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

AGRICULTURAL RESEARCH.
SERVICE
Rules and Regulations
Plant pest regulations governing
interstate movement of certain
products and articles; giant
African snail ------------- 19667
AGRICULTURE DEPARTMENT
See also Agricultural Research
Service; Consumer and Market-
ing Service; Farmers Home
Administration.
Notices
Louisiana; designation of areas
for emergency loans---------- 19721
ATOMIC ENERGY COMMISSION
Notices
Jei'sey Central Power &Light Co.;
receipt of Attorney General's
advice and time for filing of
petitions to intervene on anti-
trust matters -------------- 19711
CIVIL AERONAUTICS BOARD
Rules and Regulations
Rules of practice in economic pro-
ceedings; confidential treatment
of settlement documentation in
enforcement proceedings ---- 19678
Contents
Notices
Hearings,etc.:
Frontier Airlines, Inc ---------
International Air Charter Asso-
ciation -----------------
International Air Transport As-
sociation (2 documents) ____
New York-San Juan cargo rates
investigation ------------
On-route charter authority of
foreign air carrier permits---
COAST GUARD
Rules and Regulations
Willamette River, Oregon Slough,
Oreg.; drawbridge operations--- 19694
Proposed Rule Making
North River, Mass.; drawbridge
operations -----------------
COMMERCE DEPARTMENT
See also National Oceanic and At-
mospheric Administration.
Notices
Official information relating to
personnel; availability; correc-
tion ------------------------
CONSUMER AND MARKETING
SERVICE
19714 Rules and Regulations
Cranberries grown in certain
19714 States; free and restricted per-
centages, standard of grade for
19717 withheld cranberries, and with-
holding requirements --------- 19668
19718 Handling limitations:
Grapefruit grown in Florida- 19668
Lemons grown n Califorfila and
19714 Arizona ---------------- 19668
Milk in Inland Empire marketing
area; order suspending certain
provisions ---------------- 19669
Proposed Rule Making
Oranges, grapefruit, tangerines,
and tangelos grown in Florida;
grade and size limitations..... 19702
CUSTOMS BUREAU
19704
Rules and Regulations
Vessels in foreign and domestic
trade:
Coastwise transportation ---- 19693
Vessel repairs --------------- 19693
Notices
Foreign currencies; rates of ex-
change -------------- 19721
19720 (Continued on next page)
19663
19664
EMERGENCY PREPAREDNESS
OFFICE
Notices
Oklahoma; major disaster and re-
lated determinations --------- 19719
ENVIRONMENTAL PROTECTION
AGENCY
Rules and Regulations
Control of air pollution from new
motor vehicles and engines;
qualification of low-emission
vehicles ------------------ 19697
Tolerances for pesticide chemicals
in or on raw agricultural com-
modities; dinitro-o-cyclohexyl-
phenol; correction -----------. 19695
FARMERS HOME
ADMINISTRATION
Rules and Regulations
Loans on leasehold interests in
nonfarm tracts ------------- 19670
FEDERAL AVIATION
ADMINISTRATION
Rules and Regulations
Airworthiness directives:
Fairchild aircraft -----------
Hartzell aircraft propellers-1-
McCauley aircraft propellers---
Area high routes; designation;
correction (2 documents) ----
IFR altitudes; miscellaneous
amendments --------------
Special air traffic rules and airport
traffic patterns; Washington
National Airport traffic area---
Standard instrument, approach
procedures; miscellaneous
amendments --------------
Proposed Rule Making
Alterations:
Control zones and control area-
Transition area -------------
FEDERAL COMMUNICATIONS
COMMISSION
Notices
Common carrier services informa-
tion; domestic public radio serv-
ices applications accepted for
filing ------------------- 19743
FEDERAL CONTRACT
COMPLIANCE OFFICE
Notices
Equal employment opportunity in
Camden and Trenton, N.J.,
area; hearing ------------- 19742
FEDERAL HOUSING
ADMINISTRATION
Proposed Rule Making
Approval of mortgagees; with-
drawal -------------------- 19703
CONTENTS
FEDERAL MARITIME
COMMISSION
Notices
Epirotiki Steamship Co. and
George Potamianos Ltd. S.A.;
applications:
Casualty certificate --------- 19718
Performance certificate ------- 19718
Independent ocean freight for-
warder licenses; applicants-.. 19719
FEDERAL POWER COMMISSION
Notices
Hearings, etc.:
Anderson Production Corp.
et al ------------------ 19740
El Paso Natural Gas Co -------- 19740
Placid Oil Co. et al----------
FEDERAL RESERVE SYSTEM
Rules and Regulations
Truth in lending; right of rescis-
sion; business days ----------
Proposed Rule Making
Truth in lending; leap year---- 19706
Notices
United Bancshares of Florida,
Inc.; application for approval of
acquisition of shares of bank-- 19719
19671
19671 FEDERAL TRADE COMMISSION
19672
Rules and Regulations
19672 Prohibited trade practices (19
documents) ---------- 19679-19693
19673
FISH AND WILDLIFE SERVICE
Rules and Regulations
19673
Public access, use, and recreation;
Hatehie National Wildlife Ref-
19677 uge, Te -----------------
FOOD AND DRUG
19704 ADMINISTRATION
19705 Rules and Regulations
Confirmation of orders revoking
provisions for certification:
Antibiotic troches ----------
Tyrothricin ---------------
Penicillin; combination drugs with
probenecid ---------------
Proposed Rule Making
Cheese product identity stand-
ards; listing of anhydrous milk-
fat and dehydrated cream as
optional ingredients ----------
Child protection packaging stand-
ards for preparations containing
aspirin; extension of time ----
Notices
Alpine Geophysical Associates,
Inc.; withdrawal of petition for
food additives --------------
Certain antifungal dermatologic
preparation containing nysta-
tin and iodochiorhydroxyquin;
drugs for human use; efficacy
study implementation --------
Certain drugs containing valeth-
amate bromide; opportunity for
hearing on proposal to withdraw
approval of new-drug applica-
tions ----------------------- 19710
HEALTH, EDUCATION, AND
WELFARE DEPARTMENT
See also Food and Drug Adminis-
tration.
Rules and Regulations
Research contracts with educa-
tional institutions In U.S ...... 19805
HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
See Federal Housing Administra-
19741 tion.
INTERAGENCY TEXTILE
ADMINISTRATIVE
COMMITTEE
19671
Notices
Textile and apparel categories;
correlation with Tariff Sched-
ules of U.S. Annotated-------- 10722
INTERIOR DEPARTMENT
See Fish and Wildlife Service; Na-
tional Park Service.
INTERNAL REVENUE SERVICE
Proposed Rule Making
Income tax; percentage depletion;
gross income from property
other than oil and gas; correc-
tion ------------------------ 10702
INTERSTATE COMMERCE
19698 COMMISSION
Notices
Assignment of hearings -------- 19720
Central and southern motor car-
riers; application for approval
of amendments to agreement.. 19721
Greene, C. S., and Co., Inc., rerout-
19694 ing or diversion of traffic ------ 19721
19695
LABOR DEPARTMENT
19695
See Federal Contract Compliance
Office.
NATIONAL COMMISSION ON
STATE WORKMEN'S
19703
COMPENSATION LAWS
Notices
19703 State workmen's compensation
laws; hearing ---------------- 10739
NATIONAL HIGHWAY TRAFFIC
19710 SAFETY ADMINISTRATION
Proposed Rule Making
Occupant crash protection; stand-
ards for explosive materials and
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

Rules and Regulations
Title 1- AGRICULTURE
Chapter Ill-Agricultural Research
Service, Department of Agriculture
PART 331-PLANT PEST REGULA-
TIONS GOVERNING INTERSTATE
MOVEMENT OF CERTAIN PROD-
UCTS AND ARTICES I
Giant African Snail
Pursuant to the provisions of the Fed-
eral Plant Pest Act (7 U.S.C. 150aa-
150iji), Chapter MI,Title 7 of the Code of
Federal Regulations, is hereby amended
by adding to Part 331, a new 331.3 and a
subpart heading preceding said section as
follows:
Subpart-Giant African Snail
331.3 Notice of existence of hazardous
situation and regulations related
thereto.
(a) Infestations of the giant African,
snail, Archatina luZica Bowdich, a dan-
gerous plant pest not widely prevalent or
distributed within and throughout the
United States, have been found in por-
tions of Broward and Dade Counties in
Florida; and it has been determined that
these infestations have created a hazard-
ous situation making it necessary to
adopt a rule imposing restrictions, -as
provided for in this section, upon the
interstate movement of certain products
and articles, from the regulated portions
of said counties as hereinafter described,
in- order to prevent the interstate dis-
semination of the giant African snail.
Accordingly, the products and articles
listed in paragraph (b) of this section
" shall not be moved interstate from any
area described in this paragraph (a), ex-
cept as permitted under paragraph (c) of
this section.
FLORIDA
Broward County. That area in the city of
West Hollywood bounded by a line beginning
at the Junction of North 62d Avenue and
Pierce Street, thence extending east along
Pierce Street to its junction with North 60th
Avenue (US. Highway 441), thence south
along North 60th Avenue to its intersection
with Hollywood Boulevard, thence west along
Hollywood Boulevard to its intersection with
North 62d Avenue, thence north along North
62d Avenue -tothe point of beginning.
Dade county. That area in the city of North
Miami bounded by a line beginning at the
intersection of NorthwestSecond Avenue and
Northwest 128th Street, thence extendin Z
east along Northwest 128th Street to its Junc-
tion with North Miami Avenue, thence south
along North Miami Avenue to its junction
with Northeast 127th Terrace, thence east
along Northeast 127th Terrace to its June-
tion with Northeast Miami Court, thence
south along Northeast Miami Cout to its
'The heading for Part 331 is amended to
read as set forth above.
FEDERAL REGISTER, VOL 36! NO. 197-SATURDAY, OCTOBER 9, 1971
junction wvith Northeast 127th Street, thence
east along Northeast l7th Street and a pro-
jection thereof to the Biscayne Canal. thence
southeastward along Biscayne Canal to its
intersection with West Dixie Highway. thence
southwest along West Dixie Highway to Its
junction with Northeast 119th Street, thence
west along Northeast 119th Street and North-
west 119th Street to its intersection with
Northwest Second Avenue, thence north along
Northwest Second Avenue to the point of
beginning.
That area in the city of North Miami
bounded by a line beginning at the Intersec-
tion of Northwest 7th Avenue and Northwest
122d Street. thence extending east along
Northwest 122d Street and a projection there-
of across the North-South Expressway and
beyond, to the intersection of said projectloo
with Northwest Fourth Avenue, thence south
along Northwest Fourth Avenue to the point
where It merges with Northwest Third Av-
enue. thence south along Northwest Third
Avenue to Its intersection with Northwest
119th Street. thence west along Northwest
119th Street to its intersection with North-
west Seventh Avenue, thence north along
Northwest Seventh Avenue to the point of
beginning.
Tha area In the city of Opa-Locka bounded
by a line beginning at the intersectlon of
Northwest 24th Avenue and East Superior
Street, thence extending east along East
Superior Street and a projection thereof to
the Opa-Lcka Canal. thence south along the
Opa-Locka Canal to its intersection with
Opa-L cka Boulevard. thence west along
Opa-Locka Boulevard to its intersection with
Northwest 24th Avenue. thence north along
Northwest 24th Avenue to the pont of
beginning.
That portion of Dade County bounded by
a line beginning at the intersection of .orth-
west 22d Avenue and Northwest 91st Street.
thence extending east along Northwest 91st
Street to its junction with Little River Boule-
vard, thence southeast and south along Little
River Boulevard to the point where it merges
with Northwest 14th Avenue, thence south
along said avenue to Its intersection with
Northwest .83d Street, thence west along
Northwest 83d Street to Its intersection with
Northwest 22d Avenue, thence north along
Northwest 22d Avenue to the point of be-
ginning.
(b) The following products and ar-
ticles are subject to the measures im-
posed under this section:
(1) Soil, compost, decomposed ma-
nure, separately or with other things.
(2) Sand, gravel, bricks, concrete
blocks, stones, pipes, and tile.
(3) Forest, field, or nursery grown
plants or parts thereof.
(4) Plant debris, such as leaves and
cut grass.
(5) Sod.
(6) Forest products, including stump-
wood and timb er.
(7) Any means of conveyance or other
products or articles, of any character
whatsoever, not covered by subpara-
graphs (1) through (6) of this para-
graph, when It is determined by an in-
spector that they present a hazard of
spread of the giant African snail, and
the person in possession thereof has been
so notified.
19667
c) Such regulated products and ar-
ticles as described in paragraph (b) of
this section may be moved from the regu-
lated portions of Broward and Dade
Counties described in paragraph (A) of
this section, provided:
(1) Such products and articles have
been treated to destroy giant African
snail infestations in accordance with
procedures prescribed by the Director of
the Plant Protection Division, US. De-
partment of Agriculture;- under the di-
rection of in inspector authorized by said
Division, and the products and articles
are accompanied by a certificate issued
by such an inspector signifying that they
are eligible for interstate movement: or
(2) Such products and articles origi-
nate in an area In the said regulated por-
tions of Broward and Dade Counties,
which have been inspected by such an
inspector, and he has found that the
interstate movement of the products and
articles from such areas'wll not involve
a risk of disseminating said infestations,
and the products and articles are accom.-
panled by a certificate issued by such an
inspector signifying that they are eligi-
ble for interstate movement; or
(3) Such products and articles are
moved under permit issued by such an
inspector to an approved destination for
consumption, processing, or other han-
dling in accordance with procedures ap-
proved by said inspector, when upon
evaluation of the circumstances involved
in each specific case he determines that
such movement will not result in the
spread of the giant African snail and re-
quirements of other applicable Federal
domestic plant quarantines have been
met.
(Sec. 105. 71 Stat. 32, sec. 106, 71 Stat. 33,
sec. 107. 71 Stat. 34; 7 U.S.C. 1S0dd, 150ee,
150ff; 29 P.R. 16210, as amended)
The foregoing regulation shall become
effective upon publication in the FEDxRAL
REGULs (10-9-71).
Under this regulation, specific products
and articles may be moved interstate
from the described portions of Broward
and Dade Counties in Florida only if
they have been treated or originate in
certain areas of said counties, or are
moved to an approved destination for
consumption, processing, or other han-
dling under approved conditions. Such
measures are necessary because a haz-
ardous situation exists as a result of
recently discovered infestations of the
giant African snail, a dangerous plant
pest which is not now widely prevalent
in the United States.
Inasmuch as such infestations must be
controlled Immediately to prevent the
2Instructions are available upon request
from the Director. Plant Protection Division,
Agricultural Research Service, U.S. Depart-
ment of Agriculture. Federal Center Building.
Hyattsville. Md. 20782. or from an inspector.
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
Effective date: Upon publication in the
FEDERAL REGISTER (10-9-71).
Signed at Washington, D.C., on Octo-
ber 5, 1971.
RicHARD E. LYNG,
Assistant Secretary.
[FR Doc.71-14847 Filed 10-8-71;8:49 am]
Chapter XVIII-Farmers Home Ad-
ministration, Department of Agri-
culture ,
SUBCHAPTER G-MISCELLANEOUS
REGULATIONS
[AL.-7 (M44) I
PART 1890s-SECTION 502 RH LOANS
ON LEASEHOLD INTERESTS IN NON-
FARM TRACTS
Subchapter G is amended by adding
a new Part 1890s, supplementing Subpart
A of Part 1822 of this chapter. New Part
1890s contains regulations putting into
effect the authority in section 501(b) (2)
of the Housing Act of 1949, as amended,
to make section 502 rlral housing loans
on leasehold interests in nonfarm tracts.
Compliance with the notice and public
procedure requirements of 5 U.S.C. 553
would involve a delay in making availa-
ble the assistance provided by this au-
thority. The construction season is
rapidly coming to a close in Alaska and
other northern States, and some of the
intended beneficiaries, including Indians,
have no means of procuring land other
than leaseholds. We find that under these
circumstances such delay would be con-
trary to the public interest. Accordingly,
the new Part 1890s shall be effective upon
publication in the FEDERAL REGISTER (10-
9-71).
It is the policy of this Department that
rules relating to public property, loans,
grants, benefits, or contracts shall be
published for comment notwithstanding
the exemption in 5 U.S.C. 553 with re-
spect to such rules. See the Secretary of
Agriculture's statement setting forth the
policy on "Public Participation in Rule
Making," 36 F.R. 13804, dated July 24,
1971. In accordance with the spirit of
that policy, interested parties may sub-
mit written comments, suggestions, data,
or arguments to the Office of the Assist-
ant Administrator for Management,
Farmers Home Administration, U.S. De-
partment of Agriculture, Room 5013,
South Building, Washington, D.C. 20250
within 30 days after the publication of
this part. Material thus submitted will be
evaluated and acted upon in the same
manner as if this document were a pro-
posal. However, new Part 1890s shall re-
main .effective until it is amended, in
order to permit the public business to
proceed expeditiously.
The new Part 1890s reads as follows:
See.
1890s.1 General.
1890s.2 Definitions.
1890s.3 Policy.
1890S.4 Use of loan funds.
1890s.5 Lease form.
1890s.6 Appraisal of leasehold.
1890s.7 laximum RH loan and rental
charges.
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
See.
1890s.8 Title clearance and loan closing.
1890s.9 Interest credits.
AuTHORITY: The provisions of this Part
1890s, issued under sec. 510, 63 Stat. 437, 42
U.S.C. 1480; Orders of Secretary of Agricul-
ture 29 P.R. 16210,32 P.R. 6650.
1890s.1 General.
This part modifies Subpart A of Part
1822 of this chapter, and authorizes sec-
tion 502 Rural Housing (RH) loans to
applicants who hold or will hold leases
on nonfarm tracts under conditions spec-
ified- in this part. Such loans will be
made on nonfarm tracts in accordance
with Subpart A of Part 1822 of this
chapter.
1890s.2 Definitions.
As used in this part the following defi-
nitions will apply:
(a) Applicant. A person who applies
for a section 502 RH loan on a nonfarm
tract on which he holds or will hold a
long-term lease.
(b) Leasehold. The rights and inter-
ests a person has in the nonfarm building
site on which he has a long-term lease.
(c) Lessor. The owner of the building
site.
(d) Acquisition cost. The cost of ac-
quiring the leasehold interest exclusive
of any monthly or annual rental charges.
(e) Office of the General Counsel
(OGC). The Regional Attorney or Attor-
ney in Charge whose service area in-
cludes the particular State.
1890s.3 Policy.
The following/policies will apply to
loans under this part:
(a) Loans may be made on leaseholds
on land owned by a State, political sub-
division, public body, or public agency,
on Indian Tribal lands which are not
available for purchase, or on land where
the State Director determines that long-
term leasing of homesites by nonpublic
bodies is a well-established practice and
such leaseholds are freely marketable in
the area.
(b) A loan may be made on a lease-
hold only when the applicant is unable
to obtain fee title to the property.
(c) No loans shall be made on a lease-
hold created by a nonpublic body after
January 1, 1966. (For this purpose an
Indian Tribe is a public body.)
(d) The applicant should have the
right to any extent feasible to acquire
the fee title to the property sometime
during the life of the loan.
(e) The lease must have an unexpired
term of at least 50 years from the date
of the loan closing.
(f) A recorded mortgage constituting
a valid and enforceable lien on the appli-
cant's le.sehold will be required.
(g) The lease must meet the require-
ments of 1822.7(j) (1) of this chapter.
1890s.4 Use of loan funds.
Section 502 RH loans may include
funds for:
(a) Reasonable acquisition cost of the
leasehold interest at the time of making
the initial RH loan in areas where acqui- Maximum security value If
sition charges are customary.
quisitlon cost of leao is involved.. 13,000
0
(b) The purchase of the fee title on
which a leasehold exists by means of a
subsequent loan provided that all other
requirements are met.
(c) Purposes authorized In 1822.6 of
this chapter for nonfarm tracts except
for the payment of real estate taxes.
1890s.5 Lease form.
The lease forms used by the Federal
Housing Administration and the Vet-
erans Administration In the area, the
Bureau of Indian Affairs lease form, No.
5-184, "Lease," and the lease forms used
in cases of RH loans on farm leaseholds,
should be used by the State Director as
guides in developing a lease form or
forms for his State. The services of OCIC
are available for this purpose. In any case
in which the lessor wants the option of
paying the RH debt in case the borrower
defaults, the lease may include such a
provision.
1890s.6 Appraisal of leasehold.
When it appears as If an RH loan can
be made on a leasehold Interest, an ap-
praisal of the leasehold will be made. In
areas where RH loans are likely to be
made on leaseholds, sales data on lease-
holds should be accumulated for ap-
praisal purposes. When maling apprais-
als on leaseholds, the following guides
will be used in determining the value of
the leasehold interest:
(a) With OGC assistance where ap-
propriate, study the provisions of the
lease to determine what rights and obli-
gations the applicant will have under the
lease and whether the lease complies
with the policies of this part.
(b) Determine the market value of the
property as improved (land and build-
ings) as tlough the property were owned
under a good and marketable fee title.
(c) Determine the market value of the
land on an "as Is" basis before any im-
provements to be financed by the appli-
cant are placed on the property.
(d) Determine the amount of rent that
customarily Is paid In the area for simi-
lar sites leaied under similar terms.
(e) Where an acquisition cost Is in-
volved, determine the market value of
the applicant's leasehold by using the
market value of comparable leaseholds
in the area. The value assigned to a par-
ticular leasehold must be reasonable, In
making this determination, the appraiser
will consider the amount of annual rent
to be paid under the lease plus the an-
nual loan payment required on the por-
tion of the RH loan used to acquire the
leasehold. The sum of these should not
exceed the amount an applicant would
need to pay If he were to obtain a loan
to buy a similar site.
(f) The maximum security value for
RH loan purposes will be the market
value of the improved property less the
"as is" value of the nonfarm tract plus
any market value of the applicant's lease-
hold. For example:
Market value of Improved property.. $15,000
Market value of land on "as Is"
basis --------------------- . 2,00o
no ac-

Market value of leasehold, if appli-
cable ------------------------
Maximum security value If acquisi-
tion cost of lease is involved ..-..13,800
(g) Form FHA 422-8, "Appraisal Re-
port (Nonfarm Tracts and Small
Farms)," will be completed with a full
explanation -as to how the values were
determined. Parts 1 through 5 of this
form Will be completed to show the fac-
tors considered in deteimining recom-
mended market value of the property as
if it were owned in fee simple. Part 6 of
the Appraisal Report will contain an ex-
planation of the factors considered in
determining the maximum security
value for a loan being made on the
leasehold.
1890s.7 Maximum RH loan and rental
charges.
(a) The amount of the RE loan plus
any prior liens against the property will
not exceed the maximum security value
determined in accordance with 1890s.6
(f).
(b) The rental must not exceed the
rate being paid for similar sites in the
area under similar leases.
1890s.8 Title clearance and loan
dosing.
The services of the OGC will be used
in cases involving a mortgage on a lease-
hold and 1822.15(b) (1) (ii) and (iv)
of this chapter will apply. Whenever a
loan on a leasehold is made subject to an
agreement with other agencies, the title
clearance and loan closing will be
handled in accordance with any special
conditions in the agreement and Part
1807 of this chapter.
1890s.9 Interest credits.
Interest credits may be granted to RH
borrowers who hold leaseholds. The
amount of interest credit will be deter-
mined on the same basis as though the
borrower owned the property except that
the annual rental charges will be in-
cluded in the interest credit determina-
tion block which contains loan pay-
ments, taxes and insurance costs on the
reverse of Form FHA 444-6, "Interest
Credit Agreement (Section 502 RH
Loans) ." Insert in the blank space below
the entry indicating Annual Real Estate
Taxes the following: "Annual .rental
charges $ -
Dated: September 30, 1971.
JOSEPH HASPRAY,
Deputy Administrator,
FarmersHome Administration.
[Ft Doc.71-14M5 Filed 10-8-71;8:49 am]
Title 12-BANKS AND BANKING
Chapter il-Federal Reserve System is amending 39.13 of the Federal Avia-
SUBCHAPTER A-BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM
[Reg. Z]
PART 226-TRUTH IN LENDING
ARight of Rescission; Business Days able and interchanged with Fairchild the next 200 hours' time In service.
1. Effective immediately, footnote 14 F-27 type airplaneparts.
relating to 226.9 is amended to read as
follows:
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS 19671
226.9 Right to rescind certain trans- for issuing AD 71-8-5 required expedi-
800 actions. tious -adoption, notice and public pro-
cedure on the amendment would be im-
_2For the purpose of this section, a busl- practical and good cause exists for
aking the amendment effective in less
ness day is any calendar day except Sunday
and those legal public holidays specified In than 30 days.
section 6103 (a) of title 5 of the United Stat"' In consideration of the foregoing and
Code (New Year's Day, Washington's Birth- pursuant to the authority delegated to
day. Memorial Day. Independence Day. L3bor me by the Administrator, 14 CPR 11.89
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
2a. Part 226 (Regulation Z) was issued so as to amend AD 71-8-5 as follows:
by -theBoard pursuant to the statutory 1. After the designation H-227 in the
mandate in the Truth in Lending Act Airworthiness Directive, add "and F-2T'.
to prescribe Regulations to carry out the This amendment Is effective October
purpose of the Act. This amendment ap- 14, 1971.
plies to that portion of Regulation Z, (Sec. 313(a). 01. 003. Federal Aviation Act
226.9. which provides customers with of 1958. 49 U.S.C. 1354(a), 1421, 1423; sec.
the right to rescind certain consumer 0(c). Department of Transportation Act,
credit transactions. That section provides 49 U.S.C. 1655(c))
that a customer has 3 business days in Issued in Jamaica, N.Y., on Septem-
which to cancel a rescindable transac- ber 30, 1971.
tion. Footnote 14 to the regulation pres-
ently provides that Sundays and the ROBErT H. STANoN,
eight Federal holidays authorized at the Acting Director,EasternRegion.
time the regulation became effective IFP. DOc.71-14833 Filed 10-8-71;8:48 am]
(July 1, 1969) are not to be considered
as business days. Subsequently, Public
Law 90-363 was enacted which adds a [Docket No. 71-EA--34; Amdt. 39-13131
ninth public holiday, Columbus Day.
This -amendment to Footnote 14 includes PART 39-AIRWORTHINESS
Columbus Day as a nonbusiness day for DIRECTIVES
purposes of 226.9. Hartzell Aircraft Propellers
b. Since the amendment is technical in
nature and simply alines the regulation On page 10984 of the FEDEIAL Rxorsma
with the current public holiday schedule, for June 5, 1971, the Federal Aviation
it was adopted by the Board without fol- Administration published a proposed
lowing the procedures of section 553 of amendment so as to issue an airworthi-
title 5, United States Code, relating to ness directive applicable to Hartzell air-
notice, public participation and deferred craft propellers.
effective date. In addition, following Interested parties were given 30 days
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
ment beyond October 11, 1971, the day the proposed regulations have been re-
on which Columbus Day is observed this celved.
year. In view of the foregoing and pursuant
to the authority delegated to me by the
By order of the Board of Governors, Administrator, 14 CFR 11.89 (31 F.R.
October 1. 1971. 13697), 39.13 of the Federal Aviation
[SEAL] TYNAn SMr=, Regulations Is amended hereby and the
Secretary. airworthiness directive adopted as puh-
[FR Doc.71-14860 Filed 10-8-71;8:50 am] lished.
This amendment is effective November
14, 1971.
(Secs.313 (a). 601. 03. Federal Avlalon Act of
Title 14-AERONAUTICS 1958. 49 U.S.C. 1354(a). 1421 and 1423, Sec.
0(c), Department of Transportation Act, 49
U.S.C. 1655(c))
AND SPACE Issued in Jamaica, N.Y., on September
Chapter I-Federal Aviation Adminis- 30, 1971.
tration, Department of Transportation ROBERT H. STANTON,
Acting Director,EasternRegion.
[Docket No. 71-EA-128; Amdt. 39-13151
HAZELL PxoPEz.LMS. Applies to Models HC-
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.
Compliance required as indicated, unless
The Federal Aviation Administration already accomplished.
To prevent overspeeds in flight due to in-
tion Regulations so as to amend AD advertent 10c. of the propeller's air charge,
71-8z5 -applicable to Fairchild FH-227 accomplish the following:
type -aircraft. (a) Propellers with 900 hours or more time
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-
fied In accordance with paragraph (c) within
parts on the FH-227 were interchange-
(b) Propellers with less than 900 hours in
service since new or last overhaul as of the
Therefore AD 71-8-5 is being amended effective date of this AD must be modified
to apply to F-27 aircraft. Since the basis In accordance with paragraph (c) prior to
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
PanamaRoutes-Continued
Diego INT, Republic of Panama; Fleming
TNT, Republic of Panama; *3,000. *2,100--
MOCA.
V-S isamended by adding:
Taboga Island, Republic of Panama, VOR;
Latitude 080 35' N., Longitude 780 40' W.;
*3,000. *2,100--MOCA.
V-10 isamended to delete:
Rio Hato INT, Republic of Panama; Taboga
Island, Republic of Panama, VOR; 3,500.
V-1i Isamended to delete:
Ambros INT, Republic of Panama; Charrera
INT, Republic of Panama; *5,000. *2,700.
MOCA.
Chorrera INT, Republic of Panama; Taboga
Island, Republic of Panama, VOR; 2,700.
V-11 isamended by adding:
David, Republic of Panama, VOR; Santiago,
Republic of Panama, VOR; 4,000.
Santiago, Republic of Panama, VOl; Toboga Punta Cocos INT, Republic of Panama;
Island, Republic of Panama, VOR; 5,000.
Taboga Island, Republic of Panama, VOR;
*Mandinga INT, Republic of Panamna;
* *5,000. *8,000--MRlA. **4,100.MOCA.
V-11A is amended by adding:
*David, Republic of Panama, VOR; Taboga
Island, Republic of Panama, VORd 10,500.
*4,500-MCA David VOR,eastbound.
V-12 is umended to delete:
Ambros INT, Republic of Panama; France
Fid, Canal Zone, VOR; *5,000. *2,200-.
MOCA.
V-12 isamended by adding:
Changuinola INT, Republic of Panama;
Bocas Del Toro, Republic of Panama, VOR;
1,700.
Bocas Del Toro, Republic of Panama, VOR;
Taboga Island, Republic of Panama, VOR;
*6,000. *3,500--MOCA.
V-13 isamended by adding:
Santiago, Republic of Panama,VOR; *Chire
INT, Republic of Panama; * *2,500. *3,000-
MRA. **1,800-MOCA.
Chitre INT,Republic of Panama; Taboga Is-
land, Republic of Panama, VOR; 03,000.
*2,800-MOCA.
V-14 isamended by adding:
Taboga Island, Republic of Panama, VOR;
Diego INT,Republic of Panama; 2,100.
Diego INT, Republic of Panama; La Palma,
Republic of Panama,VOR; *3,000. *2,300--
MOCA.
La Palma, Republic of Panama,VOR; Pan-
ama CTA/FIR Boundary; *9,000. *8,300-
MOCA.
V-15 isamended by adding:
*David,Republic of Panama,VOR; Bocas Del
Toro, Republic of Panama, VOR; 9,000.
5,200-MCA David VOR,Northeastbound. Avis, Pa., W/P,Broadway, N.J., WV/P; 117.1;
V-16 isamended by adding:
Panama CTA/FIR Boundary; Bocas Del Toro,
Republic of Panama,VOR; *3,000. *1,500--
MOCA.
Bocas Del Toro, Republic of Panama,VOR; Casanova, Va., W/P; Fancy Gap, Va., W/P;
Tocumen,Republic of Panama,VOR (COP
100 BDT); *7,000. *3,000--.OCA.
Tocumen,Republic of Panama,VOR; *Mala-
tupo INT, Republic of Panama; **9,500. Fancy Gap, Va., W/P,Lanier, Ga., W/P; 203.4;
9,500-MRA. * *5,400-TOCA.
Malatupo INT, Republic of Panama; La.
Palma, Republic of Panama,VOR; *6,000.
*4,000.MOCA.
V-17 isamended by adding:
*David, Republic of Panama, VOR; **Bocas
Del Toro, Republic of Panama,VOR; 9,600. Rosewood, Ohio, W/P, Greentree, Ky., W/P; Bunker
*5,900-MCA David VOR, northbound.
* *3,500-MCA Bocas Del Toro VOR, south-
bound.
Bocas Del Toro, Republic of Panama, VOR;
INT 006 BDT/40 NM BDT; *3,000. *1,300-
MOCA.
INT 006 BDT/40 NM BDT; INT 006 BDT/100
NM BDT; *7,000. *1,300-MOCA.
V-18 s amended by adding:
Tocumen, Republic of Panama, VOR;. La
Palma, Republic of Panama, VOR; *4,000.
*2,600-MOCA.
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
PanamaRoutes-Continued
La Palma, Republic of Panama, VOR; *Jaque
INT, Republic of Panama; **8,000.
*10,000-MRA. **7,300-MOCA.
V-19 is amended by adding:
David, Republic of Panama, VOR; Coiba INT,
Republic of Panama; *3,000. *2,400-
MOCA.
Coiba INT, Republic of Panama; Santiago,
Republic of Panama, VOR; *3,500. 03,200-
MOCA.
Santiago, Republic of Panama, VOR; Rio
Hato INT, Republic of Panama; *2,500.
*2,100--.MOCA.
Rio Hate INT, Republic of Panama; Taboga
Island, Republic of Panama, VOR; 3,700.
V-20 is amended by adding:
Taboga Island. Republic of Panama, VOR;
Punta Cocos INT. Republic of Panama;
*3,000. *2,100-MOCA.
*Jaque INT, Republic of Panama; * * 10,000.
10,000-MRA. * *2,500-MOCA.
V-23 is amended by adding:
Puerto Armuelles INT, Rdpublic of Pana-
ma; Davis, Republic of Panama, VOR;
*3,000. *2,000--MOCA.
V-24 is amended by adding:
Punta Cocos INT, Republic of Panama;
Palma, Republic of Panama, VOR; *3,000.
*2,30D--MOCA.
V-29 is amended by adding:
Bocas Del Toro, Republic of Panama, VOR;
France Field, Canal Zone, VOR; *5,000.
* 1,400-MOCA.
France Field, Canal Zone, VOR; *Mandinga is amerided to delete:
INT, Republic of Panama; * *8,000. *8,000-
MRA **6,000---MOCA.
Section 95.5000 High altitude RNAV Macon,
routes.
From/to; total distance; changeover point
distance from geographic location; track Rex, Ga., VOR via W alter.; INT
angle; MEA and MAA
J810R isadded to read:
O'Hare, Ill., W/P, Kinderhook, Mich., W/P;
130.1; 65.0, O'Hare, 4153'53" N., 86027105
V.; 1Q95/275* to COP,0960/2760 to Kinder- Harrison INT, Ga., via V alter.; CarteravillO
hook; 18,000; 45,000.
Kinderhook,Mich., W/P,Marble, Ohio, V/P;
112.1; 56.1, Kinderhook, 4143130" N.,
83*45'40 V W.; 0940/2740 to COP, 099*/2790
to Marble; 18,000; 45,000.
Pa., W/P; 233.9;
Marble, Ohio, W/P, Avis, " '
78.9, Marble, 41o2944 N., 8046140
0990/2790 to COP, 106/2860 to Avis; 18,000;
45,000.
''
22, Avis, 41*03'58 N., 7654120" W.;
1060/2860 -to COP, 1130/2930 to Broadway;
18,000; 45,000.
J81511 Is added to read:
178.7; 105, Casanova, 37*20'0211
79031'48" W.; 2350/0550 to COP, 231"/
0510 to Fancy Gap; 18,000; 45,000.
55, Fancy Gap, 3602100" N., 8102915611 W.;
2310/0510 to COP, 2290/0490 to Lanier;
18,000; 45,000.
J881R is added to read:
Carleton, Mich., W/P,Rosewood, Ohio, WV/P;
108; 1930/0130 to Rosewood; 18,000; 45,000.
127.5; 63.7, Rosewood, 39113,361
'
83058127" W., 176-/3560 to COP,1760/3560
to Greentree; 18,000; 45,000.
Greentree, Ky., W/P, Lanier, Ga., W/P; 230.3;
95, Greentree, S6 34'46" N., 83o48'3711 W.; Biscayne
0
1760/356- to COP, 1760/3560 to Lanier;
18,000; 45,000.
J882B is added to read:
Canton, Ga., W/P,Calumet, Ky., W/P; ,225.4;
, '
140, Canton, 36039142 N., 842615
3580/1780 to COP, 0000/1800 to Calumet;
18,000; 45,000.
From/to; total distance, changeovcr point
distance from geographic location; traot.
angle; MEA and MAA-Continucd
Calumet, Ky., W/P Palestine, Ohio, W/P;
115.7; 57.8, Calumet, 39003'0411 N.,
,'
84025'13 W.; 0000/1800 to COP, 0010/1810
to Palestine; 18,000; 45,000.
Palestine, Ohio, V/P, Milan, Ohio, WV/P;
125.4; 0130/1930 to Milan; 18,000; 45,000,
J884B isamended to read in part:
Carsonvlle, Mich., W/P, Nirvana, Mich.,
W/P; 139.6; 69.8, Carsonvlle, 43044113Y N.,
84011129VW.; 2900/1100 to COP,2840/1040
to Nirvana; 18,000; 45,000.
Section 95.5500 High altitude RNAV
routes.
,/9011. is amended to read 4n part:
Seattle, Wash., W/P, Spolmne, Wash., '
VORTAC; 190.6; 70.6, Soattlo, 47030'24 "
N., 120-24'38" W.; 0030/2430 to COP,
*
0680/248 to Spokane; 18,000; 46,000,
.79031B is amended to read in part:
Kofa, Ariz., W/P, Tucson, Ariz,, WV/P; 170,1;
73, Kofa, 32056'54" N., 11236'10" V.;
1030/2830 to COP, 1050/2850 to Allied;
18,000; 45,000.
J950R Isamended to read In part:
La
Refinery, Tex., W/P, Scurry, Tex., VOTAC;
140, 70, Refinery, 3122'43" N., 95*490451
W.; 3310/1510 to COP,3310/1510 to Scurry;
18,000; 45,000.
Section 95.6005 VOR Federalairway 5
Dublin, Ga., VOlR vi. V alter.; Macon, Ca,,
VOlR via V alter.; 2,300.
Ga., VOR via W alter.; Loralno INT,
Ga., via W alter.; 2,000.
Loraine INT, Ga., vla W alter.,; Rex, Ga,,
VOR via W alter.; *2,500. *2.200--MOCA,
2670 M rad,
Rex VO1t and 3460 M rad, Atlanta VOU
via W ulter.; 2,200. A
INT 2670 M rpd, Rex VOR and 3460 M rad,
'' Atlanta VOR via V alter.; Harrison INT,
Ga., via V alter.; 2,600.
INT, Ga., via W alter.; 3,300.
Cartersvillo INT, Ga., via W alter.; Kermit
INT, Ga., via W alter.; *4,600, "4,000)
MOCA.
Kermit INT, Ca., via W alter.; Chattanooga,
Tenn. VOR via W alter.; 3,000.
V.;
Section 95.6005 VOR Federalairway 5
is amended to read in part:
Dublin, Ga., VOR; Athens, On., VO; *2,600,
*2,400-MOA.
Athens, Ga., VOR; Commerco INT, Oa,
*3,600. *3,200--MOCA.
Commerce.INT, a.; College INT, Ga.; 4,600.
College INT, Ga.; *Chatsvtorth NT, 0%,;
N., 5,600. 04,000--MOA Chatsworth INT, south-
easbound.
Section 95.6007 VOR Federalairway 7
isamended to delete:
Miami, Fla., VOR; *Hammock INT, Fla,;
**1,500. *2,000--M-.A *1,200--MOOA,
Hammock INT, Pie.; Bunker TNT, Fin.;
*2,000. * 1,300--MOOA.
INT, lla.; Fort Myers, Fla., VoR;
*2,000. *1,400-MOCA.
N.,
Section 95.6007 VOR Federalairway 7
is amended by adding:
Bay, Fla., VOR; *Wcztland TNT,
Fla.; **2,000. *2,500.-mA. **1,300-
MOCA.
Westland INT, Mse.; *Svhnp INT, 1a,1.
* *3,300. *3,300--MOA Svanp INT, south-
eastbound. * 0 1,200-MOCA.
%V.;
Swamp INT, Fla.; Fort Myers, Fla., VOR;
02,000. *1,300-MOCA.
 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
From/to; total distance; changeover poinj From/to; total distance; changeover poini
distance from geographic location; tracA distance from geographic location; tracl
angle; MEA and MAA--Contnued angle; MEA and MAA-Continued
Section 95.6097 VOR Federal airwa
97 is amended to delete:
Arcadia TNT, Fla., via E alter.; Lakeland, Fla.,
VOR via E alter.; *2,000. *1,500---OCA.
Lakeland, Fla., VOlt via E alter.;.Bayport INT,
Fla., via E alter.; *1,800. *1,500--MOOA.
Bayport INT, Fla., via E alter.; Richey INT,
Fla., via E alter.; *3,000. "1,200-MOCA.
Richey, INT, Fla., via E alter.; Shrimp TNT,
Fla., via E alter.; *5,000. *1,20--MOCA.
Shrimp INT, Fla., via E alter.; *Scallop INT,
Fla., via E alter.; *'5,000. *3,000-MRA.
* * 1,200-MOCA.
Scallop INT, Fla., via E alter.; Cross City, Fa.,
VOlt via E alter.; *1,500. *1,200-MOCA.
Cross City, Fla., VOR via E alter.; Tallahas-
see, Fla., VOR via E alter.; *2,000. *1,600--
MOCA.
Albany, Ga., VOR via E alter.; Montezuma
INT, Ga., via E alter.; *2,000. *1,800-
MOCA.
Montezuma INT, Ga., via E alter.; *Butler
INT, Ga., via E alter.; **5,000. *3,800-
MRA. **1,800-MOCA.
Butler INT, Ga., via E alter.; Griffin INT, Ga.,
via E alter; *4,000. *2,100--MOCA.
Griffin INT, Ga., via E alter.; Atlanta, Ga.,
VOR via E alter.; *2,600. *2,300--MOCA.
Grant INT, Ga.; Concord NT, Ga.; "3,000
"2,600-TOCA.
Concord INT, Ga.; Brooks INT, Ga.; *2,800.
*2,300-MOCA.
Brooks INT, Ga.; Atlanta, Ga., VOR; *2,500.
*2,300---MOCA.
Atlanta, Ga.; VOR via E alter.; Tucker TNT,
Ga., via E alter.; 3,000.
Tucker INT, Ga., via alter.; Norcross, Ga.,
VOR via E alter.; 3,100.
Norcross, Ga., VOlt via E alter.; Cumming
INT, Ga., via E alter.; 2,700.
Cuming INT, Ga., via E alter.; College INT,
Ga., via E alter.; *5,000. *4,100---MOCA.
College INT, Ga., via E alter.; Harris, Ga.,
VOR via E alter.; 6,200.
Harris, Ga., VOR via E alter.; Fontana INT,
N.C., via E alter.; 7,800.
Fontana INT, N.C., via E alter.; *Kinzel INT,
Tenn., via E alter.; **7,000. *6,000-MCA
Kinzel INT, southbound. **6,800-MOCA.
Kinzel INT, Tenn., via E alter.; Knoxville,
Tenn., VOR via E alter.; 4,200.
Section 95.6097 VOR Federal airway
97 is amended to read in part:
Americus TNT, Ga.; Tazewell INT, Ga.; *3,000.
*2,100-MOCA.
Tazewell, INT, Ga.; Grant INT, Ga.; *4,000.
*2,200--MOCA.
Nelson INT, Ga.; Murphy INT, N.C.; *8,000.
*6,200-MOCA.
Joliet, ni., VOR; *Warren.
., Ill.; **2,500.
*5,500-MRA. **2,100-MOCA.
Warren INT, Ill.; Lakewood INT, Inl.; *Z,700.
*2,200---1..OCA.
Miami, Fla., VOR; LaBelle, Fla., VOR; *2,000.
*1,400---lOCA.
Darby INT, Fla.; *Scallop INT, Fla.; * *5,000.
* 3,000---A k. ** 1,200---MOCA.
Section 95.6103 VOR Federal airway
103 is amended to read in part:
Bellaire, Ohio, VOR; Atwood TNT, -Ohlo;
*6,000. *3,000-OCA.
Atwood INT, Ohio; Akron, Ohio, Von; 3,000.
Section 95.6115 VOR Federal airway
115 is amended to read in part:
Birmingham, Ala., VOn; Whitney INT, Ala.;
*3,000. *2,500-MOCA.
Whitney INT, Ala.; Chickamuga INT, Ala.;
4,000.
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY,
RULES AND REGULATIONS
From/to; total distance; changeover point
distance from geographic location; track,
angle; MEA and MAA-Continued
Section 95.6142 VOR Federal airwaz Section 95.6224 VOR Federal airway
142 is added to read: 224 is added to read:
Hampton INT, Ga.; Godfrey INT, Ga.; "7,500, Heflin INT, Ga.; Rex, Ga., VOR *4,000.
"2,500--MOCA *3,700--\XOCA.
Godfrey INT, Ga.; Sharon INT, Ga.; *3,500 fRex, Ga., VOR; Madison INT, Ga.; *3,000,
*2,000--MOCA. *2,400---IMOCA.
Sharon INT, Ga.; 14agusta, Ga., VOR; 2,000.
Section 95.6237 VOR Federal airway
Section 95.615 VOR Federal airwa 237 is amended to read in part:
157 is amended to read in part: Needles, Calif., Von; Boulder City, Nov.,
VOR; 7,600.
Miami, Fla., VOR; LeBelle, Fla., Von; *2,000.
*1,400---..OCA.
Pine INT, Fla., via west alternate; Swamp Section 95.6241 VOR Federal airway
241 is amended to delete:
INT, Fla., via west alternate; *2,300.
*1,500--MOCA. Columbus, Ga., VOR: Geneva INT, Ga.;
Swamp INT, Fla., via west alternate; LaBelle,*2,200. '1,600--MOCA.
Fla., VOR via west alternate; *2,000. Geneva INT, Ga.; Raleigh INT, Oa,; *3,600.
*1,500-MOCA. *3,400--MOCA.
Raleigh INT, Ga.; Woodbury INT, Ga.; 3,400,
Section 95.6159 VOR Federal airway Woodbury INT, Ga.; Atlanta, Ga,, Von;
159 is amended to read in part:
*2,500. *2,300---MOCA.
Tuskegee, Ala., VOR; Seaman INT, Ala.; Columbus, Ga., VOR via E alter.; Geneva
*2,000. * 1,800-MOCA. INT, Ga.; via E alter.; '2,200. 1,600-
Seaman INT, Ala.; Andy INT, Ala.; *3,000. MOCA.
*2,800--MOCA. Raleigh INT, Ga., via E alter.: Shirley INT,
Andy INT, Ala.; Birmingham, Ala., Volt; Ga., via E alter.; 3,400.
*3,500. *2,800-MOCA. Shirley INT, Ga., via E alter.; Brooks INT,
Birmingham, Ala., VOR; Cardova INT, Ala.; Ga., via E alter.; *2,800. *2,300-4OOA.
2,200. Brooks INT, Ga., via E alter.; Atlanta, Ga.,
Cardova INT, Ala.; Hamilton, Ala., VOR; VOR via E alter.: *2,500. *2,300-MOOA.
2,500. Columbus, Ga., VOR via W alter.; Big Spring
INT, Ga., via W alter.; '2,800. *2,300--
Section 95.6168 VOR Federal airway MOCA.
168 is added to read. Big Spring INT, Ga., via W alter,; Tyrone
INT, Ga.,, via W alter.;. *2,600. '2,200-.
Birmingham, Ala., VOR; Gossett INT, Ala.; MOCA.
4,000.
Tyrone INT, GIa., via W alter.; Atlanta, Ga.,
Section 95.6179 VOR Federal airway VOlt via W alter.; *2,500. *2,300--MOCA,
179 is added to read:
Section 95.6241 VOR Federal airway
Dublin, Ga., VOR; Sinclair INT, Ga.; *2,500. 241 is amended to read in part:
*2,000--MOCA.
Columbus, Ga., VOR; Tyrone INT, Ga.; *3,000,
Sinclair 1NT, Ga.; Hampton TNT, Ga.; 2,500. *2,300-MOCA.
Section 95.6194 VOR Federal airway Section 95.6243 VOR Federal airway
194 is amended to read in part: 243 is amended to delete:
Norcross, Ga., VOR; Commerce TNT, Ga.;
-4,000. *3,400-MOCA.
Vienna, Ga., VOlt via E alter.; Macon, Ga.,
VOR via E alter.; '2,000. *I80-MOTCA.
Commerce INT, Ga.; Anderson, S.C., VOl; Macon, Ga., VOR via E alter.; Yate3ville INT,
3,000. Ga., via E alter.; *2,200. '1,000--MOCA.
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:
Holly Beech INT, La.; White Lake, La.,
Vienna, Ga., VonR: Grant INT, Ga.; *3,000.
VOR; *2,000. *1,600--A.5OCA. '2,700-MOA.
Grant INT, Ga.; LaGrange, Ga., VOR; *3,500,
Section 95.620 VOR Federal airway *3,400-MOCA.
204 is amended to read in part:
LaGrange, Ga., VOR; Heflin INT, Ala.: '4,000,
McKenna INT, Wash.; *Alder INT, Wash.; *2,800-MOOA.
Heflin INT, Ala.; Felton INT, Ala.; '0,000.
9,000. *5,800---MCA Alder INT, eastbound.
Alder INT, Wash.; Tampico TNT, Wash.; "3,400--MOA.
10,000. Felton INT, Ala.; Gore INT, Ga.; '5,000.
*4,000-MOA,
Section 95.6222 VOR Federal airway Gore INT, Ga.; Chattanooga, Tenn., VOR
222 is amended to delete: 4,000.
Norcross, cia., VOR; Cumming, INT, Ga.; Section 95.6267 VOR Federal airway
2,700. 267 is amended to read in part:
Cumming INT, Ga.; Toccoa, Ga., VOR;
Dublin, Ga., VOR; Athens, Ga., VOR; *2600.
'4,000. *2,700---MOCA. 02,400--TOCA.
Athens, Ga., VOR: Commerce INT, Ga,;
Section 95.6222 VOR Federal airway
222 is amended by adding: *3,600. $3,200---OCA.
Commerce INT, Ga.; Tallulah INT, Ga, i,300,
Montgomery, Ala., VOn; Kent INT, Ala.;
2,000. Tallulah INT, Ga.; Harris, Ga., VOR: 7,000.
Kent INT, Ala.; LaGrange, Ga., VOR; *2,600. Section 95.6281 VOR Federal airway
*2,100---MOCA. 281 is added to read:
LaGrange, Ga., VOR; Tyrone INT, Ga.; Albany, Ga., Von; Ideal INT, Ga.
*2,700. *2,100---MOCA. '2,000,
*1,800--MOCA.
Norcross, Ga., VOR; Toccoa, Ga., VOR; *4,000. Ideal INT, Ga.; Hampton INT, Ga,
*3.400-MOCA. *5,000,
*2,100-MOCA.
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
South Bend, Ind.-St. Joseph County Air-
port; LOG (BC) Runway 9, Amdt. 8;
Revised.
3. Section 97.25 is amended by estab-
lishing, revising or canceling the follow-
ing SDF-LOC-LDA SIAP's effective
November 4, 1971
Norwood, Mass.-Norwood Memorial Airport;
SDF Runway 35, Original; Established.
Buffalo, N.Y.-Greater Buffalo International
Airport; LOC (BC) Runway 5, Amdt. 13;
Canceled.
Colorado Springs, Colo-Peterson Field; LOC
(BO) Runway 17, Amdt. 7; Revised.
Cordova, Alaska-Cordova Mile 13 Airport;
LOC/DME Runway 27, Amdt. 1; Revised.
4. Section 97.27 is amended by es--
tablishing, revising or canceling the fol-
lowing NDB/ADF SIAP's, effective
November 4, 1971:
Buffalo, N.Y.-Greater Buffalo International
Airport; NDB Runway 5, Amdt. 5; Revised.
Buffalo, N.Y.---Greater Buffalo International
Airport; NDB Runway 23, Amdt. 9; Re-
vised.
Colorado Springs, Cblo.-Peterson Field; NDB
Runway 35, Amdt. 17; Revised.
Pocatello, Idaho-Pocatello Municipal Air-
port; NDB Runway 21, Amdt. 12; Revised.
5. Section 97.29 is amended by estab-
lishing, revising, or canceling the follow-
ing IIS SIAP's, effective October 7, 1971:
Washington, D.C.-Dulles International Air-
port; ILS Runway 1R, Amdt. 9; Revised.
6. Section 97.29 is amended by estab-
lishing, revising, or canceling the follow-
ing ILS SIAP's, effective October 21,
1971:
South Bend, Ind.-St. Joseph County Air-
port; ILS Runway 27, Amdt. 25; Revised.
7. Section 97.29 is amended by bstab-
lishing, revising, or canceling the follow-
ing ILS SIAP's, effective November 4,
1971.
Atlanta, Ga.-Fulton County Airport; ILS
Runway an, Original; Established.
Buffalo, N.Y.---Greater Buffalo International
Airport; ILS Runway 5, Amdt. 6; Revised.
Buffalo, N.Y.--Greater Buffalo International
Airport; ILS Runway 23, Amdt. 20; Revised.
Colorado Springs, Colo.-Peterson Field; ILS
Runway 35, Amdt. 23; Revised.
Los Angeles, Calif.-Los Angeles Internation-
al Airport; ILS Runway 24L/R, Amdt. 1;
Revised.
Los Angeles, Calif.-Los Angeles Internation-
al Airport; ILS Runway 25L/R, Amdt. 1;
Revised.
Pocatello, Idaho-Pocatello Municipal Air-
port; ILS Runway 21, Amdt. 15: Revised.
Rock Springs, Wyo.-Rock Springs-Sweet-
water County Airport; ILS Runway 25,
Amdt. 17; Revised.
8. Section 97.31 is amended by estab-
lishing, revising, or canceling the follow-
ing Radar SIAP's, effective November 4,
1971.
Buffalo, N.Y.--Greater Buffalo International
Airport; Radar-i, Amdt. 7; Revised.
Colorado Springs, Colo.-Peterson Field;
Radar-1, Amdt. 9; Revisqd.
(Sees. 307, 313, 601, 1110, Federal Aviation
Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510;
sec. 6(c) Department of Transportation Act,
49 U.S.C. 155(c) and 5 U.S.C. 552(a) (1))
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
Issued In Washington, D.C., on Sep- cepting or rejecting tho settlement offer and
tember30, 1971. in the event ouch a request Is made the in-
formation which Is the subjeot of the re-
WILLIAM G. SHREVE, Jr., quest will continue to be withheld pending
Acting Director, Board action on the request for nondisolos-
Flight Standards Service; ure. Such requests must, of courco, comply
with the requirements of Rule 39(d) of the
NOTE: Incorporation by reference pro- Board's Procedural Regulations relating to
visions in 97.10 and 97.20 (35 F.R. identification of the information sought to
5610) appioved by the Director of the be withheld and must provide reason iegVl-
Federal Register on May 12, 1969. ly sufficient to support withholding under
section 1104 of the Act.2
[FR Doc.71-14753 Filed 10-8-71;8:45 am]
In order to insure that the Board's
rules accurately reflect Board practice,
Chapter Il-Civil Aeronautics Board and in order to provide the public with
additional notice that settlement docu-
SUBCHAPTER B-PROCEDURAL REGULATIONS mentation is to be treated confidentially,
[Reg. PR--122; Amdt. 7] we are amending Rule 215 so as to pro-
PART 302-RULES OF PRACTICE IN scribe the procedures detailed in Order
71-8-11. For the reasons set forth in said
ECONOMIC PROCEEDINGS order, it is our judgment that disclosure
Confidential Treatment of Settlement of such settlement documentation, ex-
Documentation in Enforcement Pro- cept to the extent herein provided, would
adversely affect the interests of the par-
ceedings ties to settlement offers and is not re-
Adopted by the Civil Aeronautics quired in the interest of the public.
Board at its office in Washington, D.C., Since this rule is procedural In nature,
on the 6th day of October 1971. and since It merely codifies a preexisting
Rule 215 of the Board's rules of prac- Board practice, the Board finds that
tice provides that parties to economic notice and public procedure hereon are
enforcement proceedings may submit of- unnecessary and the amendment may be
fers of settlement or proposals of adjust- made effective Immediately.
ment, and the rule prescribes procedures Accordingly, the Civil Aeronautics
to be followed in connection with such Board hereby amends 302.215(b) of Its
offers or proposals. Procedural Regulations - (14 CFR Part
In a recent case involving an offer of 302), effective October 6, 1971, to read as
settlement pursuant to Rule 215, the follows:
Board granted a request of a party that 302.215 Offers
settlement documentation be withheld of settlemcnt.
from public disclosure until the Board
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-
with previous, but uncodifled, Board tion, any responses thereto, any memo-
practice. In the order, we alluded to the randa filed in support thereof or In op-
fact that such confidential treatment position thereto, and any other settle-
tends to further the strong public policy ment documentation, shall be withheld
favoring settlement of litigation, inas- from public disclosure until 5 days after
much as parties might otherwise be the issuance of a final order of the Board
reluctant to reveal certain internal in- either accepting or rejecting the offer
formation or to make certain admissions. or proposal. At any time prior to the ex-
In the same order, we detailed the piration of the time prescribed herein for
proper treatment of material constitut- the withholding of Information from
ing settlement documentation filed pur- public disclosure, a party may file a re-
suant to Rule 215 and to section 561 of quest for further withholding from public
the CAB manual, "Board Consideration disclosure. Such a request must be filed
of the Offers of Settlement," and we in- in the form prescribed in 302.39(d),
dicated that we had instructed the staff and must provide reasons legally suffi-
to prepare an appropriate amendment cient to support withholding the Infor-
to section 561 of the manual. We de- mation under section 1104 of the Act.
scribed the procedures as follows: In any case where such a request Is
* * * For purposes of offers of settlement, timely and properly filed, the informa-
the offers of -theparties, the responses tliere- tion which is the subject of the request
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
with other settlement documentation, will
be withheld from public disclosure until 5 request.
days after final order of the Board either (Sees. 204(a) and 1104 of the Federal Avia-
accepting or rejecting such proposal. If the tion Act of 1958, as amended, 72 Stat, 743,
respondent believes that further withhold- 797; 49 U.S.C. 1324, 1504)
ing is necessary in order to obviate any ad-
verse effect upon his interests, It will be In- By the Civil Aeronautics Board.
cumbent upon him to request further with-
holding from public disclosure. Such a re- [SEAL] IHARRY J. ZINIC,
quest may be filed at any time up to 5 days Secretary,
following issuance of the Board's order ac- [FR Doc.71-14877 Filed 10-8-71;8:61 a ml
'Order 71-8-11, August 3, 1971. - Order 71-8-11 at 2, 3.

Title 16-COMMERCIAL
PRACTICES
Chapter i-Federal Trade Commission
[Docket No. C-20231
PART -13-PROHIBITED TRADE
PRACTICES
Angelo Cofone et al.
Subpart---Advertising falsely or mis-
leadingly: 13.70 Fictitious or mislead-
ing guarantees; 13.71 Financing:13.-
71-10 Truth in Lending Act; 13.73
Formalregulatoryand statutoryrequire-
ments: 13.73-92 Truth in Lending Act;
13.155 Prices: 13.155-10 Bait; 13.-
155-100 Usual as reduced, special, etc.;
13.155-95 Terms and conditions; 13.-
155-95(a) Truth in Lending Act; 13.-
175 Quality of Product or service; 13.-
230 Size orweight; 13.260 Terms and
conditions.Subpart--Neglecting, unfairly
or deceptively, to make material disclo-
sure: 13.1852 Formal regulatory and
statutory, requirements: 13.1852-75
Truth in Lending Act; 13.1905 Terms
and conditions: 13.1905-50 Sales con-
tract; 13.1905-60 Truth in Lending Act.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret
or apply Sec. 5, 38 Stat. 719, as amended,
82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605)
[Cease and desist order, Angelo Cofone et al.,
Norwich, Conn., Docket'No.C-2023, Sept. 2,
19711
In the Matter of Angelo Cofone, an In-
dividual Doing Business as T-Ville
Freezer Meats, Tattville Beef Co.,
andas Beefland Beef Co.
Consent order requiring a Norwich,
Conn., individual selling and distributing
beef and other meat products in Con-
necticut and New Hampshire to cease
using bait advertising, failing to disclose
that payments on extended credit must
be made to third parties, failing to dis-
close all terms of a guarantee, advertis-
ing regular prices as "sale" or "special,"
failing to grade lower cuts of meat as
below "U.S.D.. Prime," failing to in-
clude on the face of installment contracts
that third party takers are subject to all
defenses of the makers, and failing to
make all disclosures required by Regula-
tion Z of the Truth in Lending Act.
The order to cease and desist, includ-
ing further order requiring report of
.compliance therewith, is as follows:
It is ordered, That proposed respond-
ent, Angelo Cofone, individually and
doing business as T-Ville Freezer Meats,
and as Tattville Beef Co., and as Beef-
land Beef Co., and proposed respondent's
agents, representatives and employees,
directly or through any corporate or
other device, in connection with the
offering for sale, sale or distribution of
beef or any Other food product, do forth-
with cease and desist from:
1. Disseminating or causing the dis-
semination of any advertisement by
means of the U.S. mails, or by any means
in commerce, as "commerce" is defined
in the Federal Trade Commission
Act, which represents, directly or by
inplication:
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
(a) That any product is offered for
sale when such offer is not a bona fide
offer to sell the advertised product.
(b) That any products are offered for
sale, when the purpose of such represen-
tation is not to sell the offered products,
but to obtain prospects for the sale of
other products at higher prices.
2. Disseminating or causing the dis-
semination of any advertisement by
means of the U.S. malls, or by any means
in commerce, as "commerce" is defined
in the Federal Trade Commission Act,
which represents, directly or by implica-
tion:
(a) That purchasers, in the ordinary
course of proposed respondents business,
may arrange for the extension, by pro-
posed respondent, of credit for purchases
of beef portions when proposed respond-
ent does not so extend credit in the ordi-
nary course and conduct of his business.
(b) That purchasers may arrange to
make deferred payments for their pur-
chases directly to the proposed respond-
ent, upon his alleged extension of credit,
when arrangement cannot be made by
purchasers to make such deferred pay-
ments directly to proposed respondent,
but, instead payments must be made to a
third party.
3. Disseminating or causing the dis-
semination of any advertisement by
means of the US. mails, or by any means
in commerce, as "commerce" is defined in
the Federal Trade Commission Act,
which fails to clearly and conspicuously
disclose that purchasers' installment con-
tracts, unless they expressly provide to
the contrary, will be placed with a fi-
nance company, or any similar institu-
tion, for the purpose of collection, and.
that interest and/or carrying charges will
be included in the installment payments
if an account is not paid within a speci-
fied period of time set by proposed re-
spondent, said time period to appear in
purchasers' installment contracts.
4. Disseminating or causing the dls-
seminaton of any advertisement by
means of the U.S. mails, or any means
in commerce, as "commerce" is defined
in the Federal Trade Commission Act,
which fails to clearly and conspicuously
disclose all terms of any guarantee, of
beef or other food products, appearing
in such disseminated advertisements
including:
a. The US.D.A grade and price of
beef guaranteed by proposed respondent.
b. The characteristics or properties of
the guaranteed beef or other food prod-
uct covered by the guarantee.
C. The duration of the guarantee.
d. The conditions to be met by a claim-
ant under the guarantee.
e. The manner in which proposed re-
spondent will perform or fulfill his ob-
ligation under the guarantee.
5. Disseminating or causing the dis-
semination of any advertisement by
means of the U.S. mails or by any means
in commerce, as "commerce" is defined
in the Federal Trade Commission Act,
which represents, directly or by implica-
tion that prices stated in proposed re-
spondent's advertisements are not the
regular and ordinary prices at which
19679
proposed respondent offers for sale, and
sells beef portions, but, are instead "sale"
or "special" prices, and therefore lower
prices than are proposed respondent's
regular and ordinary prices when, in
truth and in fact, such stated prices are
the prices regularly and ordinarily
charged by proposed respondent for the
products advertised, and do not consti-
tute a reduction from proposed respond-
ent's regular and ordinary prices.
6. Disseminating or causing the dis-
semination of any advertisement by
means of the United States mals, or by
any means in commerce, as "commerce"
is defined in the Federal Trade Commis-
sion Act, which fails to clearly and con-
spicuously disclose:
a. That all untrimmed beef portions
are sold subject to weight loss due to cut-
ting, dressing and trimming. -
b. That the price charged for such
beef is based on the weight thereof be-
fore cutting, dressing and triming
occurs.
c. The average percentage of weight
loss of such beef due to cutting, dressing
and trimming.
7. Disseminating or causing the dis-
semination of any advertisement by
means of the U.S. mails, or any means
in commerce, as "commerce" is defined
in the Federal Trade Commission Act,
which falls to clearly and conspicuously
include the statement, "this meat is of
a grade below U.S. Prime, U.S. Choice
and U.S. Good", when such advertise-
ment includes U.S. Department of Agri-
culture graded meat which is below the
grade, "U.SD.A. Good:'
8. Disseminating or causing to be
disseminated by aby means, for the pur-
pose of inducing, or which is likely to
induce, directly or indirectly, the pur-
chase of any meat or other food product
in commerce, as "commerce" is defined
in the Federal Trade Commission Act,
any advertisement which contains any
of the representations or misrepresenta-
tions prohibited in paragraphs 1, 2 and 5
of this order or fails to comply with the
alirmative requirements of paragraphs
3,4,6 and 7hereof.
9d Discouraging the purchase of, or
disparaging in any manner, or encourag-
ing, or instructing, or suggesting that
others discourage or disparage, any meat
or other food products which are adver-
tised or offered for sale in advertise-
ments disseminated or caused to be dis-
seminated by means of the US. mail or
by any means in commerce, as "com-
merce" is defined in the Federal Trade
Commission Act.
10. Failing to include the following
legend on the face of any installment
contract or Instrument of indebtedness
which s to be assigned or negotiated,
by proposed respondent, to a third party.
NonicE
Any holder of this Instrument, or of the
rights as-igned under this installment con-
tract. shall take It subject to any and all
defences arlsing in behalf of the maker, or
the party to be charged, against Angelo
Cofone, individually and trading as T-Ville
Free= Meats, Taftvile Beef Co., and as
Beefland Beef Co., or any successor thereto,
which arLse out of any conduct in connection
 19680
with the agreement giving rise to this in-
strument or installment contract which vio-
lates the Federal Trade Commission Act or
any other statute administered by the Fed-
eral Trade Commission.
11. Failing in any consumer credit
transgction or advertisement, to make all
disclosures, determined- in accordance
with 226.4 and 226.5 of Regulation Z,
in the manner, form and amount re-
quired by 226.6, 226.7, 226.8, 226.9 and
226.10 of Regulation Z.
12. Failing to deliver a copy of this
order to cease and dtesist to all managers
and salesmen, both present and future,
and to any other person now engaged or
who becomes engaged in the sale of meat
or other food products as proposed
respondent's agent, representative, or
employee, and to secure a signed state-
ment from each of said persons acknowl-
edging receipt of a copy thereof.
It is further ordered, That proposed
respondent notify the Commission at
least 30 days prior to any proposed
change in proposed respondent such as
incorporation, assignment, or sale re-
sulting in the emergence of a successor,
or any other change in the proposed re-
spondent which may affect compliance
obligations arising out of the order.
It is further ordered, That the pro-
posed respondent herein, shall within
sixty (60) days after service upon him
of this order, file with the Commission
a report, in writing, setting forth in detail
the manner and form in which he has
complied with this order.
Issued: September 2, 1971.
By the Commission.
[SEAL] CHARLES A. TOBIN,
Secretary.
[FR Doc.71-14825 Filed 10-8-71;8:47.am]
[Docket No. C-2019]
PART 13-PROHIBITED TRADE
PRACTICES
Bonne Bell, Inc.
Subpart-Coercing and Intimidating:
13.358 Distributors. Subpart-Com-
bining or conspiring: 13.470 To re-
strain and monopolize trade. Subpart-
Cutting off access to customers or mar-
ket: 13.560 Interfering with distrib-
utive outlets. Subpart-Maintaining re-
sale prices: 13.1140 . Cutting off
supplies; 13.1145 Discrimination:
13.1145-5 Against price cutters;
13.1165-90 Spying on and reporting
price cutters,in general.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets
or applies sec. 5, 38 Stat. 719, as amended;
15 U.S.C. 45) [Cease and desist order, Bonne
B3ell, Inc., Lakewood, Ohio, Docket No. C-2019,
Aug. 25, 19711
In the Matter of Bonne Bell, Inc., a
Corporation
Consent order requiring a Lakewood,
Ohio, manufacturer and distributor of
cosmetic and toilet products to cease fix-
ing the retail price of its products,
soliciting the spying of one retailer on
another, requiring resale of unsold mer-
chandise to respondent, using marked
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
packages to trace merchandise, termi-
nating business with any dealer for fail-
ure to observe any prohibited practice,
and to reinstate any former dealer which
has failed to comply with the prohibited
terms of this order.
The order to cease and desist, Includ-
ing further order requiring report of
compliance therewith, is as follows:
I. It is ordered, That resIlondent
Bonne Bell, Inc., a corporation, its offi-
cers, agents, representatives, and em-
ployees, successors and assigns, directly
or through any corporate or other device,
in connection with the offering for sale,
sale or distribution of any products in-
cluding, but not limited to, cosmetic and
toilet products in commerce, as "com-
merce" is defined in the Federal Trade
Commission Act, do forthwith cease and
desist from:
A. Engaging in any one or more of the
following acts or practices:
1. Entering into, maintaining or en-
forcing any contract, agreement, under-
standing or arrangement with its deal-
ers which has the purpose or effect of
fixing, establishing or maintaining the
prices at which its products are adver-
tised or resold.
2. Fixing, establishing, controlling or
maintaining the prices at which its deal-
ers advertise, promote, offer for sale or
sell its products.
3. Requiring prospective dealers to
agree, through direct or indirect means,
that they will adhere to established or
suggested resale prices for respondent's
products.
B. Requesting, soliciting or encourag-
ing any dealer to supply information or
to report to respondent regarding the
failure of any other dealer to adhere to
established or suggested resale prices
for respondent's products.
C. Announcing dates other than sug-
gested dates for the advertising, com-
mencement or conclusion of any reduced
resale price sale of respondent's products.
D. Requiring any dealer to resell to
respondent any unsold stock of respond-
ent's products.
E. Refusing earned cooperative adver-
tising payments to dealers who adver-
tise its products at prices other than
established or suggested resale prices.
F. Including in its own advertising,
or in any advertising or promotional aids
or material supplied or sold to its dealers,
any price or prices at which respondent's
products may be resold by its dealers, or
publishing, disseminating or circulating
to any dealer any merchandise order
sheet, invoice, or other material indi-
cating any price .or prices at which
respondent's products may be resold by
its dealers, unless it is clearly and con-
spicuously stated that such prices are
"suggested prices only."
G. Preventing, restricting or hinder-
ing any of its -dealers, by agreements or
any other means, from reselling, trans-
ferring or transshipping respondent's
products to any retailer, distributor,
wholesaler or manufacturer.
H. Using numbers, letters or markings
of any kind on or accompanying its prod-
ucts or on the containers, labelling or
packaging of its product, as a means of
tracing sales of Its products to particu-
lar dealers where the purpose or effect
of such tracing Is to Implement any of
the acts, practices, conditions, agree-
ments or understandings prohibited in
paragraphs A and G above.
I. Discriminating or taking reprisals
against or exerting pressure on any
dealer to comply with any of the acts,
practices, conditions, agreements or un-
derstandings prohibited In parpgraphs
A and G above.
J. Terminating business relationships
with any dealer because such dealer has
failed to comoly with any of the acts,
practices, conditions, agreements or un-
derstandings prohibited In paragraphs
A and G above.
Nothing In this order shall be con-
strued to prevent respondent from en-
gaging In a legitimate fair trade pro-
gram in those States having fair trade
laws.
II. It is further ordered. That respond-
ent shall reinstate any former dealer
terminated since January 1, 1966 for fail-
ure to comply with one or more of the
acts, practices, conditions, agreements
or understandings prohibited In para-
graphs A and G of this order If such
dealer desires reinstatement.
I. It is further ordered,That respond-
ent shall within sixty (60) days after
service non It of this order, serve by mall
a copy of this order on each of Its dealers.
IV. It is furtherordered,That respond-
ent shall:
A. For a period of 2 years following the
effective date of this order, serve a copy
of this order upon each new dealer
franchised by the respondent on the date
the dealer becomes a franchisee of
respondent.
B. Within thirty (30) days after service
upon It of this order, serve a copy of this
order by mail on each dealer terminated
since January 1, 1966 together with a
letter advising that such dealer, If eligi-
ble under the requirement set forth In
paragraph II above, may apply within
thirty (30) days from receipt thereof for
reinstatement as one of respondent's
dealers.
C. Within ninety (90) days after serv-
ice upon it of this order submit to the
Commission (1) a list of all dealers ter-
minated since January 1, 1966, (2) a list
of all dealers who have been reinstated
pursuant to paragraph II above, and (3)
a list of all dealers who have not been
reinstated and the reason or reasons
therefor.
V. It is further ordered,That respond-
ent herein shall, within sixty (60) days
after service upon It of this order, file
with the Commission a report, In writing,
setting forth in detail the manner and
form in which It has complied with this
order.
VI. It is further ordered, That re-
spondent notify the Commission at least
thirty (30) days prior to any proposed
change In the 'corporate respondent such
as dissolution, assignment or sale re-
sulting in the emergence of a successor
corpoiAtlon, the creation or dissolution
of subsidiaries or any other change In

the corporation which may affect com-
pliance obligations arising out of the
order.
Issued: August 25, 1971.
By the Commission.
[SFALI CHARL.s A. ToBIn,
Secretary.
[FR Doc.71-14811 Filed 10-8-71;8:46 am]
[Docket No. 0-20211
PART 13-PROHIBITED TRADE
PRACTICES
Ellis Stewart Co., Inc., aind
Ellis Stewart Halperin
Subpart-Advertising falsely or mis-
leadingly: 13.15 Business status, ad-
vantages, or connections: 13.15-30 Con-
nections or arrangements with others;
13.15-235 Producers status of dealer or
seller: 13.15-235(m) Manufacturer;
13.15-270 Size and extent; 13.70 Fic-
titious or misleadingguarantees: 13.155
Prices:13.155-10 Bait; 13.155-33 Dem-
onstration reduction; 13.155-100 Usual
as reduced, special, etc.; 13.160 Promo-
tional sales plans; 13.170 Qualities or
properties or product or service: 13.170-
30 Durability or-permanence; 13.240
Special or limited offers; 13.260 Terms
and conditions. Subpart-Misrepresent-
ing oneself and goods-Business status,
advantages, or connections: 13.1395
Connections and arrangements with
others;_ 13.1530 Producer status of
dealer; 13.1555 Size, extent or equip-
ment; Misrepresenting oneself and
goods-Goods: 13.1647 Guarantees;
,13.1710 Qualities or properties; 13.-
1747 Special or limited offers; 13.1760
Terms and conditions: 13.1760-50 Sales
contract; Misrepresenting oneself and
goods-Prices: 13.1779 Bait; 13.1800
Demonstration reductions; 13.1825
Usual as reduced or to be increased.Sub-
part-Neglecting, unfairly or deceptively,
to make material disclosure: 13.1882
Prices; 13.1905 Terms and conditions:
13.1905-50 Sales contract.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets
or applies sec. 5. 38 Stat. 719, as amended;
15 U.S.C. 4) [Cease and desist order, -Ellis
Stewart Co., Inc., et al., Danville, Va., Docket
No. C-2021, Aug. 30, 1971]
In the Matter of Ellis Stewart Co., Inc., a
Corporation,and Ellis Stewart Hal-
perin, Individually and 'as an Ofilcer
of Said Corporation
Consent order requiring a Danville,
Va., seller and distributor of residential
aluminum siding, swimming pools, and
other -homeimprovements to cease using
bait advertising, failing to support its
savings claims, misrepresenting that any
offer to sell is limited or that the respond-
ent manufactures any of its products,
misrepresenting that any home is being
used as a model, misrepresenting affilia-
tions with other companies, making de-
ceptive guarantees, misrepresenting the
size or extent of respondent's business,
assigning notes of purchasers without
also transferring defenses valid against
respondent, failing to include a notice on
each contract that holders take this in-
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
strument subject to all terms and condi-
tions, and failing to maintain for 5 years
all contractual documents and all records
of its dealings involving the installation
of siding.
The order to cease and desist, Includ-
ing further order requiring report of
compliance therewith, isa s follows:
It is ordered, That respondents Ellis
Stewart Co., Inc., a corporation, and its
officers, and Ellis Stewart Halperin, in-
dividually and as an officer of said corpo-
ration,, and respondents' agents, repre-
sentatives and employees, directly or
through any corporate or other device,
in connection with the advertising, of-
fering for sale, sale or distribution of
aluminum siding or any other product
or service, in commerce, as "commerce"
is defined in the Federal Trade Commis-
sion Act, do forthwith cease and desist
from:
1. (a) Representing, directing or by
implication, that any product or service
is offered for sale when such offer is not
a good faith offer to sell said product or
service.
(b) Using any advertising, sales plan
or promotional scheme involving the use
of false, misleading or deceptive state-
ments or representations to obtain leads
or prospects for the sale of any product.
(c) Making representations purport-
ing to offer merchandise for sale when
the purpose of the representation is not
to sell the offered merchandise but to ob-
tain leads or prospects for the sale of
other merchandise.
(d) Disparaging, in any manner, or
discouraging the purchase of any product
advertised.
2. (a) Representing, directly or by
implication, that any price for respond-
ents' products and/or services is a spe-
cial or reduced price, unless such price
constitutes a significant reduction from
an established selling price at which
such products and/or services have been
sold in substantial quantities by respond-
ents in the recent regular course of their
business; or misrepresenting, In any
manner, the savings available to
purchasers.
(b) Failing to maintain adequate rec-
ords (1) which disclose the facts upon
which any savings claims, including spe-
cial, reduced, or former pricing claims,
and comparative value claims, and simi-
lar misrepresentations of the type de-
scribed in paragraph 2(a) of this order
are based, and (2) from which the
validity of any savings claims, including
special, reduced, or former pricing claims
and comparative value claims, and simi-
lar representations of the type described
in paragraph 2(a) of this order can be
determined.
3. Representing, directly or by impli-
cation, that any offer to sell any product
or service is limited as to time or is lim-
ited in any other manner unless respond-
ents, in good faith impose and adhere
to such limitations.
4. Representing, directly or by im-
plication, that respondents manufacture
any of the products that they sell; mis-
representing, in any manner, the nature
or scope of respondents' business.
19681
5. Representing, directly or by impli-
cation, that siding materials sold by re-
pondents will never need painting or
repairing; misrepresenting, in any man-
ner, the durability of any product sold
by respondents.
6. (a) Representing, directly or by
implication, that the home of any of
respondents' customers, or prospective
customers has been selected to be used
or will be used as a model home, or
otherwise, for advertising or sales
purposes.
(b) Representing, directly or by im-
plication, that any allowance, discount or
commission is granted by respondents
to purchasers in return for permitting
the premises on which respondents'
products are installed or services per-
formed to be used for model homes or
demonstration purposes.
7. Representing, directly or by im-
plication, that respondents have any con-
nection with Kaiser Aluminum & Chemi-
cal Corp. other than that of a purchaser
of home improvement products produced
by that company; misrepresenting, in
any manner, respondents' connection or
affiliation with any other company.
8. Failing or refusing to furnish free
merchandise to purchasers, irrespective
of a prior request therefor, upon fulfill-
ment of the terms and conditions of any
advertised offer.
9. Representing, directly or by implica-
tion, that any of respondents' products
or services are guaranteed unless the
nature and extent of the"guarantee, the
Identity of the guarantor and the man-
ner in which the guarantor will perform
thereunder are clearly and conspicuously
disclosed; or making any direct or im-
plied representations that any of re-
spQndents' products or services are guar-
anteed unless in each instance a written
guarantee is given to the purchaser con-
taining provisions fully equivalent to
those contained in such representations.
10. Representing, directly or by im-
plication, that respondents operate or
maintain business offices in Martins-
ville, Va., or Elizabeth City, Roanoke
Rapids, Mount Airy, Mooresville, States-
vile, Lexington. Concord, or Asheboro,
N.C., or any other locality where such
offices are not actually open and fully
operative; or misrepresenting, in any
mannerthe size or extentof respondents'
business.
11. Accepting certificates or other
writings to the effect that contracted
details of home improvement had been
completed, If such writings were false
when accepted; or otherwise misrepre-
senting, in any manner, the true nature
and effect of any document.
12. Assigning, selling or otherwise
transferring respondents' notes, con-
tracts or other documents evidencing a
purchaser's indebtedness, unless any
rights or defenses which the purchaser
has and may assert against respondents
are preserved and may be asserted
against any assignee or subsequentholder
of such note, contract or other document
evidencing the indebtedness.
13. Failing to include the following
statement clearly and conspicuously on
the face of any note, contract or other
 19682
instrument of indebtedness executed' by
or on behalf of respondents' customers:
NoTIcE
Any holder takes this instrument subject
to the terms and conditions of the contract
which gave rise to the debt evidenced hereby,
any contractual provision or other agreement
to'ithe contrary notvithstanding.
14. (a) Failing to maintain for a
period of 5 years, invoices, notices for
payment and all similar documents which
respondents receive in the conduct of
their business from suppliers, subcon-
tractors, and other persons; and failing
to maintain for a period of five (5) years
copies of all contracts entered into be-
tween respondents and their customers.
(b) Failing to maintain for a period of
5 years, with regard to each and every
-contract hereafter entered into between
respondents and their customers, ade-
quate records which disclose, in itemized
form, what each customer was charged,
exclusive of interest of finance charges
for materials and labor. And failing to
maintain for the same period, with re-
gard to each contract hereafter entered
into between respondents and their
customers involving siding, or the in-
stallation of siding, or both, additional
records which further disclose the quan-
tity of siding and other materials in-
stalled or delivered to the customer; the
type and grade of said siding and other
material; a description of the installa-
tion performed; the total amount of
money paid to salesmen, agents or repre-
sentatives for the solicitation of said con-
tract, and what each customer was
charged, exclusive of interest or finance
charges, per square foot for the perform-
ance of the said contract.
It is further ordered,That:
a. The respondent corporation shall
distribute a copy of this order to each
of its operating divisions.
b. Respondents shall deliver a copy of
this order to cease and desist to all pres-
ent and future personnel of respondents
engaged In the offering for sale, or sale
of any product or in any aspect of
preparation, creation, or placing of ad-
vertising, and that respondents shall se-
cure a signed statement acknowledging
receipt of said order from each such
person.
c. Respondents shall notify the Com-
mission at least thirty (30) days prior to
any proposed change in the corporate
respondent such as dissolution, assign-
ment or sale resulting in the emergence
of a successor corporation, the creation
or dissolution of subsidiaries or any other
change in the corporation which may
affect compliance obligations arising out
of the order.
It is further ordered,That the respon-
dents herein shall, within sixty (60) days
after service upon them of this order,
file with the Commission a report, in
writing, setting forth in detail the man-
ner and form in which they have com-
plied with this order.
Issued: August 30, 1971.
By the Commission.
[SEAL] CARLEs A. ToBsu,
Secretary.
[FR Doc.71-14812 Filed 10-8-71;8:46 am]
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
[Docket No. C-2026] Corp. (also known as Shuter Lalken-
PART 13-PROHIBITED TRADE Brandt); William Davidson, Individually
and as an officer of Rapid Fur Dressing
PRACTICES Corp.; Milton Mainwold, Individually
Fur Dressers Bureau of America, Inc., and as an officer of Market Fur Dresing
et al. Corp.; Samuel J. (also knovn as Seymour
J.) Meisel, individually and as an officer
Subpart-Aiding, assisting, and abet- of Melsel-Peskin Co., Inc.; Julian Basoh,
ting unfair or unlawful act or practice: Individually and as an officer of Herman
13.290 Aiding, assisting, and abetting Basch & Co., Inc.; and Irving Thomas
unfair or unlawful act or practice. Blechner, Individually and respond-
Subpart - Boycotting seller-supplies: ents' officers, agents, representatives and
13.302 Boycotting seller-supplies.Sub- employees, successors and assigns di-
part-Maintaining resale prices: 13.- rectly and indirectly, individually, or
1125 Combination; 13.1165 Systems of through any corporate or other device, or
espionage: 13.1165-90 Spying on and as members, officem, or directors of other
reporting price cutters, in general. respondents, in connection with the
(See. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets dressing of or offer to dress fur products
or applies seek 5, 38 Stat. 719, as amended; 15 in commerce, as "commerce" Is defined in
U.S.C. 45) [Cease and desist order, Fur the Federal Trade Commission Act, do
Dressers Bureau of America, Inc., et al., New forthwith cease and desist from entering
York City, Docket No. C-2026, Sept. 3, 1971] into, cooperating in, carrying out, or
In the Matter of Fur Dressers Bureau of continuing any planned common course
America,Inc., et al. of action, understanding, agreement or
conspiracy between or among any two or
Consent order requiring the Fur more of said respondents, or between any
Dressers Bureau of America, an associa- one or more of them and another or
tion, of certain New York City handlers others not party hereto, to engage In any
of furs which provide a service termed of the following acts or practices:
"dressing" which furnishes manufac- 1. Establishing, fixing, controlling, or
turers with fur products ready to be maintaining prices, discounts or the
manufactured into garments, and its terms and conditions of sale or credit in
constituent members to cease fixing connection with the dressing of fur
prices for the dressing of fur products, products.
engaging in any credit reporting plan, 2. Furnishing, exchanging, or circulat-
circulating any information which would ing any credit information or engaging
boycott any customer, attending meet- in any credit reporting plan unless:
ings at which common courses of action
are discussed, and exchanging informa- (a) The members of the assaciation
tion with any other fur dresser which are left free to determine on the basis
'would result in a common course of of their individual Judgment whether or
action. not to sell to delinquent debtors and on
what terms, and
The order to cease and desist, includ-'
ing further order requiring report of (b) There Is freedom from collusion
among members in regard to credit
compliance therewith, is as follows:
terms, prices, sales to
It is ordered, That respondents Fur and there Is freedomspecific from
customers,
any other
Dressers Bureau of America, Inc.; Bronx
Fur Master, Mancini-Stern, Inc.; Brook-. joint action which would Illegally re-
strain trade.
lyn Better Bleach, Inc.; Laiken-Brand
Fur Dressing Corp. (also doing business 3. Publishing or disseminating or
as Shuter Laiken-Brandt); Rapid Fur causing to be published or disseminated,
Dressing Corp.; Market Fur Dressing the name of any customer or prospetive
Corp.; Manhattan Fur Dressing Corp.; customer for the purpose or with the
Supreme Fur Dressing Co., Inc.; Her- effect of having the business of that cus-
man Basch & Co., Inc.; Meisel-Peskin tomer or prospective customer boycotted.
Co., Inc.; corporations, and Herman It is further ordered, That respondents
Handros, individually and as an officer individually forthwith cease and desist
of Fur Dressers Bureau of America, Inc., from:
and Manhattan Fur Dressing Corp.; 1. Attending meetings at which any
Max Braunstein, individually and as an other respondent or any competitor not
officer of Fur Dressers Bureau of Amer- a party hereto Is present, at which prices,
ica, Inc.; Max Sherrin, individually and terms and conditions of sale or credit
as an officer of Fur Dressers Bureau of pertaining to the dressing of fur prod-
America, Inc.; Herman Ringelheim, in- ucts are discussed, where such discussion
dividually and as an officer of Fur Dress- has for its purpose or effect a planned,
ers Bureau of America, Inc., and Brook- common course of action or agreement
lyn Better Bleach, Inc.; Albert J. Feld- on prices, discounts, credit, or condi-
man, individually and as Executive Di- tions of sale.
rector of Fur Dressers Bureau of Amer- 2. Sending to, requesting from, or ex-
ica, Inc.; Robert E. Levine, individually changing with any other respondent or
and as an officer of Brooklyn Better any competitor not u party hereto, any
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
Bronx Fur Master, Mancini-Stern, Inc.; credit pertaining to the dressing of fur
Irving Laiken, individually and as an products, where said activities have for
officer of Laiken-Brand Fur Dressing their purpose or effect the formulation of

a program, agreement or planned com-
mon course of action with respct to
prices, discounts, credit or conditions of
sale:
Provided, however, That nothing
herein shall prohibit any one of the indi-
vidual respondents ziamed in this order,
who-has permanently severed his prior
aMiation with any of the named corpo-
rate respondents herein from accepting
a position as an officer or employee of
any other named corporate respondent..
Where such individual respondent ac-
cepts a position as an officer or employee,
with any other named corporate re-
spondent, he shall not be deemed to be
in conspiracy or unlawful agreement
with that corporate respondent or any
of its officers or employees under any of
the terms or provisions of this order.
It is further ordered, That the re-
spondent, Fur Dressers Bureau of Amer-
ica, Inc., shall furnish all current and
future members with a copy of this
agreement and order.
Itis furtherordered,That respondents;
individually, notify the Commission
within thirty (30) days after any change
in any corporate respondent such as dis-
solution, assignment or sale resulting in
the emergence of successor corporations,
the creation or dissolution of subsidiaries
or any other change in any corporation
which may affect compliance obligations
arising out of the order.
It is further ordered,That respondents
herein shall within sixty (60) days after
service upon them of this order, file with
the Commission a report in writing set-
ting forth in detail the manner and form
in which they have complied with this
order.
. Provided further, That entry of this
order by the Commission does not con-
stitute an admission by respondents that
they have violated the law as alleged in
the complaint which the Commission has
issued.
Issued: September 3, 1971.
By the Commission.
[SEAL] CHARLES A. ToBIN,
Secretary.
[Fn Doc.71-14813 Filed 10-8-71;8:46 am)
[Docket No. 4C-2025]
PART 13-PROHIBITED TRADE
PRACTICES
General Sales Corporation et al.
Subpart---Advertising falsely or mis-
leadingly: 13.71 Financing: 13.71-10
Truth in Lending Act; 13.73 Formal
regulatory and statutory requirements:
13.73-92 TruthinendingAct; 13.155
Prices: 13.155-10 Bait; 13.155-95
Terms and conditions; 13.155-95(a)
Truth in Lending Act; 13.175 Quality
of product or service; 13.180 Quantity:
13.180-30 In stock; 13.230 Size or
weight; 13.260 Terms and conditions.
Subpart-Neglecting, unfairly or decep-
tively, to make material disclosure:
13.1905 Terms and conditions:
13.1905-50 Sales contract; 13.1905-
60 Truth in Lending Act.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret
or apply Sec. 5, 38 Stat. 719, as amended. 82
Stat. 146. 147; 15 U.S.C. 45, 1601-1605)
[Cease and desist order. General Sales Corp.
et al., Wichita, Kans.. Docket No. C-2025,
Sept. 3, 1971])
In the Matter of General Sales Corp., a
Corporation, and Farmers Quality
Meats, Inc., a Corporation,and Ray-
mond Barlow,Individually and as an
Officer and Directorof Said Corpo-
rations, and Willard L. Gettle, Jr.,
individually and as an Officer and
Directorof Farmers Quality Meats,
Inc., and as a Director of General
Sale Corp.
Consent order requiring Wichita,
Kans., sellers and distributors of beef
and other meat products to cease failing
to disclose its ungraded meat as such,
using bait offers, failing to disclose the
fat trim, bone, and shrink loss of Its
meat, and failing to place on the face of
its sales contracts a notice that they may
be sold to third parties who may require
payment in full even if contract Is not
fulfilled; respondents are also required
to comply with the terms of Regulation Z
of the Truth in Lending Act.
The order to cease and desist, includ-
ing further order requiring report of
.compliance therewith, is as follows:
L It is ordered, That respondents
General Sales Corp. and Farmers Quality
Meats, Inc., corporations, and Raymond
Barlow, individually and as an officer
and director of said corporations, and
Willard L. Gettle, Jr., individually and
as an officer and director of Farmers
Quality Meats, Inc., and as a director
of General Sales Corp., and respondents'
agents, representatives, and employees,
directly or through any corporate or
other device in connection with the ad-
vertising, offering for sale, sale, or dis-
tribution of beef or meat products in
commerce as "commerce" is defined In
the Federal Trade Commission Act,, do
forthwith cease and desist from:
A. Disseminating, or causing the dis-
semination of any advertisement by any
means in commerce, as "commerce" is
defined in the Federal Trade Commission
Act, or by means of the U.S. malls, which
advertisement:
1. Includes an offer of beef which has
not been graded as to quality without
disclosing conspicuously, that the meat
which is offered for sale is ungraded; or
2. Misrepresents in any material man-
ner the grade of any beef or other meat
product.
B. Disseminating, or causing the dis-
semination of any advertisement by any
means in commerce, as "commerce" Is
defined in the Federal Trade Commis-
sion Act, or by means of the U.S. malls,
which advertisement reprpsents directly
or by implication:
1. That any such products are offered
for sale when such offer is not a bona
fide offer to sell such products at the
price or prices stated.
2. That any products are offered for
sale when the purpose of such repre-
sentations is not to sell the offered prod-
ucts but to obtain prospects for the sale
of other merchandise at higher prices,
all as generally described in paragraphs
4,5, and 6 of the complaint.
19683
C. Disseminating, or causing the dis-
semination of any advertisement by any
means in commerce, as "commerce" is
defined in the Federal Trade Commission
Act, or by means of the U.S. malls in
which beef is advertised or sold by gros
weight, without dL~closing conspicuously:
1. The average percentage of weight
loss as the result of fat trim, bone, and
shrink loss for each yield grade of beef
as determined by the US. Department
of Agriculture; and
2. That said beef is being sold at a
gross weight and will have a weight loss
as a result of fat trim, bone" and shrink
loss.
D. Discouraging the purchase of, or
disparaging in any manner, any prod-
ucts which are advertised or offered for
sale in advertisements disseminated, or
caused to be disseminated, by respond-
ents, in commerce, as "commerce" is
defined in the Federal Trade Commis-
sion Act, or by means of the US. mai.
E. Misrepresenting in any manner the
beef or meat products available for pur-
chase at respondents' place of business.
F. Disseminating, or causing to be
disseminated, any advertisement by any
means, for the purpose of inducing, or
which is likely to induce, directly or in-
directly, the purchase of respondents!
products In commerce, as "commerce" is
defined in the Federal Trade Commis-
sion Act, which advertisement contains
any of the representations or misrepre-
sentations prohibited in paragraphs A,
B, or C, above.
G. Failing to incorporate the follow-
ing statement on the face of all con-
tracts executed by respondents' cus-
tomers with such conspicuousness and
clarity as is likely to be observed, read
and understood by the purchaser:
Izoro Aur NOzce
If you are obtaining credit In connection
with this contract, you will be required to
alga a promissory note. This note may be
purchased by a bank, finance company, or
any third party. If It is purchased by an-
other party, you will be required to make
your payments to be purchaser of the note.
You should be aware that if this happens
you may have to pay the note In full to
the new owner of the note even if this
contract Is not fulfilled.
II. It is further ordered, That respond-
ents General Sales Corp. and Farmers
Quality Meats, Inc., corporations, and
Raymond Barlow, Individually and as an
officer and director of said corporations,_
and Willard L, Gette. Jr., individually
and as an officer and director of Farmers
Quality Meats, Inc.. and as a director of
General Sales Corp., and respondents'
agents, representatives, and employees,
directly or through any corporate or
other device in connection with any ex-
tension of consumer credit or any ad-
vertisement to aid, assist, or promote
directly or indirectly any extension of
consumer credit, as "consumer credit"
and, "advertisement" are defined in
Regulation Z (12 CFR Part 226) of the
Truth in Lending Act (Public Law 90-321,
15 U.S.C. 1601 et seq.), do forthwith
cease and desist from:
A. Representing, directly or by implica-
tion, in any advertisement as "adver-
tisement" is defined in Regulation Z, the
 19684 RULES AND REGULATIONS
amount of the down payment required, nections or arrangements with others;
or that no down payment is required, the 13.15-278 Time in business; 13.45
amount of any installment payment, the Content; 13.70 Fictitious or mislead-
dollar amount of any finance charge, the ing guarantees; 13.235 Source or ori-
number df installments or the period of gin: 13.235-60 Place: 13.235-60(a) Do-
repayment, or that there is no charge for mestic products as imported. Subpart-
the credit, unless all of the following Furnishing means and instrumentalities
items are stated in terminology pre- of misrepresentation or deception.
scribed under 226.8 of Regulation Z: 13.1055 Furnishing means and instru-
1. The cash price; mentalities of misrepresentation or de-
2. The amount of the down payment ception. Subpart-Using misleading
required or that no down payment is re- name-Vendor: 13.2370 Connections
quired, as applicable; and arrangements with others.
3. The number, amount, and due dates (Sec. 6. 38 Stat. 721; 15 U.S.C. 46. Interprets
of period of payments scheduled to repay or applies sec. 5, 38 Stat. 719, as amended;
the indebtedness if the credit is extended; 15 U.S.C. 45) [Cease and desist order, Ha-
4. The amount of the finance charge bana Cigar Corp., Inc., et al., Newport, Ky.,
expressed as an Annual Percentage Rate; Docket No. C-2022, Sept. 2, 19711
and In the Matter of Habana Cigar Corp.,
5. The deferred payment price. Inc., a Corporation, and James J.
B. Failing In any consumer credit Mathews, Individually and as an
transaction or advertisement to make all Officer of Said Corporation
disclosures determined in accordance
with 226.4 and 226.5 of Regulation Z Consent order requiring a Newport,
in the manner, form, and amount re- Ky., manufacturer and seller of cigars
and tobacco products both at wholesale
quired by 226.7, 226.8, 226.9, 226.10 of
Regulation Z. and retail to cease using the terms "Ha-
It is further ordered, That the re- vana" or other words implying its to-
spondents herein shall, within sixty (60) bacco products are made from tobacco
days after service upon them of this grown on the Island of Cuba, misrepre-
order, file with the Commission a report senting that it has been in business since
in writing setting forth in detail the man- 1894 or that it is owned by a Cuban-
ner and form in which they have com- named individual, and falsely guarantee-
plied with this order. ing its products.
It is further ordered, That respond- The order to cease and desist, includ-
ents notify the Commission at least thirty ing further order requiring report of
(30) days prior to any proposed change compliance therewith, is as follows:
in any of the corporate respondents such It is ordered,That respondents Habana
as dissolution, assignment or sale re- Cigar Corp., Inc., a corporation, and its
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
of subsidiaries or any other change in the and respondents' representatives, agents,
corporations, or any of them, which may and employees, directly or through any
affect compliance obligations arising out corporate or other device, in connection
of this order. with the advertising, offering for sale,
It is further ordered, That the re- sale or distribution of cigars or other
spondents shall forthwith distribute a products, in commerce, as "commerce"
copy of this order to each of their re- is defined in the Federal Trade Com-
spective operating divisions. mission Act, do forthwith cease and de-
It is further ordered, That respond- sist from:
ents deliver a copy of this order to cease 1. Using the word "Habana" or any
and desist to all present and future per- other word of similar import or mean-
sonnel of respondents engaged in the ing in or as a part of respondents'
offering for sale, or sale, of any product,trade or corporate name; or represent-
or in the consummation of any extension ing, directly'or by implication, that re-
of consumer credit, or in any aspect of spondents' place of business is located
preparation, creation, or placing of ad- on the island of Cuba; or misrepresent-
vertising, and that respondents secure a ing, in any manner, the place or loca-
signed statement acknowledging receipt tion of any of respondents' business op-
of said order from each person. erations or its connection or affiliation
with any foreign business operations.
Issued: September 3, 1971. 2. Using the term "Habana" or any
By the Commission. other term or terms indicative of tobacco
[SEAL] CHARLES A. TOBIN, grown on the island of Cuba, either
alone or in conjunction with any other
Secretary. terms, to describe, designate, or in any
[FR Doc.71-14814 Filed 10-8-71;8:46 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
substantial amount of tobacco grown on
PART 13-PROHIBITED TRADE the island of' Cuba may be described,
PRACTICES designated, or referred to as "blended
with Havana," or by any term of simi-
Habana 'Cigar Corp., Inc., and lar import or meaning: Provided, That
James J. Mathews the words "blended with" or other quali-
fying word or words, are set out in im-
Subpart-Advertising falsely or mis- mediate conjunction
leadingly: 13.15 Business status, ad- the word "Havana" oror connection with
other term indica-
vantages, or connections: 13.15-30 Con- tive of tobacco
grown on the island of
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
Cuba, in letters of equal size and
conspicuousness.
3. Misrepresenting, in any manner, the
origin or source of respondents' products
or any part or portion thereof.
4. Representing, directly or by impli-
cation, that corporate respondent has
been in the business of manufacturing
and selling cigars since 1894, or has been
owned and operated by three generations
of a Cuban family; or misrepresenting, In
any manner, the age or founders of any
of respondents' businesses.
5. Representing, directly or by Impli-
cation, that corporate respondent Is
owned and operated by a person named
Juan Hernandez; or falsely representing
in any manner the identity of the person
or persons, firm, or corporation, that
owns, operates, or controls respondents'
business operations.
6. Representing, directly or by Impli-
cation, that any of respondents' products
are guaranteed unless the nature and
extent of the guarantee, the Identity of
the guarantor and the manner In which
the guarantor will perform thereunder
are clearly and conspicuously disclosed
in immediate conjunction therewith; and
the respondents do, in fact, promptly
fulfill all of their obligations arising
under the directly or Impliedly repre-
sented terms of such guarantees.
7. Placing In the hands of retailers,
dealers, or others, the means or instru-
mentalities by or through which they
may mislead or deceive the public in the
manner, or as to the things prohibited
by this order.
It is further ordered, That respondent
corporation shall forthwith distribute a
copy of this order to each of Its operating
divisions.
It is further ordered, That respondent
corporation notify the Commission at
least thirty (30) days prior to any pro-
posed change in its corporate structure
such as dissolution, assignment, or sale
resulting in the emergence of a successor
corporation, the creation or dissolution
of subsidiaries, or any other change In
the corporation which may affect compli-
ance obligations arising out of this order.
It is further ordered,That respondents
herein shall, within sixty (60) days after
service upon them of this order, file with
the Commission a report in writing set-
ting forth in detail the manner and form
of'their compliance with this order.
Issued: September 2,1971.
By the Commission.
[SEAL] CHARLES A. Toanw,
Secretary.
[FR Doc.71-14815 Filed 10-8-71,8.40 am]
[Docket No. C-20111
PART 13-PROHIBITED TRADE
PRACTICES
Hillman Jewelers, Inc., et al.
Subpart--Advertising falsely or mis-
leadingly: 13.71 Financing: 13.71-10
Truth in Lending Act; 13.73 Formal
regulatory and statutory requirements:
13.73-92 Truth in Lending Act; 13.155

Prices: 13.155-95 Terms and condi-
tions: 13.155-95(a) Truth in Lending
Act. Subpart-Misrepresenting oneself
and goods-Goods: 13.1623 Formal
regulatory and statutory requirements:
13.1623-95 Truth in Lending Act; Mis-
representing oneself and goods-Prices:
13.1823 Terms and conditions: 13.-
1823-20 Truth in Lending Act. Sub-
part-Neglecting, unfairly or deceptively,
to make material disclosure: 13.1852
Formal regulatory and statutory re-
quirements: 13.1852-75 Truth in Lend-
ing Act; 13.1905 Terms and condi-
tions: 13.1905-60 Truthin Lending Act.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret
or apply see. 5, 38 Stat. 719, as amended, 82
Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease
and desist order, Hiliman Jewelers, Inc., et al.,
Terre Haute, Ind., Docket No. C--2017, Aug. 24,
1971]
In the Matter of Hillman Jewelers, Inc.,
a Corporation, Hiliman's of "Vin-
cennes, Inc., a Corporation, Hill-
man's of Greencastle,Inc., a Corpo-
ration, Hillman's of Crawfordsville,
Inc:, a Corporation, Hiliman's of
Meadows Center,Inc., a Corporation,
Hillman's of Honey Creek Square,
Inc., a Corporation, Allen Felstein
and John Thompson, Individually
and as Officers of Said Corporation
Consent order requiring six retail
jewelry firms in four Indiana cities en-
gaged in advertising and selling watches,
jewelry, diamonds, and other merchan-
dise at retail to cease violating the Truth
in Lending Act by failing to use on their
installment contracts the terms: Cash
downpayment, trade-in, total downpay-
ment, unpaid balance of cash price,
amount financed, finance charge, de-
ferred payment price, and other terms
and conditions required by Regulation Z
The Act.
.of'said order to cease and desist, includ-
ing further order requiring report of
compliance therewith, isas follows:
It is ordered, That respondents Hill-
man Jewelers, Inc., a.corporation, Hill-
man's of Vincennes, Inc., a corporation,
Hillman's of Greencastle, Inc., a corpora-
tion, Hillman's of Crawfordsville, Inc., a
corporation, Hillman's of Meadows Cen-
ter, Inc., a corporation, Hillman's of
Honey Creek Square, Inc., a corporation,
and their officers, and Allen Felstein and
John Thompson, individually and as
officers of said corporations, and re-
spondents' agents, representatives, "and
employees, directly or through any cor-
porate or other device, in connection
with any extension of consumer credit
or any advertisement to aid, promote,
or assist directly or indirectly any exten-
sion of consumer credit, as "consumer
credit" and "advertisement" are defined
in Regulation Z (12 CFR Part 226) of
the Truth in Lending Act (Public Law
90-321, 15 U.S.C. 1601 et seq.), do forth-
with cease and desist from:
1. Failing to disclose the amount of
any cash downpayment or failing to de-
scribe such amount as the "cash down-
payment", as required. by 226.8(c) (2)
of Reaulation Z.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
2. Failing to disclose the amount of
downpayment in property or falling to
describe that amount as the "trade-in",
as required by 226.8(c) (2) of Regula-
tion Z.
3. Failing to disclose the sum of the
"cash downpayment" and the "trade-in".
or failing to describe that sum as the
"total downpayment", as required by
226.8(c) (2) of Regulation Z.
4. Failing to disclose the difference be-
tween the "cash price" and the "total
downpayment", or failing to describe
that difference as the "unpaid balance of
cash price", as required by 226.8(c) (3)
of Regulation Z.
5. Failing to disclose the amount of
credit as defined in 226.2(d) of Regula-
tion Z of which the customer will have
the actual use or failing to disclose that
amount as the "amount financed", as
required by 226.8(c) (7) of Regula-
tion Z.
6. Failing to disclose the amount of
the "finance charge", determined in ac-
cordance with 226.4 of Regulation Z,
or failing to describe that amount as the
"finance charge", as required by
226.8 (c) (8) (1) of Regulation Z.
7. Failing to use the term "deferred
payment price" to describe the sum of
the "cash price", the "finance charge",
and all other charges which are not part
of the finance charge but are included in
.the "amount financed", as required by
226.8(c) (8) (11) of RegulationZ.
8. Failing to accurately disclose the
"annual percentage rate", computed to International Safe-T-Trac, Inc., et al.
the nearest one quarter of one percent in
accordance with 226.5 of Regulation Z,
or failing to describe that rate as the
"annual percentage rate", as required by
226.8(b) (2) of RegulationZ.
9. Failing to disclose the date the
finance charge begins to accrue if dif-
ferent from the date of the transaction,
as required by 226.8(b) (1) of Regula-
tion Z.
10. Failing to disclose the number of
payments scheduled to repay the indebt-
edness, as required by 226.8(b) (3) of
Regulation Z.
11. Failing to disclose the sum of the
payments scheduled to repay the indebt-
edness, or failing to describe that sum
as the "total of payments", as required
by 226.8(b) (3) of RegulationZ.
12. Failing to Identify the method of
computing any unearned portion of the
finance charge in the event of prepay-
ment of the obligation or failing to pro-
vide a statement of the amount or
method of computation of any charge
that may be deducted from the amount
of any rebate of such unearned finance
charge that will be credited to the obliga-
tion or refunded to the customer, as re-
quired by 226.8(b) (7) of Regulation Z.
13. Failing, in any consumer credit
transaction or advertisement, to make
all disclosures, determined in accord-
ance with 226.4 and 226.5 of Regula-
tion Z, in the manner, form, and amount
required by 226.6, 226.7, 226.8, 226.9,
and 226.10 of Regulation Z.
It is further ordered, That respondents
shall deliver a copy of this order to cease
19685
and desist to all present and future sales-
men or other persons engaged in the
offering for sale and sale of respondents'
products or services, and shall secure
from each salesman or other person a
signed statement acknowledging receipt
of said order.
It is further ordered,That respondents
notify the Commission at least thirty
(30) days prior to any proposed change
in respondents' business, such as assign-
ment or sale resulting in the emergence
of a successor business, corporate or
otherwise, the creation of subsidiaries,
or any other change which may affect
compliance obligations arising out of the
order.
Itis furtherordered,That the respond-
ents herein shall, within sixty (60) days
after service upon them of this order, file
with the Commission a report, in writ-
ing, setting forth In detail the manner
and form in which they have complied
with this order.
Issued: August 24,1971.
By the Commission.
[SEAL] CHARLrs A. ToBn;,
Seretary.
IFR Dc.71-1481B Filed 10-8-71;8:46 aml
pDocket o. 183
PART 13-PROHIBITED TRADE
- PRACTICES
Subpart-Advertising falsely or mis-
leadingly: 13.70 Fictitious or mislead
guarantees; 13.195 Safety: 13.195-60
Product; 13.210 Scientific test. Sub-
part-Misrepresenting oneself and
goods-Goods: 13.1647 Guarantees;
13.1730 Results; 13.1762 Test, pur-
ported. Subpart-Neglecting, unfairly or
deceptively, to make material disclosure:
13.1892 Sale contract, right-to-cancel
provision. Subpart-Securing agents or
representatives by misrepresentation:
13.2130 Earnings. Subpart-Using
misleading name-Vendor: 13.2450
Products.
(See. 6. 38 Stat. 721; 15 U.S.C. 46. Interprets
or appli3 cec. 5, 38 Stat. 719, as amended:
15 U.S.C. 45) ICea.e and desLt order, Inter-
national Safe-T-Trac. Inc.. et al.. Cincinnati,
Ohio, Docket No. 8823. Sept. 1, 19711
In the Matter of International Safe-T-
Trac, Inc., a Corporation, and Joey
H. Sandow, and Barney L. Sandow,
Individually and as Officers of the
Said Corporation
Consent order requiring a Cincinnati,
Ohio, seller and distributor of Safe-T-
Trac, auto stabilizers, to distributors and
to the public to cease misrepresenting
that its device.will prevent skidding, help
save lives, and functions as a shock ab-
sorber, that claims made for the device
have been substantiated by scientific
tests, and falsely guaranteeing its prod-
uct; the respondent will further cease to
use its-multilevel marketing program to
secure distributors for its product with-
out informing them in full in writing of
19686
all facets of the program, and include a
provision for cancellation of contracts
within 3 days.
The order to cease and desist, includ-
ing further order requiring report of
compliance therewith, Is as follows:
It is ordered, That respondents Inter-
national Safe-T-Trac, Inc., a corpora-
tion, and its officers, and Joey H. Sandow
and Barney L. Sandow, individually and
as officers of said corporation, and re-
spondents' agents, representatives, and
employees, directly or through any cor-
porate or other device, in connection with
the advertising, offering for sale, sale or
distribution in commerce, as "commerce"
Is defined in the Federal Trade Com-
mission Act, of the device designated
Safe-T-Trac or any other device of sub-
stantially the same construction, design
or operation, do forthwith cease and de-
sist from:
1. Representing, directly or by implica-
tion, that said device when installed or
used in any manner In the operation of a
motor vehicle:
(a) Is an effective safety device.
(b) Is an antiskid device, will increase
traction, help prevent skidding, spinouts,
or decrease swerving, flshtailing or
vibration.
(c) Will help save lives.
(d) Will automatically help pull the
rear end of a skidding car into line, give
the driver added control, or help keep the
automobile going straight.
(e)Functions as a shock absorber, or
as an equalizing force, or irons out the
bumps with horizontal and vertical
momentum.
(f) Counteracts the sudden lateral
movement normally caused by panic
stops, high speed blowouts or sharp gusts
of wind.
2. Using the trade name ;Safe-T-
Trac" or any other word, term or phrase
of similar import or meaning to describe
or refer to said device.
3. Repesenting, directly or by implica-
tion, that performance representations
of said device have been substantiated
by competent scientific tests or by au-
thenticated, controlled and duly recorded
tests; or falsely representing, in any
manner, the extent, kind, character or
results of any scientific tests performed
on -any of said products.
4. Misrepresenting, in any manner, the
performance or functioning of said device
or the safety to human life provided by
any automotive devices.
5. Representing, directly or by hnpli-
cation, that any products are "uncondi-
tionally guaranteed" unless there are in
fact no terms, conditions or limitations
attached thereto; or that any products
are guaranteed in any manner without
clearly and conspicuously setting out in
immediate connection therewith the na-
ture and extent of the guarantee, the
Identity of the guarantor and the man-
ner in which the guarantor will perform
thereunder.
It is further ordered, That respondents
International Safe-T-Trac, Inc., a cor-
poration, and its officers, and Joey H.
Sandow and Barney L. Sandow, individu-
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
ally and as officers of said corporation,
and respondents' agents, representatives,
and employees, directly or through any
corporate or other device, in connection
with the advertising, offering for sale,
sale or distribution of any products or of
distributorships, franchises, licenses or
marketing agreements with respect
thereto, in commerce, as "commerce" is
defined in the Federal Trade Commis-
sion Act, do forthwith cease and desist-
from directly or indirectly:
1. Operating or participating in the
operation 'of any multilevel marketing
program wherein the financial gains to
the participants are dependent in any
manner upon the continued, successive
recruitment of other participants.
2. Offering to pay, paying or authoriz-
ing the payment of any finder's fee,
bonus, override, commission, cross-com-
mission, discount, rebate, dividend or
other consideration to any participant in
respondents' multilevel marketing pro-
gram for the solicitation or recruitment
of other participants therein.
3. Offering to pay, paying or authoriz-
ing payment of any bonus, override, com-
mission, cross-ccmmission, discount, re-
bate, dividend or other consideration to
any person, firm or corporation in con-
nection with the sale of said products, or
distributorships under respondents' mul-
tilevel marketing program unless such
person, firm or corporation performs a
bona fide and essential supervisory, dis-
tributive, selling or soliciting function
in the sale and delivery of such products
to the ultimate consumer.
4. Requiring prospective participants
or participants in said program to pur-
chase said products or pay any consider-
ation, other than payment for necessary
sales materials, in order to participate
in any manner therein.
5. Using any multilevel marketing
program, either directly or indirectly:
(a) Wherein any finder's fee, bonus,
override, commission, cross-commission,
discount, rebate, dividend or other com-
pensation or profit inuring to partici-
pants therein is dependent on the ele-
ment of chance dominating over the skill
or judgment of the participants; or
(b) Wherein no amount of judgment
or skill exercised by the participant has
any appreciable effect upon any finder's
fee, bonus, override, commission, cross-
commission, discount, rebate, dividend or
other compensation or profits which the
participant may receive; cT
(c) Wherein the participant is with-
out that degree of control over the opera-
tion of such -plan as to enable him sub-
stantially to effect the amount of any
finder's fee, bonus, override, commission,
cross-commission, discount, rebate, divi-
dend or other compensation or profit
which he may receive or be entitled to
receive.
6. Using any multilevel marketing pro-
gram which fails to:
(a) Inform orally all participants in
respondents' multilevel marketing pro-
gram and to provide in writing in all con-
tracts of participation that the contract
may be canceled for any reason by noti-
fication to respondents In writing within
three (3) business days from the date
of execution of such contract.
(b) Refund immediately all monies to
(1) customers who have requested con-
tract cancellation In writing within three
(3) business days from the execution
thereof, and (2) customers showing that
respondents' contract solicitations or per-
formance were attended by or involved
violation of any of the provisions of this
order; provided, however, that subpart
(2) hereof shall not apply to such con-
tracts entered into before the date of
this order, nor shall the payments of
refunds hereunder be construed as an
admission that this order or any part
thereof has been violated.
7. Representing, directly or by impil-
cation, that participants In any multi.
level marketing program will 'earn or re-
ceive any stated or gross or net amount
of earnings or profits; or representing,
in any manner, the past earnings of par-
ticipants unless in fact the past earn-
ings represented are those of a substan-
tial number of participants in the com-
munity or geographical area in which
such representations are made and ac-
curately reflect the average earnings of
these participants under circumstances
similar to those of the participant to
whom the representation Is made.
8. Representing, directly or by Impli-
cation, that It is not difficult for partici-
pants to recruit or retain persons to in-
vest in any multilevel marketing program
as distributors or as sales personnel to
sell said products.
9. Failing to deliver a copy of this or-
der to cease and desist to all present and
future distributors, salesmen or other
persons engaged in the sale or distribu-
tion of any products through the use of a
multilevel marketing program, and scour-
ing from each such distributor, salesman
or other person similarly Involved a
signed statement acknowledging receipt
of said order.
It is further ordered, That respondents
notify the Commission at least thirty
(30) days prior to any proposed change
in the corporate resuondent, such as dis-
solution, assignment or sale resulting In
the emergence of a successor corpora-
tion, the creation or dissolution of sub-
sidiaries or any other change In the cor-
poration which may affect compliance
obligations arising out of this order.
It is further ordered,That the respond-
ent corporation shall forthwith distribute
a copy of this order to each of its operat-
ing divisions.
It is furtherordered, That the respond-
ents herein shall within sixty (60) days
after service upon them of this order, file
with the Commission a report, in writing,
setting forth In detail tie manner and
form In which they have complied with
this order.
Issued: September 1, 1971.
By the Commission.
(SEAL] CHARLES A, ToaIN,
Secretary,
[FR Doc.71-14817 Filed 10-8-71,8:40 am]
 RULES AND REGULATIONS , 19687

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

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

19688
the emergence of a successor corpora-
tion, the creation or dissolutiol of sub-
sidiaries or any other change in the cor-
poration which may -affect compliance
obligations arising out of the order.
It is furtherordered,That the respond-
ents herein either process the fabric
which gave rise to this complaint so as
to bring them within the applicable
standards of the. Flammable Fabrics
Act, as amended or destroy said fabric.
It is further ordered,That the respond-
ents shall maintain complete and ade-
quate records concerning all fabrics
subject to the Flammable Fabrics Act,
as amended, which are sold or distributed
by them.
It is further ordered,That the respond-
ent corporation shall forthwith distribute
a copy of this order to each of its operat-
ing divisions.
It is furtherordered,That the respond-
ents herein shall within sixty (60) days
after service 'upon them cf this order,
file with the Commission a report in
writing setting forth in detail the man-
ner and form in which they have com-
plied with this order.
Issued: September 8, 1971.
By the Commission.
[SEAL] CHARLES A. TOBIu,
Secretary.
(FR Doc.71-14818 Filed 10-8-71;8:46 am)
[Docket No. -20351
PART 13-PROHIBITED TRADE
PRACTICES
Kauffman Bros. et al.
Subpart--Importing, selling, or trans-
porting flammable wear: 13.1060 Im-
porting, selling, or transporting flam-
mable wear.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret
or apply sec. 5, 38 Stat. 719, as amended,
67 Stat. 111, as amended; 15 U.S.C. 45, 1191)
[Cease and desist order, Kauffman Bros.-
et al., Philadelphia, Pa., Docket No. -2035,
Sept. 8, 19711
In the Matter of Kauffman Bros., a Part-
nership, and Bernard Kauffman,
Leonard Kauffman, and Albert
Kauffman, Individually and as Co-
partners Tradingas Kauffman Bros.
Consent order requiring a Philadelphia,
Pa., partnership selling and distributing
wearing apparel, including women's
scarves, to cease violating the Flam-
mable Fabrics Act by importing and sell-
ing any fabric which fails to conform to
the standards of said Act.
The order to cease and aesist, includ-
ing further order requiring report of
compliance therewith, is as follows:
It is ordered, That respondent Kauff-
man Bros., , partnership, and respond-
ents Bernard Kauffman, Leonard Kauff-
man, and Albert Kauffman, individually
and as copartners trading as Kauffman
Bros. or under any other name, and re-
spondents' representatives, agents, and
employees, directly or through any cor-
porate or other device, do forthwith cease
and desist from manufacturing for sale,
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
selling, or offering for sale, in commerce,
or importing into the United States, or
introducing, delivering for introduction,
transporting or causing to be trans-
ported, in commerce, or selling or deliv-
ering after sale or shipment in com-
merce, any product, fabric, or related
material; or manufacturing for sale, sell-
ing or offering for sale any product made
of fabric or related material which has
been shipped or received in commerce,
as "commerce", "prdduct', "fabric", or
"related material" are defined in the
Flamnnable Fabrics Act, as amended,
which product, fabric, or related mate-
rfal fails to conform to an applicable
standard or regulation continued in
effect, issued or amended under the pro-
visions of the aforesaid Act.
It is furtherordered, That respondents
n6tify all of their customers who have
purchased or to whom have been de-
livered the products which gave rise to
this .complaint of the flammable nature
of said products, and effect recall of said
products from such customers.
It is further ordered, That the re-
spondents herein either process the
products which gave rise to the com-
plaint so as to bring them into con-
formance with the applicable standard
of flammability under the Flammable
Fabrics Act, as amended, or destroy said
products.
It is further ordered, That the respond-
ents herein shall, within ten (10) days
after service upon them of this order, file
with the Commission a special report in
writing setting forth the respondents' in-
tentions as to compliance with this
order. This special report shall also ad-
vise the Commission fully and specifi-
cally concerning (1) the identity of the
products which gave rise to the com-
plaint, (2) the number of said products
in inventory, (3) any action taken and
any further actions proposed to be taken
to notify customers of the flammability
of said products and effect the recall of
said products from customers, and of the
results thereof, (4) any disposition of
said products since August 21, 1970, and
(5) any action taken or proposed to be
taken to bring said products into con-
formance with the applicable standard
of flammability under the Flammable
Fabrics Act, as amended, or destroy said
products, and the results of such action.
Such report shall further inform the
Commission as to whether or not re-
spondents have in inventory any prod-
uct, fabric, or related material having
a plain surface and made of paper, silk,
rayon and acetate, nylon and acetate,
rayon, cotton or any other material or
combinations thereof in a weight of 2
ounces or less per square yard, or any
product, fabric, or related material hav-
ing a raised fiber surface. Respondents
shall submit samples of not less than 1
square yard in size of any such product,
fabric, or related material with this
report.
It is further ordered, That the re-
spondents herein shall, within sixty (60)
days after service upon them of this
order, file with the Commission a report
in writing setting forth in detail the
manner and form in which they have
complied with this order.
Issued: September 8, 1971.
By the Commission,
(SEAL] CHAILS A. Towiu,
Sceretarj.
IFE Doc.71-14819 Filed 10-8-71:8:40 a I l
IDocket No. C-20331
PART 13-PROHIBITED TRADE
PRACTICES
Alfred Laufer and Pacific Notion Co,
Subpart-Importing, selling, or trans-
porting flammable wear: 13.1060 Im-
porting, selling, or transporting flam-
mable wear.
(See. 6, 38 Stat. 721: 15 U.S.O. 40. Interpret
or apply sec. 5, 38 Stat. 710, as amended, 67
Stat. 111, as amended; 15 U.SC. 45, 1191)
[Cease and desist order, Alfred Iaufer ob al.,
San Prancisco, Calif., Docket N1o. C-2033,
Sept. 8, 19711
In the Matter of Alfred Laufer, an In-
dividual Doing Business as Pac/ic
Notion Co.
Consent order requiring a San fran-
cisco, Calif., individual selling and dis-
tributing wearing apparel, including
ladies' scarves, to cease violating the
Flammable Fabrics Act by Importing or
selling any fabric which fails to conform
to the standards of said Act.
The order to cease and desst, includ-
ing further order requiring report of
compliance therewith, Is as follows:
It is ordered, That respondent Alfred
Laufer, individually, and doing business
as Pacific Notion Co., or under any other
name, and respondent's representatives,
agents, and employees, directly or
through any corporate or other device, do
forthwith cease and desist from selling,
offering for sale, in commerce, or import-
ing into the United States, or introduc-
ing, delivering for introduction, trans-
porting or causing to be transported In
commerce, or selling or delivering after
sale or shipment in commerce; any prod-
uct, fabric, or related material; or sell-
ing or offering for sale any product made
of fabric or related material which has
been shipped or received In commerce,
as "commerce", "product", "fabric" and
"related material" are defined In the
Flammable Fabrics Act, as' amended,
which product, fabric or related material
fails to conform to any applicable stand-
ard or regulation issued, amended or
continued in effect, under the provisions
of the aforesaid Act.
It is further ordered, That respondent
notify all of his custolners who have pur-
chased or to whom have been delivered
the products which gave rise to the com-
plaint, of the flammable nature of said
products and effect the recall of said
products fron such customers.
it is further ordered, That the respond-
ent herein either process the products
which gave rise to the complaint so as
to bring them into conformance with the
applicable standard of flammability
under the Flammable Fabrics Act, as
amended, or destroy said products.

It is furtherordered,That the respond-
ent herein shall, within ten (10) days
after service upon him of this order, file
with the Commission a special repeort in
writing setting forth the respondents
intentions as to compliance with this
order. This special report shall also
advise the Commission fully and specifi-
cally concerning (1) the identity of the
products which gave rise to the com-
plaint, (2) the number of said products
in inventory, (3) any action taken and
any further actions proposed to be taken
to notify customers of the flammability
of said products and effect the recall of
said products from customers, and of the
results thereof, (4) any disposition of
said products since October 16, 1969, and
(5) any action taken or proposed to be
taken to bring said products into con-
formance with the applicable standard
of flammability under the Flammable
Fabrics Act, as amended, or destroy said
products, and the results of such action.
Such report shall further inform the
Commission as to whether or not re-
spondent has in inventory any product,
fabric, or related material having a plain
surface and made of paper, silk, rayon,
and acetate, nylon and acetate, rayon,
cotton or any other -materialor combina-
tions thereof in a weight of 2 ounces or
less per square yard, or any product,
fabric or related material having a raised
fiber surface. Respondent .shall 'submit
samples of not less than 1 squarp-yard in
size of any such product, fabric, or
related material with this report, or a
sample of a complete product if said
product is less than one squard yard.
It is further ordered, That respondent
herein shall, within sixty (60) days after
service upon him of this order, file with
the Commission a report, in writing,
setting forth in detail the manner and
forii in which he has complied with this
order.
Issued: September 8,1971.
By the Commission.
-[SnLI CHARLES A. TOMN,
Secretary.
[FR Doc.71-14820 Filed 10-8-71;8:46 am]
[Docket No. C-2029 ]
PART 13-PROHIBITED TRADE
PRACTICES
Leisure Industries, Inc., et al.
Subpart-Advertising falsely or mis-
leadingly: 13.71 Financing: 13.71-10
Truth in Lending Act; 13.73 Formal
regulatory and statutory requirements:
13.73-92 Truth in Lending Act; 13.-
155 Prices: 13.155-95 Terms and con-
ditions: 13.155-95(a) Truth in Lending
Act. Subpart-Misrepresenting oneself
and goods-Goods: 13.1623 Formal
regulatory and statutory requiremqnts:
13.1623-95 Truth in Lending Act; Sub-
part--Msrepresenting oneself and
goods-Prices: 13.1823 Terms and
conditions: 13.1823-20 Truth in Lend-
ing Act. Subpart-Neglecting, unfairly
or deceptively, to make material disclo-
sure: 13.1852 Formal regulatory and
FEDERAL REGISTER, VOL 36, NO. 197-SAURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
statutory requirements: 13.1852-75
Truth in Lending Act; 13.1905 Terms
and conditions: 13.1905-60 Truth in
Lending Act.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret
or apply sec. 5, 38 Stat. 719, as amended, 82
Stat. 146, 147; 15 U.S.C. 45, 1601-1;05) iCac
and desist order, Leisure Industries, Inc.,
et al.. Alturas, Calif., Docket No. C-2029,
Sept. 7, 19711
In the Matter of Leisure Industries,Inc.,
Doing Business as California Pines
Recreational Estates, and Land Re-
searchers,Inc., and Arthur W. Carls-
berg, Individually and as an Officer
of Leisure Industries,Inc.
Consent order requiring an Alturas,
Calif., seller of unimproved real estate
to cease violating the Truth In Lending
Act by failing to state in Its advertise-
ments in prescribed terminology the cash
price, the amount of the downpayment,
the schedule of repayments, the annual
percentage rate, the deferred payment
price, the unpaid balance of cash price,
and failing to make all other disclosures
required by Regulation Z of said Act.
The order to cease and desist, includ-
ing further order requiring report of
compliance therewith, is as follows: ,
It is ordered, That respondents Leisure
Industries, Inc., Land Researchers, Inc.,
and their officers, and Arthur W. Carls-
berg, individually and as an officer of
Leisure Industries, Inc.. and respondents'
agents, representatives and employees,
directly or through any corporate or
other device, in connection with arrange-
ment or extension of consumer credit or
any advertisement to aid, promote or as-
sist directly or indirectly any arrange-
ment or extension of consumer credit, as
"consumer credit" and "advertisement"
are defined in Regulation Z (12 CFR Part
226) of the Truth in Lending Act (Public
Law 90-321, 15 U.S.C. 1601 et seq.), do
forthwith cease and desist from:
1. Causing to be disseminated to the
public in any manner whatsoever any
advertisement to aid, promote or assist
directly or indirectly any extension of
consumer credit, which advertisement
states, directly or by implication, the
amount of the downpayment required
or that no downpayment is required, the
amount of any installment payment, the
dollar amount of any finance charge,
the number of installments or the period
of repayment, or that there is no charge
for credit, unless It states all of the fol-
lowing items in terminology prescribed
under 226.8 of Regulation Z, as re-
quired by 226.10(d) (2) of RegulationZ:
(1) The cash price;
(2) The amount of the downpayment
required or that no down-payment is
required, as applicable;
(3) The number, amount, and due
dates or period of payments scheduled
to repay the indebtedness if the credit is
extended;
(4) The amount of the finance charge
expressed as an annual percentage rate;
and
(5) The deferred payment price.
2. Failing to make all the disclosures
required by 226.10(d) of Regulation Z
clearly, conspicuously, and in a mean-
19689
ingful manner as requlred by 226.6(a)
of Regulation Z.
3. Failing in any credit sale to accu-
rately disclose the amount of the "cash
price" as required by 226.8(c) (1) and
226.8(o) (7) of Regulation Z.
4. Failing in any credit sale to accu-
rately disclose the amount of the "un-
paid balance of cash price" as required
by 226.8(c) (3) of Regulation Z.
5. Falling In any credit sale to accu-
rately disclose the "amount financed"
as required by 226.8(c) (7) of Regu-
lation Z.
6, Failing In any credit sale to accu-
rately dscl6se the amount of the "fi-
nance charge" as it is required to be
computed and disclosed by 226.4, 226.8
(c) (8) (1), and 226.8(o) (7) of Regulation
Z.
7. Failing to disclose the "annual per-
centage rate" accurately to the nearest.
quarter of 1 percent, in accordance with
226.5 and 226.8(a) (7) of Regulation Z,
-as required by 226.8(b) (2), and 226.10
of RegulatonZ.
8. Failing, in any consumer credit
transaction or advertisement, to make
all disclosures, determined in accordance
with 226.4, 226.5, and 226.8 of Regu-
lation Z, in the manner, form and amount
required by 226.6, 226.8, 226.9, and
226.10 of Regulation Z.
It is further ordered,That respondents
deliver a copy of this order to cease and
desist to all present and future person-
nel of respondents engaged in the ar-
ranging or extension of consumer credit
or in any aspzct of preparation, creation
or placing of advertising, and that re-
spondents secure a signed statement ac-
knowledging receipt of said order from
each such person.
It is further ordered,That respondents
zhallwithin sixty (60) days after service
upon It of this order, file with the Com-
mission a report in writing, setting forth
In detail the manner and form in which
they have complied with this order to
cease and desist.
It is furtherordered, That respondents
notify the Commission at least thirty
(30) days prior to any proposed changein
the corporate respondents such as dis-
solution, assignment, or sale resulting in
the emergence of a successor cxporation,
the creation or dissolution of subsidiaries
or any other change in the corporation
which may affect compliance obligations
arising out of this order.
Issued: September 7, 1971.
By the Commission.
[sEAL] CHuRLEs A. Tosn;,
Secretary.
[FF Dca.71-14821 Filed 10-8-71:8:47 am]
[Docket No. C-20281
PART 13-PROHIBITED TRADE
PRACTICES
Mainway Budget Plan, Inc., et al.
Subpart-Advertising falsely or mis-
leadingly: 13.71 Financing: 13.71-10
Truth in Lending Act; 13.73 Formal
regulatory and statutory requirements:
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


6. i ailing to incorporate the following
statement on the face of all contracts
executed by respondents' customers with
such conspicuousness and clarity as is
likely to be observed, read and under-
stood by the purchaser:
IM PORTANT NOTICE
If you are obtaining credit in connection
with this contract, you. will be -required to
sign a promissory note. This note may be
purchased by a bank, finalice company, or
any other third party. If it is purchased by
another party, you will be-required rto make
your payments to the purchaser of the not,.
You should be aware that if this happens
you may have to pay the note in full to the
new owner of the note even If this contract
is not fulfilled.
It is further ordered,That respondents
and respondents' agents, representatives,
and employees directly or through any
corporate or other device in- connection
with any advertisement of consumer
credit sale of bulk beef or other meat
products as "advertisement" and "credit
sale" are defined in Regulation Z of the
Truth in Lending Act do forthwith cease
and desist from:
1. Stating directly or indirectly in any
advertisement the amount of the down
payment required or- that no down pay-
ment is required, the amount of any in-
stailment payment, the dollar amount
of any finance charge, the number of in-
'stallments or the period of repayment,
or that there is no charge for credit, un-
less all of the following items are stated,
in terminology prescribed under 226.8
of Regulation Z, as required by 226.10
(d) (2) of Regulation Z: ,
(i) The rash price or the amount of
the loan, as applicable;
(ii) The amount of the down payment
required or that no down payment is re-
quired, as applicable;
(iii) The number, amount, and due
dates or period of payments scheduled
to repay the indebtedness if the credit
is extended;
(iv) The amount of the finance
charge expressed as an annual percent-
age rate;
(v) Except in connection with the sale
of a dwelling, on a first lien loan to pur-
chase a dwelling, the deferred payment
price or the sum of the payments, as ap-
plicable.
2. Failing, in any consumer credit
transaction or advertisement, to make
all disclosures in the manner and form
required by 226.8' and 226.10 of
Regulation Z.
It is further ordered, That a copy of
this order to cease and desist be delivered
to all operating divisions of the corpor-
ate respondent, and to all officers, man-
agers, and salesmen thereof, both pres-
ent and future, and to any other per-
son now engaged or who becomes en-
gaged in the sale of meat or other food
products as respondents' agent, repre-
sentative or employee, and to secure
from each of said persons a signed state-
ment acknowledging receipt of a copy
thereof.
-It is further ordered, That respondent
corporation notify the Commission at
least thirty (30) days prior to any pro-
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
posed change in the corporate respond-
ent such as dissolution, assignment or
sale resulting in the emergence of a suc-
cessor corporation, the creation or dis-
solution of subsidiaries or any other
change in the corporation which may
affect compliance obligations arising out
of the order.
It is further ordered,That the respond-
*ents herein shall, within sixty (60) days
after service upon them of this order,
file with the Commission a report in
writing setting forth in detail the man-
ner and form in which they have com-
plied with this order.
Issued: August 27, 1971.
By the Commission.
[SEAL] CHALES A. TOBIN,
Secretary.
[FR Doc.71-14810 Fied 10-8-71;8:45 am]
[Docket No. C-20241
PART 13-PROHIBITED TRADE
PRACTICES
Sample Furniture Store, Inc., et al.
Subpart-Advertising falsely or mis-
leadingly: 13.71 Financing: 13.71-10
Truth in Lending Act; 13.73 Formal
regulatory and statutory requirements:
13.73-92 Truth in Lending Act; 13,155
Prices: 13.155-95 Terms and condi-
tions; 13.155-95(a) Truth in Lending
Act. Subpart-.Misrepresenting oneself
and goods--Goods: 13.1623 Formal
regulatory and statutory requirements:
13.1623-95 Truth in Lending Act; Sub-
part-Misrepresenting oneself and
goods-Prices: 13.1823 Terms and
conditions: 13.1823-20 Truth in Lend-
ing Act. Subpart-Neglecting, unfairly
or deceptively, to make material disclo-
sure: 13.1852 Formal regulatory and
statutory requirements: 13.1852-75
Truth in Lending Act; 13.1905 Terms
and conditions: 13.1905-60 Truth in
Lending Act.
(Sec. 6, .38 Stat. 721; 15 U.S.C. 46. Inter-
pret or apply sec. 5.38 Stat. 719. as amended.
82 Stat. 146, 147; 15 U.S.C. 45, 1601-1605)
[Cease and desist order. Sample Furniture
Store, Inc.. et al.. Waukegan. 111.. Docket No.
C-2024. Sept. 2,19711
In the Matter of Sample FurnitureStore,
Inc., a Corporation,and J. Blumberg,
Inc., a Corporation, and No. 2 J.
Blumberg, Inc., a Corporation, and
Penry FurnitureCo., a Corporation,
and Smith-Fitagibbons Furniture
Co., a Corporation,and G & E Fur-
nitureCo., a Corporation,and Adams
Furniture Co., Inc., a Corporation,
and David L. Blumberg, Individually
and as an Officer of Said Corpora-
tions
Consent order requiring seven Illinois
and one Wisconsin sellers and distribu-
tors of household furniture and ap-
pliances to cease violating the Truth in
Lending Act by falling to use in their
installment contracts the terms cash
price, deferred payment price, the an-
nual percentage rate, the correct num-
19691
ber of payments, and other disclosures
required by Regulation Z of said Act.
The order to cease and desist, includ-
ing further order requiring report of com-
pliance therewith, is as follows:
It is ordered, That respondents Sam-
ple Furniture Store, Inc., a corporation,
and Its officers; J. Blumberg, Inc., a cor-
poration, and its officers; No. 2 J. Blum-
berg, Inc., a corporation, and its officers;
Penry Furniture Co., a corporation, and
its officers; Smlth-Flitzgbbons Furniture
Co., a corporation, and its officers; G & E
Furniture Co., a corporation, and its
officers; Adams Furniture Co., Inc., a cor-
poration, and Its officers; and David L.
Blumberg, as an individual and officer of
each of said corporations, and respond-
ents' representatives, agents and em-
ployees, directly or through any corporate
or other device, in connection with any
extension of consumer credit or any ad-
vertisement to aid, promote or assist di-
rectly or indirectly any extension of con-
sumer credit as "consumer credit" and
"advertisement' are defined in Regula-
tion Z (12 CFA, Part 226) of the Truth
in Lending Act (Public Law 90-321, 15
U.S.C. 1601 et seq.), do forthwith cease
and desist from:
1. Falling to use the term "cash down-
payment" to describe any downpayment
in cash, or falling to use the term "trade-
in" to describe any downpayment in
property, as required by 226.8 Cc) (2) of
Regulation Z.
2. Failing to use the term "unpaid bal-
ance of cash price" to describe the dif-
ference between the cash price and the
total donpayment, as required by
226.8(c) (3) of Regulation Z.
3. Failing to use the term "deferred
payment price" to describe the sum of
the cash price, all other charges indi-
vidually Itemized, and the finance
charge, as required by 226.8(b) (8) (ii)
of Regulation Z.
4. Falling to accurately disclose the
annual percentage rate computed to the
nearest one-quarter of I percent in ac-
cordance with 226.5 of Regulation Z, as
requiied by 226.8(b) (2) of Regulation
Z.
5. Failing to disclose the correct num-
ber of payments and amount of each
payment scheduled to repay the indebt-
edness so that the sum of such pay-
ments will equal the "total of payments",
as required by 226.8(b) (3) of Regula-
tion Z.
6. Failing, In any consumer credit
transaction or advertisement, to make
all disclosures, determined in accordance
with Section 226.4 and Section 226.5 of
Regulation Z, in the manner, form and
amount required by 226.6, 226.8, 226.9,
and 226.10 of Regulation Z.
It is furtherordered,That the respond-
ent corporations shall forthwith distrib-
ute a copy of this order to each of their
operating divisions.
It is further ordered, That respond-
ents deliver a copy of this order to cease
and desist to all present and future per-
sonnel of respondents engaged inthe con-
summation of any extension of consumer
credit or n any aspect of preparation,
creation, or placing of advertising, and
 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
of the Republic of Korea extends to
vessels of the United States, in ports of
the Republic of Korea, privileges recipro-
cal to those provided in 4.93 of the Cus-
toms regulations. Therefore, vessels of
the Government of the Republic of Korea
are permitted to transport coastwise
empty cargo vans, empty lift vans, empty
shipping tanks; equipment for use with
cargo vans, lift vans, or shipping tanks;
empty barges specifically designed for
carriage aboard a vessel; empty instru-
ments of international traffic exempted
from application of the customs laws by
the Secretary of the Treasury pursuant
to the provisions of section 322 (a), Tariff
Act of 1930 (19 U.S.C. 1322(a)); and
stevedoring equipment and material un-
der the conditions specified in the ap-
plicable proviso to section 27, Merchant
Marine Act, 1920, as amended (46 U.S.C.
883).
Accordingly, paragraph (b) (1) of
4.93, Customs regulations, is amended
by the insertion of the "Republic of
Korea" in appropriate alphabetical or-
der'in the list of countries under that
paragraph. Paragraph (b) (2) of 4.93,
Customs regulations, is also amended by
the insertion of the "Republic of Korea"
in appropriate alphabetical order in the
list of countries under that paragraph.
(80 Stat. 379, sec. 27, 41 Stat. 999, as
amended; 5 U.S.C. 301, 46 U.S.C. 883)
Effective date. This amendment shall
become effective on the date of its pub-
lication in the FEDERAL REGISTER (10-9-
71).
[SEAL] EDWIN F. RAINS,
Acting Commissionerof Customs.
Approved: September 29, 1971.
EUGENE T. RoSSIDES,
Assistant Secretary of
the Treasury.
[FR Doc.71-14874 Fied 10-8-71;8:50 am]
Title 33-NAVIGATION AND
NAVIGABLE WATERS
Chapter I-Coast Guard, Department Vessels authorized to pass through Stat. 463, as
of Transportation
SUBCHAPTER J-BRIDGES
[CGFR 71-67a]
PART 117-DRAWBRIDGE
OPERATION REGULATIONS
Willamette River, Oregon Slough,
Oreg.
This amendment changes the regula-
tions for the drawbridges across the
Willamette River at Portland, Oreg., by 42);
revising the times and days on which the
draws may remain closed. The bridges
affected are the Multnomah County come effective on November 15, 1971.
highway bridges at Broadway, Burnside,
Morrison, and Hawthorne Streets and
the Union Pacific railroad bridge at
Glisan Street. This amendment was cir-
culated as a public notice dated July 21,
1971, by the Commander, 13th Coast
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
Guard District and was published in the
FEDERAL REGISTER as a notice of proposed
rule making (CGFR 71-67) on July 10,
Title 21-FOOD AND DRUGS
1971 (36 F.R. 12989). Four responses were Chapter I-Food and Drug Adminis-
received. The Northwest Rivers and Har- tration, Department of Health, Edu-
bors Congress, representing the waterway cation, and Welfare
interests in the area, concurred. One SUBCHAPTER C-DRUGS
letter of no objection was received. One
cautioned against possible detriment to [DESI 83201
the shipping traffic in Portland and the PART 141a-PENICILLIN AND PENI-
State of Oregon. The fourth letter reccmn-
CILLIN-CONTAINING DRUGS; TESTS
melided extending the closed periods ,AND METHODS OF ASSAY
rather than shortening them. The Coast
Guard feels that.this change will not un- PART 141e-BACITRACIN AND BAC-
duly restrict navigation and will expedite
ITRACIN-CONTAINING DRUGS;
rush hour vehicular traffic. TESTS AND METHODS OF ASSAY
Accordingly, Part 117 of Title 33, Code
PART 146a-CERTIFICATION OF PEN-
of Federal Regulations is amended by
striking out the words, "Spokane, Port- ICILLIN AND PENICILLIN-CONTAIN-
land and Seattle Ry." wherever they ap- ING DRUGS
pear in paragraphs (b) and (c) of
117.750 and inserting the words "Bur- PART 146c-CERTIFICATION OF
lington Northern railroad" in place CHLORTETRACYCLINE (OR TETRA-
thereof and revising 117.750(f) to read CYCLINE) AND CHLORTETRACY-
as follows: CLINE- (OR TETRACYCLINE-) CON-
117.750 Willamette River at Portland, TAINING DRUGS
Oreg., Columbia River at Vancouver,
Wash., and North Portland Harbor PART 146e-CERTIFICATION OF BAC-
(Oregon Slouth), Oreg.; bridges ITRACIN AND BACITRACIN-CON-
(highway and railroad); Signals. TAINING DRUGS
(f) Closed periods. (1) The periods PART 148i-NEOMYCIN SULFATE
from 7 am. to 8:30 am. and 4 p.m. to Antibiotic Troches; Confirmation of
5:30 p.m. are hereby designated closed Order Revoking Provisions for
periods during which the draw spans of Certification
bridges carrying street traffic over Wil-
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),
provided, or when necessary to prevent amending the antibiotic drug regulations
accident.
to repeal provisions for certification of
(2) Closed periods above defined shall
not be effective on Saturday, Sunday, all antibiotic troches. The order
New Year's Day, Memorial Day, Fourth amended Parts 141a, 141e, 146a, 140o,
of July, Labor Day, Thanksgiving Day, 146e, and 1481 by revoking 141a,12,
and Christmas Day, or days observed in 141a.41, 141e.413, 141e.419, 141e.430,
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
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
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
bridges during closed periods or in case amended; 21 U.S.C. 352,
of emergency when opening of the draw 357) and under authority delegated to
is necessary to prevent accident, shall the Commissioner of Food and Drugs
sound the call signal twice in rapid suc- (21 CFR 2.120), notice is given that no
cession, i.e., with an interval of not over objections were filed to the above iden-
5 seconds between signals. The Broadway
Bridge shall be opened, however, for tilfled order. Accordingly, the amend-
oceangoing vessels of 750 tons or over ments promulgated thereby became
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
allowed 30 days after publication hereof
(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-
49 CFR 1.46(c) (5), 33 CFR 1.05-1 (c) (4)) standing stocks of the affected drugs,
Effective date. This revision shall be- Certification of new stocks has been
discontinued.
Dated: September 28, 1971.
Dated: October 1, 1971.
R. E. HAMMOND, R,. E. DucooAl,
Rear Admiral, U.S. CoastGuard, Acting Associate Commissioner
Chief, Office of Operations. for Compliance.
[MR Doc.71-14856 Filed 10-8-71;8:50 am] [IM Doc.71-14861 Flied 10-8-71:8:61 am]

PART 146a-CERTIFICATION OF PEN-
ICILLIN AND PENICILLIN-CONTAIN-
ING DRUGS
Combination Drugs Containing an
Antibiotic With Probenecid
In the FEDERAL REGISTER of August 18,
1970 (35 F.R. 13158, DESr 50125) the
Commissioner of Food and Drugs an-
nounced the conclusions of the Food and
Drug Administration following evalua-
tion of reports received from the Ni-
tional Academy of Sciences-National
Research Council, Drug Efficacy Study
Group, regarding the following prepara-
tion: Potassium Penicillin G with Pro-
benecid marketed as Remanden-250
Tablets (NDA 50-125) by Merck, Sharp &
Dohme, Division of Merck & Co., Inc.,
West Point, Pa. 19486.
The announcement gave notice that
the Food and Drug Administration con-
cluded that there is a lack of substantial
evidence, within the meaning of the Fed-
eral Food, Drug, and Cosmetic Act, that
this drug is effective as a fixed combina-
tion for its claimed indications.
The Commissioner announced his in-
tention to initiate proceedings to amend
the antibiotic drug regulations where
necessary by revoking combination drugs
of the kind described above from the list
of drugs acceptable for certification. The
regulations involved describe the condi-
tions for certification of other antibiotic-
probenecid preparations as well as of the
product mentioned above. These prepa-
rations were also implicated by the
Gommissioner's announcemient.
Interested persons who might be ad-
versely affected by removal of this drug
from the market were invited to submit
within 30 days after publication of the
announcement in the FEDERAL REGISTER
any pertinent data bearing on the pro-
posal to revoke provisions for certifica-"
tion of such drugs. No data were received
in response to the announcement.
Accordingly, the Commissioner con-
cludes (1) that the antibiotic drug re-
gulations should be amended to revoke
provision for certification of such anti-
biotic drugs and (2) that all outstand-
ing certificates heretofore issued for
such drugs should be revoked.
Therefore, pursuant to provisions of
the Federal Food, Drug, and Cosmetic
Act (sees. 502, 507, 52 Stat. 1050-51, as
amended, 59 Stat. 463, as amended; 21
U.S.C. 352, 357) and under authority
delegated: to the Commissioner (21 CFR
2.120), Part 146a is amended as follows:
1. Section 146a.28 Crystalline peni-
cillin G oral suspension, crystalline
penicillin G sodium oral suspension,
potassium penicillin G oral suspension
is amended by deleting the words "pro-
benecid and" from the first sentence in
paragraph (a).
2. Section 146a.51 Buffered penicillin
powder, penicillin powder with buffered,
aqueousdiluent is amended:
a. In paragraph (a) by deleting the
second sentence which reads: "If in-
tended for human use, it may contain
probenecid."
b. In paragraph (b) by revising the
last sentence to read: "Each immediate
container may be packaged in combina-
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS 19695
tion with a container of a suitable and amending the antibiotic drug regulations
harmless aqueous vehicle." to repeal provisions for certification of
Any person who will be adversely af- tyrothricin-triethanolamlne polypeptide
fected by the removal of any uch drug cocoate condensate solution. The order
from the market may file objections to amended Part 148r by revoking 148r.9.
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,
statement of reasonable grounds and re- 507, 52 Stat. 1050-51, as amended, 59
quest for a hearing shall be submitted In Stat. 463, as amended; 21 U.S.C. 352,
writing within 30 days after publication 357) and under authority delegated to
hereof in the FEDERAL REGISTER, shall the Commissioner of Food and Drugs (21
state the reasons why the antibiotic drug CFR 2.120), notice is given that no objec-
regulations should not be so amended. tions were filed to the above Identified
and shall include a well organized and order. Accordingly the amendment
full factual analysis of the clinical and promulgated thereby became effective
other investigational data the objector September 1, 1971.
is prepared to prove in support of his
objections. Dated: September 28, 1971.
A request for a hearing may not rest R. E. DUGGAN,
upon mere allegations or denials, but Acting Associate Commissioner
must set forth specific facts showing that for Compliance.
a genuine and substantial Issue of fact
requires a hearing. When It clearly ap- IFR Dcc.71-14862 Filed 10-8-71;8:51 am]
pears from the data incorporated into
or referred to by the objections and from Chapter Ill-Environmental Protection
the factual analysis in the request for a
hearing that no genuine issue of fact Agency
precludes the action taken by this order, PART 420-TOLERANCES AND EX-
the Commissioner will enter an order EMPTIONS FROM TOLERANCES
stating his findings and conclusions on
such data. FOR PESTICIDE CHEMICALS IN OR
If a hearing is requested and Justified ON RAW AGRICULTURAL COM-
by the objections, the issues will be de- MODITIES
fined and a hearing examiner named to
conduct the hearing. The provisions of Dinitro-o-Cyclohexylphenol and its
Subpart F of 21 CFR Part 2 shall apply Dicyciohexylamine Salt
to such hearing, except as modified by Correction
21 CFR 146.1(f), and to Judicial review
inaccord with section 701 (f) and (g) of In P.R. Doc. 71-14402 appearing on
the Federal Food, Drug, and Cosmetic page.19251 in the issue for Friday, Octo-
Act. (35 F.R. 7250, May 8, 1970) ber 1, 1971. the reference to " 420.155"
Objections and requests for a hearing In the third paragraph should read
should be filed (preferably in quintupli- " 420.144".
cate) with the Hearing Clerk, Depart-
ment of Health, Education, and Welfare,
Room 6-88, 5600 Fishers Lane, Rockvlle,
MD 20852. Received objections and re- Title 41-PUBLIC CONTRACTS
quests for a hearing may be seen in the
above office during regular business
hours, Monday through Friday.
AND PROPERTY MANAGEMENT
Chapter 3-Department of Health,
Effective date. This order shall become
effective 40 days after Its date of publi- Education, and Welfare
cation in the F.EDERAL REGIaSR. If ob- PART 3-4-SPECIAL TYPES AND
jections are filed, the effective date will METHODS OF PROCUREMENT
be extended as necessary for ruling
thereon. In so ruling, the Commissioner Subpart 3-4.56-Research Contracts
will specify another effective date and With Educational Institutions in the
how the outstanding stocks of the af- United States
fected drugs are to be handled.
On August 3,1971, a notice of proposed
(Sees. 502, 507._52 Stat. 1050-51, as amended,
rule making was published in the
59 Stat. 463, as amended; 21 U.S.C. 352. 357)
Dated: September 30, 1971. FEonu REGISTER (36 F.R. 14270) stat-
ing that the Department of Health,
R. E. DUGGAN, Education, and Welfare was considering
Acting Associate Commissioner an amendment to 41 CFR Chapter 3 by
* for Compliance.
adding a new Subpart 3-4.56---Research
[FR D=.71-14868 Filed 10-8-71;8:52 am] Contracts with Educational Institutions
in the United States. The purpose of the
[DESI 118461 amendment is to establish Department
policy on the review and direction re-
PART 148r-TYROTHRICIN
quirements for applicatiQn In certain re-
Confirmation of Order Revoking Pro- search contracts.
visions for Certification of Tyro- Views and arguments respecting the
thricin and Triethanolamine Poly- proposed amendment were invited to be
peptide Cocoate Condensate submitted within 30 days following pub-
Shampoo Solution lication of the notice in the FEDERAL
An order was published in the FEDERAL REGISTER. No comments were received
REGISTER of July 23, 1971 (36 FR. 13685), within the 30-day period allowed and the
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


(3) Director, Regional Office.
(4) Director, VA Center.
(5) Director, Veterans Benefits Office
(Washington, D.C.).
(c) The Chief Benefits Director, Direc-
tor, Compensation, Pension, and Educa-
tion Service, and Directors, Regional Of-
fices and Centers (hospital and regional
office) are delegated authority to execute
'contracts, agreements, or supplements
thereto with educational institutions and
other anroved agencies for the purpose
of providing services relative to the coun-
seling of persons eligible for vocational
rehabilitation or educational assistance
under title 38, United States Code.
(e) The contracting officers named in
paragraphs (a), (b), and (c) of this sec-
tion may designate one or more of their
subordinates and authority is hereby
delegated to such subordinates to nego-,
tiate, award, and administer contracts,
purchase orders, and other agreements
for the purposes stated in paragraphs
(a), (b), and (c) of this section. Designa-
tion of subordinates will be in writing by
name or position title and will specifically
state the scope and limitations of the
contractual authority of each designee.
8-95.208 [Revoked]
3. Section 8-95.208, "Exclusion of Fed-
eral admission taxes", is revoked.
4. Section 8-95.209 is revised to read
as follows:
8-95.209 Records and reports.
Contracts. agreements, or arrange-
ments will provide for the number and
frequency of reports, adequate financial
records to support payment for each
trainee and maintenance of attendance
and progress records. Such records will
be preserved for a period of 4 years fol-
lowing the date of the last payment or a
longer period if requested by a repre-
sentative of the General Accounting Of-
fice or the Veterans' Administration.
5. Section 8-95.211 is revised to read as
follows:
8-95.211 Information concerning cor-
respondence courses.
Specific questions on correspondence
courses as to the content of courses,
academic credit, and entrance require-
ments for courses included in Veterans
Admilnitration contracts may be di-
rected to the institutions offering the
courses.
(Sec. 205(c), 63 Stat. 389, as amended, 40
US.C. 484c); sec. 210(c), 72 Stat. 1114, 38
U.S.C. 210(c))
These regulations are effective Novem-
ber 1, 1971.
Approved: October 4, 1971.
By direction of the Administratr.
ESEAL] FRED B. RHoDEs,
Deputy Administrator.
[FT'Do0.71-14850 Filed 10-8-71;8:49 am]
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
Title 45-PUBLIC WELFARE
Chapter XII-Environmental
Protection Agency
PART 1201-CONTROL OF AIR POL-
LUTION FROM NEW MOTOR VEHI-
CLES AND NEW MOTOR VEHICLE
ENGINES
Qualification of Low-Emission
Vehicles
On June 29, 1971, a notice of proposed
rule making was published (36 F-L
12240) setting forth the text of proposed
regulations relating to the Administra-
tor's determination of whether a vehicle
qualifies as a 'low-emsslon vehicle"
under section 212 of the Clean Air Act
(42 U.S.C. 1857f-1 et seq.) as amended
by Public Law 91-604. Such regulations
were to be considered in conjunction with
regulations of the Low-Emission Vehicle
Certification Board (40 CF& Part 400).
Comments were received pursuant to
the above notice and due consideration
has been given to all relevant material
presented. The final regulations incor-
porate appropriate amendments to the
regulations as proposed.
Since the standards under these reg-
ulations are applicable to 1973 and 1974
model year vehicles only, the deadline
for receipt of applications for certifica-
tion has been changed to help insure
that the 1-year certification of a low-
emission vehicle does not extend into the
1975 model year, when more stringent
standards are required for light-duty
vehicles under section 202 of the Act.
Standards applicable to 1975 and later
model years will be promulgated as soon
as *practicable. In addition, the regula-
tions delete the requirement that the ap-
plicant identify the class or model of
vehicles for which his vehicle is pro-
posed as a substitute. The regulations
also provide for publication in the FrD-
ERAL REGISTER of receipt of an applica-
tion for certification and make various
minor changes.
The amendments to Part 1201 set forth
below are hereby adopted effective on
publication in the FEDERAL REGISTER
(10-9-71).
Dated: October 4, 1971.
WILLIAm D. RucxmiuAus,
Administrator.
Part 1201 pf Chapter XII, TItle 45 of
the Code of Federal Regulations is
amended by adding a new Subpart S as
follows:
Subpart S-Low-Emission Vehicles
Sec.
1201.320 Definitions.
1201.321 Low-emission vehicle.
1201.322 Application for certification.
1201.323 Test vehicle selection.
1201.324 Data reporting.
1201.325 Testing by the Administrator.
1201.326 Administrator's determination.
1201.327 Postcertiflcation tesing.
Auraonrry: The provisions of this Subpart
S Issued under sec. 212, 84 Stat. 1676, Public
Law 91-604.
1969-7
1201.320 Definitions.
(a) As used in this subpart, all terms
not defined herein shall have the mean-
ing given them in the Clean Air Act (42
U.S.C. 1857 f-I et seq.) and in 1201.1:
(1) "Motor vehicle" means any self-
propelled vehicle designed for use in the
United States on the highways, other
than a vehicle designed or used for mil-
itary field training, combat, or tactical
purposes.
(2) "Inherently low-polluting vehicle"
means any low-emission vehicle which is
powered by a propulsion system which
does not require control devices, for ex-
haust emissions, external to the engine.
43) "Anticipated certification period!"
means the 1-year period which begins
270 days after submission of a completed
certfi'catlon avlicatlon to the Adminis-
trator."
(4) "Model year" as used In this sub-
part shall have the same meaning as
that term has under section 202(b) (3)
(A) (i) of the Clean Air Act.
(5) "Light-duty motor vehicle" as
used in this subpart means a motor ve-
hicle which may be a suitable substitute
for a class or model of light-duty motor
vehicles as defined at 1201.1(a) (5).
1201.321 Low-emission vehicle.
(a) A "low-emission vehicle" for the
purpose of being certified as a suitable
substitute for any class or model of light-
duty motor vehicles means any motor
vehicle for which a completed certifica-
tion application has been filed in accord-
ance with 1201.322 and which-
(1) Meets the most stringent crankcase
emission and fuel evaporative standards
which will apply under section 202 of the
Clean Air Act during any part of the
anticipated certification period to motor
vehicles of that type; and
(2) Produces exhaust emissions of (I)
hydrocarbons or carbon monoxide which
meet the emission standards applicable
under section 202 of the Act to model
year 1975 gasoline-fueled light-duty ve-
hicles, or (i) oxides of nitrogen which
meet the emission standard applicable
under section 202 to model year 1976
gasoline-fueled light-duty vehicles; and
(3) Does not exceed the following ex-
haust emission standards:
(I) Hydrocarbons-3 grams per ve-
hicle mile;
(i) Carbon monoxide-28 grams per
vehicle mile: and
(Ill) Oxides of nitrogen-31 grams
per vehicle mile; and
(4) Emits no air pollutant other than
those pollutants which are emitted by
any class or model of motor vehicles for
which the applicant vehicle may be a
suitable substitute, unless the Adminis-
trator determines that such other emis-
sions will not contribute significantly to
air pollution which causes or contributes
to the endangerment of public health or
welfare; and
(5) Does not significantly Increase the
emissions of any air pollutant not sub-
ject to an emission standard under sec-
tion 202 of the Act by comparison to the
emissions of such pollutant by any class
 19698
or model of motor vehicles for which the
applicant vehicle may be a suitable
substitute.
(b) The applicable test procedures for
determining compliance with the stand-
ards established by paragraph (a) of this
section shall be those in effect under sec-
tion 202 of the Act for 1975 model year
gasoline-fueled light-duty motor vehicles,
except as provided in 1201.322(b).
1201.322 Application for certification.
(a) Any person desiring certification
of a test vehicle under section 212 of the
Clean Air Act shall submit to the Admin-
istrator a nofice of intent to submit a
certification application with respect to
such vehicle. The notice of intent shall
contain a description of the vehicle, in-
cluding the propulsion system and the
fuel used by it, and such other informa-
tion as the Administrator may request.
The Administrator will transmit a copy
of the notice of intent to the Low-
Emission Vehicle Certification Board.
(b) As soon as practicable after re-
ceipt of a notize of intent to submit a
certification application for a vehicle, the
Administrator shall determine whether
the test procedures required under
1201.321(b) are applicable to that ve-
hicle. If he determines they are inappli-
cable, he shall, as soon as practicable
thereafter, prescribe test procedures for
determining whether such vehicle is a
low-emission vehicle, and, if necessary,
he shall establish emission standards
equivalent to those in effect under par-
agraph (a) of 1201.321. He shall also
select test vehicles in accordance with
1201.323.
(c) After completion of testing of all
test vehicles in accordance with appli-
cable test procedures and with 1201.323,
the person desiring certification shall
submit to the Administrator a written
application signed by an authorized rep-
resentative of the applicant. The appli-
cation shall contain all emission data
from the tests of the emission and dura-
bility data test vehicles and all data re-
quired by the Board under 40 CFR 400.4,
relative to the following vehicle
characteristics:
(1) Safety;
(2) Performance characteristics;
(3) Reliability potential;
k4) Serviceability;
(5) Fuel availability;
(6) Noise level; and
(7) Maintenance costs.
(d) Any certification application must
be filed prior to July 8, 1972, in order for
that vehicle to be eligible for certifica-
tion, except that the Administrator may,
after consultation with the Board, accept
an application filed no later than De-
cember 31, 1972, if he determines that it
is likely that the Board will be able to
make the determination required by 40
CFR 400.6 no later than April 2, 1973.
(e) In addition to the information re-
quired under this section, and under 40
CPR 400.4, the Administrator may re-
quire the applicant to submit any other
information which the Administrator
deems necessary in determining whether
the test vehicle is a low-emission vehicle.
The application for certification may be
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
considered incomplete, unless all infor- vehicle Is an Inherently low-polluting
mation required by the Administrator vehicle.
and the Low-Emission Vehicle Certifi- (d) If at any time after making an
cation Board has been submitted. affirmative determination under para-
(f) The Administrator shall, im- graph (a) of 'this section but prior to
mediately upon receipt of a completed certification by the Board, the Admin-
application for certification under para- istrator obtains Information which
graph (c) of this section, publish in the demonstrates that the applicant vehicle
FEDERAL REGISTER notice of receipt of the is not a low-emission vehicle, he may
application, the name of the applicant, a revoke such determination. The Admin-
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-
and information concerning the method ERAL REGISTER notice of such revocation
by which the public may have access to and the reasons therefor.
data relating to the emission character- 1201.327 Postcertification
istics of the applicant vehicle. tesling.
The Administrator shall at the re-
1201.323 Test vehicle selection. quest of the Board, test the emissions
(a) The test vehicles covered by the from certified low-emission vehicles pur-
application for certification shall be chased by the Federal Government. If
divid3nd into engine families in accord- these tests show that the emission ex-
ance with 1201.89(a) (2) unless the Ad- ceed the rates on which the Administra-
ministrator approves an alternative pro- tor based his determination under
cedure under 1201.322(b). 1201.326, the Administrgtor shall
(b) Except as the Administrator may notify the Board.
require pursuant to 1201.322(b), the [F.R. Dce.71-14853 Filed 10-8-71;8:49 am]
applicant shall test or cause to be tested
two durability data vehicles of each en-
gine-system Combination and four emis-
sion data vehicles of each engine family
described in the notice of intent. The test
Title 50-WILDLIFE AND
vehicles shall be selected by the Admin-
istrator upon receipt of the notice of in- FISHERIES
tent and after consultation with the Chapter I-Bureau of Sport Fisheries
Board to determine the models or classes
and Wildlife, Fish and Wildlife
of vehicles for which the test vehicle
may be a suitable substitute. Service, Department of the Interior
PART 28-PUBLIC ACCESS, USE, AND
1201.324 Data reporting.
(a) All data on emission data and RECREATION
durability data test vehicles shall be re- Hatchie National Wildlife Refuge,
ported in accordance with 1201.53(a) Tenn.
and 1201.91(d).
(b) For the purpose of this subpart The following special regulation Is
1201.91(e) shall not apply. Issued and is effective upon publication
In the FEDERAL REGISTrn (10-9-71). This
1201.325 Testing by the Administrator. special regulation provides access across
The Administrator may require that and through certain portions of National
any one or more of the applicant's test Wildlife Refuges. These access routes are
vehicles be submitted to him, at such delineated on maps available at the
place or places and at such time or times respective refuge office.
as he may designate for the purpose of 28.28 Special regulations, public ae-
conducting emission tests. cess, use and recreation; for individ-
ual wildlife refuge area3.
1201.326 Administrator's determina-
tion. TEnmEssrr
(a) The Administrator shall, within HATCHIE IATIONAL WILDLIFE tEFU0ot
90 days after receipt of a completed ap-
plication for certification, determine A corridor open for the transportation
whether the applicant vehicle is a low- of unloaded and encased firearms by
emission vehicle. Such determination vehicle and boat during any and all legal
shall be based upon an evaluation of the waterfowl hunting seasons as follows:
data provided to the Administrator in The Public Use Boat Landing located
the application for certification, any on the south bank of Hatchie River and
supporting information the Administra- immediately west of the Judge T. J.
tor may obtain from the applicant, any Pearson Bridge on State Highway 76,
relevant information obtained from the Haywood County, Tenn.
public, and the results of any testing the This special regulation supplements
Administrator may have conducted in the regulations governing transportation
accordance with 1201.325. of firearms on National Wildlife Refuge
(b) The Administrator shall, imme- areas generally which are set forth In
diately upon. making the determination Code of Federal Regulations, Title 50,
required in paragraph (a) of this sec- Part 28, and are effective until revoked.
tion, publish in the FEDERAL REGISTER
notice of such determination and the C. EDWARD, CAnLSOu,
reasons therefor. RegionalDirector,Bureau o1
(0) The Administrator may make any Sport Fisheriesand Wildlife.
recommendation which he deems appro- OCTOBER 4, 1971.
priate concerning whether any applicant [PR Doc.71-14832 Filed 10-8-71:8:47 am]
 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
powers, duties, and functions vested in them
by the Act (the "Rules and Regulations").
Now, therefore, in consideration of the
premises, it is hereby agreed:
I. Establishment of Interim Fund. An In-
terim Fund is hereby established for the pur-
poses set forth in Article III. During the term
of this Agreement deposits into and with-
drawals from the Interim Fund shall be made
only in accordance with the provisions, con-
ditions and requirements of the Act, this
Agreement, and the Rules and Regulations.
II. Term of the Agreement. This Agree-
ment shall terminate:
A. Upon failure of the Party to make ap-
plication for a permanent Capital Construc-
tion Fund Agreement (the "Permanent
Agreement") within sixty (60) days after
notice in the FEDERAL REGISE that the final
form of such Permanent Agreement and form
of application, if any, have been adopted by
the Secretary.
B. Upon denial by the Secretary of a
timely-filed application for a Permanent
Agreement.
C. By mutual consent.
D. Upon failure to execute a Permanent
Agreement within ninety (90) days after
tender by the Secretary of such Agreement
for execution by the Party.
E. At the option of the Secretary, upon
a determination pursuant to subsection (f)
(2) of section 607 of the Act that a Party has
failed to fulfill a substantial obligation under come from agreement vessels for any tax-
this Agreement, or if the Party has made able year exceed 100 percent of the taxable
any material misrepresentation in connec-
tion with this Agreement.
F. Upon the execution by the Secretary
and the Party of a Permanent Agreement.
In the case of terminations occasioned by be that specified
the events described in sections (A), (B),
(C), (D), and (E) above, the provisions of the
Internal Revenue Code of 1954 shall apply sequent
as though this Agreement had not been
executed.
If this Agreement is terminated by virtue be applied as deposits applicable to a subse-
of the execution of a permanent agreement
under (F) above, no interval shall be deemed
to occur between the Interim and Permanent
Agreement. The assets then on deposit in ihe
Interim Fund, to the extent found necessary
and appropriate by the Secretary for carry-
ing out the program set forth in the Perma-
nent Agreement, shall be transferred to the
corresponding accounts In the Permanent
Fund under the Permanent Agreement.
III. Purposes of the Interim Fund. The ceived in
Interim Fund established by this Agreement
shall be for the purposes of providing for
qualified withdrawals during the term of this covered by this Agreement,
Agreement (1) to provide for the replace-
ment, addition, or reconstruction of qualified
vessels In accordance with the general objec-
tives contained in Schedule B of this Agree-
ment; and/or (2) provide for the payment
of the principal on indebtedness incurred in
connection with the acquisition, construc-
tion, or reconstruction of a qualified vessel;
and (3) to provide for transfer to a Perma-
nent Agreement of such amounts as may be
approved by the Secretary under Article II
of this Agreement. For the purpose of item
(2) in the preceding sentence, an eligible
vessel may also be a qualified vessel.
IV. Approved Depositories.All assets of the supplement Schedule B. A must amend and
Interim Fund shall be maintained in the for the purposes sepcified in Schedule
following depositories:
(Insert the name of the depositories)
V. Deposits to be made in the Interim 607(f)
Fund. A. In order to carry out the purposes
of section 607 of the Act as more specifically
set forth In Schedule B of this Agreement, withdrawal which is not a qualified with-
for each of the taxable years covered by this drawal shall be treated as a nonqualified
Agreement;
1. The Party shall deposit in' any order all
amounts received from the following:
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
RULES AND REGULATIONS
a. Receipts (earnings) from the invest-
ment and reinvestment of amounts held in
the Interim Fund; and
b. Except as shall be specifically exempted
from deposit by the Secretary, net proceeds
from (i) the sale or other disposition (in-
cluding any mortgage) of any agreement
vessel, and (ii) any insurance or indemnity
attributable to any agreement vessel result-
ing from total loss whether such loss was
determined by compromise, constructively,
or by agreement.
2. In addition to the deposits required by
section (A) (1) of this Article V, the Party
may make deposits In any order and amount
but not in excess of the sum of:
a. One hundred percent of the taxable
income attributable to the operation of the
agreement vessels in the fisheries of the
United States;
b. The amount allowable as a deduction
under section 167 of the Internal Revenue
Code of 1954 for such year with respect to
the agreement vessels; and
c. Net proceeds not required to be de-
posited under section (A) (1) (b) of this
Article V from (i) the sale or other disposi-
tion (including any mortgage) of any agree-
ment vessel, and (U) any insurance or in-
demnity attributable to any agreement
vessel.
In no event may the deposits of taxable In-
income of the Party for such year. Deposits
may be made to the ordinary income, capital
gain, and capital accounts from any moneys
or funds of the Party, however, the Federal
income tax treatment of any deposit shall
under section 607 of the
Act.
B. Deposits which are determined by sub-
audit to exceed the limitations
stated in section (A) of this Article V may
quent taxable year either under this agree-
ment or. an immediately succeeding Perma-
nent Agreement. In the event that upon sub-
sequent audit it Is determined that amounts
deposited In the Interim Fund for any tax-
able year fall below the maximum limita-
tions stated in section (A) of this Article V,
additional deposits may be made applicable
to such taxable year.
C. Deposits may be made in the form of
mortgages and evidences of indebtedness re-
connection with transactions re-
ferred to in section (A) of this Article V.
D. With respect to any 'leased vessel
the maximum
amount which may be deposited by the
Party for any taxable year may be increased
by the amount allowable to the owner as a
deduction under section 167 of the Internal
Revenue Code of 1954 that -the owner does
not deposit under an Agreement for that
year. Such deposits by the Party shall be
added to the amount in the capital account
as a deposit of depreciation.
VI. Withdrawals from the Interim Fund.
A. Prior to making a withdrawal, or a related
series of withdrawals, the Party must ob-
tain the consent of the Secretary, and, if re-
quired by the Secretary,
withdrawal made
B of
the Agreement, as so amended and supple-
mented, shall be treated as a "qualified with-
drawal" within the meaning of subsection
of the Act except as otherwise pro-
vided in section (B) of this Article VI. Any
withdrawal or a withdrawal pursuant to sub-
section 607(), as the case may be.
B. The Secretary may from time to time
determine that the addition of a significant
degree of fishing effort to the existing fleet
in any specific segment or segments of the
fisheries will be inconsistent with the vise
use of the fisheries rczourco Involved, and
inconsistent with the development, advance-
ment, management, conservation, or protec-
tion of that resource (the "Closcd Fishery").
Prior to his making a final determination the
Secretary shall give notice of his intention
to make such determination and afford an
cpportunity for hearing by publishing a pro-
posed regulation In the FEDERAL RrIsrsa
establishing that qualified withdrawala may
not be made from the Interim Fund If such
withdrawals would introduce a significant
degree of additional fishing effort into the
Closed Fishery. If, after notice and opportu-
nity for hearing, the Secretary malei a de-
termination and gives notice thereof by
promulgating a regulation in the FVnonAL
REGSmTE, the party affected thereby may:
1. Make a qualified withdrawal In accord-
ance with section (A) of this Article VI:
Provided, That a degree of fishing effort
substantially equivalent to any additional de-
gree of fishing effort to be introduced Into
any Closed Fishery as a result of such quali-
fied withdrawal Is psrmanently removed by
such Party from all fishing effort in that
Closed Fishery; or
2. Amend Schedule B with the Sccretary'a
consent; or
3. Make a nonquallfied withdrawal in ac-
cordance with section (A) of this Article VI
in such manner as the Secretary determines
to be equitable to the Party by allowing the
Party to withdraw all of the assets In the
Interim Fund, or specified portlons thereof,
over a pariod of time: or
4. Cont!nue the Interim Fund, and all or
a portion of the .ssets In It: Provided, That
It appears to the Secretary that a qualified
withdrawal may at some later time be rea-
sonably expected to occur.
In the case of nonqualificd withdrawal in
accordance with this Article VI, the provi-
sions cf the Internal Revenue Code of 1064
shall apply as though this Agreement had not
been executed with respect to the funds with-
drawn.
VII. Investment of the Interim Fund. In-
vestments shall be made In accordanco with
the following requirements and such addl-
tional requirements as the Secretary may' by
rulesmnd regulations prescribe from time to
time.
A. The a~sets of the Interim Fund may be
invested In obligations of the U,S, Govern-
ment or of any agency or Instrumentality
thereof, bankers" acceptances and negotiable
certificates of deposit which are readily mar-
ketable and which are issued by membera of
the Federal Deposit Insurance Corporation
and the Federal Reserve System, and com-
mercial paper which is readily marketable
and of one of the two highest grade3 as rated
by' Standard and Poor's Corp. All of the fore-
going investments shall mature not later
than 1 year from the date of their purchase,
B. No person shall buy on margin or effect
the short sale of any security when acting
for the account of the Interim Fund.
C. Assets of the Interim Fund may not be
invested in securities of any of the following'
1. The Party;
2. A subsidiary of the Party;
3. A related company of the Party: or
4. Any issuer under common control with
the Party, or owning or controlling more than
10 percent of the Party's voting securities.
VIII. Pledges and Assignments Prohibited.
The Party covenants and agrees that, without
the prior written consent of the Secretary,
neither the Party nor a trustee nor any other
person shall pledge or assign all or any por-
tion of this Aereement. the Interim Fund, or
any assets in the Interim Fund.

IX. Related Companies. Where affiliates,
subsidiaries, holding companies or other per-
sons related to the Party, directly or Indi-
rectly, are involved in the financing, acquisi-
tion, construction, or reconstruction of a
qualified vessel, the Party shall make written
application to the Secretary for approval of
the transaction not less than thirty (30) days
prior to the execution thereof. Withdrawals
with respect to such transactions before such
approval is granted shall be treated as non-
qualified withdrawals unless otheiwise ap-
proved by the Secretary.
X. Records and Reports. A. The Party and
every affiliate, domestic agent, subsidiary, or
holding company connected with, or directly
cr indirectly controlling or controlled by, the
Party (1) shall keep its books, records, and
accounts relating to the property and to the
maintenance, operation, and servicing of the
vessel(s) and service(s) covered by this
Agreement in such form and under such con-
ditions as may be prescribed by the Secretary,
but the Secretary shall not require the dupli-
cation of books, records, and accounts re-
quired to be kept in some other form by the
Secretary of the Treasury so long as such
information is made available to the Secre-
tary, and (2) shall file. upon notice from the
Secretary, balarce sheets, profit and loss
statements, and such other atatements of
finarcial operations, special reports, memo-
randa of facts and transactions, as in the
opinion of-the Secretary reveal the financial
results In the performance of, or transactions
or operations under, this Agreement. The Sec-
retary reserves the right to require that all or
any of such statements, reports and memo-
randa shall be certified by independent certi-
fied public accountants acceptable to the
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY
RULES AND REGULATIONS
Secretary. The Party shall from time to time
establish and maintain such checks upon or
systems of control of expenditures or reve-
nues in connection with the operation of the
agreement vessel(s) as the Secretary may
require.
B. The Secretary Is hereby authorized to
examine and audit the books, records, and
accounts of all persons referred to In cectlon
(A) of this Article X whenever he may deem
It necessary or desirable.
XI, Warrantiesand Rcpresentations by the
Party.The Party hereby wa-rfnts, repre:ents,
and agrees as follows:
A. That the Party Is. and at all times dur-
ing the period of this Agreement, will con-
tinue to be a citizen of the United State,
within the meaning of subsection 905(c) of
the Act;
B. That the Party owns or leases the eligi-
ble vessels, as that term is defined in sub-
section 607(k) of the Act. set out in Schedule
A of this Agreement;
C. That the vessels referred to in Schedule
B of this Agreement:
1. Were, or will be, constructed or recon-
structed in the United States;
2. Were, or will be, documented under the
laws of the United States for operation In
the fisheries of the United States; and
3. Are, or will be, operated in the fisheries
of the United States and the areas of opera-
tion specified in Schedule B.
D. That the Party will during the term of
this Agreement comply with the provisions
of this Agreement, of the Act, and of the
Rules and Regulations.
XIM Effective Dates. This Agreement In
binding upon execution and shall be effec-
tive for purposes of withdrawals from the
OCTOBER 9, 1971
19701
Interim Fund In accordance with Rules and
Regulations 1ssued by the Secretary and for
purMo-0 of depo-At the effective date(s)
shall be as prescribed In Joint Rules and
Regulations Isued by the Secretary and the
Secretary of the Treasury.
XIII. ModIfeation, Amendment and Ex-
tension. This Agreement may be modified,
amended. or extended by mutual consent.
IV7. Miscellaneous Provisions.A. The use
of headnotes at the beginning of the Articles
in this Agreement la for the purpose of
dmecription only and shall not be construed
limiting or in any other manner affecting
the subotance of the Articles themselves.
B. The "Secretary" shall mean the Secre-
t-iry of Commerce or any orcial or body
from time to time duly authorized to per-
form the duties and functlons of the Secre-
tary of Commerce under the Act (including
tho Administrator National Oceanic and
Atmospheric Atinistration, or his author-
ized delegate).
In witnes whereof. the Secretary and the
Party have executed this Agreement In dupli-
cate. effective as of the date hereinbefore first
mentioned.
UrrrzD STATzs or A rzC,
Sr CEARY oF CoMEC,
National Oceanic
and Atmospheric Administrator.
By---------- -.-.-......
(SrAL)
Attest: Party
tFR Doc.71-l4952 Filed 10-8-71;9:40 aml
 19702
Proposed Rule Making
DEPARTMENT OF THE TREASURY,
Internal Revenue Service
[26 CFR Part 1]
INCOME TAX
Percentage Depletion; Gross Income
From Property Other Than Oil and Gas
Correction
In P.R. Doc. 71-14344 appearing at
page 19256 in the issue of Friday, Octo-
ber 1, 1971, the following changes should
be made:
1. In 1.613-4(d) (4) (ii), the formula
should read as follows:
Mining Costs
Total Cosis x Gross Sales
= Gross Income from Mining.
2. In 1.613-4(d) (4) (v) (a), the ref-
erence "in this subdivision" should read
"in this subparagraph".
DEPARTMENT OF AGRICULTURE
Consumer and Marketing Service
[7 CPR Part 9051
[7 CFR Part 905]
ORANGES, GRAPEFRUIT, TANGER-
INES, AND TANGELOS GROWN IN
FLORIDA
Proposed Grade and Size Limitations
Consideration is being given to the
following proposals submitted by the
Growers Administrative Committee, es-
tablished under the marketing agree-
ment, as amended, and Order No. 905, as
amended (7 CFR Part 905), regulating
the handling of oranges, grapefruit,
tangerines, and tangelos grown in lor-
ida effective under the applicable provi-
sions of the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601-674). The proposals would
extend current grade and size limita-
tions, for the period October 18, 1971,
through October 1, 1972, applicable to
oranges, including Navel, but not in-
cluding Temple, Murcott Honey, and
Valencia, Lue Gim Gong, and similar late
maturing oranges of the Valencia type,
grapefruit, tangerines, and tangelos
handled between the production area and
any point outside thereof in the con-
tinental United States, Canada, or Mex-
ico; and oranges (except Navel, Temple,
and Murcott Honey oranges), grapefruit,
and tangelos handled to any destination
outside the continental United States,
other than to Canada or Mexico.
The proposed grade and size limita-
tions, for the specific varieties of oranges,
grapefruit, tangerines, and tangelos are
designed to continue in effect the current
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY,
quality and size requirements for such
fruits consistent with (1) the available
supply and the demand for such fruits;
and (2) improving returns to producers
pursuant to the declared policy of the
act.
The regulatory proposals are as
follows:
905.536 Orange Regulation 69.
(a) Order. During the period Octo-
ber 18, 1971, through October 1, 1972,
no handler shall ship between the pro-
duction area and any point outside there-
of in the continental United States,
Canada, or Mexico:
(1) Any oranges, except Navel, Tem-
ple, Murcott Honey oranges, and Valen-
cia, Lue Gim Gong and similar late
maturing oranges of the Valencia type,
grown in the production area, which do
not grade at least U.S. No. 1;
(2) Any oranges, except -Navel, Tem-
ple, Murcott Honey oranges, and Valen-
cia, Lue Gim Gong and similar late
maturing oranges of the Valencia type,
grown in the production area, which are
of - size smaller. than 21io inches in diam-
eter, except that a tolerance of 10 per-
cent, by count, of oranges smaller than
such minimum diameter shall be per-
mitted, which tolerance shall be applied
in accordance with the provisions for thle
application of tolerances specified in the
U.S. Standards for Florida Oranges and
Tangelos: Provided,That in determining
the percentage of oranges in any lot
which are smaller than 2iG inches in
diameter, such percentage shall be based
only on those oranges in such lot which
are of a size 2'io inches in diameter or
smaller;
(3) Any Navel oranges, grown in the
production area, which do not grade at
least U.S. No. 1 Golden; or
(4) Any Navel oranges, grown in the
production area, which are of a size
smaller than 25ik inches in diameter, ex-
cept that a tolerance of 10 percent, by
count, of oranges smaller than such mini-
mum diameter ihall be permitted, which
tolerance shall be applied in accordance
with the provisions for the application of
tolerances specified in the U.S. Standards
for Florida Oranges and Tangelos.
905.535 Grapefruit Regulation 71.
(a) Order. During the period Octo-
ber 18, 1971, through October 1, 1972,
no handier shall ship between the pro-
duction area and any point outside
thereof in the continental United States,
Canada, or Mexico:
(1) Any seeded grapefruit, grown in
the production area, which do not grade
at least U.S. No. 1;
(2) Any seeded grapefruit, grown in
the production area, which are smaller
than 31ic inches in diameter, except that
a tolerance of 10 percent, by count, of
seeded grapefruit smaller than such
OCTOBER 9, 1971
minimum size shall be permitted, which
tolerance shall be applied In accordance
with the provisions for the application
of tolerances specified In the U.S. Stand-
ards for Florida Grapefruit;
(3) Any seedless grapefruit, grown In
Regulation Area I, which do not grade at
least U.S. No. 1;
(4) Any seedless grapefruit, grown In
Regulation Area II, which do not grade
at least Improved No. 2; or
(5) Any seedless grapefruit, grown In
the production area, which are smaller
than 3i; inches In diameter, except that
a tolerance of 10 percent by count, of
seedless grapefruit smaller than such
minimum size shall be permitted, which
tolerance shall be applied In accordance
with the provisions for the application
of tolerances specificd in the U.S. Stand-
ards for Florida Grapfruit.
905.537 Tangerine Regulation 42.
(a) Order. During the period Octo-
ber 18, 1971, through October 1, 1972, no
handler shall ship between the produc-
tion area and any point outside thereof
in the continental United States, Canada,
or Mexico:
(1) Any tangerines, growm in the pro-
duction area, which do not grade at least
U.S. No. 1; or
(2) Any tangerines, grown In the pro-
duction area, which are of a size smaller
than 2Yjo inches in diameter, except that
a tolerance of 10 percent, by count, of
tangerines smaller than such minimum
diameter shall be permitted, which toler-
ance shall be applied In accordance with
the provisions for the application of
tolerances specified In the U.S. Stand-
ards for Florida Tangerines.
905.538 Tangelo Regulation 42.
(a) Order. During the period begin-
ning October 18, 1971, through October
1, 1972, no handler shall ship between
the production area and any point out-
side thereof In the continental United
States, Canada, or Mexico:
(1) Any tangelos, grown In the pro-
duction area, which do not grade at least
U.S. No. 1; or
(2) Any tangelos, grown In the pro-
duction area, which are of a size smaller
than 2wio inches In diameter, except that
a tolerance of 10 percent, by count, of
tangelos smaller than such minimum
diameter shall be permitted, which toler-
ance shall be applied In accordance with
the provisions for the application of
tolerances specified in the U.S. Stand-
ards for Florida Oranges and Tangelos,
905.539 Export Regulation 20.
(a) Order. During the period October
18, 1971, through October 1, 1972, no
handler shall ship to any destination
outside the continental United States,
other than to Canada or Mexico:,
(1),Any oranges, other than Navel,
Temple, and Murcott Honey oranges,
 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

The Federal Aviation Administration
proposes the following airspace actions:
I. Redesignate the Eglin AFB, Fla.,
control zone as that airspace within a 5-
mile radius of Eglin AFB (at. 3029'07"
N., long. 86'31'35" W.); within 5 miles
each side of the ILS localizer southeast
course, extending from the 5-mile-radius
zone to 18.5 miles southeast of the LMN;
within a 3-mile radius of Destin-Fort
Walton Beach Airport (lat. 3023'57" N.,
long. 8628'47" W.); within 2 miles each
side of the extended centerline of Run-
ways 14/32, extending from the 3-mile-
radius zone to 4 miles southeast of the
airport. -
2. Redesignate the Eglin AF Aux No. 9
(Hurlburt Field), Fla., control zone as
that airspace within a 5-mile radius of
Eglin AF Aux No. 9 (Hurlburt Field)
(lat. 3025'42" N., long. 8641'05" W.) ;
within 2 miles each side of Eglin VOR
285 radial, extending from the 5-mile-
radius zone to 1 mile west of the VOR;
excluding the portion within Eglin APB
control zone.
3. Alter Eglin AF Aux No. 3 (Duke
Field), FIL, control zone by providing in
its descriptions updated geographical
coordinates for Duke Field and the Bob
Sikes Airport.
4. Redesignate the Eglin AFB, Fla.,
transition area as that airspace extend-
ing upward from 700 feet above the
surface within a 9-mile radius of Eglin
APB (lat. 3029'07" N., long. 8631'35"
W.), Eglin AF Aux No. 3 (Duke Field)
(lat. 3039'01" N., long. 8631"25" W.)
and Eglin AF Aux No. 9 (Hurlburt Field)
''
(lat. 3025'42 N., long. 8641"05" W.);
within a.5-mile radius of Destin-Fort
Walton Beach Airport (lat. 3023'57" N.,
long. 8628'47"- W.) ; excluding the por-
tions within R-2909, W-151, Crestview,
Fia., transition area, and a 1.5-mile
radius of Fort Walton Beach Airport (lat.
3024'25" N., long. 86'49140" W.).
The proposed alterations are required
to provide controlled airspace protection
for IFR operations in the Eglin terminal
complex in accordance with Terminal
Instrument Procedures (TERP's) and
current airspace criteria.
These amendments are proposed under
the authority of sections 307(a) and 1110
of the Federal Aviation Act of 1958 (49
U.S.C. 1348(a) and 1510), Executive
Order 10854 (24 F.R. 9565) and section
6(c) of the Department of Transporta-
tion Act (49 U.S.C. 1655 (c)). -
Issued in Washington, D.C., on Octo-
ber 1, 1971.
H. B. HELSTROM,
Chief, Airspace and Air
Traffic Rules Division.
IFR Doc.71-14839 Filed 10-8-71;8:48 am]
[ 14 CFR Part 71 ]
[Airspace Docket No. 71-WE-321
TRANSITION AREA
Proposed Alteration
The Federal Aviation Administration
is considering an amendment to Part 71
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
PROPOSED RULE MAKING 19705
of the Federal Aviation Regulations that Since this action involves, In part, the
would extend the Monterey, Calif., Tran- designation of navigable airspace outside
sition Area westward to Include the un- the United States, the Administrator has
controlled a'rspace east of the Pacific consulted with the Secretary of State
Coastal Air Defense Identification Zone and Secretary of Defense in accordance
(ADIZ). with the provisions of Executive Order
Interested persons may participate in 10854.
the proposed rule making by submitting The proposed additional transition
such written data, views, or arguments area would be used for parallel vectors
as they may desire. Communications in sequencing San Francisco, Calif., and
should identify the airspace docket num- Oakland, Calif., arrivals, also to facili-
ber and be submitted in triplicate to tate handling of departures and arrivals
the Director, Western Region, Attention: r.t the Monterey Peninsula Airport, Mon-
Chief, Air Traffic Division, Federal Avia- terey. Calif.
tion Administration, 5651 West Manches- If this action is taken, the 1,200 feet
ter Avenue, Post Office Box 92007, World- portion of the Monterey, Calif., Transi-
way Postal Center. Los Angeles, CA 90009. tion Area would be amended to read as
All communications Teceived within 30 follows:
days after publication of this notice n the That airspace extending upward
FEDERAL REGISTER will be considered be- from 1,200
feet above the surface bounded by a line be-
fore action is taken on the proposed ginning at latitude 3705'00" N., longitude
amendment. The proposal contained In 122"43"15" W.. thence to latitude 3708'45"
*this notice may be changed 'n the light N., longtltude 12234"45 " W., thence south-
of comments received. east via V-27 to latitude 37'OOO" N., thence
An official docket will be available for t3 latitude 3700'00" N., longitude 12129'-
examination by interested persons at the 30" V., thence to latitude 36023'00" N., longi-
Federal Aviation Administration, offce tude 121"03'00" W., thence to latitude
of the General Counsel, Attention: Rules 36*03'30" N_.longitude 12129'00" VT., thence
southeast via V-27 to longitude 121*03"00"
Docket, 800 Indeuendence Avenue SW.. W.. thence to latitude 35130'00" N., longi-
Washington, DC 20590. An Informal tude 121-0320'" W., thence to latitude
docket also will be available for exami- 35'30'00' IT., longitude 121=37'00 W. thence
nation at the office of the Regional Air to the point of beginning.
Traffic Division Chief. (See. 307(a). 1110. Federal Aviation Act of
As parts of this proposal relate to the 1958. 49 U.S.C. 1348(a), 1510; Executive Or-
navigable airspace outside the United der 10854, 24 F.R. 9565: cec. 6(c), Department
States, this notice is submitted in con- of Transportation Act, 49 U.S.C. 1655(c))
sonance with the ICAO International Issued in Washington, D.C., on Octo-
Standards and Recommended Practices. ber 1, 1971.
Applicability of International Stand-
ards and Recommended Practices by the H. B. HrEsTRoxr,
Chief Airspace and Air
Air Traffic Service, FAA, in areas out-
side domestic airspace. of the United Traffic Rules Division.
States is governed by Article 12 of and IFR Doc.71-14840 Filed 10-8--71;8:48 am]
Annex 11 to the Convention on Interna-
tional Civil Aviation, which pertain to the
establishment of air navigation facilities National Highway Traffic Safety
and services necessary to promoting the Administration
safe, orderly and expeditious flow of
civil air traffic. Their purpose Is to Insure [ 49 CFR Part 571 ]
[Docket No. 69-7; Notice 121
that civil flying on international air
routes is carried out under uniform con-
ditions designed to improve the safety OCCUPANT CRASH PROTECTION
and efficiency of air operations. Proposed Standards for Explosive
The International Standards and Rec- Materials and Pressure Vessels
ommended Practices in Annex 11 apply
in those parts of the airspace under the The purpose of this notice is to pro-
jurisdiction of a contracting state, de- pose an amendment to Motor Vehicle
rived from ICAO, wherein air traffic serv- Safety Standard No. 208, Occupant Crash
ices are provided and also whenever a Protection, in 571.21 of Title 49, Code
contracting state accepts the responsi- of Federal Regulations, that will estab-
bility of providing air traffic services over lish requirements for explosive devices
high seas or in airspace of undetermined and pressure vessels used in occupant
sovereignty. A contracting state accept- protection systems. The proposed
ing such responsibility may apply the amendment responds to a petition sub-
International Standards and Recom- mitted by General Motors after the is-
mended Practices to civil aircraft in a suance of the occupant crash protection
manner consistent with that adopted for standard on March 3, 1971 (36 P.R.
airspace under Its domestic jurisdiction. 4600).
In accordance with Article 3 of the Crash-activated devices, such as in-
Convention on International Civil Avia- flatable cushions, presently being devel-
tion, Chicago, 1944, state aircraft are oped by several manufacturers as a
exempt from the provisions of Annex 11 means of meeting the passive protection
and Its Standards and Recommended requirements of Standard No. 208 gen-
Practices. As a contracting state, the
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-
international airspace with due regard ploy the systems. The shipment in inter-
for the safety of civil aircraft. state'conimerce of explosive devices and
 19706
compressed gases is governed by regu-
lations issued by the Hazardous Materials
Regulations Board (HIMRB) of the U.S.
Department of Transportation (49 CFR
Parts 170-189). These regulations in-
clude, inter alia, detailed requirements
with respect to the physical and chemical
properties of the devices, their marking
and their packaging. ,
Because the automotive industry vir-
tually universally makes interstate ship-
ment of its products, it appears certain
that any of these explosive and pressure
devices used in motor vehicles will be re-
quired to conform to the Federal regula-
tions cited above. The regulations do not,
however, apply directly to manufactur-
ers, but rather to carriers and persons
who deliver materials for shipment by the
carriers. It has been tentatively deter-
mined that these devices, when used as
motor vehicle equipment, should be
brought within the enforcement scheme
of the motor vehicle safety standards, in
order to place the responsibility directly
on the manufacturers who are best
equipped to insure compliance.
In addition to the Federal regulations
concerning these explosive devices and
pressure vessels, there is presently a
large and varying body of State and local
regulations controlling shipment and use
within their areas of jurisdiction. As Is
the case in other aspects of safety regula-
tions governing the manufacture of
motor vehicles, the national character of
the industry makes it highly important
that the regulations be substantially uni-
-form. The need for such uniformity is
clearly manifested in the legislative his-
tory of the National Traffic and Motor
Vehicle Safety Act, 15 U.S.C. 1391 et seq.
The Act provides for such uniformity in
section 103(d) (15 U.S.C. 1392(d)),
which requires that any State safety
standard applicable to the same aspect
of performance of the same vehicles as a
Federal safety standard must be identi-
cal to the Federal standard.
In accordance with these considera-
tions, it is proposed that Standard No.
208, Occupant Crash Protection, be
amended to provide that any explosive
devices or pressure vessels used in oc-
cupant protection systems shall conform
to the applicable regulations of the Haz-
ardous Materials Regulations Board of
the Departmefit of Transportation (49
CFR. Parts 170-189), with respect to the
physical and chemical properties, the
packaging, and the marking of those
items. The limitations on the areas of
regulation that would be adopted as part
of the safety standard are not intended in
any sense to suggest the inapplicability
of other aspects of the HVIRB regula-
tions to these items in their own terms.
They merely reflect the fact 'that the
safety standards are by 'statute limited
to the objective properties of the items
concerned, as contrasted, for example,
with quality control provisions that also
are part of the HDMR regulations.
It is assumed that if and when this
amendment becomes effective, any State
and local regulations that relate to the
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
PROPOSED RULE MAKING,
design or performance of the items con-
cerned, expressed as limitations on their
manufacture, shipment, or use, will be
required under section 103(d) of the Act
to be identical to the Federal standard.
Standard No. 208 would also be
amended to apply these provisions to the
equipment manufacturers, as well as the
manufacturers of vehicles in which the
equipment is included.
In light of the foregoing, it is pro-
posed that Standard No. 208, 49 CFR
571.21, be amended as follows:
1. The -following section would be
added:
S9. Explosive materials and pressure
vessels. Any explosive materials or de-
vices, and any vessels designed to contain
a pressurized fluid or gas, that are used
or intended for use in a motor vehicle
as part of a system designed to provide
protection to occupants in the event of
a crash, shall conform to all applicable
provisions of Parts 170 through 189 of
this subtitle that relate to the physical
and chemical properties, the packaging,
and the marking of those items.
2. S3. Application, would be amended
to read as follows:
S3. Application. This standard applies
to passenger cars, multipurpose passen-
ger vehicles, trucks, and buses. In addi-
tion, S9,Explosive materialsand pressure
vessels, applies to explosive materials or
devices, and to vessels designed to con-
tain a pressurized fluid or gas, for use
in the above types of motor vehicles.
Proposed effective date: January 1,
1972.
Interested persons are invited to sub-
mit comments on the revised proposals
as set forth below. Comments should
refer to the docket number and be sub-
mitted to: Docket Section, National
Highway Traffic Safety Administration,
Room 5221, 400 Seventh Street SW.,
Washington, DC 20590. It is requested
but not required that 10 copies be
submitted.
All comments received before the close
of business on November 15, 1971 will be
considered, and will be available for ex-
amination in the docket at the above
address both before and after the closing
date. To the extent possible, comments
filed after the above date will also be
considered by the Administration. How-
ever, the rulemaking action may proceed
at any time after that date, and com-
ments received after the closing date
and too late for consideration in regard
to the action will be treated as sugges-
tions for future rulemaking. The Ad-
ministration will continue to file relevant
material, as it becomes available, in the
docket after the closing date, and it is
recommended that interested persons
continue to examine the docket for new
materials.'
This notice of proposed rulemaking
is issued under the authority of sections
103, 112, and 119 of the National Traffic
and Motor Vehicle Safety Act (15 U.S.C.
1392, 1401, 1407), and the delegations of
authority at 49 CFR 1.51 and 49 CM,
501.8.
Issued on October 5, 1971.
RoiLrTT L. CAI11TER,
Acting Associate Administrator,
Motor Vehicle Programs.
(FRDoc.11-14882 Filed 10-8-.710:51 am)
FEDERAL RESERVE SYSTEM
[ 12 CFR Part 226 ]
[meg. Z]
TRUTH IN LENDING
Leap Year
1. Pursuant to the authority contained
in the Truth in Lending Act (15 US,C,.
1601 et seq., the Board of Goveinors
proposes to amend Part 226 (Regulation
Z), in the manner and for the reasons
set forth below:
Amend 226.6 by the addition of a new
paragraph (1) to read as follows:
226.6 General disclosure rcquieennts.
(1) Leap year. Any variance In the
amount of any finance charge, payment,
percentage rate, or other term required
under this part to be disclosed, or stated
in ay advertisement, which occurs by
reason of the addition of February 29
in each leap year, may be disregarded,
and such term may be disclosed or stated
without regard to such variance,
2. The amendment would permit
creditors to ignore any variance in terms
which occurs as a result of leap year, and
will facilitate the use of preprinted dis-
closures without the need for the prepa-
ration of new forms solely as a result
of leap year. In general any variance in
terms caused as a result of leap year will
be minor.
This notice is published pursuant to
section 553(b) of Title 5, United States
Code, and 262.2(a) of the rules of pro-
cedure of the Board of Governors of
the Federal Reserve System (12 CFR
262.2(a)).
To aid in the consideration of these
matters by the Board, interested persons
are invited to submit relevant data, views,
or arguments. Any such material should
be submitted in writing to the Secretary,
the Board of Governors of the Federal
Reserve System, Washington, D.C. 20551,
or to any Federal Reserve Bank for
transmittal to the Board, to be recoived
at the Board not later than November
15, 1971. Such material will be made
available for inspection and copying upon
request, except as provided in 261.6(a)
of the Board's Rules Regarding Avail-
ability of Information.
By order of the Board of Governors,
October 1, 1971.
[SEPL] TY NAN SMITH,
Secretary.
[FR Doc.71-14859 Filed 10-8-71,8.,0 am]
 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
(4) If a claim is made for loss of time
from his employment, a statement from
his employer showing actual time lost
from employment, whether he is a full-
or part-time employee, and wages or sal-
ary actually lost.
(5) If a claim is made for loss of in-
come and the claimant is self-employed,
documentary evidence showing the
amount of earnings actually lost.
(6) Any other evidence or information
which may have a bearing on either the
responsibility of the United States for the
personal injury or the damages claimed.
(c) Property damage. In support of a
claim for damage to or loss of property,
real or personal, the claimant may be
required to submit the following evidence
or information:
(1) Proof of ownership.
(2) A detailed statement of the
amount claimed with respect to each item
of property.
(3) An itemized receipt of payment for
necessary repairs or itemized written es-
timates of the cost of such repairs.
(4) A statement listing date of pur-
chase, purchase price, and salvage value,
where repair is not economical.
(5) Any other evidence or information
which may have a bearing on either the
responsibility of the United States for the
damage to or loss of property or the
damages claimed.
114.106 Authority to adjust, deter-
mine, compromise, and settle claims
in excess of $1,000.
(a) Upon presentation of a claim in an
amount exceeding $1,000 and appropriate
investigation thereof, the Board of Sur-
vey of the regional or district office to
which the claim was presented shall con-
sider all of the evidence and enter the
Board's findings of fact, conclusions, and
recommendations. There shall be ap-
pended to the Board's findings of fact,
conclusions, and recommendations, a
legal opinion of the Regional or District
Counsel regarding the liability of the
United States under the applicable State
law governing negligence and other re-
lated matters. The legal opinion shall also
frame the issues in such a way as to pro-
vide guidance to the Board of Survey in
performing its functions. Such opinion
shall be submitted to the Board of Survey
after investigation of the claim in ques-
tion but before the Board of Survey has
considered the claim. The Regional or
District Board of Survey shall establish a
case file containing all documents related
to the claim and the incident out of
which it arose. The file shall also contain
the Board's findings of fact, conclusions,
and recommendations, and the legal
opinion of the Regional or District Coun-
sel. The file shall be forwarded to the
Chairman of the Washington Board of
Survey after the Regional or District
Board of- Survey has performed its
'function.
(b) The Washington Board of Survey
shall review the case and submit its
recommendations in a report to the Sur-
vey Officer. A representative of the Office
of General Counsel, normally the non-
voting member of the Washington Board
of Survey, shall review the submitted
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
PROPOSED RULE MAKING
legal opinions regarding the liability of
the United States under applicable State
law governing negligence and related
matters and, in the event of disagree-
ment, shall render a separate legal opin-
ion to the Washington Board of Survey.
The report and legal opinion, if any,
shall be prepared in an original and
five copies and shall be attached to the
case file.
(c) If the Survey Officer approves the
recommendation of the Washington
Board of Survey to pay the claim, the
Chairman of the Washington Board of
Survey shall complete an original copy
of Standard Form 1145 and two memo-
randum copies of Standard Form 1145A,
"Voucher for Payment Under Federal
Tort Claims Act." The Chairman shall
forward said copies to the claimant for
his signature and acceptance.
. (d) Upon receiving the Standard
Forms 1145 and 1145A from the Claim-
ant, the Chairman of the Washington
Board of Survey shall attach the forms
to the case file and forward the file to the
Administrator or his designee for final
approval.
(e) If the Survey Officer disapproves
the recommendations of the Washington
Board of Survey that the claim be paid,
the case ifie shall be forwarded imme-
diately to the Administrator or his des-
ignee for final action. If the Adminis-
trator or his designee concurs with the
Survey Officer, this shall constitute a
final agency denial of the claim and ap-
propriate notice shall be given the claim-
ant as provided in 114.110. If the
Administrator or his designee disagrees
with the Survey Officer, Standard Forms
1145 and 1145A shall be prepared and
forwarded to the claimant as provided
for in paragraph (c) of this section.
After the claimant has signed and re-
turned them, the Administrator or his
designee shall sign them.
(f) If the Regional or District Board
of Survey or the Washington Board of
Survey recommends that the claim not
be paid, the claim shall nevertheless be
processed to final action by the Adminis-
trator or his designee through all the
appropriate stages outlined in the
preceding paragraphs of this section.
114.106-1 Authority of field offices to
adjust, determine, compromise, and
settle claims of $1,000 or less.
(a) Upon presentation of a claim in
the amount of $1,000 or less and appro-
priate investigation thereof, the Board
of Survey of the regional or district office
to which the claim was presented shall
consider all of the evidence and enter
the Board's findings of fact, conclusions,
and recommendations. There shall be ap-
pended to the Board's findings of fact,
canclusions, and recommendations, a
legal opinion of the Regional or District
Counsel regarding the liability of the
United States under the applicable State
law governing negligence and other re-
lated matters. The legal opinion shall also
frame the issues in such a way as to pro-
vide guidance to the Board of Survey
in performing its functions. Such opinion
shall be submitted to the Board of Survey
after Investigation of the claim in ques-
tion but before the Board of Survey has
considered the claim. The Regional or
District Board of Survey shall establish a
case file containing all documents related
to the claim and the incident out of which
it arose. The file shall also contain the
Board's findings of fact, conclusions, and
recommendations, and the legal opinion
of the Regional or District Counsel. The
file shall be forwarded to the Regional
or District Director after the Regional
or District Board of Survey has per-
formed its function.
(b) The Regional or District Director,
as ap-propriate, shall review the case and
issue his decision thereon. If the decision
is to pay the claim, he shall complete
an original copy of Standard Form 1145
and two memorandum copies of Stand-
ard Form 1145A, "Voucher for Payment
Under Federal Tort Claims Act." The
Regional cr District Director shall for-
ward said copies to the claimant for his
signature and acceptance. Upon receiving
the Standard Forms 1145 and 1145A from
the claimant, the Regional or District
Director shall attach the forms to the
case file and direct that payment be
made.
(c) If the Regional or District Director
denies the claim, this shall constitute a
final agency denial of the claim and ap-
propriate notice shall be given claimant
as provided in 114.110.
(d) Notwithstanding the foregoing, a
claim for $1,000 or less shall be processed
in accordance with 114.100 when the
Regional or District Board of Survey has
reason to believe that a related claim may
be fied in connection with the same in-
cident and the aggregate amount of such
claims will probably exceed $1,000, The
reasons for such belief shall be included
in the case file along with the findings,
conclusions, and recommendations,
(e)When an administrative claim
may be adjusted, determined, compro-
mised, or settled under the Federal Tort
Claims Act only after consultation with
the Department of Justice as provided in
114.107(b) (1), (2), (3), and (c), the
Regional or DitrIct Director shall for-
ward the case file to th' Office of General
Counsel, SBA Central Office, prior to de-
cision. The Regional or District Director
shall be guided in this respect by the
legal opinion of Regional or District
Counsel. After consultatlon with the Do-
oartment of Justice, the case file -hall
be forwarded by the Office of General
Counsel to the Washington Board of Sur-
vey for final processing In accordance
with 114.106.
114.107 Limitationq on autitority.
(a) An award, compromise, or settle-
ment of a claim in excess of $25.000 filed
under this part shall not be effected with-
out prior written approval of the U.S,
Attorney General or his designee. For
purposes of this paragraph, a principal
claim and any derivative or subrogated
claim shall be treated as a single claim.
(b) An administrative claim may be
adiusted, determined, compromised, or
settled under the Federal Tort Claims
Act only after consultation with the De-
partment of Justice when, in the opinion
 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
and exchange of power with a number of ad-
jacent systems, Including the Allegheny
Power System, CEI, Virginia Electric and
Power Co., Niagara Mohawk Power Corp., and
New York State Electric and Gas Corp.
Within or adjacent to the GPU territories
there are also some 26 smaller utility sys-
tems, including Investor-owned companies,
rural co-operatives, and municipal systems.
Twenty of these systems purchase all bulk
power supply from GPU companies. These
comprise four investor-owned companies in
Pennsylvania, ten municipals In Pennsyl-
vania, five municipals in New Jersey pur-
chasing from Jersey Central, and the Sussex
cooperative purchasing from Jersey Power.
In addition, GPU companies furnish partial
bulk power supply to the Allegheny Electric
Cooperative, Inc.
Allegheny Electric Cooperative Is an as-
sociation of 13 rural distribution coopera-.
tives operating In Pennsylvania and pres-
ently serving approximately 110,000 consum-
ers. Their territories are roughly within the
Penelec service area, although one member
cooperative is served both by Penelec 'and
Met-Ed and two others receive power from
West Penn Power Co., ai operating company
in the Allegheny Power System. Prior to 1966
the member cooperatives of Allegheny re-
ceived all their power requirements from
these major companies. Allegheny, itself, had
long been in existence, but became an op-
erative force only in the early 1960's. In 1965
It was able to arrange the purchase and de-
livery of substantial amounts of bulk power,
pursuant to preference customer entitlement
under 16 U.S.C. 836b(2), from the Niagara
power project of the Power Authority of the
State of New York (PASNY).
Since 1966, Allegheny has bought power to
meet all the requirements of its members and
resold It to the members at an average cost,
depending on load factors. As of 1970, the
Allegheny members required some 209 MW
of power, and about 50 percent of this was
purchased from PASNY. Uhder a Wheeling
and Supplemental Power Agreement, the two
GPU companies transmit the PASNY power
and also supply about 86 MAW of supplemental
vower (77 MW from Penelec, 9 from Mfet-Ed).
West Penn Power Co. supplies about 20 MW
for two cooperative members.2
In the Spring of this year Allegheny made
a specific request to GPU for an ownership
share in the Forked River nuclear plant, to-
gether with the necessary wheeling arrange-
ments 3to deliver Its share of the plant's
output. GPU responded that It had no ob-
jection in principle to such participation, but
questioned whether It would be in Alle-
gheny's best interests since the costs of the
unit most likely would be higher than pres-
ent average system costs. In any event, GPU
has assembled some cost data for Allegheny,
and the initial meeting to discuss the pro-
posal, several times postponed, is now sched-
uled for October 12, 1971.
Allegheny has thus not submitted any
specific proposals to serve as basis for nego-
tiations. Allegheny states that this would
require more data on the plant than has yet
been made available plus the contracting
of an engineering survey. The latter, It in-
dicates, would be too expensive to undertake
on a speculative 'basis, without some assur-
2 In addition, Sussex Rural Electric Coop-
erative in New Jersey, a prospective Allegheny
member, receives about 7 MW from Jersey
Power.
In this request Allegheny represents both
itself and the Sussex cooperative. Sussex has
applied for membership in Allegheny and has
been accepted by the Allegheny board. For-
mal admission to membership is awaiting
conclusion of arrangements for delivery of
a portion of PASNY power to Sussex.
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
ance that it would ultimately be permitted vides applicant with full access to the inter-
to obtain a meaningful participation in connected network of high-voltage transmis-
Forked River. Nevertheless, Allegheny has all sion ard to the economic beneits of
necessary approvals from its membership and coordination among electric utilities In bull,
is already in the process of obtaining REA power production.
financing for participation in the project. Such an analysis . ppears equally valid here.
Another request for participation in Forked The request of Allegheny Electric Coopera-
River Is now being formulated by the Penn- tive and PMUA for participation in owner-
sylvania Municipal Utilities Association ship and output of the Forked River unit
(PMUA). This is an association of some must be viewed In th6 light of principlei de-
25 of the municipal systems in Pennsylvania. veloped by the Courts in construing the
The majority are located east of Harrisburg Sherman Act with respect to those control-
and are bulk power purchasers from Penelec, ling an essential resource. This principle vm
fet-Ed, or Pennsylvania Power & Light: The clearly stated and applied very recently in
borough of Middletown, for itself and as a the electric power field:
member of PIUA, has advised us of its inter- Pertinent to an examination of the law is a
est in obtaining an ownership share in reference to cases expressive of the "bottle-
Forked River in order to be able to partici- neck theory" of antitrust law. Thi theory re-
pate in the economies of scale the investor- flects in essence that it Is an Illegal restraint
of trade for a party to foreclose others from
owned utilities enjoy by installing large
generating units. It asserts that if the Forked the use of a scarco facility. Here the theory
River "license were granted, conditioned finds application in Otter Tail' use of Its
upon the willingness of investor-ovned com- subtransmission lines. One authorlty ("A. D.
panies to allow small consumer systems to Neale, The Antitrust Laws of the U.S.A.,"
participate as part owners of the generating Cambridge University Pres at 67 (1900))
capacity and as users of transmission facil- believes:
ities, the small consumer systems could ef-
"The Sherman Act requires that where fa-
fectively compete (for load growth). Without cilities cannot practically be duplicated by
such a condition, It is my view the con- would-be competitors, those in po,ession of
sumer system will continue in existence only them must allow them to be shared on fair
for a few years." terms,"
Competitive implications.In earlier letters This statement epitomizei the holdings in
of advice to the Commission we have noted federal cases which have established the prin-
the significant degree to which competition ciple: "United States v. Terminal Railroad
can, and does, function effectively in the Assoc.," 224 U.S. 383, 32 S. Ct. 607
(1912):
electric utility industry, particularly at the "Gamco, Inc. v. Providence Fruit &
Produce
wholesale level and In efforts to attract new Building Inc," 104 F. 2d 484 (1st Cir. 1962):
loads to a particular service area. While we "Packaged Programs, Inc. v. Westinghouse
have not yet had the opportunity to make Broadcasting Co.," 256 V. 2d 708 (3d Cir.
a detailed analysis of the degree of competi-
1958), "Six Twenty-Nine Productions, Inc. V.
tion which has existed between applicant Rollins Telecasting. Inc.," 305 F. 2d 478 (6th
and the smaller systems comprised in the Cir. 1960).
Allegheny Electric Cooperative and PAIUA
groups, the industry structure In the region The bottleneck principle is applicable to
should provide opportunity for the existence Otter Tail. Its control over transmssion fa-
cilities in much of its service area give3 It
of vigorous competition. The factor which,
sdbstantial effective control over potential
over the long run, would seem mcst likely
competition from municipal ownership, By
to impair the functioning of that competi-
tion would be the inability of the smaller its refusal to sell or wheel power, defendant
prevents that competition from surfaoing.'
utilities to obtain access to bulk power sup-
plies which are priced competitively with The Forked River unit should be regarded
those available to applicant. as an "essential resource" to which acces
must be open if, as a matter of factual
Our previous letters of advice have noted
that there are major economies of scale in analysis, it appears that the persons seling
bulk power production and substantial ad- access have no reasonably comparable alter-
vantages to be derived from utilities' joining native for meeting their future bulk power
to share reserves and coordinatb bulk'power requirements. In some Instances, smaller
development. As we outlined above, appli- utilities may have opportunities to purohao
&ant's generation expansion program over blocks of generating capacity and their only
the past decade or so has been heavily de- requirement would be for reasonable access
to wheeling rights over the Interconnected
pendent upon joint action, largely within
the framework of its participation in the high-voltage transmislon network. Alle-
PJM pool. Consequently, it has been able gheny Electric Cooperative has had come
to acquire ownership interests in very large- succes3 in obtaining competitively priced
scale generating units and to benefit from bulk power supplies from the Novi York
the kinds of coordination which its inte- Power Authority (PASNY)2 and there is ap-
gration into the regional high-voltage trans- parently still some possibility that a rela-
mission network make possible. Although tively small dncrement In that supply could
the Forked River unit is presently proposed bb made available. It would seem unllkely,
to be undertaken by applicant without the however, that PASNY could be relied upon
direct participation of any of its pooling as the supplier of substantially all the power
partners, it seems clear that applicant's par- which will be needed to meet the Coopera-
ticipation in PJM and the other joint genera- tives' load growth. Perhap3 the most de-
tion projects will provide critically necessary pendable evidence of that Is the persistent
support for the undertaking. In our letter efforts of the Cooperative since 1900 to ob-
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
portion of its future generation requirements ' "United States v. Otter Tail Power Co." D.
from the Midland units cannot be viewed in
linn. Civ. No. 6-69-139, p, 12, decided Sop.
isolation from the rest of its bulk power tember 9, 1971.
supply program. In particular, it Is appli-
0 The importance of PASNY power to Alle-
cant's participation in the Michigan Pool gheny is illustrated by comparison of the
which establishes an economic framework
1970 average costs per kw.-hr of bulk power
sufficient to support the feasibility of Install- received from its various suppliers. The cost
ing such large-scale base-load generating
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
terconnections which applicant maintains
costs from Penelec and Met-Ed averaged, re-
with large systems outside Michigan, pro- spectively, 8.62 and 9.79 mills per kw.-hr.

indicated, the Pennsylvania municipal sys-
tems have continued to be total-require-
ments wholesale purchasers from GPU and
the other large systems, and it seems less
likely that they would have an independent
alternative in bulk power supply competitive
with that to be obtained from participation
in Forked River.9
It inav become entirely unnecessary to
resolve the factual question of the adequacy
of the bulk power alternatives open to Alle-
gheny Electric Coooerative and PMUA In
view of the representation of GPU that it Is
amenable in princlale to their participation
in Forked River and willing to negotiate over
snecific proposals to obtain such participa-
tien. But it would seezA premature to con-
clude that GPU's representation adequately
resolves the antitrust issues surrounding
the present application. Both Allegheny and
PMUA exoress concern over whether GPU's
asserted willingness to discuss participation
in Fcrked River will lead to a serious offer.
Thus Allegheny states:
"The- greatest hazard to our assured right
to participate in the Forked River project or
similar ventures would be protracted delay
resulting .from company willingness to talk,
but without ever reaching agreement.'
In order to u-sderstand the -uncertainties
and difficulties which cloud the prospect of
voluntary discussions and negotiations, it
is .necessary to review some of the back-
ground of the relationships between the
parties. In 1961 Allegheny was notified by
PASNY that it would be entitled to prefer-
erce power from New York If transmission
could be arranged. After a long perlod' of
negctiations. Allegheny concluded a Wheel-
ing and Supplemental Power Agreement with
Penelec and Met-Ed in 1965: and deliveries
under the Agreement began in 1966. In 1969
Allegheny was notified of availability of an
additional 30 MW of firm PASNY power If
Wheeling could be arranged. Allegheny then
asked GPU to undertake negotiations look-
ing toward the necessary revision and ex-
pansion of the Wheeling Agreement. Later,
in the Spring of 1971 the GPU companies
gave Allegheny notice that the Wheeling
- and Supplemental Power Agreement would
be terminated as of November, 1973. Alle-
gheny immediately requested its renegotia-
tion. So far, however, no real negotiations
have taken place on. either of these matters.
Moreover, since 1966 Allegheny has requested
participation in each of GPU's new base load
generating projects. Until the Forked River
request, each time its request had been
denied.
Our discussions with both Allegheny and
GPU officials reveal quite opposite charac-
SThe Borough of Middletown, a full-
requirements wholesale customer of Mfet-Ed,
asserts that it has requested an arrangement
for the use of GPU generation and transmis-
sion facilities similar to the arrangement
that GPU has -with Allegheny. This would
have enabled Middletown to seek a, share
in PASNTY power. It claims that GPU denied
the request. Il addition, Middletown indi-
cates that It has attempted to negotiate for
other sources of lower cost bulk power, which
would involve use of GPU's transmission
lines for delivery. GPU allegedly has refused
to realistically discuss use of its lines for
this purpose. PAIUA indicates that it. too.
has been unsuccessful in its requests to
GPO and other major utilities for either par-
ticipation in generation facilities or wheeling
of bulk power purchased elsewhere. On the
other hand, GPU denies knowledge of any
such requests. It represents that if. apart
from casual conversation, a serious request
had been made, it would have been given
serious consideration.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
terizatlons of this background. Allegheny
alleges that the long period of negotiatlons
over the Wheeling and Supplemental Power
Aireement-1961 to 1965--was occasioned by
protracted dilatory tactics by GPU. During
this perlcd Allegheny made several studies
on ithe feasibfllty'of building Its own genera-
ticn and transmission facilities and had ar-
ranged for REA financing toward this end.
Allegheny believes that GPU finally entered
into the Agreement only in order to forestall
the more threatening alternative of an Inde-
pendent transmission system in Its area.
Allegheny finds a similar pattern of dilatory
tactics by GPU In the long delays over nego-
tiating delivery of additional PASNY power
and renegotiating the terminated basic
Agreement.
GPU represents a very different version of
these events. It asserts that earlier requests
for particloation In specific generation facili-
ties could not be granted because they were
made too late; Dartlclpatlon in total plant
output had already been fully subscribed by
other companies. In the only Instances In
which the coops had made a timely requet-
Seneca, and Forked River--GPU had demon-
strated Its complete willingne.s to grant
participation. Even before Forked River. It
expressed to Allegheny offlclals Its wllingneas
to grant participation In future base load
generating facilities, though Indicating
doubts that such participation would be In
the best interests of Allegheny.
GPIU has also denied engaging In any dila-
tory tactics In negotiations with Allegheny.
It asserts that in view of the complex cost
and engineering data to be dealt with. normal
progress was made In both the original neg -
tiations on delivery of PASNY power and In
the negotiations over delivering the supple-
mental power. The principal delay GPU at-
tributes to negotiations between Allegheny
and PASNY, and a subsequent New York
State hearing, on the entitlement. Indeed.
GPU asserts that It miterlally asted Alle-
gheny In obtaining Its entitlement, at a time
when New York officlals were reluctant to
permit PASNY power to be taken by out-of-
State Interests. As for pending negotiationz
on bulk power supply and on Forked River.
GPU attributes delays to questions between
Allegheny and PASNY on the exact amount
of additional entitlement, the pre s of other
business, and the need at the outset to de-
velop relevant cost and other data. Neverthe-
less, some discussions and correspondence
have taken place between the parties on these
matters, and on July 28, 1971. GPU cent
Allegheny cost estimates for Forked River.
While many of the facts about GPU's re-
lationships with municipal and cooperative
systems are presently In conflict, there is
some clear and objective evidence of re-
straints Imposed by GPU on their develop-
ment of competitive bulk power supplies.
The Wheeling and Supplemental Power
Agreement which Penelec and Met-Ed have
each entered with Allegheny places re3tric-
tions on the resale of both PASNY and sup-
plemental power sold and delivered to Alle-
gheny. With one exception neither Allegheny
nor Its members may make any such power
available to any other utility system for re-
'The Seneca pumped-storage units had
originally been Initiated In 190 by GPU and
the coons as a jointly owned undertaking.
Allegheny claims that it withdrew because
the arrangements required purchase of all
its sunplemental power from GPU at unfav-
orable rates and it had meanwhile learned of
the availability of substantially larger
amounts of PASNY power than would have
been provided by Its projected small owner-
ship in Seneca.
19713
cale.P It is firmly established that an agree-
ment restricting the category of customer to
whom a product may be resold is unlawful
per so under section 1 of the Sherman Act.
"United States v. Arnold, Schwinn & Co.",
388 US. 365.379.
The same agreement also provides that a
distribution coop may not operate any other
source of power In parallel with that supplied
by GPU without mutual agreement. Techni-
cal problems doubtless may arise in some
cases of parallel operation of two sources of
power, and these must be provided for by
arrangements to ensure system reliability.
But this provision would appear to go beyond
that need and give GPU a veto power over
the wholesale customer's ability to obtain
alternate sources of bulk power, either by
celf-generation or outside purchase, unless
such alternate power can be used on an iso-
lated segment of Its sy temP
Althoug the fact that these provisions
exist Is relevant In evaluating the past re-
l-tAonships between GPU and the smaller
systems in Its area, It should be noted that
GPU's counsel has represented to us that the
company is willing to proceed promptly to-
ward the elimination or suitable rer-ion of
all unreasonably restrictive provisons In
wholesale rate schedules.
Conclusion. Our review of the presently
available Information "n led to the conclu-
slon that Lrsunce of the license sought
herein without providing for access to par-
ticlpatlon in the unit by Allegheny Electric
Cooperative and PMUA could create or main-
t3n a situation Inconsistent with the antl-
trust laws As matters now stand, we would
thus recommend a bearing to resolve the
relevant factual Issues. We do attach con-
siderable importance to GPIJ's a=nounced-
willingness to accept the direct participation
of Allegheny Electric Cooperative and PMUA
in the Forked River unit and to negotiate In
good faith over specific proposals for such
partlcipation. Such a commitment, together
i lth the commitment to remoe unreason-
able restrictive provisions in wholesale rate
chedules. If fully Imp lemented, would sati-
factorily resolve the antitrust ises with
which we are here concerned.
In view or the history of the relationships
among the parties, set forth above, we do not
think It would be appropriate to rely entirely
on the outcome of voluntary discussions and
negotlations among the parties. In the most
favorable of circumstances such negotiations
are likely to be complex and time-consurng.
We note, however, the estimate in your
transmittal of this application -thata public
hearing on health and safety aspects of this
application will be commenced no earlier than
January 1972. and It seems unlikely that the
antitrust hearing on this application could
bo scheduled before the spring of 1972.
1 Wlth GPU consent Allegheny sells 50 kvv.
to New York State Electric and Gas Corp.
under a long-standing arrangement whereby
the latter serves at retail a number of the
members of Claverack Rural Electric Coop-
erative (an Allegheny member).
DTwo of GPU'a wholesle power contracts
with municipsla aL c.tsrn restrictive pro-
visions. Penele:'G contract with the Borough
of Smethport also contains provisions against
any resale of purchased power, except as
provided In the tariff schedule, without the
written consent of Penelec, and against use
of any other source of power In conjunction
with Penelec's without the written consent
of the latter. 'Met-Ed's contract with the
Borough of Middletow'n prohibits Middle-
town's use of purchased power to compete
In the supply of electric service to any exist-
Ing customers of Met-Ed.
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


form the organization without first ob-
taining Board approval of such discus-
sions; and that the carriers have no
general immunity and authority to en-
gage in discussions among themselves
and with foreign air carriers without
first obtaining Board approval. Further,
ACAP contends that the supplemental
carriers have not established any neces-
sity for a private international organiza-
tion; and that the history and growth of
the supplemental industry testify to the
absence of any such necessity since these
carriers have successfully competed
among themselves, as well as against the
international scheduled carriers, largely
because of their freedom from the
"monopolistic restraints" of an industry
trade association. In this context ACAP
indicates that before the Board can
grant antitrust immunity there must be
a showing that the agreement is "re-
quired by a serious transportation need
or in order to secure important public
benefits."'
IACA has responded that there is no
merit to the foregoing allegations; that it
is only where intercarrier discussions
relate to terms and conditions of service
or other matters affecting competition,
that Board approval is necessary; and
that ACAP has misconceived the Board's
"accepted practice." Further, it states
the Act does not impose a burden on the
agreeing carriers to establish affirma-
tively the "necessity" for the proposed
agreement; and that the "Local Cartage"
rule is inapposite since it applies only
to agreements "plainly repugnant to
antitrust principles." In any event, the
airlines believe that the organization of
IACA is essential since the supplemental
carriers are "step-children" of the inter-
national aviation community, are un-
protected by any bilateral agreement,
-have been subjected to arbitrary, dis-
criminatory and restrictive landing
rights practices by foreign governments,
and have been without a voice in inter-
national forums, such as ICAO.
ACAP believes that approval of the
agreement would be tantamount to the
Board's surrendering its regulatory
powers to other governments by permit-
ting foreign charter carriers and their
governments to acquire authority to
prescribe charter policies for the U.S.
Government even against the wishes of
U.S. carriers who constitute a minority in
IACA. It also believes that the agree-
ment is overly vague and is not a prdper
subject for Board consideration, stating
that the agreement does not inoieate the
rationale for IACA's proposed activities
or functions; that the major stated pur-
3Without specifically citing the particular
cases. ACAP refers in general terms to Bloard
approval for discussions on air freight claim
and liability rules and practices, and on re-
duction of capacity. See Airline Aereements
on Air Freight Tariff, Liability, Claims and
Credit Rules. Order 68-8-18. Aug. 6, 1968,
and application of Trans World Airlines, Inc.,
to Engage in Capacity Reduction Discussions,
Order 71-3-71, March 11, 1971.
'Local Cartage Case, 15 CAB 850, 853
(1952).
6Ibid.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY,
NOTICES
poses could be achieved without IACA;
that the organization will impose re-
straints on free competition by reason of
the membership requirements, dues and
special assessments; and that the agree-
ment gives no assurance that the car-
riers will abstain from discussing such
mattbrs as capacity, market sharing.
rates and fares, and other economic and
commercial aspects of air charter service.
IACA rejects the foregoing contentions
as baseless stating that the Board relin-
quishes nothing by approving the agree-
ment; that the foreign charter carriers
and their governments will not acquire
authority to prescribe U.S. charter poll-
cies, and that all of the prospective for-
eign carrier members of IACA are pri-
vately owned, not owned by foreign
governments. As to the "vagueness" of
the agreement, IACA states that the
goals or purposes of the organization are
set out as specifically as possible given
the wide-ranging role intended; and that
the intended goals could not be otherwise
achieved. With respect to membership
IACA believes that it is not unreason-
able for an organization of charter air-
lines to require that an applicant have
at least some record of experience- and
responsibility in the operation of large
aircraft. On the subject of dues and
assessments, IACA notes that every car-
rier, large and small, would have equal
representation on the Policy Board and
it is likely that the small rather than the
large carriers will hold the balance of
power, thus obviating any exorbitant
dues and assessments against small air-
lines. As to the absence of express assur-
ance in the text of the agreements that
the agreeing carriers will abstain from
fixing prices, dividing markets, etc.,
IACA believes that it Is enough to say
that Board approval would not authorize
any such conduct.
Finally, ACAP ouestions the role of
NACA in formulating the IACA agree-
ment indicating that such activities are
beyond its scope of authority granted
by the Board. ACAP believes the Board
should initiate an investigation into this
and other "questionable" activities of
NACA before any examination of the
merits of the agreement under considera-
tion.
IACA submits that there is no basis for
the implication that NACA's role In the
formition of IACA is improner since the
NACA carriers are actively interested in
the formation of an international asso-
ciation because they have suffered at the
hands of foreign governments (e.g., in the
area of landing rights) and see an urgent
need to promote greater acceptance of
their services in foreign countries. NACA
and its attorneys, IACA states, have filed
apd sought approval of the agreement
because, pursuant to the agreement, the
carriers apuointed NACA as their attor-
ney in fact.
No other comments have been received.
Upon consideration thereof, the Board
-find- that the agreement constitutes a
cooperative working arrangement among
air carriers and foreign air carriers af-
fecting air transportation, and, accord-
ingly, is subject to section 412 of the Act.
OCTOBER 9, 1971
19715
The Board has carefully considered the
comments and reply comments and finds
no cause at this time to grant the request
of ACAP that the agreement be disap-
proved or that an investigation be in-
stituted into the activities of NACA which
culminated in the formation of IACA.
Rather, we have decided to grant tenta-
tive approval of the agreement subject
to the conditions hereinafter discussed 5
We shall, however, comment on several
of ACAP's contentions.
First, we note that ACAP contends
thit the parties to the agreement en-
gaged illegally in discussions preliminary
to the agreement. While the Board has
traditionally assumed jurisdiction over,
and on many occasions has permitted,.
intercarrier discussions of such matters
as scheduling at congested airports, re-
duction of capacity in certain markets,
air freight rules, baggage rules and prac-
tices, and a number of other subjects,
subject to close monitoring by the Board,
It has not in the past assumed jurisdic-
tion over discussions which may have led
to the formation of trade associations of
the typa contemplated here.! Indeed, no
showing has been made in this instance
that discussions preliminary to formation
of the organization related to terms or
conditions of service or other matters af-
fecting competition; or that prior Board
approval of the dis.ussions otherwise was
appropriate or necessary under the stat-
ute or pursuant to Board policy. Thus,
we are unpersuaded on the basis of the
facts before us that such discussions as
may have been held among the parties
to the agreement are inconsistent with
established antitrust principles, or with
previous Board actions with respect to
the formation of trade associations.
We have noted ACAP's general con-
tention that a need for the international
organization has not been established
since the carriers have already success-
fully competed among themselves and
against the scheduled carriers; and that
no showing has been made that the
agreement is "required by a serious trans-
portation need or in order to secure im-
portant public benefits." We accept in
general the carriers' contentions as to
the desirability for the international
body and believe that It will provide a
proper forum for consideration of prob-
lems of mutual concern to the member-
ship. We wish to emphasize, however.
that the activities of IACA, like other
trade associations, would be closelymoni-
tored through the conditions proposed
herein, and that any future discussions
which normally would fall within the
Board's Jurisdiction certainly would re-
quire prior Board approval. As to appli-;
cation of the "Local Cartage" principle
to the "need" for the agreement, we are
unable to conclude that ACAP has shown
aInterested perzons wil be given the op-
portunity to file comment, on the approval
tentatively granted herein (cee infra. p. 12).
iCr. Air Freight Forwarder ASSOCIation,
Order E-18818. Sept. 21. 1962: National Air
Taxi Conference. Order E-19008, Nov. 14.
1962: and National Air Carrier Association.
Order E-19232, Jan. 25, 1963.
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


receipt by 1ACA, as the case may be. As
to documents heretofore created, it shall
be done within 90 days after imposition
of this condition.
(b) All such documents which IACA
elects to keep in its possession or control
shall be kept in a separate file or files in
the charge of an appropriate principal
officer of IACA or of its legal staff.
(c) The air carrier members of IACA
shall quarterly report to the Board how
many documents have been segregated in
the above-described confidential files.
(d) Upon request of the Board, IACA
shall furnish the Board with a list of all
documents so segregated, such list to give
the date, author, and addressee of each
document or communication, and as de-
tailed a description of its contents as
preservation of confidentiality will
permit.
11. That IACA and its air carrier mem-
bers agree that the Board and its au-
thorized agents shall have aces to and
authority to inspect all accounts, records,
and memoranda, including all docu-
ments, papers, and correspondence be-
longing to or in possession of IACA, other
than documents, papers, and correspond-
ence segregated in accordance with the
procedures specified by paragraph 10 of
this order: Provided, however, That the
Board shall have access to and authority
to inspect all such segregated materials
except those which are in fact legally
privileged against disclosure by reason
of an attorney-client privilege which
1ACA (or, as to documents heretofore
created, a member of IACA) is entitled
to assert.
In its final order in this proceeding the
Board will retain jurisdiction for the
purpose of imposing such further con-
ditions as it may from time to tfe find
to be required in the public interest, and
will preclude its approval from constitut-
ing authority to IACA for the discussion
of rates and fares.
Accordingly, it is ordered, That:
1. Action on-Agreement CAB 22545 be
and it hereby is deferred for a period
of thirty days to permit the filing of
comments by interested persons- ela-
tive to the Board's tentative decision
herein; ' and"
2. A copy of this order shall be served
on all supplemental air carriers, IACA,
the Department of Justice, and the
ACAP.
This order shall be published in the
FEDERAL REGISTER.
By the Civil Aeronautics Board.
[SEAL] HARMY J. ZnIM,
Secretary.
[IF floc.71-14878 Filed 10-8-71;8:51 am]
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
Practice in Economic Proceedings (14 CAB Air Transport Association (IATA) and
302). Further, snce an opportuntty to file
comments is provided for, pettons for re- adopted pursuant to the provisions of
bonsideraticon of tls order will not be Resolution 590 dealing with specific com-
entertained.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
[Docket No. 22628; Order 71-9-891
INTERNATIONAL AIR TRANSPORT
ASSOCIATION
Order Regarding Fare Matters
Issued under delegated authority
September 24, 1971.
An agreement has been filed with the
Board, pursuant to section 412(a) of the
Federal Aviation Act of 1958 (the Act)
and Part 261 of the Board's Economic
Regulations, between various air carriers,
foreign air carriers, and other carriers,
embodied in the resolutions of Tramic
Conference 1 of the International Air
Transport Association (IATA). The
agreement, which was adopted pursuant
to the provisions of Resolution 072 deal-
ing with the establishment of special
creative fares within the Westem Hemi-
sphere, has been assigned the above-
designated CAB agreement number.
The agreement, as proposed by Aero-
naves de Mexico, would establish a
round-trip 5/21-day excursion fare be-
tween Phoenix and Ciudad Obregon at
a level of $60, which provides a reduction
of about 25 percent from the currently
effective round-trip economy-class fare.
Pursuant to authority duly delegated
by the Board in the Board's regulations.
14 CFR 385.14, It is not found, on a ten-
tative basis, that the subject agreement
is adverse to the public Interest or in
violation of the Act.
Accordingly, it is ordered, That:
Action on Agreement CAB 22681 be
and hereby is deferred with a view to-
ward eventual approval.
Persons entitled to petition the Board
for review of this order, pursuant to the
,Board's Regulations, 14 CFR 385.50, may,
within 10 days after the date of service
of this order,-file such petitions in sup-
port of or in opposition to our proposed
action herein.
This order will be published In the
FEDERAL REGISTER.
[sEAL] HARRY J. Znnc,
Secretary.
[FR Dac.71-14880 Fied 10-8-71;8:51 am]
INTERNATIONAL AIR TRANSPORT
ASSOCIATION
Order Regarding Specific Commodity
Rates
Issued under delegated authority Oc-
tober 4, 1971.
An agreement has been filed with the
Board pursuant to section 412(a) of the
Federal Aviation Act of 1958 (the Act)
and Part 261 of the Board's Economic
Regulations, between various air car-
riers, foreign air carriers, and other car-
modity rates.
197
The agreement, adopted pursuant-to
unprotested notices to the carriers and
promulgated in IATA letters dated Sep-
tember 16, September 20, and Septeni-
ber 27, 1971, names additional rates
under existing and new commodity de-
scriptions. These rates, which reflect sig-
nfleant reductions from the general
cargo rates, are set forth in the attach-
ment hereto.
Pursuant to authority duly delegated
by the Board in the Board's Economic
Regulations, 14 CFA 385.14, it is not
found, on a tentative basis, that the sub-
ject agreement is adverse to the public
interest or in violation of the Act, pro-
vided that eventual approval thereof is
conditioned as herein ordered.
Accordingly,it is ordered,That:
Action on Agreement CAB 22332, 1-29
through R-36, be and hereby is deferred
with a view toward eventual approval,
provided that approval shall not con-
stitute approval of the specific com-
modity descriptions contained therein
for purposes of tariff publication: pro-
vided further that tariff filings shall be
marked to become effective on not less
than 30 days' notice from the date of
filing.
Persons entitled to petition the Board
for review of this order pursuant to the
Board's Regulations, 14 CFA 385.50, may,
within 10 days after the date of service
of this order, file such petitions in sup-
port of or in opposition to our proposed
action htreln.
This order will be published in the
FERAL REGISTER.
[SEAL] HARRY J. ZINK,
Secretary.
[FRDoc.71-14879 Filed 10-8-71;8:51 aml
[Docket No. 11278, etc.; Order 71-10-271
NEW YORK-SAN JUAN CARGO
RATES INVESTIGATION
Order To Show Cause
Adopted by the Civil Aeronautics
Board, at its Office in Washington, D.C.,
on the 6th day of October 1971.
Following -n investigation, Docket
11278 et al. the Board issued Order E-
23431, decided March 28, 1966,1 estab-
lsbing minimum general commodity
rates between New York, Newark, Phila-
delphia, Baltimore, and Washington, on
the one hand. and San Juan, P.R., on the
other. The order also established, inter
alia. (1) minimum specific commodity
rates for any quantity of printed matter
(books, Braille type machinery, catalogs,
newspapers and periodicals) at 50 per-
cent of the minimum general commodity
rates for shipments less than 100 pounds,
(2) a minimum charge of $7 per ship-
ment, (3) a cube rule reflecting a mini-
mum weight of 7.3 pounds per cubic foot,
- I The effectivene-s of thl order was stayed
by Order F-23582. but It was made effectfve
In modified form on reconsideration by Order
E-23840, JurIe 21, 1966.
 19718
and (4) a requirement that the carriers
not publish or participate in through or
proportional joint rates lower than the
above minimums.
The above order provided that the
Board would retain jurisdiction to modify
or revoke it without further hearing. We
now2propose to revoke this order as modi-
fied. Interested persons will be given an
opportunity to file answers in support of,
or in opposition to, this proposal.
The order has been modified several
times to permit discounts for container-
ized shipments without hearing, in con-
sideration of the power the Board re-
served in the original minimum rate
order and the fact that no hearing was
requested by any party (Orders 69-4-32,
April 4, 1969; 70-2-97, February 24, 1970;
70-4-138, April 28, 1970; and 70-7-23,
July 6, 1970). These orders were super-
seded by Order 71-2-81, February 17,
1971, which contains a complete sched-
ule of modifications to the basic orders
as related to container traffic.
In its basid minimum rate decision,
Order E-23431, supra, the Board ex-
pressed its concern that minimum rates
would reduce the flexibility of carrier
management in the establishment of
rates. We stated:
Experience indicates the importance of
relieving the air carriers of the burden of
operating under a minimum rate order as
soon as possible in the circumstances of each
case and allowing the carriers to resume their
statutory responsibility fop establishing just
and reasonable rates for air transportation,
subject to the Board's authority to suspend
and investigate any tariff rates that appear to
be outside the zone of reasonableness.
Accordingly, we conclude that the mini-
mum rate order in this proceeding should
remain in effect only so long as is necessary
for the carriers and shippers to adjust them-
selves to the new rate structure and for.the
market to become stabilized.3 We have there-
fore determined to make the order effective
for a specified period of time, pursuant to
section 1005(a) of the Act. Although the
record contains no indication of what a rea-
sonable period of applicability would be, we
conclude that a 7-month period should be
sufficient as a stabilization period. However,
since the parties have not addressed them-
selves to this matter, careful consideration
will be given to any petitions for reconsider-
ation on this point.
A number of carriers petitioned for
reconsideration of the above 7-month
limitation, essentially on the ground that
the rate war that resulted in the pre-
scription of minimum rates would be
resumed. The Board thereupon revised
its decision, to make the minimum
rate order effective indefinitely, Order
E-23840, June 21, 1966. We asserted,
however, that the traffic and revenue
data required of the carriers would enable
the Board to monitor the effect of the
prescribed rate structure on the market
and to determine when the market
reaches sufficient stability to warrant
vacating the order.
2 Revocation of the minimum rate order as
modified will result in revoking not only the
minimum rates and charges, but also carrier
reporting requirements and other provisions.
Order E-23431, supra at 21-22 (footnote
omitted).
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
In our opinion, the New York-San
Juan market now appears stabilized and
no rate war appears probable in the near
future. We base our conclusion in part
on the fact that the rates published in
the carriers' tariffs for bulk shipments
are significantly above the minimums
prescribed by the Board. The carriers
have filed two increases since the Issu-
ance of the minimum rate order: (1) 1
cent per pound effective November 1 and
6, 1969, at all weight breaks, except at
the 5,000-pound break, where the
increase was 0.5 cent (Order 69-10-144),
(2) effective May 1, 1971, for Pan Ameri-
can and May 19 for other carriers, addi-
tional increases of 2 cents per pound for
shipments below 1,000 pounds, and 1
cent per pound for shipments of 1,000-
2,999 pounds and of 5,000 pounds and
above; no increase was filed at the 3,000-
pound weight break. The current bulk
rates are typically between 12 and 18.8
percent above the prescribed minimums
with the rate for only one weight break,
that at 3,000 pounds, involving a lower
increase, 7.7 percent.
We also note that, except for petitions
filed to permit reductions on mail bags
and container discounts, the carriers
have made no- requests to modify the
minimum rate order.4 Prior to that order,
a 8ubstantial volume of freight traffic in
the San Juan market moved under spe-
cific commodity rates. The order, estab-
lishing minimum general commodity
rates, left the proceeding open to permit
prompt consideration of petitions to
publish below-minimum specific com-
modity rates upon a demonstration that
such commodities would not move under
the general commodity minimums, but
would move under specific commodity
rates As indicated, however, with the
exception noted above, the carriers have
not attempted to file any rate reductions.
Finally, we believe that air carriers
should have the initial responsibility of
filing rates, subject to the suspension and
investigation powers that the statute
accords the Board0
4Trans Caribbean Airways, Inc., filed a
petition to permit the submission of a rate
of 10 cents per pound for space-available
traffic, but this was withdrawn by American
Airlines, Inc., as successor corporation. Order
71-7-16, July 1, .1971. The request for re-
duced rates on mail bags was denied by the
Board,
5
Order E-26108, Dec. 12, 1967.
Subsequently. in its supplemental opin-
ion and order on reconsideration, the Board
amended the above provision to permit pub-
lication of below-minimum general commod-
ity rates as well.
GCf. Order E-16432. Feb. 24, 1961, which
proposed revocation of the domestic min-
imum air freight rate orders then in effect.
In that order the Board stated:
"A basic premise underlying our proposal
to revoke the minimum freight rates Is the
statutory concept that the initiation of rates
should be a carrier function: that the exer-
cise of this function is restricted by the
existence of minimum rate orders; and that
the continuance of the existing minimum
rates is no longer necessary or desirable in
the absence of Impending or actual rate
wars. We do not consider that revocation of
minimum rates would be a withdrawal by
the Board from effective cargo rate regula-
tion, but rather a determination that in the
In view of all relevant circumstances,
notice is hereby given that the Board
proposes:
(1) To revoke the orders set forth in
ordering paragraph 1,
(2) To terminate the "New York-San
Juan Rate Investigation," Docket 11278
et al.
Accordingly, pursuant to the Federal
Aviation Act of 1958, and particularly
sections 204(a) and 1002 thereof,
It is ordered, That:
1. Interested persons are hereby di-
rected to show cause why Orders
E-23431, decided March 28, 1966; Z-
23840, June 21, 1966; and 11-2-81, Febru-
ary 17, 1971 (including the orders super-
seded thereby), should not be revoked.
2. Interested persons are granted a
period of 30 days from the date of this
order to file answers in support of, or In
opposition to, the Board's proposal,
This order will be published
In the
FEDERAL REGISTER.
By the Civil Aeronautics Board.
[SEAL] HARRY J. ZINIC,
Secretary.
[FR Doc.71-14881 Filed i0-8-71;8:61 am]
FEDERAL MARITIME COMMISSION
EPIROTIKI STEAMSHIP CO. AND
GEORGE POTAMIANOS LTD. S.A.
Notice of Application for Casualty
Certificate
Security for the protection of the
public; financial responsibility to meet
liability Incurred for death or Injury to
passengers or other persons on voyages.
Notice is hereby given that the follow-
ing persons have applied to the Federal
Maritime Commission for a certificate of
financial responsibility to meet liability
incurred for death or Injury to passon-
gers or other persons on voyages pursu-
ant to the provisions of section 2, Public
Law 89-777 (80 Stat. 1356, 1357) and
.Federal Maritime Commission General
Order 20, as amended (46 CFR Part 640):
The Epirotikl Steamship Co., and George
Potamanos Ltd. S.A., 2, Bouboulinas Sir,,
Piraeus, Greece.
Dated: October 6, 1971.
FRANCIS C.HURINPY,
Secretary.
[F, Doc.71-14883 Filed 10-8-71;8:51 aml
EPIROTIKI STEAMSHIP CO. AND
GEORGE POTAMIANOS LTD. S.A.
Notice of Application for Performance
Certificate
Security for the protection of the
public; Indemnification of passengers for
nonperformance of transportation,
present circumstances the Board and the
industry can best Implement their respective
rate functions where the Board exerclse its
powers of investigation and suspension with
respect to specific tariff proposals."
 NOTICES
Notice is hereby given that the follow- Westland, Hialeah, Fla., a proposed new
ing persons have applied to the Federal bank.
Maritime Commission for a certificate of Section 3(c) of the Act provides that
financial responsibility for indemnifica- the Board shall not approve:
tion of.passengers for nonperformance of (1) Any acquisition or merger or con-
transportation pursuant to the provisions solidation under section 3 which would
of section 3, Public Law 89-777 (80 Stat. result in a monopoly, or which would be
1357, 1358) and Federal Maritime Com- in furtherance of any combination or
mission General Order 20, as amended conspiracy to monopolize or to uttempt
(46 CFRPart 540): to monopolize the business of banking in
The EpirotMki Steamship Co.. and George any part of the United States, or
Potamianos Ltd. S.A., 2, Bouboulinas Str., (2) Any other proposed acquisition or
Piraeus, Greece. merger or consolidation under section 3
whose effect in any section of the coun-
Dated: October 6,1971. try may be substantially to lessen com-
FaRcIs C. Hu iuqy, petition, or to tend to create a monopoly,
Secretary. or which in any other manner would be
[F Doc.71-14884 Filed 10-8-71;8:51 ami in restraint of trade, unless the Board
finds that the anticompetitive effects of
the proposed transaction are clearly out-
INDEPENDENT OCEAN FREIGHT weighed in the public Interest by the
probable effect of the transaction in
FORWARDER LICENSES
meeting the convenience and needs of
Applicants the community to be served.
Notice is hereby given that the follow- Section 3(c) further provides that, in
every case, the Board shall take into con-
ing -applicants have filed with the Fed-
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.
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
not receive a license are requested to
regarding the proposed acquisition may
communicate with the Director, Bureau be filed
with the Board.Communications
of Certification and Licensing, Federal should
be addressed to the Secretary,
Maritime Commission, Washington, D.C.
Board of Governors of the Federal Re-
20573. serve System, Washington, D.C. 20551.
Timothy F. Kane, 25 Southeast Second Ave. The application may be inspected at the
nue, Miami, FL 3131. office of the Board of Governors or the
Larry Dean Tonsager, 800 Northwest Sixth Federal Reserve Bank of Atlanta.
Avenue, Portland, OP. 9720.
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.
OFPIcEaS [SEAL] TYNAN SM=,
Alfonso Arias, President. Secretary of the Board.
Hector Viniclo Mella, Chairman of the Board.
Alfredo George, Vice President. [FR Doc.71-14809 Filed 10-8-71;8:45 am]
Amilcar Duvigneaud, Treasurer.
Pedro V. Alayerbo1 Secretary.
Dated: October 6, 1971.
By the Commission
OFFICE OF EMERGENCY
FRAcIs C. Hu-EY,
Secretary.
PREPAREDNESS
[FRt Doc.71-14885 Filed 10-8-71;8:51 am] OKLAHOMA.
Notice of Major Disaster and Related
Determinations
FEDERAL RESERVE SYSTEM Pursuant to the authority vested in
me by the President under Executive
UNITED BANCSHARES OF FLORIDA,
Order 11575 of December 31, 1970; and
INC. by virtue of the Act of December 31, 1970,
Notice of Application for Approval of entitled "Disaster Relief Act of 1970" (84
Acquisition of Shares of Bank Stat. 1744); notice ishereby given that
on September 28, 1971, the President
Notice ishereby given that application declared a major disaster as follows:
has been made, pursuant to seetion I have determined that tho damages in
3(a) (3) of the Bank Holding Company certain areas of the State of Oklahoma from
Act of 1956 (12 U.S.C. 1842(a) (3)), by heavy rains and flooding, beginning about
United Bancshares of Florida,Inc.,which August 15, 1971. are of sufficient s.everlty and
is a bank holding company located in magnitude .to warrant a major di ter
Miami Beach,FIh, for prior approval by declaration under Public Law 91-COG. I there-
the Board of Governors of the acquisi- fore declare that such a. major disater exists
in the State of Oklahoma. You are to deter-
tion by applicant of 100 percent of the mine the specific areas within the State
voting shares (less directors' qualifying eligible for Federal assistance under this
shares), of United National Bank of declaration.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
1
19719
Notice is hereby given that pursuant
to the authority vested in me by the
President under Executive Order 11575
to admlnster the Disaster Relief Act of
1970 (Public Law 91-606) I hereby ap-
point Mr.George E. Hastings, Regional
Director, OEP Region 6. to act as the
Federal Coordinating Officer to perform
the duties specified by section 201 of that
Act for this disaster.
I do hereby determine the following
areas in the State of Oklahoma to have
been adversely affected by the catas-
trophe declared a major disaster by the
President in his declaration of Septem-
ber 28. 1971:
The counties of:
Cotton. Osage.
Creek. Tulsa.
Okmulgee. Wagoner.
Dated: October 4,1971.
G. A. LaNcOLN,
Director,
Office of Emergency Preparedness.
[FR Doc.71-14869 Filed 10-8-71;8:,0 am]
SECURITIES AND EXCHANGE
COMMISSION
1812-30221
CALIFORNIA TAX-EXEMPT BOND
FUND
Notice of Filing of Application for
Order of Exemption
OcTomE 4, 1971.
In the matter of California Tax-
Exempt Bond Fund (Series 1 and subse-
quent series), c/o California Tax-Exempt
Bond Funds, Inc, Russ Building, San
FranicLco,Calif. 94104.
Notice Ishereby given that California
Tax-Exempt Bond Fund (Applicant), a
unit investment trust registered under
the Investment Company Act of 1940
(Act), has filed an application pursuant
to section 6(c) of the Act for an order
of the Commission exempting Applicant
from compliance with the provisions of
section 14(a) of the Act. All interested
persons are referred to the application
on file with the Commission for a state-
ment of the representations therein,
which are summarized below.
Applicant includes Series 1 and all sub-
sequent series named California Tax-
Exempt Bond Fund. Each series will be
governed by a trust agreement under
which California Tax-Exempt Bond
Funds,Inc, will act as sponsor and Title
Insurance and Trust Co. wM act as
trustee. The trust agreement for each
series will contain terms and conditions
of trust common to all series.Pursuant to
each such trust agreement, the sponsor
will deposit with the trustee between $2
million and $20 million principal amount
of bonds for each series which the spon-
sor shall have accumulated for such pur-
pose, and simultaneously with each de-
posit will receive from the trustee reg-
istered certificates for between 2,000 and
19720
20,000 units, which will represent the
entire ownership of the series. Applicant
proposes to offer such units for sale to
the public and for this purpose a regis-
tration statement under the Securities
Act of 1933 has been filed with respect to
Series 1 which has not yet become effec-
tive. The trust agreement does not pro-
vide for the issuance of additional units.
The proceeds of bonds which may be sold,
redeemed or which mature will be dis-
tributed to certificate holders, and not
reinvested.
Units in each series will remain out-
standing until redeemed or until the
termination of the trust agreement, which
may be terminated by 100 percent agree-
ment of the unit holders of the particular
series, or, in the event that the value of
the bonds falls below $2 million at the
discretion of the trustee or upon the
direction of the sponsor. The trust agree-
ment must be terminated if the value of
the bonds falls below $1 million. In con-
nection with the requested exemption,
the sponsor has agreed to refund any
amount paid in as well as any sales load
to purchasers of units, if within 90 days
after the registration of a series under
the Securities Act becomes effective, the
net worth of that series shall be reduced
to less than $100,000, or if the series is
otherwise terminated. In addition, the
sponsor may maintain a secondary mar-
ket for units of Series 1 and subsequent
series at prices in excess of the redemp-
tion price as set forth in the trust agree-
ment, although the sponsor is not obli-
gated to do so.
Section 14(a) of the Act requires that
a registered investment company (a)
have a net worth of at least $100,000
prior to making a public offering of its
securities; (b) have previously made a
public offering and at that time have had
a net worth of $100,000; or (c) have
made arrangements for at least $100,000
to be paid in by 25 or fewer persons before
acceptance of public subscriptions.
Section 6(c) of the Act provides,
among other things, that the Commis-
sion, by order upon application, may
conditionally or unconditionally exempt
any person from any provision or pro-
visions of the Act or of any rule or reg-
ulation thereunder, if and to the extent
that such exemption is necessary or ap-
propriate in the public interest and con-
sistent with the protection of investors
and the purposes fairly intended by the
policy and provisions of the Act.
Notice is further given that any inter-
ested person may, not later than Oc-
tober 26, 1971, at 5:30 p.m., submit to the
Commission in writing a request for a
hearing on the matter accompanied by a
statement as to the nature of his interest,
the reason for such request and the issues
of fact or law proposed to be contro-
ierted, or he may request that he be noti-
fied If the Commission shall order a hear-
ing thereon. Any such communication
should be addressed:r Secretary, Securi-
ties and Exchange Commission, Wash-
ington, D.C. 20549. A copy of such re-
quest shall be served personally or by
mail (airmail if the person being served
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
is located more than 500 miles from the
point of mailing), upon Applicant at the
address stated above. Proof of such serv-
ice (by affidavit or in case of an attorney-
at-law by certificate) shall be filed con-
temporaneously with the request. At any
time after said date, as provided by Rule
0-5 of the rules and regulations promul-
gated under the Act, an order disposing
of the application herein may be issued
by the Commission upon the basis of the
information, stated- in said application,
unless an order for hearing upon said ap-
plication hall be issued upon request or
upon the Commission's own motion. Per-
sons who request a hearing, or advice as
to whether a hearing is ordered, will re-
ceive notice of further developments in
this matter, including the date of the
hearing (if ordered) and any postpone-
ments thereof.
For the Commission, by the Division of
Corporate Regulation, pursuant to dele-
gated authority.
[SEAL] RONALD F. HUNT,
Secretary.
[FR Doc.71-14829 Filed 10-8-71;8:47 uim]
TARIFF COMMISSION
[TEA-F-361
DAVE ARONOFF SHOES, INC.
Petition for Determination of Eligibil-
ity To Apply for Adjustment Assist-
ance; Notice of Investigation
Investigation instituted. Upon petition
under section 301(a) (2) of the Trade Ex-
pansion Act of 1962, filed by Dave Aronoff
Shoes, Inc., Los Angeles, Calif., the U.S.
Tariff Commission on September 28, 1971,
instituted an investigation under section
301(c) (1) of the said act to determine
whether, as a result in major part of con-
cessions granted under trade agreements,
articles like or directly competitive with
women's and misses' footwear of the type
produced by the aforementioned firm, are
being imported into the United States in
such increased quantities as to cause, or
threaten to cause, serious injury to such
firm.
The petitioner has not requested a pub-
lic hearing. A hearing will be held on re-
quest of any other party showing a
proper interest in the subject matter of
the investigation, provided such request
Is filed within 10 days after the notice Is
published in the EDRAuL REGISTER.
Inspection of petition. The petition
filed in this case is available for inspec-
tion at the Office of the Secretary, U.S.
Tariff Commission, Eighth and E Streets,
NW., Washington, DC, and at the New
York City office of the Tariff Commission
located in Room 437 of the Customhouse.
Issued: October 6, 1971.
By order of the Commission.
rsEALj KxNETH R. MAsoN.
Sebretary.
iFR Doc.71-14854 Filed 10-8-71:8:48 aml
DEPARTMENT OF COMMERCE
Office of the Socretary
[Dept.Administratlvo Order 202-2941
OFFICIAL INFORMATION RELATING
TO PERSONNEL
Availability
Correction
In F.R. Doc. 71-14550 appearing at
page 19414 In the Issue of Tuesday, Octo-
ber 5, 1971, the bracket at the beginning
of the document should read as set forth
above.
INTERSTATE COMMERCE
COMMISSION
ASSIGNMENT OF HEARINGS
Ocoarsi 6, 1971,
Cases assigned for hearing, postpone-
ment, cancellation, or ofal argument ap-
pear below and will be published only
once. This list contains prospective as-
signments only and does not Include
cases previously assigned hearing dates,
The hearings will be on the Issues as
presently reflected In the Official Docket
of the Commission. An attempt will be
made to publish notices of cancellation
of hearings as promptly as possible, but
interested parties should take appropri-
ate steps to insure that they are notifled
of cancellation or postponements of hear-
ings in which they are Interested.
No. 35311, Market Service Association v, The
Atchison, Topeka and Santa Fo Railway
Co., now assigned November 8, 1071, In
Room 1614, Everett McKinley Dlronea
Building, 219 South Dearborn Street,
Chicago, IM.
Investigation and Suspension Docket No.
M-25018, Foodstuffs, Florida Points to Chi-
cago, Ill.,
now u-igned November 10, 1071,
at the Offices of the Intertate Commerce
Commission, Washington, D.C.
MC-C-7386, North Eastern Motor rolght,
Inc. v. J.B. Montgomery, Inc., now assigned
October 26, 1971, at Denver, Colo,, lacan-
celed.
MC 127511 Sub 6, Pratt's Dray and Storage,
Inc., now assigned November 15, 1071, In
Room, 440 Federal Building, Fourth Floor,
Pierre, S. Dak.
MC 10761 Sub 247, Transamerlcan Ielght
Lines, Inc., now assigned November 1, 1071,
at Washington, D.C., postponed to Novem-
ber 2, 1971, at the Offic s of the Interstate
Commerce Commission, Washington, D.C.
MC 39249 Sub 8, Marty's Expres, Inc., w-
signed November 17, 1071, at Washington,
D.C., hearing canceled and application dia-
missed.
MC 115162 (Sub-No. 212), Poole Truck Line,
Inc., assigned November 29, 1071, In Room
T-90O7, Federal Building, 701 Toyola Ave-
nue, New Orleans, LA.
MC 14552 Sub 39, J. V. MoNioholrz Tran.fer
Co., assigned October 21, 1071, tt Colum-
bus, Ohio, Is postponed Indefinitely.
MO 8768 Sub 35, Security Van Lines, Ine,,
ass-gned December 6, 1971, on the Ground
Floor Room T-1210, Federal Building, 701
Toyola Avenue, Now Orleans, LA.
MO 135515, John A. Skrlba, now asigned
hearing November 11, 1071, at the Officei of
the Interstate Commerce CommIlion,
Washington, D.C.

MC-F 11262, Consolidated Frelghtways Cor-
poration of Delaware-Purchase (Por-
tion)-Lewisburg 'ITransfer Co., Inc., now
.assigned December 6, 1971. at the offices
of the Interstate Commerce Commission.
Washington, D.C.
[SEAL] ROBERT L. OSWALD,
Secretary.
[FR Doc.71-14871 Filed 10-8-71;8:50 am]
[Sec. 5a, Application 49, Amdt. 10]
CENTRAL AND SOUTHERN MOTOR
CARRIERS
Application for Approval of
Amendments to Agreoment
SEPTEMBER 17, 1971.
The Commission is in-receipt of an
application in the above-entitled pro-
ceeding for approval of amendments to
the agreement therein approved.
Filed August 18,1971, by: John AL Womack,
2722 Crittenden Drive, Louisville, KY 50209
-(Attorney in fact).
The amendment involves: Changing
the annual meeting of the membership
and of retiring Board of Directors from
the month of February at Louisville, Ky.,
to a date and place to be fixed by the
President, and, if such date and place has
not been set, then 16 Chief Executive
Officers of members may fix the date and
place of such annual meeting, and (2)
incorporate provisions under present
procedures for joint discussions of section
22 quotations on Government traffic.
The application may be inspected at
the Office of the Commission in Wash-
ington, D.C.
Any person desiring to protest and par-
ticipate in this proceeding shall notify the
Commission in writing within 20 days
from the date of publication of this
notice in the FEDERAL REGISTER. As pro-
vided by the general rules of practice of
the Commission, persons other than ap-
plicants should fully disclose their
interest, and the position they intend to
take with respect to the application.
Otherwise, the Commission, in -its dis-
cretion, may proceed to investigation and
determine the matters involved without
public hearing.
By the Commission.
[SEAL] ROBERT L. OSWALD,
Secretary.
[FR Doc.71-14870 Filed 10-8-71;8:50 am]
'[Service Order 1079]
C. S. GREENE AND CO., INC.
Rerouting or Diversion of Traffic
At a session of the Interstate Com-
merce Commission, Railroad Service
Board, held in Washington, D.C., on the
4th day of October 1971.
It appearing, That C. S. Greend and
Co., Inc., is a freight forwarder author-
ized under Permit No. FF-84, to operate
as a freight forwarder of commodities
generally, for export, from points in
specified midwestern States, to the ports
of Bosten, Mass., New York, N.Y., Phila-
delphia, Pa., and other ports on the east
and gulf coasts of the United States
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES 19721
effectively closed by a strike of the Inter- or more from the quarterly rate pub-
national Longshoremen's Assoclation; lished in Treasury Decision 71-175 for
that this labor disturbance has rendered the dates and countries indicated. There-
it impossible for said freight forwarder
fore, as to entries covering merchandise
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
emergency condition affecting said Customs purposes to convert such cur-
freight forwarder is a matter beyond its rency into currency of the United States,
control calling for immediate and interim conversion shall be at the following daily
relief; that the authorization granted rates:
herein is required to best promote service Belgian franc:
in the interest of the public and the com- Sept. 22, 1971 ......--------- $0.0211143
merce of the people; that notice and Sept. 23, 1971 ........
----------. 0212176
subject procedure herein are Impractical Sept. 24, 1971 ----------. .0212882
and contrary to the public interest: and German deutxhe mark:
that good cause exists for making this Sept. 23, 1971 ..........- .302025
order effective upon less than 30 days Sept. 24., 1.1 ............ .301783
Japanie yen:
notice; wherefore:
It is ordered. That pursuant to sections
Sept 20, 1971 -------------- .00296500
Sept. 2r, 1971 .......... ---------. 00296443
1(16) and 420 of the Interstate Com- Sept. 22, 1971 -----....-----. 00296350
merce Act, 49 U.S.C. 1(16) and 1020, the Sept. 23, 1971 ....------------. 00296500
C. S. Greene and Co., Inc., be and It is Sept. 24. 1971 -------------. 296750
hereby, authorized to operate to Halifax, Mte'herland3 guilder:
Nova Scotia, and Montreal, Quebec, Sept. 22, 1971 -----....-----. 294708
Canada, insofar as such movement is in Sept. 23. 1971 ......----------. 297350
Sept. 24. 1971 -- ---............- .297250
the United States, and to any port on
the east and gulf coasts of the United [SEAL] Emvm; F. RAn-s,
States not effectively closed by the strike Acting Commissionerof Customs.
of the International Longshoremen's As- IFR Dcc.71-14851 Filed 10-8-71;8:49 am]
sociation, on commodities which it other-
wise is authorized to handle as a freight
forwarder under Permit No. FF-84;
It is further ordered,That said freight
forwarder be, and It is hereby, directed
DEPARTMENT OF AGRICULTURE
promptly to print and file with the Com- Office of the Secretary
mission tariffs showing its rates and
charges for the service authorized herein LOUISIANA
and otherwise to comply with the -rovi-
sions of the InterstateCommerce Act; Designation of Areas for Emergency
Loans
It is further ordered, That this order
be, and it is hereby, made effective at For the purpose of making emergency
12:01 am., October 5, 1971, and shall
loans pursuant to section 321 of the Con-
ekpire at 11:59 pm., October 20, 1971, solidated Farmers Home Administration
unless otherwise modified, changed or Act of 1961 (7 U.S.C. 1961), and sec-
suspended, and tion 232 of the Disaster Relief Act of 1970
It is further ordered, That copies of (Public Law 91-606), it has been deter-
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
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:
Secretary -of the Commission at Wash-
ington, D.C., and by filing it with the Di- PARISHE
rector, Office of the Federal Register. Acadia. Pointe Coupee.
Ascension. St. Charles.
By the Commission, Railroad Service A. umpton. St. James.
Board. Calca3leu. St. John.
Cameron. St. Iindry.
[SEAL] ROBERT L. OSWALD, Evangeline. St. Martin.
Secretary. Iberia. St. Mary.
[FR Doc.71-14872 Filed 10-8-11;8:52 am] Therville. Terrebonne.
Jefferson Davis. Vermilion.
Lafayette. West Baton Rouge.
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-
ceived after June 30, 1972, except subse-
[T.D. 71-2571
quent loans to qualified borrowers
FOREIGN CURRENCIES who received Initial loans under this
designation.
Rates of Exchange
The urgency of the need for emer-
SEPTEMBER 27, 1971. gency loans in the designated areas
Rates of exchange certified to the Sec- makes It impracticable and contrary to
retary of the Treasury by the Federal the public interest to give advance notice
Reserve Bank of New York for the lBel- of proposed rule making and invite pub-
gian franc, German deutsche mark. lic participation.
Japanese yen, -and Netherlands guilder. Done at Washington, D.C., this 6th
The Federal Reserve Bank of New day of October 1971.
York, pursuant to section 522(c). Tariff
Act of 1930, as amended (31 U.S.C. CLIrORD M. HAPDn,
372(c) ), has certified the following rates Secretary of Agriculture.
of exchange which vary by 5 per centum [FR Dc.71-14849 Filed 10-8-71;8:49 am]
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


Docket No. Date Name of applicant
filed
CS-2-249_. 9-17-71 EstateofSamnelhf. Lane
co Casey, Lane & Mlttendorl,
26 Broadway.
New Yorkf NY 10004.
CS72-250_-- 9-20-71 R. Lacy, Inc.,
Box 2146,
Lo w, TX 751.
CS72-251... 9-2_-71 Olympia Exploration Co.,
1122 United Founders Bldg.,
Oklahoma City. Okla. 73112.
CS72-252__. 9-20-71 Macho, Inc., 236 Bldg.,
CS72-253.--
Iackson. Miss. 3920L
9-20-71 Bronco Oil Co., Box 259,
Shamrock. TX 90.
CS72-25t.-- 9-20-71 Barker Production Co., Post
Office Box 259, Shamrock,
TX ,9 O9.
CS72-255-- 9-29-71 Rodney R. Barker, Post 0f16c
Box 259. Shamrock, TX 79079.
CS72-2_. 9-20-71 Leede &Pine, 516 Buildingof
the Southwest, Midland,
Tex. 9701.
CS72-257_-- 9-20-71 W. C. Perryanan, Post Ofice
Box 359, Tyler, TX 75701.
CS72-258 -- 9-20-71 S. S. C. Gas Producing Co.,
Box 292, Pettus, TX 78146.
CS72-259--- 9-20-71 Henry Grace Production Co.,
813 City National Bldg.,
Wichita Falls, Tel. 76301.
CS72-260__- 9-20-71 Marbeth Oil Co., 1912 The
600 Bldg., Corpus Christi,
Tex. 7840L
CS72-261___ 9-20-71 Prudhoe Production, Inc.,
- 1912 The 600 Bldg., Corpus
Christi, TeM. 7801
CSV-262- 9-21-71 A. I. Duncan, Post Office
Box 965, Sinton, TX 7837.
[FR DOC.71-14785 lied 10-8-71;8:45 am]
Bate Sup-
Docket Respondent sched- ple-
No. ule ment
No. No.
R172-96--- Placid Oil Co------------- 30 12 HIL. Hunt (NorthLansing
R172-W7__- H. L. Hunt------------- 4 27 Texas Eastern Transportatlon
RI72-%8.-- umble Oil & Refining 173 116
Co.
d o -.. -.---------.....--
----- - .-....
17.
R172-99_.._ Hsse Hunt Trust.-..... 4 28
RI72-100-. Hunt Oil Co-------------- 28 21
R172-101__ Sun Oil Co --------------- 140
R17i-102.- Texas Pacific Oil Co., 22 10
Inc.
R I72-103- Phillips Petroleum Co... 483
RI172-10L_ Cities Service Oil Co ------ 345
See footnotes at end-of table.
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES 19741
[Docket Nos. RP72-90, etc.] (A) Under the Natural Gas Act, par-
ticularly sections 4 and 15, the regula-
PLACID OIL CO. ET AL. tions pertaining thereto (18 CFR Ch.),
Order Providing for Hearing on and and the Commisson's rules of practice
Suspension of Proposed Changes in and procedure, public hearings shall be
Rates, and Allowing Rate Changes held concerning the lawfulness of the
proposed changes.
To Become Effective Subject to (B) Pending hearings and decisions
Refund 1
thereon, the rate supplements herein are
SEPT'aaER 29, 1971. suspended and their use deferred until
Respondents have filed proposed date shown In the "Date Suspended
changes in rates and charges for Juris- Until" column. Each of these supple-
dictional sales of natural gas, as set forth ments shall become effective, subject to
in appendix A as set forth below. refund, as of the expiration of the sus-
The proposed changed rates and pension period without any further
charges may be unjust, unreasonable, action by the respondent or by the Com-
unduly discriminatory, or preferential, or mission. Each respondent shall comply
with the refunding procedure required
otherwise unlawful. by the Natural Gas Act and 154.102 of
The Commission finds: It Is in the the regulations thereunder.
public interest and consistent with the (C) Unless otherwise ordered by the
Natural Gas Act that the Commission Commission, neither the suspended sup-
enter upon hearings regarding the law- plements, nor the rate schedules sought
fulness of the proposed changes, and that to be altered, shall be changed until dis-
the supplements herein be suspended and position of these proceedings or expira-
their use be deferred as ordered below. tion of the suspension period, whichever
The Commission orders: is earlier.
By the Commission.
'Does not consolidate for hearing or dis- [SEAL] KENNETH F. PLUMB,
pose of the several matters herein. Secretary.
"Cent per Mel Ratoin
Amount Data Effective Data effecasub-
Purcha r and producing area c f I ilg dat rucad Rte in Properdlees to
annual endered unleInc ed rcln
Incresen -pcnded rate dccket.No.
$130 9-1-71 ........... 11- 2-71 '1l2.7
CL 1 7 RinI-379.
Field HurrsonNo.
RR. District Med,
5). Texas
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 ..........................
United Gas Pipi Co. (S ..........
Creek Field, Calbono Paris,
North Lou na).
---do .......................... 2,4n 9- 3-71......... 11-4-71 1. GAMG
1713 17.5
Texas Eastern Transportation 1,231
Corp. (Northeast Lisbon,
Clalborno Parish, North 0-37-71 ..........
Loulsisna). 9- 7-71
Texas aster Transportation 20_51 11- 8-71 1M.
.2622 13.467-3 RI71-308.
Corp. (Greenwood Waskom
Field, Caddo Perish, North
Loulsiana).
5 Arkansas Louisiana Gas Co. 159 9- 7-71......... 11-13-71 101.5 20.5 RIC3-l101
(Vixen Field, Caldweil Parish,
North Lousin).
El Paso Natural Gas Co. (Blnco 20.6O0 9- 7-71......... 3- 8-72 15. .250 -29.5170 R159-.
MesaVerdoand Basin Dakota
Formations, San loan County,
N. Mex., San Juan Basin).
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).
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).
 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.
I Amendatory agreement dated August 4, 1971, between Humble and United,
which provides for new price schedule.
Includes I cent per Mcf minimum guarantee for liquids.
Initial rate (inclusive of 1.5708 cents per fcfupward B.t.u. adjustment) as provlded
by order issued April 23 1071, In Docket No. 0171-530 (litchell Type Temporary).
4Initial rate as provided by order Issued August 26,1971, in Docket No. C172-78
(Mitchell Type Temporary).
3 Contrast rate of 19.5 cents ad usted for the Increase In tho Bureau of Lbor Statis.
ties Index of Wholesale Prices of all Commoditles cqual 23.62 cent3 per Mof,
5 Rate is fractured so as not toexceed the rate level for a one-day suspenelen period
(19.8 cents @ 14.65 p.s.l.a.).
?Periodic Increase from 16cents to 17 cents plus adjustment for the intreio it
the Bureau of Labor Statistlcs Index of Wholesale Price of all Commodltlequ eqlali
21.51 cents per Mcf.
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
in San Juan Basin Is based on a favored-
nation clause which was allegedly activated
by Aztec Oil & Gas Co.'s unilateral rate in-
crease to 29.23 cents which became effective
subject to refund in Docket No. RI71-744 on
August 1, 1971. The purchaser, El Paso Nat-
ural Gas Cp., has protested this favored-
nation increase on the basis that it Is not
contractually authorized. In view of the con-
tractual problem presented, the hearing
herein shall concern itself with the contrac-
tual basis for this favored-nation filing as
well as the justness and reasonableness of
the proposed Increased rate. This probosed
increase exceeds the corresponding rate l-
ing limitations imposed in southern Louisi-
ana and therefore is suspended for 5 months.
The other Increases Involved here also per-
tain to sales outside southern Louisiana but
do not exceed .the corresponding rate filing
limitations imposed in southern Louisiana.
Therefore, they are suspended for 61 days
from the date of filing, or 1 day from the
contractual effective date, whichever is later,
pursuant to Order No. 423.
Phillips Petroleum Co. and Big Piney Ol
and Gas Co. request effective dates for which
adequate notice was slot given. Good cause
has not been shown for granting such
requests and they are denied.
All of the producers' lroposed increased
rates and charges exceed the applicable area
price levels for increased rates as set forth
in the Conmission's Statement of General
Policy No. 61-1, as amended (18 CPR Ch.
2.66).
This order does not relieve any of the re-
spondents herein of any responsibility im-
posed by, and is expressly subject to, the
Commission's Statement of Policy Imple-.
menting the Economic Stabilization Act of
1970 (Public Law 91-379, 84 Stat. 799, as
amended by Public Law 92-15, 85 Stat. 38),
Including such amendments as the Commis-
sion may require, and Executive Order No.
11615.
[PP. Doc.71-14786 Flied 10-8-71;8:45 am]
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
EQUAL EMPLOYMENT OPPORTUNITY
IN CAMDEN AND TRENTON, NEW
JERSEY AREAS
Notice of Hearing
Notice is hereby given that, pursuant
to section 208(a) of Executive Order
11246 (30 FR. 12319), a public hearing
is to be held by the Office of Federal
Contract Compliance, U.S. Department
of Labor on October 27-29, 1971, Court
Room No. 2, U.S. Post Office and Court-
house Building, East Eighth Street,
Trenton, NJ, in order to afford inter-
ested persons an opportunity to submit
in writing and orally data, views, or
arguments to be considered by the Office
of Federal Contract Compliance in im-
plementing the requirements and objec-
tives of Executive Order 11246 with re-
spect to federally involved construction
in the Camden and Trenton areas. The
hearing will begin at 9 anm., d.s.t., on
Wednesday, October 27, 1971. The pres-
entations will be made before a panel
designated for this purpose by the DI-
rector of the Office of Federal Contract
Compliance. Interested persons are en-
couraged to appear and present their
views before the panel.
Executive Order 11246 prohibits dis-
criminating against any employee or ap-
plicant for employment because of race,
color, religion, sex, or national origin,
and further requires that the employer
or prospective employer take affirmative
action to insure equal employment
opportunity.
It is the responsibility of the Secre-
tary of Labor and his Department to im-
plement the purposes of Executive Order
11246 throughout the country on fed-
erally involved construction.
It has been the position of the De-
partment that the objectives of Exeou-
tive Order 11246 can be Implemented
most successfully through voluntary,
area-wide agreements between contrac-
tors, unions and community organiza-
tions interested in furthering equal
employment opportunity, which are de-
signed to increase the utilization of the
minority workforce In the skilled con-
struction trades in a particular area.
However,, where as in the Trenton and
Camden areas, a voluntary agreement
has not been reached, the Department
must take appropriate action to Insure
that Its obligations under Executive
Order 11246 are met.
The Department recognizes that cir-
cumstances and problems in the field of
equal employment opportunity vary from
one area of the country to another, and
that those living and working In a spe-
cific area are in the best position to
evaluate the problems of their respective
communities and assist the Department
with facts and Ideas as to the most ef-
fective way to implement the Executive
order. It is this assistance which is
sought at the above noticed hearing,
Therefore, all interested persons are
requested to appear before the Hearing
Panel or otherwise submit data on at
least the following points:
(1) The current extent of minority
group participation In each construction
trade, and the full employee complement
of each trade;
(2) A statement and evaluation of
present employee recruitment methods,
as well as the assistance and effectivenes
of any employer or union programs to In-
crease minority participation In the
trades;
(3) The availability of qualified and
qualiflable minority group persons for
employment In each construction trade,
including where they are now working,
how they may be brought Into the trades,
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

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

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1~ .9
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-4
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 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
DEPARTMENT OF THE INTERIOR Third Street, Philadelphia, PA (covering
trail sections from south boundary of
National Park Service Maryland northward); and the South-
APPALACHIAN NATIONAL SCENIC east Regional Office of that Service at
the Federal Building, 400 North Eighth
TRAIL Street, Richmond, VA (covering trail
Route Selection sections from north boundary of Vir-
ginia southward). Detailed maps have
Notice of a proposed route for the Ap- also been furnished the affected States
palachian National Scenic Trail was for those portions of the selected trail
published as Part II in the FEDERAL REG- route, within their boundaries. These
sTr.a of February 9, 1971. The purpose maps are on file or are available for re-
of that publication was to give Federal,
view at the following locations:
State and local governmental agencies,
private organizations and any land- Mr. Joseph E. Hickey, Jr., State Planner,
Department of Agriculture and Natural
owners and land users directly affected Resources, State Office Building, Room 110,
by the trail route location a further op- Hartford, Conn. 00115.
portunity to provide us their advice and State of Georgia, Department of State Parks,
assistance in selection of the trail route. 270 Washington Street SW., Atlanta, GA
Numerous comments were received and 30334.
all those submitted within and after the ir. Austin H. Wilkins, Forest Commissioner,
60-day period referred to in the notice Forestry Department, State House, Au-
have been.carefully evaluated prior to gusta, Maine 04330.
Mr. Spencer P. Ellis, Director, Department of
and in connection with selection of the Forests and Parks, State Office Building,
official trail route as hereby designated. Annapolis, Md. 21401.
Most of the comments received were ir. Arthur W. Brownell, Commissioner, De-
readily resolved as they involved only partment of Natural Resources, Leverett
editorial changes of the published maps Saltonstall Building, 19th Floor, 100 Cam-
or verbal descriptions or they concerned bridge Street, Boston, MA 02202.
noncontroversial trail route relocations Director's Office, Office of State Planning,
of a minor nature. An area of primary State House Annex, Concord, N.H. 03301.
Labor and Industry Building, Room 806,
concern to landowners, and thus the sub- Trenton. N.J. 08625.
Ject of many comments, related to a seg- Mr. Harold J. Dyer, Deputy Commissioner
ment of trail in northern, Virginia where of Parks and Recreation, The Campus.
the proposed route designation was Albany, N.Y. 12226.
largely on privately owned properties or Division of State Parks, Department of Con-
along hard-surfaced roads. servation and Development. Administra-
tion Building, Room 200, Raleigh, -N.C.
The National Park Service, in arriving 27611.
at the officially selected trail route for Mr. Conrad R. Lickel, Director, Bureau of
this segment of the Appalachian National
State Parks, Education Building, Post
Scenic Trail, considered possible and Office Box 1467, Harrisburg, PA 17120.
feasible alternate routes and generally State of Tennessee, Division of Planning
sought to provide trail locations that are and Develooment, 2611 West End Avenue,
equal to or better in quality than the Nashville. TN 37203.
The Hillside Block, Agency of Environmental
trail route proposed in the FEDERAL REG- Conservation, Court Street, Montpelier,
ISTER publication of February 9. Meetings Vt. 05602.
were held directly with concerned land- Division of State Parks, Devartment of Con-
owners and/or groups representing them servation and Economic Develonment,
in an effort to arrive at solutions that 1201 State Office Building, Capitol Square,
would provide the best possible trail lo- Rdhmond. Va. 23219.
cations and environment, and at the Office of the Director. Department of Nat-
same time would minimize the adverse ural Resources, 1800 Washington Street
East, Charleston, WV 25305.
effects upon adjacent landowners and
land users. These efforts also were coor- In accordance with section 7(a) of the
dinated with State and Federal officials, National Trail System Act of October 2,
1968, 82 Stat. 919, 922, notice is hereby
private organizations and trail users hi
the areas concerned. The trail route given of selection of the official route
herein designated, further, has had the of the Appalachian National Scenic
endorsement of the Executive Committee Trail, which route is described and de-
of the Advisory Council for the Appa- picted as follows:
lachian National Scenic Trail. THE APPALACHIAN TRAnL
LAWRENCE C. HADLEY,
Assistant Director, From the summit cairn on Baxter Peak of
NationalPark Service. Mount Katahdin in Baxter State Park, the
Appalachian Trail leads west across the
SEPTEMBER 28, 1971. Tableland, descends the Hunt Spur, crosses
To facilitate more careful identifica- Katahdin Stream, passes Daicey Pond, and
tion Of the trail route selection by the descends to the Penobscot West Branch,
leaving Baxter State Park at 9.65 miles from
affected governmental agencies, land- the start. It then proceeds east a short dis-
owners and other interested parties, a tance, crosses Abel Bridge, and continues
copy of this notice and detailed maps, west and southwest across Hurd Brook, over
of the route location have been fied in Rainbow Ledges, and proceeds past Rainbow,
the Washington Office of the National Nahmakanta, and Lower Joe Mary Lakes.
Park Service, Interior Building, 18th and The Trail then follows Cooper Brook to
C Streets NW., Washington, DC, Room BranchCrawford Pond, turns south to the East
1210; the Northeast Regional Office of west some of Pleasant River, follows the river
6 miles, then crosses, and con-
FEDERAL REGISTER, VOL. 36, NO. 197-SATURDAY, OCTOBER 9, 1971
tinues southwest. Beforo reaching Third
West Branch Pond it turns south, traveraes
White Cap Mountain, turns west, crosses
the West Branch of Pleatsant River and con-
tinues south. After shirting the east end of
Long Pond it ascends the Barron-Chairbacl:
Range.
The Trail then follows Bodflsh Valley
south, crosses Little Wilson Stream, turns
west, crosses the stream again, then goes
south to Monson. Hero it turns west, through
Blanchard, over Breakneck Bridge, by Bald
Mountain Pond, over M o.xio Bald, skirts Moxio
Pond via Joe's Hole, continues went over
Pleasant Pond Mountain, and reaches the
Kennebec River at Caratunil.
Across the Kennebec, the 'Trail continues
west to Pierce Pond, then south around East
Carry Pond and leads west, skirting West
Carry Pond and the south end of Flagstaff
Lake. Ascending Little Bigelow Mountain, it
continues across the crest and over Mount
Bigelow. At Cranberry Pond the Trail turns
south, crosses Croaker Mountain and con-
tinues southwestward acrozs Saddlobaci Jr.
Mountain. Coming off Saddloback, the Trail
crosses Maine Highway 4 approximately 5
miles south of Rangeley Village, sldrts both
Long Ponds, lead southwesterly by Sabbath
Day Pond, Four Ponds Stream, and follows
the summit of Bemia Mountain, After pas-
Ing along the lower slope of Elephant Moun-
tain it follows the East Branch of Blaok
Brook, goes through Sawyer Notch, pass0 C
Pond, follows Mountain Brook by Surplus
Pond, crosses the West Branch of Ellis
River, and continues to Frye Brook.
The Trail then ascends over Little Bald-
pate Mountain, continues over East and West
Peaks of Baldpate, enters the Graf ton Notch
State Park, and descends Into Grafton Notch,
The Trail follows the highway south for
0.5 mile, where it against turns west, as-
cending steeply Old Speck iountain.
From the summit of Old Speo: there is a
steep descent to Speck Pond. The Trail then
continues southwesterly through lahooue
Notch and along the Maheosuc Range over
Fulling Mill and Goose Eye Mountains to
Carlo Col, at the Malno-New Hampshire
line, 276.79 miles from the summit cairn on
Katahdin.
NE'V xMrsmn
From the Maine-New Hampshire border In
the Mahoosuc Mountain Range west of Carlo
Col the Appalachian Trail continues -south-
westerly over the twln summits of Mount
Success, passes Gentian Pond, Mom Pond
and at Dream Lake leaves the ridge, The
Trail then descends southerly along Peabody
Brook to the Androtcoggin Valley crossing
the Androscoggin River on a highway bridge
and immediately crosses the Canadian Na-
tional Railroad and U.S. Route 2. Hero it
begins the ascent out of the Valley southerly
along Rattle River entering the White Moun-
tain National Forest to roach the ridge of
the Carter-Morlah Mountain Range. It fol-
lows southwesterly over the summits of
Mount Morlah, North Carter Mountain,
iiount Lethe, Middle and South Carter
Mountains to Zeta Pass. It then ascenda and
crosses Mount Hight and Carter Dome, drops
to Carter Notch and ascends steeply to Wild-
cat Mountain, crosses its several summits
and descends westerly to Pnkham Notch
crossing New Hampshire Highway 16, The
Trail then goes northerly crossing the Mount
Washington Carriage Road, and traverses
through and then along the perimeter of the
Great Gulf Wilderness to the summit of
Mount Madison of the Presidential Range,
Turning south and continuing generally
along the west boundary of the Wilderness
the Trail descends to Madison Hut, ascends
and crosses the western flank of Mount
 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
The Trail now descends southeast to Ames-
vlle where town roads are followed through
the village, where Housatonic River, Penn
Central Railroad and U.S. Route 7 are
crossed. The Trail ascends over Barrack
Mountain to Musicl Mountain Road, jogs east
along road then ascends through Dean Ra-
vine. The Trail recrosses Music Mountain
Road, enters Housatonic State Forest, crosses
West Yelping Hill Road, continues south-
east through State Forest, crosses Yelping
Hill Road, descends to Connecticut Highway
4, traversing ridge to ski area in the State
forest and descends, leaving the forest, to
town roads southeast of Cornwall. It then
follows a local road South, then turns west
and ascends slope of Coltsfoot Mountain,
descends to U.S. Route 7, recrosses Housa-,
tonic River, follows Connecticut Highway 4
and a local dirt road on south side of Bread-
loaf Mountain, turns south, crosses a ravine
and Connecticut Highway 4. Trail continues
south along abandoned roadssometimes close
to the Housatonic River. The Trail turns west,
ascends Caleb Peak, crosses Skiff Mountain
Road, continues west, enters Macedonia
Brock State Park and crosses Fuller Moun-
tain Road, continues west and southwest,
then ascends Cobble Mountain, turns south
traversing hills of the State park, and leav-
ing the park descends to Macedonia fBrook
Road. Then the Trail jogs right along the
road, turns left, crosses ridge, descends to and
follows Connecticut Highway 341 to the right
for a short distance, turns left on a local
improved road, then right, traversing Mount
Algo. Trail crosses Thayer Ravine Brook, and
ascends Schaghticoke Mountain.-On westerly
slope of the mountain, Trail crosses the
Connecticut-New York State line.
NEW YORK
As the Trail enters New York on Schaghti-
coke Mountain, descends to Dogtail Corners,
and continues south southwest over an out-
let from Ellis Pond, it crosses Ten Mile River
at Webatuck, crosses New York Highway 55,
and proceeds In a southwesterly direction
just to the west of a marsh on the west
shoulder of Leather Hill. The rall-then
climbs a peak in Hammersly Ridge, altitude
1053, just west of Quaker Lake and turns
sharply west northwest. Crossing State High-
ways 85 and 22 the Trail follows a country
road northwesterly for about a mile then
turns west to a point about a mile north-
of Nuclear Lake where it turns south over
a hill 923 feet high to West Pawling. It con-
tinues southwesterly along the east shoulder
of Depot Hill then swings west across New
York Highway 52 and over Stormville loun-
tain. Turning southwest again the Trail pro-
coeds just west of the height of land of the
Hosner Mountains, crosses the Taconic State
Parkway at the junction with Miller Hill
Road, and goes south on Shenandoah Moun-
tain. The Trail enters Fahnestock State Park
from the north, 0.3 mile from the Taconic
Parkway, continues west of Canopus Lake,
then goes south along Canopus Creek to a
point south of Sunken Mine Pond where it
turns southwest and proceeds to Moneyhole
Mountain. The Trail crosses Moneyhole
Mountain, leaves the Park and descends to
Nelson's Corners. It then proceeds south-
westerly to the Catskill Aqueduct, follows
this south to Phillips Brook Road, goes west
on this for about 0.6 mile, then goes south
over 'Fort Hill. The Trail picks up a second-
ary road to Cat Rock Road, follows Cat
Rock Road for about 0.4 mile, turns sharply
west, then continues southwesterly over
Canada Hill, north of Anthony's Nose, and
then crosses the Hudson on the Bear Moun-
tain Bridge. The Trail enters Bear Mountain-
Harriman Park right after it crosses the
Hudson. It passes the Bear Mountain Inn,
goes over Bear Mountain and West Moun-
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
tan crossing Palisades Parkway, continues to
Seven Lakes Drive at the north end of Lake
TIorati. It then goes southwest along Fin-
gerboard Mountain, then west over Sure-
bridge Mountain and passes north of Island
Pond. It then goes over Green Pond Moun-
tain, descends, and crosses over the New
York State Thruway at Arden and climbs
Arden Mountain, where It leaves Bear Moun-
tain-Harriman Park. The Trail then con-
tinues westerly, crosses Orange Turnpike,
goes north o Little Dam Pond, over Bu-
chanan Mountain, and climbs Mombasha
High Point. It then crosses New York High-
way 17A, slabs the east side of Bellvale
Mountain, with Greenwood Lake to the east,
and then continues southwest entering
New Jersey on Bearfort Mountain.
N EV JERSEY
The Trail enters New Jersey at Abram S.
Hewitt State Forest and passes above Upper
Greenwood Lake. Proceeding westerly, the
Trail crosses the Warwick Turnpike north
of Parker Lake and enters Wawayanda State
Park. It slabs the east side of Wawayanda
Mountain descending westerly, reaching Ver-
non Valley and continuing west on Maple
Grange Road. It then goes northwesterly over
Pochuck Mountain, descends and enters New
York State at Liberty Corners, and continues
northwesterly on the road to Unionville. It
continues west on roads, reenters New Jer-
sey near Rockport continuing through Mount
Salem and crossing New Jersey Highway 519
where it climbs to, top of the Kittatinny
Ridge at the High Point Memorial State Park.
The Trail stays on the highest part of the
ridge and passes the following points of im-
portance: New Jersey Highway 23, Lake
Rutherford, Sunrise Mountain, U.S. Route
206 at Culvers Gap and Culvers Lake, Lake
Kittatinny, Brink Road, Rattlesnake Hill
(now called Paradise Hill) and Mount Mo-
hican. It passes Sunfish Pond and reaches the
Delaware River at Dunnfleld Creek.
PENNSYLVANIA
The Appalachian Trail crosses the Dela-
ware River on the Interstate 80 highway
bridge entering Pennsylvania and turning
left following a Delaware Water Gap Village
street passing Lake Lenape, reaching the
crest of the Blue Mountain on Mount Minsi.
The Trail follows the crest of the ridge
traveling west crossing Tots Gap, Fox and
Wind Gaps, passes through Pennsylvania
Game Lands across Smith and the Little
Gaps, leaves the Game Lands, dips down into
the Lehigh Gap, and crosses the Lehigh River
on the Pennsylvania Highway 873 bridge. At
the west end of the bridge the Trail ascends
the Blue Mountain (crossing Lehigh Fur-
nace Gap, Bake Oven Knob, and Pennsyl-
vania Highway 309), following the crest for 9
miles where 'the Trail turns sharp left
(south) descending just east of Hawk Moun-
tain Sanctuary, and goes through the Village
of Eckville where the Trail ascends the
mountain. At the top of Blue Mountain it
turns east, crossing the Pinnacle Rocks, then
turns south around the Valley Rim, descends
Into a hollow, passes the Hamburg Reservoir,
again ascends the Blue Mountain, crosses
over to the north side, and descends to the
Schuylkill Gap in the Village of Port Clin-
ton. After passing through the Village and
crossing the Schuylkill River it turns left,
and ascends very steeply to the crest of the
Blue Mountain where It enters State Game
Lands, follows Trail and Game feeding roads
to Pennsylvania Hiehway 183, which is fol-
lowed for 0.5 mile and dins into Schubert
Gap, and after 2 miles more leaves Pennsyl-
vania Game Lands going around the
es-
sel and reaching Pennsylvania Highway 501.
It follows the ridge, crossing Pennsylvania
Highway 645, continues on ridge crest, and
descends into the Swatara Gap leaving Game
Lands at bottom of the mountain. Crossing
the Swatara Creek on Iron bridge, it then
crosses under Interstate 81 while following
Pennsylvania Highway 72, and turns left
following secondary roads acros the valley
to Dltzlers Farm.
It enters the woods of Pennsylvania Gamo
Lands from Raush Gap, It then continta
northwest through St. Anthony's Wilderness
reaching the crest of Stony Mountain, de-
scends to Clarks Valley, and cro=sLe Pennsyl-
vania Highway 326 at end of Game Lando,
After ascending Peters Mountain the Trail
turns left (west) following the rldgeorest,
crosses Pennsylvania Highway 226, then fol-
lows ridge to end and descends to the Sud-
quehanna River at Clarks Ferry. The Trail
crosses the river at bridge on U.S, RoUtes 22
and 322 and on west banl: follows High Street
through Village of Duncannon, crosses Sher-
man Creek, and ascends Cove Mountain pass-
Ing Hawk Rocks. It then follows crest of
Cove Mountain to Grier Point crossing
Pennsylvania Highway 850. Then it ascends
north side of Blue Mountain to Deans Gap.
After descending south side of Blue Moun-
tain It crosses Pennsylvania Highway 094 just
east of Donnellytown and crosses Conodo-
qunet Creel: and the Cumberland Valley us-
ing secondary roads and trails. It crosses
under Interstate 81, U.S. Route 11 west of
New Kingstown and over Pennsylvania Turn-
pike. Following Old Stone House Road, It
passes through Churchtown and crosses rail-
road at Leidighs, and crozse Yellow Breeches
Creek. From here it follows the first ridge
of South Mountain and goes around the
boundary of York YMCA Camp, It crosses
Whisky Spring Road, Rocky Ridge, and Old
Town Road, before descending the ridge to
cross Pennsylvania Highway 94,
Trail crosses Trent's Hill and then croses
Pennsylvania Highway 34, the railroad and
Hunters Run Road. It ascends to Ridge of
Piney Mountain, passing Tag Run Shelters.
then follows ridge southwest and passes Polo
Steeple Trail, descends to Fuller Lake and
reaches Pennsylvania Highway 233 in Pine
Grove Furnace State Park. The Trail leaves
the State Park crossing Pennsylvania High-
way 233 and reenters Michaux State Forest.
It crosses Camp Mlchaux on the abandoned
Old Shippensburg Road. It ascends to the
ridge of South Mountain, passes through the
Tumbling Run Game Preserve and Caledo-
nia State Park and crosses U.S. Route 30 in
this Park. It skirts Old Forge State Plnlo
Grounds to the south and crosses Pennsyl-
vania Highway 16, northeast of Penmar.
MARYLAND
In Maryland the Trail skirts the edge of
Penmar through the Western Maryland Rail-
way abandoned park and traverses the Fort
Ritchie Military Installation on the road to
the High Rock. It follows the ridge of South
Mountain, continuously pasing through
Greenbrier State Park (at U.S. Route 40 and
Interstate 70), Washington Monument State
Park, Turners Gap at U.S, Route 40A, and
Gathland State Park. At Weverton Blui the
Trail bears west along the towpath of the
Chesapeake and Ohio Canal National Mon-
ument and crosses the Potomao over the San-
dy Hook Bridge of U.S. Route 340,
VEST vinaIZoA
In West Virginia the Trail crozze the
Harpers Ferry National Historical Park on
Loudoun Heights above U.S. Route 340 and
follows the ridge along the Vlrginia-West
Virginia State line to a point 2 mlles north
of Snickers Gap.
VInOINIA
The Trail crosses Virginia Highway I at
Snickers Gap just west of Bluemont, The
 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
State line to Yellow Mountain Gap. From
Yellow Mountain Gap the Trail ascends
westerly, then descends in a south to south-
westerly direction. After passing through
Buckeye Gap, the Trail ascends to the sum-
mit of Elk Hollow Ridge and continues west-
erly along the main ridge crest, still follow-
ing the Tennessee-North Carolina State line.
After ascending about 1 mile it goes around
the northern slope of Grassy Ridge Bald;
passes over Jane Bald, through Engine Gap,
over Round Bald; and descends to Carvers
Gap, through which passes Tennessee High-
way 143 or North Carolina Highway 261.
From Carvers Gap the Trail zigzags up the
slope of Roan High Knob passing to the north
of the summit. Beyond Coltens Cliff, the
Trail leaves the summit of Roan Mountain
and descends along the State line passing
through Ash Gap and over Beartown Moun-
tain and Hughes Gap. From Hughes Gap the
Trail ascends to the north to the summit of
Little Rock Knob where it turns westward
and generally descends following the ridge
crest and the State line. Seven miles from
Hughes Gap the Trail swings southwesterly
and descends to Iron Mountain Gap through
which Tennessee Highway 107-North Caro-
lina Highway 226 pass. From Iron Mointain
Gap the Trail ascends to the southwest along
the State line ridge crest, passing over the
summit of Little Bald Knob. It then descends
to the northwest passing south of Piney Ball
and descends to Cherry Gap. From Cherry
Gap the Trail follows the main State line
ridge crest southwesterly and then goeswest
to Low Gap. Beyond Low Gap the Trail as-
cends on the north slope of Unaka Mountain
until it reaches and follows Forest Service
Unaka Mountain Road. At Pleasant Garden
it begins a descent to the southwest to Deep
Gap (shown as Beauty Spot Gap on Geodetic
Survey Maps), it passes over Beauty Spot
then descends to the north side of Indian
Grave Gap and continues to the Nollchucky
River via Curley Maple Gap and Jones
Branch. The Nolichucky River is crossed on
an old concrete highway bridge. From the
west side of the bridge the Trail ascends to
the west and then south along Cliff Ridge.
Cliff Ridge merges with Temple Ridge, which
the Trail follows to the southwest to a point
a short distance below Temple Hill Fire-
tower. From this point the Trail descends
southeasterly to Temple Hill Gap. Beyond
Temple Hill Gap the Trail proceeds to the
east and southeast, maintaining a nearly
constant elevation around the north and east
side of No Business Knob. At Devils Creek
Gap the Trail crosses the State line from
Tennessee into North Carolina and ascends to
the east and then descends to the south to
reach U.S. Route 19W east of Spivey Gap.
At Spivey Gap the Trail crosses U.S. Route
19W. Reaching and climbing Little Bald
Mountain the Trail passes through a treeless
sag known as "Big Stamp." Beyond the sum-
mit of Big Bald it descends westward to Low
Gap, Street Gap, and Sams Gap where U.S.
Route 23 is crossed.
After crossing U.S. Route 23 the Trail
ascends High Rock Knob and continues to
Rice Creek Gap. Four miles beyond the Trail
turns right and the ridge crest is followed
to Sugarloaf Gap where the Trail descends
to Boone Cove Gap and Devil Fork Gap.
From Devil Fork Gap the Trail skirts the
left side of Flint Mountain, crosses the ridge
line into Tennessee and reenters North Caro-
lina at Flint Gap. Ascending northward the
Trail crosses briefly again into Tennessee as
it skirts right of the summit of Green Ridge
Knob and then stays in North Carolina close
to the crest, passing left of Gravel Knob, then
over Big Butt. Here the Trail turns south-
westward along the Tennessee side to .Chest.:
nut Log Gap, follows closely the State line
crest over Bald Mountain to -the Phillips
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
Hollow Trail and goes along the Tennessee
side into Bearwallow Gap. From this Gap the
Trail skirts the North Carolina slope below
the State line crest at Jones Meadow, circles
the south side of Camp Creek Bald Summit
and rejoins the State line just beyond on
Seng Ridge. The Trail descends close to the
State line and crosses Allen Gap at the junc-
tion of North Carolina Highway 208-Tennes-
see Highway 70. Continuing along the State
line the Trail ascends to Buzzard Roost
Ridge, passes through Deep Gap, over Spring
Mountain and Into Hurricane Gap where
forest service roads from both States join.
Proceeding to Rich Mountain the Trail leaves
the State line for 16 miles descending Round-
top Ridge to the French Broad River and
Hot Springs, N.C. Here the Trail follows U.S.
Routes 70 and 25 through Hot Springs for
0.25 mile then ascends the west bank of
North Carolina Highway 209 to the French
Broad Manger Headquarters of the national
forests in North Carolina. The Trail ascends
Deer Park Mountain through Taylor Hollow
Gap and into Garenflo Gap. Ascending from
Garenflo Gap the Trail passes over Bluff
Mountain and around the south slope of
Tennessee Bluff, rejoins the State line and
crosses briefly Into Cocke County, Tenn., just
before coming into Kale Gap and crossing
back to North Carolina. A half mile further
the Trail loops into Tennessee over the sum-
mit of Walnut Mountain and returns to the
State line at Lemon Gap. Here the Trail fol-
lows Rich Mountain, then Max Patch
Mountain.
Generally following the State line crest
the Trail passes through Brown Gap, ascends
Harmon Den Mountain, drops into Deep
(Ground Hog Creek) Gap, and crosses Wild-
cat Top and the West Peak of Snowbird
"Mountain. At Spanish Oak Gap the Trail
turns sharp left from the State line, descends
by a wide loop near the head of Painter Creek
in North Carolina, then swings westward to
cross into Tennessee and descends to pass
under Interstate 40 and then over the Big
Pigeon River on the road bridge 1 mile down-
stream from the North Carolina State line
at Waterville. From south end of Browns
Bridge across Big Pigeon River, 1 mile west
of Tennessee-North Carolina line, the Trail
traverses privately owned land for 1.5 miles,
going south along the right (east) bank of
Tobes Creek. Crossing State Line Branch, the
Trail turns east along State Line Branch for
0.5 mile and goes north to ridge crest which
it follows east and then south to Davenport
Gap. After crossing North Carolina Highway
284 in Davenport Gap the Trail traverses the
Great Smoky Mountains National Park for
some 68 miles. For the first 60 miles the Trail
closely follows the crest of the Great Smoky
Mountains in a southwesterly direction
(which is the State line between Tennessee
and North Carolina) sometimes in one State
or the other, and often directly on the State
line. From Davenport Gap the Trail reaches
the crest at a point 0.5 mile west of Mount
Cammerer, then crosses a spur on Tennessee
side of Sunup Knob, crosses crest of Rocky
Face Mountain, and traverses Low Gap. From
Low Gap the Trail traverses North Carolina
slope of Cosby Knob and Tennessee side of
Ross Knob, goes through Camel Gap and
around Tennessee side of Camel Hump Knob,
traverses North Carolina side of Inadu Knob,
goes through Yellow Creek Gap and Deer
Creek Gap, crosses Pinnacle Lead (a spur off
Old Black), traverses Tennessee slope of
Mount Guyot and crosses Guyot Spur. enter-
ing on the Tennessee side of the Research
Reservation.
The Trail continues around the Tennessee
side of Tirl-Corner Knob (North Carolina
side of Research Reservation begins here),
goes through Big Cove Gap, traverses North
Carolina slope of Mount Chapman, goes
through Chapman Gap, crosses summit of
Mount Sequoyah, goes through Copper Gap,
crosses Eagle Rocks, goes around North Caro-
lina side of Pecks Corner (intersection of
Hughes Ridge and State line--North Caro-
lina side of Research Reservation ends hero),
crosses Woolly Tops Lead (Tennessee side of
Research Reservation ends hero), passes
around Tennessee side of Laurel Top and
goes through False Gap. The Trail then
crosses crest of Porters Mountain on 'Ton.
nessee side, passes through Porters Gap,
continues along the Sawteeth, goes around
Tennessee end of Richland Mountain, goes
through Dry Sluice Gap, goes around Ten-
ne3seo ide of Charlies Bunion, traverses
North Carollina slope of Mount Kophart,
then continue to Newfound Gap where U.S.
Route 441 is crossed. From Newfound Gap the
Trail crosses Mount Mingus Ridge, passes
through Indian Gap and Little Indian Gap,
crosses summit of Mount Collins, passes
through Collins Gap and crosses summits of
Mount Love and Clingmans Dome. From
Clingmans Dome the Trail crosses Mount
Buckley, passes through Double Springs Gap,
crosses Jenkins Knob, continues along "The
Narrows," and reaches the summit of Silers
Bald, From Silers Bald the Trail ptzs
through Buckeye Gap, crosses North Carolina
side of Cold Spring Knob, crosses Hemloel
Knob, traverses slope of Mount Davis, passes
through Sams Gap, crosses Derrick Knob and
Chestnut Bald, goes through Sugar Tree Gap
and Starkey Gap, traverses North Carolina
slope of Brier Knob near the summit, passes
through Mineral Gap and Beechnut Gap,
and crosses summit of Thunderhead. From
Thunderhead the Trail crosses Rocky Top,
Spence Field, and Mount Squires, passes
through Maple Sugar Gap and McCampbell
Gal$, traverses North Carolina side of
McCampbell Knob and Russell Field and
passes through Little Abrams Gap and Big
Abrams Gap. After reaching the crest of
Locust Knob It crosses Devils Tater Patch,
passes through Ekaneetlee Gap, goes around
North Carolina side of Powell Knob, passes
through Mud Gap, and reaches summit of
Doe Knob.
NORTH cAWOLINA
At Doe Knob the Trail leaves crest of
Great Smokies and turns south into North
Carolina. From Doe Knob the Trail traverses
west slope of Greer Knob and passes ,through
Birch Spring Gap, Red Ridge Gap, and Sas-
saTras Gap. From Sassafras Gap the Trail
follows a jeep road south for about 0.3 mile
to a point 0.1 mile southwest of Shucstacl
where it leaves the road and continues south
down the ridge. It then turns east and passes
through gap between Shuckstack and Little
Shuckstack, goes around west side of Little
Shuckstack and descends along ridge reach-
ing road 0.6 mile north of Fontana Dam, The
Trail follows this road to Fontana Dam on
Little Tennessee River where it exits Great
Smoky Mountains National Park. The Trail
crosses Little Tennessee River on walkway
along top of Fontana Dam and into the
Nantahala National Forest. After following
a curving ridge crest for about a mile, the
Trail exits national forest land, passes by
east side of Fontana swimming pool, Imme-
diately crosses road leading to Fontana boat
dock, then crosses Highway 28 into the
Nantahala National Forest, From Highway
28 the Trail leads south to Walker Gap and
then to Black Gum Gap, It continues east
along ridge crest, traverses south slope of
High Top, passes through Cable Gap, tra-
verses south slope of Tommy Knob, and con-
tinues to Yellow Creekh Gap, From Yellow
Creek Gap the Trail goes south to Cody
Branch and continues southeast to Cody
Gap. In Cody Gap the Trail turns south and
crosses crest to Cheonh Mountain, continues

along ridge crest, in an east-southeast di-
rection, and passes through Brown Fork Gap,
Sweetwater Gap and Stekoah Gap. From
Stekoah Gap the Trail continues southeast
through Simp Gap and Locust Cove Gap and
crosses summit of Cheoah Bald.
From Cheoah Bald the Trail continues
northeast through Sassafras Gap, crosses
summit of Swim Bald, traverses "The Jump-
Up", passes through Grassy Gap, traverses
south slope of Tyre Knob, follows for about
a mile. the crest of ridge running south of
Tyre Knob for about a mile, then leaves-ridge
crest and goes east to dist road in gap in
Flint Ridge. Fro&s this gap the Trail descends
the southwest slope of Flint Ridge to the
Nantahala River where it crosses a bridge.
It crosses U.S. Route 19 and enters the Nan-
tahala National Forest and continues to the
summit of Wesser Bald. From Wesser Bald
the Trail follows the crest of the Nantahala
Mountains southward passing through Tel-
lico Gap and traversing the western spurs of
Rocky Bald, Black Bald, Tellico Bald, and
Copper Bald. From Copper Bald the Trail
traverses Burningtown Gap, Licklog Gap and
the summit of Wayah Bald. From Wayah
Bald the Trail follows the west slope around
Wine Springs Bald switching back to the
east slope of the ridge leading southward
along the east slope of Silers Bald, continues
southeast, traversing west slope of Sheep
Knob before turning south to Panther Gap.
From Panther Gap the Trail traverses east
slope of Panther Knob. -continues south to
Swinging Lick Gap, turns east to Winding
Stair Gap, traverses west slope of Rocky Cove
Knob and west shoulder of Buck Knob and
crosses U.S. Route 64 in Wallace Gap. From
Wallace Gap the Trimn follows White Oak
Bottoms Road south to Rock Gap, traverses
west slope of Little Bald Mountain, goes
through Glassmlne Gap and regains the
main ridge crest on north- side of Big
Pinnacle.
The Trail continues south through Big
Spring Gap, across the summit of Albert
FEDERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971
NOTICES
Mountain on to Bear Pen Gap, traverses east
side of Big Butt, Mooney Gap, and Bettys
Creek Gap and continues along crest'of Little
Ridgepole Mountain to Ridgepole Mountain
where the Nantahala Mountains end. From
Ridgepole Mountain the Trail continues
along the Blue Ridge traversing Carter Gap.
turns west to Coleman Gap, traverses north
slope of Little Bald Mountain, goes through
Beech Gap. turns north to crest of Standing
Indian range, and traverses Deep Gap. From
Deep Gap the Trail goes west along south
end of Yellow Mountain to Wateroak Gap,
turns southwest, crosses Chunky Gal Moun-
tain, passes through Whiteoak Stamp, tra-
verses west side of Big Kitchens Knob. crosses
Little Mountain. and traverses Sassafras
Gap. It then goes around shoulder near top
of Court House Bald and through Court
House Bald Gap, traverses west side of Sharp
Top and continues to Bly Gap on the North
Carolina-Georgia line where the trail exits
the Nantahala National Forest.
GrORsoA
The Appalachian Trail enters Georgia and
the Chattahoochee National Forest at Bly
Gap and runs generally south, passing to the
east of Rich Knob, over Rocky Knob,
Wheeler Knob, through Blue Ridge, Plum
Orchard and Cowart Gaps. It crosses U.S.
Route 76 and Dicks Creek east of Dicks Creek
Gap, continues through Parks Gap and
crosses York Ridge at Muley Mountain. It
crosses Moccasin Creek and climbs Bramlet
Ridge at Hellhole Mountain, then runs west
along the crest of Bramlet Ridge to Dismal
Mountain.
From Dismal Mountain the Trail swings in
a southwesterly arc, traversing the swag of
Blue Ridge, Steeltrap and Wolfpen Gaps and
over the top of Tray Mountain. Through
Tray Gap where the Trail crosses Forest
Service Road 79 and continues to Indian
Grave Gap, crosses Forest Service Road 283,
ascends Rocky Mountain where It runs
along the crest of the ridge and then
drops down to Unicol Gap and Georgia High-
19807
way '75. Ascending Blue Mountain the Trail
continues through Henson Gap to Red Clay
Gap where It again changes to a southerly
course, crosses the headwaters of the Chatta-
hocchee River and follows generally the
course of the river to Low Gap Creek where
It leaves the river and ascends to the sum-
mit of Poe Knob and there changes to a
couthwesterly course. It passes through Cool
Springs Gap, crosses Richard B. Russell
Scenic Highway (Georgia Highway 348) near
Piney Mountain, passes Raven Cls and to
the south of Wildcat Mountain descends Into
the deep gorge of Town Creek, ascends and
croszes Big Ridge at the south end of Cow-
rock Mountain, goes over Turkeypen Moun-
tain and Levelland Mountain and crosses
U.S. Routes 19 and 129 in the vicinity of
Neels Gap. From Neels Gap it Is 2 miles
by Trail to the top of Blood Mountain, high-
est elevation on the Georgia section of the
Trail. At the top of Blood Mountain the
Trail assumes a northwesterly direction to
follow Duncan Ridge. crossing Slaughter
Mountain and through Wolfpen Gap where
It crosses Georgia Highway 180 and goes over
Wildcat Knob and Coosa Bald. Then In a
westerly direction it goes over Buckeye Mnob.
Wildcat Knob and to Mulky Gap where it
crosses Forest Service Road 4 and continues
west crossing Akin Mountain, Fish Knob,
Gregory Knob and Rhodes Mountain At this
point the Trail again assumes a southerly
course over Licklog Mountain, Wallalah
Mountain and crosses Georgia Highway 60
at Little Skeenah Creek. Following the crest
of Toonowee Mountain it crosses the Toccoa
River and passes through Sapling Gap. goes
over John Dick Mountain and on to Three
Forks and Forest Service Road 58 where three
streams join to form Noontootla Creek. Here
the Trail crosses the stream and Forest
Service Road 58, then ascends Rich Moun-
tain and follows the length of the ridge.
drops down to cross Forest Service Road 42
and ascends to the summit of Springer
Mountain. southern terminus of the Appa-
lachian Trail.
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
o l !:," ,,'s330o
I:,i

ost PO CA
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
REFERENCE.....89
Vermont - Massachusetts PRIVATE....
APPALACHIAN TRAIL FEDERAL .....
MP1/22 0 SCALE: STATE .........
| I 2 3 MILES
MAP NO. 24 Li [ i TRAIL ...........000*

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

 NOTICES 1983.3

DETAIL MAP 88
REFERENCE..... 89
Massachusetts PRIVATE..I.I..
APPALACHIAN TRAIL FEDERAL ..... --

SCALE: STATE ......... I 7,

I 0
0/ I 2 3 UILES

MAP -NO.25 I I l 1 I i TRAIL ......... *

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

19834 NOTICES
I IV

DETAIL MAP 88
REFERENCE.....-
Massachusetts PRIVATE ...... I
APPALACHIAN TRAIL FEDERAL .....
SCALE: STATE .........
I I/2 0 I 2 3 MILES

MAP NO. 26 I IIIIIII TRAIL .......... #

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

 NOTICES 19S35

DETAIL MAP 88
REFERENCE.....89
Massachusetts - Connecticut PRIVATE ....
APPALACHIAN TRAIL FEDERAL .....
SCALE: STATE .........
I 1/2 0 I 2 3 UILES

MAP NO.27 I TRAIL ......... *.

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

19836 NOTICES

DETAIL MAP 88
REFERENCE.....89

Connecticut PRIVATE ...... I i

APPALACHIAN TRAIL FEDERAL ..... II
SCALE: STATE .........
1 1/2 0 1 2
t
3 MILES
I I 1 1
T RA IL .......... *4"4
MAP NO. 28 II 1 Ii Iia

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

 NOTICES 19837

inermy \,quuuL,;// [
DETAIL MAP 88
REFERENCE....

Connecticut - New York PRIVATE.LI...

APPALACHIAN TRAIL IZ
FEDERAL .....
SCALE: STATE........ ii
I 1/2 0 I 2 3 MILES
MAP NO. 29 TRAIL ..........

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

19838 NOTICES

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

I 1/2 0 SCALE:
I 2 3 MILES
STATE .........
MAP NO. 30 II I I I I TRAIL ..... 40a-

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

 NOTICES 19839

Balmavl~l Br way oa
32 eaco nha

"!STo52 Groveville 9 II H N ND "

32 38oG/~:T
Dutchess

Juncq6n E

01 ) r im

LapC ,ie t; . % rn Jffr

MA N .1 201 FR I .......
A

Pu S-MOUNTOF

DETAIL MAP 88

N' REFERENCE.89.
New York PRIVATE .I.. I
APPA LACH I AN TR A IL FEDERAL .... Z.:1-
MPN31SCALE: 0IL... STATE ....
TR/A

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

19840 NOTICES

17m

Harriman

Ard

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

.SCALE: STAT E .........

I 1/2 0p I 2I -3 MILES

MAP NO.32 TRAIL .....

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

 NOTICES 19841

DETAIL MAP 88
. REFERENCE..... 89

'New York - New Jersey

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

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

I 1/2
I!
0
!
I
t
2 3 MILES

MAP NO.33 Q;!!

1 = iiiiiiI TRAIL .....

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

66-000 0 - 71 - 5
19842 NOTICES

i49( lnre
DETAIL MAP 88
REFERENCE.....8 -
New York - New Jersey PRIVATE......I
APPALACHIAN TRAIL FEDERAL .L...
SCALE: STATE .........
i 1/2 0 1 2 3MILES
I I I I
MAP NO. 34 TRAIL ......... -"

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

 NOTICES 19843

DETAIL MAP 88
REFERENCE.....89

New Jersey
PRIVATE ...... I I
APPALACHIAN TRAIL FEDERAL .....
SCALE: STATE........
I I/M A I 2 3ILCS
MAP NO. 35 I TRAIL .....

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

19844 NOTICES

DETAIL MAP 88
REFERENCE....89
New Jersey - Pennsylvania PRIVATE .......
APPALACHIAN T R AI L FEDERAL ..... IIIIIII
SCALE. 3 MILES STATE .........
1/2 0
LmI ' l - I I0 TRAIL
RAII ......
....
MAP NO.36

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

 NOTICES 19845

N "J
0 000'
. ,
'

REFERENCE ... 9

- AME
LAND~ -

La ,. ~ ~Cearfield "(.

DETAIL MAP 88
REFERENCE..89
Pennsylvania PRIVATE -....... I I
TRAIL FEDERAL ...
APPALACHIAN
SCALE: S TA T E ... ....
I 2 3 UILES
I 1/2 0

1I TRAIL ..........
MAP NO.37

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

19846 NOTICES

g'[ '- '

.>

;'7 t ',

6-!

.A 'EGPI . ,
C C

dc

Q
< lto 4_ Vi, .
2

N E. b r-J l vi -- .

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I

MAP O.38TRAI....
DETAIL MAP 88
~~REFERENCE ..
SPennsylvania PRIVATE.I
A PP AL A CHI AN TR A IL FEDJERAL ... lI~. ;I;;Il
W 1/2 0 SCALE:
I 2 3ILES ST T E ..... illlllllllllllll
II I IT. .

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

 NOTICES 19847

reaseW
-' C. - - 2

__.= . .,- o -

CP -< .*-*.--N'

.- 00--
- 0,

-- =

99~

7- t ~ 5 O~-. ~ DETAIL' MA08 2J,~

M-- ' R REAC

PRVAE.I

Pennsylvania

APPALACHIAN TRAIL FEDERAL .....

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

MAP NO.39 TRAIL ..........

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

19848 NOTICES

A /A fl) F- ?t)..X MohrsvieX*,,

DETAIL MAP 88
K REFERENCE....89
Pennsylvania PRIVATE .... II..
APPALACHIA'N T R A IL FEDERAL: ....
scat r: STAT E......... l I
1/2 0 I 2 3 MILES
w -

MAP NO. 40 L.
t 1I ii TRAIL .......... w

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

 NOTICES 19849

DETArL KAP 88
REFERENCE ....
89
PRIVATE ......
Pennsylvania -
APPALACHIAN TRAIL FEDERAL .....
STATE .........
l 0 SCALE: ='
MAP NO. 41 TRAIL .....

FEDERAL REGISTER, VOL 36, NO. 197-SATUDAY, OCTOBI 9r 1971

19850 NOTICES

DETAIL MAP 88
REFERENCE.....89
Pennsylvania PRIVATE .II
APPALACHIAN TRAI L FEDERAL .... III:
SCALE: STATE .........
I 1/2 0 2 3 MILES
MAP NO 42 It-- -
, ... I TRAIL .......

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

 NOTICES 19851
I

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

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

I 1/2 o 2 3 MILES

MAP NO. 43 I T l ' r I TRAIL .....**

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

19852 NOTICES

DETAIL MAP 88
REFERENCE....
Pennsylvania PRIVATE .......
APPALACHIAN TRAIL FEDERAL ..... I
SCALE:
I
STAT E.. .......
I 1/2 0 3 MILES
MAP NO. 44 I,
,i' . ii I TRAIL ..... 0

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

9, 1971
 I NOTICES 19853

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

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

2 3 uILTS
I 1?2 0

MAP NO. 45 1 1 1 ! I TRAIL .....

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

19854 NOTICES
N

DETAIL MAP 88
REFERENCE....9
Pennsylvania PRIVATE ....... Z
APPALACHIAN TRAIL FEDERAL.... I
SCALE: STATE .........
I 1/2 0 I 2I 3 MILES
MAP NO. 46
I

i__
I I

[
I

r I ! TRAIL ..........

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

 NOTICES 19855

NOTCbrook 15

t Mo t Hope

Qui~
~ q ~ /soi1
e 4 ,~A ~ So ~ nt"ountaQ
4

lees~le 6LLr

t te

--Y"- ForVATE..or
Ringgold q n ,

DETAIL MAP 88
NREFEENCE ..89
Maryland
Pennsylvania - PRVTE E IZIIZ
APPALACHIAN TRAIL FEDERAL ..

MAP NO. 47 t SCALE: SAE

TRAIL.....
I I/2 0 I 2 3 UILE$

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

19856 NOTICES

DETAIL IMAP 88
RE FERENCE....
Marrylond PRIVATE.[ 1111]
APPAL ACH I A N TRAIL FEDERAL ..... I
I/2, 0 SCALE: STATE .........
3 MILES
I n

MAP NO.48 ... . il SCAL -E: TRAIL ......... #

FEDERAL RECISTER, VOL 36, NO. 197-SATURDY, OCTOBER 9, 1971

 NOTICES 198571

DETAIL MAP 88
REFERENCE..... 89
Maryland - Virginia PRIVATE.....I.I

APPALACHIAN TRAIL FEDERAL .....

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

I 1/2 0 I 2 3 UILES

MAP NO. 49 I TRAIL ..... 0

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

19858 NOTICES

DETAIL MAP 88
REFERENCE....9
Virginia PRIVATE ..... I I
APPALACHIAN TRAIL FEDERAL..... II
SCALE: STAT E .........
I 1/2 0 2 3 MILES

MAP NO.50 I I I 1 I I TRAIL ..........

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

 19859

DETAIL MAP
Virginica I 889
REFERENCE. ....
APPAL ACHIAN
TRAIL FEDERAL....
MAP NO. 5 1
4:.....2 SSC
[. : J
3
UILS STATE...
TRAIL.....
FEDERAL REGISTER,
VOL 36, No. 197-SATURDAy,
OTOER 9, 97|
19860 NOTICES

DETAIL MAP 88
REFERENCE.....89

Virginia PRIVATE ....... I

APPALACHIAN TRAIL FEDERAL .....

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

I 1/2 0 1 2 3 MILES
-I t

L1r
---- ---

1 2!
i ' TRAIL ..........
MAP NO. 52

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

 NOTICES 19861

DETAIL MAP 88
REFERENCE.....89
Virginia PRIVATE ...... L
APPALACHIAN TRAIL FEDERAL .....

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

MAP NO. 53 TRAIL ..........

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

19862 NOTICES

DETAIL MAP 88
REFERENCE....?W
Virginia PRIVATE ....... I
APPALACHIAN TRAIL FEDERAL .....

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

I 2

MAP NO. 54
I

I, i 'l
0
?/2

Ill I rl
3 MILES
/ TIRAIL .......... #4-"*-- .w

FI0ERAL REGISTER, VOL 36, NO. 197-SATURDAY, OCTOBER 9, 1971

 NOTICES 195&3

DETAIL MAP 88
REFERENCE..89

Virginia PRIVATE ....... I I

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

MAP NO. 55 I l I 1 r I TRAIL ..........

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

19864 NOTICES

DETAIL MAP 88
REFERENCE....89

Virginia PRIVATE .... i.I.

~ii~~iii
-FEDERAL .. [ ............-...
APPALACHIAN TRAIL

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

I1 I/2 ? 1 2
3 MILES

MAP NO. 56 I T I I I I TRAIL ..... 0*

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

 NOTICES 19865

DETAIL MAP 88
REFERENCE.....89
Virginia PRIVATE .......
APPALACHIAN TRAIL FEDERAL .....

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

11I2 0 ! 3 MILES
1 -,- 01

MAP NO.57 TRAIL ..........

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

66-000 0 - 71 - 6
19866 NOTICES

L -... ... .e....... i '

00

Ca , i:"-f.':

. .... .-.
... :

F ..
...
...
...........-..-
...... ., .. ,.?
::: ..... ;.::... .: ... . ............

DETAIL MAP 88
/ ~R
EFERENCE ..... 89"
Virginia PRIVATE ....... !

AP PA L A CH IAN T R A 1,L F ED ERAL ..... l]i:!i i;i;;i! !;i

SCALE: STAT E .........
I23 PAIL E S
I 2 0
MAP N0.58 I 1 I. TRAIL ........... o# %20-w

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

 NOTICES 19867

- '

DETAIL MAP 88
REFERENCE.....89

Virginia PRIVATE ....... I I

APPALACHIAN TRAIL FEDERAL .....

SCALE: STAT E .........

I 1/2 0 I 2 3 UlLrS

MAP NO.59 I P I P ! I TRAIL .......... .

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

19868 NOTICES

DETAIL MAP 88
. REFERENCE..... 89
VIRGIPIIA PRIVATE...[..
APPALACHIAN TRAIL FEDERAL ....

SCALE: STAT E .........

I 1/2 0 I 2 3 MILES
MAP NO. 60 [L.-- I F r I TRAIL ..... o

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

 NOTICES 19869
New.......C....st..
.OIE
..... 869...

. .-
. ......

.................

4 H.pi .. ..........
........
awba..'............. H.

.........
. ....... .. ..

Wo.d.......162 .

MAP....
6 ... TRI...

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

19870 NOTICES

onaI4%4ho GAME ~UGE

DETAIL MAP 88
N REFERENCE....89
Virginia PRIVATE,., I I

APPALACHIAN TRAIL FEDERAL......

SCALE: 3MILESTATE .........

MAP 'NO. 62 .. . .- -- TRAIL ..........

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

 NOTICES 19871

DETAIL MAP 88
XREFERENCE.....89
Virginia PRIVATE ...... i
APPALACHIAN TRAIL FEDERAL .....
SCALE: STAT E .........
I 1/2 0 I 2 3 MILES
I
T ITRAIL
I l- ..........
MAP NO.63

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

19872.- NOTICES

DETAIL MAP 88
REFERENCE....89
West Virginia - Virginia PRIVATE....I.I.
APPALACHIAN TRAIL FEDERAL .....
SCALE: STATE .........
1
I I
1/2 0 S 2 3 MILES
MAP NO. 64 T R A IL .......... " '

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

 NOTICES 19873

Pumpkin C r,,

DETAIL MAP 88
- REFERENCE.....89
Virginia PRIVATE. 111111
APPALACHIAN TRAIL FEDERAL.....

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

0 2 3 MILES
MAP N0.65
M
.
A/2
. I I TRAIL .......... h

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

19874 NOTICES

N. ,J

DETAIL MAP 88
REFERENCE....89
Viriginia PRIVATE...L...
APPALACHIAN T.R A I L FEDERAL .....I

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

I 1/2 0 3 MILES

MAP NO. 66 I 1 ! 1 1 I TRAIL .... ...

#"0 '-

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

 NOTICES 19875

DETAIL MAP 88
REFERENCE.....89
PRIVATE .......
Virginia
APPALACHIAN TRAIL FEDERAL ..... II
SCALE: STATE.........
I 1/2 0 I 2 3 UlLES
I , ! !

MAP NO. 67 I ! [ r I I TRAIL .....

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

19876 NOTICES

DETAIL MAP 88
x REFERENCE.....89
Virginia PRIVATE.......
APPALACHIAN TRAIL FEDERAL.....

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

MAP NO.68 L.
[ iii TRAIL ......... #

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

 NOTICES 19877

DETAIL MAP 88
N REFERENCE.....89

Virginia - Tennessee PRIVATE ....... I I

APPALACHIAN T R A IL FEDERAL.....
SCALE: STATE .........
I 1/2 0 I 2 3 MILES
1 1T - T T I TRAIL .......... #
MAP N0.69

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

19878 NOTICES

DETAIL MAP 88
REFERENCE.....89
Virginia - Tennessee PRIVATE...I.I
APPALACHIAN TRAIL FEDERAL .....

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

I 11/2 0 I 2 MILES

MAP NO. 70 TRAIL ..........

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

 NOTICES

DETAIL MAP 88
K REFERENCE..... 89
Tennessee PRIVATE .......
APPALACHIAN TRAIL FEDERAL .....
A,
OVALL*
=. STATE .........
1 1/2 0 1 2 3 1ILLS

MAP NO. 71 I " ! I r I TRAIL .......... #

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

19880 NOTICES

DETAIL MAP 88
NREFERENCE.....89
Tennessee - North Carolina PRIVATE .......
APPALACHIAN T R A IL FEDERAL ....

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

MAP NO. 72 TRAIL ..........

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

 NOTICES 19881
... ... .......
......................................
..............................
.. .. IN .........
............ ...
..
...
..
.......
........
...................

.........
...........
.....
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.... 107
...........
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...........
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........
..........
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...............
................
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.................
.....................................
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........
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....
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........
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......... ..
.. ........... ....
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...
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DETAIL MAP 88
REFERENCE.....89
Tennessee - North Carolina PRIVATE ....... I I
APPALACHIAN TRAIL FEDERAL .....

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

I 1/2 0 2 3 MILES

MAP NO. 73 I l l ! r I TRAIL ...........

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

19882 NOTICES

DETAIL MAP 88
REFERENCE ....
89
Tennessee - North Carolina PRIVATE...IZI
APPALACHIAN TRAIL FEDERAL.. II
SCALE: STATE .........
I 1/2 0 1 2 3MILES
MAP NO.74 nIkzz;;;
TRAIL .......... w

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

 NOTICES 9
19883

4AL ... .
REST
DETAIL MAP 88
REFERENCE.....89
Tennessee - North Carolina PRIVATE ..... I. I
APPALACHIAN TRAIL FEDERAL .....
STATE ......... [
M 1/2 0 I
1
2
4
3 UILCS
MAP N.75 I I
TRAIL ..........

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

19884 NOTICES

DETAIL MAP 88
REFERENCE.....89
Tennessee - North Carolina PRIVATE.......
APPALACHIAN TRAI L FEDERAL.

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

I 1/2
!
0I 2 3 MILES
MAP NO. 76 L
6=- 1=;;r = TRAIL .......... "

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

 NOTICES 19885

DETAIL MAP 88
REFERENCE..... 89

TENNESSEE-NORTH CAROLINA PRIVATE......

APPALACHIAN TRAIL FEDERAL ..... I
SCALE: STATE .........
I 1/2 0 I 2 3 UILES

MAP NO. 77 IJ TRAIL ..........

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

19886 NOTICES

........ ...
. ....
..... ..... ;. : . ...
.::: < :::::::
......
.....
............ .. "...............................
.......... ..........
............................

DETAIL MAP 88
REFERENCE...89

TENNESSEE-NORTH CAROLINA PRIVATE...I..

APPALACHIAN TRAIL FEDERAL .....

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

I 1/2 0 2 3 MILES

I I I I l I TRAIL ..........
MAP NO.78

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

 NOTICES 19887

DETAIL MAP 88
REFERENCE.....89

Tennessee - North Carolina PRIVATE ......

AP-PALACHIAN TRAIL FEDERAL .....
STATE .........
11/2 0 SCALE: 2 3 UILES

MAP NO. 79 I P r T F I TRAIL .........

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

19888 NOTICES

DETAIL MAP 88
REFERENCE....89

NORTH CAROLINA PRIVATE...I.I

APPALACHIAN TRAIL FEDERAL .....

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

MAP NO. 80 I.I I iiI I TRAIL ..........

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

 19889
NOTICES

:e-f I
N DETAIL MAP
REFERENCE.....89
88

PRIVATE .......
North Carolina - Georgia
APPALACHIAN TRAIL FEDERAL.1111111

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

I 1/2 0 I 2 3 UlLrS

MAP NO.. 8 I 1 ! P ! I TRAIL ..........

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

19890 NOTICES

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

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

II 1/2 0 i -
2 3 MILES
r
MAP NO. 82 L ! I, 1 [ I TRAIL ..........

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

 NOTICES 19891

-*. ........... .-.

DETAIL MAP 88
X REFERENCE..... 89

Georgia PRIVATE ....... I I

APPALACHIAN TRAIL FEDERAL .....

SCALE: STATE ......

I 1/2 0 I 2 3 UILCS

MAP, NO. 83 1 TRAIL ..........

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

19892
NOTICES

DETAIL MAP 88
X REFERENCE.....89

Georgia PRIVATE...... I I
APPALACH.IAN RL
TRAI FEDERAL ....
et,^, cm STATE .........
I 1/2 0 I 3 MILES

MAP NO. 84 1 1 f 1 I I TRAIL .......... -

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

 NOTICES 19893

.B C:;"ii:.:.-*-/ ..
'...'
- .. ... . . --
: . . . . . "' ::
. ........

- . .-.. ... ........................

...... . .-...... :.-::
L :. :.....:::::. ...... ........-.
....... ..
................ . ...
....

*s
.,22/5 .-* -:

- - .

KOUNT -
OGLETHORPE

: o /%'l ",. '%

JA o'
DAWSON CO' . ..
fire
=-
PiCKENS CO

DETAIL MAP 88
REFERENCE....9

Georgia
PRIVATE ....... EI I

APPALACHIAN TRAIL FED ERAL.....

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

MAP NO. 85 TRAIL ..........

[rE Doc.71-14456 Filed 10-8-71;8:45 am]

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