-
FE DERALREGISTERVOLUME 36 NUMBER 80Saturday, April 24, 1971
Washington, D.C.
Pages 7731-7826Part I
(Part II begins on page 7775)
Agendcs in this issue-Agricultural Research ServiceAtomic Energy
CommLslonCivil Aeronautics BoardCivil Service CommissionCommerce
DepartmentConssmer and Marketing ServiceDefence DepartmentDomestic
Commerce BureauEnvironmental Protection AgencyFederal Register
Administrative
CommitteeFederal Communications CommissionFederal Power
CommizzionFederal Rezerve SystemFederal Trade CommiionFish and
Wildlife ServiceFood and Drug AdministrationFood and Nutrition
ServiceGeneral Servicez Admin'strationGeological SurveyHealth,
Education,
and Welfare Department;Internal Revenue ServiceInterstate
Commerce CommissionMaritime AdministrationNarcotics and Dangeroas
Drugs BureauNational Highway Tralc Safety
AdministrationNational Oceanic and Atmospherc
AdministrationPackers and Sto-yards
AdministtionSecurltes and EZchange Commission
-Detailed litt of Contents appears inside.
. No. 80-Pt. I- 1
-
Current White House Releases
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The regulatory material appearing herein is keyed to the CODE oP
FEDERAL REGULATIONS, which Is published, under 60 titlej,
pursuantto section 11 of the Federal Register Act, as amended (44
U.S.C. 1510). The CODE OF FEDERAL REGULATIONS Is sold by the
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There are no restrictions on the republication of material
appearing in the FEDERAL REGISTRn or the CODE Or FrOD=aL
REGULATIONS,
-
ContentsAGRICULTURAL RESEARCH
SERVICERules and RegulationsBrucellosis; modified certified
areas -....--.........- ----- 7737Hog cholera and other
communi-
cable swine diseases; areasquarantined (3 documents).. 7736,
7737
AGRICULTURE DEPARTMENTSee Agricultural Research Serv-
ice; Consumer and MarketingService; Food and NutritionService;
Packers and StockyardsAdministration.
ATOMIC ENERGY COMMISSIONNoticesConsolidated Edison Company
of
New. York, Inc.; order con-vening conference and eviden-tiary
hearing -------------- 7761
Consumers Power Co.; order con-vening evidentiary hearing----
7761
Consumers' Union et al.; petitionto establish model rules of
prac-tice for citizen participating inagency proceedings
..--------- 7761
Vermont Yankee Nuclear PowerCorp.; order confirming orderfor
prehearing conference ---- 7761
CIVIL AERONAUTICS BOARDNoticesHearings, etc.:
International Air TransportAssociation -------------- 7761
Royalair Ltd ..- ---- 7762
CIVIL SERVICE COMMISSIONRules and RegulationsEmployee
responsibilities and con-
duct; gifts etc.; correction ... 7735Excepted service:
Economic Opportunity Office.-. 7735Inter-American Social
Develop-
ment Institute ------------ 7735Navy Department -----------
7735
COMMERCE DEPARTMENTSee also'Domestic Commerce Bu-
reau; Maritime Administration;National Oceanic and Atmos-pheric
Administration.
NoticesDuty-free entry of scientific arti-
cles; decisions on applica-tions:
NYS Institute for Basic Re-search in Mental Retardation.
7760
University of MissourL ------- 7759U.S. production of .soluble
coffee;
solicitation of certified informa-tion --------------------
7760
CONSUMER AND MARKETINGSERVICE
Rules and RegulationsLemons grown in California and
Arizona; handling limitations-- '735Type 62 shade-grown
cigar-leaf
tobacco grown in designatedproduction areas of Florida
andGeorgia; expenses and rate ofassessment ----------------
7736
Proposed Rule MakingAilk in Massachusetts-Rhode Is-
land-New Hampshire marketingarea; decision ----- - 7744
DEFENSE DEPARTMENTNoticesSecretary of the Army et al.; dele-
gation of authority regardingcontracts for procurement ofpublic
utility services ....... 7759
DOMESTIC COMMERCEBUREAU
Proposed Rule MakingUse of priority ratings for inven-
tory replacement; notice of pro-posed change In time period--
7751
ENVIRONMENTAL PROTECTIONAGENCY
NoticesShell Chemical Co.; extension of
temporary tolerance ....... 7762
FEDERAL COMMUNICATIONSCOMMISSION
Rules and RegulationsTelevision stations; limitation of
access to programs of more thanone national network; correc-tion
-- - 7741
FEDERAL POWER COMMISSIONNoticesHearings, etc.:
Atlantic Richfield Co. et aL___ 7762Boston Gas Co. (2 documents)
- 7765Cornutt, Dana P. et al........ 7765MissLsippi River
TransmissIon
Corp 77G6Southern Natural Gas Co..... 77G6Southwestem Power
Adminis-
tration, Department of In-terior ------- ....----------- 766
FEDERAL REGISTERADMINISTRATIVE COMMITTEE
NoticesHighlights listing; notice of excep-
tions --------------.... -- 7- 1757FEDERAL RESERVE SYSTEMRules
and RegulationsCredit to contribute capital to
brokers and dealers; exceptionsto general rule-_, 7738
Proposed Rule MakingCredit to contribute capital to
brokers and dealers ..... 7751
FEDERAL TRADE COMMISSIONProposed Rule MakingLabeling and
advertis-ing require-
ments for detergents; notice ofrevlzed and additional hear n _
7756
FISH AND WILDLIFE SERVICERules and RegulationsJ. Clark Salyer
National Wildlife
Refuge, N. D k.; sport fishin-g_ 7742
FOOD AND DRUGADMINISTRATION
Rules and RegulationsAntibiotic drugs; penicllglmine__ 7739Food
additives: correction regard-
ing rodium nitrite------ 7739Proposed Rule MakingSterile rodium
colistimethate;
propozal regarding certificationrequirements 7752
FOOD AND NUTRITIONSERVICE
NoticesFood Stamp Proram; masi-
mum monthly allowable incomestandards and basis of couponi
suance in Ha waii, correction__-. 7759
GENERAL SERVICESADMINISTRATION
NoticesSecretary of Dafense; delegation
of authority- --------- 7767
GEOLOGICAL SURVEYNoticesGeothermal Steam Act of 1970;
known geothermal resource3areas, partial list; correction-
7759
HEALTH, EDUCATION, ANDWELFARE DEPARTMENT
See aLso Food and Dr-ug Admin-istration.
NoticesOffice of M ,anagement; change of
office title 7761INTERIOR DEPARTMENTSce Fish and Wildlife
Service;
Geolouical Survey.
INTERNAL RWENUE SERVICERules and RegulationsExcize taxes;
election to subject
certain debt obligations to tax- 7739Manufacture of opium for
smoh-
ing Purpozes etc.; rezcizsion ofcertain parts; cro s reference
7741
(Cartinuct or. next page)
7733
-
7734
NoticesGrants of relief regarding fire-
arms:Calderon, Maurice N ---------- 7757Finn, Herbert Jerome
--------- 7757Leverett, Paul L ------------- 7758Ruse, Claude A
-------------- 7758Vigorito, Antonio ------------ 7758
INTERSTATE COMMERCECOMMISSION
Rules and RegulationsAbandonment of railroad lines--
7741NoticesCentral Railroad Company of New
Jersey; rerouting or diversion oftraffic ----------------------
7769
JUSTICE DEPARTMENTSee Narcotics and Dangerous
Drugs Bureau.
MARITIME ADMINISTRATIONProposed Rule MakingProposed method for
determina-
tion of construction-differentialsubsidy by type of vessel
------ 7751
CONTENTS
NARCOTICS AND DANGEROUSDRUGS BUREAU
Rules and RegulationsRegulations implementing the
Comprehensive Drug AbusePrevention and Control Act of1970
----------------------- 7776
NATIONAL HIGHWAY TRAFFICSAFETY ADMINISTRATION
Proposed Rule MakingExtension of time for filing com-
ments regarding:Indirect visibility ------------ 7753Rearview
mirrors ------------ 7753
NATIONAL OCEANIC ANDATMOSPHERICADMINISTRATION
NoticesFrostman, James H.; notice of
loan application ------------- 7759
PACKERS AND STOCKYARDSADMINISTRATION
NoticesDale County Swine Breeder's
Assm. et al.; deposting of stoc-yards ----------------------
7759
SECURITIES AND EXCHANGECOMMISSION
NoticesHearings, etc.:
Brokerage Data ProcessingCorp --------------------- 7707
Columbia Gas System, Ine. etal ------------------------ 7768
Missouri-Kansas Pipe Line Co. 77609
TRANSPORTATION DEPARTMENTSee National Hlghvmy Traffio
Safety Administration.
TREASURY DEPARTMENTSee Internal Revenue Service.
List of CFR Parts AffectedThe following numerical guide is a
list of the parts of each title of the Code of Federal Regulations
affected by
documents published in today's issue. A cumulative list of parts
affected, covering the current month to date,
appears following the Notices section of each issue beginning
with the second issue of the month.
A cumulative guide is published separately'at the end of each
month. The guide lists the parts and sections
affected by documents published since January 1, 1971, and
specifies how they are affected.
5 CFR213 (3 documents) -------------- 77351001
--------------------------- 7735
7 CFR910 .. ...... ' -------------------- 77351201
--------------------------- 7736
PROPOSED RULES:1001 -------------------------- 7744
9 CFR76 (3 documents) ----------- 7736,773778
----------------------------- 7737
12 CFR221 ---------------------------- 7738
PROPOSED RULES:
207 --------------------------- 7754220
--------------------------- 7754221 ---------------------------
7754
16 CFRPROPOSED RULES:
434 -----------.--------------- 7756
21 CFR121 ---------------------------- 7739145
---------------------------- 7739301 ----------------------------
7778302 ---------------------------- 7778303
---------------------------- 7778301 ----------------------------
7778305 ---------------------------- 7778306
---------------------------- 7778307 --------------------------
7778308 ---------------------------- 7778311
---------------------------- 7778312 ----------------------------
7778315_= -------------------------- 7778316
---------------------------- 7778320 ----------------------------
7778330 ---------------------------- 7778
PROPOSED RULES:
148c --------------------------- 7752
26 CFR147 --------------------------- 7739150
---------------------------- 7741151 ----------------------------
7741152 --------------------------- 7741
32A CFRPROPOSED RULES:
Ch. VI ------------------------ 7751
46 CFRPROPOSED RULES:
Ch. II ------------------------ '751
47 CFR73 ----------------------------- 7741
49 CFR1121 -------------------------- 7741
PROPOSED RULES:
571 (2 documents) ------------- 7753
50 CFR33 ----------------------------- 7742
-
7735
Rules and RegulationsTitle 5-ADMINISTRATIVE
PERSONNELChapter I-Civil Service Commission
PART 213-EXCEPTED SERVICE
Department of the NavySection 213.3308 is amended to show
that one position of Special Assistant tothe Special Civilian
Assistant to the Sec-retary is excepted under Schedule C.
Ef-fective on publication in the FEDERALREGISTER (4-24-71),
subparagraph (11)is added to paragraph (a) of § 213.3308as set out
below.§ 213.3303 Department of the Navy.
(a) Office of the Secretary. * * *(11) One Special Assistant to
the
Special Civilian Assistant to the Secre-tary.(5 U.S.D. 3301,
3302, E.O. 10577; 3 CFR 1954-58 Camp., p. 218)
UhNED STATES CIVI SEaV-ICE COMMISsION,
ESEAL] JAMS C. SPRY,Executive Assistant to
the Commissioners.DR Doc.71-5735 iled 4-23-71;8:47 am]
PART 213-EXCEPTED SERVICEInter-American Social Development
InstituteSection 213.3320 is amended to show
that the following positions are exceptedunder Schedule C: One
Private Secre-tary to the General Counsel; one PrivateSecretary to
the Director, Office of Oper-ations; and one Private Secretary to
theDirector, Office of Resources and Re-search. Effective on
publication in theFEDERAL REGISTER, (4-24--71), para-graphs (b),
(c), and (d) are added to§ 213.3320 as set out below.§ 213.3320
Inter-American Social Devel-
opment Institute.
(b) One Private Secretary to the Gen-eral Counsel.
(c) One Private Secretary to the Di-rector, Office of
Operations.
(d) One Private Secretary to the Di-rector,-Office of Resources
and Research.(5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954--58
Camp., p. 218)
UNITED STATES CIVIL SERV-ICE COiMXTSSONT,
[SEAL] JAMMS C. SPRY,Executive Assistant to
the Commissioners.IFR Doc.71-5734 Fred 4-23-71;8:47 am]
PART 213-EXCEPTED SERVICEOrace of Economic Opportunity
Section 213.3373 Is amended to showthat the position of
Executive Secretaryis no longer excepted under Schedule C.This
section Is further amended to showthat the following positions
formerly re-porting to the Executive Secretary nowreport to the
Chairman, Planning andReview Committee: Three Special Assist-ants
(interdepartmental activities), oneConfidential Staff Assistant
(interde-partmental activities), and two Secre-taries
(interdepartmental activities).Effective on publication in the
FonnALREGISTER, (4-24-71), subparagraph (1)is revoked and
subparagraphs (11), (26),and (28) of paragraph (a) are amendedas
set out below.§ 213.3373 Office of Economic Oppor-
tunity.(a) Offe of the Dircctor. •(1) [Revoked] * *(11) Three
Special Asistants to the
Chairman, Planning and Review Com-mittee (interdepartmental
activities).
(26) One Confidential Staff Assistantto the Chairman, Plkning
and ReviewCommittee (interdepartmental activi-ties).
(28) Two Confidential Secretaries tothe Chairman, Planning and
ReviewCommittee (interdepartmental activi-ties).
(5 U.S.C. 3301, 3302. E.O. 10577; 3 CR1954-53 Camp., p. 218)
UNITED STATES CIVIL SEnV-ICE CoM ssNor;,
[SEAL] JMIEs C. SPRY,Executive Assistant to
the Commissioners.[FR Doo.71-5736 Filed 4-23-71;8:47 am]
PART 1001-EMPLOYEE RESPONSI-BILITIES AND CONDUCT
Gifts, Entertainment, and Favors;Correction
In the FEDERAL REGISTER of Friday,April 9, 1971 (F.R. Doc.
71-4788) on page6875, paragraph (e). of § 1001.735-202,"Decision
B-128517 of the ComptrollerGeneral dated March 7, 1907," shouldread
"Decision B-128527 of the Comptrol-ler General dated March 7,
1907."
UZrTe STATES CVIL SERV-ICE ColnxssxoN,
[SEAL] JAMEs C. SPAY,Executive Assistant to
the Commissioners.[FR Doc.71-5733 Filed 4-23-71;8:47 am]
Title 7- AGRICULTUREChapter IX-Consumer and Market-
ing Service (Marketing Agreementsand Orders; Fruits,
Vegetables,Nuts), Department of Agriculture
IL-man Peg. 4771
PART 910-LEMONS GROWN INCALIFORNIA AND ARIZONA
Limitation of Handling
§ 910.777 Lemon Regulation 477.(a) Findings. (1) Pursuant to
the
marketing agreement, as amended, andOrder No. 910, as amended (7
CFR Part910), regulating the handling of lemonsgrown In California
and Arizona, effec-tive under the applicable provisions ofthe
Agricultural Marketing AgreementAct of 1937, 2s amended (7 U.S.C.
601-674), and upon the basis of the recom-mendations and
information submittedby the Lemon Administrative Commit-tee,
established und r the said amendedmarketing ogreament and order,
andupon other available information, it ishereby found that the
limitation ofhandling of such lemons, as hereinafterprovided, will
tend to effectuate the de-clared policy of the act.
(2) It is hereby further found that itIs impracticable and
contrary to the pub-lic interest to give preliminary noticeengage
in public rule-making pro edure,and postpone the effective date of
thissection until 30 days after publicationhereof in the FEDm,=
RISTzR. (5 U.S.C.553) because the time intervening be-tween the
date when information uponwhich this section is based became
avail-able and the time when this section mustbecome effective in
order to effectuatethe declared policy of the act is ins-ffl-clen,
and a reasonable time is permitted,under the circumstances, for
prepara-tion for such effective time; and goodcause exists for
making the provisionshereof effectve as hereinafter set forth.The
committee held an open meetingdurzin the current week, after giving
duenotice thereof, to consider supply andmarket conditions for
lemons and theneed for regulation; interested personswere afforded
an opportunity to submitInformation and views at this meeting;the
recommendation and supporting in-formation for regulation during-
the pe-riod specified herein were promptlysubmitted to the
Department after suchmeeting was held; the provis-ions of
thissection, including Its effective time, areIdentical with the
aforesaid recommen-dation of the committee, and informa-tion
concerning such provisions and
FEDERAL REGISTER, VOL 36, NO. S0-SATURDAY, APRIL 24, 1971
-
RULES AND REGULATIONS
effective time has been disseminatedamong handlers of such
lemons; it isnecessary, in order to effectuate the de-clared policy
of the act, to make thissection effective during the period
hereinspecified; and compliance with this sec-tion will not require
any special prepara-tion on the part of persons subject heretowhich
cannot be completed on or beforethe effective date hereof. Such
commit-tee meeting was held on April 20, 1971.
(b) Order. (1) The respective quanti-ties of lemons grown in
California andArizona which may be handled duringthe period April
25, 1971, through May 1,1971, are hereby fixed as follows:
(I) District 1: 1,000 Cartons;(ii) District 2: 224,000
Cartons;(iII) District 3: Unlimited.(2) As used in this section,
"handled,"
"District 1," "District 2," "District 3,"and "carton". have the
same meaning aswhen used in the said amended market-ing agreement
and order.(Sees. 1-19, 48 Stat. 31, as amended; 7
U.S.C.601-674)
Dated: April 23, 1971.
PAuL A. NICHOLSON,Deputy director, Fruit and Veg-
etable Division, Consumer andMarketing Service.
[FR Doc.71-5882 Filed 4-23-71; 11:25 am]
Chapter XI-Consumer and Market-ing Service (Marketing
Agreementsand Orders: Miscellaneous Com-modities), Department of
Agricul-ture
PART 1201-TYPE 62 SHADE-GROWNCIGAR-LEAF TOBACCO GROWN
INDESIGNATED PRODUCTION AREAOF FLORIDA AND GEORGIA
Subpart-Expenses and Rate ofAssessment
Notice was published in the FEDERALREGISTER on March 31, 1971
(36 F.R.5917), that there were under considera-tion proposals
regarding expenses of theControl Committee (established underthe
Amended Marketing Agreement andAmended Order No. 195 (7 CFR
Part1201)) regulating the handling of Type62 shade-grown cigar-leaf
tobacco grownin designated production area of Floridaand Georgia
and related rate of assess-ment for the fiscal period ending
Jan-uary 31, 1972. The amended marketingagreement and amended order
are effec-tive under the Agricultural MarketingAgreement Act of
1937, as amended (7U.S.C. 601 et seq.).
After consideration of all relevant mat-ters presented,
including the aforesaidnotice, it is hereby found as follows
withrespect to the expenses of the ControlCommittee for the fiscal
period endingJanuary 31, 1972, and the related assess-ment
rate:
§ 1201.300 Expenses and rate of assess-ment for the fiscal
period ending Jan-uary 31, 1972.
(a) Expenses: Expenses in the amountof $7,200 are reasonable and
likely to beincurred by the Control Committee forits maintenance
and functioning duringthe fiscal period ending January 31,
1972.
(b) Rate of assessment. The rate ofassessment which each handler
shall pay,in accordance with the applicable pro-visions of said
amended marketing agree-ment and amended order, as his pro
ratashare of the aforesaid expenses is herebyfixed at $1.60 per
1,000 pounds of tobaccohandled by such handler as the firsthandler
thereof during the fiscal periodending January 31, 1972.
(c) Terms used in this section shallhave the same meaning as
when usedin said amended marketing agreementand amended order.
It is hereby further found that goodcause exists for not
postponing the effec-tive time of this action until 30 daysafter
publication in the FEDERAL REGISTER(5 U.S.C. 553) in that (a) the
relevantprovisions of said amended marketingagreement and amended
order requiethat the rate of assessment fixed for aparticular
fiscal period shall be applicableto all assessable tobacco handled
duringsuch fiscal period, and (b) the currentfiscal period began
February 1, 1971, andthe rate of assessment herein fixed
willautomatically apply to all such assess-able tobacco beginning
with such date.(Sees. 1-19. 48 Stat. 31, as amended; 7
U.S.C.601-674)
Dated: April 21, 1971.JAcK THomAsoN,
Director, Tobacco Division,Consumer and Marketing Service.
[FR Doc.71-5719 Filed 4-23-71;8:46 am]
Title 9- ANIMALS ANDANIMAL PRODUCTS
Chapter I-Agricultural ResearchService, Department of
Agriculture
SUBCHAPTER C-INTERSTATE TRANSPORTATIONOF ANIMALS AND POULTRY
[Docket No. 71-546]
PART 76-HOG CHOLERA ANDOTHER COMMUNICABLE SWINEDISEASES
Areas QuarantinedPursuant to provisions of the Act of
May 29, 1884, as amended, the Act ofFebruary 2, 1903, as
amended,. the Actof March 3, 1905, as amended, the Actof September
6, 1961, and the Act ofJuly 2, 1962 (21 U.S.C. 111-113, 114g,115,
117, 120, 121, 123-126, 134b, 134f),Part 76, Title 9, Code of
Federal Regula-tions, restricting the interstate move-ment of swine
and certain products
because of hog cholera and other com-municable swine diseases,
Is herebyamended in the following respects:
1. In § 76.2, the reference to the Statesof New Mexico and
Virginia In the intro-ductory portion of paragraph (o)
andparagraphs (e) (6) relating to the Stateof New Mexico and (e)
(11) relating tothe State of Virginia are deleted, andparagraph (W
is amended by addingthereto the names of the States of NewMexico
and Virginia.
2. In § 76.2, In paragraph (0) (10)relating to the State of
Texas, subdivision(i) relating to El Paso, Harris, Galves-ton,
Liberty, Montgomery, and SanJacinto Counties is amended to
read:
(10) Texas. (i) All of Harris, Galves-ton, Liberty, Montgomery,
and SanJacinto Counties.(Secs. 4-7, 23 Stat. 32, as amended, cesn.
1,2, 32 Stat. 791-702, as amended, s.e 1-4,33 Stat. 1264, 1265, as
amended, sco. 1, 76Stat. 481, sees. 3 and 11, 70 Stat, 130, 132:21
U.S.C. 111, 112, 113, l14g, 110, 117, 120,121, 123-126, 134b, 134f;
29 I.R. 10210, aSamended)
Effective date. The foregoing amend-ments shall become effective
uponissuance.
The amendments exclude a portion ofDona Ana County, N. Mex.; a
portionof Isle of Wight County, Va,; and ElPaso County, Tex., from
the areasquarantined because of hog cholera,Therefore, the
restrictions pertaining tothe Interstate movement of swine andswine
products from or through quaran-tined areas as contained In 9 CFR
Part76, as amended, will not apply to theexcluded areas, but will
continue to applyto the quarantined areas described In§ 76.2(e).
Further, the restrictions per-taining to the Interstate movement
ofswine and swine products from non-quarantined areas contained In
said Part76 will apply to the excluded areas. Noareas In the States
of New Mexico andVirginia, or in El Paso County, Tex.,remain under
the quarantine.
The amendments add New Mexico andVirginia to the list of hog
cholera eradi-cation States In § 76.2(f), and the spe-cial
provisions pertaining to the Inter-state movement of swine and
swine prod-ucts from or to such eradication Statesare applicable to
New Mexico andVirginia.
Insofar as the amendments relievecertain restrictions presently
imposedbut no longer deemed necessary to pre-vent the spread of hog
cholera, theymust be made effective immediately tobe of maximum
benefit to affected per-sons. Insofar as they impose
restrictions,they should be made effective promptlyin order to
prevent the spread of hogcholera. It does not appear that
publicparticipation In this rule making pro-ceeding would make
additional relevantinformation available to this Depart-ment.
Accordingly, under the adminis-trative precedure provisions In 5
U.S.C.553, it is found upon good cause that
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
7736
-
RULES AND REGULATIONS
notice and other public procedure withrespect to the amendments
are imprac-ticable and unnecessary, and good causeis found for
making them effective lessthan 30 days after publication in
theFEDERAL REGISTER.
Done at Washington, D.C., this 21stday of April 197L
F. J. MULEazN,Acting Administrator,
Agricultural Research Service.[FR Doo.71-5749 Filed 4-23-71;8:49
am]
[Docket No. 71-547]
PART 76-HOG CHOLERA ANDOTHER COMMUNICABLE SWINEDISEASES
Areas Quarantined
Pursuant to provisions of the Act ofMay 29, 1884, as amended,
the Act ofFebruary 2, 1903, as amended, the Actof March 3, 1905, as
amended, the Actof September 6, 1961, and the Act ofJuly 2, 1962
(21 U.S.C. 111-113, 114g, 115,117, 120, 121, 123-126, 134b, 1341),
Part76, Title 9, Code of Federal Regulations,restricting the
interstate movement ofswine and certain products because of-hog
cholera and other communicableswine diseases, is hereby amended in
thefollowing respects:
1. In § 76.2, the reference to the Stateof Arkansas in the
introductory portionof paragraph (e) and paragraph (e) (1)relating
to the* State of Arkansas aredeleted, and paragraph (f) is amended
byadding thereto the name of the State ofArkansas.
2. In § 76.2, in paragraph (e) (7) relat-ing to the State of
North Carolina, sub-division (i) relating to Forsyth Countyis
deleted.(Sees. 4-7. 23 Stat. 32, as amended, sees. 1,2, 32 Stat.
791-792, as amended, secs 1-4,33 Stat. 1264, 1265, as adiaended,
sec. 1, 75Stat. 481, secs. 3 and 11, 76 Stat. 130, 132;21 U.S.C.
111, 112, 113, ll4g, 115, 117, 120,121, 123-126, 134b, 134f; 29
F.R. 16210, asamended)
Effective date. The foregoing amend-ments shall become effective
upon issu-ance.
The amendments exclude a portion ofMississippi County. Ark., and
a portionof Forsyth County, N.C., from the areasquarantined because
of hog cholera.Therefore, the restrictions pertaining tothe
interstate movement of swine andswine products from or through
quaran-tined areas as contained in 9 CFR Part76, as amended, will
not apply to the ex-cluded areas, but will continue to applyto the
quarantined areas described in§ 76.2(e). Further, the restrictions
per-taining to the interstate movement ofswine and swine products
from non-.quarantined areas contained in said Part76 will apply to
the excluded areas. Noareas in the State of Arkansas or in:Forsyth
County, N. remain under thequarantine.
The amendments add Arkansas to thelist of hog cholera
eradication States in§ 762(f), and the special provisions per-
taining to the interstate movement ofswine and swine products
from or to sucheradication States are applicable toArkansas.
Insofar as the amendments relieve cer-tain restrictions
presently Imposed butno longer deemed necessary to preventthe
spread of hog cholera, they must bemade effective Immediately to be
of max-imum benefit to affected perzons. Insofaras they Impose
restrictions, they shouldbe made effective promptly in order
toprevent the spread of hog cholera. Itdoes not appear that public
participationin this rule making proceeding wouldmake additional
relevant informationavailable to this Department Accord-ingly,
under the administrative proce-dure provisions in 5 US.C. 553, Itis
foundupon good cause that notice and otherpublic procedure with
respect to theamendments are impracticable and un-necessary, and
good cause is found formaking them effective less than 30days after
publication In the FEDERALREGISTER.
Done at Washington, D.C., this 21stday of April 1971.
F. J. MUL=I,Acting Administrator,
Agricultural Rescarch Service.[FR Doc.71-5750 Filed -23-71;8:49
am]
[Docket No. 71-543]
PART 76-HOG CHOLERA ANDOTHER COMMUNICABLE SWINEDISEASES
Areas Quarantined
Pursuant to provisions of the Act ofMay 29, 1884, as amended,
the Act ofFebruary 2, 1903, as amended, the Actof March 3, 1905, as
amended, the Actof September 6, 1961, and the Act ofJuly 2, 1962
(21 U.S.C. 111-113, 114g, 115,117, 120, 121, 123-126, 134b, 134f),
Part76, Title 9, Code of Federal Regulations,restricting the
interstate movement ofswine and certain products because ofhog
cholera and other communicableswine diseases, is hereby amended In
thefollowing respects:
In § 76.2, the introductory portion ofparagraph (e) is amended
by adding thename of the State of Indiana and a newparagraph (e)
(2) relating to the Stateof Indiana is added to read:
(2) Indiana. The adjacent portions ofDe Kalb and Allen Counties
comprised ofall of Butler Township in De Kalb Countyand the
adjoLing portion of Perry Town-ship in Allen County bounded by a
linebeginning at the junction of State High-way 3 and the Allen-Dc
Kalb Countyline; thence, following State Highway 3in a
southeasterly direction to the CedarCanyon Road; thence, following
the'Cedar Canyon Road in a generally east-erly direction to
Vandalaha Road:thence, following Vandalaha Road n aneasterly
direction to the Perry-CedarCreek Township line; thence,
followingthe Perry-Cedar Creek Township line ina northerly
direction to the Allen-DeKalb County line; thence, following
the
7737
Allen-Da MKaIb County line In a westerlydirection to Its
junction with State Hi'-h-way 3.(Scs. 0-7, 23 Stat. C2, 1a m.nded.
az. 1,2. 32 Stat. 791-702, =amzndcd, c2cz. 1-4. 33Stat. 120, 1203.
-,. am ,ndci, rca. 1. 75 Stat.41, ersc. 3 and 11, 7G Stat. 130,
132; 21U.S.C. 111-113. 1142. 115. 117. 12, 121, 122-120. 134b,
134f; 23 F.. 1G210, = dedt)
Effectire date. The foregoing amend-ment shall bccome effective
upon iz-'Ualnce.
The amendment quarantines portionsof Da 1b and Allen Counties in
India",-because of the "'4 'tence of hog cholera.This action is
deemed nccas-ary to pre-vent spread of the dizease. The
restric-tions pertlining to the interstate move-ment of swine and
swine products fromor through quarantined areas as can-taincd in 9
CFR Part '76, as amended,will apply to the quarantined portions
ofsuch counties.
The amendment imposes certain fur-ther restrictions necessary to
prevent theinterstate spread of hog cholera and mustbe made
effective immediately to accom-plizh It-, purpose in the public
interest.Accordingly, under the administrativeprocedure provisions
in 5 U.S.C. 553, it isfound upon good cause that notice andother
public prozedure with respect tothe amendment are impracticable
andcontrary to the public interest, and goodcause is found for
making It effective lessthan 30 days after publication in theFEDE
AL REscszn.
Done at Washington, D.C., this 21stday of April 197L
F. J. MUL-ZM , -Acting Administrator,
Agricultural Research Serviee.[FR Da71-3751 Filed 4-23-71;8:43
am]
PART 78-BRUCELLOSIS
Subpart D-Designation of ModifiedCertified Brucellosis Areas,
PublicStockyards, Specifically ApprovedStockyards, and Slaughtering
Es-tablishments
MonDiro C=Tn w BaucELLosis Arr sPursuant to . 78.16 of the
regulations
in Part 78, as amended, Title 9, Codeof Federal Re-ulations,
containing re-strictions on the interstate movementof rniml because
of brucellosis, undersections 4,5, and 13 of the Act of May
29,1884, as amended; sections 1 and 2 of theAct of February 2,1903,
as amended; andsection 3 of the Act of March 3, 1905,as amended (21
U.S.C. 111-113, 114a-1,120, 121, 125), r 78.13 of said
regulationsdesAinating Modified Certified Brucel-loais Area- Is
hereby amended to readas follows:§78.13 Modified certified
Lrucellosis
The following States, or specified por-tions thereof, are hereby
designated asModified Certifled Brcellosis Areas:
Alabama. The entire State;Alael:a. The entire State;Arkona. The
entire State;
- FEDERAL REGISTER, VOL 36, NO. 80--SATURDAY, APRIL 24, 1971
-
RULES AND REGULATIONS
Arkansas. The entire State;California. The entire
State;Colorado. The entire State;Connecticut. The entire
State;Delaware. The entire State;Florida. The entire State;Georgia.
The entire State;Hawaii. The entire State;Idaho. The entire
State;Illinois. The entire State;Indiana. The entire State;Iowa.
The entire State;Kansas. The entire State;Kentucky. The entire
State;Louisiana. The entire State;Maine. The entire State;Maryland.
The entire State;Massachusetts. The entire State;Michigan. The
entire State;Minnesota. The entire State.Mississippi. The entire
State;Missouri. The entire State;Montana. The entire
State;Nebraska. The entire State;Nevada. The entire State;New
Hampshire. The entire State;New Jersey. The entire State;New
Mexico. The entire State;New York. The entire State;North Carolina.
The entire State;,North Dakota. The entire State;Ohio. The entire
State;Oklahoma. The entire State;Oregon. The entire
State;Pennsylvania. The entire State;Rhode Island. The entire
State;South Carolina. The entire State;South Dakota. Aurora,
Beadle, Bennett,
Beon Heromme, Brookings, Brown, Brule, Buf-falo, Butte,
Campbell, Charles Mix, Clark,Clay, Codington, Corson, Custer,
Davison,Day, Deuel, Dewey, Douglas, Edmunds, FallRiver, Faulk,
Grant, Gregory, Haakon,Hamlin, Hand, Hanson, Harding, Hyde,
Jack-son, Jerauld, Jones, Kingsbury, Lake, Law-rence, Lincoln,
Lyman, McCook, McPherson,Marshall, Meade, Mellette, Miner,
Minne-haha, Moody, Pennington, Perkins, Potter,Roberts, Sanborn,
Shannon, Spink, Stanley,Todd, Tripp, Turner, Union,
Walworth,Washabaugh, Yankton, and Zeibach Coun-ties; and Crow Creek
Indian Reservation;
Tennessee. The entire State;Texas. Anderson, Andrews,
Angelina,
Aransas, Archer, Armstrong, Atascosa, Austin,Bailey, Bandera,
Bastrop, Baylor, Bee, Bell,Bexar, Blanco, Borden, Bosque, Bowie,
Brazos,Brewster, Briscoe, Brooks, Brown, Burleson,Burnet, Caldwell,
Calhoun, Callahan, Cam-eron, Camp, Carson, Cass, Castro,
Chambers,Cherokee, Childress, Clay, Cochran, Coke,Coleman, Conin,
Collingsworth, Colorado,Comal, Comanche, Concho, Cooke,
Coryell,Cottle, Crane, Crockett, Crosby, Culberson,Dallam, Dallas,
Dawson, Deaf Smith, Delta,Denton, Dickens, Dimmit, Donley,
Duval,Eastland, Ector, Edwards, Ellis, El Paso,Erath, Falls,
Fannin, Fayette, Fisher, Floyd,Foard, Franklin, Freestone, Frio,
Gaines, Gal-veston, Garza, Gillespie, Glasscock, Goliad,Gray,
Grayson, Gregg, Guadalupe, Hale, Hall,Hamilton, Hansford, Hardeman,
Hardin, Har-rison, Hartley, Haskell, Hays, Hemphill, Hen-derson,
Hidalgo, Hill, Hockley, Hood, Houston,Howard, Hudspeth, Hunt,
Hutchinson, Irion,Jack, Jackson, Jasper, Jeff Davis,
Jefferson,JimHogg, Jim Wells, Johnson, Jones, Karnes,Kaufmann,
Kendall, Kent, Kerr, Kimble,King, Kinney, Knox, Lamar, lamb,
Lampasas,Lee, Leon, Limestone, Lipscomb, Live Oak,Llano, Loving,
Lubbock, Lynn, MeCullouch,McLennan, McMullen, Madison,
Marion,Martin, Mason, Maverick, Medina, Menard,Midland, Milam,
Mills, Mitchell, Montague,Montgomery, Moore, Morris, Motley,
Naca-doches, Navarro, Newton, Nolan, Ochiltree,Oldham, Orange, Palo
Pinto, Panola, Parker,
Parmer, Pecos, Polk, Potter, Presidio, Rains,Randall, Reagan,
Real, Red River, Reeves,Refugio, Roberts, Robertson, Rockwall,
Run-nels, Rusk, Sabine, San Augustine, SanJacinto, San Saba,
Schlelcher, Scurry,Shackelford, Shelby, Sherman, Smith, Somer-vell,
Starr, Stephens, Sterling, Stonewall,Sutton, Swisher, Tarrant
Taylor, Terrell,Terry, Throckmorton, Tom Green, Travis,Trinity,
Tyler, Upshur, Upton, Uvalde, ValVerde, Van Zandt, Walker, Ward,
Washington,Webb, Wheeler, Wichita, Wilbarger, William-son, Wilson,
Winkler, Wise, Wood, Yoakum,Young, Zapata, and Zavala Counties;
Utah. The entire State;Vermont. The entire State;Virginia. The
entire State;Washington. The entire State;West Virginia. The entire
State;Wisconsin. The entire State;Wyoming. The entire State;Puerto
Rico. The entire area; andVirgin Islands of the United States.
The
entire area.
(Seas. 4, 5, 23 Stat. 32, as amended; sees. 1, 2.32 Stat.
791-792, as amended; see. 3, 33 Stat.1265, as amended; see. 2, 65
Stat. 693; 21U.S.C. 111-113, 114a-1, 120, 121, 125; 29 F..16210, as
amended, 9 CTTI 78.16)
Effective date. The foregoing amend-ment shall become effective
upon publi-cation in the FEDERAL REGISTER (4-24-71).
The amendment adds the followingadditional area to the list of
areas desig-nated as Modified Certified Brucellosis'Areas because
it has been determinedthat such area comes within the defini-tion
of § 78.1(i): Franklin County inTexas.
Avoyelles Parish in Louisiana was de-leted from the list of
areas designated asModified Certified Brucellosis Areas onJanuary
14, 1971, because it was deter-mined that such parish no longer
camewithin the definition of § 78.1(1); theamendment restores
Avoyelles Parish tosuch list because it has been determinedto come
within the definition of § 78.1(1),thereby restoring the entire
State ofLouisiana to the list of Modified CertifiedBrucellosis
Areas.
The amendment imposes certain re-strictions necessary to prevent
the spreadof brucellosis in cattle and relieves cer-tain
restrictions presently imposed. Itshould be made effective promptly
inorder to accomplish its purpose in thepublic interest and to be
of maximumbenefit to persons subject to the restric-tions which are
relieved. Accordingly,under the administrative proceduresprovisions
of 5 U.S.C. 553, it is foundupon good cause that notice and
otherpublic procedures with respect to theamendment are
impracticable, unneces-sary, and contrary to the public
interest,and good cause is found for making theamendment effective
less than 30 daysafter publication in the FEDERALREGISTER.
Done at Washington, D.C., this 20thday of April 1971.
R. S. SHARwAx,Director, Animal Health Divi-
sion, Agricultural ResearchService.
[FR Doc.71-5752 Filed 4-23-71;8:49 am]
Title 12- BANKS AND BANKINGChapter lI-Federal Reserve
SystemSUDCHAPTER A-BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM
Re1g. Ul
PART 221-CREDIT BY BANKS FORTHE PURPOSE OF PURCHASING ORCARRYING
MARGIN STOCKS
Credit To Contribute Capital to Brokersand Dealers
1. Effective immediately, §221.2 isamended by deleting "and" at
the end ofparagraphs (j) and (k), by deleting theperiod at the end
of paragraph (1) andinserting in its place "; and", and byadding a
new paragraph (m) as follows:§ 221.2 Exceptions to General
Rule.
Notwithstanding the provisions of§ 221.1, a bank may extend and
maymaintain any credit for the purposespecified in § 221.1, without
regard to thelimitations precrlbed therein, or In§ 221.3(t), if the
credit comes within anyof the following descriptions.
(m) Any credit extended to or main-tained for a customer for the
purpose ofmaking a loan or contribution of capitalto a broker or
dealer subject to Part 220of this chapter (Regulation T) if theloan
or contribution Is in conformity withthe requirements regarding
satisfactorysubordination agreements or equities Inthe accounts of
partners of a rule of theSecurities and Exchange Commislilon(Rule
15c3-1 (c) (2) (A), (o) (4), and(c) (7)) (17 CFR 240.15c3-1 (o) (2)
(A),(c) (4), and (c) (7)) or the capital rulesof an exchange of
which the broker ordealer is a member If the membersthereof are
exempt therefrom by Rule15c3-1(b)(2) of the Commission (17CPR
240.15c-1(b)(2)) or to purchasestock in a creditor which Is a
corpora-tion: Provided, That any such credit ex-tended after April
16, 1971, shall becomesubject upon renewal to such
additionalrestrictions as the Board of Governorsmay impose by
regulation concerning theconditions upon which credit may be
ex-tended for the purpose of making suchloan or contribution: And
provided fur-ther, That (1) all of the proceeds ofsuch extension of
credit are so loaned orcontributed to the capital of the brokeror
dealer, and (2) that the proceeds ofany withdrawal of such loan or
contribu-tion of capital from the broker or dealerby the customer
or redemption of suchstock shall be used to reduce or retiresaid
extension of credit.
2a. These amendments are issued pur-suant to section 7 of the
Securities E,-change Act of 1934 (15 U.S.C. 78g), Thechanges are to
permit banks to extendor maintain credit for th6' purpose
ofenabling the customer to contribute cap-ital to a broker/dealer
firm whether inthe form of a subordinated loan, equitiesin the
accounts of partners or a purchase
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
7738
-
RULES AND REGULATIONS
of stock-in a corporation or otherwise,-without regard to the
initial marginrequirements of §§ 221.1 and 221.4 (theSupplement to
Regulation U). Credit6xtended after April 16, 1971, and priorto
adoption of proposed amendments toRegulation U, published
concurrentlyherewith in th& FED--. REGISTER undernotice of
proposed rule making, wouldbecome subject upon subsequent renewalto
the restrictions imposed by suchamendments- This action is taken
tofacilitate the raising of capital by broker/dealer firms and to
encourage the per-manency of such capital.
b. The requirements of section 553(b)of title 5, United States
Code, with re-spect to notice, public participation, anddeferred
effective date were not followedin connection with these
amendmentsbecause following such requirementswould have prevented
the Board's actionfrom becoming effective as promptly asnecessary
in the public interest. -
By order of the Board of Governors,April 16, 1971.
[sEAi] KENwE A. KEmyor,DeputySecretary.
[FR Doc.'I-572 Piled 4-23-71;8:47 am]
Title 21-FOOD AND DRUGSChapter I-Food and Drug Adminis-
tration, Department of Health, Ed-ucation, and Welfare
SUBCHAPTER B-FOOD AND FOOD PRODUCTS
PART 121-FOOD ADDITIVES
Subpart D-Food Additives Permittedin Food for Human
Consumption
SoD-I= NnrrSection 12L1064 of the food additive
regulations provides for the use of sodiumnitrite as a
preservative and color fix-ative in smoked cured tunafish
productsso that the level of the additive does notexceed 10 parts
per million in the finishedproduct. It has come to the attention
ofthe Commissioner of Food and Drugs that§ 121.1064(a) (1)
inadvertently refers touse of the additive as a preservative.Since
no substantial evidence supportsuse of the additive as a
preservative atthe prescribed level, a correction is inorder.
Therefore, pursuant to provisions ofthe Federal Food, Drug, and
CosmeticAct (sees. 409, 701, 52 Stat. 1055, 72 Stat.1785-88, as
amended; 21 U.S.C. 349, 371)and under authority delegated to
theCommissioner (21 CBB 2.120), § 121.1064(a) (1) is revised to
read as follows:
§ 121.1064 Sodium nitrite.
(a) * * *(1) As a color fixative in smoked cured
tunafish products so that the level ofsodium nitrite does not
exceed 10 partsper million (0.001 percent) inthe
finishedproduct.
Since this amendment is a correction,notice and public procedure
are not pre-requisites to this promulgation.
Effectire date. This order shall be ef-fective upon publication
in the F .rRAREoirTsr (4-24-71).(Secr. 409. 701, 52 Stat. 1005. 72
Stat. 1785-838,as amended; 21 U.S.C. 34-9. 371)
Dated: April 15,1971.
S.a D. Fnr,Associate Commissioner
for Compliance.[FR Dcc.71-5727 F ed 4-23-71;8:47 am]
SUBCHAPTER C-DRUGSPART 145-ANTIBIOTIC DRUGS; DEF-
INITIONS AND INTERPRETATIVEREGULATIONS
PenicillaminePursuant to provisions of the Federal
Food, Drug, and Cosmetic Act (sec. 507.59 Stat. 463, as amended;
21 U.S.C. 357)and under authority delegated to theCommissioner of
Food and Drugs (21CFR 2.120)' Part 145 Is amended to adddefinitions
for penicllamine and penlcl-lamine master and working standards,as
follows:
1. In § 145.2, by adding a new subpara-graph to paragraph (a),
as follows:§145.2 Definitions of antibiotic
substances.
(a) * a 0(35) Penicillamine. Penidillamine I- a
hydrolysis product of penicillin.2. In § 145.3, by adding to
paragraphs
(a)' and (b) a new subparagraph each,as follows:§ 145.3
Definitions of master and work-
ingstandards.(a) * *(43) Penfcillamlne. The term "peni-
cillamine master standard" means aspecific lot of penlcillamine
that Is dezig-nated by the Comminsioner as the stand-ard of
comparison in determining thepenicillamine content of the
penicil-lamine working standard.
(b) * " "(43) Penicillamine. The term "penl-
cillamine working standard" means a lotof a homogeneous
preparation of pent-cillamine. ,
3. In § 145.4(b), by adding the follow-ing new subparagraph:§
145.4 Definitions of the terms "unit"
and "microgram" as applied to anti-biotic substances.
(b)***
(46) Peniciflamine. Trhe term "micro-gram" applied to
penicilamine meansthe amount of penlclamine in 1.000microgram of
the ponicillanilne masterstandard. The master standard has apurity
of 100 percent.
Since this order merely adds defini-tions of penlcilamine and
Its master andworking standards to allow designationof a master
standard and Is noncontro-
7739
verJaI in nature. notice and public pro-czdure and delayed
effective date areunnec_=ary prerequis-tea to this order.
Effectire date. This order shall be ef-fectiv upon publication
in the FzrarzrPxs=a (4-241-71).(Sc. G7. 9 Stat. 43, a3 amended; 21
U.S.C.~357)
Dated: April 12,1971.H. F. Snnro-s,
Dircceor, Bureal of Drugs.[-R D:c.71-57G3 rPIed
&-23--71;8:45 am]
Title 26--INTERNAL REVENUEChapter I-Internal Revenue
Service,
Department of the TreasurySUB CHAPTEK D-MISCRIANEOUS EXCISE
TAXESIT.D. 7103g
PART 147-TEMPORARY REGULA-TIONS UNDER THE INTERESTEQUALIZATION
TAX ACTEredion To Subject Certain Debt
Obligations to TaxIn order to prescribed regulations pro-
viding rules for certain domestic cor-porations and partnerships
to elect 1ohave certain debt obligations subject tothe Interest;
Equalization Tax undersubection (c) of cection 4912, asamended by
the Interest EqualizationTax Extension Act of 1971, the Tem-porary
Regulations under the InterestFqualization Tax Act (26 CFR 147)
areamended by adding the followmg newrection:§ 147.10-1 Flection to
treat certain deLL
obligations as subject to tax.(a) In gcneral Section 4912(c)
per-
mlt, a domestic corporation or a d3-mestlo partnership to elect
with respectto any issue of Its debt oblgations tohave such debt
obligations, whether ornot convertible into or exchangeable
forstock, and whether or not having a pe-ri d to maturity of at
least 1 year,(1) Which are part of anew or oriinala
isze, or(2) Which are pait of an Issue out-
standing on April 1, 1971, and whichsince such date have been
treated underrection 4912(b) (3) as debt obligations ofa foreICn
obligor,treated as debt obliUations of a forelynobligor. See
paragraph (b) (3) for rulesrelating to when an -asumption of oneor
more debt obligations will be treatedas a new or original issuance.
Te ac-qulsition by a U.S. parson (other thathe issuer) of debt
obligations for whichan election has been made will,
not-withstanding any other provision ofchapter 41 of the Internal
Revenue Code(relating to the interezt equalizationtax). be subject
to the tax impoSedby Eection 4911 at the rate applicableon
acquisition of outztanding stock
FEDERAL REGISTER, VOL 36, NO. 80--SATURDAY, APRIL 24, 1971'No.
80-Pt. 1-2
-
RULES AND REGULATIONS
under section 4911(b). Thus, for ex-ample, the exemption for
prior Ameri-can ownership under section 4918 willnot be applicable
on the acquisition bya U.S. person of any such debt obliga-tions:
However, refund or credits, as pro-vided for in section 4919, will
remainapplicable in connection with the acqui-sition of obligations
for which an elec-tion has been made under section 4912(c). For
purposes of this paragraph, anacquisition pursuant to a right to
con-vert or exchange a debt obligation forstock or in discharge of
the obligationof a guarantor shall be treated as anacquisition by
the issuer, provided suchright or guarantee arises no later thanthe
time such obligation first becomessubject to a section 4912(c)
election.
(b) Deftnitions-(1) Issue. For pur-poses of this section, debt
obligations(including a single instrument) will betreated as
constituting an issue if theycomprise a separately identifiable
classor series of bonds, debentures, or otherdebt obligations.
(2) Original or* new issue. For pur-poses of this section, an
issue of debtobligations shall be treated as an orig-inal or new
issue if none of the debtobligations in thi issue has been
acquireidprior to the effective date of an electionmade under this
section with respect tosuch debt obligations.
(3) Debt obligations assumed. Forpurposes of paragraph (a) of
this sec-tion, the assumption by a domestic cor-poration of all of
an issue of debt obli-gations of an affiliated corporation isto be
treated as the issuance of a new ororiginal issue of debt
obligations by suchdomestic corporation, and such
domesticcorporation shall be treated as the issuerof such new or
original isdue. A domesticcorporation is to be treated as
affiliatedwith another corporation if both cor-porations are
members (or would bemembers if they were both domesticcorporations)
of the same controlledgroup (within the meaning of section48(c) (3)
(C)).
(c) Time and manner of making elec-tion-() Time of election. An
electionunder paragraph (a) (1) of this sectionshall be made prior
to the issuance ofany debt obligation which is part of anoriginal
or new issue (or prior to theassumption of an issue of debt
obliga-tions specified In paragraph (b) (3) ofthis section). An
election under para-graph (a)(2) of this section may bemade at any
time.
(2) Manner of election. An electionunder this section shall be
made by fil-ing a statement containing the informa-tion required in
subparagraph (3) of thisparagraph together with a sample ofthe
instruments evidencing the debtobligations to be subject to the
election(with an indication or endorsement oftaxability as provided
in paragraph (d)of this section) with the Commissionerof Internal
Revenue, Attention: CP :A:O,Washington, D.C. 20224. Such
statementshall indicate that a section 4912(c)
'election is being made, and shall besigned by an individual
authorized tosign Federal income tax returns of the
electing person. The election shall bedeemed to be made at the
time it is filedwith the Commissioner and shal be ef-fective with
respect to debt obligationswhich are part of a new or original
issue(other than an issue described in para-graph (b) (3) of this
section) as of thedate on which interest begins to accrueon the
debt obligations for which suchelection is being made, but in no
eventshall such effective date be later thanthe date on which such
debt obligationsare issued. The effective date with re-spect to
debt obligations for which anelection is being made shall be, for
debtobligations described in paragraph (a)(2) of this section, the
date on whichsuch election is filed, and, for debt obli-gations
specified in paragraph (b) (3) ofthis section, the date on which
suchdebt obligations are assumed.
(3) Information to be furnished. Thestatement of election shall
contain thefollowing information:(i) The name, address, employer
iden-
tification number, and principal place ofbusiness of the
corporation or partner-ship making the election;
(ii) The total face amount of theclass or series of debt
obligaflons whichis to be subject to the election, as well asthe
date of maturity of such debt obli-gations, and their date or dates
of issu-ance, issue price, interest rate, designa-tion by which
separately identifiable, anda brief description of such debt
obliga-tions including whether they are con-vertible into or
exchangeable for stock,and, if so, the type of stock into whichor
for which the debt obligations can beconverted or exchanged and the
earliestdate on which such conversion or ex-change privilege may be
exercised.
(iii) A statement that all instrumentsevidencing the debt
obligations subjectto the election have an indication or
en-dor'sement of taxability which meets therequirements of
paragraph d) of thissection.In the case of obligations described
inparagraphs (a) (2) and (b) (3) of thissection, the foregoing
Information (ifapplicable) shall be provided with re-spect to the
debt obligations subject toan election both as of the time of
theirinitial issuance and at the time the elec-tion is made.(d)
Indication or endorsement of tax-
ability. Debt obligations for which anelection is made under
this section shallcontain the following indication or en-'dorsement
of taxability.(1) New or original issue. On the face
of each document evidencing any debtobligation which is part of
such new ororiginal issue (other than an issuetreated as new or
original under para-graph (b) (3) of this section) for whichan
election has been made there ismarked the following or
substantiallysimilar language: "This debt obligationis to be
treated as the debt obligation ofa foreign obligor for purposes of
the U.S.interest equalization tax and its acquisi-tion by a U.S.
person shall subject suchperson to tax liability, without regard
toany exemption or exclusion in chapter 41of the Internal Revenue
Code, at the rate
of tax applicable upon the acquisition ofoutstanding stock,"
(2) Debt obligations under section4912(b) (3). On the face of
each docu-ment evidencing any debt obligationwhich is part of an
issue outstanding onApril 1, 1971, and which since such datehas
been treated under section 49112(b)
'(3) as a debt obligation of a foreignobligor there is marked
the following orsubstantially similar language: "Thisdebt
obligation is to be treated as thedebt obligation of a foreign
obliger forpurposes of the U.S. Interest equalizationtax and Its
acquisition by a U.S. personshall subject such person to tax
liabilityto the extent provided in chapter 41 ofthe Internal
Revenue Code." In addition,in any instance where as a result of
themutilation, destruction, loss, or theft ofdebt obligations, or
for any other reason,the domestic corporation or partnershipmaking
an election under this section ex-ecutes after the election is made
one ormore documents in substitution for oneor more documents which
were part of anissue for which an election was madeunder paragraph
(a) (2) of this section,such corporation or partnership shall addas
an endorsement on the face of the newdocument evidencing such
obligation thefollowing or substantially similar lan-guage: "This
debt obligation Is subject tothe provisions of section 4912(c) of
theInternal Revenue Code of 1054. Therate of tax applicable to the
acquisitionof this debt obligation by a U.S. personshall be equal
to the rate of tax appli-cable upon the acquisition of outstand-ing
stock."
(3) Debt obligations which are as-sumed. Any document evidencing
a debtobligation which is assumed under thissection shall, if such
debt obligation wasissued by-
(i) A domestic corporation, haveclearly marked upon Its face a
statementsimilar to the language in the first sen-tence of
subparagraph (2) 'of this para-graph indicating that the
acquisition ofsuch debt obligation by a U.S. person Issubject to
the interest equalization tax;
(i) A foreign corporation, be clearlyevident from Its face that
It is a debtobligation of a foreign obliger.In addition, in any
instance where as aresult of the mutilation, destruction, loss,or
theft of debt obligations, or for anyother reason, the domestic
corporation orpartnership making an election underthis section
executes after the election ismade one or more documents in
substi-tution for one or more documents whichwere part of an issue
for which an elec-tion described in paragraph(b) (3) of thissection
was made, such corporation orpartnership shall add as an
endorsemonton the face of the new document evidenc-ing such
obligation the following or sub-stantially similar language: "This
debtobligation is to be treated as the debtobligation of a foreign
obliger for pui-poses of the U.S. Interest equalization taxand its
acquisition by a U.S. person shallsubject such person to tax
liability, with-out regard to any exemption or exclusionin chapter
41 of the Internal Revenue
FEDERAL REGISTER, VOL. 36, NO. 80-SATURDAY, APRIL 24, 1971
7740
-
RULES AND REGULATIONS
Code, at the rate of tax applicable uponthe acquisition of
outstanding stock."
Because of the need for immediateguidance with respect to the
provisionscontained in this Treasury decision, it isfound
impracticable to issue it with no-tice and public procedure thereon
undersubsection (b) of section 553 of title 5of the United States
Code or subject tothe effective date limitation of subsection(d) of
thatsection.(Section 7805 of the Internal Revenue Codeof 1954; 68A
Stat. 917; 28 U.S.C. 7805)
[SEAL] RANDOLPu W. THRERm,Commissioner of Internal Revenue.
Approved: April 22,197L
Enwi S. COH=,Assistant Secretary
of the Treasury.IF& Doc.71-5817 Filed 4-,23-71;8:50 am]
PART 150-MANUFACTURE OFOPIUM FOR SMOKING PURPOSES
PART 151-REGULATORY TAXES ONNARCOTIC DRUGS
PART 152-REGULATORY TAXES ONMARIHUANA
CRoss REFERENCE: For a document re-scinding Parts 150, 151, and
152 of thistitle, see F.R. Doe. 71-5688, appearing asPart II of
this issue,
Title 47-TELECOMMUNICATIONChapter ]-Federal Communications
Commission[Docket No. 18927; FCC 71-3221
PART 73-RADIO BROADCASTSERVICES
Limitation of Television Stations'Access to Programs of More
ThanOne National Network
Correction
In F.R. Doe. 71-4712 appearing atpage 6507 in the issue of
Tuesday,April 6,1971, in the first line of § 73.658(1) (1) (i) the
word "television" should beinserted between the words
"commercial"and "station".
Title 49-TNSPORTATION-Chapter X--Interstate Commerce
Commission
-SUBCHAPTER B-PRACTICE AND PROCEDURE[Ex Parte No. 2741
PART 1121-ABANDONMENT OFRAILROAD LINES
In the matter of regulations governingapplications under section
L, paragraphs(18) to (20), inclusive; of the InterstateCommerce Act
for certificates of publicconvenience and necessity authorizing
the abandonment of a line of railroad,or the operation
thereof.
At a General Sesion of the InterstateCommerce Commission, held
at Its oficein Washington, D.C., on the 31st day ofMarch, AMD.
1971.
It appearing, that inasmuch as theregulations In §§ 1121.1 to
1121.5, inclu-sive, contemplated herein are directedonly to rules
of agency organization, pro-cedure, or practice, further notice
andpublic procedure are unnecezsary. Andgood cause therefor
appearing:
It is ordered, That Part 1121, be andit is hereby, revised to
read as follows:
AX'LIMTcO oiSee.1121.1 Information to be containcd In ap-
plication.1121.2 Preparation of application.1121.3 Verification
of application.1121.4 Filing of application.1121.5 Notice and
ELrvica of application.
Aunoarrv: The provisions of ths Part1121 issued under rcc 12, 24
Stat. 363. asamended; 41 Stat. 470, as amended; 49 U.S.C.12.1.
§ 1121.1 Information to be contained inapplication.
Applications for certiflcates of publicconvenience and necessty
permittingthe abandonment of railroad lines orthe operation thereof
shall et forthfull and complete responses to the follow-ing
questions:
(a) Fxact corporate name of the ap-plicant.
(b) Whether the applicantis a carrier-by railroad subject to the
InterstateCommerce Act.
(c) Route and termini of the line pro-posed to be abandoned with
Its totallength in miles naming each county inwhich any portion Is
situated.
(d) Whether abandonment of the lineitself, or only of its
operation is sought.
(e) Name, title, and post ofice addressof counsel or officer to
whom correpond-ence in regard to the application shouldbe
addressed.
(f) The present state of maintenanceof the line, estimated
deferred mainte-nance or rehabilitation costs, If any, andannual
avoidable maintenance cozL,with the bases of these costs.
(g) The estimated net salvage valueof the line, with the basis
of the estimate.
(1) A brief description of the prezenttrain service on the line.
and of Impor-tant changes made in the past 2 calendaryears.
(I) The names of all stations on theline, stated in order with
milepost num-bers, with the approximate populationof each, and the
authority for the infor-mation, showing for each place thenanes of
all other railroads by which itis served, or its distance by
highway fromthe nearest other railroad. Distinguiz-hnonagency
stations and connections withother railroads for interchange of
traflc.
i) A detailed statement of the loca-tion and nature of the
highways avail-able for movement of the trafile nowhandled by the
line, and of the commoncarrier truck service on such highways,if
any.
(L) 'Ihi nure of the industries inthe triLutary territory (smch
as farm-ing, mining, lumb:ring, man"fcturing,etc.), how long
established, and the ex-tent to which each is dependent uponthe
line ior tran-sportation. State laca-tion and ether facts
conzerning the mostImportant plann served.
(l) If c suc - service is provideden the wvil the ccrvica be via
analternat2 rcute (route should be de-tailcd, or ha'e appropriata
stepz be.ntai.n fer dz:cn:in1 n:e pur.ant tos:ction 13a (1) and (2)
of the act-or_Tran-patain Act of 1970 or does thecervice fall
within purview of PublicL.-a: 91-5.0.
Cm Tie feCiht tonnage handled bythe ine for each o: the last 2
calendaryearo, and for that part of the currentyear for v;h.ah the
information is avail-able, choaming tie number of cars andthe
tonnage of carlmad frelght, cl.asi-Ced by principal czmmodities,
and thetonnage of less-than-carload freight.Shsv' in c2parate
statements (1) localfreight ori-gnzted at and destined topoint: on
the line, (2) freight movedb-tween pAnts on the line and
pointsbeyond it, and (3) freight neither origi-nated at nor
destined to points on theline (overhead or bridj-e traffic).
(n) (1) If the line to be abandoned isles than the entire
mileage operated bythe applicant, a statement showing theeffect of
the proposed abandonment onthe net railway operating income of
theapplicant. The statement should includefor cach of the lat 2
calendar years andfor that part of the current year forwhich the
information Is available:
(I) The applicant's total railway op-erating revenue from
traffic shown inparagraph (m) of this section, main-taini g the
separation between para-graphs (m) (1), un) (2) and if traffic isto
be abandoned. (m) (3) of this section,vdth further ceparation of
the operatingrevenue that should be assigned to theline proposcd to
be abandon2d and be-yond limitz of said line with a statementof the
methods for such asigment. Therevenues from freight and other
servicesshould be shown separately;
(I) The avoldable costs of maintain-ing and ope'ating the line
proi'osed to beabndoned, including payroll taxes,stated by
appropriate primary account-,actual so far as pv-z-ble and
otherwizeapproximated, vith a full statement ofthe methods
used;
(ill) Other Items entering into the ap-plicant's income account
and assignableto the line propo:d to be abandoned.with methods of
assignment;
(iv) The co -sts of movina the trafli inparagraph (in) (2) of
this sctiom, and iftrafc is to. be abandoned, paragraph(m) (3) of
this scotlon, beyond the limitsof the line propsscd to be abandoned
onother parts of the applicant's lines, withmethod of
determination;
(v) If trala in parag7raph (m) (i D ofthis Eection i- not to be
retained, thecosts of moving the trffic via alternate
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
7741
-
RULES AND REGULATIONS
routes, with methods of determination;and
(vi) Property taxes of line to beabandoned with method of
determina-tion.
(2) If the applicant's line is operatedas part of a system under
common con-trol and management, a statement forthe same period as
required in subpara-graph (1) of this paragraph showing theeffect
of the proposed abandonment onthe net railway operating income of
theother unit members of the system. T hisstatement should show the
revenues ac-cruing to the other unit members fromtraffic moving to
'and from the line pro-posed to be abandoned and the costs
ofhandling such traffic. The methods ofdetermining such revenues
and costsalso should be shown.
(o) If the volume of freight or passen-ger traffic of the line
has decreased dur-ing recent years, any reasons therefor.
(p) If the line is operated as a jointfacility, and abandonment
of the appli-cants' operation only is proposed, statefully the
facts as to operation by othersand the extent to which it will
supplythe place of the operation it is proposedto abandon.
(q) State what effort has been madeto dispose of the line so as
to insure itscontinued operation, and what, if any,transportation
service will remain ormay be substituted for that proposed tobe
discontinued.
(r) A summary statement of the rea-sons for the application.
(s) The application and each copythereof shall be accompanied by
the fol-lowing exhibits:
(1) A situation map on a sheet notlarger than 16 x 21 inches,
preferably8 x 10 A inches or some multiple thereof.This map must be
drawn to scale and theScale shown thereon. It must cover a
suf-ficient territory, showing the railroads,water routes, and
important points there-in, and in clear relief, the line it is
pro-posed to abandon, and its principal sta-tions.
(2) A copy of the applicant's generalbalance sheet of the latest
date avail-able, and a copy of the applicant's in-come account for
each of the last 2 calen-dar years, and for that portion of
thecurrent year for which the information isavailable.
(3) Draft of notice of filing. In addi-tion, three extra copies
of the draft ofnotice should be submitted, unbound, foruse of the
Commission. The draft shallbe in the following form:
NOTICE.(Name of applicant) hereby gives notice
that on the - day of ----------- , itfiled with the Interstate
Commerce Commis-sion at Washington, D.C., an application fora
certificate of public convenience and ne-cessity permitting
abandonment of a line ofrailroad extending from railroad
milepost
near (station name) in a ...........direction to (the end of
line or railroad mile-post) near (station name), a distance
of------ miles, in ------------ County(les),(state). The line for
which the abandon-ment application has been filed includes
thestations of (1ist all stations in question 9).This application
has been assigned Finance
Docket No . --.- The proceeding will behandled without public
hearings unless pro-tests are received which contain informa-tion
indicating a need for such hearings. Anyprotests submitted shall be
filed with theCommission no later than (here insert, onall notices,
date thirty (30) days from date offirst publication).
(Name of applicant)(If this application is being filed
concur-
rently with an application for constructionand/or trackage, the
notices should be modi-fied to include all details.)As provided in
§ 1121.3, the applicationshall contain verification in the
follow-ing form:
VERIFICATION
State of ------------County of-----------
(Name of a-at)makes oath and says that he Is the ......
-------------------------- of the --------(Title of affmant)
-applicant herein;(Corporate name of applicant)that he has been
authorized by proper cor-porate action on the'part of said
applicant, orby the proper court, to verify and file withthe
Interstate Commerce Commission theforegoing application in Finance
Docket No.
------ ; that he has carefully examined all ofthe statements
referred to in said applica-tion aiid the exhibits attached thereto
andmade a part thereof; that he has knowledgeof the matters set
forth in such applicationand that all such statements made and
mat-ters set forth therein, are true and correctto the best of his
knowledge, information,and belief.
Subscribed and sworn to before me ------
------ in and for the State and County abovenamed, this - day of
----------- 19._.
Aly commission expires ------------§ 1121.2 Preparation of
application.
The application shall be prepared Intypewritten or printed form
on paper ap-proximately 8% x 11 inches, with 1/ 2inch margin at the
left side for binding.Carbon copies, hectographed copies,white line
blue prints, or copies preparedby similar processes will not be
accepted.§ 1121.3 Verification of application.
The original application shall be signedby an executive officer
of the applicanthaving knowledge of the matters andthings therein
set forth, shall be veri-fied under oath, and shall show,
amongother things, that the affiant is duly au-thorized by the
corporation or court toverify and file the application.§ 1121.4
Filing of application.
The original application and six (6)copies for the use of the
Commission shallbe filed with the Interstate CommerceCommission,
Washington, D.C. 20423.Each copy shall bear the dates and
sig-natures that appear in the original andshall be complete in
itself; the signa-tures in the copies may be stamped ortyped, and
the notarial seal may beomitted.§ 1121.5 Notice and service of
applica.
tion.(a) Upon receipt of the application,
the Commission will review the notice,
enter the assigned docket number anddate filed on the draft
notice of filing at-taclled to the application and transmitsame to
the applicant, which notice shallbe published by the applicant at
leastonce during each of three (3) conscou-tive weeks in some
newspaper of generalcirculation in each county in which anypart of
the line of railroad sought to bDabandoned is situated. Copy of
noticeshall also be posted in a conspicuousplace at each agency
station on the linesought to be abandoned. If there Is noagency
station on the line sought to beabandoned, the notice shall be
posted atthe agency station on the applicant's linethrough which
business for the linesought to be abandoned is handled. Proofof
publication and posting of the noticeshall be filed promptly by the
applicants;
(b) Upon receipt of notice of filingfrom the Commission, the
applicant shallserve, by first class mail, a conformedcopy of the
application on the governorand public service commission of
eachState in which any part of the line ofrailroad sought to be
abandoned Is situ-ated, accompanied by a stbtement thatif they
desire to be heard In the matterthey should advise' the
Commissionwithin 20 days of their interest In theproceeding. A
certificate of such serviceshall be filed promptly with
thisCommission.
It is further ordered, That the§§ 1121.1 to 1121.5, inclusive,
hereinadopted, shall supersede and suspend thepresent sections of
part 1121 (Q§ 1121.1to 1121.9, inclusive), as adopted by orderof
the Commission of November 27, 1941,as amended;
It is further ordered, That this ordershall become effective on
the date hereofand shall continue in effect until furtherorder of
this Commission; and
It is further ordered, That notice ofthese regulations be given
to the generalpublic by posting copies at the InterstateCommerce
Commission, Washington,D.C. 20423, and by filing with the Di-rector
of the Office of the Federal Regis-ter, Washington, D.C.
By the Commission.[SEAL] RonERT L. OSWALD,
Secretary,[FR Doc.71-5748 Filed 4-23-71;8 :48 aml
Title 50-WILDLIFE ANDFISHERIES
Chapter I-Bureau of Sport Fisheriesand Wildlife, Fish and
WildlifeService, Department of the Interior
PART 33-SPORT FISHING
J. Clark Salyer National WildlifeRefuge, N. Dak.
The following special regulation Is Is-qued and is effective on
date of publica-tion In the FEDERAL RnOIsTEa (4-24-71).
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
7742
-
RULES AND REGULATIONS
§ 33.5 Special regulations; sport fish-ing; for individual
wildlife refugeareas.
NORTH DAKOTA
J. CLARK SALTER NATIONAL WLDLIFEREFUGE
Sport fishing on the J. Clark SalyerNational Wildlife Refuge, N
Dak., is per-mitted only on the areas designated bysigns as open to
fishing. These open areas,comprising 900 acres or 8 percent of
thetotal water area of the refuge, are de-
lineated on a map and dezcrlbed In aleaflet available at the
refuge head-quarters and from the office of the Re-gional Director,
Bureau of Sport Fisher-ies and Wildlife. Federal Building,
FortSnelling, Twin Cities, MN 55111. Sportfishing shall be in
accordance with allapplicable State regulations subject tothe
following special condition:
(1) The open season for sport flshingon the refuge extends from
May 1, 1971,through September 14, 1971, daylichthours only.
The pro.Uions of this sp.cal regula-tion supplement the
regulations whichgovern fizhing on wildlife refuge areasgenerally
which are set forth in Title 50,Part 33, and are effective through
Sep-tember 14,1970.
RoD=n, C. Fnars,.Rfuga MracgcrJ. Clark Salyer.
National Wildlife Refuge,Ulzharn,N.DaT.
Ax'nm 19. 171.
JIM D)Z.7n-731 F11Cd1--23-71;8:47 aml
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
7 743
-
7744
Proposed Rule MakingDEPARTMENT OF AGRICULTUREConsumer and
Marketing Service
[7 CFR Part 1001 1[Docket Nos. AO 14--A49, AO 14-A49-ROl
MILK IN MASSACHUSETTS-RHODEISLAND-NEW HAMPSHIRE MAR-KETING
AREA
Decision on Proposed Amendments toMarketing Agreement and to
Order
A public hearing was held upon pro-.posed amendments to the
marketingagreement and the order regulating thehandling of milk in
the Massachusetts-Rhode Island-New Hampshire marketingarea. The
hearing was held, pursuant tothe provisions of the Agricultural
Mar-keting Agreement Act of 1937, asamended (7 U.S.C. 601 et seq.),
and theapplicable rules of practice (7 CFR Part900), at Concord,
N.H., on October 7-10,1970, and reconvened at Boston, Mass.,on
December 15, 1970, pursuant tonotices thereof issued on September
4,1970 (35 F.R. 14325), and November 9,1970 (35 P.R. 17663),
respectively.
This proceeding was reopened March30, 1971, in New York City, in
connectionwith a joint hearing held for this orderand orders 2, 4,
and 15 regulating thehandling of milk in the New York-NewJersey,
Middle Atlantic, and Connecticutmarketing areas, respectively, for
thelimited purpose of considering proposalsto:
(1) Revise the butterfat differentials;(2) Revise the
classification provisions
as they relate to the definition of "fluidmilk products";
and
(3) Omit the recommended decisionon these two issues for reason
of emer-gency marketing conditions.
The joint four-market hearing washeld at New York City on March
30-31,and April 1, 1971, pursuant to noticethereof
(Massachusetts-Rhode Island-New Hampshire, AO 14-A49-RO1 et
al.)issued on March 12, 1971 (36 P.R. 5141).The findings and
conclusions hereinafterset forth are based solely on the recordof
the originally scheduled hearing heldin Concord, N.H., and Boston,
lass. Thematters considered at the reopening ofthe hearing in New
York City onMarch 30, 1971, are reserved for a laterdecision.
Upon the basis of evidence introducedat the hearing held in
Concord, N.H., andBoston, Mass., and the record thereof,the Deputy
Administrator, RegulatoryPrograms, on March 1, 1971, filed withthe
Hearing Clerk, U.S. Department ofAgriculture, his recommended
decisionContaining notice of the opportunity tofile written
exceptions thereto.
The material issues, findings and con-clusions, rulings, and
general findings of
the recommended decision are hereby ap-proved and adopted and
are set forth infull herein.
The material issues on the record ofthe hearing relate to:
1. Extension and redesignation of ,themarketing area.
2. Modification of pooling standardsfor supply plants.
3. Modification of diversion provi-sions.
4. Modification of assignment provi-sions.
5. Producer-handier definition andexemption of "own farm"
production.
6. Miscellaneous.FnwIIGs AD CONCLUSIONS
The following findings and conclusionson the material issues are
based on evi-dence presented at the hearing and therecord
thereof:
1. Extension and redesignation ofthe Massachusetts-Rhode
Island-NewHampshire marketing area. The Massa-chusetts-Rhode
Island-New Hampshiremarketing area should be extended to in-elude
23 additional towns in Massachu-setts, 29 additional cities and
towns inNew Hampshire, and 37 towns inVermont.
This area of expansion encompassesFranklin County,
Massachusetts, exceptthe towns of New Salem, Orange, andWarwick;
Sullivan County except thetown of Plainfield, and the remaining
un-regulated area of Cheshire County, all inNew Hampshire; three
towns in Ben-nington County, 12 towns in WindsorCounty, and all of
Windham County ex-cept for the unorganized territory ofSomerset,
all in Vermont.
Since, with this extension, the mar-keting area will now
encompass parts of4 states, it should be redesignated as theBoston
Regional marketing area.
The total area of extension as set forthin the proposals
contained in the hear-ing notice included, in addition to
theterritory herein proposed: The remain-ing towns in Franklin
County, Mass.(i.e., the towns of Orange, Warwick, andNew Salem),
the towns of Athol, Peter-sham, Phillipston, and Templeton
inWorcester County, Mass.; the town ofPlainfield in Sullivan
County, the city ofLebanon and 20 additional towns insouthern
Grafton County, all in NewHampshire; the towns of Barnard,Bethel,
Bridgewater, Hartford, Hart-land, Norwich, Pomfret,
Royalton,Sharon, and Woodstock, in WindsorCounty, and the towns of
Bradford,Corinth, Fairlee, Newbury, Randolph,Strafford, Thetford,
Topsham, Tun-bridge, and West Fairlee, in OrangeCounty, all in
Vermont.
Proponents of area expansion (12cooperative associations with
member-ship among producers under the existingorder) requested the
regulation of Frank-
lin County, Mass. (except for the townsof Orange, New Salem, and
Warwick)and a corridor of cities and towns in theConnecticut River
Valley region runningnorthward to and including the towns ofSharon
and Norwich in Vermont, andHanover, Canaan, Orange, and Alex-andria
in New Hampshire.
Proposals for additional territory,made individually by three
proprietaryhandlers and conditional on the exten-sion of regulation
to encompass the co-operatives' proposal, included the re-maining
three towns in Franklin County,Mass., four towns in Worcester
County,Mass., an additional corridor of Vermonttowns west of and
contiguous to the areaincluded in the cooperatives' proposal,and
additional Vermont and New Hamp-shire territory extending
northwardalong the Connecticut River to and in-cluding the towns of
Topsham and New-bury in Vermont and the Haverhill,Piermont, Warren,
Ellsworth, Thornton,and Waterville tier of towns In
NewvHampshire.
Proponent cooperatives' primary con-cern was extension of
Federal regulationinto that area of Franklin County, Mass.,where
there is presently extensive dis-tribution of fluid milk from two
unregu-lated plants (one in Springfield, Vt., andthe other in
Portsmouth, N.H.) in directcompetition with regulated handlers.The
regulation of that area was mostrecently considered at a hearing
held atSturbridge and Boston, mass., during theperiod October
21-28, 19069. On the basisof that record the Acting Assistant
SeC-retary recognized that, due to the pro-curement practices of
and the volume offluid sales by the two dealers, the situa-tion in
Franklin County was the leaststable of any portion of the area
thenunder consideration. He concluded, how-ever, that regulation of
Franldin Countyappropriately should not be accomplishedwithout a
further hearing "in whichthere would be opportunity to adjust
themarketing area boundaries to moreclosely reflect the primary
sales area ofthe handlers to be regulated."
Proponents' current proposal was ad-vanced to overcome the
deficiency of theprevious proceeding.
Official notice is taken of that part ofthe Acting Assistant
Secretary's decisionof April 3, 1970 (35 F.R. 5695) dealingwith the
extension of regulation.
Over a period of many years thehandling of milk in the New
Englandstates has been subject to state and/orFederal regulation.
Federal regulationwas initially confined to the Boston areabut over
the years it has been graduallyextended to include essentially all
ofsouthern New England (including south-ern New Hampshire), except
westernMassachusetts. Concurrently, with theinstitution of Federal
regulation inRhode Island and Connecticut, State
FEDERAL REGISTER, VOL 36, NO. 80-SATURDAY, APRIL 24, 1971
-
regulation there was withdrawn. In thecase of New Hampshire,
Federal regula-tion was instituted immediately follow-ing the
removal of State regulation. TheStates of Massachusetts, Maine,
andVermont continue to have active milkcontrol agencies.
The extension of Federal regulation inMassachusetts beyond the
greater Bostonarea essentially has been a step-by-stepaction, as
necessitated for the purposeof maintaining orderly marketing.
Al-most every such action originated withthe decision of some
dealer(s) serving aparticular local market to circumventeffective
state regulation through theprocurement of milk from
out-of-statesources. Originally, separate regulationwas instituted
in the Fail River, Lowell-Lawrence (Merrimack Valley),
Spring-field, Worcester, and Southeastern NewEngland markets. The
separate regula-tions were subsequently combined withthe Boston
regulation into a single orderand in recent years most of the
inter-vening and neighboring territory hasbeen gradually added to
the marketingarea as the situation required.
The preponderance of dairy farmersin New England are producers
underthis, or the Connecticut, order. In theNew England area as a
whole more than80 percent of the milk is under Federalregulation.
Almost 90 percent of the Ver-mont production is Federal order
milk.Only those dairy farmers having a ClassI outlet withlocal
State-regulated dealersare not associated with Federal regula-tion.
The-Federal orders carry essentiallythe total reserve milk supply
for all ofNew England with the exception of cer-tain remote Maine
markets. Only in theState of Maine, where about 40 percentof the
milk is priced under the Federalorder, is there any significant
number ofdairy farmers under State regulation. Be-cause prices
under the several Stateorders are closely correlated with
Federalorder prices, orderly marketing has gen-erally prevailed in
the State-controlledareas as long as local dealers
purchasedessentially only intrastate milk. An un-stable market
situation develops whendealers circumvent effective regulationby
dropping local producers and relyingon an out-of-State supply
source, or bysupplementing their local milk with out-of-State
purchases.
Several of the larger handlers underthe present order distribute
essentiallythroughout New England and operateboth pool and nonpool
plants. Wheneverthe competition in a local Massachusettsmarket has
turned to the use of out-of-State milk, these handlers in most
cir-cumstances have had the flexibility toadjust their distribution
patterns as be-tween their regulated and unregulatedplants to
maintain a competitive posi-tion. Other single plant handlers,
how-ever, in many circumstances have beenseriously disadvantaged
because of theirhigher procurement costs at minimumprices fixed
under the terms of the order.The pool has suffered through loss
ofClass I sales, and in many circumstanceshas been burdened with
the addition of
PROPOSED RULE MAKING
the milk of those dairy farmers who losttheir local market.
This was precisely the circumstancewhich prompted the request
for extensionof regulation into Franklin County in1969. A
substantial handler operatingboth pool and nonpool plants and
dis-tributing milk through his own dairystores opened several such
stores inFrandIn County serving them from hisPortsmouth, N.IL,
unregulated procezsngplant with -ilk procured from the Stateof
Maine at prices well below the mini-mitn Federal order Class I
price.
By coincidence or as a result of thedeteriorating market
situation, in Juno1969 (between the time of the hearingrequest and
the opening of the hearing)the only remaining substantial
Stateregulated dealer in Franklin County coldhis business in
Greenfield, Mass., to aSpringfield, Vt., partially regulated
han-dler. The Greenfield plant was clo:ed andall processing was
concentrated in theSpringfield plant. The 27 producers pre-viously
supplying the Greenfield opera-tion were left without a market and
lack-ing other alternatives became producersunder Order No. 1. The
more than 000,000pounds per month Class I sales madethrough the
Greenfield plant (now a di-tribution depot) have been largely
sup-plied by purchases of milk from a Port-land, Maine, plant and
occasionally bypurchases from a Bangor, Maine, plant.
On occasion, tankloads of milk so pur-chased from Maine dealers
in exces ofthe Springfield dealer's Immediate needshave been
received at the Sprinafleldplant and then reshipped back to
Maine.While the record does not disclose thecircumstances of'such
transactions, theprocedure effectively circumvents boththe Vermont
and Maine lprice regula-tions, to the advantage of both
dealers.
During the period July 1969 throughJune 1970, this dealer
purchased ap-proximately 7 million pounds of non-federally
regulated milk from Mainedealers. This milk cost him f.o.b.
hisplant in Springfield a little less than theOrder 1, 21st zone
blend price. Since thesimple average of the monthly zone 21order
blend prices for the first half of1970 was $5.84, his costs were a
minimumof 47 cents less than the price which hewas required to pay
for local VermontState controlled milk during the sameperiod and
about $1.62 below the effec-tive Order 1 Clas I price in the
12thzone (Springfield).
It is not possible on the basis of thisrecord to specifically
construct the totalreceipts or sales of this dealer. It i-apparent,
however, that he, like otherlocal dealers, operates
preponderantlyonly a Class I business. During the periodJuly 1969
through June 1970 his totalreceipts were in excess of 38
millionpounds. Thus, notwithstanding his sub-stantial purcbaes of
Maine mlk and ofFederal order milk, his predominantsource of supply
is local dairy farmers.
The quantity of milk which this dealerreceived from Maine
sources during the3 months immediately precedlng theOctober session
of the hearing was sub-
7745
stantially below his average ionthlyrezeipta from such sources
during theprevious 12-month period. He testified toreceiving only
230,521 pounds of Mainemilk during the period July throughSeptember
1970, a monthly average of7.000 pounds, or about 10 p.:rcant of
his
average monthly recaipts from suchsource during the preceding 12
months.