion continued in effect, issued or
rectly or through any corporate or other tion, assignment or sale resulting in the amended under the provisions of the
device, do forthwith cease and desist emergence of a successor copvmratlon, aforesaid Act.
from manufacturing for sale, selling, of- the creation or disoluton of subsidiaries It is furtherordered,That the respond-
fering for sale, in commerce, or import- or any other change in the corporation ents herein shall, within ten (10) days
ing into the United State's, or introduc- which may affect compliance obligations after service upon them of this order,
ing, delivering for introduction, trans- arising out of this order. file with the Commission an interim spe-
porting or causing to be transported in It is further ordered, That the re- cial report in writing setting forth the
commerce, or selling or delivering after spondent corporation shall forthwith respondents' intention as to compliance
sale or shipment in commerce,'any prod- distribute a copy of this order to each of with this order. This interim special re-
uct, fabric, or related material; or manu- its operating divisions. port shall also advise the Commission
facturing-for sale, selling or offering for fully and specifically concerning the
sale, any product made of fabnic or re- It is further ordered, That the re-
spondents herein shall, within sixty (60) Identity of the fabric, product or related
lated material 'which has been shipped ,material which gave rise to the com-
or received in commerce as "commerce", days after service upon them of this
"prodfct", "fabric" and "related mate- Order, file with the Commission a report plaint, (1) the amount of such fabric,
in writing setting forth in detail the product or related material in inventory,
rial" are defined in the Flammable (2) any action taken to notify customers
Fabrics Act, as amended, which product, manner and form in which they have
of the flammability of such fabric, prod-
fabric, or related material fails to con- complied with this Order. uct or related material and the results
form to an applicable standard or regu- Issued: September 8, 1971. thereof, end (3) any disposition of such
lation issued, amenddd or continued in fabric, product or related material since
effect, under the provisions of the afore- By the Commission.
March 17, 1970. Such report shall further
said Act. [SEAL] CHAPus A. TOBIN, Inform the Commission whether respond-
It is further ordered, That respond- Secretary. ents have in inventory any fabric, prod-
ents notify all of their customers who uct or related material having a plain
have purchased or to whom have been [FR Doc.71-14823 Filed 10-8-71;8:47 aml
surface and made of silk, paper, rayon
delivered the ladies' scarves which gave or cotton, acetate and nylon, acetate and
rise to the complaint, of the flammable IDocket No. C-20321 rayon, or combinations thereof in a
nature of said scarves and effect the re- weight of 2 ounces or less per square
call of said scarves from such customers. PART 13-PROHIBITED TRADE
- It is further ordered, That the re- PRACTICES yard oX fabric with a raised fiber surface
spondents herein eithdr process the made of cotton or rayon or combina-
Jarmel Fabrics, Inc., and tions thereof. Respondents will submit
scarves which gave rise to the complaint samples of any such fabric, product or
so as to bring them into conformance Herman Jarmel
related material with this report. Sam-
with the applicable standard of flam- Subpart-Importing, selling, or trans- ples of the fabric, product or related
mability under the Flammable Fabrics Im- material shall be of not less than 1
Act, as amended, or destroy said scarves. porting flammable wear: 13.1060 square yardlof material.
It is further ordered,That the respond- porting, selling, or transporting flam-
ents herein shall, within ten (10) days mable wear. It is further ordered,That respondents
after service upon them of this order, (Sec. 6,_38 Stat. 721; 15 U.S.C. 46. Interpret notify the Commission at least 30 days
file with the Commission an interim or apply sec. 5. 38 Stat. 719. as amended. 67 prior thereto of any proposed change in
special report in writing setting forth the Stat. 111, as amended; 15 U.S.C. 45. 1191) the corporate respondent such as dis-
respondents' intentions as to compliance [Cease and desist order, Jarmel Fabrics. Inc., solution, assignment or sale resulting in

. FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19688 RULES AND REGULATIONS
the emergence of a successor corpora- selling, or offering for sale, in commerce, manner and form in which they have
tion, the creation or dissolutiol of sub- or importing into the United States, or complied with this order.
sidiaries or any other change in the cor- introducing, delivering for introduction, Issued: September 8, 1971.
poration which may -affect compliance transporting or causing to be trans-
obligations arising out of the order. ported, in commerce, or selling or deliv- By the Commission,
It is furtherordered,That the respond- ering after sale or shipment in com- (SEAL] CHAILS A. Towiu,
ents herein either process the fabric merce, any product, fabric, or related Sceretarj.
which gave rise to this complaint so as material; or manufacturing for sale, sell-
to bring them within the applicable ing or offering for sale any product made IFE Doc.71-14819 Filed 10-8-71:8:40 a I l
standards of the. Flammable Fabrics of fabric or related material which has
Act, as amended or destroy said fabric. been shipped or received in commerce, IDocket No. C-20331
It is further ordered,That the respond- as "commerce", "prdduct', "fabric", or PART 13-PROHIBITED TRADE
ents shall maintain complete and ade- "related material" are defined in the
quate records concerning all fabrics Flamnnable Fabrics Act, as amended, PRACTICES
subject to the Flammable Fabrics Act, which product, fabric, or related mate- Alfred Laufer and Pacific Notion Co,
as amended, which are sold or distributed rfal fails to conform to an applicable
by them. standard or regulation continued in Subpart-Importing, selling, or trans-
It is further ordered,That the respond- effect, issued or amended under the pro- porting flammable wear: 13.1060 Im-
ent corporation shall forthwith distribute visions of the aforesaid Act. porting, selling, or transporting flam-
a copy of this order to each of its operat- It is furtherordered, That respondents mable wear.
ing divisions. n6tify all of their customers who have (See. 6, 38 Stat. 721: 15 U.S.O. 40. Interpret
It is furtherordered,That the respond- purchased or to whom have been de- or apply sec. 5, 38 Stat. 710, as amended, 67
ents herein shall within sixty (60) days livered the products which gave rise to Stat. 111, as amended; 15 U.SC. 45, 1191)
after service 'upon them cf this order, this .complaint of the flammable nature [Cease and desist order, Alfred Iaufer ob al.,
file with the Commission a report in of said products, and effect recall of said San Prancisco, Calif., Docket N1o. C-2033,
Sept. 8, 19711
writing setting forth in detail the man- products from such customers.
ner and form in which they have com- It is further ordered, That the re- In the Matter of Alfred Laufer, an In-
plied with this order. spondents herein either process the dividual Doing Business as Pac/ic
Issued: September 8, 1971. products which gave rise to the com- Notion Co.
plaint so as to bring them into con- Consent order requiring a San fran-
By the Commission. formance with the applicable standard cisco, Calif., individual selling and dis-
[SEAL] CHARLES A. TOBIu, of flammability under the Flammable tributing wearing apparel, including
Secretary. Fabrics Act, as amended, or destroy said ladies' scarves, to cease violating the
products. Flammable Fabrics Act by Importing or
(FR Doc.71-14818 Filed 10-8-71;8:46 am) It is further ordered, That the respond- selling any fabric which fails to conform
ents herein shall, within ten (10) days to the standards of said Act.
[Docket No. -20351 after service upon them of this order, file The order to cease and desst, includ-
with the Commission a special report in ing further order requiring report of
PART 13-PROHIBITED TRADE writing setting forth the respondents' in- compliance therewith, Is as follows:
PRACTICES tentions as to compliance with this It is ordered, That respondent Alfred
order. This special report shall also ad- Laufer, individually, and doing business
Kauffman Bros. et al. vise the Commission fully and specifi- as Pacific Notion Co., or under any other
Subpart--Importing, selling, or trans- cally concerning (1) the identity of the name, and respondent's representatives,
porting flammable wear: 13.1060 Im- products which gave rise to the com- agents, and employees, directly or
porting, selling, or transporting flam- plaint, (2) the number of said products through any corporate or other device, do
mable wear. in inventory, (3) any action taken and forthwith cease and desist from selling,
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret any further actions proposed to be taken offering for sale, in commerce, or import-
or apply sec. 5, 38 Stat. 719, as amended, to notify customers of the flammability ing into the United States, or introduc-
67 Stat. 111, as amended; 15 U.S.C. 45, 1191) of said products and effect the recall of ing, delivering for introduction, trans-
[Cease and desist order, Kauffman Bros.- said products from customers, and of the porting or causing to be transported In
et al., Philadelphia, Pa., Docket No. -2035, results thereof, (4) any disposition of commerce, or selling or delivering after
Sept. 8, 19711 said products since August 21, 1970, and sale or shipment in commerce; any prod-
In the Matter of Kauffman Bros., a Part- (5) any action taken or proposed to be uct, fabric, or related material; or sell-
nership, and Bernard Kauffman, taken to bring said products into con- ing or offering for sale any product made
Leonard Kauffman, and Albert formance with the applicable standard of fabric or related material which has
Kauffman, Individually and as Co- of flammability under the Flammable been shipped or received In commerce,
partners Tradingas Kauffman Bros. Fabrics Act, as amended, or destroy said as "commerce", "product", "fabric" and
products, and the results of such action. "related material" are defined In the
Consent order requiring a Philadelphia, Such report shall further inform the Flammable Fabrics Act, as' amended,
Pa., partnership selling and distributing Commission as to whether or not re- which product, fabric or related material
wearing apparel, including women's spondents have in inventory any prod- fails to conform to any applicable stand-
scarves, to cease violating the Flam- uct, fabric, or related material having ard or regulation issued, amended or
mable Fabrics Act by importing and sell- a plain surface and made of paper, silk, continued in effect, under the provisions
ing any fabric which fails to conform to rayon and acetate, nylon and acetate, of the aforesaid Act.
the standards of said Act. rayon, cotton or any other material or It is further ordered, That respondent
The order to cease and aesist, includ- combinations thereof in a weight of 2 notify all of his custolners who have pur-
ing further order requiring report of ounces or less per square yard, or any chased or to whom have been delivered
compliance therewith, is as follows: product, fabric, or related material hav- the products which gave rise to the com-
It is ordered, That respondent Kauff- ing a raised fiber surface. Respondents plaint, of the flammable nature of said
man Bros., , partnership, and respond- shall submit samples of not less than 1 products and effect the recall of said
ents Bernard Kauffman, Leonard Kauff- square yard in size of any such product, products fron such customers.
man, and Albert Kauffman, individually fabric, or related material with this it is further ordered, That the respond-
and as copartners trading as Kauffman report. ent herein either process the products
Bros. or under any other name, and re- It is further ordered, That the re- which gave rise to the complaint so as
spondents' representatives, agents, and spondents herein shall, within sixty (60) to bring them into conformance with the
employees, directly or through any cor- days after service upon them of this applicable standard of flammability
porate or other device, do forthwith cease order, file with the Commission a report under the Flammable Fabrics Act, as
and desist from manufacturing for sale, in writing setting forth in detail the amended, or destroy said products.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19689
It is furtherordered,That the respond- statutory requirements: 13.1852-75 ingful manner as requlred by 226.6(a)
ent herein shall, within ten (10) days Truth in Lending Act; 13.1905 Terms of Regulation Z.
after service upon him of this order, file and conditions: 13.1905-60 Truth in 3. Failing in any credit sale to accu-
with the Commission a special repeort in Lending Act. rately disclose the amount of the "cash
writing setting forth the respondents (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret price" as required by 226.8(c) (1) and
intentions as to compliance with this or apply sec. 5, 38 Stat. 719, as amended, 82 226.8(o) (7) of Regulation Z.
order. This special report shall also Stat. 146, 147; 15 U.S.C. 45, 1601-1;05) iCac 4. Failing in any credit sale to accu-
advise the Commission fully and specifi- and desist order, Leisure Industries, Inc., rately disclose the amount of the "un-
cally concerning (1) the identity of the et al.. Alturas, Calif., Docket No. C-2029, paid balance of cash price" as required
products which gave rise to the com- Sept. 7, 19711 by 226.8(c) (3) of Regulation Z.
plaint, (2) the number of said products In the Matter of Leisure Industries,Inc., 5. Falling In any credit sale to accu-
in inventory, (3) any action taken and Doing Business as California Pines rately disclose the "amount financed"
any further actions proposed to be taken Recreational Estates, and Land Re- as required by 226.8(c) (7) of Regu-
to notify customers of the flammability searchers,Inc., and Arthur W. Carls- lation Z.
of said products and effect the recall of berg, Individually and as an Officer 6, Failing In any credit sale to accu-
said products from customers, and of the of Leisure Industries,Inc. rately dscl6se the amount of the "fi-
results thereof, (4) any disposition of nance charge" as it is required to be
said products since October 16, 1969, and Consent order requiring an Alturas, computed and disclosed by 226.4, 226.8
(5) any action taken or proposed to be Calif., seller of unimproved real estate (c) (8) (1), and 226.8(o) (7) of Regulation
to cease violating the Truth In Lending Z.
taken to bring said products into con- Act by failing to state in Its advertise-
formance with the applicable standard 7. Failing to disclose the "annual per-
ments in prescribed terminology the cash centage rate" accurately to the nearest.
of flammability under the Flammable price, the amount of the downpayment,
Fabrics Act, as amended, or destroy said quarter of 1 percent, in accordance with
products, and the results of such action. the schedule of repayments, the annual 226.5 and 226.8(a) (7) of Regulation Z,
percentage rate, the deferred payment -as required by 226.8(b) (2), and 226.10
Such report shall further inform the price, the unpaid balance of cash price,
Commission as to whether or not re- and failing to make all other disclosures
of RegulatonZ.
spondent has in inventory any product, 8. Failing, in any consumer credit
required by Regulation Z of said Act. transaction or advertisement, to make
fabric, or related material having a plain The order to cease and desist, includ-
surface and made of paper, silk, rayon, all disclosures, determined in accordance
ing further order requiring report of with 226.4, 226.5, and 226.8 of Regu-
and acetate, nylon and acetate, rayon, compliance therewith, is as follows: ,
cotton or any other -materialor combina- lation Z, in the manner, form and amount
It is ordered, That respondents Leisure required by 226.6, 226.8, 226.9, and
tions thereof in a weight of 2 ounces or Industries, Inc., Land Researchers, Inc.,
less per square yard, or any product, 226.10 of Regulation Z.
and their officers, and Arthur W. Carls- It is further ordered,That respondents
fabric or related material having a raised berg, individually and as an officer of
fiber surface. Respondent .shall 'submit Leisure Industries, Inc.. and respondents' deliver a copy of this order to cease and
samples of not less than 1 squarp-yard in agents, representatives and employees, desist to all present and future person-
size of any such product, fabric, or directly or through any corporate or nel of respondents engaged in the ar-
related material with this report, or a ranging or extension of consumer credit
other device, in connection with arrange- or in any aspzct of preparation, creation
sample of a complete product if said ment or extension of consumer credit or
product is less than one squard yard. any advertisement to aid, promote or as- or placing of advertising, and that re-
It is further ordered, That respondent sist directly or indirectly any arrange- spondents secure a signed statement ac-
herein shall, within sixty (60) days after ment or extension of consumer credit, as knowledging receipt of said order from
service upon him of this order, file with "consumer credit" and "advertisement" each such person.
the Commission a report, in writing, are defined in Regulation Z (12 CFR Part It is further ordered,That respondents
setting forth in detail the manner and 226) of the Truth in Lending Act (Public zhallwithin sixty (60) days after service
forii in which he has complied with this Law 90-321, 15 U.S.C. 1601 et seq.), do upon It of this order, file with the Com-
order. forthwith cease and desist from: mission a report in writing, setting forth
1. Causing to be disseminated to the In detail the manner and form in which
Issued: September 8,1971. public in any manner whatsoever any they have complied with this order to
By the Commission. advertisement to aid, promote or assist cease and desist.
-[SnLI CHARLES A. TOMN, directly or indirectly any extension of It is furtherordered, That respondents
Secretary. consumer credit, which advertisement notify the Commission at least thirty
states, directly or by implication, the (30) days prior to any proposed changein
[FR Doc.71-14820 Filed 10-8-71;8:46 am] amount of the downpayment required the corporate respondents such as dis-
or that no downpayment is required, the solution, assignment, or sale resulting in
[Docket No. C-2029 ] amount of any installment payment, the the emergence of a successor cxporation,
dollar amount of any finance charge, the creation or dissolution of subsidiaries
PART 13-PROHIBITED TRADE the number of installments or the period or any other change in the corporation
PRACTICES of repayment, or that there is no charge which may affect compliance obligations
Leisure Industries, Inc., et al. for credit, unless It states all of the fol- arising out of this order.
lowing items in terminology prescribed Issued: September 7, 1971.
Subpart-Advertising falsely or mis- under 226.8 of Regulation Z, as re-
leadingly: 13.71 Financing: 13.71-10 quired by 226.10(d) (2) of RegulationZ: By the Commission.
Truth in Lending Act; 13.73 Formal (1) The cash price; [sEAL] CHuRLEs A. Tosn;,
regulatory and statutory requirements: (2) The amount of the downpayment Secretary.
13.73-92 Truth in Lending Act; 13.- required or that no down-payment is
155 Prices: 13.155-95 Terms and con- required, as applicable; [FF Dca.71-14821 Filed 10-8-71:8:47 am]
ditions: 13.155-95(a) Truth in Lending (3) The number, amount, and due
Act. Subpart-Misrepresenting oneself dates or period of payments scheduled [Docket No. C-20281
and goods-Goods: 13.1623 Formal to repay the indebtedness if the credit is
regulatory and statutory requiremqnts: extended; PART 13-PROHIBITED TRADE
13.1623-95 Truth in Lending Act; Sub- (4) The amount of the finance charge PRACTICES
part--Msrepresenting oneself and expressed as an annual percentage rate;
goods-Prices: 13.1823 Terms and and Mainway Budget Plan, Inc., et al.
conditions: 13.1823-20 Truth in Lend- (5) The deferred payment price. Subpart-Advertising falsely or mis-
ing Act. Subpart-Neglecting, unfairly 2. Failing to make all the disclosures leadingly: 13.71 Financing: 13.71-10
or deceptively, to make material disclo- required by 226.10(d) of Regulation Z Truth in Lending Act; 13.73 Formal
sure: 13.1852 Formal regulatory and clearly, conspicuously, and in a mean- regulatory and statutory requirements:

FEDERAL REGISTER, VOL 36, NO. 197-SAURDAY, OCTOBER 9, 1971


19690 RULES AND REGULATIONS
13.73-92 Truth in Lending Act; 13.155 aspect of preparation, creation, or plac- dates of the scheduled payments, the
Prices: 13.155-95 Terms and condi- ing of advertising, and that respondents finance charge expressed as an annual
tions: 13.155-95(a) Truth in Lending secure a signed statement acknowledging percentage rate, and failing to make all
Act. Subpart-M-disrepresenting oneself receipt of said order from each such other disclosures required by Regulation
and goods-Goods: 13.1623 Formal person. Z of said Act.
regulatory and statutory requirements: It is further ordered,That respondents The order to cease and desist, Includ-
13.1623-95 Truth in Lending Act; notify the Commission at least thirty ing further order requiring report of
Subpart-Misrepresenting oneself and (30) days prior to any proposed change compliance therewith, Is as follows:
goods-Prices: 13.1823 Terms and in the corporate respondents, such as It is ordered, That respondent Mr.
conditions: 13.1823-20 Truth in Lend- dissolution, assignment or sale resulting Beef, Inc., a corporation and Its officers,
ing Act. Subpart--Neglecting, unfairly in the emergence of a successor corpora- and Donald Bevelheimer, Individually
or deceptively, to make material disclo- tion, the creation or dissolution of sub- and as an officer of said corporation, and
sure: 13.1852 Formal regulatory and sidiaries, or any other change in the respondents' agents, representatlves,, and
statutory requirements: 13.1852-75 corporation which may affect compli- employees, directly or through any cor-
Truth in Lending Act; 13.1905 Terms ance obligations arising out of this order. porate or other device, In connection
and conditions: 13.1905-60 Truth It is furtherordered,That the respond- with the offering for sale, sale or distrl-
in Lending Act. ents herein shall, within sixty (60) bution of meat or other food products, do
(Sec. 6. 38 Stat. 721; 15 U.S.C. 46. Interpret days after service upon them of this forthwith cease and desist from:
or apply see. 5, 38 Stat. 719, as amended, order, file with the Commission a report, 1. Disseminating, or causing tile dis-
82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605) in writing, setting forth in detail the semination, by means of U.S. malls or by
[Cease and desist order, Mainway Budget manner and form in which they have any means in commerce, as "commerce"
Plan, Inc., et al., Chicago, Ill., Docket No.
C-2028, Sept. 3, 19711 complied with this order. is defined In the Federal Trade Com-
Issued: September 3, 1971. mission Act, of any advertisement which
In the Matter of Mainway Budget Plan, represents directly or by implication:
Inc. and King Management Corp., By the Commission. (a) That any products are offered for
Corporations, and William N. Refb, [SEAL] CHARLES A. TOBIN,- sale, when the purpose of such repro-
Julius Blumoff and William Allen, Secretary. sentations Is not to sell the offered prod-
Individually and as Officers of said ucts, but to obtain prospects for the sale
Corporations [FRt D3c.71-14822 Filed 10-8-71;8:47 am]
of other products at higher prices,
Consent order requiring two Chicago, (b) That any product Is offered for sale
Ill., firms engaged in the financing of [Docket No. C-2020] when such an offer is not a bona fide
insurance premiums -to cease violating PART 13-PROHIBITED TRADE offer to sell such product.
the Truth in Lending Act by failing to (c) That any product Is guaranteed
disclose the annual percentage rate cor- PRACTICES
unless the nature, conditions and extent
rectly, and failing to make all required Mr. Beef, Inc., and Donald of the guarantee and the manner in
consumer credit disclosures in accord- Bevelheimer which the guarantor will perform there-
ance with Regulation Z of said Act. under are clearly and conspicuously dis-
The order to cease and desist, includ- Subpart-Advertising falsely or mis- closed In Immediate conjunction there-
ing further order requiring report of leadingly: 13.70 Fictitiousor mislead- with.
compliance therewith, is as follows: ing guarantees: 13.71 Financing:13.- 2. Disseminating or causing the dis-
It is ordered, That respondents Main- 71-10 Truth in Lending Act; 13.73 semination, of any advertisement by
way Budget Plan, Inc. and King Man- Formal regulatoryand statutoryrequire- means of U.S. malls, or by any means In
agement Corp., corporations, and their ments: 13.73-92 Truth in Lending Act. commerce, as ".commerce" Is defined in
officers, and respondents William N. 13.155 Prices: 13,155-10 Bait; 13.155- the Federal Trade Commission Act,
Reib, Julius Blumoff, and William Allen, 95 Terms and conditions; 13.230 Size which fails to clearly and conspicuously
Individually and as officers of said cor- or weight. Subpart,--Misrepresenting disclose the particular normal average
porations, and respofidents' agents, rep- oneself and goods-Goods: 13.1623 percentage of weight loss of each un-
resentatives, and employees, directly or Formalregulatory and statutory require- trimmed piece of meat offered for sale
through any corporate or other device, ments: 13.1623-95 Truth in Lending Act. therein.
in connection with any consumer credit Subpart-Neglecting, unfairly or decep-
extension or any advertisement to aid, tively, to make material disclosure: 13.- 3. Discouraging the purchase of, or
promote or assist directly, or indirectly 1905 Terms and conditions: 13.1905-50 disparaging In any manner, or encourag-
any extension of consumer credit, as Sales contract; 13.1905-60 Truth in ing, Instructing or suggesting that others
"consumer credit" and "advertisement" Lending Act. discourage or disparage any meat or
are defined in Regulation Z (12 CFR (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or other food products which are advertised
Part 226) of the Truth in Lending Act apply sec. 5, 38 Stat. '719, as amended, 82 Stat. or offered for sale in advertisements, dis-
(Public Law 90-321, 15 U.S.C. 1601 et 146, 147; 15 U.S.C. 45, 1601-1605) [Cease and seminated or caused to be disseminated
seq.), do forthwith cease and desist desist order, Mxr. Beef, Inc., et al., Toledo, by means of the U.S. malls or by any
from: Ohio, Docket No. C-2020, Aug. 27, 19711 means in commerce, as "commerce" Is
1. Failing to disclose the annual per- In the Matter of Mr. Beef, Inc., a Corpo- defined In the Federal Trade Commission
centage rate correctly, determined in Act.
ration, and Donald Bevelheimer,
accordance with 226.5 of Regulation Z, Individuallyand as an Officer of Said 4. Misrepresenting in any manner the
as required by 226.8(b) (2) of Regula- Corporation terms of payment available to purchasers
tion Z. of respondents' meat or other food
2. Failing in any consumer credit Consent order requiring a Toledo, products.
transaction or advertisement to make all Ohio, seller and distributor of meat and 5. Disseminating or causing the dis-
disclosures determined in accordance meat products to cease -deceptively adver- semination of advertisements by any
with 226.4 and 226.5 of Regulation Z tising and falsely guaranteeing its prod- means, including those aforesaid, for the
in the manner, form and amount re- ucts, failing to disclose the weight loss of purpose of inducing, or which are likely
quired by 226.6, 226.7, 226.8, 226.9, and its untrimmed meat, discouraging the to induce, directly or indirectly, the pur-
226.10 of Regulation Z. purchase of any of its advertised food, chase of food In commerce, as "com-
It is further ordered,That respondents and failing to give notice 'to purchasers
who sign promissory notes that
merce" Is defined In the Federal Trade
deliver a copy of this order to cease and notes may be sold to third parties;such the
Commission Act, which contains any of
desist to all present and future person- respondent is also required to cease vio- the representations prohibited In para-
nel of respondents, and other persons latiig the Truth in Lending Act by fail- graph 1 or the misrepresentations pro.
engaged in the consummation of any ex- ing to use the terms cash price, down- hibited in paragraph 4 or fails to comply
tension of consumer credit or in any payment, the number, amounts and due with the disclosure requirements of para-
graph 2 hereof.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19691

6. i ailing to incorporate the following posed change in the corporate respond- ber of payments, and other disclosures
statement on the face of all contracts ent such as dissolution, assignment or required by Regulation Z of said Act.
executed by respondents' customers with sale resulting in the emergence of a suc- The order to cease and desist, includ-
such conspicuousness and clarity as is cessor corporation, the creation or dis- ing further order requiring report of com-
likely to be observed, read and under- solution of subsidiaries or any other pliance therewith, is as follows:
stood by the purchaser: change in the corporation which may It is ordered, That respondents Sam-
affect compliance obligations arising out ple Furniture Store, Inc., a corporation,
IM PORTANT NOTICE
of the order. and Its officers; J. Blumberg, Inc., a cor-
If you are obtaining credit in connection It is further ordered,That the respond- poration, and its officers; No. 2 J. Blum-
with this contract, you. will be -required to *ents herein shall, within sixty (60) days berg, Inc., a corporation, and its officers;
sign a promissory note. This note may be Penry Furniture Co., a corporation, and
purchased by a bank, finalice company, or after service upon them of this order,
file with the Commission a report in its officers; Smlth-Flitzgbbons Furniture
any other third party. If it is purchased by Co., a corporation, and its officers; G & E
another party, you will be-required rto make writing setting forth in detail the man-
your payments to the purchaser of the not,. ner and form in which they have com- Furniture Co., a corporation, and its
You should be aware that if this happens plied with this order. officers; Adams Furniture Co., Inc., a cor-
you may have to pay the note in full to the poration, and Its officers; and David L.
new owner of the note even If this contract Issued: August 27, 1971. Blumberg, as an individual and officer of
is not fulfilled. By the Commission. each of said corporations, and respond-
It is further ordered,That respondents ents' representatives, agents and em-
[SEAL] CHALES A. TOBIN, ployees, directly or through any corporate
and respondents' agents, representatives, Secretary.
and employees directly or through any or other device, in connection with any
corporate or other device in- connection [FR Doc.71-14810 Fied 10-8-71;8:45 am] extension of consumer credit or any ad-
with any advertisement of consumer vertisement to aid, promote or assist di-
credit sale of bulk beef or other meat rectly or indirectly any extension of con-
products as "advertisement" and "credit
[Docket No. C-20241 sumer credit as "consumer credit" and
sale" are defined in Regulation Z of the PART 13-PROHIBITED TRADE "advertisement' are defined in Regula-
Truth in Lending Act do forthwith cease PRACTICES tion Z (12 CFA, Part 226) of the Truth
and desist from: in Lending Act (Public Law 90-321, 15
1. Stating directly or indirectly in any Sample Furniture Store, Inc., et al. U.S.C. 1601 et seq.), do forthwith cease
advertisement the amount of the down and desist from:
Subpart-Advertising falsely or mis- 1. Falling to use the term "cash down-
payment required or- that no down pay- leadingly: 13.71 Financing: 13.71-10
ment is required, the amount of any in- payment" to describe any downpayment
Truth in Lending Act; 13.73 Formal in cash, or falling to use the term "trade-
stailment payment, the dollar amount regulatory and statutory requirements:
of any finance charge, the number of in- in" to describe any downpayment in
13.73-92 Truth in Lending Act; 13,155 property, as required by 226.8 Cc) (2) of
'stallments or the period of repayment, Prices: 13.155-95 Terms and condi-
or that there is no charge for credit, un- Regulation Z.
tions; 13.155-95(a) Truth in Lending 2. Failing to use the term "unpaid bal-
less all of the following items are stated, Act. Subpart-.Misrepresenting oneself
in terminology prescribed under 226.8 ance of cash price" to describe the dif-
and goods--Goods: 13.1623 Formal ference between the cash price and the
of Regulation Z, as required by 226.10 regulatory and statutory requirements:
(d) (2) of Regulation Z: , total donpayment, as required by
13.1623-95 Truth in Lending Act; Sub- 226.8(c) (3) of Regulation Z.
(i) The rash price or the amount of part-Misrepresenting oneself and
the loan, as applicable; 3. Failing to use the term "deferred
goods-Prices: 13.1823 Terms and payment price" to describe the sum of
(ii) The amount of the down payment conditions: 13.1823-20 Truth in Lend-
required or that no down payment is re- the cash price, all other charges indi-
ing Act. Subpart-Neglecting, unfairly vidually Itemized, and the finance
quired, as applicable; or deceptively, to make material disclo-
(iii) The number, amount, and due charge, as required by 226.8(b) (8) (ii)
sure: 13.1852 Formal regulatory and of Regulation Z.
dates or period of payments scheduled statutory requirements: 13.1852-75
to repay the indebtedness if the credit 4. Falling to accurately disclose the
is extended;
Truth in Lending Act; 13.1905 Terms annual percentage rate computed to the
(iv) The amount of the finance and conditions: 13.1905-60 Truth in nearest one-quarter of I percent in ac-
charge expressed as an annual percent- Lending Act. cordance with 226.5 of Regulation Z, as
age rate; (Sec. 6, .38 Stat. 721; 15 U.S.C. 46. Inter- requiied by 226.8(b) (2) of Regulation
(v) Except in connection with the sale pret or apply sec. 5.38 Stat. 719. as amended. Z.
of a dwelling, on a first lien loan to pur- 82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605) 5. Failing to disclose the correct num-
[Cease and desist order. Sample Furniture ber of payments and amount of each
chase a dwelling, the deferred payment Store, Inc.. et al.. Waukegan. 111.. Docket No.
price or the sum of the payments, as ap- payment scheduled to repay the indebt-
C-2024. Sept. 2,19711 edness so that the sum of such pay-
plicable.
2. Failing, in any consumer credit In the Matter of Sample FurnitureStore, ments will equal the "total of payments",
transaction or advertisement, to make Inc., a Corporation,and J. Blumberg, as required by 226.8(b) (3) of Regula-
all disclosures in the manner and form Inc., a Corporation, and No. 2 J. tion Z.
required by 226.8' and 226.10 of Blumberg, Inc., a Corporation, and 6. Failing, In any consumer credit
Regulation Z. Penry FurnitureCo., a Corporation, transaction or advertisement, to make
It is further ordered, That a copy of and Smith-Fitagibbons Furniture all disclosures, determined in accordance
this order to cease and desist be delivered Co., a Corporation,and G & E Fur- with Section 226.4 and Section 226.5 of
to all operating divisions of the corpor- nitureCo., a Corporation,and Adams Regulation Z, in the manner, form and
ate respondent, and to all officers, man- Furniture Co., Inc., a Corporation, amount required by 226.6, 226.8, 226.9,
agers, and salesmen thereof, both pres- and David L. Blumberg, Individually and 226.10 of Regulation Z.
ent and future, and to any other per- and as an Officer of Said Corpora- It is furtherordered,That the respond-
son now engaged or who becomes en- tions ent corporations shall forthwith distrib-
gaged in the sale of meat or other food ute a copy of this order to each of their
Consent order requiring seven Illinois operating divisions.
products as respondents' agent, repre- and one Wisconsin sellers and distribu-
sentative or employee, and to secure It is further ordered, That respond-
tors of household furniture and ap- ents deliver a copy of this order to cease
from each of said persons a signed state- pliances to cease violating the Truth in
ment acknowledging receipt of a copy and desist to all present and future per-
thereof.
Lending Act by falling to use in their sonnel of respondents engaged inthe con-
installment contracts the terms cash summation of any extension of consumer
-It is further ordered, That respondent
corporation notify the Commission at price, deferred payment price, the an- credit or n any aspect of preparation,
least thirty (30) days prior to any pro- nual percentage rate, the correct num- creation, or placing of advertising, and

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19692 RULES AND REGULATIONS
that respondents secure a signed state- 1. Falsely and deceptively stamping, [Cease and desist order, United Staten TeX-
ment acknowledging receipt of said order tagging, labeling, or otherwise identify- tile Co., Inc., et al. Fall River, Ma.,, Dolet
from each such person. ing such products as to the character or No. C-2030, Sept. 8, 1971]
It is further ordered, That respond- amount of the, constituent fibers con-
ents notify the Commission at least thirty In the Matter of United States Textilo
tained therein. Co., Inc., a Corporationand Gershon
(30) days prior to any proposed change 2. Failing to securely affix to or place
in the corporate respondent such as dis- Salhanick, and Leonard W. Hates,
on, each such product a stamp, tag, Individually and as 00ccrs of Said
solution, assignment or sale resulting in label, or other means of identification
the emergence of a successor corporation, Corporation
showing in a clear and conspicuous man-.
the creation or dissolution of subsidiaries ner, each element of information re- Consent order requiring a Fall RIver,
or any other change in the corporation quired to be disclosed by section 4(a) (2) Mass., textile converter which markets
which may affect compliance obligations of the Wool Products Labeling Act of finished apparel lining and quilted lining
arising out of the order. 1939. fabrics to garment manufacturers to
It is further ordered,That respondents It is further ordered, Thatrespondent cease misbranding and falsely invoicing
herein shall, within sixty (60) days after Sutton Lane Corp., a corporation, and its wool products.
service upon them of this order, file with its officers, and respondent's representa- The order to cease and desist, includ-
the Commission a report in Writing, set- tives, agents, and employees, directly or ing further order requiring report of
ting forth in detail the manner and form through any corporate or other device, in compliance therewith, Is as follows:
in which they have complied with this connection with the offering for sale, sale It is ordered, That respondents United
order. or distribution of yarns or other products, States Textile Co., Inc., a corporation,
in commerce, as "commerce" is defined and Its officers, and Gershon Salhanick
Issued: September 2, 1971. and Leonard W. Kates, Individually and
in the Federal Trade Commission Act, do
By the Commission. forthwith cease and desist from mis- as officers of said corporation, and re-
representing the character or amount of spondents' representatives, agents. and
[SEAL] CHARLES A. TOBIN, employees, directly or through any cor-
constituent fibers contained in such
Secretary. lproducts on invoices or shipping memo- porate or other device, in connection with
[FR Doc.71-14826 Piled 10-8--71;8:47 am] randa applicable thereto, or in any other the introduction or manufacture for In-
manner. troduction into commerce, or offering for
It is further ordered, That respondent sale, sale, transportation, distribution,
[Docket No. C-20311 delivery for shipment or - shipment, In
notify the Commission at least 30 days
PART 13-PROHIBITED TRADE prior to any proposed change in the commerce, of wool products, as "com-
corporate respondent such as dissolution, merce" and "wool product" are defined
PRACTICES in the Wool Products Labeling Act of
assignment or sale resulting in the
Sutton Lane Corp. emergence of a successor corporation, 1939, do forthwith cease and desist from
Subpart-Invoicing products falsely: the creation or dissolution of subsidiaries misbranding wool products by:
13.1108 Invoicing products falsely: or any other change in the corporation 1. Falsely and deceptively stamping,
13.1108-40 Federal Trade Commission which may affect compliance obligations tagging, labeling, or otherwise Identify-
Act. Subpart--Misbranding or mislabel- arising out of the order. ing such products as to the character or
ing: 13.1185 Composition: 13.1185-90 It is further ordered, That the re- amount of the constituent fibers con-
Wool Products Labeling Act; 13.1212 spondent corporation shall forthwith tained therein.
Formalregulatory and statutory require- distribute a copy of this order to each of 2. Failing to securely affix to or place
ments: 13.1212-90 Wool Products La- its operating divisions. on, each such product a stamp, tag, label,
beling Act. Subpart-Neglecting, un- It is further ordered, That respondent or other means of Identification showing
fairly or deceptively, to make material herein shall, within sixty (60) days after in a clear and conspicuous manner, each
disclosure: 13.1852 Formal regulatory service upon it of this prder, file with the element of information required to be
and statutory requirements: 13.1852-80 Commission a report, in writing, setting disclosed by section 4(a) (2) of the Wool
Wool Products Labeling Act. forth in detail the manner and form in Products Labeling Act of 1939.
which it has complied with this order. It is further ordered, That respond-
(See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ents United States Textile Co., Inc., a
or apply sec. 5, 38 Stat. 719, as amended, secs. Issued: September 8, 1971. corporation, and its officers, and Ger-
2-5. 54 Stat. 1128-1130; 15 U.S.C. 45, 68)
[Cease und desist order, Sutton Lane Corp., By the Commission. shon Salhanick and Leonard W. Kates,
North Oxford, lfass., Docket No. C-2031, Sept. individually and as officers of said cor-
8,1971] [SEAL] CHARLES A. TOBIN, poration, and respondents' representa-
Secretary. tives, agents and employees, directly or
In the Matter of Sutton Lane Corp., a [FR Doc.71-14824 Filed 10-8-71;8:47 am] through any corporate or other device, In
Corporation connection with the offering for sale, sale
Consent order requiring a North Ox- or distribution of quilted fabrics or other
ford, Mass., manufacturer and marketer [Docket No. C-2030] products, in commerce, as "commerce"
of yarn to cease misbranding and falsely PART 13-PROHIBITED TRADE is defined in the Federal Trade Com-
invoicing its wool products. mission Act, do forthwith cease and de-
The order to cease and desist, includ- PRACTICES sist from misrepresenting the character
ing further order requiring report of United States Textile Co., Inc., et al. or amount of constituent fibers contained
compliance therewith, is as follows: in such products on Invoices or shipping
It is ordered, That respondent Sutton Subpart-Invoicing products falsely: memoranda applicable thereto, or In any
Lane Corp., a corporation, and its officers, 1108-40
13.1108 Invoicing products falsely: 13.- other manner.
and respondent's representatives, agents, Subpart--MisbrandingFederal Trade Commission Act. It is further ordered,That respondents
and employees, directly or through any 13.1185 or mislabeling: notify the Commission at least 30 days
corporate or other device, in connection Wool Products Composition: 13.1185-90 prior to any proposed change In the cor-
with the manufacture for introduction Formalregulatory Labeling Act; 13.1212 porate respondent such as dissolution,
Into commerce or offering for sale, sale, ments: and statutory require- assignment or sale resulting Inthe emer-
transportation, distribution, delivery for beling Act. 13.1212-90 Wool Products La- gence of a successor corporation, the
Subpart-Neglecting,
shipment or shipment, in commerce, of or deceptively, to make materialunfairly creation or dissolution of subsidiaries or
disclo- any other change in the corporation
wool products, as "commerce" and "wool sure: 13.1852 Formal regulatory and which may affect compliance obligations
product" are defined in the Wool Prod- statutory requirements:12.1852-80 Wool arising out of the order.
ucts Labeling Act of 1939, do forthwith Products Labeling Act. It is furtherordered, That the respond-
cease and desistifrom misbranding wool (See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or ent corporation shall forthwith distri-
apply sec. 5, 38 Stat. 719, as amended, secs. bute a copy of this order to each of Its
products by: 2--5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) operating divisions.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19693

It is furtherordered,That respondents or prospective purchasers of respondents' in which to file a protest against cer-
herein shall, within sixty (60) days after merchandise; or misrepresenting, in any tain decisions of Custom officers from
service upon them of this order, file with manner, the savings or amount of savings 60 to 90 days. Protests against the duti-
the Commission a report, in writing, set- available to purchasers or prospective ability of foreign purchases and repairs
ting forth in detail the manner and form purchasers of respondents' merchandise. to American vessels are made under
in which they have complied with this 3. Failing to maintain adequate records section 514. Public Law 91-654, approved
order. for a period of 5 years (a) which disclose January 5, 1971, amended section 466,
Issued: September 8, 1971. the facts upon which any savings claims, Tariff Act of 1930, as amended, to add
including former pricing claims and com- a subsection (c) which provides for cer-
By the Commission. parative value claims, and similar repre- tain exemptions from duty on repairs
[SEAL] CHARLES A. TOBm, sentations of the type described in para- on special purpose vessels. To conform
Secretary. graphs 1 and 2 of this order are based, 4.14(e) of the Customs regulations
and (b) from which the validity of any with the amendments to sections 514 and
[FR Doc.71-14827 Filed 10-8-71;8:47 am] savings claims, including former pricing 466, 4.14(e) is amended to read:
claims and comparative value claims, and 4.14 Equipment and repairs to Amer-
[Docket No. C-2027] similar representations of the type de- ican vessels.
scribed in paragraphs 1 and 2 of this
PART 13-PROHIBITED TRADE order can be determined.
PRACTICES 4. Failing, when requested, pursuant to (e) An application for relief may be
a guarantee of satisfaction or of full filed with the District Director of Cus-
Valmor Products Co. and Morton G. refund, to refund the purchase price of toms alleging that:
Neumann merchandise within the time specified in (1) An item covered by the entry is
Subpart-Advertising falsely or mis- respondents' advertisements, or if no time not within the class of items liable to
leadingly: 13.70 Fictitiousor mislead- is specified, within a reasonable time not duty under section 466(a) of the Tariff
ing guarantees; 13.155 Prices: 13.155- to exceed 30 days. Act of 1930, as amended, or
40 Exaggerated as regular -and custom-: 5. Representing, directly or by implica- (2) Such item is within the provisions
ary; &13.185 Refunds, repairs, and re- tion, that any product or service is guar- of section 466(b) or 466(c) of the Tariff
placements. Subpart-Neglecting, un- anteed, unless: Act of 1930, as amended, or
fairly or deceptively, to make material (1) The nature and extent of the (3) Both of the foregoing.
disclosure: 13.1882 Prices. guarantee, and the Identity of the guar-
antor and the manner in which the To insure consideration in liquidation of
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets the entry, the application shall be filed
or applies sec. 5,38 Stat. 719, as amended; 15
guarantor will perform thereunder are
clearly and conspicuously disclosed, and within 90 days from the date of entry.
US.C 45) [Cease and desist order, Vabnor
Products Co., Chicago, Ill., Docket No. 0-2027, (2) The guarantor does in fact per- Unless the district director is definitely
Sept. 3, 19711 form all of the actual and represented advised that no application will be filed,
obligations under the terms of the the liquidation shall be suspended for 90
In the Matter of Valmor Products Co., a guarantee. days to afford an opportunity for such
Corporation, and Morton G. Neu- It is further ordered,That respondents Ming. In meritorious cases and upon
mann, Individually and as an Officer notify the Commission at least thirty written request, the district director may
of Said Corporation (30) days prior to any proposed change authorize a further suspension of 90
Consent order requiring a Chicago, 31., in th6 corporate respondent such as dis- days. Applications for relief submitted
seller and distributor of 'wigs to cease solution, assignment, or sale resulting after those time periods shall not be con-
misrepresenting the price at which any of in the emergence of a successor corpora- sidered without prior Bureau approval.
its merchandise was sold, misrepresent- tion, the creation or dissolution of a sub- Inasmuch as an unprotested liquidation
ing the savings available to purchasers, sidiary or any other change in the cor- insofar as It relates to the classification
failing to maintain adequate records to poration which may affect compliance of Items under section 466(a) of the
support savings claims, failing to make obligations arising out of the order. Tariff Act of 1930, as amended, is final
requested refunds within a reasonable It is further ordered, That respond- at the expiration of 90 days, a subse-
time, and making deceptive guarantees. ents herein shall within sixty (60) days quent application in regard to such
The order to cease and desist, including after service upon them of this order, classification cannot be considered in the
further order requiring report of com- file with the Commission a report, In absence of a timely protest.
o * 0 0
pliance therewith, is as follows: writing, sdtting forth in detail the man- 0

It is ordered, That respondent Valmor ner and form in which they have com- (See. 46, 46 Stat. 719., as amended, sec. 514.
Products Co., a corporation, and its offi- plied with this order. 46 Stat. 734. as amended, sec. 624, 46 Stat.
cers, and Morton G. Neumann, individu- 759; 19 U.S.C. 1486,1514,1624)
ally and as an officer of said corporation, Issued: September 3, 1971.
Effective date. This amendment shall
and respondents' agents, representatives, By direction of the Commission. become effective on the date of its pub-
and employees, directly or through any [sEAL] CxiauLs A. ToBn, lication in the FDmEmm REos=
corporate or other device, in connection Secretary. (10-9-71).
with the advertising, offering for sale,
sale or distribution of wigs and other [FR Doc.71-14828 Filed 10-8-71;8:47 am) [seAJ EDwIN F. RAMs,
products, in commerce, as "commerce" is Acting Commissionerof Customs.
defined in the Federal Trade Commission Approved: September 29,1971.
Act, do forthwith cease and desist from:
1. Using the term "was" or any abbre- Title 19-CUSTOMS DUTIES EuGmE T. RossnEs,
viation, word, term or expression of Assistant Secretaryof the
similar import or meaning to refer to any Chapter I-Bureau'of Customs, Treasury.
amount which is in excess of the price at Department of the Treasury [FR Dac.71-14873 Filed 10-8-71;8:50 am]
which such merchandise has been sold'or [T.D. 71-2551
offered for sale in good faith by the
respondents for a reasonably substantial PART 4-VESSELS IN FOREIGN AND ITD. 71-2541
period of time in the recent, regular DOMESTIC TRADE PART 4-VESSELS IN FOREIGN AND
course of their business; or misrepresent- DOMESTIC TRADES
ing, in any manner, the price at which -Extension of Time on Protest Against
such merchandise has been sold or offered Dutiability of Vessel Repairs Coastwise Transportation
for sale by the respondents. Public Law 91-271, approved June 2,
2. Falsely representing, in any manner, 1970, amended section 514, Tariff Act of On the basis of information obtained
that savings are available to purchasers 1930 (19 U.S.C. 1514) to extend the time and furnished by the Department of
State, It is found that the Government

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971

66-000 O - 71 - 2
19694 RULES AND REGULATIONS
of the Republic of Korea extends to Guard District and was published in the
vessels of the United States, in ports of
the Republic of Korea, privileges recipro-
FEDERAL REGISTER as a notice of proposed
rule making (CGFR 71-67) on July 10,
Title 21-FOOD AND DRUGS
cal to those provided in 4.93 of the Cus- 1971 (36 F.R. 12989). Four responses were Chapter I-Food and Drug Adminis-
toms regulations. Therefore, vessels of received. The Northwest Rivers and Har- tration, Department of Health, Edu-
the Government of the Republic of Korea bors Congress, representing the waterway cation, and Welfare
are permitted to transport coastwise interests in the area, concurred. One SUBCHAPTER C-DRUGS
empty cargo vans, empty lift vans, empty letter of no objection was received. One
shipping tanks; equipment for use with cautioned against possible detriment to [DESI 83201
cargo vans, lift vans, or shipping tanks; the shipping traffic in Portland and the PART 141a-PENICILLIN AND PENI-
empty barges specifically designed for State of Oregon. The fourth letter reccmn-
carriage aboard a vessel; empty instru- CILLIN-CONTAINING DRUGS; TESTS
melided extending the closed periods ,AND METHODS OF ASSAY
ments of international traffic exempted rather than shortening them. The Coast
from application of the customs laws by Guard feels that.this change will not un- PART 141e-BACITRACIN AND BAC-
the Secretary of the Treasury pursuant duly restrict navigation and will expedite
to the provisions of section 322 (a), Tariff ITRACIN-CONTAINING DRUGS;
rush hour vehicular traffic. TESTS AND METHODS OF ASSAY
Act of 1930 (19 U.S.C. 1322(a)); and Accordingly, Part 117 of Title 33, Code
stevedoring equipment and material un- PART 146a-CERTIFICATION OF PEN-
der the conditions specified in the ap- of Federal Regulations is amended by
plicable proviso to section 27, Merchant striking out the words, "Spokane, Port- ICILLIN AND PENICILLIN-CONTAIN-
Marine Act, 1920, as amended (46 U.S.C. land and Seattle Ry." wherever they ap- ING DRUGS
pear in paragraphs (b) and (c) of
883). 117.750 and inserting the words "Bur- PART 146c-CERTIFICATION OF
Accordingly, paragraph (b) (1) of
4.93, Customs regulations, is amended lington Northern railroad" in place CHLORTETRACYCLINE (OR TETRA-
by the insertion of the "Republic of thereof and revising 117.750(f) to read CYCLINE) AND CHLORTETRACY-
Korea" in appropriate alphabetical or- as follows: CLINE- (OR TETRACYCLINE-) CON-
der'in the list of countries under that 117.750 Willamette River at Portland, TAINING DRUGS
paragraph. Paragraph (b) (2) of 4.93, Oreg., Columbia River at Vancouver,
Customs regulations, is also amended by Wash., and North Portland Harbor PART 146e-CERTIFICATION OF BAC-
the insertion of the "Republic of Korea" (Oregon Slouth), Oreg.; bridges ITRACIN AND BACITRACIN-CON-
in appropriate alphabetical order in the (highway and railroad); Signals. TAINING DRUGS
list of countries under that paragraph.
(80 Stat. 379, sec. 27, 41 Stat. 999, as (f) Closed periods. (1) The periods PART 148i-NEOMYCIN SULFATE
amended; 5 U.S.C. 301, 46 U.S.C. 883) from 7 am. to 8:30 am. and 4 p.m. to Antibiotic Troches; Confirmation of
Effective date. This amendment shall 5:30 p.m. are hereby designated closed Order Revoking Provisions for
become effective on the date of its pub- periods during which the draw spans of Certification
lication in the FEDERAL REGISTER (10-9- bridges carrying street traffic over Wil-
71). lamette River at Portland shall not be An order was published in the FEDERAL
opened to navigation except as below REGISTER of July 14, 1971 (36 P.R. 13089),
[SEAL] EDWIN F. RAINS, provided, or when necessary to prevent amending the antibiotic drug regulations
Acting Commissionerof Customs. accident.
to repeal provisions for certification of
Approved: September 29, 1971. (2) Closed periods above defined shall
not be effective on Saturday, Sunday, all antibiotic troches. The order
EUGENE T. RoSSIDES, New Year's Day, Memorial Day, Fourth amended Parts 141a, 141e, 146a, 140o,
Assistant Secretary of of July, Labor Day, Thanksgiving Day, 146e, and 1481 by revoking 141a,12,
the Treasury. and Christmas Day, or days observed in 141a.41, 141e.413, 141e.419, 141e.430,
[FR Doc.71-14874 Fied 10-8-71;8:50 am] lieu of these under State law: Provided, 146a.30, 146a.60, 146c.203, 146o.413,
That closed periods shall not apply 146e.419, 146e.436, 148i.36, 1481.37, and
against harbor patrol or fire boats an-
1481.38 and all antibiotic certificates
Title 33-NAVIGATION AND swering calls. At the Broadway Bridge
only, oceangoing vessels of 750 gross tons issued thereunder.
or over that are entering the harbor di- Pursuant to provisions of the Federal
NAVIGABLE WATERS rectly from the ocean may signal and Food, Drug, and Cosmetic Act (secs.
pass through this bridge at any hour. 507, 52 Stat. 1050-51, 502,
as amended, 5
Chapter I-Coast Guard, Department Vessels authorized to pass through Stat. 463, as
bridges during closed periods or in case amended; 21 U.S.C. 352,
of Transportation
of emergency when opening of the draw 357) and under authority delegated to
SUBCHAPTER J-BRIDGES is necessary to prevent accident, shall the Commissioner of Food and Drugs
[CGFR 71-67a] sound the call signal twice in rapid suc- (21 CFR 2.120), notice is given that no
PART 117-DRAWBRIDGE cession, i.e., with an interval of not over objections were filed to the above iden-
5 seconds between signals. The Broadway
OPERATION REGULATIONS Bridge shall be opened, however, for tilfled order. Accordingly, the amend-
Willamette River, Oregon Slough, oceangoing vessels of 750 tons or over ments promulgated thereby became
Oreg. under the rule above whether the vessel effective August 23, 1971.
gives a single or double call signal. Firms affected by the order will be
This amendment changes the regula- allowed 30 days after publication hereof
tions for the drawbridges across the (Sec. 5, 28 Stat. 362, as aaihended, sec. 6(g) (2),
80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655(g) in the FEDERAL REGISTER to recall out-
Willamette River at Portland, Oreg., by 42);
revising the times and days on which the 49 CFR 1.46(c) (5), 33 CFR 1.05-1 (c) (4)) standing stocks of the affected drugs,
draws may remain closed. The bridges Effective date. This revision shall be- Certification of new stocks has been
affected are the Multnomah County come effective on November 15, 1971. discontinued.
highway bridges at Broadway, Burnside, Dated: September 28, 1971.
Morrison, and Hawthorne Streets and Dated: October 1, 1971.
the Union Pacific railroad bridge at R. E. HAMMOND, R,. E. DucooAl,
Glisan Street. This amendment was cir- Rear Admiral, U.S. CoastGuard, Acting Associate Commissioner
culated as a public notice dated July 21, Chief, Office of Operations. for Compliance.
1971, by the Commander, 13th Coast [MR Doc.71-14856 Filed 10-8-71;8:50 am] [IM Doc.71-14861 Flied 10-8-71:8:61 am]

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19695
PART 146a-CERTIFICATION OF PEN- tion with a container of a suitable and amending the antibiotic drug regulations
ICILLIN AND PENICILLIN-CONTAIN- harmless aqueous vehicle." to repeal provisions for certification of
Any person who will be adversely af- tyrothricin-triethanolamlne polypeptide
ING DRUGS fected by the removal of any uch drug cocoate condensate solution. The order
Combination Drugs Containing an from the market may file objections to amended Part 148r by revoking 148r.9.
Antibiotic With Probenecid this order, request a hearing, and show Pursuant to provisions of the Federal
reasonable grounds for the hearing. The Food, Drug, and Cosmetic Act (sees. 502,
In the FEDERAL REGISTER of August 18, statement of reasonable grounds and re- 507, 52 Stat. 1050-51, as amended, 59
1970 (35 F.R. 13158, DESr 50125) the quest for a hearing shall be submitted In Stat. 463, as amended; 21 U.S.C. 352,
Commissioner of Food and Drugs an- writing within 30 days after publication 357) and under authority delegated to
nounced the conclusions of the Food and hereof in the FEDERAL REGISTER, shall the Commissioner of Food and Drugs (21
Drug Administration following evalua- state the reasons why the antibiotic drug CFR 2.120), notice is given that no objec-
tion of reports received from the Ni- regulations should not be so amended. tions were filed to the above Identified
tional Academy of Sciences-National and shall include a well organized and order. Accordingly the amendment
Research Council, Drug Efficacy Study full factual analysis of the clinical and promulgated thereby became effective
Group, regarding the following prepara- other investigational data the objector September 1, 1971.
tion: Potassium Penicillin G with Pro- is prepared to prove in support of his
benecid marketed as Remanden-250 objections. Dated: September 28, 1971.
Tablets (NDA 50-125) by Merck, Sharp & A request for a hearing may not rest R. E. DUGGAN,
Dohme, Division of Merck & Co., Inc., upon mere allegations or denials, but Acting Associate Commissioner
West Point, Pa. 19486. must set forth specific facts showing that for Compliance.
The announcement gave notice that a genuine and substantial Issue of fact
the Food and Drug Administration con- requires a hearing. When It clearly ap- IFR Dcc.71-14862 Filed 10-8-71;8:51 am]
cluded that there is a lack of substantial pears from the data incorporated into
evidence, within the meaning of the Fed- or referred to by the objections and from Chapter Ill-Environmental Protection
eral Food, Drug, and Cosmetic Act, that the factual analysis in the request for a
this drug is effective as a fixed combina- hearing that no genuine issue of fact Agency
tion for its claimed indications. precludes the action taken by this order, PART 420-TOLERANCES AND EX-
The Commissioner announced his in- the Commissioner will enter an order EMPTIONS FROM TOLERANCES
tention to initiate proceedings to amend stating his findings and conclusions on
the antibiotic drug regulations where such data. FOR PESTICIDE CHEMICALS IN OR
necessary by revoking combination drugs If a hearing is requested and Justified ON RAW AGRICULTURAL COM-
of the kind described above from the list by the objections, the issues will be de- MODITIES
of drugs acceptable for certification. The fined and a hearing examiner named to
regulations involved describe the condi- conduct the hearing. The provisions of Dinitro-o-Cyclohexylphenol and its
tions for certification of other antibiotic- Subpart F of 21 CFR Part 2 shall apply Dicyciohexylamine Salt
probenecid preparations as well as of the to such hearing, except as modified by Correction
product mentioned above. These prepa- 21 CFR 146.1(f), and to Judicial review
rations were also implicated by the inaccord with section 701 (f) and (g) of In P.R. Doc. 71-14402 appearing on
Gommissioner's announcemient. the Federal Food, Drug, and Cosmetic page.19251 in the issue for Friday, Octo-
Interested persons who might be ad- Act. (35 F.R. 7250, May 8, 1970) ber 1, 1971. the reference to " 420.155"
versely affected by removal of this drug Objections and requests for a hearing In the third paragraph should read
from the market were invited to submit should be filed (preferably in quintupli- " 420.144".
within 30 days after publication of the cate) with the Hearing Clerk, Depart-
announcement in the FEDERAL REGISTER ment of Health, Education, and Welfare,
any pertinent data bearing on the pro-
posal to revoke provisions for certifica-"
Room 6-88, 5600 Fishers Lane, Rockvlle,
MD 20852. Received objections and re- Title 41-PUBLIC CONTRACTS
tion of such drugs. No data were received quests for a hearing may be seen in the
in response to the announcement. above office during regular business
hours, Monday through Friday.
AND PROPERTY MANAGEMENT
Accordingly, the Commissioner con- Chapter 3-Department of Health,
cludes (1) that the antibiotic drug re- Effective date. This order shall become
gulations should be amended to revoke effective 40 days after Its date of publi- Education, and Welfare
provision for certification of such anti- cation in the F.EDERAL REGIaSR. If ob- PART 3-4-SPECIAL TYPES AND
biotic drugs and (2) that all outstand- jections are filed, the effective date will METHODS OF PROCUREMENT
ing certificates heretofore issued for be extended as necessary for ruling
such drugs should be revoked. thereon. In so ruling, the Commissioner Subpart 3-4.56-Research Contracts
Therefore, pursuant to provisions of will specify another effective date and With Educational Institutions in the
the Federal Food, Drug, and Cosmetic how the outstanding stocks of the af- United States
Act (sees. 502, 507, 52 Stat. 1050-51, as fected drugs are to be handled.
amended, 59 Stat. 463, as amended; 21 On August 3,1971, a notice of proposed
(Sees. 502, 507._52 Stat. 1050-51, as amended,
U.S.C. 352, 357) and under authority rule making was published in the
59 Stat. 463, as amended; 21 U.S.C. 352. 357)
delegated: to the Commissioner (21 CFR Dated: September 30, 1971. FEonu REGISTER (36 F.R. 14270) stat-
2.120), Part 146a is amended as follows: ing that the Department of Health,
1. Section 146a.28 Crystalline peni- R. E. DUGGAN, Education, and Welfare was considering
cillin G oral suspension, crystalline Acting Associate Commissioner an amendment to 41 CFR Chapter 3 by
penicillin G sodium oral suspension, * for Compliance.
adding a new Subpart 3-4.56---Research
potassium penicillin G oral suspension [FR D=.71-14868 Filed 10-8-71;8:52 am] Contracts with Educational Institutions
is amended by deleting the words "pro- in the United States. The purpose of the
benecid and" from the first sentence in [DESI 118461 amendment is to establish Department
paragraph (a). policy on the review and direction re-
2. Section 146a.51 Buffered penicillin PART 148r-TYROTHRICIN
powder, penicillin powder with buffered, quirements for applicatiQn In certain re-
aqueousdiluent is amended: Confirmation of Order Revoking Pro- search contracts.
a. In paragraph (a) by deleting the visions for Certification of Tyro- Views and arguments respecting the
second sentence which reads: "If in- thricin and Triethanolamine Poly- proposed amendment were invited to be
tended for human use, it may contain peptide Cocoate Condensate submitted within 30 days following pub-
probenecid." Shampoo Solution lication of the notice in the FEDERAL
b. In paragraph (b) by revising the
last sentence to read: "Each immediate An order was published in the FEDERAL REGISTER. No comments were received
container may be packaged in combina- REGISTER of July 23, 1971 (36 FR. 13685), within the 30-day period allowed and the
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19696 RULES AND REGULATIONS
proposed amendment is hereby adopted specified in paragraphs (a), (b), and (c) Chapter 8-Veterans' Administration
without change. of this section, the contract should
clearly specify such additional or dif- PART 8-75-DELEGATIONS OF
(6 U.S.C. 301; 40 U.S.C. 486(c)) AUTHORITY
ferent requirements as necessary.
Effective date. This amendment shall
become effective 30 days after publica- 3-4.5602 Change or absence of the PART 8-95-LOAN GUARANTY AND
tion in the FEDERAL REGISTER. principal investigator or project VOCATIONAL REHABILITATION
leader.
Dated: October 4, 1971. AND EDUCATION PROGRAMS
(a) The decision as to whether the
N. B. HOUSTON, Department is interested in a proposed Miscellaneous Amendments
Deputy Assistant Secretary research contract is based, to a consid- Chapter 8 is amended as follows:
for Administration. erable extent, upon its evaluation of the 1. Section 8-75.201-11 Is revised to
proposed contractor's principal investi- read as follows:
1. The table of contents for Part 3-4 gator or project leader's knowledge of
is amended by adding new Subpart 3- the field and his capabilities to manage 8-75.201-11 Authority to purchage
4.56 as follows: the contract in an efficient and produc- narcotics and other controlled tlrtifg.
Subpart 3-4.56-Research Contracts With tive manner. Therefore, the Department (a) As current provisional Bureau of
Educational Institutions in the United States desires that the named principal inves- Narcotics and Dangerous Drugs (BNDD)
Sec. tigator or project leader be continuously registration of procurement personnel
3-4.5600 Scope of subpart. responsible for the conduct of the con- authorized to purchase narcotics and
3-4.5601 Changes in research methods, pro- tract and be closely involved with the re- other controlled drugs expires under the
cedures, objectives or phenomena search efforts. Controlled Substances Act of 1970, Pub-
under study. (b) Written prior approval of the lic Law 91-513, registration will be by
3-4.5602 Change or absence of the principal
Investigator or project leader. contracting officer is required by the con- station.
3-4.5603 Subcontracting or transferring the tractor to change the contractor's prin- (b) Authority to register with the
research effort. cipal investigator or project leader or to BNDD as an authorized agent of the
continue work under the contract with- Veterans' Administration to purchase
AUTHOITy: The provisions of this Subpart
3-4.56 issued under 5 U.S.C. 301; 40 U.S.C. out participation of the principal inves- narcotics and other controlled drug sub-
486(c). tigator or project leader for a period in stances Is delegated to:
excess of 3 continuous months. Any sub- (1) Director, VA Hospital.
2. New Subpart 3-4.56 is added as stantial reduction in the effort devoted (2) Director, VA Center,
follows: to the contract work by the contractor's (3) Director, VA Domiciliary.
Subpart 3-4.56--Research Contracts principal investigator or project leader (4) Director, VA Outpatient Clinic.
(5) Director, VA Regional Office,
With Educational Institutions of the also requires the prior written approval
of the contracting officer. If the con- Honolulu, Hawaii.
United States tracting officer determines that the re- (6) Manager, VA Marketing Center,
3-4.5600 Scope of subpart. duction of effort would be so substantial Hines, 11l.
as to impair the successful prosecution (c) Form BND-224, Application for
This subpart sets forth the Depart- of the contract, he may request a change Registration Under Controlled Sub-
ment's policy on review and direction of of principal investigator or project leader stances Act of 1970, will be prepared and
research contracts with educational in- suitable to the Department, or terminate submitted to the Registration Branch,
stitutions in the United States, and im- or appropriately modify the contract. Bureau of Narcotics and Dangerous
plements Part I, Attachment A, OMB Drugs, Department of Justice, Post Office
Circular No. A-101, establishing Govern- of (c) The provisions of paragraph (b)
this section also apply when the con- Box 28083, Central Station, Washington,
ment policy on review and direction of tract identifies coprincipal investigators DC 20005, through the appropriate Re-
the research effort under research or project leaders or otherwise includes gional Medical Director, for certification
projects. and identifies additional confractor per- as required In Item No. 6 of the form.
3-4.5601 Changes in research meth- sonnel considered essential to the con- The Manager, VA Marketing Center will
ods procedures, objectives or phe- duct of the proposed research contract. be certified by the Director, Supply
nomena under study. Service.
3-4.5603 Subcontracting or transfer- (d) The registrants, named in para-
(a) Review and direction require- ring the research effort. graph (b) of this section, %wIllexecute
ments for research contracts with educa- Form BND-231, Power of Attorney, to
The
tional institutions should, whenever pos- into a research Department's decision to enter
contract with an educa- designate authorized personnel to act for
sible, permit the principal investigator them in obtaining and executing order
to -change the methods and procedures tional institution is based in part upon form, Form BND-222c, for controlled
for conducting the research without ob- its evaluation of the principal invetiga-
substances listed In schedule I or IX of the
taining prior Government approval. Sig- tor(s) support
or project leader(s) as well as the
available to the contract from Act. Executed Form BND-231 will be
nificant changes in the methods or pro- the institution, such as facilities and mailed directly to the address shown in
cedures utilized by the contractor shall administrative assistance. paragraph (c) of this section. Subse-
be reported in subsequent technical negotiation of the contract, the During the
contract- quent changes resulting from personnel
reports. assignments will also be filed with that
(b) In the event the methodology or ing officer (contract negotiator) shall to office.
experiment is stated as a specific objec- the extent possible, obtain complete in-
tive of the contract, such stated objec- formation concerning the contractor's 2. In 8-75.201-13, paragraphs (a),
tives shall not be changed by the con- plans for subcontracting any portion of (c), and (e) are amended to read as
tractor without obtaining prior approval the research effort..None of the research follows:
from the contracting officer. effort shall be subcontracted or trans-
8-75.201-13 Vocational relabillitation
(c) The phenomenon or phenomena ferred to another organization without and education programs.
under study, i.e., the broad category of having been specifically set forth in the
research, shall not be changed by the contract, or without the prior approval (a) Except as stated In this section, the
contractor without obtaining prior ap- of the contracting officer. This does not authority to negotiate, award, and ad-
proval of the contracting officer. preclude the purchase of supplies, ma- minister contracts, purchase orders, and
(d) The degree of review or direction terials, equipment or general support other agreements for the expenditure of
exercised may vary from contract to con- services. None of the foregoing shall be funds for the vocational rehabilitation
tract depending upon the amount of de- construed to authorize transfer of a re- program is delegated to:
tail used in stating the objectives of the search contract or any interest therein, (1) Chief Benefits Director.
research effort. If the review or direction where prohibited by law. (2) Director, Compensation, Pension,
requirements are to differ from those [FR Doc.71-14842 Filed 10-8-71;8:48 am] and Education Service.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 1969-7

(3) Director, Regional Office.


(4) Director, VA Center. Title 45-PUBLIC WELFARE 1201.320 Definitions.
(a) As used in this subpart, all terms
(5) Director, Veterans Benefits Office not defined herein shall have the mean-
Chapter XII-Environmental
(Washington, D.C.). ing given them in the Clean Air Act (42
Protection Agency
U.S.C. 1857 f-I et seq.) and in 1201.1:
(c) The Chief Benefits Director, Direc- PART 1201-CONTROL OF AIR POL- (1) "Motor vehicle" means any self-
tor, Compensation, Pension, and Educa- LUTION FROM NEW MOTOR VEHI- propelled vehicle designed for use in the
tion Service, and Directors, Regional Of- CLES AND NEW MOTOR VEHICLE United States on the highways, other
fices and Centers (hospital and regional ENGINES than a vehicle designed or used for mil-
office) are delegated authority to execute itary field training, combat, or tactical
'contracts, agreements, or supplements Qualification of Low-Emission purposes.
thereto with educational institutions and Vehicles (2) "Inherently low-polluting vehicle"
other anroved agencies for the purpose means any low-emission vehicle which is
of providing services relative to the coun- On June 29, 1971, a notice of proposed powered by a propulsion system which
seling of persons eligible for vocational rule making was published (36 F-L does not require control devices, for ex-
rehabilitation or educational assistance 12240) setting forth the text of proposed haust emissions, external to the engine.
under title 38, United States Code. regulations relating to the Administra- 43) "Anticipated certification period!"
tor's determination of whether a vehicle means the 1-year period which begins
qualifies as a 'low-emsslon vehicle" 270 days after submission of a completed
(e) The contracting officers named in under section 212 of the Clean Air Act certfi'catlon avlicatlon to the Adminis-
paragraphs (a), (b), and (c) of this sec- (42 U.S.C. 1857f-1 et seq.) as amended trator."
tion may designate one or more of their by Public Law 91-604. Such regulations (4) "Model year" as used In this sub-
subordinates and authority is hereby were to be considered in conjunction with part shall have the same meaning as
delegated to such subordinates to nego-, regulations of the Low-Emission Vehicle that term has under section 202(b) (3)
tiate, award, and administer contracts, Certification Board (40 CF& Part 400). (A) (i) of the Clean Air Act.
purchase orders, and other agreements Comments were received pursuant to (5) "Light-duty motor vehicle" as
for the purposes stated in paragraphs the above notice and due consideration used in this subpart means a motor ve-
(a), (b), and (c) of this section. Designa- has been given to all relevant material hicle which may be a suitable substitute
tion of subordinates will be in writing by presented. The final regulations incor- for a class or model of light-duty motor
name or position title and will specifically porate appropriate amendments to the vehicles as defined at 1201.1(a) (5).
state the scope and limitations of the regulations as proposed.
contractual authority of each designee. Since the standards under these reg- 1201.321 Low-emission vehicle.
8-95.208 [Revoked] ulations are applicable to 1973 and 1974 (a) A "low-emission vehicle" for the
model year vehicles only, the deadline purpose of being certified as a suitable
3. Section 8-95.208, "Exclusion of Fed- for receipt of applications for certifica- substitute for any class or model of light-
eral admission taxes", is revoked. duty motor vehicles means any motor
tion has been changed to help insure
4. Section 8-95.209 is revised to read that the 1-year certification of a low- vehicle for which a completed certifica-
as follows: emission vehicle does not extend into the tion application has been filed in accord-
8-95.209 Records and reports. 1975 model year, when more stringent ance with 1201.322 and which-
standards are required for light-duty (1) Meets the most stringent crankcase
Contracts. agreements, or arrange- vehicles under section 202 of the Act. emission and fuel evaporative standards
ments will provide for the number and Standards applicable to 1975 and later which will apply under section 202 of the
frequency of reports, adequate financial model years will be promulgated as soon Clean Air Act during any part of the
records to support payment for each as *practicable. In addition, the regula- anticipated certification period to motor
trainee and maintenance of attendance tions delete the requirement that the ap- vehicles of that type; and
and progress records. Such records will plicant identify the class or model of (2) Produces exhaust emissions of (I)
be preserved for a period of 4 years fol- vehicles for which his vehicle is pro- hydrocarbons or carbon monoxide which
lowing the date of the last payment or a posed as a substitute. The regulations meet the emission standards applicable
longer period if requested by a repre- also provide for publication in the FrD- under section 202 of the Act to model
sentative of the General Accounting Of- ERAL REGISTER of receipt of an applica- year 1975 gasoline-fueled light-duty ve-
fice or the Veterans' Administration. tion for certification and make various hicles, or (i) oxides of nitrogen which
5. Section 8-95.211 is revised to read as minor changes. meet the emission standard applicable
follows: The amendments to Part 1201 set forth under section 202 to model year 1976
below are hereby adopted effective on gasoline-fueled light-duty vehicles; and
8-95.211 Information concerning cor- publication in the FEDERAL REGISTER (3) Does not exceed the following ex-
respondence courses. (10-9-71). haust emission standards:
Specific questions on correspondence (I) Hydrocarbons-3 grams per ve-
Dated: October 4, 1971. hicle mile;
courses as to the content of courses, WILLIAm D. RucxmiuAus, (i) Carbon monoxide-28 grams per
academic credit, and entrance require- Administrator. vehicle mile: and
ments for courses included in Veterans Part 1201 pf Chapter XII, TItle 45 of (Ill) Oxides of nitrogen-31 grams
Admilnitration contracts may be di- the Code of Federal Regulations is per vehicle mile; and
rected to the institutions offering the amended by adding a new Subpart S as (4) Emits no air pollutant other than
courses. follows: those pollutants which are emitted by
any class or model of motor vehicles for
(Sec. 205(c), 63 Stat. 389, as amended, 40 Subpart S-Low-Emission Vehicles which the applicant vehicle may be a
US.C. 484c); sec. 210(c), 72 Stat. 1114, 38 Sec. suitable substitute, unless the Adminis-
U.S.C. 210(c)) 1201.320 Definitions. trator determines that such other emis-
1201.321 Low-emission vehicle.
These regulations are effective Novem- 1201.322 Application for certification. sions will not contribute significantly to
ber 1, 1971. 1201.323 Test vehicle selection. air pollution which causes or contributes
1201.324 Data reporting. to the endangerment of public health or
Approved: October 4, 1971. 1201.325 Testing by the Administrator. welfare; and
By direction of the Administratr. 1201.326 Administrator's determination. (5) Does not significantly Increase the
1201.327 Postcertiflcation tesing. emissions of any air pollutant not sub-
ESEAL] FRED B. RHoDEs, Auraonrry: The provisions of this Subpart ject to an emission standard under sec-
Deputy Administrator. S Issued under sec. 212, 84 Stat. 1676, Public tion 202 of the Act by comparison to the
[FT'Do0.71-14850 Filed 10-8-71;8:49 am] Law 91-604. emissions of such pollutant by any class

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19698 RULES AND REGULATIONS

or model of motor vehicles for which the considered incomplete, unless all infor- vehicle Is an Inherently low-polluting
applicant vehicle may be a suitable mation required by the Administrator vehicle.
substitute. and the Low-Emission Vehicle Certifi- (d) If at any time after making an
(b) The applicable test procedures for cation Board has been submitted. affirmative determination under para-
determining compliance with the stand- (f) The Administrator shall, im- graph (a) of 'this section but prior to
ards established by paragraph (a) of this mediately upon receipt of a completed certification by the Board, the Admin-
section shall be those in effect under sec- application for certification under para- istrator obtains Information which
tion 202 of the Act for 1975 model year graph (c) of this section, publish in the demonstrates that the applicant vehicle
gasoline-fueled light-duty motor vehicles, FEDERAL REGISTER notice of receipt of the is not a low-emission vehicle, he may
except as provided in 1201.322(b). application, the name of the applicant, a revoke such determination. The Admin-
1201.322 Application for certification. brief description of the propulsion system istrator must Immediately thereafter no-
and fuel used by the applicant vehicle, tify the Board and publish in the I'D-
(a) Any person desiring certification and information concerning the method ERAL REGISTER notice of such revocation
of a test vehicle under section 212 of the by which the public may have access to and the reasons therefor.
Clean Air Act shall submit to the Admin- data relating to the emission character- 1201.327 Postcertification
istrator a nofice of intent to submit a istics of the applicant vehicle. tesling.
certification application with respect to The Administrator shall at the re-
such vehicle. The notice of intent shall 1201.323 Test vehicle selection. quest of the Board, test the emissions
contain a description of the vehicle, in- (a) The test vehicles covered by the from certified low-emission vehicles pur-
cluding the propulsion system and the application for certification shall be chased by the Federal Government. If
fuel used by it, and such other informa- divid3nd into engine families in accord- these tests show that the emission ex-
tion as the Administrator may request. ance with 1201.89(a) (2) unless the Ad- ceed the rates on which the Administra-
The Administrator will transmit a copy ministrator approves an alternative pro- tor based his determination under
of the notice of intent to the Low- cedure under 1201.322(b). 1201.326, the Administrgtor shall
Emission Vehicle Certification Board. (b) Except as the Administrator may notify the Board.
(b) As soon as practicable after re- require pursuant to 1201.322(b), the [F.R. Dce.71-14853 Filed 10-8-71;8:49 am]
ceipt of a notize of intent to submit a applicant shall test or cause to be tested
certification application for a vehicle, the two durability data vehicles of each en-
Administrator shall determine whether gine-system Combination and four emis-
the test procedures required under
1201.321(b) are applicable to that ve-
sion data vehicles of each engine family
described in the notice of intent. The test
Title 50-WILDLIFE AND
hicle. If he determines they are inappli-
cable, he shall, as soon as practicable
vehicles shall be selected by the Admin-
istrator upon receipt of the notice of in- FISHERIES
thereafter, prescribe test procedures for tent and after consultation with the Chapter I-Bureau of Sport Fisheries
determining whether such vehicle is a Board to determine the models or classes
low-emission vehicle, and, if necessary, and Wildlife, Fish and Wildlife
of vehicles for which the test vehicle
he shall establish emission standards may be a suitable substitute. Service, Department of the Interior
equivalent to those in effect under par- PART 28-PUBLIC ACCESS, USE, AND
agraph (a) of 1201.321. He shall also 1201.324 Data reporting.
select test vehicles in accordance with (a) All data on emission data and RECREATION
1201.323. durability data test vehicles shall be re- Hatchie National Wildlife Refuge,
(c) After completion of testing of all ported in accordance with 1201.53(a) Tenn.
test vehicles in accordance with appli- and 1201.91(d).
cable test procedures and with 1201.323, (b) For the purpose of this subpart The following special regulation Is
the person desiring certification shall 1201.91(e) shall not apply. Issued and is effective upon publication
submit to the Administrator a written In the FEDERAL REGISTrn (10-9-71). This
application signed by an authorized rep- 1201.325 Testing by the Administrator. special regulation provides access across
resentative of the applicant. The appli- The Administrator may require that and through certain portions of National
cation shall contain all emission data any one or more of the applicant's test Wildlife Refuges. These access routes are
from the tests of the emission and dura- vehicles be submitted to him, at such delineated on maps available at the
bility data test vehicles and all data re- place or places and at such time or times respective refuge office.
quired by the Board under 40 CFR 400.4, as he may designate for the purpose of 28.28 Special regulations, public ae-
relative to the following vehicle conducting emission tests. cess, use and recreation; for individ-
characteristics: ual wildlife refuge area3.
(1) Safety; 1201.326 Administrator's determina-
(2) Performance characteristics; tion. TEnmEssrr
(3) Reliability potential; (a) The Administrator shall, within HATCHIE IATIONAL WILDLIFE tEFU0ot
k4) Serviceability; 90 days after receipt of a completed ap-
(5) Fuel availability; plication for certification, determine A corridor open for the transportation
(6) Noise level; and whether the applicant vehicle is a low- of unloaded and encased firearms by
(7) Maintenance costs. emission vehicle. Such determination vehicle and boat during any and all legal
(d) Any certification application must shall be based upon an evaluation of the waterfowl hunting seasons as follows:
be filed prior to July 8, 1972, in order for data provided to the Administrator in The Public Use Boat Landing located
that vehicle to be eligible for certifica- the application for certification, any on the south bank of Hatchie River and
tion, except that the Administrator may, supporting information the Administra- immediately west of the Judge T. J.
after consultation with the Board, accept tor may obtain from the applicant, any Pearson Bridge on State Highway 76,
an application filed no later than De- relevant information obtained from the Haywood County, Tenn.
cember 31, 1972, if he determines that it public, and the results of any testing the This special regulation supplements
is likely that the Board will be able to Administrator may have conducted in the regulations governing transportation
make the determination required by 40 accordance with 1201.325. of firearms on National Wildlife Refuge
CFR 400.6 no later than April 2, 1973. (b) The Administrator shall, imme- areas generally which are set forth In
(e) In addition to the information re- diately upon. making the determination Code of Federal Regulations, Title 50,
quired under this section, and under 40 required in paragraph (a) of this sec- Part 28, and are effective until revoked.
CPR 400.4, the Administrator may re- tion, publish in the FEDERAL REGISTER
quire the applicant to submit any other notice of such determination and the C. EDWARD, CAnLSOu,
information which the Administrator reasons therefor. RegionalDirector,Bureau o1
deems necessary in determining whether (0) The Administrator may make any Sport Fisheriesand Wildlife.
the test vehicle is a low-emission vehicle. recommendation which he deems appro- OCTOBER 4, 1971.
The application for certification may be priate concerning whether any applicant [PR Doc.71-14832 Filed 10-8-71:8:47 am]

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 6
19699
Chapter ll-National Marine Fisheries Section 259.1 read as follows: type, general characteristics, costs, and
the amount of indebtedness to be paid,
Service, National Oceanic and At- 259.1 Application for Interim Agree- for vessels already, or to be, constructed.
mospheric Administration, Depart- ment.
acquired, or reconstructed, and the an-
ment of Commerce (a) General qualifications. To be eli- ticipated fishery and area of operation
gible to enter into an Interim Capital of such vessels.
SUBCHAPTER F--AID TO FISHERIES
Construction Fund Agreement (Interim (5) A financial statement (indicating
PART 259-CAPITAL CONSTRUCTION Agreement) an applicant must: the nature of all costs of operation and
FUND (1) Be a citizen of the United States sources of vessel income) for the past
as defined in subsection 905(c) of the 4 years of each agreement vessel's op-
Application for Interim Agreements Merchant Marine Act, 1936. as amended eration or, if not owned or leased for at
The Merchant Marine Act, 1936, as (Act); least such period, then for such lesser
amended by the Merchant Marine Act of (2) Own or lease one or more eligible period as the vessel has been owned or
1976 (Public Law 91-469), provides under vessels operating in the fisheries of the leased.
section 607 that citizens of the United United States and earning a significant
income from catching, processing, or (6) Subparagraphs (4) and (5) of this
States may enter into agreements with transporting fish, shellfish, or other living paragraph appear to involve commer-
the Secretary of Commerce with respect marine resources for commercial pur- cial and financial information normally
to certain tax benefits on moneys de- poses such as marketing or processing considered privileged or confidential
posited in a Capital Construction Fund and not customarily made public by a
for the purpose of replacing, adding, or the catch; businessman. A specific written request
(3) Have a program for the acquisi-
reconstructing vessels for operation in, tion, construction, or reconstruction of must accompany the application if the
among other things, the fisheries of one or more qualified vessels. Reconstruc- Applicant wishes this information to be
the United States. This function, inso- tion shall mean a rebuilding of the huill withheld from disclosure. The Admin-
far as it concerns vessels for operation or hull and engine of such magnitude istrator, National Oceanic and Atmo-
in the fisheries of the United States, that the actual cost Is more than 30 per- spheric Administration, will endeavor to
has been delegated to the Administra- cent of the replacement value of each respect such request.
tor, National Oceanic and Atmospheric vessel reconstructed. (7) The name and address of each
Administration. (b) Content of application. Parties depository in which the assets of a Cap-
The purpose of this notice is to pub- seeking -anInterim Agreement may make ital Construction Fund will be deposited.
lish the final form of Interim Capital application by letter providing the fol- (c) Suffiency of application. The
Construction Fund Agreement to be used lowing information: .' sufficlency of any application shall be
for vessels for operation in the fisheries (1) Proof of U.S. citizenship; determined by the Administrator, Na-
of the United States, to' give instructions (2) The first taxable year for which tional Oceanic and Atmospheric Admin-
for making application to enter into such the Interim Agreement is to apply; istration, or his delegate.
an agreement, and to invite comments (3) The following information regard- (d) Filing.Letters of application must
about a form of permanent Capital Con- ing each "eligible vessel" or "qualified
struction Fund Agreement yet to be be signed and submitted to the National
vessel" owned or leased by an applicant Marine Fisheries Service, Finfancial As-
completed. The Interim, Capital Con- for operation in the fisheries of the
struction Fund Agreement is necessary sistance Division, 1801 North Moore
United States which Is to be designated Street, Arlington, VA 22209.
because the Administrator has not yet as an "agreement vessel" (i.e., to be in-
completed develbpment of the regula- corporated in Schedule A of the Interim E ective date. This regulation shall
tions which will govern the establishment Agreement) for the purpose of making be effective as of its date of publication
of a forni of permanent Capital Con- deposits into a Capital Construction in the F DERAL REGISTER (10-9-71).
struction Fund Agreement. Fund pursuant to section 607 of the Act: (Sec. 204.49 Stat. 1987, as amended; 46 U-S.C.
These regulations and the form of In- (I) Name of vessel, 1114: Public law 91-469, 84 Stat. 1018; sec.
terim Capital Construction Fund Agree- (ii) Type of vessel (i.e., catching vessel, 21(a). 84 StaL 1026)
ment are substantially similar to those processing vessel, transporting vessel),
which the Assistant Secretary of Com- (iii) General characteristic (i.e., net Dated: October 8,1971.
merce for Maritime Affairs published in tonnage, fish-carrying capacity, age, By Order of the Administrator, Na-
proposed form in the FEDERAL REGISTER length, type of fishing gear), tional Oceanic and Atmospheric Admin-
of April 6, 1971 (36 FR . 6519Y. Therefore, (iv) Whether owned or leas'ed and, if istration.
it was deemed unnecessary to invite pub- leased, the name of the owner, and a copy ROBERT M1. WErE,
lic comments on these interim regula- of the lease, Administrator.
tions. The Administrator, however, (v) Date and place of construction,
hereby invites interested parties to sub- ArPnDxx-Ir.-rrnu Crrr z.Cozsaucrxo2r
(vi) If reconstructed, date of redeliv-
mit written comments regarding the ery and place of reconstruction, Puino Acsnarurr
contents and form of the permanent (vii) Date last documented under the Agreement This Interim Capital Construction Fund
Capital Construction Fund Agreement (the "Agreement"), made on
laws of ,the United States for operation -197.. , by and between the Sec-
and related regulations. Such comments in the fisheries of the United States, retary of Commerce (the "Secretary") and
should be submitted, within 60 days fol- (viii) Fishery of operation (which in (the "Party"), a citizen of the
lowing the date of publication of this this section means each species or group United States.
document in the FEDERAL REGISrER, to the of species of fish, shellfish, or other living Witneath:
Director, National Marine Fisheries marine resources which each vessel Whereas:
Service, Room 3356, Interior Building, catches, processes, or transports for com- of 1.anThe Party has applied for establstent
Washington, D.C. 20235. Interim Capital Construction Fund
mercial purposes such as marketing or (the "Interim Fund") under section 6G7 of
Joint temporary regulations were pre- processing the catch), the Merchant Marine Act, 1936, for the pur-
viously issued by the Secretary of Com- (ix) Area of operation (which in this pose of providing replacement, additional, or
merce and the Secretary of the Treasury section means the general geographic reconstructed veels for operation in the
providing, essenitially, that a party may areas in which each vessel will catch, fisherle of the United States;
enter into a Capital Construction Fund process, or transport for commercial pur- 2. The Secretary after appropriate findings
Agreement for the taxable year 1970, poses each species or group of species 'if and determinations has authorized the award
-even though his income tax return has fish, shellfish, or other living marine of an Interim Capital Construction Fund
Agreement to the Party upon the terms and
been filed for that year, providing he does resources); conditions set forth in this Agreement and
so prior to January 1, 1972, or within 60 (4) The general objectives to be -subject to the provisions of the Merchant
days after the publication of final joint achieved by the accumulation of assets in Marine Act, 1936. as amended from time to
regulations if the latter is earlier.. a Capital Construction Fund (to be in- time (the "Act"), and to such rules and
regulations as the Secretary of Commerce or
The final form of the Interim Capital corporated in Schedule B of the Interim his delegate shall from time to time prescribe,
Construction Fund Agreement is at- Agreement) including, the Parties best either alone or jointly with the Secretary of
tachedas aiappendix tothis 259.1. estimate of, the anticipated number, the Treasury, as necessary to carry out the
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19700 RULES AND REGULATIONS
powers, duties, and functions vested in them a. Receipts (earnings) from the invest- degree of fishing effort to the existing fleet
by the Act (the "Rules and Regulations"). ment and reinvestment of amounts held in in any specific segment or segments of the
Now, therefore, in consideration of the the Interim Fund; and fisheries will be inconsistent with the vise
premises, it is hereby agreed: b. Except as shall be specifically exempted use of the fisheries rczourco Involved, and
I. Establishment of Interim Fund. An In- from deposit by the Secretary, net proceeds inconsistent with the development, advance-
terim Fund is hereby established for the pur- from (i) the sale or other disposition (in- ment, management, conservation, or protec-
poses set forth in Article III. During the term cluding any mortgage) of any agreement tion of that resource (the "Closcd Fishery").
of this Agreement deposits into and with- vessel, and (ii) any insurance or indemnity Prior to his making a final determination the
drawals from the Interim Fund shall be made attributable to any agreement vessel result- Secretary shall give notice of his intention
only in accordance with the provisions, con- ing from total loss whether such loss was to make such determination and afford an
ditions and requirements of the Act, this determined by compromise, constructively, cpportunity for hearing by publishing a pro-
Agreement, and the Rules and Regulations. or by agreement. posed regulation In the FEDERAL RrIsrsa
II. Term of the Agreement. This Agree- 2. In addition to the deposits required by establishing that qualified withdrawala may
ment shall terminate: section (A) (1) of this Article V, the Party not be made from the Interim Fund If such
A. Upon failure of the Party to make ap- may make deposits In any order and amount withdrawals would introduce a significant
plication for a permanent Capital Construc- but not in excess of the sum of: degree of additional fishing effort into the
tion Fund Agreement (the "Permanent a. One hundred percent of the taxable Closed Fishery. If, after notice and opportu-
Agreement") within sixty (60) days after income attributable to the operation of the nity for hearing, the Secretary malei a de-
notice in the FEDERAL REGISE that the final agreement vessels in the fisheries of the termination and gives notice thereof by
form of such Permanent Agreement and form United States; promulgating a regulation in the FVnonAL
of application, if any, have been adopted by b. The amount allowable as a deduction REGSmTE, the party affected thereby may:
the Secretary. under section 167 of the Internal Revenue 1. Make a qualified withdrawal In accord-
B. Upon denial by the Secretary of a Code of 1954 for such year with respect to ance with section (A) of this Article VI:
timely-filed application for a Permanent the agreement vessels; and Provided, That a degree of fishing effort
Agreement. c. Net proceeds not required to be de- substantially equivalent to any additional de-
C. By mutual consent. posited under section (A) (1) (b) of this gree of fishing effort to be introduced Into
D. Upon failure to execute a Permanent Article V from (i) the sale or other disposi- any Closed Fishery as a result of such quali-
Agreement within ninety (90) days after fied withdrawal Is psrmanently removed by
tion (including any mortgage) of any agree-
tender by the Secretary of such Agreement ment vessel, and (U) any insurance or in- such Party from all fishing effort in that
for execution by the Party. demnity attributable to any agreement Closed Fishery; or
E. At the option of the Secretary, upon vessel. 2. Amend Schedule B with the Sccretary'a
a determination pursuant to subsection (f) consent; or
(2) of section 607 of the Act that a Party has In no event may the deposits of taxable In- 3. Make a nonquallfied withdrawal in ac-
failed to fulfill a substantial obligation under come from agreement vessels for any tax- cordance with section (A) of this Article VI
this Agreement, or if the Party has made able year exceed 100 percent of the taxable in such manner as the Secretary determines
any material misrepresentation in connec- income of the Party for such year. Deposits to be equitable to the Party by allowing the
tion with this Agreement. may be made to the ordinary income, capital Party to withdraw all of the assets In the
F. Upon the execution by the Secretary gain, and capital accounts from any moneys Interim Fund, or specified portlons thereof,
and the Party of a Permanent Agreement. or funds of the Party, however, the Federal over a pariod of time: or
income tax treatment of any deposit shall 4. Cont!nue the Interim Fund, and all or
In the case of terminations occasioned by be that specified
under section 607 of the a portion of the .ssets In It: Provided, That
the events described in sections (A), (B), Act.
(C), (D), and (E) above, the provisions of the It appears to the Secretary that a qualified
B. Deposits which are determined by sub- withdrawal may at some later time be rea-
Internal Revenue Code of 1954 shall apply sequent
audit to exceed the limitations sonably expected to occur.
as though this Agreement had not been
stated in section (A) of this Article V may
executed. In the case of nonqualificd withdrawal in
If this Agreement is terminated by virtue be applied as deposits applicable to a subse- accordance with this Article VI, the provi-
quent taxable year either under this agree-
of the execution of a permanent agreement sions cf the Internal Revenue Code of 1064
ment or. an immediately succeeding Perma-
under (F) above, no interval shall be deemed nent Agreement. In the event that upon sub- shall apply as though this Agreement had not
to occur between the Interim and Permanent been executed with respect to the funds with-
sequent audit it Is determined that amounts
Agreement. The assets then on deposit in ihe drawn.
deposited In the Interim Fund for any tax-
Interim Fund, to the extent found necessary able year fall below the maximum limita- VII. Investment of the Interim Fund. In-
and appropriate by the Secretary for carry- tions stated in section (A) of this Article V, vestments shall be made In accordanco with
ing out the program set forth in the Perma- the following requirements and such addl-
additional deposits may be made applicable
nent Agreement, shall be transferred to the tional requirements as the Secretary may' by
to such taxable year.
corresponding accounts In the Permanent rulesmnd regulations prescribe from time to
C. Deposits may be made in the form of
Fund under the Permanent Agreement. time.
mortgages and evidences of indebtedness re-
III. Purposes of the Interim Fund. The ceived in A. The a~sets of the Interim Fund may be
Interim Fund established by this Agreement connection with transactions re-
ferred to in section (A) of this Article V. invested In obligations of the U,S, Govern-
shall be for the purposes of providing for D. With respect to any 'leased vessel ment or of any agency or Instrumentality
qualified withdrawals during the term of this covered by this Agreement, thereof, bankers" acceptances and negotiable
the maximum
Agreement (1) to provide for the replace- certificates of deposit which are readily mar-
amount which may be deposited by the
ment, addition, or reconstruction of qualified ketable and which are issued by membera of
Party for any taxable year may be increased
vessels In accordance with the general objec- the Federal Deposit Insurance Corporation
by the amount allowable to the owner as a
tives contained in Schedule B of this Agree- and the Federal Reserve System, and com-
deduction under section 167 of the Internal
ment; and/or (2) provide for the payment Revenue Code of 1954 that -the owner does mercial paper which is readily marketable
of the principal on indebtedness incurred in and of one of the two highest grade3 as rated
connection with the acquisition, construc- not deposit under an Agreement for that
year. Such deposits by the Party shall be by' Standard and Poor's Corp. All of the fore-
tion, or reconstruction of a qualified vessel; added to the amount in the capital account going investments shall mature not later
and (3) to provide for transfer to a Perma- as a deposit of depreciation. than 1 year from the date of their purchase,
nent Agreement of such amounts as may be B. No person shall buy on margin or effect
approved by the Secretary under Article II VI. Withdrawals from the Interim Fund.
A. Prior to making a withdrawal, or a related the short sale of any security when acting
of this Agreement. For the purpose of item for the account of the Interim Fund.
(2) in the preceding sentence, an eligible series of withdrawals, the Party must ob-
tain the consent of the Secretary, and, if re- C. Assets of the Interim Fund may not be
vessel may also be a qualified vessel. invested in securities of any of the following'
quired by the Secretary,
IV. Approved Depositories.All assets of the supplement Schedule B. A must amend and 1. The Party;
withdrawal made
Interim Fund shall be maintained in the for the purposes sepcified in Schedule 2. A subsidiary of the Party;
B of
following depositories: the Agreement, as so amended and supple- 3. A related company of the Party: or
(Insert the name of the depositories) mented, shall be treated as a "qualified with- 4. Any issuer under common control with
drawal" within the meaning of subsection the Party, or owning or controlling more than
V. Deposits to be made in the Interim 607(f)
Fund. A. In order to carry out the purposes of the Act except as otherwise pro- 10 percent of the Party's voting securities.
of section 607 of the Act as more specifically vided in section (B) of this Article VI. Any VIII. Pledges and Assignments Prohibited.
set forth In Schedule B of this Agreement, withdrawal which is not a qualified with- The Party covenants and agrees that, without
for each of the taxable years covered by this drawal shall be treated as a nonqualified the prior written consent of the Secretary,
withdrawal or a withdrawal pursuant to sub- neither the Party nor a trustee nor any other
Agreement;
section 607(), as the case may be. person shall pledge or assign all or any por-
1. The Party shall deposit in' any order all
amounts received from the following: B. The Secretary may from time to time tion of this Aereement. the Interim Fund, or
determine that the addition of a significant any assets in the Interim Fund.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


RULES AND REGULATIONS 19701
IX. Related Companies. Where affiliates, Secretary. The Party shall from time to time Interim Fund In accordance with Rules and
subsidiaries, holding companies or other per- establish and maintain such checks upon or Regulations 1ssued by the Secretary and for
sons related to the Party, directly or Indi- systems of control of expenditures or reve- purMo-0 of depo-At the effective date(s)
rectly, are involved in the financing, acquisi- nues in connection with the operation of the shall be as prescribed In Joint Rules and
tion, construction, or reconstruction of a agreement vessel(s) as the Secretary may Regulations Isued by the Secretary and the
qualified vessel, the Party shall make written require. Secretary of the Treasury.
application to the Secretary for approval of B. The Secretary Is hereby authorized to XIII. ModIfeation, Amendment and Ex-
the transaction not less than thirty (30) days examine and audit the books, records, and tension. This Agreement may be modified,
prior to the execution thereof. Withdrawals accounts of all persons referred to In cectlon amended. or extended by mutual consent.
with respect to such transactions before such (A) of this Article X whenever he may deem IV7. Miscellaneous Provisions.A. The use
approval is granted shall be treated as non- It necessary or desirable. of headnotes at the beginning of the Articles
qualified withdrawals unless otheiwise ap- XI, Warrantiesand Rcpresentations by the in this Agreement la for the purpose of
proved by the Secretary. Party.The Party hereby wa-rfnts, repre:ents, dmecription only and shall not be construed
X. Records and Reports. A. The Party and and agrees as follows: limiting or in any other manner affecting
every affiliate, domestic agent, subsidiary, or A. That the Party Is. and at all times dur- the subotance of the Articles themselves.
holding company connected with, or directly ing the period of this Agreement, will con- B. The "Secretary" shall mean the Secre-
cr indirectly controlling or controlled by, the tinue to be a citizen of the United State, t-iry of Commerce or any orcial or body
Party (1) shall keep its books, records, and within the meaning of subsection 905(c) of from time to time duly authorized to per-
accounts relating to the property and to the the Act; form the duties and functlons of the Secre-
maintenance, operation, and servicing of the B. That the Party owns or leases the eligi- tary of Commerce under the Act (including
vessel(s) and service(s) covered by this ble vessels, as that term is defined in sub- tho Administrator National Oceanic and
Agreement in such form and under such con- section 607(k) of the Act. set out in Schedule Atmospheric Atinistration, or his author-
ditions as may be prescribed by the Secretary, A of this Agreement; ized delegate).
but the Secretary shall not require the dupli- C. That the vessels referred to in Schedule In witnes whereof. the Secretary and the
cation of books, records, and accounts re- B of this Agreement: Party have executed this Agreement In dupli-
quired to be kept in some other form by the 1. Were, or will be, constructed or recon- cate. effective as of the date hereinbefore first
Secretary of the Treasury so long as such structed in the United States; mentioned.
information is made available to the Secre- 2. Were, or will be, documented under the
tary, and (2) shall file. upon notice from the laws of the United States for operation In UrrrzD STATzs or A rzC,
Secretary, balarce sheets, profit and loss the fisheries of the United States; and Sr CEARY oF CoMEC,
statements, and such other atatements of 3. Are, or will be, operated in the fisheries National Oceanic
finarcial operations, special reports, memo- of the United States and the areas of opera- and Atmospheric Administrator.
randa of facts and transactions, as in the tion specified in Schedule B.
opinion of-the Secretary reveal the financial D. That the Party will during the term of By---------- -.-.-......
results In the performance of, or transactions this Agreement comply with the provisions
or operations under, this Agreement. The Sec- of this Agreement, of the Act, and of the (SrAL)
retary reserves the right to require that all or Rules and Regulations. Attest: Party
any of such statements, reports and memo- XIM Effective Dates. This Agreement In
randa shall be certified by independent certi- binding upon execution and shall be effec-
fied public accountants acceptable to the tive for purposes of withdrawals from the tFR Doc.71-l4952 Filed 10-8-71;9:40 aml

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY OCTOBER 9, 1971


19702

Proposed Rule Making


DEPARTMENT OF THE TREASURY, quality and size requirements for such
fruits consistent with (1) the available
minimum size shall be permitted, which
tolerance shall be applied In accordance
Internal Revenue Service supply and the demand for such fruits; with the provisions for the application
and (2) improving returns to producers of tolerances specified In the U.S. Stand-
[26 CFR Part 1] pursuant to the declared policy of the ards for Florida Grapefruit;
INCOME TAX act. (3) Any seedless grapefruit, grown In
The regulatory proposals are as Regulation Area I, which do not grade at
Percentage Depletion; Gross Income follows: least U.S. No. 1;
From Property Other Than Oil and Gas 905.536 Orange Regulation 69. (4) Any seedless grapefruit, grown In
Regulation Area II, which do not grade
Correction (a) Order. During the period Octo- at least Improved No. 2; or
In P.R. Doc. 71-14344 appearing at ber 18, 1971, through October 1, 1972, (5) Any seedless grapefruit, grown In
page 19256 in the issue of Friday, Octo- no handler shall ship between the pro- the production area, which are smaller
ber 1, 1971, the following changes should duction area and any point outside there- than 3i; inches In diameter, except that
be made: of in the continental United States, a tolerance of 10 percent by count, of
1. In 1.613-4(d) (4) (ii), the formula Canada, or Mexico: seedless grapefruit smaller than such
should read as follows: (1) Any oranges, except Navel, Tem- minimum size shall be permitted, which
Mining Costs ple, Murcott Honey oranges, and Valen- tolerance shall be applied In accordance
cia, Lue Gim Gong and similar late with the provisions for the application
Total Cosis x Gross Sales maturing oranges of the Valencia type,
= Gross Income from Mining. of tolerances specificd in the U.S. Stand-
grown in the production area, which do ards for Florida Grapfruit.
2. In 1.613-4(d) (4) (v) (a), the ref- not grade at least U.S. No. 1;
erence "in this subdivision" should read (2) Any oranges, except -Navel, Tem- 905.537 Tangerine Regulation 42.
"in this subparagraph". ple, Murcott Honey oranges, and Valen- (a) Order. During the period Octo-
cia, Lue Gim Gong and similar late ber 18, 1971, through October 1, 1972, no
maturing oranges of the Valencia type, handler shall ship between the produc-
grown in the production area, which are
DEPARTMENT OF AGRICULTURE of - size smaller. than 21io inches in diam-
tion area and any point outside thereof
in the continental United States, Canada,
Consumer and Marketing Service eter, except that a tolerance of 10 per- or Mexico:
cent, by count, of oranges smaller than (1) Any tangerines, growm in the pro-
[7 CPR Part 9051 such minimum diameter shall be per- duction area, which do not grade at least
mitted, which tolerance shall be applied U.S. No. 1; or
[7 CFR Part 905] in accordance with the provisions for thle (2) Any tangerines, grown In the pro-
ORANGES, GRAPEFRUIT, TANGER- application of tolerances specified in the duction area, which are of a size smaller
INES, AND TANGELOS GROWN IN U.S. Standards for Florida Oranges and than 2Yjo inches in diameter, except that
Tangelos: Provided,That in determining a tolerance of 10 percent, by count, of
FLORIDA the percentage of oranges in any lot tangerines smaller than such minimum
Proposed Grade and Size Limitations which are smaller than 2iG inches in diameter shall be permitted, which toler-
diameter, such percentage shall be based ance shall be applied In accordance with
Consideration is being given to the only on those oranges in such lot which the provisions for the application of
following proposals submitted by the are of a size 2'io inches in diameter or tolerances specified In the U.S. Stand-
Growers Administrative Committee, es- smaller; ards for Florida Tangerines.
tablished under the marketing agree- (3) Any Navel oranges, grown in the
ment, as amended, and Order No. 905, as 905.538 Tangelo Regulation 42.
production area, which do not grade at
amended (7 CFR Part 905), regulating least U.S. No. 1 Golden; or (a) Order. During the period begin-
the handling of oranges, grapefruit, (4) Any Navel oranges, grown in the ning October 18, 1971, through October
tangerines, and tangelos grown in lor- production area, which are of a size 1, 1972, no handler shall ship between
ida effective under the applicable provi- smaller than 25ik inches in diameter, ex- the production area and any point out-
sions of the Agricultural Marketing cept that a tolerance of 10 percent, by side thereof In the continental United
Agreement Act of 1937, as amended (7 count, of oranges smaller than such mini- States, Canada, or Mexico:
U.S.C. 601-674). The proposals would mum diameter ihall be permitted, which (1) Any tangelos, grown In the pro-
extend current grade and size limita- tolerance shall be applied in accordance duction area, which do not grade at least
tions, for the period October 18, 1971, with the provisions for the application of U.S. No. 1; or
through October 1, 1972, applicable to tolerances specified in the U.S. Standards (2) Any tangelos, grown In the pro-
oranges, including Navel, but not in- for Florida Oranges and Tangelos. duction area, which are of a size smaller
cluding Temple, Murcott Honey, and than 2wio inches In diameter, except that
Valencia, Lue Gim Gong, and similar late 905.535 Grapefruit Regulation 71. a tolerance of 10 percent, by count, of
maturing oranges of the Valencia type, (a) Order. During the period Octo- tangelos smaller than such minimum
grapefruit, tangerines, and tangelos ber 18, 1971, through October 1, 1972, diameter shall be permitted, which toler-
handled between the production area and no handier shall ship between the pro- ance shall be applied In accordance with
any point outside thereof in the con- duction area and any point outside the provisions for the application of
tinental United States, Canada, or Mex- thereof in the continental United States, tolerances specified in the U.S. Stand-
ico; and oranges (except Navel, Temple, Canada, or Mexico: ards for Florida Oranges and Tangelos,
and Murcott Honey oranges), grapefruit, (1) Any seeded grapefruit, grown in 905.539 Export Regulation 20.
and tangelos handled to any destination the production area, which do not grade
outside the continental United States, (a) Order. During the period October
other than to Canada or Mexico. at least U.S. No. 1; 18, 1971, through October 1, 1972, no
(2) Any seeded grapefruit, grown in handler shall ship to any destination
The proposed grade and size limita- the production area, which are smaller
tions, for the specific varieties of oranges, outside the continental United States,
grapefruit, tangerines, and tangelos are than 31ic inches in diameter, except that other than to Canada or Mexico:,
designed to continue in effect the current a tolerance of 10 percent, by count, of (1),Any oranges, other than Navel,
seeded grapefruit smaller than such Temple, and Murcott Honey oranges,

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


PROPOSED RULE MAKING 19703

during business hours, Monday through


grown
not in the
grade production
at least U.S. No. area,
1; which do DEPARTMENT OF HEALTh, Friday.
(2) Any grapefruit, grown in the pro- ,
duction area, which do not grade at least
-Improved No. 2;
EDUCATI O ,NAND WELFARE Dated: September 28. 1971.
VIoL 0. WODICHA,
Food and Drug Administration Director,Bureau of Foods.
(3) Any tangelos, grown in the pro-
duction area, which do not grade at least IFR Doc.71-14863 Filed 10-8-71:8:51 am]
U.S. No. 1; [21 CFR Part 19 ]
(4) Any oranges, except Navel, Ten- CHEESE PRODUCT IDENTITY
ple, and Murcott Honey oranges, grown [ 21 CFR Part 295 ]
in the production area, which are of a STANDARDS
CHILD PROTEC[ION PACKAGING
size smaller than 2 116 inches in diameter, Proposed Listing of Anhydrous Milkfat STANDARDS FOR PREPARATIONS
except that a tolerance of 10 percent, by and Dehydrated Cream as Optional
count, of oranges smaller than such CONTAINING ASPIRIN
minimum diameter shall be permitted, Ingredients
Extension of Time for Filing Comments
which tolerance shall be applied in ac- Notice is given that a petition has been
cordance with the provisions for the ap- filed by the National Cheese Institute, The notice published in the FEDERAL
plication of tolerances specified in the Inc., 110 North Franklin Street, Chicago, RsoxsTER of September 1, 1971 (36 F-R.
amended U.S. Standards for Florida 111.60606, proposing that standards of 17512), proposing packaging standards
Oranges and Tangelos; identity for pasteurized process cheese, for preparations containing aspirin, pro-
(5) Any grapefruit, grown in the pro- pasteurized process cheese food, pasteur- vided for the filing of comments within
duction area, which are of a size smaller ized process cheese spread, pasteurized 30 days after said date.
than 3Mr, inches in diameter, except that neufchatel cheese spread with other The Commissioner of Food and Drugs
a tolerance of 10 percent, by count, of foods and cold-pack cheese focd (21 CFR has received a request to extend such
grapefruit smaller than such minimum 19.750, 19.765, 19.775, 19.783, and 19.787) time and, good reason therefor appear-
diameter shall be permitted which toler- be amended to permit optional use of Ing, the time for iling comments regard-
ance shall be applied in accordance with "anhydrous milkfat and dehydrated cream ing the subject proposal is extended to
the provisions for the application of as ingredients. October 31, 1971.
tolerances specified in the revised U.S. In the pasteurized process cheese This action is taken pursuant to pro-
Standards for Florida Grapefruit; - standard the proposed ingredients would visions ofthe Poison Prevention Packag-
(6) Any tangelos, grown in the pro- be listed with cream in 19.750(d) (2), Ing Act of 1970 (secs. 2(4),3, 5, 84 Stat.
duction area, which are of a size smaller and the limitation now found in that 1670-72; 15 U.S.C. 1471-74), and under
.than 23icinches in diameter, except that section on quantity of cream used would authority delegated to the Commissioner
a tolerance of 10 percent, by count, of apply to all three dairy ingredients, (21 CFR 2.10).
tabgelos smaller than such minimum singlely or in combination. In the other
diameter shall be permitted, which toler- affected standards, the two new Ingredi- Dated: September 30, 1971.
ance shall be applied in accordance with ents would be added to listings of optional R. E. DuccAx,
'the provisions for the application of dairy ingredients found in 19.765fd), Acting Associate Commissioner
tolerances specified in said amended U.S.- 19.775(d), 19.783(b) (5), and 19.787(d). for Compliance.
Standards for Florida Oranges and The petitioner recognizes that, due to [FR Doc.71-14864 Filed 10-8-71;8:51 am]
Tangelos; or cross-referencing, adoption of the pro-
(7) Terms used in the amended mar- posed amendments to 19.750 would in
keting agreement -and order rill, when effect amend 19.751, 19.755, 19.760, and
used herein, have the same meaning -s 19.763; adoption of the proposed amend-
is given to the respective term in said ment to 19.765 would in effeet amend
DEPARTMENT OF HOUSING AND
amended marketing agreement and 19.770; adoption of the proposed
order; and terms relating to grade and amendment to 19.775 would in effect
URBAN DEVELOPMENT
diameter, as used in proposed 905.535 amend 19.776, 19.780, and 19.781; and Federal Housing Administration
through 905.539, shall have the same adoption of the proposed amendment to [24 CFR Part 203 1
meaning as is given to the respective 19.787 would in effect amend 19.788.
terms in the following U.S. standards, as [Dccket No.R-71-146]
applicable: U.S. Standards for Florida Grounds givenmn support of the pro-
small APPROVAL OF MORTGAGEES
Oranges and Tangelos ( 51.1140- posal are (1) that addition of
51.1178 of this title), the revised U.S. amounts of milkfat is sometimes required Notice of Proposed Rule Making
Standards for Florida Grapefruit to adjust the fat content of process
( 51.750-51.783 of this title), or the cheese products, and (2) that dehydrated The Department proposes to amend
U.S. Standards for Florida Tangerines cream and anhydrous mlkfataddition. are con- 203.7 Withdrawal of approval,of Chap-
( 51.1810-51.1834 of this title). veient forms of fat for such ter 3I of Title 24 of the Code of Federal
All persons who desire to submit writ- - Pursuant to provisions of the Federal Regulations by adding a new cause for
ten data, views, or arguments in connec- Food, Drug, and Cosmetic Act (secs. 401, withdrawal of approval of mortgagees
tion with the aforesaid proposals should 701, 52 Stat. 1046. 1055, as amended by who have been approved for holding and
file the same in quadruplicate, with the 70 Stat. 919 and 72 Stat. 948; 21 US.C. servicing mortgages insured by this De-
Hearing Clerk, U.S. Department of Agri- 341, 371) and in accordance with author- partment under the National Housing
culture, Room 112A, Washington, D.C. ity delegated to the Commissioner of Act. The proposed new cause for with-
20250, not later than the fifth day after Food and Drugs (21 CFR 2.120), inter- drawal of approval would be the payment
the publication of this notice in the FED- ested persons are invited to submit their of a fee by a mortgagee to a real estate
ERAL REGISTER All written submissions views in writing (preferably in quintupli- agent or agency or other person or firm
made pursuant to this notice will be cate) regarding this proposal within 60 as compensation for placing a loan with
nade available for public inspection at days after its date of publication in the the mortgagee.
the Office of the Hearing Clerk during FEDERAL REGISTER. Such views and com- All Interested persons are invited to
regular business hours (7 CFR 1.27(b)). -ments should be addressed to the Hear- submit written comments or suggestions
Dated: October 1, 1971. ing Clerk, Department of Health, Edu- In triplicate with respect to this proposal
PAUL A. NICHoLSoN, cation, and Welfare, Room 6-88. 5600 on or before November 8, 1971, addressed
Deputy Director, Fruit and Fishers Lane, Rockvllle, Aid. 20852, and to the Rules Docket Clerk, Office of Gen-
VegetableDivision, Consumer, may be accompanied by a memorandum eral Counsel, Room 10256, Department of
and Marketing Service. or brief in support thereof. Comments Housing and Urban Development. 451
[FR Doc.7.i-14929 Filed 1o-7-71;12:35 pml received may be seen in the above office Seventh Street SW., Washington, DC

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19704 PROPOSED RULE MAKING

20410. All relevant material will be con- April 30 the draws will open on signal if tions that would alter control zones and
sidered before adoption of a final rule. A at least 24 hours' notice has been given. a control area at EglIn AFB, Fla.
copy of each communication will be There would be no change in the existing Interested persons may participate in
available for public inspection during regulation of the Route 3A bridge. the proposed rule making by submitting
regular business hours at the above Interested persons may participate in such written data, views, or arguments
address. this proposed rule making by submitting as they may desire. Communications
The proposed amendment to 203.7, written data, views, or arguments to the should identify the airspace docket num-
Part 203, which would add a new para- Commander (oan), First Coast Guard ber and be submitted in triplicate to the
graph (a)(6) and renumber present para- District, J. F. Kennedy Federal Building. Director, Southern Relon, Attention,
graph (a)(6)as (a)(7), is set out in full Government Center. Boston, Mass. 02203. Chief, Air Traffic Division, Federal Avia-
below. Each nerson submitting comments should tion Administration, Post Office Box
203.7 Withdrawal of approval. include his name and address, identify 20636, Atlanta, GA 30320. All communi-
the bridge, and give reasons for any rec- cations received wIthin 30 days after
(a) Approval of a mortgagee may be ommended change in the proposal. Copies publication of this notice In the 1'nonItA1,
withdrawn at any time by notice from of all written communication,; received REGISTER will be considered before ac-
the Commissioner, by reason of: will be available for examination by in- tion is taken on the proposed amend-
terested persons at the office of the Com- ments. The proposals contained In this
(6) The payment of any fee, kickback, m-nder, First Co.,st Guard District. notice may be changed In the light of
or other consideration, directly or indi- The Commnnder, First Coast Guard comments received.
rectly, in connection with any insured District, will forward any comments re- An official docket will be available for
mortgage transaction or transactions to ceived before November 16, 1971, with his examination by Interested persons at the
any person (including an escrow agent, recommendations to the Chief. Office of Federal Aviation Administration, Office
title company, consultant, mortgage Marine Environment and Systems, who of the General Counsel, Attention: Rules
broker, seller, builder, or real estate will evalute all communications received Docket, 800 Independence Avenue SW.,
agent) if such person has received any and take final action on this proposal. Washington, DC 20590. An Informal
other payment or other consideration The proposed regulations may be docket also will be available for examina-
from the mortgagor. the seller, the changed in the light of. comments tion at the office of the Regional Air
builder, or any other person for services received. Traffic Division Chief.
related to such transaction or transac- In consider'tion of the foregoing, it is As parts of these propqsals relate to
tions or from or related to the purchase proposed that Part 117 of Title 33 of the the navigable airspace outside the United
or sale of the mortgaged property. Code of Federal Regulations be amended States, this notice Is submitted In con-
(7) Such other reason as the Com- by revising 117.77 to read as'follows: sonance with the ICAO International
missioner determines to be justified. 117.77 North River, Mass.; bridges at Standards and Recommended Practices,
Route 3A and Union Street. ,Applicability of International Stand-
ards and Recommended Practices by the
Issued at Washington, D.C., October 7, (a) From May 1 through October 31 Air Traffic Service, FAA, In areas outside
1971, pursuant to sections 203 and 211, the draws shall open on signal if at least domestic airspace of the United States
52 Stat. 10, 23; 12 U.S.C. 1709, 1715b. 4 hours' notice has been given. is governed by Article 12 of and Annex
EUGENE A. GUi LEDGE, (b) From November 1 through April 30 11 to the Convention on International
Assistant Secretary-Commissioner. the draws shall open on signal if at least Civil Aviation, which pertain to the
24 hours' notice has been given. establishment of air navigation facilities
[FR Dcc.71-14951 Filed 10-Q-71;8:53 am] (c) The owner of or agency controlling and services necessary to promoting the
each bridge shall post a notice of the con- safe, orderly and expeditious flow of
tents of this section in such a manner civil air traffic. Their purpose Is to In-
DEPARTMENT OF that it can be easily read from an ap-
proaching vessel, on both the upstream
sure that civil flying on International air
routes Is carried out under uniform con-
and dovstream sides of the bridges. ditions designed to Improve the safety
TRANSPORTATION This notice shall state how advance no- and efficiency of air operations.
Coast Guard tice should be given. The International Standards and Rec-
(d) The operating machinery of the ommended Practices In Annex 11 apply
[33 CFR Part 117] draws shall be maintained in serviceable in those parts of the airspace under the
condition, and the draws opened and jurisdiction of a contracting state, de-
[CGFR 71-47a1
closed at least every 3 months to make rived from ICAO, wherein air trafflo
NORTH RIVER, MASS. certain that the machinery will function services are provided and also whenever
properly for satisfactory oneration. a contracting state accepts the respon-
Supplemental Proposed Drawbridge (See. 5, 28 Stat. 362 a, amended. sec 6(g) sibility of providing air traffic services
Operations (2). 80 Stat. 9.7: 33 U.S.C. 499. 49 U.S.C. over high seas or in airspace of undeter-
On June 4, 1971, the Commander, First 1655(g) (2); 49 CFR 1.46(c) (5), 33 CFR 1.05- mined sovereignty. A contracting state
I (c) (4)) accepting such responsibility may apply
Coast Guard District circulated a public
notice requesting comments on a pro- Dated: October 6, 1971. the International Standards and Recom-
posal to amend the regulations governing mended Practices to civil aircraft in a
H. D. MUTH, manner consistent with that adopted for
the Route 3A bridge across the North Captain,U.S. Coast Guard,Act-
River to allow the drawbridge to be airspace under Its domestic jurisdiction.
ing Chief, Office of Marine In accordance with Article 3 of the
permanently maintained in the closed Environment and Systems.,
position. This notice was also published Convention on International Civil Avia-
as a notice of proposed rule making in IFR Doc.71-14855 Filed 10-8-71;8:50 am] tion, Chicago, 1944, state aircraft are
the FEDERAL REGISTER on June 3, 1971 (36 exempt from the provisions of Annex
F.R. 10799). 11 and Its Standards and Recommended
Federal Aviation Administration Practices. As a contracting state, the
As a result of the comments received United States agreed by Article 3(d) that
the proposal is being reconsidered and [14 CFR Part 71 ] its state aircraft will be operated In In-
the draw of the Union Street bridge [Airspace Docket No. 71-SO-94] ternational airspace with due regard for
which is presently required to open on the safety of civil aircraft.
signal is being included in the proposal. CONTROL ZONES AND CONTROL Since these actions Involve, In part, the
It is now proposed to revise the regula- AREA designation of navigable airspace outside
tions to provide that from May 1 through the United States, the Administrator has
October 31 the draws of both the Route Proposed Alteration
consulted with the Secretary of State
3A and Union Street bridges shall open The Federal Aviation Administration and the Secretary of Defense in accord-
on signal if at least 4 hours notice has (FAA) is considering amendments to ance with the provisions of Executive
been given. From November 1 through Part 71 of the Federal Aviation Regula- Order 10854.
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
PROPOSED RULE MAKING 19705
The Federal Aviation Administration of the Federal Aviation Regulations that Since this action involves, In part, the
proposes the following airspace actions: would extend the Monterey, Calif., Tran- designation of navigable airspace outside
I. Redesignate the Eglin AFB, Fla., sition Area westward to Include the un- the United States, the Administrator has
control zone as that airspace within a 5- controlled a'rspace east of the Pacific consulted with the Secretary of State
mile radius of Eglin AFB (at. 3029'07" Coastal Air Defense Identification Zone and Secretary of Defense in accordance
N., long. 86'31'35" W.); within 5 miles (ADIZ). with the provisions of Executive Order
each side of the ILS localizer southeast Interested persons may participate in 10854.
course, extending from the 5-mile-radius the proposed rule making by submitting The proposed additional transition
zone to 18.5 miles southeast of the LMN; such written data, views, or arguments area would be used for parallel vectors
within a 3-mile radius of Destin-Fort as they may desire. Communications in sequencing San Francisco, Calif., and
Walton Beach Airport (lat. 3023'57" N., should identify the airspace docket num- Oakland, Calif., arrivals, also to facili-
long. 8628'47" W.); within 2 miles each ber and be submitted in triplicate to tate handling of departures and arrivals
side of the extended centerline of Run- the Director, Western Region, Attention: r.t the Monterey Peninsula Airport, Mon-
ways 14/32, extending from the 3-mile- Chief, Air Traffic Division, Federal Avia- terey. Calif.
radius zone to 4 miles southeast of the tion Administration, 5651 West Manches- If this action is taken, the 1,200 feet
airport. - ter Avenue, Post Office Box 92007, World- portion of the Monterey, Calif., Transi-
2. Redesignate the Eglin AF Aux No. 9 way Postal Center. Los Angeles, CA 90009. tion Area would be amended to read as
(Hurlburt Field), Fla., control zone as All communications Teceived within 30 follows:
that airspace within a 5-mile radius of days after publication of this notice n the That airspace extending upward
FEDERAL REGISTER will be considered be- from 1,200
Eglin AF Aux No. 9 (Hurlburt Field) feet above the surface bounded by a line be-
(lat. 3025'42" N., long. 8641'05" W.) ; fore action is taken on the proposed ginning at latitude 3705'00" N., longitude
within 2 miles each side of Eglin VOR amendment. The proposal contained In 122"43"15" W.. thence to latitude 3708'45"
285 radial, extending from the 5-mile- *this notice may be changed 'n the light N., longtltude 12234"45 " W., thence south-
radius zone to 1 mile west of the VOR; of comments received. east via V-27 to latitude 37'OOO" N., thence
excluding the portion within Eglin APB An official docket will be available for t3 latitude 3700'00" N., longitude 12129'-
control zone. examination by interested persons at the 30" V., thence to latitude 36023'00" N., longi-
3. Alter Eglin AF Aux No. 3 (Duke Federal Aviation Administration, offce tude 121"03'00" W., thence to latitude
Field), FIL, control zone by providing in of the General Counsel, Attention: Rules 36*03'30" N_.longitude 12129'00" VT., thence
southeast via V-27 to longitude 121*03"00"
its descriptions updated geographical Docket, 800 Indeuendence Avenue SW.. W.. thence to latitude 35130'00" N., longi-
coordinates for Duke Field and the Bob Washington, DC 20590. An Informal tude 121-0320'" W., thence to latitude
Sikes Airport. docket also will be available for exami- 35'30'00' IT., longitude 121=37'00 W. thence
4. Redesignate the Eglin AFB, Fla., nation at the office of the Regional Air to the point of beginning.
transition area as that airspace extend- Traffic Division Chief. (See. 307(a). 1110. Federal Aviation Act of
ing upward from 700 feet above the As parts of this proposal relate to the 1958. 49 U.S.C. 1348(a), 1510; Executive Or-
surface within a 9-mile radius of Eglin navigable airspace outside the United der 10854, 24 F.R. 9565: cec. 6(c), Department
APB (lat. 3029'07" N., long. 8631'35" States, this notice is submitted in con- of Transportation Act, 49 U.S.C. 1655(c))
W.), Eglin AF Aux No. 3 (Duke Field) sonance with the ICAO International Issued in Washington, D.C., on Octo-
(lat. 3039'01" N., long. 8631"25" W.) Standards and Recommended Practices. ber 1, 1971.
and Eglin AF Aux No. 9 (Hurlburt Field) Applicability of International Stand-
'' ards and Recommended Practices by the H. B. HrEsTRoxr,
(lat. 3025'42 N., long. 8641"05" W.); Chief Airspace and Air
within a.5-mile radius of Destin-Fort Air Traffic Service, FAA, in areas out-
side domestic airspace. of the United Traffic Rules Division.
Walton Beach Airport (lat. 3023'57" N.,
long. 8628'47"- W.) ; excluding the por- States is governed by Article 12 of and IFR Doc.71-14840 Filed 10-8--71;8:48 am]
tions within R-2909, W-151, Crestview, Annex 11 to the Convention on Interna-
Fia., transition area, and a 1.5-mile tional Civil Aviation, which pertain to the
establishment of air navigation facilities National Highway Traffic Safety
radius of Fort Walton Beach Airport (lat.
3024'25" N., long. 86'49140" W.). and services necessary to promoting the Administration
The proposed alterations are required safe, orderly and expeditious flow of
civil air traffic. Their purpose Is to Insure [ 49 CFR Part 571 ]
to provide controlled airspace protection [Docket No. 69-7; Notice 121
for IFR operations in the Eglin terminal that civil flying on international air
complex in accordance with Terminal routes is carried out under uniform con-
ditions designed to improve the safety OCCUPANT CRASH PROTECTION
Instrument Procedures (TERP's) and
current airspace criteria. and efficiency of air operations. Proposed Standards for Explosive
The International Standards and Rec- Materials and Pressure Vessels
These amendments are proposed under ommended Practices in Annex 11 apply
the authority of sections 307(a) and 1110 in those parts of the airspace under the The purpose of this notice is to pro-
of the Federal Aviation Act of 1958 (49 jurisdiction of a contracting state, de- pose an amendment to Motor Vehicle
U.S.C. 1348(a) and 1510), Executive rived from ICAO, wherein air traffic serv- Safety Standard No. 208, Occupant Crash
Order 10854 (24 F.R. 9565) and section ices are provided and also whenever a Protection, in 571.21 of Title 49, Code
6(c) of the Department of Transporta- contracting state accepts the responsi- of Federal Regulations, that will estab-
tion Act (49 U.S.C. 1655 (c)). -
bility of providing air traffic services over lish requirements for explosive devices
Issued in Washington, D.C., on Octo- high seas or in airspace of undetermined and pressure vessels used in occupant
ber 1, 1971. sovereignty. A contracting state accept- protection systems. The proposed
H. B. HELSTROM, ing such responsibility may apply the amendment responds to a petition sub-
Chief, Airspace and Air International Standards and Recom- mitted by General Motors after the is-
mended Practices to civil aircraft in a suance of the occupant crash protection
Traffic Rules Division. manner consistent with that adopted for standard on March 3, 1971 (36 P.R.
IFR Doc.71-14839 Filed 10-8-71;8:48 am] airspace under Its domestic jurisdiction. 4600).
In accordance with Article 3 of the Crash-activated devices, such as in-
[ 14 CFR Part 71 ] Convention on International Civil Avia- flatable cushions, presently being devel-
tion, Chicago, 1944, state aircraft are oped by several manufacturers as a
[Airspace Docket No. 71-WE-321 exempt from the provisions of Annex 11 means of meeting the passive protection
TRANSITION AREA and Its Standards and Recommended requirements of Standard No. 208 gen-
Practices. As a contracting state, the
Proposed Alteration United States agreed by Article 3(d) that erally utilize either small explosive de-
its state aircraft will be operated in vices or pressure vessels, or both, to de-
The Federal Aviation Administration international airspace with due regard ploy the systems. The shipment in inter-
is considering an amendment to Part 71 for the safety of civil aircraft. state'conimerce of explosive devices and

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19706 PROPOSED RULE MAKING,

compressed gases is governed by regu- design or performance of the items con- authority at 49 CFR 1.51 and 49 CM,
lations issued by the Hazardous Materials cerned, expressed as limitations on their 501.8.
Regulations Board (HIMRB) of the U.S. manufacture, shipment, or use, will be Issued on October 5, 1971.
Department of Transportation (49 CFR required under section 103(d) of the Act
Parts 170-189). These regulations in- to be identical to the Federal standard. RoiLrTT L. CAI11TER,
clude, inter alia, detailed requirements Standard No. 208 would also be Acting Associate Administrator,
with respect to the physical and chemical amended to apply these provisions to the Motor Vehicle Programs.
properties of the devices, their marking equipment manufacturers, as well as the (FRDoc.11-14882 Filed 10-8-.710:51 am)
and their packaging. , manufacturers of vehicles in which the
Because the automotive industry vir- equipment is included.
tually universally makes interstate ship- In light of the foregoing, it is pro-
ment of its products, it appears certain posed that Standard No. 208, 49 CFR
571.21, be amended as follows:
FEDERAL RESERVE SYSTEM
that any of these explosive and pressure [ 12 CFR Part 226 ]
devices used in motor vehicles will be re- 1. The -following section would be
quired to conform to the Federal regula- added: [meg. Z]
tions cited above. The regulations do not, S9. Explosive materials and pressure TRUTH IN LENDING
however, apply directly to manufactur- vessels. Any explosive materials or de-
ers, but rather to carriers and persons vices, and any vessels designed to contain Leap Year
who deliver materials for shipment by the a pressurized fluid or gas, that are used
carriers. It has been tentatively deter- 1. Pursuant to the authority contained
or intended for use in a motor vehicle in the Truth in Lending Act (15 US,C,.
mined that these devices, when used as as part of a system designed to provide
motor vehicle equipment, should be 1601 et seq., the Board of Goveinors
protection to occupants in the event of proposes to amend Part 226 (Regulation
brought within the enforcement scheme a crash, shall conform to all applicable
of the motor vehicle safety standards, in Z), in the manner and for the reasons
provisions of Parts 170 through 189 of set forth below:
order to place the responsibility directly this subtitle that relate to the physical
on the manufacturers who are best and chemical properties, the packaging, Amend 226.6 by the addition of a new
equipped to insure compliance. paragraph (1) to read as follows:
and the marking of those items.
In addition to the Federal regulations 2. S3. Application, would be amended 226.6 General disclosure rcquieennts.
concerning these explosive devices and to read as follows:
pressure vessels, there is presently a
large and varying body of State and local S3. Application. This standard applies (1) Leap year. Any variance In the
regulations controlling shipment and use to passenger cars, multipurpose passen- amount of any finance charge, payment,
within their areas of jurisdiction. As Is ger vehicles, trucks, and buses. In addi- percentage rate, or other term required
the case in other aspects of safety regula- tion, S9,Explosive materialsand pressure under this part to be disclosed, or stated
tions governing the manufacture of vessels, applies to explosive materials or in ay advertisement, which occurs by
motor vehicles, the national character of devices, and to vessels designed to con- reason of the addition of February 29
the industry makes it highly important tain a pressurized fluid or gas, for use in each leap year, may be disregarded,
that the regulations be substantially uni- in the above types of motor vehicles. and such term may be disclosed or stated
-form. The need for such uniformity is Proposed effective date: January 1, without regard to such variance,
clearly manifested in the legislative his- 1972. 2. The amendment would permit
tory of the National Traffic and Motor creditors to ignore any variance in terms
Vehicle Safety Act, 15 U.S.C. 1391 et seq. Interested persons are invited to sub- which occurs as a result of leap year, and
The Act provides for such uniformity in mit comments on the revised proposals will facilitate the use of preprinted dis-
section 103(d) (15 U.S.C. 1392(d)), as set forth below. Comments should closures without the need for the prepa-
which requires that any State safety refer to the docket number and be sub-
ration of new forms solely as a result
standard applicable to the same aspect mitted to: Docket Section, National of leap year. In general any variance in
of performance of the same vehicles as a Highway Traffic Safety Administration, terms caused as a result of leap year will
Federal safety standard must be identi- Room 5221, 400 Seventh Street SW.,
Washington, DC 20590. It is requested be minor.
cal to the Federal standard. This notice is published pursuant to
In accordance with these considera- but not required that 10 copies be
submitted. section 553(b) of Title 5, United States
tions, it is proposed that Standard No. Code, and 262.2(a) of the rules of pro-
208, Occupant Crash Protection, be All comments received before the close
of business on November 15, 1971 will be cedure of the Board of Governors of
amended to provide that any explosive the Federal Reserve System (12 CFR
devices or pressure vessels used in oc- considered, and will be available for ex-
amination in the docket at the above 262.2(a)).
cupant protection systems shall conform To aid in the consideration of these
to the applicable regulations of the Haz- address both before and after the closing
date. To the extent possible, comments matters by the Board, interested persons
ardous Materials Regulations Board of are invited to submit relevant data, views,
the Departmefit of Transportation (49 filed after the above date will also be
considered by the Administration. How- or arguments. Any such material should
CFR. Parts 170-189), with respect to the be submitted in writing to the Secretary,
physical and chemical properties, the ever, the rulemaking action may proceed
packaging, and the marking of those at any time after that date, and com- the Board of Governors of the Federal
ments received after the closing date Reserve System, Washington, D.C. 20551,
items. The limitations on the areas of
regulation that would be adopted as part and too late for consideration in regard or to any Federal Reserve Bank for
of the safety standard are not intended in to the action will be treated as sugges- transmittal to the Board, to be recoived
any sense to suggest the inapplicability tions for future rulemaking. The Ad- at the Board not later than November
ministration will continue to file relevant 15, 1971. Such material will be made
of other aspects of the HVIRB regula- available for inspection and copying upon
tions to these items in their own terms. material, as it becomes available, in the
They merely reflect the fact 'that the docket after the closing date, and it is request, except as provided in 261.6(a)
recommended that interested persons of the Board's Rules Regarding Avail-
safety standards are by 'statute limited
to the objective properties of the items continue to examine the docket for new ability of Information.
concerned, as contrasted, for example, materials.' By order of the Board of Governors,
with quality control provisions that also This notice of proposed rulemaking October 1, 1971.
are part of the HDMR regulations. is issued under the authority of sections
It is assumed that if and when this 103, 112, and 119 of the National Traffic [SEPL] TY NAN SMITH,
amendment becomes effective, any State and Motor Vehicle Safety Act (15 U.S.C. Secretary.
and local regulations that relate to the 1392, 1401, 1407), and the delegations of [FR Doc.71-14859 Filed 10-8-71,8.,0 am]

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


PROPOSED RULE MAKING 19707
trative Services; together with one non- Administrative claims; evi-
*SMALL BUSINESS voting member representing the Office 114.105
dence and information to be sub-
of General Counsel. mitted.
ADMINISTRATION 114.101 Scope of regulations. (a) Death.In support of a claim based
E13 CFR Part 114 ] This part applies only to claims as- on death, the claimant may be required
serted under the Federal Tort Claims to submit the following evidence or in-
ADMINISTRATIVE CLAIMS UNDER Act, as amended, 28 U.S.C. 2671-2680, formation:
FEDERAL TORT CLAIMS ACT accruing on or after January 18, 1967, (1) An authenticated death certificate
Authority of Field Offices to Settle for money damages against the United or other competent evidence showing
States for injury to or loss of property cause of death, date of death, and age
Claims or personal injury or death caused by of the decedent.
Notice is hereby given that the Small the negligent or wrongful act or omission (2) Decedent's employment or oc-
Business Administration proposes to re- of an employee of the Administration cupation at time of death, including his
vise Part 114 of Chapter I of Title 13 while acting in the scope of his oMce or monthly or yearly salary or earnings (if
of the Code of Federal Regulations, per- employment. any), and the duration of his last em-
taining to administrative settlement of 114.102 Administrative claim; when ployment or occupation.
claims under the Federal Tort Claims (3) Full names, addresses, birth dates,
presented; appropriate Adninistra- kinship, and marital status of the dece-
Act. lion office.
The proposed revision reflects certain dent's survivors, including Identification
organizational changes and confers au- For purposes of this Part 114, a claim of those survivors who were dependent
thority on field offices to settle claims of is deemed to have been presented when for support upon the decedent at the
one thousand dollars ($1,000) or less. The the Administration receives, at the re- timeof his death.
pro;osed revision reads as follows: gional or district office nearest to the (4) Degree of support afforded by the
place where the incident occurred. an decendent to each survivor dependent
Sec. executed "Claim for Damage or Injury,"
114.100 Definitions. upon him for supprt at the time of his
114.101 Scop6 of regulations. Standard Form 95, in triplicate, or other death.
114.102 Administrative claim; when pre- written notice of an incident together (5) Decedant's general physical and
sented; appropriate Administra- with a claim for money damages in a mental condition before death.
tive Office. sum certain for injury to or loss of prop- (6) Itemized bills for medical and
114.103 Administrative claim; who may erty or injury or death alleged to have burial expenses incurred by reason of the
file. occurred as a result of the incident. When incident causing death or itemized
114.104 Investigations. any such written notice is given, It shall
114.105 Administrative claim; evidence receipts of payment for such expenses.
and Information to be sub- be incumbent upon the regional or dis- (7) If damages for pain and suffering
mitted. trict office concerned to furnish to the prior to death are claimed, a physician's
114.106 Authority to adjust, determine, claimant the requisite copies of Standard detailed statement specifying the inju-
compromise, and settle claims in Form 95 with instructions for com- ries suffered, duration of pain and suffer-
excess of $1,000. pleting it. ing, any drugs administered for pain,
114.106-1 Authority of field offices to adjust. and the decedent's physical condition in
determine, compromise, and set- ,114.103 Administrative claim; who
tle claims of $1,000 or less. may file. the interval between injury and death.
114.107 Limitations on authority. (8) Any other evidence or information
114.103 Referral to Department of Justice.
(a) A claim for Injury to or loss of which may have a bearing on either the
114.109 Examination. property may be presented by the owner responsibility of the United States for
114.110 Final denial of claim. of the property, his duly authorized the death or the damages claimed.
114.111 Action on approved claim. agent, or legal representative. (b) Personal infurj. In support of a
Amn Horry: The provisions of this Part 1.14
(b) A claim for personal injury claim for personal injury, including pain
issued under 28 U.S.O. 2672; 28 CPR 14.11 (31
may be presented by the injured per- and suffering, the claimant may be re-
F R. 16616). son, his duly authorized agent, or legal quired to submit the following evidence
representative. or information:
114.100 Definitions. (c) A claim based on death may be (1) A written report by his attending
As used throughout this Part 114: presented by the executor or adminis- physician or dentist setting forth the na-
(a)"Administration" means the Small trator of the decedant's estate, or by ture and extent of the injury, nature and
Business Administration; any other person legally entitled to as- treatment, any degree of temporary or
(b) "Regional Board of Survey" means sert such a claim in accordance with permanent disability, the piognosis, pe-
a three-member board composed of the applicable State law. riod of hospitalization, and any dimin-
Regional Counsel and representatives (d) A claim for loss wholly compen- ished earning capacity. In addition, the
from the Regional Financing and Pro- sated by an insurer with the rights of a claimant may be required to submit to
curement and Management Assistance subrogee may be presented by the in- a physical or mental examination by a
Divisions; surer. A claim for loss partially compen- physician employed by the Administra-
(c)"Employee" means an officer or sated by an insurer with the rights of a tion or another Federal agency. A copy
employee of the Administration; subrogee may be presented by the parties of the report of the examining physician
(d) "District Board of Survey" means individually as their respective interests shall be made available to the claimant
a three-member board composed of the appear, or jointly. upon the claimant's written request:
District Counsel and representatives from (e) A claim presented by an agent or Provided,That he has, upon request, fur-
the District Financing and Procurement legal representative shall be presented nished the report referred to in the first
and Management Assistance Divisions; in the name of the claimiqnt, be signed sentence of this subparagraph and has
(e) "Survey Officer" means the officer by the agent or legal representative, made or agrees to make available to the
who reviews the findings and recom- show the title or legal capacity of the Administration any other physician's re-
mendations of the Washington Board of person signing, and be accompanied by ports previously or thereafter made of
Survey and approves or disapproves such evidence of his authority to present a the physical or mental condition which
findings and recommendations; claim on behalf of the claimant as is the subject matter of his claim.
(f)"Washington Board of Survey" agent, executor, administrator, parent, (2) Itemized bills for medical, dental,
means a board composed of three voting guardian, or other representative. and hospital expenses incurred, or item-
members, namely: A representative of ized receipts of payment for such
the Office of Security and Investigations; 114.104 Investigation. exi-penss.
a representative of the Accounting Op- The Administration may investigate, (3) If the prognosis reveals the ne-
erations Division,. Office of Budget and or may request any other Federal agency cessity for future treatment, a written
Finance; and a representative of the Of- to investigate, a claim filed under this statement of expected expenses for such
fice Services Division, Office of Adminis- part. treatment.

FEDERAL REGISTER, VOL 36, NO. 197-SATURbAY, OCTOBER 9, 1971


19708 PROPOSED RULE MAKING
(4) If a claim is made for loss of time legal opinions regarding the liability of after Investigation of the claim in ques-
from his employment, a statement from the United States under applicable State tion but before the Board of Survey has
his employer showing actual time lost law governing negligence and related considered the claim. The Regional or
from employment, whether he is a full- matters and, in the event of disagree- District Board of Survey shall establish a
or part-time employee, and wages or sal- ment, shall render a separate legal opin- case file containing all documents related
ary actually lost. ion to the Washington Board of Survey. to the claim and the incident out of which
(5) If a claim is made for loss of in- The report and legal opinion, if any, it arose. The file shall also contain the
come and the claimant is self-employed, shall be prepared in an original and Board's findings of fact, conclusions, and
documentary evidence showing the five copies and shall be attached to the recommendations, and the legal opinion
amount of earnings actually lost. case file. of the Regional or District Counsel. The
(6) Any other evidence or information (c) If the Survey Officer approves the file shall be forwarded to the Regional
which may have a bearing on either the recommendation of the Washington or District Director after the Regional
responsibility of the United States for the Board of Survey to pay the claim, the or District Board of Survey has per-
personal injury or the damages claimed. Chairman of the Washington Board of formed its function.
(c) Property damage. In support of a Survey shall complete an original copy (b) The Regional or District Director,
claim for damage to or loss of property, of Standard Form 1145 and two memo- as ap-propriate, shall review the case and
real or personal, the claimant may be randum copies of Standard Form 1145A, issue his decision thereon. If the decision
required to submit the following evidence "Voucher for Payment Under Federal is to pay the claim, he shall complete
or information: Tort Claims Act." The Chairman shall an original copy of Standard Form 1145
(1) Proof of ownership. forward said copies to the claimant for and two memorandum copies of Stand-
(2) A detailed statement of the his signature and acceptance. ard Form 1145A, "Voucher for Payment
amount claimed with respect to each item Under Federal Tort Claims Act." The
. (d) Upon receiving the Standard
of property. Forms 1145 and 1145A from the Claim- Regional cr District Director shall for-
(3) An itemized receipt of payment for ant, the Chairman of the Washington ward said copies to the claimant for his
necessary repairs or itemized written es- Board of Survey shall attach the forms signature and acceptance. Upon receiving
timates of the cost of such repairs. to the case file and forward the file to the the Standard Forms 1145 and 1145A from
(4) A statement listing date of pur- Administrator or his designee for final the claimant, the Regional or District
chase, purchase price, and salvage value, Director shall attach the forms to the
where repair is not economical. approval.
case file and direct that payment be
(5) Any other evidence or information (e) If the Survey Officer disapproves made.
which may have a bearing on either the the recommendations of the Washington (c) If the Regional or District Director
responsibility of the United States for the Board of Survey that the claim be paid, denies the claim, this shall constitute a
damage to or loss of property or the the case ifie shall be forwarded imme- final agency denial of the claim and ap-
damages claimed. diately to the Administrator or his des- propriate notice shall be given claimant
ignee for final action. If the Adminis- as provided in 114.110.
114.106 Authority to adjust, deter- trator or his designee concurs with the
mine, compromise, and settle claims (d) Notwithstanding the foregoing, a
Survey Officer, this shall constitute a claim for $1,000 or less shall be processed
in excess of $1,000. final agency denial of the claim and ap- in accordance with 114.100 when the
(a) Upon presentation of a claim in an propriate notice shall be given the claim- Regional or District Board of Survey has
amount exceeding $1,000 and appropriate ant as provided in 114.110. If the reason to believe that a related claim may
investigation thereof, the Board of Sur- Administrator or his designee disagrees be fied in connection with the same in-
vey of the regional or district office to with the Survey Officer, Standard Forms cident and the aggregate amount of such
which the claim was presented shall con- 1145 and 1145A shall be prepared and claims will probably exceed $1,000, The
sider all of the evidence and enter the forwarded to the claimant as provided reasons for such belief shall be included
Board's findings of fact, conclusions, and for in paragraph (c) of this section. in the case file along with the findings,
recommendations. There shall be ap- After the claimant has signed and re- conclusions, and recommendations,
pended to the Board's findings of fact, turned them, the Administrator or his (e)When an administrative claim
conclusions, and recommendations, a designee shall sign them. may be adjusted, determined, compro-
legal opinion of the Regional or District (f) If the Regional or District Board mised, or settled under the Federal Tort
Counsel regarding the liability of the of Survey or the Washington Board of Claims Act only after consultation with
United States under the applicable State Survey recommends that the claim not the Department of Justice as provided in
law governing negligence and other re- be paid, the claim shall nevertheless be 114.107(b) (1), (2), (3), and (c), the
lated matters. The legal opinion shall also processed to final action by the Adminis- Regional or DitrIct Director shall for-
frame the issues in such a way as to pro- trator or his designee through all the ward the case file to th' Office of General
vide guidance to the Board of Survey in appropriate stages outlined in the Counsel, SBA Central Office, prior to de-
performing its functions. Such opinion preceding paragraphs of this section. cision. The Regional or District Director
shall be submitted to the Board of Survey shall be guided in this respect by the
after investigation of the claim in ques- 114.106-1 Authority of field offices to
adjust, determine, compromise, and legal opinion of Regional or District
tion but before the Board of Survey has Counsel. After consultatlon with the Do-
considered the claim. The Regional or settle claims of $1,000 or less.
oartment of Justice, the case file -hall
District Board of Survey shall establish a (a) Upon presentation of a claim in be forwarded by the Office of General
case file containing all documents related the amount of $1,000 or less and appro- Counsel to the Washington Board of Sur-
to the claim and the incident out of priate investigation thereof, the Board vey for final processing In accordance
which it arose. The file shall also contain of Survey of the regional or district office with 114.106.
the Board's findings of fact, conclusions, to which the claim was presented shall
and recommendations, and the legal consider all of the evidence and enter 114.107 Limitationq on autitority.
opinion of the Regional or District Coun- the Board's findings of fact, conclusions, (a) An award, compromise, or settle-
sel. The file shall be forwarded to the and recommendations. There shall be ap- ment of a claim in excess of $25.000 filed
Chairman of the Washington Board of pended to the Board's findings of fact, under this part shall not be effected with-
Survey after the Regional or District canclusions, and recommendations, a out prior written approval of the U.S,
Board of- Survey has performed its legal opinion of the Regional or District Attorney General or his designee. For
'function. Counsel regarding the liability of the purposes of this paragraph, a principal
(b) The Washington Board of Survey United States under the applicable State claim and any derivative or subrogated
shall review the case and submit its law governing negligence and other re- claim shall be treated as a single claim.
recommendations in a report to the Sur- lated matters. The legal opinion shall also (b) An administrative claim may be
vey Officer. A representative of the Office frame the issues in such a way as to pro- adiusted, determined, compromised, or
of General Counsel, normally the non- vide guidance to the Board of Survey settled under the Federal Tort Claims
voting member of the Washington Board in performing its functions. Such opinion Act only after consultation with the De-
of Survey, shall review the submitted shall be submitted to the Board of Survey partment of Justice when, in the opinion

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


PROPOSED RULE MAKING 19709
of the nonvoting member of the Wash- for the referral or request, (b) copies of clamants or his duly authorized agent's
ington Board of Survey and with the relevant portions of the Administration's or legal representative's executing the
concurrence of the General Counsel: claim file, and (c) a statement of the requisite copies of Standard Form 95,
(1) A new precedent or a new point of recommendations or views of the Admin- Standard Form 1145, and Standard Form
law is involved; or istration. Such referrals may be made 1145A. When a claimant is represented
(2) A question of policy is or may be any time after the presentment of a claim by an attorney, the voucher shall desig-
involved; or to the Administration, and shall be nate both the claimant and his attorney
(3) The United States is or may be transmitted by the General Counsel or as payees. The check shall be delivered to
entitled to indemnity or contribution his designee. the attorney, whose address shall appear
from a third party and the Administra- on Standard Form 1145, voucher for pay-
tion is unable to adjust the third party 114.109 Examination.
ment of a claim under the Federal Tort
claim; or The Administration may request any Claims Act.
(4) The compromise of a particular other Federal agency to conduct a physi-
claim, as a practical matter, will or may (b) Acceptance by the claimant, his
cal examination of a claimant and pro- agent, or legal representative, of any
control the disposition of a related claimvide a report of the physical examination. award, compromise, or settlement made
in which the amount to be paid may Where reimbursement for such services
exceed $25,000. is authorized or required by statute or pursuant to the Federal Tort Claims Act
(c) An administrative claim may be regulation, the Administration may re- shall be final and conclusive on the
adjusted, determined, compromised, or imburse any Federal agency which claimant, his agent or legal representa-
settled by the Adniinistration under the tive and any other person on whose be-
conditions its compliance with the half or for whose benefit the claim has
Federal Tort Claims Act only after con- Administration's request upon such
sultation with -theDepartment of Justice been presented, and shall constitute a
reimbursement. complete release of any claim against the
when the Administration is informed or 114.110 Final denial of claim.
is otherwise aware that the United States United States and against any employee
or an employee, agent, or cost-plus con- Final denial of an administrative claim of the Government whose act or omis-
tractor of the United States is involved shall be in writing and sent to the slon gave rise to the claim, by reason of
in litigation based on a claim arising outclaimant, his attorney, or legal repre- the same subject matter.
of the same incident or transaction. sentative by certified or registered mail. Interested persons are invited to sub-
The notification of final denial may In- mit written comments, suggestions, or
114.108 Referral to Department of clude a statement of the reasons for the objections regarding the proposed revi-
Justice. sion to the Ofice of General Counsel,
denial and shall include a statement
When Department of Justice approval that, if the claimant is dissatisfied with Small Business Administration, 1441 L
or consultation is required under 114.- the agency action, he may file a suit in Street NW., Washington, DC 20416,
107, or the advice of the Department of an appropriate U.S. District Court not within 30 days after date of publication
Justice is otherwise to be requested, the later'than 6 months after the date of of this notice in the F1)mZ, REGisrx.
referral or request shall be sent to the mailing of the notification. Dated: October 1, 1971.
Assistant Attorney General, Civil Divi-
sion, Department of Justice, in writing 114.111 Action on approved claim. THOMAs S. KEPPE,
and shall contain (a) a short and concise (a) Payment of a claim approved Administrator.
statement of the facts and of the reasons under this part is contingent upon the IFRDce.71-14844F ied lO-8-71;8:49 am]

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19710

Notices
Any person who will be adversely af- containing valethamate bromide. (Mar-
DEPARTMENT OF HEALTH, fected by the deletion from labeling of
the indications for which the drug has
keting of these products has been dis-
continued.)
EDUCATION, AND WELFARE been reclassified from possibly effective
to lacking substantial evidence of effec-
2. Murel with Phenobarbital Tablets
(NDA 11-290) and Murel with Pheno-
Food and Drug Administration tiveness may, within 30 days after the barbital SA.Tablets (NDA 11-998), both
date of publication of this notice in the containing valethamate bromide and
ALPINE GEOPHYSICAL ASSOCIATES, FEDERAL REGISTER, petition for the issu- phenobarbital. (Marketing of these
INC. ance of a regulation providing for certifi- products has been discontinued.)
cation of the drug for such indications. 3. Murel Injectable, containing valeth-
Notice of Withdrawal of Petition for The petition must be supported by a full amate bromide (NDA 11-263). (Market-
Food Additives factual and well-documented medical ing of this product has been discon-
Pursuant to provisions of the Federal analysis which shows reasonable grounds tinued.)
Food, Drug, and Cosmetic Act (sec. 409 for the issuance of such regulation. Therefore, notice is given to Ayrst
(b), 72 Stat. 1786; 21 U.S.C. 348(b)), the A petition for issuance of said regula- Laboratories and to any interested per-
following notice is issued: tion should be fied (preferably in quin- son who may be adversely affected, that
In accordance with 121.52 With- tuplicate) with the Hearing Clerk, De- the Commissioner proposes to' Issue an
drawal of petitions without prejudice of partment of Health, Education, and order under section 505(e) of the Fed-
the procedural food additive regulations Welfare, Room 6-88, 5600 Fishers Lane, eral Food, Drug, and Cosmetic Act with-
(21 CFR 121.52), Alpine Geophysical Rockville, MD 20852. drawing approval of the listed
Associates, Inc., 65 Oak Street, Norwood, This notice is issued pursuant to pro- applications and all amendments and
N.J. 07698, has, withdrawn its petition visions of the Federal Food, Drug, and supplements thereto oh the grounds that
(FAP 9A2323), notice of which was Cosmetic Act (sees. 502, 507, 52 Stat. new information before him with respect
published in the FEDERAL REGISTER of 1050-51, as amended, 59 Stat. 463, as to the drugs, evaluated together with the
February 18, 1971 (36 F.R. 3145), propos- amended; 21 U.S.C. 352, 357) and under evidence available to him when the ap-
ing that 121.1202 Whole fish protein authority delegated to the Commissioner plications were approved shows there Is
concentrate (21 CFR 121.1202) be of Food and Drugs (21 CFR 2.120). a lack of substantial evidence that the
amended as specified in said notice. drugs will have the effects they purport
Dated: September 30, 1971. or are represented to have under the
Dated: September 30, 1971. R. E. DuGGAx, conditions of use prescribed, or suggested
VIRGIL 0. WODICKA; Acting Associate Commissioner in their labeling.
Director,Bureau of Foods. for Compliance. In accordance with the provisions of
section 505 of the Act (21 U.S.C. 355)
[FR Doc.71-14867 Plled 10-8-71;8:52 am] [FR Doc.71-14865 Filed 10-8-71;8:52 am]
and the regulations promulgated there-
under (21 CFR Part 130), the Commis-
[DESI 100241 [Docket No. 1DC-D-362; NDA 11-253, etc.] sioner will give the applicant, and any
interested person who would be ad-
CERTAIN ANTIFUNGAL DERMATO- CERTAIN DRUGS CONTAINING versely affected by an order withdrawing
LOGIC PREPARATION CONTAINING VALETHAMATE BROMIDE such approval, an opportunity for a
NYSTATIN AND IODOCHLORHY- Notice of Opportunity for Hearing on hearing to show why approval of the
DROXYQUIN new-drug applications should not be
Proposal To Withdraw Approval of withdrawn. Any related drug for human
Drugs for Human Use; Drug Efficacy New-Drug Applications use, not the subject of an approved new-
Study Implementation In the FEDERAL REGISTER of October 15, drug application, may be affected by this
1970 (35 F.R. 16199), the Food and Drug action.
In a notice (DESI 10024) published in Within 30 days after publication hereof
the FEDERAL REGISTER of November 5, Administration announced (DEI 11253) in the FEDERAL REGISTER, such persons
1970 (35 F.R. 17069), the Commissioner its conclusions pursuant to evaluation are required to file with the Hearing
of Food and Drugs announced his con- by the National Academy of Sciences- Clerk, Department of Health, Educa-
clusions pursuant to evaluation of a National Research Council, Drug Effi- tion, and Welfare, Room 6-88, 6600
report received from the Natipnal Acad- cacy Study Group, of the drugs listed Fishers Lane, Rockville, Md. 20852, a
emy of Sciences-National Research below, new-drug applications for which written appearance electing whether:
Council, Drug Effidacy Study Group on are held by Ayerst Laboratories, Division 1. To avail themselves of the oppor-
Nystaform Ointment containing nystatin of American Home Products Corp., 685 tunity for a hearing; or
and Iodochlorhydroxyquin; Dome Labo- Third Avenue, New York, N.Y., 10017,
ratories, Division of Miles Laboratories, stating that the drugs were regarded as 2. Not to avail themselves of the op-
Inc., 125 West End Avenue, New York, possibly effective for some of theiF portunity for a hearing.
NY 10023 (NDA 50-235). The notice labeled indications and lacking substan- If such persons elect not to avail them-
stated that the drug was regarded as tial evidence of effectiveness for others. selves of the opportunity for a hearing
effective, and possibly effective for the The holder of the applications and any the Commissioner without further notice
various labeled indications. The possibly person marketing such drug without ap- will enter a final order withdrawing ap-
effective indications have been reclassi- proval were allowed 6 months to obtain proval of the new-drug applications,
fied as lacking substantial evidence of and submit data to provide substantial Failure of such persons to file a written
effectiveness in that no new evidence evidence of effectiveness of the drugs for appearance of election within said 30
of effectiveness of this drug has been the indications regarded as possibly ef- days will be construed as an election by
submitted pursuant to the notice of fective. In that no new evidence of ef- such persons not to avail themselves of
November 5, 1970. fectiveness has been received, these the opportunity for a hearing.
Batches of such drugs with labeling drugs have been reclassified as lacking The hearing contemplated by this no-
bearing indications for which substantial substantial evidence of effectiveness for tice will be open to the public except
evidence of effectiveness is lacking are no all of their labeled indications, that any portion of the hearing that
.longer acceptable for certification or 1. Murel Tablets (NDA 11-253) and concerns a method or process the Com-
release. Murel S.A. Tablets (NDA 11-989), both missioner finds entitled to protection as

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 1971
a trade secret will not be open to the Document Room at 1717 H Street, NW., gether, Jersey Central and Jersey Power
public, unless the respondent specifies Washington, DC. or (2) by mall or tele- crve about 1.5 millon people and 43 per-
otherwise in his appearance. gram addressed to the Secretary. U.S. cent of New Jerseys area, while Met-Ed and
If such persons elect to avail them- Atomic Energy Commission, Washing- Penelec serve about 2.3 million people and
selves of the opportunity for a hearing ton, D.C. 20545 Attention: Chief, Public 40 percent of Pennsylvania's area.
they must file, within 30 days after pub-- Proceedings Branch. In additlon to data on Jersey Central, GPU
ication -of this notice in the FEDERAL has provided us information on a consoll-
REGISTER, a written appearance request-
For the Atomic Energy Commieson. dated systemwldo basis. This Is appropriate,
since the four major subsidiaries are closely
ing the hearing, giving the reasons why LYALL JOHNSON, Interconnected and coordinated in opera-
approval of the new-drug application Director,Division of tion. One offical serves ' president of both
should not be withdrawn, together with State and LicenseeRelations. Jersey Central and Jersey Power, and they
a well-organized and full factual analysis -S'Prrn 29, 1971. shar a single headquarters office. Jersey Cen-
of the clinical and other investigational tral and Met-Ed rhare ownership of the
Jersey Central Power & Light Co.. Forked Three-Mle Iland nuclear generating station
data they are prepared to prove in sup- River Nuclear Generating Station. Unit No.
now under construction In the Susquehanna
port of their opposition. A request for a 1. AEC Docket No. 50-363A. River near Harrisburg. Pa. Indeed. for pur-
hearing may not rest upon mere allega- You have requested our advice regard- psz'-' of the Mid-Atlantic Area Coordination
tions or denials, but must set forth Ing the above-cited application pursuant to Agreement and the PJM Interconnection
specific facts showing that a genuine and the provisions of section 105 of the Atomic Agreement. disused below, In each of
substantial issue of fact requires a hear- Energy Act of 1954, as amended by Public which the four GPU operating companies are
ing. When it clearly appears from the Law 91-560. signatories, the GPU subsidiaries are treated
Introduction. The Forked River nuclear
data in the application and from the rea- generating aaasingle system.
station, unit number 1. to be As of January 27. 1971. the GPU system as
sons and factual analysis in the request built by Jersey Central Power & Light Co.
for the hearing that no genuine and sub- (Jersey Central), is scheduled for comple- a whole had 4,777 W of dependable capacity
against a peak load of 4.448 MW. This capac-.
stantial issue of fact precludes the with- tion and operation early In 1078. Rated at a Ity comprised 4,313 MW of thermal genera-
drawal of approval of the application, net generating capacity of 1140 MW, the unit tion. 303 MW of hydro and numped storage,
the Commissioner will enter an order on wf.1 be located In Lacey Township. Ocean and 101 MW In purchases. This capacity in-
these data, making findings and conclu- County, N.J.. adjacent to Jersey Central's cludesa number of facilities jointly owned
sions on such data. Oyster Creek nuclear generating station. with other utilities. For example, there are
Jersey Central's application to the CommIs- three giant nine-mouth coal generating sta-
If a hearing is requested and justified sian estimated the total cost of the unit.
by the response to this notice, the issues Including associated trwasmirson facilities tions in western Pennsylvania, In which GPU
will be defined, a hearing examiner will and nuclear fuel nventory for the first core. operating companles share ownership with
outside companies. Penelec owns one-half in-
be named, and he shall issue, as soon as at ,367.226.000. We are advised, however. terest In the Homer City Station, Met-Ed
practicable after the expiration of such that the most recent estimates run as high owns a one-sixth Interest In the Conemaugh
30 days, a written notice of the time and as $500 million. The plant will be financed in Station. and Jersey Central owns one-sixth of
place at which the hearing will com- the same manner as other Jersey Central ad- the Keystono plant. In addition, Jersey Cen-
mence (35 F.R. 7250, May 8, 1970; 35 F.R. ditions to capacity. Long-term debt capital
will be obtained by issuance of mortgage tral Is joint owner with Public Service Elec-
16631, October 27, 1970). tric and Gas Co. of the Yards Creek Pumped
bonds and unsecured debentures. Although Storage Station on Kittatinny Mountain in
This notice is issued pursuant to pro- some preferred stock may be sold, equity New Jersey's northwest corner, and Penelec
visions of the Federal Food, Drug, and capital will be obtained mainly from capital is joint owner with the Cleveland Electric Il-
Cosmetic Act (sec. 505, 52 Stat. 1052-53, contributions of Jersey Central's corporate luminating Co. (CEI) of the Seneca Pumped
as amended; 21 U.S.C. 355) and under parent, General Public Utilities Corp. (GPU), Storage Station in northwestern Pennsyl-
the authority delegated to the Commis- and from nternally-generated funds.
The applicant. Jersey Central, headquar- vanta.
sioner (21 CFR 2.120). tered at Morristown, N.J., is a fully Integrated The GPU system anticipates load increases
electric utility engaged In the generation. over the next 10 years which will require
Dated: September 30, 1971. raising Its dependable capacity by 1980 to
distribution, and sale of electric energy. In
R. E. DUGGAN, 1969 it had a total base load generating 12.858 MW. Its construction program over
Acting Associate Commissioner capacity of 1.438.000 KW and a complete net- this period, In addition to the Forked River
work of high voltage transmission lines and unit. will include a number of combustion
for Compliance. turbine units, two nuclear units at Three-
distribution lines. Operating In castern and
[FR Doc.71-14866 Filed 10-8-71;8:52 am] north-central New Jersey, the company Mile Island, additional units in the Cone-
serves more than 392.863 customers In an maugh and Homer City Stations and ex-
area of 1.528 square miles., constituting 20 pansion of the Yarda Creek Pumped Stor-
percent of the land area of the State. age Station.
ATOMIC ENERGY- COMMISSION As noted above. Jersey Central is a wfioly-
owned subsidiary of GPU. a registered pub-
Relations with other utilities. The GPU
system Is a member of two Important co-
[Docket No. 50-463A] lic utility holding company. The other ordinating groups or pools: The Mid-Atlan-
principal operating subsidiaries of the GPU tic Area Coordination group, which deals pri-
JERSEY CENTRAL POWER & LIGHT CO. system are New Jersey Power & Light Co. marily with the reliability of system Inter-
(Jer-sey Power). adjacent to Jersey Central connections and coordination of long-range
Notice of Receipt of Attorney General's In-northwestern New Jersey; Metropolitan planning and the PJm Interconnection,
Advice and Time for Filing of Peti- Edison Co. (Met-Ed). whose territories ex- which Is one of the older, more comprehen-
sive regional power pools. The geographic
tions To Intervene on Antitrust tend from the Delaware River southwesterly extent and membership of each Is essentially
across Pennsylvania to the Maryland line In
Matters the central part of the State; and Pennsyl- the same. In addition to the four operating
companies of the GPU system, the direct or
The Commission has received, pur- vania Electric Co. (Penelec). which serves indirect members of the PJM Interconnection
suant to section 105c of the Atomic from the Maryland line to the New York line
in west-central and northwest Pennsylvania, include Philadelphia Electric Co., Delmarvm
Energy Act of 1954, as amended (the and along the northern tier of the State.' To- Power and Light Co.. Atlantic City Electric
-Act), a letter of advice from the Attor- Co., Public Service Electric and Gas Co.
ney General of the United States, dated 'Other GPU subsidiaries include three Pennsylvanla Power and Light Co., UGI
September 29,. 1971, a copy of which is smaller Pennsylvania companies. Waverly Corp., Baltimore Gas and Electric Co. and
set forth below. Electric Light Co., York Haven Power Co. and Potomac Electric and Power Co. The four
Waterford Electric Light Co., the latter ac- GPU operating companies share reserves
Any -person whose interest may be quired In 1968. In the decade 190-1970 with the other PJM members, and indeed the
affected by this proceeding may, pursuant GPU also acquired two other small Penn- entire PJU system Is operated under a one-
to 2.714 of the Commission's rules of sylvania companies, Home Electric Co. and system concept as a single control area with
practice, 10 CFR Part 2, file a petition Carpenter Llht and Power Co., which were minute-to-minute economic dispatch of
for leave to intervene and request a hear- merged into Penelec. In the same period GPU generation and with essentially free-flowing
ties. The arrangements for system operations
ing on the antitrust aspects of the appli- companies made unsuccecsful efforts to pur- and for exchange of power among P3JM com-
cation. Petitions for leave to intervene chase a number of other utilities: Penelec panies are set forth in detail in the Federal
(three small Investor-owned companies and
and requests for hearing shall be filed two municipal systems): Met-Ed (five munic- Power Commi-on's "1970 National Power
within thirty (30) days after publication ipal systems); Jerzey Power (one rural elec- Survey." Part Ir. page- II-1-77-81. la addi-
of this notice in the FEDERAL REGISTER, tric cooperative); and Jersey Central (one tion. members of PJ1 as a group have co-
either (1) by delivery to the AEC Punlic municipal system). ordinating agreements for interconnection

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19712 NOTICES
and exchange of power with a number of ad- ance that it would ultimately be permitted vides applicant with full access to the inter-
jacent systems, Including the Allegheny to obtain a meaningful participation in connected network of high-voltage transmis-
Power System, CEI, Virginia Electric and Forked River. Nevertheless, Allegheny has all sion ard to the economic beneits of
Power Co., Niagara Mohawk Power Corp., and necessary approvals from its membership and coordination among electric utilities In bull,
New York State Electric and Gas Corp. is already in the process of obtaining REA power production.
Within or adjacent to the GPU territories financing for participation in the project. Such an analysis . ppears equally valid here.
there are also some 26 smaller utility sys- Another request for participation in Forked The request of Allegheny Electric Coopera-
tems, including Investor-owned companies, River Is now being formulated by the Penn- tive and PMUA for participation in owner-
rural co-operatives, and municipal systems. sylvania Municipal Utilities Association ship and output of the Forked River unit
Twenty of these systems purchase all bulk (PMUA). This is an association of some must be viewed In th6 light of principlei de-
power supply from GPU companies. These 25 of the municipal systems in Pennsylvania. veloped by the Courts in construing the
comprise four investor-owned companies in The majority are located east of Harrisburg Sherman Act with respect to those control-
Pennsylvania, ten municipals In Pennsyl- and are bulk power purchasers from Penelec, ling an essential resource. This principle vm
vania, five municipals in New Jersey pur- fet-Ed, or Pennsylvania Power & Light: The clearly stated and applied very recently in
chasing from Jersey Central, and the Sussex borough of Middletown, for itself and as a the electric power field:
cooperative purchasing from Jersey Power. member of PIUA, has advised us of its inter- Pertinent to an examination of the law is a
In addition, GPU companies furnish partial est in obtaining an ownership share in reference to cases expressive of the "bottle-
bulk power supply to the Allegheny Electric Forked River in order to be able to partici- neck theory" of antitrust law. Thi theory re-
Cooperative, Inc. pate in the economies of scale the investor- flects in essence that it Is an Illegal restraint
Allegheny Electric Cooperative Is an as- of trade for a party to foreclose others from
owned utilities enjoy by installing large
sociation of 13 rural distribution coopera-. generating units. It asserts that if the Forked the use of a scarco facility. Here the theory
tives operating In Pennsylvania and pres-
River "license were granted, conditioned finds application in Otter Tail' use of Its
ently serving approximately 110,000 consum- upon the willingness of investor-ovned com- subtransmission lines. One authorlty ("A. D.
ers. Their territories are roughly within the panies to allow small consumer systems to Neale, The Antitrust Laws of the U.S.A.,"
Penelec service area, although one member participate as part owners of the generating Cambridge University Pres at 67 (1900))
cooperative is served both by Penelec 'and capacity and as users of transmission facil- believes:
Met-Ed and two others receive power from ities, the small consumer systems could ef-
West Penn Power Co., ai operating company "The Sherman Act requires that where fa-
fectively compete (for load growth). Without cilities cannot practically be duplicated by
in the Allegheny Power System. Prior to 1966
such a condition, It is my view the con- would-be competitors, those in po,ession of
the member cooperatives of Allegheny re- sumer system will continue in existence only them must allow them to be shared on fair
ceived all their power requirements from
for a few years." terms,"
these major companies. Allegheny, itself, had
Competitive implications.In earlier letters This statement epitomizei the holdings in
long been in existence, but became an op- of advice to the Commission we have noted federal cases which have established the prin-
erative force only in the early 1960's. In 1965
the significant degree to which competition ciple: "United States v. Terminal Railroad
It was able to arrange the purchase and de- can, and does, function effectively in the Assoc.," 224 U.S. 383, 32 S. Ct. 607
livery of substantial amounts of bulk power, (1912):
electric utility industry, particularly at the "Gamco, Inc. v. Providence Fruit &
pursuant to preference customer entitlement Produce
wholesale level and In efforts to attract new Building Inc," 104 F. 2d 484 (1st Cir. 1962):
under 16 U.S.C. 836b(2), from the Niagara
loads to a particular service area. While we "Packaged Programs, Inc. v. Westinghouse
power project of the Power Authority of the have not yet had the opportunity to make Broadcasting Co.," 256 V. 2d 708 (3d Cir.
State of New York (PASNY). a detailed analysis of the degree of competi-
Since 1966, Allegheny has bought power to 1958), "Six Twenty-Nine Productions, Inc. V.
tion which has existed between applicant Rollins Telecasting. Inc.," 305 F. 2d 478 (6th
meet all the requirements of its members and and the smaller systems comprised in the Cir. 1960).
resold It to the members at an average cost,
Allegheny Electric Cooperative and PAIUA
depending on load factors. As of 1970, the groups, the industry structure In the region The bottleneck principle is applicable to
Allegheny members required some 209 MW should provide opportunity for the existence Otter Tail. Its control over transmssion fa-
of power, and about 50 percent of this was cilities in much of its service area give3 It
of vigorous competition. The factor which,
purchased from PASNY. Uhder a Wheeling sdbstantial effective control over potential
over the long run, would seem mcst likely
and Supplemental Power Agreement, the two competition from municipal ownership, By
to impair the functioning of that competi-
GPU companies transmit the PASNY power tion would be the inability of the smaller its refusal to sell or wheel power, defendant
and also supply about 86 MAW of supplemental prevents that competition from surfaoing.'
utilities to obtain access to bulk power sup-
vower (77 MW from Penelec, 9 from Mfet-Ed). plies which are priced competitively with The Forked River unit should be regarded
West Penn Power Co. supplies about 20 MW those available to applicant. as an "essential resource" to which acces
for two cooperative members.2 must be open if, as a matter of factual
Our previous letters of advice have noted
In the Spring of this year Allegheny made that there are major economies of scale in analysis, it appears that the persons seling
a specific request to GPU for an ownership bulk power production and substantial ad- access have no reasonably comparable alter-
share in the Forked River nuclear plant, to- vantages to be derived from utilities' joining native for meeting their future bulk power
gether with the necessary wheeling arrange- to share reserves and coordinatb bulk'power requirements. In some Instances, smaller
ments 3to deliver Its share of the plant's development. As we outlined above, appli- utilities may have opportunities to purohao
output. GPU responded that It had no ob- &ant's generation expansion program over blocks of generating capacity and their only
jection in principle to such participation, but the past decade or so has been heavily de- requirement would be for reasonable access
questioned whether It would be in Alle- to wheeling rights over the Interconnected
pendent upon joint action, largely within
gheny's best interests since the costs of the the framework of its participation in the high-voltage transmislon network. Alle-
unit most likely would be higher than pres- PJM pool. Consequently, it has been able gheny Electric Cooperative has had come
ent average system costs. In any event, GPU to acquire ownership interests in very large- succes3 in obtaining competitively priced
has assembled some cost data for Allegheny, scale generating units and to benefit from bulk power supplies from the Novi York
and the initial meeting to discuss the pro- the kinds of coordination which its inte- Power Authority (PASNY)2 and there is ap-
posal, several times postponed, is now sched- gration into the regional high-voltage trans- parently still some possibility that a rela-
uled for October 12, 1971. mission network make possible. Although tively small dncrement In that supply could
Allegheny has thus not submitted any the Forked River unit is presently proposed bb made available. It would seem unllkely,
specific proposals to serve as basis for nego- to be undertaken by applicant without the however, that PASNY could be relied upon
tiations. Allegheny states that this would direct participation of any of its pooling as the supplier of substantially all the power
require more data on the plant than has yet partners, it seems clear that applicant's par- which will be needed to meet the Coopera-
been made available plus the contracting ticipation in PJM and the other joint genera- tives' load growth. Perhap3 the most de-
of an engineering survey. The latter, It in- tion projects will provide critically necessary pendable evidence of that Is the persistent
dicates, would be too expensive to undertake support for the undertaking. In our letter efforts of the Cooperative since 1900 to ob-
on a speculative 'basis, without some assur- of advice with respect 'to Consumer Power tain participation In the base-load generat-
Co.'s proposed Midland units we noted: ing units being planned by GPU. As we have
Applicant's plans to meet a substantial
2 In addition, Sussex Rural Electric Coop-
portion of its future generation requirements ' "United States v. Otter Tail Power Co." D.
erative in New Jersey, a prospective Allegheny from the Midland units cannot be viewed in
member, receives about 7 MW from Jersey linn. Civ. No. 6-69-139, p, 12, decided Sop.
isolation from the rest of its bulk power tember 9, 1971.
Power. supply program. In particular, it Is appli-
In this request Allegheny represents both 0 The importance of PASNY power to Alle-
cant's participation in the Michigan Pool gheny is illustrated by comparison of the
itself and the Sussex cooperative. Sussex has which establishes an economic framework
applied for membership in Allegheny and has 1970 average costs per kw.-hr of bulk power
sufficient to support the feasibility of Install- received from its various suppliers. The cost
been accepted by the Allegheny board. For- ing such large-scale base-load generating
mal admission to membership is awaiting of power from PASNIY was 7.83 mills and
units. The Michigan Pool, together with In- from WVest Penn 7.89 mills, In contrast, power
conclusion of arrangements for delivery of terconnections which applicant maintains
a portion of PASNY power to Sussex. costs from Penelec and Met-Ed averaged, re-
with large systems outside Michigan, pro- spectively, 8.62 and 9.79 mills per kw.-hr.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19713

indicated, the Pennsylvania municipal sys- terizatlons of this background. Allegheny cale.P It is firmly established that an agree-
tems have continued to be total-require- alleges that the long period of negotiatlons ment restricting the category of customer to
ments wholesale purchasers from GPU and over the Wheeling and Supplemental Power whom a product may be resold is unlawful
the other large systems, and it seems less Aireement-1961 to 1965--was occasioned by per so under section 1 of the Sherman Act.
likely that they would have an independent protracted dilatory tactics by GPU. During "United States v. Arnold, Schwinn & Co.",
alternative in bulk power supply competitive this perlcd Allegheny made several studies 388 US. 365.379.
with that to be obtained from participation on ithe feasibfllty'of building Its own genera- The same agreement also provides that a
in Forked River.9 ticn and transmission facilities and had ar- distribution coop may not operate any other
It inav become entirely unnecessary to ranged for REA financing toward this end. source of power In parallel with that supplied
resolve the factual question of the adequacy Allegheny believes that GPU finally entered by GPU without mutual agreement. Techni-
of the bulk power alternatives open to Alle- into the Agreement only in order to forestall cal problems doubtless may arise in some
gheny Electric Coooerative and PMUA In the more threatening alternative of an Inde- cases of parallel operation of two sources of
view of the representation of GPU that it Is pendent transmission system in Its area. power, and these must be provided for by
amenable in princlale to their participation Allegheny finds a similar pattern of dilatory arrangements to ensure system reliability.
in Forked River and willing to negotiate over tactics by GPU In the long delays over nego- But this provision would appear to go beyond
snecific proposals to obtain such participa- tiating delivery of additional PASNY power that need and give GPU a veto power over
tien. But it would seezA premature to con- and renegotiating the terminated basic the wholesale customer's ability to obtain
clude that GPU's representation adequately Agreement. alternate sources of bulk power, either by
resolves the antitrust issues surrounding GPU represents a very different version of celf-generation or outside purchase, unless
the present application. Both Allegheny and these events. It asserts that earlier requests such alternate power can be used on an iso-
PMUA exoress concern over whether GPU's for particloation In specific generation facili- lated segment of Its sy temP
asserted willingness to discuss participation ties could not be granted because they were Althoug the fact that these provisions
in Fcrked River will lead to a serious offer. made too late; Dartlclpatlon in total plant exist Is relevant In evaluating the past re-
Thus Allegheny states: output had already been fully subscribed by l-tAonships between GPU and the smaller
"The- greatest hazard to our assured right other companies. In the only Instances In systems in Its area, It should be noted that
to participate in the Forked River project or which the coops had made a timely requet- GPU's counsel has represented to us that the
similar ventures would be protracted delay Seneca, and Forked River--GPU had demon- company is willing to proceed promptly to-
resulting .from company willingness to talk, strated Its complete willingne.s to grant ward the elimination or suitable rer-ion of
but without ever reaching agreement.' participation. Even before Forked River. It all unreasonably restrictive provisons In
In order to u-sderstand the -uncertainties expressed to Allegheny offlclals Its wllingneas wholesale rate schedules.
and difficulties which cloud the prospect of to grant participation In future base load Conclusion. Our review of the presently
voluntary discussions and negotiations, it generating facilities, though Indicating available Information "n led to the conclu-
is .necessary to review some of the back- doubts that such participation would be In slon that Lrsunce of the license sought
ground of the relationships between the the best interests of Allegheny. herein without providing for access to par-
parties. In 1961 Allegheny was notified by GPIU has also denied engaging In any dila- ticlpatlon in the unit by Allegheny Electric
PASNY that it would be entitled to prefer- tory tactics In negotiations with Allegheny. Cooperative and PMUA could create or main-
erce power from New York If transmission It asserts that in view of the complex cost t3n a situation Inconsistent with the antl-
could be arranged. After a long perlod' of and engineering data to be dealt with. normal trust laws As matters now stand, we would
negctiations. Allegheny concluded a Wheel- progress was made In both the original neg - thus recommend a bearing to resolve the
ing and Supplemental Power Agreement with tiations on delivery of PASNY power and In relevant factual Issues. We do attach con-
Penelec and Met-Ed in 1965: and deliveries the negotiations over delivering the supple- siderable importance to GPIJ's a=nounced-
under the Agreement began in 1966. In 1969 mental power. The principal delay GPU at- willingness to accept the direct participation
Allegheny was notified of availability of an tributes to negotiations between Allegheny of Allegheny Electric Cooperative and PMUA
additional 30 MW of firm PASNY power If and PASNY, and a subsequent New York in the Forked River unit and to negotiate In
Wheeling could be arranged. Allegheny then State hearing, on the entitlement. Indeed. good faith over specific proposals for such
asked GPU to undertake negotiations look- GPU asserts that It miterlally asted Alle- partlcipation. Such a commitment, together
ing toward the necessary revision and ex- gheny In obtaining Its entitlement, at a time i lth the commitment to remoe unreason-
pansion of the Wheeling Agreement. Later, when New York officlals were reluctant to able restrictive provisions in wholesale rate
in the Spring of 1971 the GPU companies permit PASNY power to be taken by out-of- chedules. If fully Imp lemented, would sati-
gave Allegheny notice that the Wheeling State Interests. As for pending negotiationz factorily resolve the antitrust ises with
- and Supplemental Power Agreement would on bulk power supply and on Forked River. which we are here concerned.
be terminated as of November, 1973. Alle- GPU attributes delays to questions between In view or the history of the relationships
gheny immediately requested its renegotia- Allegheny and PASNY on the exact amount among the parties, set forth above, we do not
tion. So far, however, no real negotiations of additional entitlement, the pre s of other think It would be appropriate to rely entirely
have taken place on. either of these matters. business, and the need at the outset to de- on the outcome of voluntary discussions and
Moreover, since 1966 Allegheny has requested velop relevant cost and other data. Neverthe- negotlations among the parties. In the most
participation in each of GPU's new base load less, some discussions and correspondence favorable of circumstances such negotiations
generating projects. Until the Forked River have taken place between the parties on these are likely to be complex and time-consurng.
request, each time its request had been matters, and on July 28, 1971. GPU cent We note, however, the estimate in your
denied. Allegheny cost estimates for Forked River. transmittal of this application -thata public
Our discussions with both Allegheny and
GPU officials reveal quite opposite charac- While many of the facts about GPU's re- hearing on health and safety aspects of this
lationships with municipal and cooperative application will be commenced no earlier than
systems are presently In conflict, there is January 1972. and It seems unlikely that the
SThe Borough of Middletown, a full- some clear and objective evidence of re- antitrust hearing on this application could
requirements wholesale customer of Mfet-Ed, straints Imposed by GPU on their develop- bo scheduled before the spring of 1972.
asserts that it has requested an arrangement ment of competitive bulk power supplies.
for the use of GPU generation and transmis- The Wheeling and Supplemental Power
Agreement which Penelec and Met-Ed have 1 Wlth GPU consent Allegheny sells 50 kvv.
sion facilities similar to the arrangement to New York State Electric and Gas Corp.
that GPU has -with Allegheny. This would each entered with Allegheny places re3tric-
tions on the resale of both PASNY and sup- under a long-standing arrangement whereby
have enabled Middletown to seek a, share the latter serves at retail a number of the
in PASNTY power. It claims that GPU denied plemental power sold and delivered to Alle-
gheny. With one exception neither Allegheny members of Claverack Rural Electric Coop-
the request. Il addition, Middletown indi- erative (an Allegheny member).
cates that It has attempted to negotiate for nor Its members may make any such power
available to any other utility system for re- DTwo of GPU'a wholesle power contracts
other sources of lower cost bulk power, which with municipsla aL c.tsrn restrictive pro-
would involve use of GPU's transmission visions. Penele:'G contract with the Borough
lines for delivery. GPU allegedly has refused
'The Seneca pumped-storage units had of Smethport also contains provisions against
to realistically discuss use of its lines for any resale of purchased power, except as
this purpose. PAIUA indicates that it. too. originally been Initiated In 190 by GPU and
the coons as a jointly owned undertaking. provided In the tariff schedule, without the
has been unsuccessful in its requests to written consent of Penelec, and against use
GPO and other major utilities for either par- Allegheny claims that it withdrew because
the arrangements required purchase of all of any other source of power In conjunction
ticipation in generation facilities or wheeling with Penelec's without the written consent
of bulk power purchased elsewhere. On the its sunplemental power from GPU at unfav-
orable rates and it had meanwhile learned of of the latter. 'Met-Ed's contract with the
other hand, GPU denies knowledge of any Borough of Middletow'n prohibits Middle-
such requests. It represents that if. apart the availability of substantially larger
amounts of PASNY power than would have town's use of purchased power to compete
from casual conversation, a serious request In the supply of electric service to any exist-
had been made, it would have been given been provided by Its projected small owner-
ship in Seneca. Ing customers of Met-Ed.
serious consideration.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19714 NOTICES
Therefore you may wish to consider, at the 1958, as amended (the Act), a document pend upon tax and other considerations.
time you are prepared to schedule a hearing, consisting of a preincorporation agree- To the extent that the selected Jurisdic-
requesting further advice from us as to the ment, a certificate of incorporation and
necessity of an antitrust hearing In the light
tion may require change In any of the
of subsequent developments.
the bylaws of the International Air provisions of the agreement as a whole
Charter Association (IACA), a newly- to comply with local law, the parties have
[FR Doc.71-14807 Filed 10-8-71;8:45 am]L formed organization of United States and consented to such changes.
foreign supplemental carriers.1 Under the bylaws active members, In-
The stated purposes of IACA, accord- ter alia, must be air carriers authorized
ing to the preincorporation agreement, by their respective governments (mem-
CIVIL AERONAUTICS BOARD are as follows:
(1) To promote increased understand-
bers of the International Civil Aviation
Organization) to engage In International
[Docket No. 225051 ing and recognition of the benefits to be charter air transportation, which have
FRONTIER AIRLINES, INC. derived from international air charter for a period of 24 consecutive months
operations and of the needs to broaden immediately prior to their application for
Notice of Hearing Regarding Amenc- the base of air travel through encourage- membership demonstrated their ability
ment of Certificate With Respect to ment of charter air service; to maintain an acceptable standard of
Duncan, "Oklahoma (2) To improve the quality of interna- direct operation of aircraft In excess of
Notice is hereby given, pursuant to the tional air charter services;
(3) To develop increased communica-
12,500 pounds gross weight, and which
provisions of the Federal Aviation Act of tion and cooperation among interna- are not members of any International as-
1958, as amended, that a hearing in the tional air charter carriers and between sociation or organization of scheduled
above-entitled proceeding will be held on such carriers and the international avia- air carriers, or any subsidiary organiza-
October 28, 1971, at 10 a.m., local-time, tion community; tion of like type, or are not subsidiaries
in the Associate District Courtroom, of scheduled air carriers which are mem-
(4) To promote air safety in general; bers of the International Air Transport
Stephens County Courthouse, Duncan, and
Okla., before the undersigned examiner. Association (IATA).
(5) To participate in international Upon two-thirds vote by the active
For information concerning the issues c-nferences and join international orga- members, associate members may be ad-
involved and other details in this pro- nizations with the aim of promoting the mitted to IACA. Such associate members
ceeding, interested persons axe referred foregoing purposes. would include those air carriers operat.
to the prehearing conference report The preincorporation agreement pro- ing scheduled services in addition to their
served on September 13, 1971, and other vides that there shall be an International charter business who are members of
documents which are in the docket of Policy Board (board of directors) con- IATA; air carriers which are subsidiaries
this prbceeding on file in the Docket sisting of one representative elected by of IATA air carriers or are otherwise de-
section of the Civil Aeronautics Board. each stockholder plus an additional di- pendent on IATA air carriers; and na-
Dated at Washington, D.C., October 4, rector elected by the other directors; and tional associations representing the char-
1971. that there shall be an executive com- ter airline Industry. Associate mem-
mittee consisting of at least- four direc- bers may not hold stock or vote at an-
[SEAL) W'L.IA,! H. DAPPER, tors, including the chief executive officer nual or special meetings of the Associ-
Hearing Examiner. of the Association, with full power to act ation; participate or vote at annual or
[FR Doc.71-14876 Filed 10-8-71;8:51 am] for the Policy Board between meetings. special meetings of active members; or
Each member of the Policy Board will be attend, participate in or vote at meet-
[Docket No. 22362]
entitled to one vote, a majority of the ings of directors
Policy Board will constitute a quorum, Otherwise, the bylaws provide for the
ON-ROUTE CHARTER AUTHORITY OF and a majority vote of the members pres- International Policy Board, discussed
FOREIGN AIR CARRIER PERMITS ent may transact all business presented above, which Is charged with the respon-
except as may otherwise be provided by sibility of managing the property and af-
Notice of Oral Argument statute or the bylaws. fairs of IACA, including the selection of
The authorized capital stock of the
Notice is hereby given, pursuant to the company officers of IACA; procedures for resigna-
provisions of the Federal Aviation Act of Each party will consist of 100,000 shares. tion and for expulsion; meetings of mem-
to the agreement will be- bers; and finances.
1958, as amended, that oral argument in come a member of IACA and must pur-
the above-entitled matter is assigned to chase, when required by the Policy Board, The Aviation Consumer Action Project
be held before the Board on October 20, 1,000 shares of the capital stock of the (ACAP) has filed comments urging the
1971, at 10 a.m., local time, In Room 1027, company for the sum of $1 per share. Board to disapprove the IACA agreement
Universal Building, 1825 Connecticut Subsequent members will be required to and to Institute an Investigation into the
Avenue NW., Washington, DC. activities of NACA which was instru-
purchase a like amount of capital stock mental in formulating the IACA agree.
Dated at Washington, D.C., October 6, and shall meet the qualifications set ment. The parties to the IACA agreement
1971. forth in the bylaws as a condition prec- have filed an answer stating that the
edent to membership. The parties have contentions of ACAP are without merit
[SEAL] RALPH L. WISER, agreed to appoint the National Air Car-
Chief Examiner. rier Association (NACA) as their at- and urge the Board promptly to approve
FR Doe.71-14875 Filed 10-8--71;8:50 am] torney-in-fact to file the agreement and the agreement.
to seek approval thereof by the Board. ACAP contends that the parties to the
Jurisdiction of the company's forma- agreement engaged In Intercarrier dis-
[Docket No. 23644; Order 71-10-141 cussions preliminary to the agreement to
tion has not been selected and will de-
INTERNATIONAL AIR CHARTER
IThe members of IACA are as follows: The rights of associate members are lim-
ASSOCIATION
Luftverkehrsunternehemen Atlantis A.G.; ited to attendance at annual or special meet-
Order of Tentative Approval Britannia Airways, Ltd.; Capitol Interna- ings of members and to participate In in-
tional Airways, Inc.; Donaldson Line (Air formal activities of IACA, Including, but not
Adopted by the Civil Aeronautics Services) Ltd., doing business as Donaldson limited to, meetings or discussions concern-
Board, at its office in Washington, D.C., 'International Airways; Euralair; Overseas Ing Improved safety procedures, maintenance
National Airways, Inc.; S.A. De Transport of aircraft, substitute service, scouring of
on the 4th day of October 1971. Aerien (SATA); Saturn Airways, Inc.; Span- landing and uplift rights or otherwise relat-
On July 20, 1971, there was filed for tax, SA.; Sterling Airways A/S; Trans Inter- Ing to the improvement, of charter air serv-
national Airlines, Inc.; Transavia Holland; ices, Such attendance and participation Is
prior Board approval pursuant to-.sec- Universal Airlines, Inc.; and World Airways, to be only at the Invitation of the president
tion 412 of the Federal Aviation Act of Inc. of IACA.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19715
form the organization without first ob- poses could be achieved without IACA; The Board has carefully considered the
taining Board approval of such discus- that the organization will impose re- comments and reply comments and finds
sions; and that the carriers have no straints on free competition by reason of no cause at this time to grant the request
general immunity and authority to en- the membership requirements, dues and of ACAP that the agreement be disap-
gage in discussions among themselves special assessments; and that the agree- proved or that an investigation be in-
and with foreign air carriers without ment gives no assurance that the car- stituted into the activities of NACA which
first obtaining Board approval. Further, riers will abstain from discussing such culminated in the formation of IACA.
ACAP contends that the supplemental mattbrs as capacity, market sharing. Rather, we have decided to grant tenta-
carriers have not established any neces- rates and fares, and other economic and tive approval of the agreement subject
sity for a private international organiza- commercial aspects of air charter service. to the conditions hereinafter discussed 5
tion; and that the history and growth of IACA rejects the foregoing contentions We shall, however, comment on several
the supplemental industry testify to the as baseless stating that the Board relin- of ACAP's contentions.
absence of any such necessity since these quishes nothing by approving the agree- First, we note that ACAP contends
carriers have successfully competed ment; that the foreign charter carriers thit the parties to the agreement en-
among themselves, as well as against the and their governments will not acquire gaged illegally in discussions preliminary
international scheduled carriers, largely authority to prescribe U.S. charter poll- to the agreement. While the Board has
because of their freedom from the cies, and that all of the prospective for- traditionally assumed jurisdiction over,
"monopolistic restraints" of an industry eign carrier members of IACA are pri- and on many occasions has permitted,.
trade association. In this context ACAP vately owned, not owned by foreign intercarrier discussions of such matters
indicates that before the Board can governments. As to the "vagueness" of as scheduling at congested airports, re-
grant antitrust immunity there must be the agreement, IACA states that the duction of capacity in certain markets,
a showing that the agreement is "re- goals or purposes of the organization are air freight rules, baggage rules and prac-
quired by a serious transportation need set out as specifically as possible given tices, and a number of other subjects,
or in order to secure important public the wide-ranging role intended; and that subject to close monitoring by the Board,
benefits."' the intended goals could not be otherwise It has not in the past assumed jurisdic-
IACA has responded that there is no achieved. With respect to membership tion over discussions which may have led
merit to the foregoing allegations; that it IACA believes that it is not unreason- to the formation of trade associations of
is only where intercarrier discussions able for an organization of charter air- the typa contemplated here.! Indeed, no
relate to terms and conditions of service lines to require that an applicant have showing has been made in this instance
or other matters affecting competition, at least some record of experience- and that discussions preliminary to formation
that Board approval is necessary; and responsibility in the operation of large of the organization related to terms or
that ACAP has misconceived the Board's aircraft. On the subject of dues and conditions of service or other matters af-
"accepted practice." Further, it states assessments, IACA notes that every car- fecting competition; or that prior Board
the Act does not impose a burden on the rier, large and small, would have equal approval of the dis.ussions otherwise was
agreeing carriers to establish affirma- representation on the Policy Board and appropriate or necessary under the stat-
tively the "necessity" for the proposed it is likely that the small rather than the ute or pursuant to Board policy. Thus,
agreement; and that the "Local Cartage" large carriers will hold the balance of we are unpersuaded on the basis of the
rule is inapposite since it applies only power, thus obviating any exorbitant facts before us that such discussions as
to agreements "plainly repugnant to dues and assessments against small air- may have been held among the parties
antitrust principles." In any event, the lines. As to the absence of express assur- to the agreement are inconsistent with
airlines believe that the organization of ance in the text of the agreements that established antitrust principles, or with
IACA is essential since the supplemental the agreeing carriers will abstain from previous Board actions with respect to
carriers are "step-children" of the inter- fixing prices, dividing markets, etc., the formation of trade associations.
national aviation community, are un- IACA believes that it Is enough to say We have noted ACAP's general con-
protected by any bilateral agreement, that Board approval would not authorize tention that a need for the international
-have been subjected to arbitrary, dis- any such conduct. organization has not been established
criminatory and restrictive landing Finally, ACAP ouestions the role of since the carriers have already success-
rights practices by foreign governments, NACA in formulating the IACA agree- fully competed among themselves and
and have been without a voice in inter- ment indicating that such activities are against the scheduled carriers; and that
national forums, such as ICAO. beyond its scope of authority granted no showing has been made that the
ACAP believes that approval of the by the Board. ACAP believes the Board agreement is "required by a serious trans-
agreement would be tantamount to the should initiate an investigation into this portation need or in order to secure im-
Board's surrendering its regulatory and other "questionable" activities of portant public benefits." We accept in
powers to other governments by permit- NACA before any examination of the general the carriers' contentions as to
ting foreign charter carriers and their merits of the agreement under considera- the desirability for the international
governments to acquire authority to tion. body and believe that It will provide a
prescribe charter policies for the U.S. IACA submits that there is no basis for proper forum for consideration of prob-
Government even against the wishes of the implication that NACA's role In the lems of mutual concern to the member-
U.S. carriers who constitute a minority in formition of IACA is improner since the ship. We wish to emphasize, however.
IACA. It also believes that the agree- NACA carriers are actively interested in that the activities of IACA, like other
ment is overly vague and is not a prdper the formation of an international asso- trade associations, would be closelymoni-
subject for Board consideration, stating ciation because they have suffered at the tored through the conditions proposed
that the agreement does not inoieate the hands of foreign governments (e.g., in the herein, and that any future discussions
rationale for IACA's proposed activities area of landing rights) and see an urgent which normally would fall within the
or functions; that the major stated pur- need to promote greater acceptance of Board's Jurisdiction certainly would re-
their services in foreign countries. NACA quire prior Board approval. As to appli-;
3Without specifically citing the particular and its attorneys, IACA states, have filed cation of the "Local Cartage" principle
cases. ACAP refers in general terms to Bloard apd sought approval of the agreement to the "need" for the agreement, we are
approval for discussions on air freight claim because, pursuant to the agreement, the unable to conclude that ACAP has shown
and liability rules and practices, and on re- carriers apuointed NACA as their attor-
duction of capacity. See Airline Aereements ney in fact.
on Air Freight Tariff, Liability, Claims and No other comments have been received. aInterested perzons wil be given the op-
Credit Rules. Order 68-8-18. Aug. 6, 1968,
Upon consideration thereof, the Board portunity to file comment, on the approval
and application of Trans World Airlines, Inc.,
-find- that the agreement constitutes a tentatively granted herein (cee infra. p. 12).
to Engage in Capacity Reduction Discussions, iCr. Air Freight Forwarder ASSOCIation,
Order 71-3-71, March 11, 1971. cooperative working arrangement among Order E-18818. Sept. 21. 1962: National Air
'Local Cartage Case, 15 CAB 850, 853 air carriers and foreign air carriers af- Taxi Conference. Order E-19008, Nov. 14.
(1952). fecting air transportation, and, accord- 1962: and National Air Carrier Association.
6Ibid. ingly, is subject to section 412 of the Act. Order E-19232, Jan. 25, 1963.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19716 NOTICES
that the agreement is repugnant to estab- ciation, thereby delaying the Board's of its International Policy Board, or de-
lished antitrust principles and, therefore,consideration of matters involving the cisions of arbitrators which result in a
that the parties would be required to organization. The Board does not believe refusal of membership, the expulsion of
make the requisite showing. that such a claim is appropriate, particu- a member, or other disciplinary action.
It is unclear how approval of the agree-larly where the members of an associa- The names of the carrier parties to the
ment would tend to result, as contended tion enjoy relief from the antitrust laws proceedings which are the subject of such
by ACAP, in a surrender by the Board by virtue of action by the Board under opinions, reports, and decisions may be
of its regulatory powers over U.S. char- section 412 of the Act. In brief, it Is the deleted therefrom for the purpose of this
Board's intention that the association
ter activities. Nevertheless, it is our view paragraph;
that the Board relinquishes nothing in will conduct its affairs in such a manner 7. That IACA shall maintain full and
this respect through approval of the as to preclude any claim of confidential- complete minutes of meetings of Its In-
agreement. In any event, should unfore- ity, based on attorney-client privilege, ternational Policy Board and of its gen-
seen developments arise which would which would inhibit the Board's inspec- eral membership;"
even hint at such a result, the Board has tion of records of the association. And 8. That the air carrier members of
the power under section 412 of the Act the Board will so condition its approval IACA shall file the agenda for such meet-
to later disapprove the agreement should herein. Finally, since the objectives and ings and the minutes thereof with the
It be found to be adverse to the public powers of IACA heretofore described, Board with thirty (30) days after the
interest or in violation of the Act. cover a broad range of activities with few meeting."
We have very carefully considered specific limitations, the Board will pro- 9. That the air carrier members of
ACAP's remaining comments and find vide that approval of the instant agree- IACA shall file with the Board a true
them unpersuasive as justification for ment does not constitute approval of any copy, or if oral, a true and complete
disapproval of the agreement or institu- action taken pursuant thereto. memorandum of any public relations
tion of an investigation of NACA's par- Upon consideration of the foregoing,
the Board tentatively finds that the
program authorized or adopted by the
ticloation in the formation of IACA. International Policy Board or members,
Turning now to specific provisions in agreement is not adverse to the public
interest or in violation of the Act, and within thirty (30) days after such
the agreement meriting comment, the adoption;
Board notes that in order to qualify for should be approved if such approval is
active membership in the organization, made subject to the following conditions: 10. That IACA shall so conduct Its af-
among other things, a carrier must have 1. That any U.S. supplemental air car- fairs as to preclude it, its officers or em-
demonstrated for a period of at least 24 rier may become a member of IACA upon ployees, from engaging in the practices of
months immediately prior to its appli- application as a matter of right without law, In such manner as to create a claim
cation for membership its ability to meeting the requirement that it demon- of privilege against disclosure to the
maintain an acceptable standard of di- strate its ability for a period of 24 months Board of information or documents based
rect operation of aircraft in excess of prior to such application to maintain an upon an alleged attorney-client relation-
12,500 pounds gross weight. In our view acceptable standard of direct operation ship between It, its officers or employees,
this requirement is unduly restrictive of aircraft in excess of 12,500 pounds on the one hand, and Its members, on the
from the standpoint of recognized anti- gross weight; other." Nothing in this condition, how-
trust principles. The time aspect of this 2. That within 10 days after final in- ever, shall prevent attorneys employed
requirement would seem to serve no use- corporation thereof IACA shall file noti- or retained by IACA from rendering con-
ful purpose with respect to, and might fication thereof, and any modification of fidential legal advice to, and accepting
foster possible prejudicial treatment of, the agreement resulting therefrom, in- confidential communications in connec-
a U.S. air carrier applicant fully quali- cluding a certified.copy of the certificate tion therewith from, officers or employees
fied in all other respects. We intend of incorporation, the articles of associa- of IACA or its instrumentalities, or indi-
therefore to condition our approval so as tion, and the bylaws; and subsequently, vidual members of Its various committees,
to permit membership in the organiza- any.amendments thereto, within 10 days etc., with respect to the activities of TACA
tion by any U.S. supplemental air carrier of adoption; or its instrumentalities or of such com-
as a matter of right upon meeting 3. That the air carrier members of mittees, etc., or shall prevent IACA from
the remaining requirements of the* IACA shall advise the Board within 30 asserting attorney-client privilege with
agreement. days after acceptance thereof of the respect to any such communication:
We note further that IACA will be* name, business activity, and address of Provided, That the procedures herein-
incorporated either under the laws of any person becoming an associate mem- after called for have been followed, IACA
Switzerland or in the United States ber of IACA; shall promptly establish standard pro-
under the laws of the State of Delaware. 4. That the U.S. air carrier members of cedures for the handling of written docu-
Should it be incorporated in Switzerland IACA shall submit to the Board all rec- ments and communications as to which
we except that any revision in the agree- ommended practices, agreements, and IACA desires to preserve its asserted
ment, certificate of incorporation and/or resolutions adopted by IACA and/or its right to claim attorney-client privilege,
bylaws will be submitted for Board ap- International Policy Board, or any com- and shall report such procedures and all
proval.7a Any interim approval in this mittee established pursuant to the subsequent revisions thereof to the
proceeding will be subject to final re- bylaws. Board. Such procedures shall provide for
view and approval of these documents. at least the following:
5. That the air carrier members of
In addition to the foregoing, and in IACA shall file with the Board within (a) Any document which is claimed to
order that the Board may be currently fifteen (15) days of adoption, a copy of be confidential by reason of an asserted
informed of the manner in which IACA detailed procedures adopted for han- attorney-client privilege shall be
is conducting its affairs, we will require dling the arbitration of matters made promptlyidentified, so marked, and seg-
the submission of minutes of meetings, subject to arbitration; regated. This shall be done within 60 days
statements of disciplinary action and/or of the creation of such document or its
6. That the air cirrier members of
arbitration relating thereto, and a report IACA shall file with the Board within
of any public relations program adopted.* thirty (30) days of preparation-copies 0Such minutes shall contain, inter alla, a
In this connection, the Board's experi- of written opinions and reports or actions summary of the discussion identifying each
ence has been that claims by an air particlpant on each matter, regardless of the
carrier association of attorney-client action, or lack of action taken thereon.
privilege restrict the Board's access to 'See Docket 10281. In the matter of the " The filing of minutc will not relieve
documents in the possession of the asso- inspection and review of the activities of the TACA from the requirement for filing vepa-
Air Transport Association of America and its rately contracts and agreements subject to
instrumentalities, particularly Order E-15360 section 412 of the Act.
7a In any event, we shall require that theret denying motion to quash subpena and Order "1Such restriction is not intended to pro-
be filed with the Board a certified copy of the F-15486 denying reconsideration. hibit the participation of an association in
certificate of incorporation, and -the articles " This requirement does not relieve the a Board proceeding pursuant to the provi-
of association and bylaws, and any amend- parties from complying with the provisions sions of Part 263 of the Beard's Economio
ments thereto. of section 412 of the Act. Regulations.

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 197

receipt by 1ACA, as the case may be. As [Docket No. 22628; Order 71-9-891 The agreement, adopted pursuant-to
to documents heretofore created, it shall INTERNATIONAL AIR TRANSPORT unprotested notices to the carriers and
be done within 90 days after imposition promulgated in IATA letters dated Sep-
of this condition. ASSOCIATION tember 16, September 20, and Septeni-
(b) All such documents which IACA Order Regarding Fare Matters ber 27, 1971, names additional rates
elects to keep in its possession or control under existing and new commodity de-
shall be kept in a separate file or files in Issued under delegated authority scriptions. These rates, which reflect sig-
the charge of an appropriate principal September 24, 1971. nfleant reductions from the general
officer of IACA or of its legal staff. An agreement has been filed with the cargo rates, are set forth in the attach-
(c) The air carrier members of IACA Board, pursuant to section 412(a) of the ment hereto.
shall quarterly report to the Board how Federal Aviation Act of 1958 (the Act) Pursuant to authority duly delegated
many documents have been segregated in and Part 261 of the Board's Economic by the Board in the Board's Economic
the above-described confidential files. Regulations, between various air carriers, Regulations, 14 CFA 385.14, it is not
(d) Upon request of the Board, IACA foreign air carriers, and other carriers, found, on a tentative basis, that the sub-
shall furnish the Board with a list of all embodied in the resolutions of Tramic ject agreement is adverse to the public
documents so segregated, such list to give Conference 1 of the International Air interest or in violation of the Act, pro-
the date, author, and addressee of each Transport Association (IATA). The vided that eventual approval thereof is
document or communication, and as de- agreement, which was adopted pursuant conditioned as herein ordered.
tailed a description of its contents as to the provisions of Resolution 072 deal- Accordingly,it is ordered,That:
preservation of confidentiality will ing with the establishment of special Action on Agreement CAB 22332, 1-29
permit. creative fares within the Westem Hemi- through R-36, be and hereby is deferred
sphere, has been assigned the above- with a view toward eventual approval,
11. That IACA and its air carrier mem- designated CAB agreement number. provided that approval shall not con-
bers agree that the Board and its au-
thorized agents shall have aces to and The agreement, as proposed by Aero- stitute approval of the specific com-
authority to inspect all accounts, records, naves de Mexico, would establish a modity descriptions contained therein
and memoranda, including all docu- round-trip 5/21-day excursion fare be- for purposes of tariff publication: pro-
ments, papers, and correspondence be- tween Phoenix and Ciudad Obregon at vided further that tariff filings shall be
longing to or in possession of IACA, other a level of $60, which provides a reduction marked to become effective on not less
than documents, papers, and correspond- of about 25 percent from the currently than 30 days' notice from the date of
ence segregated in accordance with the effective round-trip economy-class fare. filing.
procedures specified by paragraph 10 of Pursuant to authority duly delegated Persons entitled to petition the Board
this order: Provided, however, That the by the Board in the Board's regulations. for review of this order pursuant to the
Board shall have access to and authority 14 CFR 385.14, It is not found, on a ten- Board's Regulations, 14 CFA 385.50, may,
to inspect all such segregated materials tative basis, that the subject agreement within 10 days after the date of service
except those which are in fact legally is adverse to the public Interest or in of this order, file such petitions in sup-
privileged against disclosure by reason violation of the Act. port of or in opposition to our proposed
of an attorney-client privilege which Accordingly, it is ordered, That: action htreln.
1ACA (or, as to documents heretofore Action on Agreement CAB 22681 be This order will be published in the
created, a member of IACA) is entitled and hereby is deferred with a view to- FERAL REGISTER.
to assert. ward eventual approval.
In its final order in this proceeding the [SEAL] HARRY J. ZINK,
Persons entitled to petition the Board Secretary.
Board will retain jurisdiction for the for review of this order, pursuant to the
purpose of imposing such further con- ,Board's Regulations, 14 CFR 385.50, may, [FRDoc.71-14879 Filed 10-8-71;8:51 aml
ditions as it may from time to tfe find within 10 days after the date of service
to be required in the public interest, and of this order,-file such petitions in sup- [Docket No. 11278, etc.; Order 71-10-271
will preclude its approval from constitut- port of or in opposition to our proposed
ing authority to IACA for the discussion action herein. NEW YORK-SAN JUAN CARGO
of rates and fares. RATES INVESTIGATION
Accordingly, it is ordered, That: This order will be published In the
FEDERAL REGISTER. Order To Show Cause
1. Action on-Agreement CAB 22545 be
and it hereby is deferred for a period [sEAL] HARRY J. Znnc, Adopted by the Civil Aeronautics
of thirty days to permit the filing of Secretary. Board, at its Office in Washington, D.C.,
comments by interested persons- ela- [FR Dac.71-14880 Fied 10-8-71;8:51 am] on the 6th day of October 1971.
tive to the Board's tentative decision Following -n investigation, Docket
herein; ' and" 11278 et al. the Board issued Order E-
2. A copy of this order shall be served INTERNATIONAL AIR TRANSPORT 23431, decided March 28, 1966,1 estab-
on all supplemental air carriers, IACA, ASSOCIATION lsbing minimum general commodity
the Department of Justice, and the rates between New York, Newark, Phila-
ACAP. Order Regarding Specific Commodity delphia, Baltimore, and Washington, on
Rates the one hand. and San Juan, P.R., on the
This order shall be published in the
Issued under delegated authority Oc- other. The order also established, inter
FEDERAL REGISTER. alia. (1) minimum specific commodity
By the Civil Aeronautics Board. tober 4, 1971.
rates for any quantity of printed matter
An agreement has been filed with the (books, Braille type machinery, catalogs,
[SEAL] HARMY J. ZnIM, Board pursuant to section 412(a) of the
Secretary. newspapers and periodicals) at 50 per-
Federal Aviation Act of 1958 (the Act) cent of the minimum general commodity
[IF floc.71-14878 Filed 10-8-71;8:51 am] and Part 261 of the Board's Economic rates for shipments less than 100 pounds,
Regulations, between various air car- (2) a minimum charge of $7 per ship-
riers, foreign air carriers, and other car- ment, (3) a cube rule reflecting a mini-
Such comments shall conform w1th the riers, embodied in the resolutions of the
general requliements of 'the Board's Rules of Joint Conferences of the International mum weight of 7.3 pounds per cubic foot,
Practice in Economic Proceedings (14 CAB Air Transport Association (IATA) and
302). Further, snce an opportuntty to file - I The effectivene-s of thl order was stayed
comments is provided for, pettons for re- adopted pursuant to the provisions of by Order F-23582. but It was made effectfve
bonsideraticon of tls order will not be Resolution 590 dealing with specific com- In modified form on reconsideration by Order
entertained. modity rates. E-23840, JurIe 21, 1966.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19718 NOTICES
and (4) a requirement that the carriers In our opinion, the New York-San In view of all relevant circumstances,
not publish or participate in through or Juan market now appears stabilized and notice is hereby given that the Board
proportional joint rates lower than the no rate war appears probable in the near proposes:
above minimums. future. We base our conclusion in part (1) To revoke the orders set forth in
The above order provided that the on the fact that the rates published in ordering paragraph 1,
Board would retain jurisdiction to modify the carriers' tariffs for bulk shipments (2) To terminate the "New York-San
or revoke it without further hearing. We are significantly above the minimums Juan Rate Investigation," Docket 11278
now2propose to revoke this order as modi- prescribed by the Board. The carriers et al.
fied. Interested persons will be given an have filed two increases since the Issu- Accordingly, pursuant to the Federal
opportunity to file answers in support of, ance of the minimum rate order: (1) 1 Aviation Act of 1958, and particularly
or in opposition to, this proposal. cent per pound effective November 1 and sections 204(a) and 1002 thereof,
The order has been modified several 6, 1969, at all weight breaks, except at It is ordered, That:
times to permit discounts for container- the 5,000-pound break, where the 1. Interested persons are hereby di-
ized shipments without hearing, in con- increase was 0.5 cent (Order 69-10-144), rected to show cause why Orders
sideration of the power the Board re- (2) effective May 1, 1971, for Pan Ameri- E-23431, decided March 28, 1966; Z-
served in the original minimum rate can and May 19 for other carriers, addi- 23840, June 21, 1966; and 11-2-81, Febru-
order and the fact that no hearing was tional increases of 2 cents per pound for ary 17, 1971 (including the orders super-
requested by any party (Orders 69-4-32, shipments below 1,000 pounds, and 1 seded thereby), should not be revoked.
April 4, 1969; 70-2-97, February 24, 1970; cent per pound for shipments of 1,000- 2. Interested persons are granted a
70-4-138, April 28, 1970; and 70-7-23, 2,999 pounds and of 5,000 pounds and period of 30 days from the date of this
July 6, 1970). These orders were super- above; no increase was filed at the 3,000- order to file answers in support of, or In
seded by Order 71-2-81, February 17, pound weight break. The current bulk opposition to, the Board's proposal,
1971, which contains a complete sched- rates are typically between 12 and 18.8 This order will be published
ule of modifications to the basic orders percent above the prescribed minimums In the
as related to container traffic. with the rate for only one weight break, FEDERAL REGISTER.
In its basid minimum rate decision, that at 3,000 pounds, involving a lower By the Civil Aeronautics Board.
Order E-23431, supra, the Board ex- increase, 7.7 percent.
pressed its concern that minimum rates We also note that, except for petitions [SEAL] HARRY J. ZINIC,
would reduce the flexibility of carrier filed to permit reductions on mail bags Secretary.
management in the establishment of and container discounts, the carriers [FR Doc.71-14881 Filed i0-8-71;8:61 am]
rates. We stated: have made no- requests to modify the
Experience indicates the importance of minimum rate order.4 Prior to that order,
a 8ubstantial volume of freight traffic in
relieving the air carriers of the burden of
operating under a minimum rate order as
soon as possible in the circumstances of each
the San Juan market moved under spe-
cific commodity rates. The order, estab-
FEDERAL MARITIME COMMISSION
case and allowing the carriers to resume their lishing minimum general commodity EPIROTIKI STEAMSHIP CO. AND
statutory responsibility fop establishing just rates, left the proceeding open to permit GEORGE POTAMIANOS LTD. S.A.
and reasonable rates for air transportation, prompt consideration of petitions to
subject to the Board's authority to suspend Notice of Application for Casualty
and investigate any tariff rates that appear to publish below-minimum specific com-
modity rates upon a demonstration that Certificate
be outside the zone of reasonableness.
Accordingly, we conclude that the mini- such commodities would not move under Security for the protection of the
mum rate order in this proceeding should the general commodity minimums, but public; financial responsibility to meet
remain in effect only so long as is necessary would move under specific commodity liability Incurred for death or Injury to
for the carriers and shippers to adjust them- rates As indicated, however, with the passengers or other persons on voyages.
selves to the new rate structure and for.the exception noted above, the carriers have
market to become stabilized.3 We have there- Notice is hereby given that the follow-
not attempted to file any rate reductions. ing persons have applied to the Federal
fore determined to make the order effective
for a specified period of time, pursuant to Finally, we believe that air carriers Maritime Commission for a certificate of
section 1005(a) of the Act. Although the should have the initial responsibility of financial responsibility to meet liability
record contains no indication of what a rea- filing rates, subject to the suspension and incurred for death or Injury to passon-
sonable period of applicability would be, we investigation powers that the statute gers or other persons on voyages pursu-
conclude that a 7-month period should be accords the Board0 ant to the provisions of section 2, Public
sufficient as a stabilization period. However,
since the parties have not addressed them- Law 89-777 (80 Stat. 1356, 1357) and
selves to this matter, careful consideration 4Trans Caribbean Airways, Inc., filed a .Federal Maritime Commission General
will be given to any petitions for reconsider- petition to permit the submission of a rate Order 20, as amended (46 CFR Part 640):
ation on this point. of 10 cents per pound for space-available
traffic, but this was withdrawn by American The Epirotikl Steamship Co., and George
A number of carriers petitioned for Airlines, Inc., as successor corporation. Order Potamanos Ltd. S.A., 2, Bouboulinas Sir,,
reconsideration of the above 7-month 71-7-16, July 1, .1971. The request for re- Piraeus, Greece.
limitation, essentially on the ground that duced rates on mail bags was denied by the Dated: October 6, 1971.
the rate war that resulted in the pre- Board,
5
Order E-26108, Dec. 12, 1967.
scription of minimum rates would be Subsequently. in its supplemental opin- FRANCIS C.HURINPY,
resumed. The Board thereupon revised ion and order on reconsideration, the Board Secretary.
amended the above provision to permit pub-
its decision, to make the minimum lication of below-minimum general commod- [F, Doc.71-14883 Filed 10-8-71;8:51 aml
rate order effective indefinitely, Order ity rates as well.
E-23840, June 21, 1966. We asserted, GCf. Order E-16432. Feb. 24, 1961, which EPIROTIKI STEAMSHIP CO. AND
however, that the traffic and revenue proposed revocation of the domestic min-
data required of the carriers would enable imum air freight rate orders then in effect. GEORGE POTAMIANOS LTD. S.A.
the Board to monitor the effect of the In that order the Board stated:
prescribed rate structure on the market "A basic premise underlying our proposal Notice of Application for Performance
and to determine when the market to revoke the minimum freight rates Is the Certificate
statutory concept that the initiation of rates
reaches sufficient stability to warrant should be a carrier function: that the exer- Security for the protection of the
vacating the order. cise of this function is restricted by the public; Indemnification of passengers for
existence of minimum rate orders; and that nonperformance of transportation,
2 Revocation of the minimum rate order as
the continuance of the existing minimum
rates is no longer necessary or desirable in
modified will result in revoking not only the the absence of Impending or actual rate present circumstances the Board and the
minimum rates and charges, but also carrier wars. We do not consider that revocation of industry can best Implement their respective
reporting requirements and other provisions. minimum rates would be a withdrawal by
Order E-23431, supra at 21-22 (footnote rate functions where the Board exerclse its
the Board from effective cargo rate regula- powers of investigation and suspension with
omitted). tion, but rather a determination that in the respect to specific tariff proposals."

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19719
Notice is hereby given that the follow- Westland, Hialeah, Fla., a proposed new Notice is hereby given that pursuant
ing persons have applied to the Federal bank. to the authority vested in me by the
Maritime Commission for a certificate of Section 3(c) of the Act provides that President under Executive Order 11575
financial responsibility for indemnifica- the Board shall not approve: to admlnster the Disaster Relief Act of
tion of.passengers for nonperformance of (1) Any acquisition or merger or con- 1970 (Public Law 91-606) I hereby ap-
transportation pursuant to the provisions solidation under section 3 which would point Mr.George E. Hastings, Regional
of section 3, Public Law 89-777 (80 Stat. result in a monopoly, or which would be Director, OEP Region 6. to act as the
1357, 1358) and Federal Maritime Com- in furtherance of any combination or Federal Coordinating Officer to perform
mission General Order 20, as amended conspiracy to monopolize or to uttempt the duties specified by section 201 of that
(46 CFRPart 540): to monopolize the business of banking in Act for this disaster.
The EpirotMki Steamship Co.. and George any part of the United States, or I do hereby determine the following
Potamianos Ltd. S.A., 2, Bouboulinas Str., (2) Any other proposed acquisition or areas in the State of Oklahoma to have
Piraeus, Greece. merger or consolidation under section 3 been adversely affected by the catas-
whose effect in any section of the coun- trophe declared a major disaster by the
Dated: October 6,1971. try may be substantially to lessen com- President in his declaration of Septem-
FaRcIs C. Hu iuqy, petition, or to tend to create a monopoly, ber 28. 1971:
Secretary. or which in any other manner would be The counties of:
[F Doc.71-14884 Filed 10-8-71;8:51 ami in restraint of trade, unless the Board
finds that the anticompetitive effects of Cotton. Osage.
Creek. Tulsa.
the proposed transaction are clearly out- Okmulgee. Wagoner.
INDEPENDENT OCEAN FREIGHT weighed in the public Interest by the
probable effect of the transaction in Dated: October 4,1971.
FORWARDER LICENSES
meeting the convenience and needs of G. A. LaNcOLN,
Applicants the community to be served. Director,
Notice is hereby given that the follow- Section 3(c) further provides that, in Office of Emergency Preparedness.
every case, the Board shall take into con-
ing -applicants have filed with the Fed- [FR Doc.71-14869 Filed 10-8-71;8:,0 am]
sideration the financial and managerial
eral Maritime Commission applications
resources and future prospects of the
for licenses as independent ocean freight company or companies
and the banks
forwarders, pursuant to section 44(a) of concerned,
the Shipping Act, 1916 (75 Stat. 522 and needs
46 U-S.C. 841(b)).
and the convenience and
of the community to be served. SECURITIES AND EXCHANGE
Not later than thirty (30) days after
Persons knowing of any reason why the publication
any of the following applicants should FEDERAL
of this notice in the
REGISTER, comments and vlews
COMMISSION
not receive a license are requested to 1812-30221
regarding the proposed acquisition may
communicate with the Director, Bureau be filed
with the Board.Communications CALIFORNIA TAX-EXEMPT BOND
of Certification and Licensing, Federal should
be addressed to the Secretary, FUND
Maritime Commission, Washington, D.C.
Board of Governors of the Federal Re-
20573. serve System, Washington, D.C. 20551. Notice of Filing of Application for
Timothy F. Kane, 25 Southeast Second Ave. The application may be inspected at the Order of Exemption
nue, Miami, FL 3131. office of the Board of Governors or the
Larry Dean Tonsager, 800 Northwest Sixth Federal Reserve Bank of Atlanta. OcTomE 4, 1971.
Avenue, Portland, OP. 9720. In the matter of California Tax-
Agencia Maritima Y Comercial (New York) 'Po'rd of Governors of the Federal
Inc., 500 West 184th Street, New York, NY. Reserve System, October 4, 1971. Exempt Bond Fund (Series 1 and subse-
quent series), c/o California Tax-Exempt
OFPIcEaS [SEAL] TYNAN SM=, Bond Funds, Inc, Russ Building, San
Alfonso Arias, President. Secretary of the Board. FranicLco,Calif. 94104.
Hector Viniclo Mella, Chairman of the Board. Notice Ishereby given that California
Alfredo George, Vice President. [FR Doc.71-14809 Filed 10-8-71;8:45 am]
Amilcar Duvigneaud, Treasurer. Tax-Exempt Bond Fund (Applicant), a
Pedro V. Alayerbo1 Secretary. unit investment trust registered under
the Investment Company Act of 1940
Dated: October 6, 1971.
By the Commission
OFFICE OF EMERGENCY (Act), has filed an application pursuant
to section 6(c) of the Act for an order
FRAcIs C. Hu-EY,
Secretary.
PREPAREDNESS of the Commission exempting Applicant
from compliance with the provisions of
section 14(a) of the Act. All interested
[FRt Doc.71-14885 Filed 10-8-71;8:51 am] OKLAHOMA. persons are referred to the application
Notice of Major Disaster and Related on file with the Commission for a state-
ment of the representations therein,
Determinations which are summarized below.
FEDERAL RESERVE SYSTEM Pursuant to the authority vested in
me by the President under Executive
Applicant includes Series 1 and all sub-
UNITED BANCSHARES OF FLORIDA, sequent series named California Tax-
Order 11575 of December 31, 1970; and Exempt Bond Fund. Each series will be
INC. by virtue of the Act of December 31, 1970, governed by a trust agreement under
Notice of Application for Approval of entitled "Disaster Relief Act of 1970" (84 which California Tax-Exempt Bond
Acquisition of Shares of Bank Stat. 1744); notice ishereby given that Funds,Inc, will act as sponsor and Title
on September 28, 1971, the President Insurance and Trust Co. wM act as
Notice ishereby given that application declared a major disaster as follows: trustee. The trust agreement for each
has been made, pursuant to seetion I have determined that tho damages in series will contain terms and conditions
3(a) (3) of the Bank Holding Company certain areas of the State of Oklahoma from of trust common to all series.Pursuant to
Act of 1956 (12 U.S.C. 1842(a) (3)), by heavy rains and flooding, beginning about each such trust agreement, the sponsor
United Bancshares of Florida,Inc.,which August 15, 1971. are of sufficient s.everlty and will deposit with the trustee between $2
is a bank holding company located in magnitude .to warrant a major di ter million and $20 million principal amount
Miami Beach,FIh, for prior approval by declaration under Public Law 91-COG. I there- of bonds for each series which the spon-
the Board of Governors of the acquisi- fore declare that such a. major disater exists
in the State of Oklahoma. You are to deter- sor shall have accumulated for such pur-
tion by applicant of 100 percent of the mine the specific areas within the State pose, and simultaneously with each de-
voting shares (less directors' qualifying eligible for Federal assistance under this posit will receive from the trustee reg-
shares), of United National Bank of declaration. istered certificates for between 2,000 and

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


1
19720 NOTICES

20,000 units, which will represent the is located more than 500 miles from the
entire ownership of the series. Applicant point of mailing), upon Applicant at the
address stated above. Proof of such serv-
DEPARTMENT OF COMMERCE
proposes to offer such units for sale to Office of the Socretary
the public and for this purpose a regis- ice (by affidavit or in case of an attorney-
at-law by certificate) shall be filed con- [Dept.Administratlvo Order 202-2941
tration statement under the Securities
Act of 1933 has been filed with respect to temporaneously with the request. At any OFFICIAL INFORMATION RELATING
Series 1 which has not yet become effec- time after said date, as provided by Rule
0-5 of the rules and regulations promul- TO PERSONNEL
tive. The trust agreement does not pro-
vide for the issuance of additional units. gated under the Act, an order disposing Availability
The proceeds of bonds which may be sold, of the application herein may be issued
redeemed or which mature will be dis- by the Commission upon the basis of the Correction
tributed to certificate holders, and not information, stated- in said application, In F.R. Doc. 71-14550 appearing at
reinvested. unless an order for hearing upon said ap- page 19414 In the Issue of Tuesday, Octo-
Units in each series will remain out- plication hall be issued upon request or ber 5, 1971, the bracket at the beginning
standing until redeemed or until the upon the Commission's own motion. Per- of the document should read as set forth
termination of the trust agreement, which sons who request a hearing, or advice as above.
may be terminated by 100 percent agree- to whether a hearing is ordered, will re-
ment of the unit holders of the particular ceive notice of further developments in
this matter, including the date of the
series, or, in the event that the value of
the bonds falls below $2 million at the hearing (if ordered) and any postpone- INTERSTATE COMMERCE
discretion of the trustee or upon the ments thereof.
direction of the sponsor. The trust agree-
ment must be terminated if the value of
For the Commission, by the Division of COMMISSION
Corporate Regulation, pursuant to dele-
the bonds falls below $1 million. In con- gated authority. ASSIGNMENT OF HEARINGS
nection with the requested exemption, [SEAL] RONALD F. HUNT, Ocoarsi 6, 1971,
the sponsor has agreed to refund any Cases assigned for hearing, postpone-
amount paid in as well as any sales load Secretary.
ment, cancellation, or ofal argument ap-
to purchasers of units, if within 90 days [FR Doc.71-14829 Filed 10-8-71;8:47 uim]
pear below and will be published only
after the registration of a series under once. This list contains prospective as-
the Securities Act becomes effective, the signments only and does not Include
net worth of that series shall be reduced
to less than $100,000, or if the series is
otherwise terminated. In addition, the
TARIFF COMMISSION cases previously assigned hearing dates,
The hearings will be on the Issues as
[TEA-F-361 presently reflected In the Official Docket
sponsor may maintain a secondary mar- of the Commission. An attempt will be
ket for units of Series 1 and subsequent DAVE ARONOFF SHOES, INC. made to publish notices of cancellation
series at prices in excess of the redemp- of hearings as promptly as possible, but
tion price as set forth in the trust agree- Petition for Determination of Eligibil- interested parties should take appropri-
ment, although the sponsor is not obli- ity To Apply for Adjustment Assist- ate steps to insure that they are notifled
gated to do so. ance; Notice of Investigation of cancellation or postponements of hear-
Section 14(a) of the Act requires that ings in which they are Interested.
a registered investment company (a) Investigation instituted. Upon petition
under section 301(a) (2) of the Trade Ex- No. 35311, Market Service Association v, The
have a net worth of at least $100,000 Atchison, Topeka and Santa Fo Railway
prior to making a public offering of its pansion Act of 1962, filed by Dave Aronoff Co., now assigned November 8, 1071, In
securities; (b) have previously made a Shoes, Inc., Los Angeles, Calif., the U.S. Room 1614, Everett McKinley Dlronea
public offering and at that time have had Tariff Commission on September 28, 1971, Building, 219 South Dearborn Street,
a net worth of $100,000; or (c) have instituted an investigation under section Chicago, IM.
made arrangements for at least $100,000 301(c) (1) of the said act to determine Investigation and Suspension Docket No.
to be paid in by 25 or fewer persons before whether, as a result in major part of con- M-25018, Foodstuffs, Florida Points to Chi-
cessions granted under trade agreements, cago, Ill.,
now u-igned November 10, 1071,
acceptance of public subscriptions. at the Offices of the Intertate Commerce
Section 6(c) of the Act provides, articles like or directly competitive with
women's and misses' footwear of the type Commission, Washington, D.C.
among other things, that the Commis- MC-C-7386, North Eastern Motor rolght,
sion, by order upon application, may produced by the aforementioned firm, are Inc. v. J.B. Montgomery, Inc., now assigned
conditionally or unconditionally exempt being imported into the United States in October 26, 1971, at Denver, Colo,, lacan-
any person from any provision or pro- such increased quantities as to cause, or celed.
visions of the Act or of any rule or reg- threaten to cause, serious injury to such MC 127511 Sub 6, Pratt's Dray and Storage,
firm. Inc., now assigned November 15, 1071, In
ulation thereunder, if and to the extent Room, 440 Federal Building, Fourth Floor,
that such exemption is necessary or ap- The petitioner has not requested a pub- Pierre, S. Dak.
propriate in the public interest and con- lic hearing. A hearing will be held on re- MC 10761 Sub 247, Transamerlcan Ielght
sistent with the protection of investors quest of any other party showing a Lines, Inc., now assigned November 1, 1071,
and the purposes fairly intended by the proper interest in the subject matter of at Washington, D.C., postponed to Novem-
policy and provisions of the Act. the investigation, provided such request ber 2, 1971, at the Offic s of the Interstate
Notice is further given that any inter- Is filed within 10 days after the notice Is Commerce Commission, Washington, D.C.
MC 39249 Sub 8, Marty's Expres, Inc., w-
ested person may, not later than Oc- published in the EDRAuL REGISTER. signed November 17, 1071, at Washington,
tober 26, 1971, at 5:30 p.m., submit to the Inspection of petition. The petition D.C., hearing canceled and application dia-
Commission in writing a request for a filed in this case is available for inspec- missed.
hearing on the matter accompanied by a MC 115162 (Sub-No. 212), Poole Truck Line,
statement as to the nature of his interest, tion at the Office of the Secretary, U.S. Inc., assigned November 29, 1071, In Room
the reason for such request and the issues Tariff Commission, Eighth and E Streets, T-90O7, Federal Building, 701 Toyola Ave-
nue, New Orleans, LA.
of fact or law proposed to be contro- NW., Washington, DC, and at the New MC 14552 Sub 39, J. V. MoNioholrz Tran.fer
ierted, or he may request that he be noti- York City office of the Tariff Commission Co., assigned October 21, 1071, tt Colum-
fied If the Commission shall order a hear- located in Room 437 of the Customhouse. bus, Ohio, Is postponed Indefinitely.
ing thereon. Any such communication MO 8768 Sub 35, Security Van Lines, Ine,,
should be addressed:r Secretary, Securi- Issued: October 6, 1971. ass-gned December 6, 1971, on the Ground
Floor Room T-1210, Federal Building, 701
ties and Exchange Commission, Wash- By order of the Commission. Toyola Avenue, Now Orleans, LA.
ington, D.C. 20549. A copy of such re- rsEALj KxNETH R. MAsoN. MO 135515, John A. Skrlba, now asigned
quest shall be served personally or by Sebretary. hearing November 11, 1071, at the Officei of
the Interstate Commerce CommIlion,
mail (airmail if the person being served iFR Doc.71-14854 Filed 10-8-71:8:48 aml Washington, D.C.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19721
MC-F 11262, Consolidated Frelghtways Cor- effectively closed by a strike of the Inter- or more from the quarterly rate pub-
poration of Delaware-Purchase (Por- national Longshoremen's Assoclation; lished in Treasury Decision 71-175 for
tion)-Lewisburg 'ITransfer Co., Inc., now that this labor disturbance has rendered the dates and countries indicated. There-
.assigned December 6, 1971. at the offices it impossible for said freight forwarder
of the Interstate Commerce Commission. fore, as to entries covering merchandise
Washington, D.C. to handle the traffic offered It so as exported on the dates and from the coun-
promptly to serve the public; that this tries listed, whenever It is necessary for
[SEAL] ROBERT L. OSWALD, emergency condition affecting said Customs purposes to convert such cur-
Secretary. freight forwarder is a matter beyond its rency into currency of the United States,
[FR Doc.71-14871 Filed 10-8-71;8:50 am] control calling for immediate and interim conversion shall be at the following daily
relief; that the authorization granted rates:
[Sec. 5a, Application 49, Amdt. 10] herein is required to best promote service Belgian franc:
in the interest of the public and the com- Sept. 22, 1971 ......--------- $0.0211143
CENTRAL AND SOUTHERN MOTOR merce of the people; that notice and Sept. 23, 1971 ........
----------. 0212176
CARRIERS subject procedure herein are Impractical Sept. 24, 1971 ----------. .0212882
and contrary to the public interest: and German deutxhe mark:
Application for Approval of that good cause exists for making this Sept. 23, 1971 ..........- .302025
Amendments to Agreoment order effective upon less than 30 days Sept. 24., 1.1 ............ .301783
Japanie yen:
notice; wherefore:
SEPTEMBER 17, 1971. It is ordered. That pursuant to sections
Sept 20, 1971 -------------- .00296500
The Commission is in-receipt of an Sept. 2r, 1971 .......... ---------. 00296443
1(16) and 420 of the Interstate Com- Sept. 22, 1971 -----....-----. 00296350
application in the above-entitled pro- merce Act, 49 U.S.C. 1(16) and 1020, the Sept. 23, 1971 ....------------. 00296500
ceeding for approval of amendments to C. S. Greene and Co., Inc., be and It is Sept. 24. 1971 -------------. 296750
the agreement therein approved. hereby, authorized to operate to Halifax, Mte'herland3 guilder:
Filed August 18,1971, by: John AL Womack, Nova Scotia, and Montreal, Quebec, Sept. 22, 1971 -----....-----. 294708
2722 Crittenden Drive, Louisville, KY 50209 Canada, insofar as such movement is in Sept. 23. 1971 ......----------. 297350
-(Attorney in fact). Sept. 24. 1971 -- ---............- .297250
the United States, and to any port on
The amendment involves: Changing the east and gulf coasts of the United [SEAL] Emvm; F. RAn-s,
the annual meeting of the membership States not effectively closed by the strike Acting Commissionerof Customs.
and of retiring Board of Directors from of the International Longshoremen's As- IFR Dcc.71-14851 Filed 10-8-71;8:49 am]
the month of February at Louisville, Ky., sociation, on commodities which it other-
to a date and place to be fixed by the wise is authorized to handle as a freight
President, and, if such date and place has forwarder under Permit No. FF-84;
not been set, then 16 Chief Executive
Officers of members may fix the date and
It is further ordered,That said freight
forwarder be, and It is hereby, directed
DEPARTMENT OF AGRICULTURE
place of such annual meeting, and (2) promptly to print and file with the Com- Office of the Secretary
incorporate provisions under present mission tariffs showing its rates and
procedures for joint discussions of section charges for the service authorized herein LOUISIANA
and otherwise to comply with the -rovi-
22 quotations on Government traffic. sions of the InterstateCommerce Act; Designation of Areas for Emergency
The application may be inspected at Loans
the Office of the Commission in Wash- It is further ordered, That this order
be, and it is hereby, made effective at For the purpose of making emergency
ington, D.C. 12:01 am., October 5, 1971, and shall
Any person desiring to protest and par- loans pursuant to section 321 of the Con-
ticipate in this proceeding shall notify the ekpire at 11:59 pm., October 20, 1971, solidated Farmers Home Administration
Commission in writing within 20 days unless otherwise modified, changed or Act of 1961 (7 U.S.C. 1961), and sec-
from the date of publication of this suspended, and tion 232 of the Disaster Relief Act of 1970
notice in the FEDERAL REGISTER. As pro- It is further ordered, That copies of (Public Law 91-606), it has been deter-
vided by the general rules of practice of this order shall be served upon said mined that in the following parishes in
freight forwarder; and that notice of this the State of Louisiana natural disasters
the Commission, persons other than ap-
plicants should fully disclose their order shall be given to the general public have caused a general need for agricul-
by depositing a copy in the Office of the tural credit:
interest, and the position they intend to Secretary -of the Commission at Wash-
take with respect to the application. ington, D.C., and by filing it with the Di- PARISHE
Otherwise, the Commission, in -its dis- rector, Office of the Federal Register. Acadia. Pointe Coupee.
cretion, may proceed to investigation and Ascension. St. Charles.
determine the matters involved without By the Commission, Railroad Service A. umpton. St. James.
public hearing. Board. Calca3leu. St. John.
Cameron. St. Iindry.
By the Commission. [SEAL] ROBERT L. OSWALD, Evangeline. St. Martin.
[SEAL] ROBERT L. OSWALD, Secretary. Iberia. St. Mary.
[FR Doc.71-14872 Filed 10-8-11;8:52 am] Therville. Terrebonne.
Secretary. Jefferson Davis. Vermilion.
[FR Doc.71-14870 Filed 10-8-71;8:50 am] Lafayette. West Baton Rouge.

'[Service Order 1079]


DEPARTMENT OF THE TREASURY Emergency loans will not be made in
the above-named parishes under this
Bureau of Customs designation pursuant to applications re-
C. S. GREENE AND CO., INC. ceived after June 30, 1972, except subse-
[T.D. 71-2571
Rerouting or Diversion of Traffic quent loans to qualified borrowers
FOREIGN CURRENCIES who received Initial loans under this
At a session of the Interstate Com- designation.
merce Commission, Railroad Service Rates of Exchange
The urgency of the need for emer-
Board, held in Washington, D.C., on the SEPTEMBER 27, 1971. gency loans in the designated areas
4th day of October 1971. Rates of exchange certified to the Sec- makes It impracticable and contrary to
It appearing, That C. S. Greend and retary of the Treasury by the Federal the public interest to give advance notice
Co., Inc., is a freight forwarder author- Reserve Bank of New York for the lBel- of proposed rule making and invite pub-
ized under Permit No. FF-84, to operate gian franc, German deutsche mark. lic participation.
as a freight forwarder of commodities Japanese yen, -and Netherlands guilder. Done at Washington, D.C., this 6th
generally, for export, from points in The Federal Reserve Bank of New day of October 1971.
specified midwestern States, to the ports York, pursuant to section 522(c). Tariff
of Bosten, Mass., New York, N.Y., Phila- Act of 1930, as amended (31 U.S.C. CLIrORD M. HAPDn,
delphia, Pa., and other ports on the east 372(c) ), has certified the following rates Secretary of Agriculture.
and gulf coasts of the United States of exchange which vary by 5 per centum [FR Dc.71-14849 Filed 10-8-71;8:49 am]
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
19722 NOTICES

0.22
00

g8

. . . a.. . . . .C.

-. -c.

"o
o r- Cc, 2 A-02

*m ;- 6 13 0

, . ,
'-a
:9 -. S: 5
to 0a f' Ta82' OtO0

U 0
O, . ., - 0.
o,15
.. ,.,

.2 0Cs 0T

cod CS o Q

4. oo TaH aL

4' 5- Ao 0d a z-2 0

ui .. E-4 o4 . 41)
Ci co. .0;> a) E-1bDcoO '.~ _l0 0 0 *

SA O 4) - z' AO "

7-g--...,. -0 . T 0 =;20,&
n 10- 00
ICA (D
.++ :- :..*:, ''0 m ,A-.+ + ,
0~
xjE
,a"'0 10 H
wc
0 C,1 a . 0 a5.'

- 4 .
NOTICES 19723

o*es* mm, * ** *

.... ........ * 0 .......

o 0
o 0a
o o

000 000

0
ow . mm.,., ~ . .* **- . * n.....t 000 000

C, &ab o 00
19724 NOTICES

0~ 0

a
~4

02 02
.4J
-0 0
CJ C) 04

4o

* ..

I ,4

g : 44 .d) 0 o .4 .. . . .. ..
NOTICES 19725

C,.

*0

CC

0o

* . .0 0 00(2 -
* S * 020202~b. 4 ; *~,***~
- - =oS cdddcdo t=a-~. n flt,~z,,t.
02 02 02 02~'2 0100 02 02 02 02 02 02
02 02 0202 020202020202 020202: 020202020202 02. ~rjrj~02~j02.

S.,=

.=

S s! q * 9q 5 5 4q s!.,

0202202002022020 .222220~0~~
.b . .. . . i a ~ h

66-000 0 - 71 - 3
19726 NOTICES

0 0 0

m mm mo mm mm m mm0mm :m 0000 - - - vi 000


-. V 0

Ita

-o0 00 00 :
*0
d .- d .. .4
NOTICES -19727
0a

000

0 8Coc

0 0 o

00

0
o gg G

E 0* 'st03= s e 4
3 - -

7a 5. e 4 p- E.0

>0 !0 0 "a 2
.00
:p 5! g 5*:- 255= -

03 - a. 8- P,i 0. -
Sa 0 a 0--po'

0 0-- 0g

a- 4-c 0. 0 -0c

> 0.~.

-12 =0 .1>~-~ - -u - >

~* - 0

-!4 Ml U' 88 H * ,L

oz:
0 -0
a 0. 0

00

0 0"
o o **

E or
-tg. .0 -a -0 a

0 0 0 FO

00 0.

.0- a -. 2Kn 2' a:~


.=~~ ; >2.=r -E- --.- 2
o-hr. -- -2 --
-=~ -s ol: v 7,0~

E=B. -r B - ,
a .=.a 00gp _
3 OB-Ze
aL
0 CB:
0
Z
o
o~- o ~ 2
.

5_0 z B: 2 0
.0 9z =co ;p
0 E4

a-R 2p *~n
:

C
i
19728 NOTICES

090

00

0! 0 .9'9
ZZ =02
0=9U
C)6 '
13~
to c., o :r62,

.0- 2 2::

0-40
oa ... 00. 9 -o d -e9 o~ 9 2 . 4 c:~9~

g"I "M 0~~0


124 ggiEg 2 Z
*z o" cl c e

14 p 0

co0>
cl-

o 0
V po 0

'-I .3

w py Q' xi2 o

1 too 0 u
.
9- 1A0

to ci 9

c) 0 2I- =o-=ot .De C


9 9f
9~~~o *jo.. El o0od0o .9
9~~~~2.
C9 t0 0 .9
0 - E- :o

mm
---
0 ~ ~ Egg..
0.08

E- - 9
90c ggg
~ ggg
9.9
.i~ -4 g0a
*9
sc4 .
-.
1i c~i
9
c
.9 22A ..
Bo 2* ~ .0 .0.
NOTICES 19729

U;
-oz

2! C 00 -~ 2 = 0 Q

188888--8 88 8,
e9 HIcSe4 8881ngi 128J~
ns frig~ no q
020=002 2A

"I.

=22
-2Fm CR M
SG02

t-t mm M1 M 02 0S
0 0
19730 NOTICES

o~~~~~ ~ '
0g 002 00
O0~40 8
2-8
~ 0 22E!22

CCs ao~ ~
tg-- --
0
0
-
00-0
m0 992 00', 00
9 ~ 00 -89 0-t~2
0~C00iC Q, '
NOTICES 19731

I-
0.

0
C=
0
0 r. oc
- 0

000 a0000 00
0 0 0
215. I-5S-;Su.;I.;
9 9
000 90 9
19732 NOTICES

g SoM*0Zn .,, I

E4 2

o 005

P4 9, pq

~ 00
00~ *
t~0,0
*
0
*

~ e eg g' 's 4&J

0
2. 22 2 8 2 2 2P
NOTICES 19733

. .

E E
z z

4...- -

00o
0.' --

0.2- .oo .

I.-

0
I-
U
S 0
HsS S:3~ S
mgg a ci e g~ 5 S
C 9
m C

I-

OS

t
C! S
c

c o! " mZ 0 1 S~ 50 sos0l
19734 NOTICES

*0

84

too

o 0

0 EiN,
- 0
-: 2 0 _
0*C300

0 2 - - 9 F,05
0- 0
00" :" -.
40* ....w q Zw
4
o a o~~~~~~1 2~ 0o2 5~5
'0 0*j. L*

00 0

0 ci ~'.~-
E4 m M-Mmmm 0 m' ; cl 1 2 -2-22

H..~~11 0~

- 0
.0 >

z' z

0g~ *0

.5 c

00 Po

X .1Zt

N 'tt. '5 .2 .; .= :

04 0 cs 03r P, j

o -. -0j .2U: . .
0 .. 1 0 0 '' .0 .0aoo '0l
c,0 .0 0 005
.2>Qo 4. 0 * 4 13 00
.0 0C 0
~ .0 .~00
4
~ ~ ~ ~ v~40.2
0

'0 '0 .2 - .0 0 0. 0 ' 0 ~ o 0 0

0R 'S .2 ?3 35"4 c.0 2. 24 2. 2 2.


NOTICES 19735

t0 c

0c 0 0a

4.. ; ~'J
22 -Z
W4 ~

-. U

* . r- = r-= = > "


5_0 r'
r-
'r-
r-
-. & .
r6G
'r r E0Ur
a r* - . _2 a& i ?a,5!1 2'
U. 0

.00
i~s Gv9
qF;sia
;6 666 ;0.; - . ;Coede - c ; .:22
r4.~.C i4. 0 .a.00a.0 .~... e .

~-...... - -.

OtlU~
LL

-0-

0 - 0 i _:3 0~
a-= a0 00~i .- !2 000 000 t Z00=4000 M0 40

cil
t a.

>= I- >at!

.IsC - , g- GK

0 Q~g Z:0251 c ccc


=u 0 =:
o~0; r *Ua c a

E44
19736 NOTICES

, 88988 _

00000f
*; 050;50
0 000000
d L6.6

0 0

.3 ~ ~ ;E;lv Z5~ *z-


2 :j -, ---

02 .0 0 0100

00'
0 C'tCO Z0 1rLC

gm00
H 0 O~ gm 0C 00000 00000G n;'' r'8'
000
C
gg~g
00
.*
000002 0-2 2 229 2
NOTICES 19737

a a

.
C211AZ pi "Mc.
88 ;;a 8 ,eq
eq
SEM MM as
3(53 ;Mro 88 833 pill
MIR
333 333 mm
CR; 9M
ca

-87-
Ga a's 33 935 IN
999 999
19738 NOTICES

m. 0 . o
0
8804 z'0 H
zz* ;;0 ;t t;
Bm'4 240 0
w a* 0
8;;00 : 00
H~ 0

a - a; - a
E40 4 4 40

o 0

0 0
I- 1'.

R~ 0 g I
':cc
VI . ,C
"
. Ili .
m 'c m 0 "co

04.,
NOTICES 19739

0 e

- <)..

C=~ 0

z
0--

C::
-M LILJ B: 0 P6c
0 0=0
000
Cot.
0~00
t-W
-
0
0
~
000
IR
82
WOW C 0=0
000 O~ 0 000

LU

m0 m
a HU 1-111 - I 3 A3 A
'go I
MMt -M = MM Mo= 0* g g

O WW c i C C MM MV.

C4
19740 NOTICES
arguments responsive to the oral presen- prescribe a period shorter than 15 days cedure, a hearing vill be hold without
tations made by other persons. for the filing of protests. Therefore, any further notice before the Commilslon on
Signed at Washington, D.C., this 6th person desiring to be heard or to make all applications in which no petition to
day of October 1971. any protest with reference to said peti- intervene is filed within the time re-
tion to amend should on or before Octo- quired herein if the Commission on.lts
JOHN F. BURTON, Jr., ber 19, 1971, file with the Federal Power own review of the matter believes that a
Chairman. Commission, Washington, D.C. 20426, a grant of the certificates is required by
[FR Doc.71-14857 Filed 10-8-71;8:50 am] petition to intervene or a protest in ac- the public convenience and ncceaslty.
cordance with the requirements of the Where a petition for leave to Intervene
Commission's rules of practice and pro- is timely filed, or where the Commis-
cedure (18 CFR 1.8 or 1.10) and the Reg- sion on its own motion believes that a
FEDERAL POWER COMMISSION ulations under the Natural Gas Act (18
CFR 157.10). All protests filed with the
formal hearing Is required, further
[Docket No. CP71-6] notice of such hearing will be duly given.
Commission will be considered by it in
EL-PASO NATURAL GAS CO. determining the appropriate action to be 'Under the procedure herein provided
taken but will not serve to make the pro- for, unless otherwise advised, It will be
Notice of Supplement to Pending testants parties to the proceeding. Any unnecessary for applicants to appear or
Petition To Amend person wishing to become a party to a be represented at the hearing.
OCTOBER 7, 1971. - proceeding or to participate as a party in
KENNETH F. PLUMBo,
Take notice that on September 22, any hearing therein- must file a petition Secretary.
1971, El Paso Natural Gas Co. (peti- to intervene in accordance with the
tioner), Post Office Box 1492, E PaSo, Commission's rules. Docket No. Date
TX 79978, fied in Docket No. CP71-6 a Name or applicant
KENNETH F. PLUMB, filed
supplement to the pending petition, filed SecretarV.
on July 7, 1971, to amend the Commis- [FR Do0.71-14933 Filed 10---71;8:53 am] Cs72-223... 9-13-71 Anderson Productinn Corp.,
sion's orders heretofore issued in said 405 Wall Towers East,
docket pursuant to section 7(c) of the Midland, Tex. 79701.
CS72-221. - 9-13-71 Joan R. Boiling, 1203 Mid South
Natural Gas Act by authorizing the sale [Docket No. CS72-223, etc.] Tower. Shreveport, La. 71101.
and delivery of additional volumes of ANDERSON PRODUCTION CORP. CS72-225... U-13-71 edley Co., 12V3 Mid South
natural gas to certain of its existing cus- Towers, Shreveport, La. 71101.
ET AL. CS72-226. _ t-13-71 D. P. Rozs, Jr., 1203 Mid South
tomers, all as more fully set forth in the Towers, Shreveport, La. 71101.
petition to amend, as supplemented on CST2-227. 9-13-71 u. D. Production Co.. Box 191,
Notice of Applications for "Small Borger TX 79001.
file with the Commission and open to Producer" Certificates 1 C872-223... 9-13-71 At. L. OlbInple, 1022 Union
public inspection. Center Bldg., Wichita, Kats
By authorization granted 'by the OCTOBER 1, 1971. 67202.
C872-229... 9-13-71 John R. Rhodeo, Operator ct al,,
Commission on October 30, 1970 (44 Take notice that each of the appli- Pot 01flco BoX 1079, Alce,
FPC -), as amended by order issued cants listed herein has filed an appli- TX 78332.
CS72-230. -- 9-13-71 Gear Drilling Co,, 470 Denver
on February 23, 1971 (45 FPC -), peti- cation pursuant to section 7(c) of the Club
860202. Illdg, Denver, Colo.
tioner, an equal participant in the Jack- Natural Gas Act and 157.40 of the reg-
CS72-231 ... 9-13-71 Preston Carter, Box 270, Davb,
son Prairie Storage Project located in ulations thereunder for a "small pro- OK 73030.
Lewis County, Wash., may receive natu- ducer" certificate of public convenience C872-232._ 9-13-71 Texas Petrobum Exploration
ral gas from Washington Natural Gas and necessity authorizing the sale for re- Co., 12th Floor, Peoplm Na-
tional Dank Bldg., 'yler,
Co. (Washington), the project operator, sale and delivery of natural gas in inter- rex. 75701.
in amounts not to exceed 180,000 McT per state commerce, all as more fully set CS72-233... 9-13-71 D. Lyman Stubblefileld, 1'osi
Oficeo Box 7249, Amarillo,
day and 4 million Mof during the winter forth in the applications which are on TX 79109.
period commencing on each November 1 file with the Commission and open to C872-234.-. -13-71 Jack II. Vaughn, 703 Frst Na.
tional Center, Oklahoma
and continuing through the following public inspection. City, Okla. 73102,
April 15. Petitioner is also permitted to Any person desiring to be heard or to CS72-235... 9-13-71 Mrs. Nello Son do ilegger Pt A,
render natural gas service to certain of make any protest with reference to said 3100 Grand Avenue, 2-1E,
Des Molnc3, IA M0312,
Its Northwest Division System customers applications should on or before October CS72-236... 9-13-71 Malswka 0as Co.. Inc., ros
under its FPC Rate Schedule SGS-1. 26, 1971, file with the Federal Power omfceo Box 137, Ookalooa, IA
52077.
Petitioner states in this supplement Commission, Washington, D.C. 20426, CS72-237... 9-13-71 W. L. Sidwell, Jr. et al. 301
that Western Slope Gas Co. (Western petitions to intervene or protests in ac- Park. Winfileld, X3S0715
CS72-233... 9-13-71 John It. LoB "not 10,22 Union
Slope) does not desire to receive its allo- cordance with the requirements of the Center 11dg., Wichita, Kan,
cation of the additional volumes of Commission's rules of practice and pro- 07202.
naturtal gas to be made., available from cedure (18 CFR 1.8 or 1.10). All protests CS72-239... 0-10-71 Wlifi3 N. Clark. Post Office
Box C62, Pampa, TX 79005,
the Storage Project. Therefore, peti- filed with the Commission will be con- C872-240.. - 9-10-71 Burrl3 Run Co., 1203 Mid South
tioner proposes to redistribute the vol- sidered by it in determining the appro- 'rower, Shreveport, L.
71101.
umes heretofore proposed for allocation priate action to be taken but will not CS72-241 ... 0 10-71 Donald P. R", 1203 Mid South
to Western Slope among its other cus- serve to make the protestants parties Tower, Shreveport, La.
71101.
tomers as follows: -to the proceeding. Persons wishing to be- CS72-242... 9-14-71 Raynond Oil Co,. Itn(,, 200
come parties to a proceeding or to par- West Douglas, Wichita, KS
C-72012.
Contract* Seasonal ticipate as a party in any hearing therein CS7'2-243.. 9-1-71 Marvin L. .oly(succe-or to
Customfer demand quantity must file petitions to intervene in ac- John BrL en (Operator)
(Therms) (Therms) cordance with the Commission's rules. et at.), 213 South Lamar St,,
Jackson MS 39201.
Take further notice that, pursuant to C87-2-241. .. 9-10-71 C. L. & W. C. lindi, 9N North
California-Pacifl Utilities Co.. 17,300 493, 780 the authority contained in and subject Roosovelt, Liberal, ICS 07001,
Cascade Natural Gas Co------- 269,400 7,782, 670 CS72-245 ... 9-16-71 The Tema Land & Mortgage
Intermountain Gas Co--------- 193,250 5,582, 770 to the jurisdiction conferred upon the Co., Iee., Post 0111co Do"
Northwest Natural Gas Co .... 150, 050 4,334,780 Federal Power Commission by sections 1321, Midland, TX 79701.
Washngton Natural Gas Co. & CS72-246.. -10-71 Frontier Oil& Ito Co,, Inc.
The Washington Water Pow- 7 and 15 of the Natural Gas Act and the 'ost oficeo Box 1321, Midland,
er Co., jointy .--------.-...... 1,260,000 36,400,000 Commission's rules of practice and pro- TX 70701.
CS72-247. OL-16-71La Junta Enterprses, Inc.,
Total -------------------- 1,890,000 54,600,000 1'ost Office Drawer 600,
IThis notice does not provide for con- Graham, TX 7010,
CS72-243... 0-10-71 Stahl Petroleum Co.,
It appears reasonable and consistent solidation for hearing of the several matters Boc 2231,
covered herein. Amarillo, TX 7910.
with the public interest in this case to

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19741

Docket No. Date Name of applicant


[Docket Nos. RP72-90, etc.] (A) Under the Natural Gas Act, par-
filed ticularly sections 4 and 15, the regula-
PLACID OIL CO. ET AL. tions pertaining thereto (18 CFR Ch.),
CS-2-249_. 9-17-71 EstateofSamnelhf. Lane Order Providing for Hearing on and and the Commisson's rules of practice
co Casey, Lane & Mlttendorl,
26 Broadway. Suspension of Proposed Changes in and procedure, public hearings shall be
New Yorkf NY 10004. Rates, and Allowing Rate Changes held concerning the lawfulness of the
proposed changes.
CS72-250_-- 9-20-71 R. Lacy, Inc.,
Box 2146, To Become Effective Subject to (B) Pending hearings and decisions
Lo w, TX 751. Refund 1
CS72-251... 9-2_-71 Olympia Exploration Co., thereon, the rate supplements herein are
1122 United Founders Bldg., SEPT'aaER 29, 1971. suspended and their use deferred until
Oklahoma City. Okla. 73112.
CS72-252__. 9-20-71 Macho, Inc., 236 Bldg., Respondents have filed proposed date shown In the "Date Suspended
CS72-253.--
Iackson. Miss. 3920L
9-20-71 Bronco Oil Co., Box 259, changes in rates and charges for Juris- Until" column. Each of these supple-
Shamrock. TX 90. dictional sales of natural gas, as set forth ments shall become effective, subject to
CS72-25t.-- 9-20-71 Barker Production Co., Post in appendix A as set forth below. refund, as of the expiration of the sus-
Office Box 259, Shamrock,
TX ,9 O9. The proposed changed rates and pension period without any further
CS72-255-- 9-29-71 Rodney R. Barker, Post 0f16c charges may be unjust, unreasonable, action by the respondent or by the Com-
Box 259. Shamrock, TX 79079.
CS72-2_. 9-20-71 Leede &Pine, 516 Buildingof unduly discriminatory, or preferential, or mission. Each respondent shall comply
the Southwest, Midland, with the refunding procedure required
Tex. 9701.
otherwise unlawful. by the Natural Gas Act and 154.102 of
CS72-257_-- 9-20-71 W. C. Perryanan, Post Ofice The Commission finds: It Is in the the regulations thereunder.
Box 359, Tyler, TX 75701.
CS72-258 -- 9-20-71 S. S. C. Gas Producing Co., public interest and consistent with the (C) Unless otherwise ordered by the
Box 292, Pettus, TX 78146.
CS72-259--- 9-20-71 Henry Grace Production Co., Natural Gas Act that the Commission Commission, neither the suspended sup-
813 City National Bldg., enter upon hearings regarding the law- plements, nor the rate schedules sought
Wichita Falls, Tel. 76301.
CS72-260__- 9-20-71 Marbeth Oil Co., 1912 The fulness of the proposed changes, and that to be altered, shall be changed until dis-
600 Bldg., Corpus Christi,
Tex. 7840L
the supplements herein be suspended and position of these proceedings or expira-
CS72-261___ 9-20-71 Prudhoe Production, Inc.,
- 1912 The 600 Bldg., Corpus their use be deferred as ordered below. tion of the suspension period, whichever
Christi, TeM. 7801 The Commission orders: is earlier.
CSV-262- 9-21-71 A. I. Duncan, Post Office By the Commission.
Box 965, Sinton, TX 7837.
'Does not consolidate for hearing or dis- [SEAL] KENNETH F. PLUMB,
[FR DOC.71-14785 lied 10-8-71;8:45 am] pose of the several matters herein. Secretary.

"Cent per Mel Ratoin


Bate Sup- Amount Data Effective Data effecasub-
Docket Respondent sched- ple- Purcha r and producing area c f I ilg dat rucad Rte in Properdlees to
No. ule ment annual endered unleInc ed rcln
No. No. Incresen -pcnded rate dccket.No.

R172-96--- Placid Oil Co------------- 30 12 HIL. Hunt (NorthLansing $130 9-1-71 ........... 11- 2-71 '1l2.7
CL 1 7 RinI-379.
Field HurrsonNo.
RR. District Med,
5). Texas
R172-W7__- H. L. Hunt------------- 4 27 Texas Eastern Transportatlon 1,001 9- 7-41 _........... 11- 8-71 917.2433 17.27525 RII-305.
Corp. (Whelan & North
Lansin Field, Harriso
County, Texas R. D Ct
No. 6). 9- 3-41 10-4-71 $Accepted ..........................
RI72-%8.-- umble Oil & Refining 173 116 United Gas Pipi Co. (S ..........
Co. Creek Field, Calbono Paris,
d o -.. -.---------.....--
----- - .-.... North Lou na).
17. ---do .......................... 2,4n 9- 3-71......... 11-4-71 1. GAMG
1713 17.5
R172-99_.._ Hsse Hunt Trust.-..... 4 28 Texas Eastern Transportation 1,231
Corp. (Northeast Lisbon,
Clalborno Parish, North 0-37-71 ..........
Loulsisna). 9- 7-71
RI72-100-. Hunt Oil Co-------------- 28 21 Texas aster Transportation 20_51 11- 8-71 1M.
.2622 13.467-3 RI71-308.
Corp. (Greenwood Waskom
Field, Caddo Perish, North
Loulsiana).
R172-101__ Sun Oil Co --------------- 140 5 Arkansas Louisiana Gas Co. 159 9- 7-71......... 11-13-71 101.5 20.5 RIC3-l101
(Vixen Field, Caldweil Parish,
North Lousin).
R17i-102.- Texas Pacific Oil Co., 22 10 El Paso Natural Gas Co. (Blnco 20.6O0 9- 7-71......... 3- 8-72 15. .250 -29.5170 R159-.
Inc. MesaVerdoand Basin Dakota
Formations, San loan County,
N. Mex., San Juan Basin).
R I72-103- Phillips Petroleum Co... 483 1 El Paso Natural Gas Co. 13,425 9- 2-71 ........... 11- 3-71 3123. 5i O '25.05
(Goldsmith Plant Ector
County Te, Permian Basin).
RI172-10L_ Cities Service Oil Co ------ 345 1 Transwester nPpellno Co. '27,l000 9- 7-71 ......... It- -81 t' 22.0 127.0
(South Carlsbad Area, Eddy
County, N. Mar., Permian
Basin).
See footnotes at end-of table.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19742 NOTICES
APPENIx A-Continued

Cents per MCI" Rate In


Rate Sup- Amount Date Effective Date effect tub.
Docket Respondent sched- ple- Purchaser and producing area of filing dato suspended Rate In Proposed jcet to
No. ule ment annual tendered unless until- effclt Incresed rfund In
No. No. Increase suspended rate docketsNos.

RI72-105.. Tenneco Oil Co--------- 269 2 Southern Union Gathering Co. 3,162 0-7-71 ............ 9- 8-71 13.0 1M.IM2I
(Angels Peak Area, San Juan
County, N. Mex., San Juan
Basin).
RI72-106..- oblil Oil Corp ----------- 217 21 ElPaso Natural Gas Co. 62,350 8-30-71 ........... 11-23-71 19.610 30 20,300 11170-1(07.
(Hogback Field, Lincoln and
Sublette Counties, Wyo.).
----do- ............ 367 10 ...- do-.. ... ..--------------------
3,359 8-30-71 ........... 10-31-71 17.1759 " 20.300 R170-414.
R172-107.. Sun Oil Co............363 10 El Paso Natural Gas Co. 510 9- 1-71 ........... 1- 2-71 13. 21SO 14,2077 R103451,
(Twin Mounds Field, San 3uan
County, N. Mex., San
3uan Basin).
R172-108.. Big Piney Ol & Gas Co._. 1 3 ElP:NaturalGasiCo. 13,145 9-7-71 ............ 11-8-71 10.0 17.0 0IC7-133.
(Big Piney Gas Field,
Sublette ounty, Wyo.).

*Unless otherwiso stated, the pressure base Is 15.025 p.s.i.a. 3 Contrast rate of 19.5 cents ad usted for the Increase In tho Bureau of Lbor Statis.
I Amendatory agreement dated August 4, 1971, between Humble and United, ties Index of Wholesale Prices of all Commoditles cqual 23.62 cent3 per Mof,
which provides for new price schedule. 5 Rate is fractured so as not toexceed the rate level for a one-day suspenelen period
Includes I cent per Mcf minimum guarantee for liquids. (19.8 cents @ 14.65 p.s.l.a.).
Initial rate (inclusive of 1.5708 cents per fcfupward B.t.u. adjustment) as provlded ?Periodic Increase from 16cents to 17 cents plus adjustment for the intreio it
by order issued April 23 1071, In Docket No. 0171-530 (litchell Type Temporary). the Bureau of Labor Statistlcs Index of Wholesale Price of all Commodltlequ eqlali
4Initial rate as provided by order Issued August 26,1971, in Docket No. C172-78 21.51 cents per Mcf.
(Mitchell Type Temporary). 3 Accepted, to be effectivo on the date shown In the "1Effe~tlvo Date" column.
The pressuro base Is 14.65 p.s.L.n.

The proposed Increase for sales to El Paso It has been the position of the De-
in San Juan Basin Is based on a favored-
nation clause which was allegedly activated
DEPARTMENT OF LABOR partment that the objectives of Exeou-
tive Order 11246 can be Implemented
by Aztec Oil & Gas Co.'s unilateral rate in- Office of Federal Contract Compliance
crease to 29.23 cents which became effective most successfully through voluntary,
subject to refund in Docket No. RI71-744 on EQUAL EMPLOYMENT OPPORTUNITY area-wide agreements between contrac-
August 1, 1971. The purchaser, El Paso Nat- IN CAMDEN AND TRENTON, NEW tors, unions and community organiza-
ural Gas Cp., has protested this favored- tions interested in furthering equal
nation increase on the basis that it Is not JERSEY AREAS
employment opportunity, which are de-
contractually authorized. In view of the con- signed to increase the utilization of the
tractual problem presented, the hearing
Notice of Hearing
minority workforce In the skilled con-
herein shall concern itself with the contrac- Notice is hereby given that, pursuant struction trades in a particular area.
tual basis for this favored-nation filing as to section 208(a) of Executive Order However,, where as in the Trenton and
well as the justness and reasonableness of 11246 (30 FR. 12319), a public hearing Camden areas, a voluntary agreement
the proposed Increased rate. This probosed is to be held by the Office of Federal has not been reached, the Department
increase exceeds the corresponding rate l- Contract Compliance, U.S. Department must take appropriate action to Insure
ing limitations imposed in southern Louisi- of Labor on October 27-29, 1971, Court that Its obligations under Executive
ana and therefore is suspended for 5 months. Room No. 2, U.S. Post Office and Court- Order 11246 are met.
The other Increases Involved here also per-
house Building, East Eighth Street, The Department recognizes that cir-
tain to sales outside southern Louisiana but
Trenton, NJ, in order to afford inter- cumstances and problems in the field of
do not exceed .the corresponding rate filing
ested persons an opportunity to submit equal employment opportunity vary from
in writing and orally data, views, or one area of the country to another, and
limitations imposed in southern Louisiana. arguments to be considered by the Office that those living and working In a spe-
Therefore, they are suspended for 61 days of Federal Contract Compliance in im-
from the date of filing, or 1 day from the plementing the requirements and objec- cific area are in the best position to
contractual effective date, whichever is later, evaluate the problems of their respective
tives of Executive Order 11246 with re- communities and assist the Department
pursuant to Order No. 423. spect to federally involved construction
Phillips Petroleum Co. and Big Piney Ol in the Camden and Trenton areas. The with facts and Ideas as to the most ef-
and Gas Co. request effective dates for which hearing will begin at 9 anm., d.s.t., on fective way to implement the Executive
adequate notice was slot given. Good cause Wednesday, October 27, 1971. The pres- order. It is this assistance which is
sought at the above noticed hearing,
has not been shown for granting such entations will be made before a panel Therefore, all interested persons are
requests and they are denied. designated for this purpose by the DI-
rector of the Office of Federal Contract requested to appear before the Hearing
All of the producers' lroposed increased
Compliance. Interested persons are en- Panel or otherwise submit data on at
rates and charges exceed the applicable area least the following points:
price levels for increased rates as set forth couraged to appear and present their
views before the panel. (1) The current extent of minority
in the Conmission's Statement of General group participation In each construction
Policy No. 61-1, as amended (18 CPR Ch. Executive Order 11246 prohibits dis-
criminating against any employee or ap- trade, and the full employee complement
2.66). of each trade;
This order does not relieve any of the re- plicant for employment because of race,
color, religion, sex, or national origin, (2) A statement and evaluation of
spondents herein of any responsibility im- present employee recruitment methods,
posed by, and is expressly subject to, the and further requires that the employer
as well as the assistance and effectivenes
Commission's Statement of Policy Imple-. or prospective employer take affirmative of any employer or union programs to In-
menting the Economic Stabilization Act of action to insure equal employment crease minority participation In the
1970 (Public Law 91-379, 84 Stat. 799, as opportunity. trades;
amended by Public Law 92-15, 85 Stat. 38), It is the responsibility of the Secre- (3) The availability of qualified and
Including such amendments as the Commis- tary of Labor and his Department to im- qualiflable minority group persons for
sion may require, and Executive Order No. plement the purposes of Executive Order employment In each construction trade,
11615. including where they are now working,
11246 throughout the country on fed- how they may be brought Into the trades,
[PP. Doc.71-14786 Flied 10-8-71;8:45 am] erally involved construction. etc.;

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19743
(4) An evaluation of existing training cation, in order to be considered with the 60-day period, only if the Commis-
programs in the area, including the num- any domestic public radio services appli- slon has not acted upon the applica-
ber of minorities and others recruited cation appearing on the attached list tion by that time pursuant to the first
into the programs, the number who com- below, must be substantially complete alternative earlier date. The mutual ex-
plete training, the length and extent of and tendered for filing by whichever clusivity rights of a new application are
training employer experience with train- date is earlier: (a) The close of business governed by the earliest action with re-
ees, the need for additional or expanded I business day preceding the day on spect to any one of the earlier filed con-
training programs, etc.; which the Commission takes action on filcting applications.
(5) An analysis of the number of addi- the previously filed application; or (b) The attention of any party in interest
tional workers that could be absorbed within 60 days after the date of the pub- desiring to file pleadings pursuant to
into each trade without displacing pres- lic notice listing the first prior filed ap- section 309 of the Communications Act
ent employees, including consideration plication (with which subsequent appll- of 1934, as amended, concerning any do-
of present employee shortages, projected cations are in conflict) as having been mestic public radio services application
growth of the trade; projected employee accepted for filing. An application which accepted for filing, is directed to 21.27
turnover, etc.; is subsequently amended by a major of the Commission's rules for provisions
(6) The desirability and extent, in- change will be considered to be a newly governing the time for filing and other
cluding the geographical scope of possible filed application. It is to be noted that requirements relating to such pleadings.
Federal action to insure equal employ- the cutoff dates are set forth in the alter- FEDERAL COralcATuezoNs
ment opportunity in the construction native-applications will be entitled to coiadissxoli,
trades. consideration with those listed In the [saL] BEN F. WAPLE,
All persons wishing to present their appendix below if filed by the end of Secretary.
views orally, before the panel, should
notify Mr. Robert G. Owens, (Acting)
Regional Director for the Office of Fed- APPLXCATiONS Ac m FOx FILING
eral Contract Compliahce, U.S. Depart-
ment of Labor, at 1142 Western Sav- OMUs=o PUBLIC LAND MOsnLE RADIO SEMvxC-
ings Fund Building, Broad and Chestnut 152-C2-P-72--Ozark Mobile Phone Co. (New), C.P. for a new two-way station to be
Streets, Philadelphia, PA (Telephone: located at Round Mountain, 0.9 mile southeast of Heber Springs, Ark., to operate on
(215) 597-2600) of their intention to ap- 162.18 B uz.
pear on or before October 27, 1971, and 1525-C2-P-72-Sweeny-Old Ocean Telephone Co. (ELB574), C.P. to replace transmitter
of the approximate amount of time which operating on 152.57 3 located at 212 West Second Street, Sweeny, TX.
they expect their presentations to take, 1543-2-P-72-Radio Page Communications, Inc. (HME38), C.P. to relocate facilities
so as to facilitate an orderly scheduling operating on 352175 M6z to 1518 Skyline Road. La Habra Heights, Los Angeles, CA.
of witnesses. Those persons desiring to 1544-C2-P-71--Jay En, Inc. (KPJ901), C.P. for additional facilities to operate on 459.200
file written statements and pertinent in- repeater, at location No. 1: Corner Observation Road and 11th Street, Duluth. MN.
formation relative to this hearing may do and 454.200 MHz control, at location No. 2: 3189 Miller Trunk Highway. Duluth, MN.
so by filing the same with the Office of 1545-C2-P-72-Hashvlle Mobliphone. Inc. (KLF651). O.P. to add power amplifier to trans-
Federal Contract Compliance on or be- mitter operating on 152.24 M z at location No. 1: Life & Casualty Building, at 4th. and
fore November 5, 1971. Church Streets, Nashville, TN.
Copies of the Executive Order 11246 1570-C2-TC-72-Home Telephone Co.. Consent to transfer of control from L. J. Darley and
can be obtained from the Office of Fed- Rex B. Darley, transferors, to Union Telephone Co. of Mississippi, Inc., transferee. Station
eral Contract Compliance, Department ELX624 Oliver Branch, 'is.
1571-C2-P-72-Peabody Telephone Answering Service (ECC786), CP. to change the antenna
of Labor, 14th Street and Constitution
system operating on 152.06 A located at Newbury Street (Route No. 1), Peabody, Mass.
Avenue, Washington, D.C., 20210, or from
1701-C2-P-72-Rado Dispatch Co. (KEC943), CP. to relocate facilities operating on 152.06
the Regional Director in Philadelphia. M to 360 Clayton Road, Lakewood. NJ.
Signed at Washington, D.C., the 5th 1702-C2-P-(2)72-Assoclated Telephone Answering Service (K452), CP. for additional
day of October, 1971. facilities to operate on 454.225 'A and 454.25 MHz at a new site described as location
No. 4: Sandia Mountain. Sandia Crest South. N. Mer
JoHm L. Wnlcs, 1703-C2-M-72-Hlghland Telephone Co. (ERS697), Modification of C.P. to replace the
Director., Office of transmitter operating on 158.10 MHz and change the antenna System at Bald Hill, N.Y.
Federal Contract Compliance. 1724-O2-AL-(2)72-Gerard T. Uht, Consent to assignment of license from Gerard T. Uht,
[FR Doc.71-14843 Filed 10-8-71;8:48 amI assignor, to Professional Communications, Inc., assignee. Stations KGH857 Erie, Pa., KG1780
Erie, Pa. (oneway).
1725-C2-AL-72-Aircall New York Corp.. Consent to assignment of license from Aircall New
FEDERAL COMMUNICATIONS York Corp., assignor to Page Boy, Inc., a.msignee. Station KC129 New Haven. Conn.

COMMISSION RURAL RADIO szCvEz


1541-C-P-72-The Mountain States Telephone & Telegraph Co. (KPR53). C.P. to change
[Report 564]
the type transmitter operating on 454.50 1 communicating with Station KPR54 Leupp,
COMMON CARRIER SERVICES Arz. Location: 301 Kinsley Avenue. Winslow, AZ.
INFORMATION I 1542-CI-P-72-The Mountain States Telephone & Telegraph Co. (EP54), C.P. to change
the type transmitter operating on frequincy 459.50 MHz communicating with Station
Domestic Public Radio Services 3KPR53, Winslow, Ariz, Location: Leupp Compres-sor Station 6.4 mlies east of Leupp, Ariz.
Applications Accepted for Filing
PO=nT-TO-POnr MCROWAVE RADIO SaVIc (TELEHONE cs
OCTOBER 4, 1971.
Pursuant to 1.227(b) (3) and 21.30 1526-C-P-72-Paclflc Power & Light Co. (KPE25) C.P. to change frequencies 6235 and
(b) of the Commission's rules, an appli- 6375 MHz to 6041.6 and 6130.5 BHz toward Blacktail Mountain, Mont., via passive reflec-
tor, and replace transmitter. Station location: 111 First Avenue East, Kallspell, MT.
IAll applications listed in the appendix 1527-CI-P-72-Paclfle Power & Light Co. (KPG94), C.P. to chanige frequencies 6020 and
beloW are subject to further consideration 6160 s toward Kalispell. Mont., via pa"-ve reflector to 6204.7 and 63529 1 and
and review and may be returned and/or dis, change transmitters. Station location: Blacktal Mountain, 12.1 miles South of
missed if not found to be in accordance with
the Commission's rules, regulations and Kalispell. Mont.
other requirements. ' 1547-C-P-72-Hawailan Telephone Co. (KUQ93), O.P. to replace transmitter with Farinon
=The above alternative cutoff rules apply SS400OW-01 operating on frequencies 3700-4200. Station location: In any temporary fixed
to those applications listed in the appendix location within the territory of the grantee.
below as having been accepted in Domestic 1569-Cl-P-72--General Telephone Co. of Illinois (KSHM4), C.P. to add frequency 5960.0
Public Land Mobile Radio. Rural Radio. MHz toward Waltonville Ill. Station location: 210 West Union Street, Marion, IL.
Point-to-Point Microwave Radio and Local
Television Transmission Services (Part 21 of 743-CI-R-'72-Amerlcan Telephone and Telegraph Co. (KEFT2), Renewal of a Develop-
the rules). mental License expiring Nov. 1, 1971. Term: Nov. 1. 1971, to NIov. 1, 1972.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19744 NOTICES

'-.4.-4 09 0~ 0 O 0 )-0o
1~ .9
&
C~ .2

-o 0P", t~- 0. ov

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00, 0. 0 0 00
g-8c 14 'CI 0'd
. r4 1a
026 0 ~0 0

'80 M, 0 A0" - .,M


0i Pa i 00 z: 6a
0 ~ 0 ' 0
?d~0
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.,l t- "s t Ig f 0g 2 ~ 02 ~ 0 020

OR. 0c a v 4) +- 0)c .8

04 at -Ma4'4
40
- -0-, -0 o t Ao 4 H
0 H 0 2A~ eqc to. 02.
..- 4 +0+ . o0mo R09 oH .42
C4 r8q M-j0c p;
CD to to to toW c

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~~6 .~
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Ad2 0.0t p 0.~


c, . 02,
8
-0~o 0.8 0 -MO L A.
C13 L; )~ 8'

0"0 00 0 0 08 .80
t0

0.4 _ o o , E8 ~ _ -
0
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r4U 8 co 0 ~000 ~ 0oo 8 d
'
.I'0-mHH)
Oz 00;E02-
o~~~~~~
to6
R
2~l~
2
~~C~
603 HfmI; :98II~I~I
IoHi'I -4mc
I I0 I '0

,- O6t
Do-6000'.-' to) Do. 1-t,
6)-04 .3's- 002 UP. U

-4
-4~o.R! g4 -4
a4 -4 -44A go A4 -4 !4 14 14 - 4 -
NOTICES 19745
pOnrT-TO-pOnrT wCaOWAvn RADOi sarnic (TrLrlno.v cA&5XIZ)-continued
1640-Ci-P-72-American Telephone & Telegraph Co. (WAD35), Add frequencies 626.5
and 6375.2 z toward Magdalena and Las Nutrias, N. Mex. Station location: 10.5 miles
west-northwest of La Joya, N. Alex.
1641-C1-P-72-Amerlcan Telephone & Telegraph Co. (WAD34), Add frequencies 6004.5
and 6123.1 M1s toward La Joya and Los Lunas, N. Mex. Station location: 4.2 miles south-
east of Las Nutries, N. Maex.
1642-C-P-72-American Telephone & Telegraph Co. (KKW32), Add frequencies 656.5
and 63752 M toward Las Nutrias and 6345.5 AIz toward Scholle. N. Mex. Station loca-
tion: 4.8 miles west of Los Lunas, N. MeL-
1643-C1-P-72---American Telephone & Telegraph Co. (WDE89), Add frequency 6093.5 MHz
toward Los Lunas, N. Mex., and Mountainair. N. Mex. Station location: 2.2 miles south-
west of Scholle, N. Mex.
1644-C-P-72-American Telephone & Telegraph Co. (WDE0). Add frequency 6345.5 ,Hz
toward Schole and Pedernal, N. Mex. Station location: 2.5 miles east-northeast of
Mountainair, N. Mm.
1645-Cl-P-72---American Telephone & Telegraph Co. (WDE91). Add frequency 6093.5 B
toward Mountainair and Carnero, N. Mex. Station location: 4 miles north-northwest of
Pedernal, N. Mex.
1646-C1-P-72-American Telephone & Telegraph Co. (WDE92), Add frequenay 6345.5 MHz
toward Pedernal and Cardenas, N. Mex. Station location: 33 miles routh-outheast of
Carnero, N. Mex.
1647-C1-P-72-Amerlcan Telephone & Telegraph Co. (WDE93), Add frequency 6345.5 LHz
toward Pedernal and Cardenas. N. Mex. Station location: Cardena. 5.5 miles north-
northwest of Buchanan, N. Mex.
1648-C1-P-72-American Telephone & Telegraph Co. (WDE94), Add frequency 6345.5 MHz
toward Cardenas and Field, N. Mex. Station location: 3.5 miles north or Talban. N. Miex.
1649-C1-P-72-American Telephone & Telegraph Co. (WDE6), Add frequency 6093.5 ?Hz
toward Taiban and Broadview, N. Mex. Station location: 0.7 mile northeast of Field.
N. Mex.
1650-CI-P-72-American Telephone & Telegraph Co. (WDE97), Add frequency 6345.5 11Hz
toward Field, N. Mex., and toward Black. Tex.Station location: Broadview. 4.1 miles north-
west of Hollene, N. Mex.
1651-C1-P-72-Amerlcan Telephone & Telegraph Co. (WDES8), Add frequency 6093.5 MIz
toward Broadview, N. Mex., and Nazareth, Tax. Station location: 5.7 miles south-routh-
east of Black, Tex.
-f652-C1-P-72-Amerlcan Telephone & Telegraph Co. (WDE95), Add frequency 620.2
toward Black, Tex, and 6345.5 1M toward Wayside. Tex. Station locaton: 10.3 miles
north-northeast of Nazareth, Ter-
1653-C1-P-72-American Telephone & Telegraph Co. (LN81). Add frequency 6152.8 ?4Hz
toward Nazareth, Tex. Station location: 2 miles north-northwest of Wayside, Tx.
1720-CI-P-72--General Telephone Co. of Florida (K=L88), C.P. to add frequencies 3750.
3830, 3910, and 3990 MHz toward Wimauma, Fla. Station location: Comer of Zack and
Morgan Streets, Tampa, Ila.
1721-C1-P-72--Geneml Telephone Co. of Florida (New), C.P. for a new station to be located
2.4 miles of Wimaunma. Fla. Frequencies: 3710, 3790, 3870, 3950, and 2172 MHz toward
Verna, Fla., and 3710, 3790, 3870, and 3950 M toward Tampa, Fla.
1722-CZ-P-72-General Telephone Co. of Florida (New). C.P. for a new station to be located
10.9 miles from Parrish, F.a. Frequencies: 3750, 3830, 3910, 3990, and 2122 MHz toward
Wimauma, Fla., and 3750, 3830, 3910, and 3990 Mz toward Sarasota, Fla.
1723-C1-P-72--General Telephone Co. of Florida (KIO65), C.P. to add frequencies 3710,
3790, 3870, and 3950 Lfflz toward Verna, Fla. Station location: Comer Pine Place arid
Bamboo Lane, Sarasota, Fla.
CORRECTIONS
889-C1-P-72-Nebraska Consolidated Communications Corp. (New), Correct file number
to read: 890-C1-P-72. All other terms same as lsted on Public Notice Report No. 71950
dated Aug. 30, 1971.
890-CZ-P-72-Nebraska Consolidated Communications Corp. (New), Correct file number
to read: 889-C1-P-72. All other terms same as listed In Report No. 71950 dated Aug. 30,
1972.
POINT-TO-POINT MICROWAVE R&DIO SERVICE (NO"ELE1'flONE)
The following applicants propose to establsh omnidLrectional facililes for the provision
of common carrier "Subscriber-Programed" television service.
1530-C1-P-72-Dayton Communications Corp. (New). C.P. for a now station to be located
at Fiberglas Tower, St. Clair and Summit Streets at Jefferson Avenue. Toledo. Ohlo.
Frequencies: 2152.325 A (visual) and 2150.20 Mhz (aural) directed toward various
receiving points of system and 2158.60 MHz (visual) directed toward various receiving
points of system.
1531-C-P-72-Dayton Communications Corp. (New), C.P. for a new station to be located
at Columbus Center Building. 100 East Broad Street, Columbus, O1. Frequencies:
2152.325 Mrz (visual) and 2150.20 ,Hz (aural) directed toward varloua receiving pointz
of system and 2158.50 MHz (visual) and 2154.00 MHz (aural) directed toward various
receiving points of system.
1532-C-P-72-Dayton .Communications Corp. (New), CP. for a new station to be located
at Fifth-Third Center DuBols Tower, Fifth, Sixth and Walnut Streets, Cincinnati, Ohio.
Frequencies: 2152.325 1 (visual) and 2150.20 M1 (aural) directed toward various
receiving points of system and 2158.5D I (visual) and 2154.00 M1z (aural) directed
toward various receiving points of system.
[FR Doc.71-14796 Filed 10-8-71;8:45 am]

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19746 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED-OCTOBER

The following numerical guide is a list of parts of each title of the Code of
Federal Regulations affected by documents published to date during October.

3 CFR page 7 CFR-Continued Page 17 CFR-Continued Pago


PROCLAMATION: PROPOSED RULEs-Continued 249 -------------------------- 19303
4085---------------------- 19299 1138--------------------- 19604 274 ---------------------------- 19363
1464--------------------- 19389 PROPOSED RULES:
EXECUTIVE ORDERS:
1701---------------- 19391,19607 270----------------------- 19516
11621 --------------------- 19435
Amended by EO 11622 ---- 19491 9 CFR 18 CFR
11622 -------------------- 19491 72 -------------------------- 19245 PROPOSED RULES:
5 CFR - 101 ----------------------- 19443
12 CFR 104 ----------------------- 19443
213 -------------- 19245, 19437, 19493 226 ---------------------------- 19671 105 ----------------------- 19443
PROPOSED RULES: 141 ----------------------- 19443
7 CFR 207--------------------- 19515 201 ----------------------- 19443
51 ----------------------------- 19243 220---------------------- 19515 204----------------------- 10443
53 ------------------------------ 19301 221 --------------------- 19515 205----------------------- 19443
54 ----------------------------- 19301 226 ---------------------- 19706 260 ------------------ 19443,19515
55 ----------------------------- 19301
56 ----------------------------- 19301 13 CFR 19 CFR
70 -------------------------- 19301 4 ------------------------------ 19693
215 ------------------------- 19493 120 ------------------------- 19572
PROPOSED RULES:
331 ---------------------------- 19667 PROPOSED RULES:
6------------------------- 19598
850 ---------------------------- 19244 114 ---------------------- 19707
908 ---------------------------- 19493
910 ------------- 19302,19359,19668 14 CFR 20 CFR
913 ------------------------- 19668 39 ------------------------- 19359, 405 ---------------------------- 10249
929 ---------------------------- 19668 19360, 19493-19496, 19572, 19573,
966 ------------------------- 19417 19671,19672 21 CFR
1063 ------------------------ 19571 71 -------------------- 19302-19304, 2 ------------------------------ 19496
1070 ------------------------ 19572 19360, 19361, 19496, 19573-19576 121-------------------------- 19363
1078 ------------------------ 19572 75 -------------------------- 19672 135 ---------------------------- 10497
1079 ------------------------ 19572 135c-------------------- 19497,10576
1133 ------------------------ 19669 93- ....... ...... ...... ...- 19673
95 ----- --------------------- 19673 135e --------------------------- 10497
1890s ----------------------- 19670 141a --------------------------- 19694
97--------------------- 19248,19677
PROPOSED RULES: 121 ------------------------- 19361 141e --------------------------- 19694
795 --------------------- 19505 302 ------------------------- 19678 146a-------------------- 1004,90695
905 ---------------------- 19702 PROPOSED RULES: 146c -------------------------- 10694
932---------------------- 19265 146e --------------------------- 19694
1--------------------------- 19506
947 --------------------- 19314 1481-------------------------- 19694
982--------------------- 19442 39 ------------------- 19392,19507 148r --------------------------- 160l5
984--------------------- 19390 43---------------------- 19507 420--------------------- 19251,19695
993---------------------- 19603 61-------------------- 19393
1007--------------- 19315, 19604 67----------------- 19393, 19396 PROPOSED RULES:
1060 --------------------- 19604 71---------------------- 19321, 19------------------------ 19703
1061 --------------------- 19604 19398, 19399, 19614-19617, 19704, 191----------------------- 19391
1063 --------------------- 19604 19705 295----------------------- 19703
1064---------------------- 19604 73----------------- 19321, 19322 420----------------------. 19268
1065 ---------------------- 19604 91 ---------------------- 19507
1068 --------------------- 19604 121 ---------------------- 19393 22 CFR
1069 --------------------- 19604 123 ---------------------- 19506 41 ---------------------------- 19304
1070 ---------------------- 19604 127 ---------------------- 19393
1071 --------------------- 19604 135 ----------------------- 19507 24 CFR
1073 --------------------- 19604 183---------------------- 19393
PROPOSED RULES:
1076--------------------- 19604 207---------------------- 19515
1078 ---------------------- 19604 208---------------------- 19515 200 ----------------- 19316, 19320
1079 ---------------------- 19604 212--------------------- 19515 203 ----------------------- 19703
1090--------------------- 19604 214----------------------- 19515
1094 ---------------------- 19604 223----------------------- 19399 25 CFR
1096 --------------------- 19604 372---------------------- 19515 41 ----------------------------- 19261
1097 --------------------- 19604
1098 --------------------- 19604 15 CFR 26 CFR
1102 --------------------- 19604 374 ------------------------- 19437 1 ------------------------------ 10251
1103 --------------------- 19604 376 ------------------------- 19437 147 ---------------------------- 19261
1104--------------------- 19604 379 ------------------------- 19437 PROPOSED RULES:
1106 --------------------- 19604 PROPOSED RULES:
1108 --------------------- 19604 1------- 19256, 19371, 19598, 19702
1120--------------------- 19604 7 ----------------------- 19406 301 ----------------------- 19371
1126 --------------------- 19604
1127 --------------------- 19604 16 CFR 29 CFR
1128 --------------------- 19604 13 --------------------- 19679-19693
5------------------------ ---- 19304
1129 --------------------- 19604 5a ------------------------ 19305
1130 --------------------- 19604 17 CFR 9------------------------------ 19676
1131 ---------------------- 19604 231 ------------------------- 19362 55_- .--------------------------
19364
1132 --------------------- 19604 241 ------------------------- 19362 2001-------------------------- 19500
FEDERAL REGISTER 19747-1980
Page 47 CFR -
29 CFR-Continued Page 39 CFR-Continued
PROPOSED RULES: 213-----------..
-------- .19475 0- - 19438,19586
1518 -------------------- 19266 222------------------ .19476 19438,19591
1910 -------------------- 19266 223 ------------------ .19480
.19483 13,- --- - --- 19.-40
235 ---------------- 73 ----.-.- ...-- ..----
.-.--19310,19591
10AR1 81----- ---- 19503
30 CFR . . .... ... ...
74.. ... 19591
75 -------------------- 19497,19583 19503
41 CFR 87. 19503
1-15 ------------- ---- 19365 19367,19504
-32A CFR 3-1 ------------------------- 19586 91 . 19367,19588
OEP (Ch. I): 3-4 ------------------------- 19695 93 ............. . .19367,19504
ES Reg. 1: 8-52 ------------------------ 19499 95 ---------- 19367,19588
Circ. 18 ------------------ 19311 8-75 --------- 19696
Circ. 19------------------ 19440 8-95 ------------------------ 19696 PROPOSED RULES:
9-12 --------- ---- 19365 2119323
73 19442,19618
33 CFR 14-2 ----------------------- 19438 74 ---- - -- - --- ---- .19442
117------------- ----- 19694 14-18 ----------------------- 19438
147---------------- ---------19498 15-2 ------------------------ 19501
49 CFR t
PROPOSED RULES: 60-3 ------------------------ 19307
101-19 ------------------------ 19366 1---.....------- ..------- -19593
117 ------------ 19391, 19392, 19704 101-42 ---------------------- 19367 25 ... . 19369
36- CFR 114-26 ------------------------ 19502 3.. 19370
177-- 19370
PROPOSED RULES: 42 CFR 567_ .......................... 19593
2 ----------------------- 19388 568 --------....-.. 19593
PROPOSED RULES: 571__.19254
221 --------------------- 19506
78 ---------------------- 19607 575 ---------------- 19310
3 CFR 1033 19370
PROPOSED RULES: 45 CFR PROPOSED RuLS:
2 ----------------------- 19315 1201 ------------------------ 19697 56-- 19617
571 -19266, 19705
38 CFR PROPOSED RULES: 575 19617
21------------------------- 19252 1201 --------------------- 19400
50 CFR
39 CFR 46 CFR 28 -- - -- - -- - - -- - -- - - 19698
211 ------------------------- 19472 45 -------------------------- 19253 3 2 ....... 19311, 19370, 19594
25.19699
212 ------------------------- 19473 381 -------------------- 19253,19367

LIST OF FEDERAL REGISTER PAGES AND DATES-OCTOBER


Pages Date
19237-19291- Oct. 1
19293-19351--------------- 2
19353-19430-------- 5
19431-19484----------- . 6
19485-19564-------- . 7
19565-19660............... 8
19661-19893 - ---- 9
SATURDAY, OCTOBER 9, 1971
WASHINGTON, D.C.

Volume 36 M Number 197


0
PART"II

DEPARTMENT OF
THE INTERIOR
National Park Service

APPALACHIAN
NATIONAL SCENIC TRAIL
Route Selection

No. 197-Pt. U-1


19802 NOTICES
the National Park Service at 143 South tinues southwest. Beforo reaching Third
DEPARTMENT OF THE INTERIOR Third Street, Philadelphia, PA (covering West Branch Pond it turns south, traveraes
White Cap Mountain, turns west, crosses
trail sections from south boundary of
National Park Service Maryland northward); and the South- the West Branch of Pleatsant River and con-
tinues south. After shirting the east end of
APPALACHIAN NATIONAL SCENIC east Regional Office of that Service at Long Pond it ascends the Barron-Chairbacl:
the Federal Building, 400 North Eighth Range.
TRAIL Street, Richmond, VA (covering trail The Trail then follows Bodflsh Valley
Route Selection sections from north boundary of Vir- south, crosses Little Wilson Stream, turns
ginia southward). Detailed maps have west, crosses the stream again, then goes
Notice of a proposed route for the Ap- also been furnished the affected States south to Monson. Hero it turns west, through
palachian National Scenic Trail was for those portions of the selected trail Blanchard, over Breakneck Bridge, by Bald
published as Part II in the FEDERAL REG- route, within their boundaries. These Mountain Pond, over M o.xio Bald, skirts Moxio
sTr.a of February 9, 1971. The purpose maps are on file or are available for re- Pond via Joe's Hole, continues went over
of that publication was to give Federal, Pleasant Pond Mountain, and reaches the
view at the following locations: Kennebec River at Caratunil.
State and local governmental agencies,
private organizations and any land- Mr. Joseph E. Hickey, Jr., State Planner, Across the Kennebec, the 'Trail continues
Department of Agriculture and Natural west to Pierce Pond, then south around East
owners and land users directly affected Resources, State Office Building, Room 110, Carry Pond and leads west, skirting West
by the trail route location a further op- Hartford, Conn. 00115. Carry Pond and the south end of Flagstaff
portunity to provide us their advice and State of Georgia, Department of State Parks, Lake. Ascending Little Bigelow Mountain, it
assistance in selection of the trail route. 270 Washington Street SW., Atlanta, GA continues across the crest and over Mount
Numerous comments were received and 30334. Bigelow. At Cranberry Pond the Trail turns
all those submitted within and after the ir. Austin H. Wilkins, Forest Commissioner, south, crosses Croaker Mountain and con-
60-day period referred to in the notice Forestry Department, State House, Au- tinues southwestward acrozs Saddlobaci Jr.
have been.carefully evaluated prior to gusta, Maine 04330. Mountain. Coming off Saddloback, the Trail
Mr. Spencer P. Ellis, Director, Department of crosses Maine Highway 4 approximately 5
and in connection with selection of the Forests and Parks, State Office Building, miles south of Rangeley Village, sldrts both
official trail route as hereby designated. Annapolis, Md. 21401. Long Ponds, lead southwesterly by Sabbath
Most of the comments received were ir. Arthur W. Brownell, Commissioner, De- Day Pond, Four Ponds Stream, and follows
readily resolved as they involved only partment of Natural Resources, Leverett the summit of Bemia Mountain, After pas-
editorial changes of the published maps Saltonstall Building, 19th Floor, 100 Cam- Ing along the lower slope of Elephant Moun-
or verbal descriptions or they concerned bridge Street, Boston, MA 02202. tain it follows the East Branch of Blaok
noncontroversial trail route relocations Director's Office, Office of State Planning, Brook, goes through Sawyer Notch, pass0 C
of a minor nature. An area of primary State House Annex, Concord, N.H. 03301. Pond, follows Mountain Brook by Surplus
Labor and Industry Building, Room 806, Pond, crosses the West Branch of Ellis
concern to landowners, and thus the sub- Trenton. N.J. 08625. River, and continues to Frye Brook.
Ject of many comments, related to a seg- Mr. Harold J. Dyer, Deputy Commissioner The Trail then ascends over Little Bald-
ment of trail in northern, Virginia where of Parks and Recreation, The Campus. pate Mountain, continues over East and West
the proposed route designation was Albany, N.Y. 12226. Peaks of Baldpate, enters the Graf ton Notch
largely on privately owned properties or Division of State Parks, Department of Con- State Park, and descends Into Grafton Notch,
along hard-surfaced roads. servation and Development. Administra- The Trail follows the highway south for
tion Building, Room 200, Raleigh, -N.C. 0.5 mile, where it against turns west, as-
The National Park Service, in arriving 27611. cending steeply Old Speck iountain.
at the officially selected trail route for Mr. Conrad R. Lickel, Director, Bureau of
this segment of the Appalachian National From the summit of Old Speo: there is a
State Parks, Education Building, Post steep descent to Speck Pond. The Trail then
Scenic Trail, considered possible and Office Box 1467, Harrisburg, PA 17120. continues southwesterly through lahooue
feasible alternate routes and generally State of Tennessee, Division of Planning Notch and along the Maheosuc Range over
sought to provide trail locations that are and Develooment, 2611 West End Avenue, Fulling Mill and Goose Eye Mountains to
equal to or better in quality than the Nashville. TN 37203. Carlo Col, at the Malno-New Hampshire
The Hillside Block, Agency of Environmental
trail route proposed in the FEDERAL REG- Conservation, Court Street, Montpelier, line, 276.79 miles from the summit cairn on
ISTER publication of February 9. Meetings Vt. 05602. Katahdin.
were held directly with concerned land- Division of State Parks, Devartment of Con- NE'V xMrsmn
owners and/or groups representing them servation and Economic Develonment, From the Maine-New Hampshire border In
in an effort to arrive at solutions that 1201 State Office Building, Capitol Square, the Mahoosuc Mountain Range west of Carlo
would provide the best possible trail lo- Rdhmond. Va. 23219. Col the Appalachian Trail continues -south-
cations and environment, and at the Office of the Director. Department of Nat- westerly over the twln summits of Mount
same time would minimize the adverse ural Resources, 1800 Washington Street Success, passes Gentian Pond, Mom Pond
East, Charleston, WV 25305. and at Dream Lake leaves the ridge, The
effects upon adjacent landowners and
land users. These efforts also were coor- In accordance with section 7(a) of the Trail then descends southerly along Peabody
dinated with State and Federal officials, National Trail System Act of October 2, Brook to the Androtcoggin Valley crossing
1968, 82 Stat. 919, 922, notice is hereby the Androscoggin River on a highway bridge
private organizations and trail users hi and immediately crosses the Canadian Na-
the areas concerned. The trail route given of selection of the official route tional Railroad and U.S. Route 2. Hero it
herein designated, further, has had the of the Appalachian National Scenic begins the ascent out of the Valley southerly
endorsement of the Executive Committee Trail, which route is described and de- along Rattle River entering the White Moun-
of the Advisory Council for the Appa- picted as follows: tain National Forest to roach the ridge of
lachian National Scenic Trail. THE APPALACHIAN TRAnL the Carter-Morlah Mountain Range. It fol-
lows southwesterly over the summits of
LAWRENCE C. HADLEY, Mount Morlah, North Carter Mountain,
Assistant Director, From the summit cairn on Baxter Peak of iiount Lethe, Middle and South Carter
NationalPark Service. Mount Katahdin in Baxter State Park, the Mountains to Zeta Pass. It then ascenda and
Appalachian Trail leads west across the crosses Mount Hight and Carter Dome, drops
SEPTEMBER 28, 1971. Tableland, descends the Hunt Spur, crosses to Carter Notch and ascends steeply to Wild-
To facilitate more careful identifica- Katahdin Stream, passes Daicey Pond, and cat Mountain, crosses its several summits
tion Of the trail route selection by the descends to the Penobscot West Branch,
leaving Baxter State Park at 9.65 miles from
and descends westerly to Pnkham Notch
affected governmental agencies, land- the start. It then proceeds east a short dis- crossing New Hampshire Highway 16, The
Trail then goes northerly crossing the Mount
owners and other interested parties, a tance, crosses Abel Bridge, and continues Washington Carriage Road, and traverses
copy of this notice and detailed maps, west and southwest across Hurd Brook, over through and then along the perimeter of the
of the route location have been fied in Rainbow Ledges, and proceeds past Rainbow, Great Gulf Wilderness to the summit of
the Washington Office of the National Nahmakanta, and Lower Joe Mary Lakes. Mount Madison of the Presidential Range,
Park Service, Interior Building, 18th and The Trail then follows Cooper Brook to Turning south and continuing generally
C Streets NW., Washington, DC, Room BranchCrawford Pond, turns south to the East along the west boundary of the Wilderness
1210; the Northeast Regional Office of west some of Pleasant River, follows the river the Trail descends to Madison Hut, ascends
6 miles, then crosses, and con- and crosses the western flank of Mount

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19803
Adams, descends to Edmands Col, ascends to Dothan Brook, ascends to GrIggs Moun- It skirts to the west, then enters the Mount
and crosses the eastern flank of Mount Jef- tain, descends to and follows down along Greylcek State Reservation ascending south-
ferson, the western flank of Mount Clay and Podunk Brook to Vermont Highway 14 to erly to the north flank of Prospect Mountain
leaves the Wilderness southern boundary at West Hartford. The Trail then goes westerly where it turns east to descend and cross
the edge of the Great Gulf. The Trail, con- over Bunker Hill, then through the woods Notch Road, and ascends to the summit of
tinues south, crosses the Cog Rallway, as- to Thistle Hill, descends to cross a ravine, Mount Williams. The Trail then goes south-
cends the cone near the summit of Mount ascends again passing through field and erly along the ridge passing over Mount Fitch.
Washington and descends southerly to the forest to cross the Pomifret-South Pomfret Mount Greylock. Saddle Ball Mountain, and
Lakes-of-the-Clouds. Continuing generally Road, passes the southern flank of Topman Jones Nose where It descends to and follows
along the ridge of the Presidential Range the Hill, descends to cross Barnard Brook, along Kitchen Brook, leaves the Reservation
Trail goes southerly passing close to or over ascends and crosses the ridge of Frazler Hill by "wood road" and turns easterly to cross
the summits of Mount Monroe, Mount and descends to Vermont Highway 12. Con- Massachusetts Highway 8 at Cheshire, Mass.
Franklin, Mount Eisenhower. Mount Pierce, tinuing westerly the Trail leaves the rolling Continuing easterly on town roads the Trail
Mount Jackson, and Mount Webster to the Connecticut Valley farmland to enter dense crosses the Penn Central Railroad and then
eastern edge of Crawford Notch and leaves mature forest, ascends woods roads around heads southerly, skirts west of the Cobbles.
the White Mountain National Forest to enter Cobb Hill, passes near The Lookout, traverses passes Gore and Anthony Ponds on North
Crawford Notch State Park. It follows and several ridges and descends to the old Mountain, and descends into Dalton, Mass.
then descends from the Webster Cliffs, crosses Chatauguay Road which It follows down to Town roads are followed through the town
the Saco River on a footbridge, crosses U.S. anid crosses the North Branch of the Ottau- crossing Massachusetts Highway 8, passing
Route 302 and ascends uphill to Willey House quechee River. Then ascends to the ridge under the Penn Central Railroad, ascending
Station. It crosses the Maine Central Rail- and descends through the drainage basin of Grange Hall Road to turn southerly and
road and-then going northwesterly ascends Stony Brook, crosses a ridge and descends ascends on to a plateau. The Trail passes over
the western face of the Notch, leaves the to River Road. Continuing westerly, the Trail Tully Mountain and Warner Hill; enters the
State Park and reenters the National Forest crosses the Ottauquechee River on bridge and Pittsfleld Watershed Area; crosses Blotz
as it passes south of Mount Wlley to Ethan ascends over ridge to Kent Pond and up to Road; t:averses upland country; leaves the
Pond. , Vermont Highway 100. Crossing the highway Watershed Area; and then turns west on
It then continues in a generally westerly the Trail passes through the Gifford Woods Beach Road. south on Pittsfield Road to
direction, through Zealand Notch, over Zea- State Park camping area, enters the Green Washington Town Hall and west on Branch
Mountain National Forest, ascends westerly Road Into the October Mountain State Forest.
land Mountain, along Zealand Ridge, over
to th6 east flank of Deer Leap Mountain, The Trail continues southerly through the
Mount Guy, along the ridge to South Twin
Mountain, down to Galehead along the ridge turns south, descends and leaves the Na- Forest going over Bald Top, crosses County
tional Forest and crosses U.S. Route 4 at Road. skirts Finerty Pond. ascends to a ridge.
to Mount Garfield, down to Garfield Pond
Sherburne Pass. and pases over Walling and Becket Moun-
and along the ridge u to the North Peak
and then southerly to Mount Lafayette. The The Trail then begins Its southerly route tains and then descends to and crosses U.S.
following the contour of the ridges of the Route 20. Greenwater Brook and the Mas-
Trail continues south along the Franconia
Green Mountains. Ascending the north sachustts Turnpike Toll Road.
Ridge over Mount Lincoln and Little Hay-
stack Mountain, and just north of Mount flank of Pico Peak, it follows the ridge, passes The Trail then bears southwesterly, crosses
on the west flank of Killington Peak, and the a ridge. passes around the east end of Upper
Liberty turns west, and descends past Liberty
Spring, enters Franconia Notch State Park east flank of Little Klllington Peak, descends Goose Pond, ascends to, follows, and descends
and descends to and crosses U.S. Route 3. to, crosses and follows Cold River to the from a ridge to the south end 6T Goose Pond.
North Clarendon-North Shrewsbury Road. Thence following old dirt roads, traverses
The Trail then bars northwesterly and fol-
It crosses over a ridge to Beacon Hill and over another ridge, descends to the Tyring-
lows Cascade Brook up to Lonesome Lake descends
to and crosses Vermont Highway 103 ham Valley. follows paved roads through
where It bears west, reenters the National
and the Green Mountain Railroad. The Trail Tyringham, crosses the valley to its west
Forest and ascends to North Kinsman Moun- then crosses the Clarendon
Gorge of the Mill side, follows an old dirt road over another
tain. Here -the Trail turns south, descends
River on a footbridge and follows a ridge. ridge, enters Beartown State Forest. and
to a powerline and passes Mount Wolf, then passes between Bear Mountain
and Button crs.es Beartown Mountain Road. Going
descends steeply to Kinsman Notch where it Hill and descends to and crosses Vermont westerly the Trail crosses East Brook. trav-
passes through the Society for the Protection
Route 140 where the Trail reenters the Na- erses a ridge, crosses Mount Wilcox Road
of New Hampshire Forest Lost River Reser- tional Forest. Continuing south the Trail and ascends to Mqunt Wilcox. The Trail then
vation, and crosses New Hampshire Highway crosses two dirt roads, ascends to White Rocks turns south, recrosses Mount Wilcox Road,
112. Steeply ascending southwesterly along Mountain, descends and crosses Homer Stone pases around the east end of Benedict Pond,
Beaver Brook the Trail enters the National Brook, ascends to Little Rock Pond. and de- leavea the State forest, crosses Blue Hill
Forest, passes near the summits of Mount scends to and crosses Forest Service Road No. Road, and descends to and follows Massachu-
Blue and Mount Moosilauke and then de- 10. Continuing southerly the Trail de--cends etts Highway 23 to the west to Monument
scends the southwest side of Moosilauke, to and crosses Big Branch on a footbridge, Valley Road. The Trail then begins the ascent
leaves the National Forest. descends a paved 'ascends to Baker Peak. descends to Griflth of East Mountain, enters East Mountain
road. and reaches New Hampshire Highway Lake, ascends to and follows the ridge over State Forest, traverses upland, leaves the
25 in the village of Glenclif. Turning north- Peru Peak and Styles Peak, drops to Mad forest, 4ecends to and crosses Homes Road,
westerly the Trail follows the abandoned Tom Notch, ascends to Bromley Mountain ascends and crosses a ridge south of June
Boston and Maine Railroad, reenters the Na- and descends to and croses Vermont High- Mountain, and de-ends Into the Housatonic
tional Forest, passes the Wachipauka Pond, ways 11 and 30. Continuing south along the Valley. A series of roads are Yellowed across
leaves the National Forest (last time) at its ridge east of Spruce Peak to Prospect Reck the valley as the Trail goe5 westerly following
western boundary and crosses New Hamn- thence along a plateau area past Bourne Boardman Street. Kellogg Road (cross Hou-
shire Hilghway 25C. Continuing southwesterly Pond and Stratton Pond to descend gradually ratonle River). U.S. Rout 7, Limekiln Road
the Trail passes Lake Armington and Upper to the Arlington-West Wardsboro Road. (cros Penn Central Railroad), continuing
Baker Pond, crosses New Hampshire Highway Crossing the road and then southerly along westerly, crossing Massachusetts Highway
25A, ascends to the summit of Mlount Cube, the ridge, passes Story Saring and South 41. and Jug End Road. Here the Trail ascends
passes abandoned Quintown, ascends along Alder Brook passing over the summit of Glns- Jug End and gains and follows a ridge south
Mousley Brook to the, summit of Smarts tenbury Mountain and decending along the over ount Bushnell entering Mount Everett
Mountain and descends to and crosses the ridge west of Bolles Brook to the crossIng Reservation. Skirts to the east of Mount
Lyme-Dorchester Road. contlnuint westerly of Vermont Highway 9. Ascending to the ridge Undine and Guilder Pond, passe over Mount
cn road, ascends Holts Ledge continuing over Harmon Hill, descending to Stamford Everett, leaves the Reservation, goes over
sauthwesterly in valley between Bear Hill Stream, ascending along the stream, pasing Mount Race and then descends, to Plantain
and Holts Ledge to and crossing Hewes Brook east of Sucker Pond, traversing the ridge. Pond. The Trail de-cends south past Bear
Road. It continues up north face of Moose crossing County Road and continuing along Rock Falls, turns wect into Sages Ravine
Mountain and drops along west side of Moose the flat ridge to the Vermont-Massachusetts Brook, then turns south to begin the ascent
Mountain ridee to Trail junctron then west- border, the Trail leaves the National Forest. of Bear Mountain, cres; the Massachusetts-
erly crosses farm country and dirt roads. Connecticut line and ascends- to the summit
crosses a ridge and then follows hard-surface of Bear Mountain.
Wheelock Street through Hanover, N.H. The Trail enters the Clarkrburg State
Forest, continues south along the ridge of
VE=RONT - East Mountain, then descends into the From summit of Bear Mountain, the Trail
The Trail crosses the Connecticut River Hoosic Valley leaving the State Forest and deends south along the ridge, ascends Lion
entering Blackington, Massachusetts. The Head. und croc sm pazture to Cobble Road.
on New Hampshire Highway 120, entering
Trail crosses the Boston and Maine Railroad The Trail follow- Cobble Road and U.S.
Vermont, where a hard-surface road is fol- and Hoosic River on a foot bridge, croses
Route 44 east, enters Salisbury Town Forest,
lowed .westerly until the Trail reenters the Massachusetts Highway 2, ascends from the
continuing east, cro=e abandoned pasture
woods. The Trail then crosses a ridge,, drops valley to the Mount Williams Reservoir which
to wooded col on slope of Prospect Mountain.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCXOBER 9, 1971


19804 NOTICES
The Trail now descends southeast to Ames- tan crossing Palisades Parkway, continues to descends into the Swatara Gap leaving Game
vlle where town roads are followed through Seven Lakes Drive at the north end of Lake Lands at bottom of the mountain. Crossing
the village, where Housatonic River, Penn TIorati. It then goes southwest along Fin- the Swatara Creek on Iron bridge, it then
Central Railroad and U.S. Route 7 are gerboard Mountain, then west over Sure- crosses under Interstate 81 while following
crossed. The Trail ascends over Barrack bridge Mountain and passes north of Island Pennsylvania Highway 72, and turns left
Mountain to Musicl Mountain Road, jogs east Pond. It then goes over Green Pond Moun- following secondary roads acros the valley
along road then ascends through Dean Ra- tain, descends, and crosses over the New to Dltzlers Farm.
vine. The Trail recrosses Music Mountain York State Thruway at Arden and climbs It enters the woods of Pennsylvania Gamo
Road, enters Housatonic State Forest, crosses Arden Mountain, where It leaves Bear Moun- Lands from Raush Gap, It then continta
West Yelping Hill Road, continues south- tain-Harriman Park. The Trail then con- northwest through St. Anthony's Wilderness
east through State Forest, crosses Yelping tinues westerly, crosses Orange Turnpike, reaching the crest of Stony Mountain, de-
Hill Road, descends to Connecticut Highway goes north o Little Dam Pond, over Bu- scends to Clarks Valley, and cro=sLe Pennsyl-
4, traversing ridge to ski area in the State chanan Mountain, and climbs Mombasha vania Highway 326 at end of Game Lando,
forest and descends, leaving the forest, to High Point. It then crosses New York High- After ascending Peters Mountain the Trail
town roads southeast of Cornwall. It then way 17A, slabs the east side of Bellvale turns left (west) following the rldgeorest,
follows a local road South, then turns west Mountain, with Greenwood Lake to the east, crosses Pennsylvania Highway 226, then fol-
and ascends slope of Coltsfoot Mountain, and then continues southwest entering lows ridge to end and descends to the Sud-
descends to U.S. Route 7, recrosses Housa-, New Jersey on Bearfort Mountain. quehanna River at Clarks Ferry. The Trail
tonic River, follows Connecticut Highway 4 crosses the river at bridge on U.S, RoUtes 22
and a local dirt road on south side of Bread- N EV JERSEY
and 322 and on west banl: follows High Street
loaf Mountain, turns south, crosses a ravine The Trail enters New Jersey at Abram S. through Village of Duncannon, crosses Sher-
and Connecticut Highway 4. Trail continues Hewitt State Forest and passes above Upper man Creek, and ascends Cove Mountain pass-
south along abandoned roadssometimes close Greenwood Lake. Proceeding westerly, the Ing Hawk Rocks. It then follows crest of
to the Housatonic River. The Trail turns west, Trail crosses the Warwick Turnpike north Cove Mountain to Grier Point crossing
ascends Caleb Peak, crosses Skiff Mountain of Parker Lake and enters Wawayanda State Pennsylvania Highway 850. Then it ascends
Road, continues west, enters Macedonia Park. It slabs the east side of Wawayanda north side of Blue Mountain to Deans Gap.
Brock State Park and crosses Fuller Moun- Mountain descending westerly, reaching Ver-
tain Road, continues west and southwest, After descending south side of Blue Moun-
non Valley and continuing west on Maple tain It crosses Pennsylvania Highway 094 just
then ascends Cobble Mountain, turns south Grange Road. It then goes northwesterly over east of Donnellytown and crosses Conodo-
traversing hills of the State park, and leav- Pochuck Mountain, descends and enters New
ing the park descends to Macedonia fBrook qunet Creel: and the Cumberland Valley us-
York State at Liberty Corners, and continues ing secondary roads and trails. It crosses
Road. Then the Trail jogs right along the northwesterly on the road to Unionville. It
road, turns left, crosses ridge, descends to and under Interstate 81, U.S. Route 11 west of
continues west on roads, reenters New Jer- New Kingstown and over Pennsylvania Turn-
follows Connecticut Highway 341 to the right sey near Rockport continuing through Mount
for a short distance, turns left on a local pike. Following Old Stone House Road, It
Salem and crossing New Jersey Highway 519 passes through Churchtown and crosses rail-
improved road, then right, traversing Mount where it climbs to, top of the Kittatinny
Algo. Trail crosses Thayer Ravine Brook, and road at Leidighs, and crozse Yellow Breeches
Ridge at the High Point Memorial State Park. Creek. From here it follows the first ridge
ascends Schaghticoke Mountain.-On westerly The Trail stays on the highest part of the
slope of the mountain, Trail crosses the of South Mountain and goes around the
ridge and passes the following points of im- boundary of York YMCA Camp, It crosses
Connecticut-New York State line. portance: New Jersey Highway 23, Lake Whisky Spring Road, Rocky Ridge, and Old
NEW YORK Rutherford, Sunrise Mountain, U.S. Route Town Road, before descending the ridge to
206 at Culvers Gap and Culvers Lake, Lake
As the Trail enters New York on Schaghti- cross Pennsylvania Highway 94,
Kittatinny, Brink Road, Rattlesnake Hill Trail crosses Trent's Hill and then croses
coke Mountain, descends to Dogtail Corners, (now called Paradise Hill) and Mount Mo-
and continues south southwest over an out- Pennsylvania Highway 34, the railroad and
hican. It passes Sunfish Pond and reaches the Hunters Run Road. It ascends to Ridge of
let from Ellis Pond, it crosses Ten Mile River Delaware River at Dunnfleld Creek.
at Webatuck, crosses New York Highway 55, Piney Mountain, passing Tag Run Shelters.
and proceeds In a southwesterly direction PENNSYLVANIA then follows ridge southwest and passes Polo
just to the west of a marsh on the west Steeple Trail, descends to Fuller Lake and
The Appalachian Trail crosses the Dela-
shoulder of Leather Hill. The rall-then reaches Pennsylvania Highway 233 in Pine
ware River on the Interstate 80 highway
climbs a peak in Hammersly Ridge, altitude Grove Furnace State Park. The Trail leaves
bridge entering Pennsylvania and turning
1053, just west of Quaker Lake and turns the State Park crossing Pennsylvania High-
left following a Delaware Water Gap Village
sharply west northwest. Crossing State High- street passing Lake Lenape, reaching the way 233 and reenters Michaux State Forest.
ways 85 and 22 the Trail follows a country crest of the Blue Mountain on Mount Minsi. It crosses Camp Mlchaux on the abandoned
road northwesterly for about a mile then Old Shippensburg Road. It ascends to the
The Trail follows the crest of the ridge
turns west to a point about a mile north- traveling west crossing Tots Gap, Fox and ridge of South Mountain, passes through the
of Nuclear Lake where it turns south over Wind Gaps, passes through Pennsylvania Tumbling Run Game Preserve and Caledo-
a hill 923 feet high to West Pawling. It con- Game Lands across Smith and the Little nia State Park and crosses U.S. Route 30 in
tinues southwesterly along the east shoulder Gaps, leaves the Game Lands, dips down into this Park. It skirts Old Forge State Plnlo
of Depot Hill then swings west across New Grounds to the south and crosses Pennsyl-
the Lehigh Gap, and crosses the Lehigh River
York Highway 52 and over Stormville loun- vania Highway 16, northeast of Penmar.
on the Pennsylvania Highway 873 bridge. At
tain. Turning southwest again the Trail pro- the west end of the bridge the Trail ascends MARYLAND
coeds just west of the height of land of the
the Blue Mountain (crossing Lehigh Fur- In Maryland the Trail skirts the edge of
Hosner Mountains, crosses the Taconic State
nace Gap, Bake Oven Knob, and Pennsyl-
Parkway at the junction with Miller Hill Penmar through the Western Maryland Rail-
Road, and goes south on Shenandoah Moun- vania Highway 309), following the crest for 9
way abandoned park and traverses the Fort
tain. The Trail enters Fahnestock State Park miles where 'the Trail turns sharp left Ritchie Military Installation on the road to
from the north, 0.3 mile from the Taconic (south) descending just east of Hawk Moun- the High Rock. It follows the ridge of South
Parkway, continues west of Canopus Lake, tain Sanctuary, and goes through the Village
Mountain, continuously pasing through
then goes south along Canopus Creek to a of Eckville where the Trail ascends the
mountain. At the top of Blue Mountain it Greenbrier State Park (at U.S. Route 40 and
point south of Sunken Mine Pond where it Interstate 70), Washington Monument State
turns east, crossing the Pinnacle Rocks, then
turns southwest and proceeds to Moneyhole Park, Turners Gap at U.S, Route 40A, and
Mountain. The Trail crosses Moneyhole turns south around the Valley Rim, descends
Into a hollow, passes the Hamburg Reservoir, Gathland State Park. At Weverton Blui the
Mountain, leaves the Park and descends to Trail bears west along the towpath of the
Nelson's Corners. It then proceeds south- again ascends the Blue Mountain, crosses
over to the north side, and descends to the Chesapeake and Ohio Canal National Mon-
westerly to the Catskill Aqueduct, follows ument and crosses the Potomao over the San-
this south to Phillips Brook Road, goes west Schuylkill Gap in the Village of Port Clin-
ton. After passing through the Village and dy Hook Bridge of U.S. Route 340,
on this for about 0.6 mile, then goes south
over 'Fort Hill. The Trail picks up a second- crossing the Schuylkill River it turns left, VEST vinaIZoA
ary road to Cat Rock Road, follows Cat and ascends very steeply to the crest of the In West Virginia the Trail crozze the
Rock Road for about 0.4 mile, turns sharply Blue Mountain where It enters State Game Harpers Ferry National Historical Park on
west, then continues southwesterly over Lands, follows Trail and Game feeding roads Loudoun Heights above U.S. Route 340 and
Canada Hill, north of Anthony's Nose, and to Pennsylvania Hiehway 183, which is fol- follows the ridge along the Vlrginia-West
then crosses the Hudson on the Bear Moun- lowed for 0.5 mile and dins into Schubert
Virginia State line to a point 2 mlles north
tain Bridge. The Trail enters Bear Mountain- Gap, and after 2 miles more leaves Pennsyl-
vania Game Lands going around the of Snickers Gap.
es-
Harriman Park right after it crosses the sel and reaching Pennsylvania Highway 501. VInOINIA
Hudson. It passes the Bear Mountain Inn, It follows the ridge, crossing Pennsylvania The Trail crosses Virginia Highway I at
goes over Bear Mountain and West Moun- Highway 645, continues on ridge crest, and Snickers Gap just west of Bluemont, The

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19805
Trail then parallels Route 7 in a westerly di- and over McAfee Knob. Descending It crosses
rection for a short distance then continues Catawba Creek and ascends Cove Mountain
south along the west slope of' the Blue to the northwest where it enters the New Continuing into Tennessee, the Trail fol-
Ridge Mountains. South of U.S. Route 50 at Castle Ranger District of Jefferson National lows the crest of Holston Mountain, some-
times crossing to one side or another of the
Ashby Gap the Trail is generally just west of Forest, descends northwest along Trout
crests and summits. About 8 miles from the
the Fauquier County Line, crossing Virginia Creek and crosses Craig Creek at Webbs Mills. Vlrginta-Tennessee State line the Trail
Highway 55 in Linden and U.S. Route 522 Then It ascends along Turnpike Creek to the
crest of Sinking Creek-Mountain at which crosss through McQueen Gap. Continuing
at Chester Gap. along the crest of Hoiston Mountain, it
Fiom Chester Gap the Trail goes south- point It leaves the New Castle Ranger Dis- pases by McQueen Knob Firetower, passes
west to enter Shenandoah National Park and trict and enters the Blacksburg Ranger Dis- through Double Spring Gap, over Locust
ascends to the ridge crossing Skyline Drive trict of Jefferson National Forest. Sinking Pole Knob and then gradually descends to
at Compton Gap. For 96 miles the Trail fol- Creek Mountain is followed for about 10
miles. After crossing Virginia Highway 42, Low Gap where U.S. Route 421 crosses Hol-
-lows the ridge in the Park, crossing U.S. ston Mountain. Here the Trail continues
Route 211 and Virginia Highway 33 at their the*Trail ascends Johns Creek Mountain at southwest, generally along the crest of rol-
intersections with Skyline Drive and with Kelly Knob and follows the ridge crest north ston Mountain. for another 3 miles, cross-
occasional, additional crossings of Skyline to Rocky Gap, descending and crossing Johns ing Locust Knob and circling north and
Drive. South of Shenandoah Park the Trail Creek. Then it ascends to Lone Pike Peak. east of Rich Knob. In the gap northwest of
remains on the ridge and- then descends to turns west and follows the crest of Potts
Rich Knob, the Trail leaves the crest of
the Blue Ridge Parkway crossing Interstate Mountain and Big Mountain. At Bailey Gap Holston Mountain and proceeds in a south-
64 and U.S. Route 250 at Rockfish Gap. From 'it descends to Interior. After crossing White easterly direction on national forest land
Rockfish Gap, the Trail follows State Route Rock Mountain the Trail descends into the along Cross Mountain. At the lowest point
610 until crossing the Blue Ridge Parkway Stony Creek Valley before ascending to on Cross Mountain. the Trail crosses Ten-
and entering the George Washington Na- Peters Mountain. The Trail then follows
along the Virginia-West Virginia border for neze Highway 91. The Trail continues
tional Forest. The Trail ascends Elk M6oun- southeasterly 1 mile. then turns abruptly
tain, descends into Mill Creek, arcends Doble 9 miles. Before reaching New River It
southwest and foilos the crest of Iron
Mountain, follows a ridge crest through turns south and follows Hemlock Ridge to Mountain for about 15 miles. The Trail
Humpback Gap, crosses the Rocks and U.S. Route 460 bridge over New River. This
pa=es through Turkeypen Gap, then con-
Humpback Mountain, and descends to Laurel highway is followed for about one and one- tinues very nearly in a southwest direction.
Springs Gap. After passing to the west of fourth miles before turning right into a
At about 15 Trail miles from Tennessee
Devils Knob, the Trail descends to Reeds street at the edge of Pearlsburg; after 100 Highway 91 the Trail begin: a steady descent
Gap, crosses Bee Mountain, ascends to and yards turn right into Virginia Higlway 635
along the zouthwest end of Iron Mountain.
follows Three Ridges, passes by Chimney and then one-half mile left nto woods and One mile farther' it reaches a paved access
Rock, descends Harpers Creek, crosses the Tye start steep climb up Pearls Mountain. From read, which leads to the Watauga Dam
River via a bridge and"follows State Route Angels Rest. following southwest along the
Visitors Center.
56 to the northwest for 0.5 mile. The Trail crest of Pearls Mountain. the Trail crosses
leaves State Route 56, follows Cripple Creek, Sugar Run Gap and Sugar Run Mountain Beyond the Watauga Dam road, the Trai
ascends the north slope of the Priest, fol- before descending into Dismal Creek Valley ascends southwesterly to a summit, then de-
lows the ridge crest, crosses Maintop Moun- and Kimberling Creek Valley. It croses ccenda steeply in a northwesterly direction
tain, Porters Ridge, Elk Pond Mountain, and through Lick Skillet Gap to the village of and follows the Watauga Dam access road to
passes to the east of Rocky Mountain. The Crandon. Va., where It leaves the Jef- the highway bridge across Wilbur Lake. Im-
Trail descends to Salt Log Gap, crosses Tar ferson National Forest. Here the Trail mediately beyond Wilbur Lake the Trall
Jacket Ridge, descends to Hog Camp Gap, crosses Virginia Highway 42 and Walker turns left and a=ends steeply for about 2
crosses Cole Mountain, descends to Cow- Creek Valley. then ascends steeply to the miles to the summit of Iron Mountain. It
camp Gap, crosses Bald Knob and descends crest of Walker Mountain where It enters continues southwesterly along the crest of
to U.S. Route 60, follows Brown Mountain the Wythe Ranger District of Jefferson Na- Iron Mountain for another 23 miles and
Creek and Swapping Camp Creek to the tional Forest. Walker Mountain is followed deccends Its south slope to Tennessee High-
Lynchburg Reservoir, passes to the south of southwest for about 30 miles. At Redding way 67. The Trail crosses the highway and
the reservoir, follows Little Irish Creek, as- Gap beyond Big Walker Fire Tower the follows Laurel Fork upstream. For the next
cends Rice Mountain, follows the ridge Trail turns left and descends steeply to 2.5 miles the Trail follows close by the stream
crest, crosses the Blue Ridge Parkway, as- Reed Creek. Then It ascends and follows bed. passing by the so-called "Buckled
cends to Punchbowl Mountain, follows the Little Brushy Mountain and descends Davis Rock." Approximately 2.5 miles from Tennes-
ridge across Bluff Mountain, descends to Hollow to Interstate 81 and then U.S. Route cee Highway 67 the Trail reaches Laurel
Salt Log Gap, passes to the west of Silas 11. The Trail. after crossing the valley of Falls where it climbs away from the stream
Knob and follows the ridge crest across Holston River, then climbs Galde Mountain until It reaches what was formerly a logging
Saddle Gap. It then crosses on the south crossing Locust Mountain to Brushy Moun- railroad bed. Following the railroad bed the
side of Big Rocky Row, Little Rocky Row, tain which is followed southwest descend- Trail enters Dennis Cove about 3.5 miles from
descends Johns Hollow to the confluence of Ing to Rye Valley where It enters the Mount Tennessee Highway 67. Then It ascends
Cashaw Creek and the James River, and Rogers National Recreation Area, and leaves southwesterly along Coon Den Branch to the
crosses the James Rivei on U.S. Route 501. Wythe Ranger District. After cro sing Rye crest of the northwest spur of White Rocks
The trail turns right ascending the slope Valley, the Trail then circles summit of Mountain which is followed to White Rocks
on the west side of James River where it 'High Point and descends to Virginia High- Mountain Firetower. Beyond the flretower
enters the Glenwood Ranger District of the way 16. Then it traverses the north slope of the Trail continues southeast, then gradu-
Jefferson National Forest. gradually curving Hurricane Mountain. Shortly after reaching ally more easterly along the crest of White
south to Marble Springs on the ascent to crest of Hurricane Mountain the Trail de- Rocks Mountain. Passing through Moreland
High Cock Knob. In a short disthnce the scends to the southeast and crosses Vir- Gap It enters the Walnut Mountain Road
Trail descends into Petites Gap then crosses ginia Highway 603. It then ascends the and continues southeasterly still following
and recrosses the Blue Ridge Parkway after north slope of Pine Mountain to Wilburn the crest of White Rocks Mountain. After 2
which it circles the peak of Apple Orchard Ridge. The Trail then ascends to the summit miles the Trail turns sharp right from the
Mountain, the highest peak in the area. It of Mount Rogers. the highest peak in Vir- Walnut Mountain Road and follows lesser
then circles the headwaters of Cornelius ginia, and follows Elk Garden Ridge. From roads and trails in a south to southeasterly
Creek, leads across Floyd Mountain and fol- Elk Garden It ascends over Whitetop Moun- direction to U.S. Route 19E just east of the
lows the crest of Bryant Ridge until it drops tain, passes Buzzard Rock. skirts Beech Tennezaece-North Carolina State line.
off into Jennings Creek, then ascends to the Mountain then follows Lost Mountain and
descends to Creek Junction. passing by Tay- T=;flE55EE-NOZTH CAZOIflA
crest of Cove Mountain near the town of
Buchanan, Va, A steady ascent around lor Valley. After crossing U.S. Route 58 It The Tennessee-North Carolina State line
the headwaters of Bearwallow Creek brings ascends to Feathercamp Ridge before drop- Is followed in general all the way to Doe
the Trail across the Blue Ridge Parkway ping into the town of Damascus, Va. From Knob in the Smokies. The Trail ascends the
where the Trail and the Parkway run paral- the intersection of U.S. Route 58 and Virginia northern spur of Hump Mountain and then
lel for a few miles due to the extremely Highway 91 the Trail follows the streets descends southwesterly to Bradley Gap. Be-
narrow ridge. The Trail then passes in the through Damascus and ascends the northeast yond Bradley Gap It ascends along the east
vicinity of Fullhardt Knob after which it end of Holston Mountain. About 2.5 miles slope of Little Hump Mountain and climbs
leaves the Jefferson National Forest and from the junction of U.S. Route 58 and Vir- to the summit of Yellow Mountain (shown
descends to the valley where U.S. Route 11 ginia Highway 91 the Trail enters the Pur- on some maps as Little Hump Mountain).
and U.S. Route 220 are followed for a short chase Area of the Jefferson National Forest. The Trail continues southwest to the junc-
distance and Interstate 81 is underpassed After another 1.5 miles the Trail leaves the tion of Big Yellow Mountain (sometimes
prior to climbing to the crest of Tinker State of Virginia and the Jefferson National locally known as Big Yellow Bald). Here the
Mountain which it follows around Carvin Forest. The Trail then enters the State of Trail turns northwest and follows along the
Cove Lake to the crest of Catawba Mountain Tennessee and the Cherokee National Forest. crest and along the Tennessee-North Carolina

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19806 NOTICES
State line to Yellow Mountain Gap. From Hollow Trail and goes along the Tennessee Carolina slope of Mount Chapman, goes
Yellow Mountain Gap the Trail ascends side into Bearwallow Gap. From this Gap the through Chapman Gap, crosses summit of
westerly, then descends in a south to south- Trail skirts the North Carolina slope below Mount Sequoyah, goes through Copper Gap,
westerly direction. After passing through the State line crest at Jones Meadow, circles crosses Eagle Rocks, goes around North Caro-
Buckeye Gap, the Trail ascends to the sum- the south side of Camp Creek Bald Summit lina side of Pecks Corner (intersection of
mit of Elk Hollow Ridge and continues west- and rejoins the State line just beyond on Hughes Ridge and State line--North Caro-
erly along the main ridge crest, still follow- Seng Ridge. The Trail descends close to the lina side of Research Reservation ends hero),
ing the Tennessee-North Carolina State line. State line and crosses Allen Gap at the junc- crosses Woolly Tops Lead (Tennessee side of
After ascending about 1 mile it goes around tion of North Carolina Highway 208-Tennes- Research Reservation ends hero), passes
the northern slope of Grassy Ridge Bald; see Highway 70. Continuing along the State around Tennessee side of Laurel Top and
passes over Jane Bald, through Engine Gap, line the Trail ascends to Buzzard Roost goes through False Gap. The Trail then
over Round Bald; and descends to Carvers Ridge, passes through Deep Gap, over Spring crosses crest of Porters Mountain on 'Ton.
Gap, through which passes Tennessee High- Mountain and Into Hurricane Gap where nessee side, passes through Porters Gap,
way 143 or North Carolina Highway 261. forest service roads from both States join. continues along the Sawteeth, goes around
From Carvers Gap the Trail zigzags up the Proceeding to Rich Mountain the Trail leaves Tennessee end of Richland Mountain, goes
slope of Roan High Knob passing to the north the State line for 16 miles descending Round- through Dry Sluice Gap, goes around Ten-
of the summit. Beyond Coltens Cliff, the top Ridge to the French Broad River and ne3seo ide of Charlies Bunion, traverses
Trail leaves the summit of Roan Mountain Hot Springs, N.C. Here the Trail follows U.S. North Carollina slope of Mount Kophart,
and descends along the State line passing Routes 70 and 25 through Hot Springs for then continue to Newfound Gap where U.S.
through Ash Gap and over Beartown Moun- 0.25 mile then ascends the west bank of Route 441 is crossed. From Newfound Gap the
tain and Hughes Gap. From Hughes Gap the North Carolina Highway 209 to the French Trail crosses Mount Mingus Ridge, passes
Trail ascends to the north to the summit of Broad Manger Headquarters of the national through Indian Gap and Little Indian Gap,
Little Rock Knob where it turns westward forests in North Carolina. The Trail ascends crosses summit of Mount Collins, passes
and generally descends following the ridge Deer Park Mountain through Taylor Hollow through Collins Gap and crosses summits of
crest and the State line. Seven miles from Gap and into Garenflo Gap. Ascending from Mount Love and Clingmans Dome. From
Hughes Gap the Trail swings southwesterly Garenflo Gap the Trail passes over Bluff Clingmans Dome the Trail crosses Mount
and descends to Iron Mountain Gap through Mountain and around the south slope of Buckley, passes through Double Springs Gap,
which Tennessee Highway 107-North Caro- Tennessee Bluff, rejoins the State line and crosses Jenkins Knob, continues along "The
lina Highway 226 pass. From Iron Mointain Narrows," and reaches the summit of Silers
crosses briefly Into Cocke County, Tenn., just
Gap the Trail ascends to the southwest along Bald, From Silers Bald the Trail ptzs
before coming into Kale Gap and crossing
the State line ridge crest, passing over the through Buckeye Gap, crosses North Carolina
summit of Little Bald Knob. It then descends back to North Carolina. A half mile further
the Trail loops into Tennessee over the sum- side of Cold Spring Knob, crosses Hemloel
to the northwest passing south of Piney Ball Knob, traverses slope of Mount Davis, passes
and descends to Cherry Gap. From Cherry mit of Walnut Mountain and returns to the
State line at Lemon Gap. Here the Trail fol- through Sams Gap, crosses Derrick Knob and
Gap the Trail follows the main State line Chestnut Bald, goes through Sugar Tree Gap
ridge crest southwesterly and then goeswest lows Rich Mountain, then Max Patch
Mountain. and Starkey Gap, traverses North Carolina
to Low Gap. Beyond Low Gap the Trail as- slope of Brier Knob near the summit, passes
cends on the north slope of Unaka Mountain Generally following the State line crest
the Trail passes through Brown Gap, ascends through Mineral Gap and Beechnut Gap,
until it reaches and follows Forest Service
and crosses summit of Thunderhead. From
Unaka Mountain Road. At Pleasant Garden Harmon Den Mountain, drops into Deep
Thunderhead the Trail crosses Rocky Top,
it begins a descent to the southwest to Deep (Ground Hog Creek) Gap, and crosses Wild-
Spence Field, and Mount Squires, passes
Gap (shown as Beauty Spot Gap on Geodetic cat Top and the West Peak of Snowbird
through Maple Sugar Gap and McCampbell
Survey Maps), it passes over Beauty Spot "Mountain. At Spanish Oak Gap the Trail
Gal$, traverses North Carolina side of
then descends to the north side of Indian turns sharp left from the State line, descends
McCampbell Knob and Russell Field and
Grave Gap and continues to the Nollchucky by a wide loop near the head of Painter Creek
passes through Little Abrams Gap and Big
River via Curley Maple Gap and Jones in North Carolina, then swings westward to
Abrams Gap. After reaching the crest of
Branch. The Nolichucky River is crossed on cross into Tennessee and descends to pass Locust Knob It crosses Devils Tater Patch,
an old concrete highway bridge. From the under Interstate 40 and then over the Big passes through Ekaneetlee Gap, goes around
west side of the bridge the Trail ascends to Pigeon River on the road bridge 1 mile down- North Carolina side of Powell Knob, passes
the west and then south along Cliff Ridge. stream from the North Carolina State line through Mud Gap, and reaches summit of
Cliff Ridge merges with Temple Ridge, which at Waterville. From south end of Browns Doe Knob.
the Trail follows to the southwest to a point Bridge across Big Pigeon River, 1 mile west NORTH cAWOLINA
a short distance below Temple Hill Fire- of Tennessee-North Carolina line, the Trail
tower. From this point the Trail descends traverses privately owned land for 1.5 miles, At Doe Knob the Trail leaves crest of
southeasterly to Temple Hill Gap. Beyond going south along the right (east) bank of Great Smokies and turns south into North
Temple Hill Gap the Trail proceeds to the Tobes Creek. Crossing State Line Branch, the Carolina. From Doe Knob the Trail traverses
east and southeast, maintaining a nearly Trail turns east along State Line Branch for west slope of Greer Knob and passes ,through
constant elevation around the north and east 0.5 mile and goes north to ridge crest which Birch Spring Gap, Red Ridge Gap, and Sas-
side of No Business Knob. At Devils Creek it follows east and then south to Davenport saTras Gap. From Sassafras Gap the Trail
Gap the Trail crosses the State line from Gap. After crossing North Carolina Highway follows a jeep road south for about 0.3 mile
Tennessee into North Carolina and ascends to 284 in Davenport Gap the Trail traverses the to a point 0.1 mile southwest of Shucstacl
the east and then descends to the south to Great Smoky Mountains National Park for where it leaves the road and continues south
reach U.S. Route 19W east of Spivey Gap. some 68 miles. For the first 60 miles the Trail down the ridge. It then turns east and passes
At Spivey Gap the Trail crosses U.S. Route closely follows the crest of the Great Smoky through gap between Shuckstack and Little
19W. Reaching and climbing Little Bald Mountains in a southwesterly direction Shuckstack, goes around west side of Little
Mountain the Trail passes through a treeless (which is the State line between Tennessee Shuckstack and descends along ridge reach-
sag known as "Big Stamp." Beyond the sum- and North Carolina) sometimes in one State ing road 0.6 mile north of Fontana Dam, The
mit of Big Bald it descends westward to Low or the other, and often directly on the State Trail follows this road to Fontana Dam on
Gap, Street Gap, and Sams Gap where U.S. line. From Davenport Gap the Trail reaches Little Tennessee River where it exits Great
Route 23 is crossed. the crest at a point 0.5 mile west of Mount Smoky Mountains National Park. The Trail
After crossing U.S. Route 23 the Trail Cammerer, then crosses a spur on Tennessee crosses Little Tennessee River on walkway
ascends High Rock Knob and continues to side of Sunup Knob, crosses crest of Rocky along top of Fontana Dam and into the
Rice Creek Gap. Four miles beyond the Trail Face Mountain, and traverses Low Gap. From Nantahala National Forest. After following
turns right and the ridge crest is followed Low Gap the Trail traverses North Carolina a curving ridge crest for about a mile, the
to Sugarloaf Gap where the Trail descends slope of Cosby Knob and Tennessee side of Trail exits national forest land, passes by
to Boone Cove Gap and Devil Fork Gap. Ross Knob, goes through Camel Gap and east side of Fontana swimming pool, Imme-
From Devil Fork Gap the Trail skirts the around Tennessee side of Camel Hump Knob, diately crosses road leading to Fontana boat
left side of Flint Mountain, crosses the ridge traverses North Carolina side of Inadu Knob, dock, then crosses Highway 28 into the
line into Tennessee and reenters North Caro- goes through Yellow Creek Gap and Deer Nantahala National Forest, From Highway
lina at Flint Gap. Ascending northward the Creek Gap, crosses Pinnacle Lead (a spur off 28 the Trail leads south to Walker Gap and
Trail crosses briefly again into Tennessee as Old Black), traverses Tennessee slope of then to Black Gum Gap, It continues east
it skirts right of the summit of Green Ridge Mount Guyot and crosses Guyot Spur. enter- along ridge crest, traverses south slope of
Knob and then stays in North Carolina close ing on the Tennessee side of the Research High Top, passes through Cable Gap, tra-
to the crest, passing left of Gravel Knob, then Reservation. verses south slope of Tommy Knob, and con-
over Big Butt. Here the Trail turns south- tinues to Yellow Creekh Gap, From Yellow
The Trail continues around the Tennessee
westward along the Tennessee side to .Chest.: side of Tirl-Corner Knob (North Carolina Creek Gap the Trail goes south to Cody
nut Log Gap, follows closely the State line Branch and continues southeast to Cody
side of Research Reservation begins here),
crest over Bald Mountain to -the Phillips Gap. In Cody Gap the Trail turns south and
goes through Big Cove Gap, traverses North crosses crest to Cheonh Mountain, continues

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19807
Mountain on to Bear Pen Gap, traverses east way '75. Ascending Blue Mountain the Trail
along ridge crest, in an east-southeast di- continues through Henson Gap to Red Clay
rection, and passes through Brown Fork Gap, side of Big Butt, Mooney Gap, and Bettys
Creek Gap and continues along crest'of Little Gap where It again changes to a southerly
Sweetwater Gap and Stekoah Gap. From course, crosses the headwaters of the Chatta-
Stekoah Gap the Trail continues southeast Ridgepole Mountain to Ridgepole Mountain
through Simp Gap and Locust Cove Gap and where the Nantahala Mountains end. From hocchee River and follows generally the
crosses summit of Cheoah Bald. Ridgepole Mountain the Trail continues course of the river to Low Gap Creek where
along the Blue Ridge traversing Carter Gap. It leaves the river and ascends to the sum-
From Cheoah Bald the Trail continues turns west to Coleman Gap, traverses north mit of Poe Knob and there changes to a
northeast through Sassafras Gap, crosses couthwesterly course. It passes through Cool
summit of Swim Bald, traverses "The Jump- slope of Little Bald Mountain, goes through
Beech Gap. turns north to crest of Standing Springs Gap, crosses Richard B. Russell
Up", passes through Grassy Gap, traverses
Indian range, and traverses Deep Gap. From Scenic Highway (Georgia Highway 348) near
south slope of Tyre Knob, follows for about
Deep Gap the Trail goes west along south Piney Mountain, passes Raven Cls and to
a mile. the crest of ridge running south of
Tyre Knob for about a mile, then leaves-ridge end of Yellow Mountain to Wateroak Gap, the south of Wildcat Mountain descends Into
turns southwest, crosses Chunky Gal Moun- the deep gorge of Town Creek, ascends and
crest and goes east to dist road in gap in
tain, passes through Whiteoak Stamp, tra- croszes Big Ridge at the south end of Cow-
Flint Ridge. Fro&s this gap the Trail descends verses west side of Big Kitchens Knob. crosses rock Mountain, goes over Turkeypen Moun-
the southwest slope of Flint Ridge to the
Nantahala River where it crosses a bridge. Little Mountain. and traverses Sassafras tain and Levelland Mountain and crosses
Gap. It then goes around shoulder near top U.S. Routes 19 and 129 in the vicinity of
It crosses U.S. Route 19 and enters the Nan-
of Court House Bald and through Court Neels Gap. From Neels Gap it Is 2 miles
tahala National Forest and continues to the
summit of Wesser Bald. From Wesser Bald House Bald Gap, traverses west side of Sharp by Trail to the top of Blood Mountain, high-
Top and continues to Bly Gap on the North est elevation on the Georgia section of the
the Trail follows the crest of the Nantahala
Mountains southward passing through Tel- Carolina-Georgia line where the trail exits Trail. At the top of Blood Mountain the
lico Gap and traversing the western spurs of the Nantahala National Forest. Trail assumes a northwesterly direction to
Rocky Bald, Black Bald, Tellico Bald, and GrORsoA follow Duncan Ridge. crossing Slaughter
Copper Bald. From Copper Bald the Trail Mountain and through Wolfpen Gap where
traverses Burningtown Gap, Licklog Gap and The Appalachian Trail enters Georgia and It crosses Georgia Highway 180 and goes over
the summit of Wayah Bald. From Wayah the Chattahoochee National Forest at Bly Wildcat Knob and Coosa Bald. Then In a
Bald the Trail follows the west slope around Gap and runs generally south, passing to the westerly direction it goes over Buckeye Mnob.
Wine Springs Bald switching back to the east of Rich Knob, over Rocky Knob, Wildcat Knob and to Mulky Gap where it
east slope of the ridge leading southward Wheeler Knob, through Blue Ridge, Plum crosses Forest Service Road 4 and continues
along the east slope of Silers Bald, continues Orchard and Cowart Gaps. It crosses U.S. west crossing Akin Mountain, Fish Knob,
southeast, traversing west slope of Sheep Route 76 and Dicks Creek east of Dicks Creek Gregory Knob and Rhodes Mountain At this
Knob before turning south to Panther Gap. Gap, continues through Parks Gap and point the Trail again assumes a southerly
From Panther Gap the Trail traverses east crosses York Ridge at Muley Mountain. It course over Licklog Mountain, Wallalah
slope of Panther Knob. -continues south to crosses Moccasin Creek and climbs Bramlet Mountain and crosses Georgia Highway 60
Swinging Lick Gap, turns east to Winding Ridge at Hellhole Mountain, then runs west at Little Skeenah Creek. Following the crest
Stair Gap, traverses west slope of Rocky Cove along the crest of Bramlet Ridge to Dismal of Toonowee Mountain it crosses the Toccoa
Knob and west shoulder of Buck Knob and Mountain. River and passes through Sapling Gap. goes
crosses U.S. Route 64 in Wallace Gap. From From Dismal Mountain the Trail swings in over John Dick Mountain and on to Three
Wallace Gap the Trimn follows White Oak a southwesterly arc, traversing the swag of Forks and Forest Service Road 58 where three
Bottoms Road south to Rock Gap, traverses Blue Ridge, Steeltrap and Wolfpen Gaps and streams join to form Noontootla Creek. Here
west slope of Little Bald Mountain, goes over the top of Tray Mountain. Through the Trail crosses the stream and Forest
Tray Gap where the Trail crosses Forest Service Road 58, then ascends Rich Moun-
through Glassmlne Gap and regains the tain and follows the length of the ridge.
Service Road 79 and continues to Indian
main ridge crest on north- side of Big Grave Gap, crosses Forest Service Road 283, drops down to cross Forest Service Road 42
Pinnacle. ascends Rocky Mountain where It runs and ascends to the summit of Springer
The Trail continues south through Big along the crest of the ridge and then Mountain. southern terminus of the Appa-
Spring Gap, across the summit of Albert drops down to Unicol Gap and Georgia High- lachian Trail.

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19808
NOTICES

4W
MAINE

PENNSYLVANIA -

'SSEE ", NORTU CAROLINA-


4AlA4Ntic

GEORGIA

OCEA4N

AMIN"am" am"
man"wo a TRAIL

FEDERAL REGISTER,
VOL. 36, NO.
197-S4TURDAy
" OCTOBER 9,
197?
NOTICES 19809

MT VETJO
H
itH
2910"~T
oLKK
,, : , ;T

IsuTR'

'"! sT,
C J' 'TA1TE
090
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Jackson Pond -w

Ripoge us Da I
SENTINEL!

Holbrook d

1 Ab

Rain ow L- esPPALACHPeko al
15 o. 640 A0-0 0C
O. . Pond.- .

FL!IGHT 2TScn
5-1896 _j I eodD.Xoegj
16 GLu'L Pond 0 Debsconeag Lake First"e one"
b
.Tird
Nahmakantai-0 Fiftt Debscone 6?.neag4

IESUNTA 80 ou

DETAIL- MAP 88
REFERENCE..... 89

Maine PRIVATE ....... I I


APPALACHIAN TRAIL FEDERAL .....

I
SCALE: 3UILES STATE .........
112 0 1 IE

MAP NO. I TRAIL ..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971

66-000 0- 71 - 4
19810 NOTICES

DETAIL MAP 88
REFERENCE.....89
Maine PRIVATE ....... II
APPALACHIAN TRAIL FEDERAL.....

SCALE: STATE .........


I' 1/2 o 2 3 MILES

MAP NO. 2 I l I 1 f I TRAIL .......... 00-t*w

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


N OTICES 19811

i haI'
na Look t towerb

DETAIL MAP 88
Y REFERENCE.... .-
Maine PRIVATE....I..
APPALACHIAN TRAIL FEDERAL.....

SCALE: STATE .........


I 1/2 0- 1 2 3 MILES
. I T 99TRAIL
1 I
MAP NO. 3 ..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES

DETAIL MAP 88
REFERENCE .... 89

Maine PRIVATE .......


APPALACHIAN TRAIL FEDERAL ....

I 1/2 0 SCALE: STATE .........


i 2
3 MILES

MAP NO. 4 I. I r 1 I I TRAIL ..........

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19813

- a~e m~oxie

MOXIE
TO MN-1*P
MC Z,.

Lit e.oxie

/ .M ito Pond ako


A------------------;as -,-Ordway

+' Lookout.. "


nt Pondo 4L Pond

- . Pleas..ant d MTN "d ll

BDne PAustin Poun

I0 OLE MaiPneLtl
I 2 3 IE
nPRIVTE. PondI
APPALCHIA TRAI FEDRA.EIId
I / SAE 2XIES SAE.ZiE
MAP NO.5
.. FOTRL..

PTAIL MAP 88

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19814 NOTICES

DETAIL MAP 88
REFERENCE....89

Maine PRIVATE .... I!


APPALACHIAN T R A IL FEDERAL.....

2 3 MILES
1 2 0 SCALE:
MAP NO. 6 TRAIL ..........

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19815

DETAIL MAP 88
REFERENCE.....89
Maine
PRIVATE ....... I I
APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE .........


I 1/2 0 2 3 MILES

MAP NO. 7 I ! 1 ' P r I TRAIL..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19816 NOTICES

DETAIL MAP 88
REFERENCE....89

Maine
PRIVATE......I.
APPALACHIAN TRAIL FEDERAL.....

SCALE STATE .........


! 1 2 0 2 3 MILES

I I I L , I TRAIL ........... 00"


MAP NO. 8

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 198179

DETAIL MAP 88
REFERENCE .89
Maine PRIVATE.IZ I
APPALACHIAN TRAIL FEDERAL.
SCALE: STATE ......... II r
I 12 0 1 2 3 MILES
I 1 1 1
MAP NO.9 I~~ 1 f ;Z im TRAIL .....

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19818 NOTICES

DETAIL MAP 88
REFERENCE....89

Maine PRIVATE .......


APPALACHIA'N T R A IL FEDERAL .....
STATE .........
b IL . 2 3 MILES
I 0
0/Z I I -
I 1 I T r J" TRAIL .......... -
MAP NO. 10

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19819

DETAIL MAP 88
REFERENCE.....89

Maine - New Hampshire PRIVATE....I.I


APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE .........


I 2/2 0 I 2 3 MILES

MAP-NO.11 I I T r I TRAIL ..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19820 NOTICES

DETAIL MAP BB
KREFERENCE...8..-'9-
New, Hampshire PRIVATE.EI.I.I
A P P A L A C H,I AN T RA I L FEDERAL.....

SCALE: STATE .........


I 1/2 0 I 2 3 MILES
TRAIL .......... + ,.
MAP NO.12

FEDERAL REGISTER, VOL.1 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19821

DETAIL MAP 88
REFERENCE.....-9
New Hampshire PRIVATE .......
APPALACHIAN TFIAIL FEDER A-L.

I V/2 0 SCALE: 2 STATE ....... j.


I 2 3 MILES
MAP NO. 13 i,,
r F P i a
Ii TRAIL .....

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19822 NOTICES

DETAIL MAP 88
REFERENCE....9
New Hampshire PRIVATE....I..
APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE .........


I 1/2 0 2 3 MILES
MAP NO. 14 I I rI - 1 Igii TRAIL .......... 0"

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 1989-

DETAIL MAP 88
REFERENCE.....89
New Hampshire PRIVATE ....... I I
APPALACHIAN TRAIL FEDERAL .....

0
SCALE: 2 3
S TAT E .........
TILRS
A .
liii
M A/2
MAP NO. 15 T 1 1 I TRAIL ........ .. 4"* 0-

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19824 NOTICES

DETAIL MAP 88
REFERENCE....89
-New Hampshire - Vermont PRIVATE.iI
APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE .........


Ii -
1/2
i
0i I 2
....... 3 MILESV
I
MAP NO.16 L. r l I I TRAIL ..........

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 19825

MerNen-- Pond IjJ I It -F


D'ETAIL MAP 88
X REFERENCE..-...89
New Hampshire PRIVATE ....... 1
APPALACHIAN TRAIL FEDERAL ......

SCALE: STATE ...


I 1/2 0 S 2 3UILCS

MAP NO.17 1 I , TRAIL ..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19826 NOTICES

DETAIL MAP 88
REFERENCE....89

New Hampshire -Vermont PRIVATE...i..


APPALACHIAN TRAIL FEDERAL ..... l
SCALE: STATE .........
1 1/2 0 2 3 MILES

MAP NO. 18 LI 1 I I TRAIL .......... '

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 198-97

DETAIL MAP 88'


REFERENCE.....89

Vermont PRIVATE.....

APPALACHIAN TRAIL FEDERAL .....


SCALE: STATE ......... Iii
I 1/2, 0 I 2 3 MILES

MAP NO.19 TRAIL ..........

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19828 NOTICES

DETAIL MAP 88
REFERENCE ..... 89
Vermont PRIVATE......1
APPALACHIAN 1 RAIL FEDERAL.....

SCALE: STATE .........


I 1/2 0 I 2 3 MILES

MAP NO.20 I' ' Iil W


TRAIL ..........

FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971


NOTICES 1989

DETAIL MAP 88
K REFERENCE....
VERMONT PRIVATE ....... I I
APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE .........


I 1/2 I 0 I 2 3 IltS
W _ It
MAP NO. 21 I 1 I I r I TRAIL ......... 0

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19830 NOTICES

/
DETAIL MAP 88
REFERENCE....9
Vermont PRIVATE..I.I..
APPALACHIAN TRAIL FEDERAL .....

I I/2 0 SCALE:
1
STATE .........
1 1 1 1 2 3 MILES

MAP NO.22 I,-I - - I I TRAIL ..........

FEDERAL REGISTER, VOL. 36, NO. 197-;ATURDAY, OCTOBER 9, 1971


NOTICES 19831

DETAIL MAP 88
REFERENCE.....89
Vermont PRIVATE ..... I.
APPALACHIAN T RA I L FEDERAL.....L I
SCALE: = STATE ......... LilI'
MAP- N0.23 M
1 1/2
i 0
f N
. . wwoon 3
2 TILES
TRAIL .......... .! m*
" *

FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971


19832 NOTICES

DETAIL MAP 88<