THURSDAY, OCTOBER 25, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 205 Pages 29451-29555

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.

EXECUTIVE ORDERS: Delegation of authority to Secretary of State regarding international agreements...... 29457 Modification of Proclamation No. 3279, as amended, regarding Oil Policy Committee______.-.______29459

WATERGATE SPECIAL PROSECUTION FORCE— Justice Department abolishes office; effective 10—21—73______29466

ATTORNEY GENERAL— Justice Department amends regulations designating officials to act in case of vacancy in that office...... _ ...... t...... '...... 29466

CONTROLLED SUBSTANCES— Justice Department pro­ poses promulgation of security measures for practitioners; comments by 11-15-73 ...... 29479

REVENUE SHARING— Treasury Department procedure for improvement of entitlement data...... 29501

DATA PROCESSING SERVICES— Comptroller of the Cur­ rency proposes interpretive rulings for national banks; comments by 11-30-73...™.-...... 29479

SAVINGS AND LOAN HOLDING COMPANIES— FHLBB prescribes new form for use in excepted acquisition; effective 1 0 -2 5 -7 3 ...... ,1...... 29462

BANKS AND BANKING— FRS prescribes maximum rates of interest payable on time and saving deposits; effective 1 1 -1 -7 3 ...... 29461 FHLBB amendment regarding acceptance of deposits from members on daily basis; effective 10-23—73...... 29461

NEW ANIMAL DRUGS— FDA withdraws approval of appli­ cations for use of DES implants...... 29510

FOOD ADDITIVES— FDA provides for safe use of certain drugs in sanitizing solutions and food packaging materials (3 documents); effective 1 0 -2 5 -7 3 ...... 29465, 29466

LOUISIANA SUGAR— Agriculture Department determina­ tion of prices for 1973 crop; effective 1 0 -2 5 -7 3 ______29472

RADIOACTIVE MATERIALS— DOT miscellaneous propos­ als regarding transportation requirements; comments by 1 -1 5 -7 4 ...... 29483

(Continued inside) I REMINDERS

(The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.) Rules Going Into Effect Today This list includes only rules that were pub­ lished in the F ederal R egister after Octo­ ber 1, 1972. page no. and date OCTOBER 25 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION— Recordkeeping and fil­ ing requirements.— ...... 26719; 9 -2 5 -7 3

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution VS*'' is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

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FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 HIGHLIGHTS— Continued

TRADE PRACTICES— FTC rescinds rules for certain NASA: Life Sciences Committee, 11—19 and 11—20-73.. 29538 Research and Technology Advisory Council Commit­ industries ...... — , -...... —-...... - ..... — - 29465 tee on Aeronautical Propulsion, 10—31, 11—1 and COTTON TEXTILES— CITA announces merger of levels 1 1 -2 -7 3 ...... ______...... — ...... 29539 for certain products from Colombia; effective 7 -1 -7 3 . 29522 HEW: FDA Advisory Committees, 11-1 through 1 2 -1 -7 3 .....-, ...... -...... _ ...... 29508 MEETINGS— b . , %_... NIH November Meetings (27 documents).— 29514-29520 Defense Department: Air Force Academy Board of Visi- Civil Rights Commission: State Advisory Committees tors, 11- 1' through 11-4-73 ...... -...... 29502 (2 documents), 10—25 and 10—27—73...... 29522 Advanced Logistics System Project Advisory Com- EPA: Air Pollution Chemistry and Physics Advisory mittee, 11—6 and 11—7—73...... —...... 29502 Committee, 11—8 and 11—9—73...... — ...... 29523 Board of Advisors to the Superintendent, Naval Post- Meteorology Advisory Committee, 11-1-73 ...... 29523 FF»C: Technical Advisory Committees (2 documents) graduate School, 11—8 and 11—9—73— — ...... 29502 11-2 and 1 1 -1 9 -7 3 ...... 29531 Wage Committee, 11-6, 11—13, 11—20, and CLC:-Health Industry Wage and Salary Committee, 11-27-73 -...... - ...... — — 29503 10-30 and 1 0 -3 1 -7 3 ...... 29523 Naval Weapons Center Advisory Board, 11-15 and Commission on Revision of the Federal Court Appellate 11-16-73 29502 System, 10—31—73...... 29523 Contents THE PRESIDENT AIR FORCE DEPARTMENT CIVIL RIGHTS COMMISSION Notices Executive Orders N otices State Advisory Meetings: Delegation to Secretary of State Advanced Logistics System Proj­ ect Advisory Committee; meet­ New Hampshire, 1______29522 regarding negotiation of inter­ O h io ______29522 national agreements relating to ing ______29502 enhancement of environm ent, _ 29457 Air Force Academy Board; meet­ ing ______29502 COMMERCE DEPARTMENT Modifying Proclamation No. 3279, See Domestic and International as amended, with respect to Oil ATOMIC ENERGY COMMISSION Business Administration; Na­ Policy Committee, ------29459 Notices tional Oceanic and Atmospheric EXECUTIVE AGENCIES Consumers Power Co.; prehearing Administration. AGENCY FOR INTERNATIONAL conference —______— 29521 COMMITTEE OF THE IMPLEMENTATION DEVELOPMENT Regulatory guides; availability— 29520 OF TEXTILE AGREEMENTS Notices Smith and Wesson; issuance of byproduct material license------29521 Notices Delegation of authority; assistant Certain cotton textile products administrators ------29498 Southern California Edison Co., et al.; availability of initial de­ produced or manufactured in Redelegations of missions direc­ Colombia; entry or withdrawal tors contracting functions: cision of the Atomic Safety and Licensing B oard-______29520 from warehouse for consump­ Afghanistan______29498 tion ______fc___ 29522 B ra zil______29498 Southern California Edison Co., Dominican Republic— .—__— 29499 et al.; assignmènt of members of Atomic Safety and Licensing COMMISSION ON REVISION OF THE El Salvador__ .____~r------29499 FEDERAL COURT APPELLATE SYSTEM Guatemala (2 docu m en ts),— 29498, Appeal Board------29521 29499 Tennessee Valley Authority; re­ Notices constitution of Atomic Safety M eeting______29523 India ______— 29499 and Licensing Appeal B oard- _— 29521 N epal______29500 Vermont Yankee Nuclear Power COMPTROLLER OF THE CURRENCY Paraguay______29500 Corp. and Pilgrim Nuclear Proposed Rules Philippines______- ______29500 Power Station______29521 AGRICULTURAL MARKETING SERVICE Data; processing services; interpre­ Rules and Regulations CIVIL AERONAUTICS BOARD tive rulings regarding utiliza­ Rules and Regulations tion and furnishing by national Milk in Chicago Regional Market­ b a n k s ______29479 ing Area; findings and deter­ Uniform system of accounts and mination ______;______29477 reports for certificated air car­ Notices Notices riers ; miscellaneous amend- Insured banks; joint call for re­ port of condition______29500 Grain standards ; Texas and ments and deletions______29464 Washington (2 documents)___ 29503 Proposed Rules COST OF LIVING COUNCIL Large aircraft; definition; classi­ AGRICULTURAL STABILIZATION AND fication and exemption of air Notices CONSERVATION SERVICE taxi operators______29480 Health Industry Wage and Salary Rules and Regulations Committee; postponement of Louisiana sugarcane; fair and Notices m e e tin g ______29523 reasonable prices fo r 1973 crop , 29472 Hearings, etc.: Bahamasair Holdings, Ltd., and DEFENSE DEPARTMENT AGRICULTURE DEPARTMENT Out Island Airways, Ltd—_— 29522 See also Air Force Department; See Agricultural Marketing Serv­ International Air Transport As­ Navy Department. ice; Agricultural Stabilization sociation ______29522 and Conservation Service. Northwest Airlines, Inc______29522 (Continued on next page) 29453

FEDERAL REGISTER. V O L 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29454 CONTENTS

Notices Regulated activities; forms for use FISH AND WILDLIFE SERVICE Department of Defense Wage in connection with excepted ac­ Rules and Regulations Committee; meetings______29503 quisitions ______29462 Hunting: DOMESTIC AND INTERNATIONAL FEDERAL MARITIME COMMISSION Certain national wildlife refuges BUSINESS in Oregon; corrections______29472 Notices Great Swamp 'National Wild­ Notices Austasia Container Express; order life Refuge, New Jersey______29472 Duty-free entry of scientific arti- of investigation regarding pos­ ’ cles: sible violations______29527 FOOD AND DRUG ADMINISTRATION Acceptance of applications------29504 U.S. G ulf/Japan Cotton Pool Rules and Regulations Decisions on applications (2 Agreement; order to show Components of paper and paper- d ocu m en ts)______29503, 29504 ca u se______29528 board in contact with food; pro­ DRUG ENFORCEMENT FEDERAL POWER COMMISSION visions for the safe use of di­ ADMINISTRATION methyl glutarate______29465 Notices Improvement of nutrient levels of Proposed Rules Meetings : certain enriched flours; correc­ Schedule n controlled substances; Task Force on Environmental tion ------29465 physical security controls for Aspects of the Technical Ad­ Sanitizing solutions: practitioners______29479 visory Committee______29531 Aqueous solution containing Technical Advisory Committee lithium hypochlorite____ I.___ 29465 ENVIRONMENTAL PROTECTION AGENCY on Research and Develop­ Isopropyl alcohol as an optional Proposed Rules ment ____ 29531 a d ju v a n t------... 29466 Claims for residual bacteriostatic Hearings, etc.: Notices and/or self-sanitizing activity in American Can Co. and Weyer­ pesticide labeling; extension of haeuser Co______29529 Advisory committees; notice of time ______- 29481 Barber Oil Exploration, Inc----- 29529 meetings ------29508 Maintenance and inspection of Crown Zellerbach Corp____----- 29529 Antihypertensive combination books and records of pesticide D. L. Hannifin, et al------;------29530 containing a veratrum alkaloid; production and distribution----- 29481 Florida Gas Transmission Co_— 29534 extension of time of effective Industrial Gas Co______29530 date of notice withdrawing ap­ Notices proval ------:------__ 29510 M-44 Safety Predator Co.; appli­ Kansas-Nebraska Natural Gas C o ______29530 Diethylstilbestrol ; order denying cation to register a pesticide hearing ______29510 containing sodium cyanide------29524 Natural Gas Pipeline Co______29531 Northern Natural Gas Co___ __ 29532 Methods for identifying and eval­ GENERAL SERVICES ADMINISTRATION uating the nature and extent of Post Oak Gas Co_,______>__ 29533 nonpoint sources of pollutants; Power Authority of State of New Rules and Regulations availability of report------29524 Y o r k ______—______29533 Revised GSA Eorm 1424; instruc­ Processes, procedures, and Texaco, Inc______29533 tions on use______29467-29472 methods to control pollution FEDERAL RESERVE SYSTEM Notices from mining activities; avail­ Secretary of Defense; delegation ability of report------29523 Rules and Regulations of authority______29538 M eetings: Maximum rates of interest; time Air Pollution Chemistry and deposits of less than $100,000 HAZARDOUS MATERIALS REGULATIONS Physics Advisory Committee— 29523 with maturities of four years or BOARD Meterology Advisory Commit­ m o r e ______— 29461 Proposed Rules tee ______29523 Notices Radioactive materials; transpor­ FEDERAL AVIATION ADMINISTRATION Acquisition and proposed acquisi­ tation ______29483 Rules and Regulations tion o f banks: Austin Bancshares Corp______29535 HEALTH, EDUCATION, AND WELFARE High density traffic airports; ex- , DEPARTMENT tension of special .air traffic rules Bancohio Corp______— 29535 and airport traffic patterns__ ~ 29463 Boatmen’s Bancshares, Inc___ 29535 Central Bancompany— lii’i __ 29535 See also Food and Drug Adminis­ Chase Manhattan Corp____ .__ 29536 tration; National Institutes of FEDERAL COMMUNICATIONS Health. COMMISSION Ellis Banking Corp_,______29536 Notices First Alabama Bancshares, In c . 29536 Rules and Regulations First Bancorp of N.H., Inc. (2 Policies and procedures relevant Common carrier services informa­ d ocu m en ts)______29537 tion; domestic public radio serv­ to the issuance of letter con­ First Bancshares of Florida, tracts ______29466 ices applications accepted for I n c ______;____ 29537 f ilin g ______29524 First National Cincinnati Corp,» 29537 INTERIOR DEPARTMENT State Street Boston Financial FEDERAL DEPOSIT INSURANCE See Msh and Wildlife Service. CORPORATION C o r p ______29538 Notices Community Bancorporation; for­ mation of bank holding com­ INTERSTATE COMMERCE Board of Governors of the Federal pany ______29536 COMMISSION Reserve System; joint call for Insured banks; join t call for report • Rules and Regulations report of condition of insured of condition______29538 banks ______29527 Union Pacific Railroad Co.; car service ______- ______29472 FEDERAL HOME LOAN BANK BOARD FEDERAL TRADE COMMISSION Rules and Regulations Rules and Regulations Proposed Rules Operation of banks; deposits from Trade practices; rules rescinded Rail carrier general increase pro- m e m b ers______29461 for various industries______29465 ceedings______29483

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY. OCTOBER 25, 1973 CONTENTS 29455

SMALL BUSINESS ADMINISTRATION Notices Rules and Regulations Assignment o f hearings— ,— - — 29541 Office of Watergate Special Prose­ Notices Exemption under provision of cution Force; abolishment____ 29466 Pennsylvania; disaster relief loan mandatory car service rules----- 29542 Solicitor General, et al.; officials availability; amendment_____ 29540 Piling of motor carrier intrastate designated to act as Attorney Utah; declaration of disaster applications------29550 General ______— 29466 loan area______29540 Fourth section application for re- jjg f______.__ _ 29542 NATIONAL AERONAUTICS AND SPACE STATE DEPARTMENT Maislin Transport Corp., et ah; ADMINISTRATION See Agency for International De­ lease and interchange of vehicles Notices velopment. by motor carriers------29542 Meetings: Motor carrier: Life Sciences Committee__ i —_ 29538 TARIFF COMMISSION Alternate route deviation no­ Research and Technology Ad­ Notices tices (2 documents)— ------29544 visory Council, Committee on Investigation and hearing: Applications and certain other Aeronautical Propulsion-'----- 29539 Metal punching machines, proceedings------29545 single-end type, manually op­ NATIONAL INSTITUTES OF HEALTH erated, from Japan______29541 Transfer proceedings______29550 Notices Primary lead metal from Aus­ Motor Carrier Board transfer pro­ Committees; meetings (27 docu­ tralia and Canada______29541 ceedings ------29549 ments) ______29514—29520 Oklahoma intrastate freight rates TRANSPORTATION DEPARTMENT and charges, 1973—------29543 NATIONAL OCEANIC AND ATMOSPHERIC See Federal Aviation Administra­ ADMINISTRATION tion; Hazardous Materials Rerouting or diversion of traffic: Transportation Board. Lamoille County Railroad, In c— 29542 Notices Roy C. Randall and Frederick J. St. Johnsbury & Lamoille Woelkers; denial of application TREASURY DEPARTMENT County Railroad______29544 for economic hardship exemp­ See also Comptroller of Currency. tion ______:______— 29507 Notices JUSTICE DEPARTMENT Stephen W. Fenno; withdrawal of See also Drug Enforcement Ad­ Entitlement data; procedure for economic hardship exemption improvement______29501 ministration. application ______29507

NAVY DEPARTMENT Notices a Board of Advisors to the Superin­ tendent, Naval Postgraduate School; meetings- ______29502 Naval Weapons Center Advisory Board; meetings______29502 K

RENEGOTIATION BOARD Rules and Regulations Conduct of renegotiation; hours o f business amended------29466

SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Income Tax Free Revenue Fund Series 1______29539 Ohio Edison Co______29540 Suitomat Corp______29540

FEDERAL REGISTER, VOL. 38, N O . 205— »THURSDAY, OCTOBER 25, 1973 29456 CONTENTS List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. 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, 1973, and specifies how they are affected.

3 CFR 16 CFR 41 CFR E xecutive O rders: 24______29465 3-3------<_------29466 11703 (supersededbyEO 1 1 7 4 3 )-- 29459 44— ______29465 5A-1------: ------_ 29467 11742______29457 52 — :______29465 5A-2------______— . 29467 11743—______— 29459 55______29465 5A-7------29468 81______29465 5A-19______29471 7 CFR 89______29465 5A -73-______29471 90—______29465 5A-76______1'______jj 29472 874______29472 1030______Z______29477 21 CFR 49 CFR 15______29466 12 CFR 17___ I ______— 29466 1033______——______29472 2 1 7 - - ______: ___ „ ______29461 121 (3 documents) 29466, 29467 P roposed R u l e s: 524______29461 P roposed R u l e s : 584______29462 171______— 29483 1301______29479 173______29483 P roposed R u l e s : 174— ____ 29483 7______29479 28 CFR 175______— 29483 0 (2 documents) 29466 177 ______1__ i,_ 29483 14 CFR 32 CFR 178 _____ 29483 93______—____ 29463 1102______29483 1472___ U_____ :—. 29466 241______29464 50 CFR P roposed R u l e s : y 40 CFR 298______29480 P roposed R u l e s : 32 (2 docum ents)______29472 162______:----- 29481 v 169______29481

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 Presidential Documents

Title 3—The President EXECUTIVE ORDER 11742

Delegating to the Secretary of State Certain Functions With Respect to the Negotiation of International Agreements Relating to the Enhancement of the Environment

Under and by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States, I hereby authorize and empower the Secretary of State, in coordination with the Council on Environmental Quality, the Environmental Protec­ tion Agency, and other appropriate Federal agencies, to perform, without the approval, ratification, or other action of thé President, the functions vested in the President by section 7 of the Federal Water Pollution Con­ trol Act Amendments of 1972 (Public Law 92-5Û0; 86 Stat. 898) with respect to, international agreements relating to the enhancement of the environment.

THE WHITE HOUSE, October 23, 1973. [FR Doc.73-22837 Filed 10-23-73;4 :19 pm]

.FEDERAL REGISTER, V O L 36, N O . 205— THURSDAY, OCTOBER 25, 1973

THE PRESIDENT 29459

EXECUTIVE ORDER 11743

Modifying Proclamation No. 3279, as Amended, With Respect to the Oil Policy. Committee

By virtue of the authority vested in me by the Constitution and statutes o f the United States, including section 301 of title 3 of the United States Code and section 232 of the Trade Expansion Act of 1962, as amended, it is hereby ordered as follows: Section 1. The Oil Policy Committee, as reconstituted by this order is hereby continued. Sec. 2. Sec. 8 of Proclamation No. 3279, as amended, is hereby amended to read as follows: “ Sec. 8. The Oil Policy Committee shall consist of the Director of the Energy Policy Office as Chairman, and the Secretaries of State, the Treasury, Defense, the Interior, Agriculture, Commerce, and Transpor­ tation, the Attorney General, the Chairman of the Council of Economic Advisers, and the Administrator of the Environmental Protection Agency. The President may, from time to time, designate other officials to serve as members of the Committee.” Sec. 3. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred by section 2 of this order from the Deputy Secretary of the Treasury, to the Director of the Energy Policy Office, as Chairman of the Oil Policy Committee, as the Director of the Office of Management and Budget shall determine, in conformity with section 2 02 (b ) of the Budget and Accounting Act of 1950 (31 U.S.C. 581c(b)), shall be transferred at such time or times as he shall direct for use in connection with the functions transferred. Sec. 4. Executive Order No. 11703 of February 7, 1973, is hereby superseded.

THE WHITE HOUSE, October 23, 1973. [FR Doc.73-22838 Filed 10-23-73;4 :19 pm]

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973

29461 Rules and Regulations

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and codified in the Code of Federal Regulations, which Is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER Issue of each month.

Title 12— Banks and Banking The effective date was deferred for CHAPTER V— FEDERAL HOME LOAN less than the 30-day period referred to BANK BOARD CHAPTER II— FEDERAL RESERVE SYSTEM in title 5, United States Code, section SUBCHAPTER B— FEDERAL HOME LOAN BANK SUBCHAPTER A— BOARD OF GOVERNORS OF 553(d), because the Board found that SYSTEM THE FEDERAL RESERVE SYSTEM the public interest compelled it to make PART 524— OPERATIONS OF THE BANKS [Beg. Q] the action effective no later than the Deposits From Members PART 217— INTEREST ON DEPOSITS date adopted. See § 262.2(e) of the Section 11(e) of the Federal Home Maximum Rates of Interest Board’s rules of procedure (12 CFR 262 .2(e)). Loan Bank Act, as amended (12 USC The Board of Governors has amended Effective November 1, 1973, § 217.7 of 1431(e)), authorizes a Federal Home its Regulation Q so as to apply a lim it the Board’s regulation Q is amended Loan Bank to accept deposits from its on the maximum rates of interest pay­ to read as follow s: members “upon such terms and condi­ able by member banks on time deposits tions as the board (Federal Home Loan of less than $100,000 with maturities of § 217.7 Maximum rates o f interest pay­ Bank Board) may prescribe” . § 524.4 four years or more. This action was able by member banks on time and of the regulations for the Federal Home taken pursuant to Pub. L. 93-123 which savings deposits. Loan Bank System (12 CFR 524.4), provides that the Board and the other Pursuant to section 19 of the Federal which implements this statutory provi­ Federal financial supervisory agencies Reserve A ct and § 217.3 hereof, the sion, authorizes a Federal Home Loan shall limit the rates o f interest or divi­ Board of Governors of the Federal Re­ Bank to accept from its members (a) dends which are paid on time deposits serve System hereby prescribes the fol­ demand deposits, which do not earn of less than $100,000 by institutions reg­ lowing maximum rates1 of interest per Interest, and (b) time deposits, which ulated by them. Pursuant to the Board’s annum payable by member bank of the may earn interest after a period of 30 authority under section 19 of the Fed­ days and which also may require 30 days’ Federal Reserve System on time and sav­ advance notice of withdrawal. The Board eral Reserve Act to prescribe rules gov­ ings deposits: erning the payment o f interest on (a) Time deposits of $100,000 or now considers it advisable to amend said deposits and § 217.3 o f Regulation Q, § 524.4 by adding a new paragraph (c) more.—There is no maximum rate of in­ which will permit a Federal Home Loan the Board’s action removes time de­ terest presently prescribed 'on any time posits of $1,000 or more (but less than Bank to accept deposits from its mem­ deposit o f $100,000 or more. bers on a daily basis, and, within policy $100,000), with maturities o f four years (b) Time deposits of less than or more, from the category o f time de­ guidelines of the Board and boards of $100,000.— (1) Except as provided in par­ directors of the individual Federal Home posits not subject to an interest rate agraph (a) and subpart 2 of this para­ limitation and provides that, effective Loan Banks, to pay daily interest on such graph, no member bank shall pay interest deposits. November 1, 1973, member banks may on any time deposit at a rate in excess pay interest on such time deposits at a Accordingly, the Board hereby amends of the applicable rate under the following said § 524.4 by adding a new paragraph rate not to exceed 7% per cent per year. schedule: The Board’s action also removes the (c) immediately after paragraph (b) quantitative limitation on the total Maturity: Maximum percent thereof, to read as follows, effective Oc­ amount of such time deposits that may 30 days or more but less than 90 tober 23,1973. days ------5 § 524.4 Deposits from members. be accepted by member banks. 90 days or more but less than 1 The effective date of this amendment yea r______1------5% * * * * * is deferred until November 1, 1973, to 1 year or more butl ess than 30 (c) In addition to acceptance of time provide member banks an opportunity m o n t h s ______6 deposits in accordance with the provi­ to terminate in an orderly manner the 30 months or more______6% sions of paragraph (b) of this section, offering of time deposits o f $1,000 or (2) Member banks may pay interest Banks may accept time deposits from more, with maturities o f four years or on any time deposit o f $1,000 or more, members on a daily basis and shall re­ more, that are not subject to an interest with a maturity of four years or more, serve the right to require notice prior rate limitation. To assure com pliance at a rate not to exceed 7i4 percent. to a given time period on any day of in­ with Pub. L. 93-123 at the earliest pos­ tention of withdrawal of such deposits sible date, however, during the inter­ (c) Savings deposits. — No member or any part thereof on such day. The vening period until November 1, 1973, bank shall pay interest at a rate in excess rates of interest to be paid on such de­ member banks should refrain from of 5 percent on any savings deposit. posits as remain un withdrawn for a pe­ making new offerings of time deposits By order of the Board of Governors, riod of one day or more may, within the or initiating promotional programs re­ October 17,1973. range established by the Board, be set lating to time deposits whose terms do by the board of directors of a Bank, or, not conform with the interest rate lim­ [ seal] C hester B. F eldberg, between regular meetings of such board, itation established by this amendment. Secretary of the Board. by a committee of such directors selected The rates of interest paid by member [FR Doc.73-22615 Filed 10-24-73;8:45 am] by such board or the President of such banks on outstanding time deposits of Bank if such President is so authorized $1,000 or more with maturities of four by such board. Unless otherwise specified years or more, offered pursuant to i The limitation on rates of interest pay­ by such board, a Bank President may 5 217.7(a)(2) of Regulation Q, as able by member banks of the Federal Reserve delegate any authority possessed by him ^mended effective July 5, 1973, are not System on time and savings deposits, as pre­ in accordance with the provisions of this scribed herein, are not applicable to any paragraph to any officer or employee immediately affected by this amend­ deposit which is payable only at an office of a ment, although such deposits must be member bank located outside the States of o f such Bank. modified in the manner provided under the United States and the District of Since affording notice and public pro­ 5 217.3(b) o f Regulation Q. Columbia. cedure on the above amendment would

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29462 RULES AND REGULATIONS delay It from becoming effective for a § 584.10 Statements, applications, re­ blank form to be filled in, but only as a guide period of time and since it is in the public ports, and notices to be filed. in the preparation of the information re­ quired. The filing shall convey to the reader interest that the authority contained in * * ■ * * the amendment become effective as soon the coverage of the items without the neces­ (d) Applications under § 584.4 andsity of his referring to the text of the items as possible, the Board hereby finds that § 584.4-1— (1) H-(e)l.—This application or instructions thereto. Each answer shall be notice and public procedure on said shall be used for all applications filed furnished under the applicable item number amendment are contrary to the public under $ 584.4(b) by a company other and caption. Where any item requires in­ interest under the provisions of 12 CFR than a savings and loan holding company formation to be given in tabular form, it 508.11 and 5 U.S.C. 553(b); and since for approval of acquisition of one insured shWl be given in substantially the tabular the amendment relieves restriction, pub­ form specified in the item. The text and all institution, directly or indirectly, or instructions are to be omitted from the ap­ lication for the 30-day period specified in through one or more subsidiaries or 12 CFR 508.14 and 5 U.S.C. 553(d) prior plication. Riders shall not be used. through one or more transactions. (2) H- 2. Requirements as to Paper and Printing.~ to the effective date of the amendment (e)2. This application shall be used for (a) This Information Filing shall be filed on is unnecessary; and the Board hereby all applications filed for .approval of ac­ good quality, unglazed, white paper 8% provides that the amendment shall be­ quisition, directly or indirectly, or inches in width and not more than 13 nor came effective as hereinbefore set forth. through one or more subsidiaries or .less than 11 inches in length, insofar as (Secs. 11, 17, 47 Stat. 733, 736, as amended through one or more transactions of (i) practicable. However, tables, charts, and fi­ (12 U.S.C. 1431, 1437); Reorg. Plan No. 3 of nancial statements may be on larger paper one or more insured institutions by a sav­ if folded to that size. 1947, 12 FR 4981, 3 CPR, 1943-48 Comp., p. ings and loan holding company under 1071.) (b) This Information Filing insofar as § 584.4(a) or (ii) more than one insured practicable, and all papers and documents By the Federal Home Loan Bank institution by any other company under filed as a part thereof, shall be printed, litho­ Board. § 584.4(b). (3) H-(e)3. This application graphed, mimeographed, or typewritten. shall be used for all applications filed (i) However, this filing or any portion thereof [ seal] E ugene M . H errin, under § 584.4(a) (2) by a savings and loan may be prepared by any similar process Assistant Secretary. which, in the opinion o f the Corporation, holding company for approval of acqui­ produces copies suitable for a permanent [FR Doc.73-22637 Filed 10-24-73:8:45 am] sition by a merger, consolidation, or pur­ record. Irrespective of the process used, all chase of assets of an insured or unin­ copies of any such material shall be clear and SUBCHAPTER F— REGULATIONS FOR SAVINGS sured institution or a savings and loan* easily readable. Debits in feredit categories AND LOAN HOLDING COMPANIES holding company or (ii) under § 584.4(b) and credits in debit categories shall be desig­ nated so as to be clearly distinguishable as PART 584— REGULATED ACTIVITIES* by any company for approval of acquisi­ tion by a merger, consolidation, or pur­ such on photocopies. Forms for Use in Connection With Excepted chase of assets of two or more insured 3. Number of Copies—Signatures—Bind­ Acquisitions ing.—One original and one copy of this In­ institutions, and shall be used also for formation Filing, including exhibits and all The Federal Home Loan Bank Board, approval under §§ 563.22 and 571.5 of the other papers and documents filed as a part as the operating head of the Federal Sav­ Rules and Regulations for Insurance of thereof, shall be filed with the Corporation ings and Loan Insurance Corp., by Reso­ Accounts. (4) H-(e)4. This information addressed to the Director, Holding Companies lution No. 73-952 (30 FR 19112) adopted filing shall be used for all filings required Section of the Office of Examinations and § 584.4-1 of the regulations for Savings under § 584.4-1 of any company, other Supervision, Federal Home Loan Bank Board, than a savings and loan holding com­ Washington, D.C. 20552, and one copy of this and Loan Holding Companies (12 CFR Information Filing shall be filed with the 584.4-1). Section 584.4-1 requires any pany, which proposes to acquire an in­ Supervisory Agent of the Federal Home Loan company which proposes to acquire an sured institution without the prior Bank of the district ip which the principal insured institution without prior written written approval of the Corporation. office of the insured institution is located, approval of the Corporation pursuant to * * * * ■ * except that when filings are made with the Los Angeles office a second copy of this In­ the exception for such approval in § 408 (Sec. 402, 48 Stat. 1256, as amended, sec. 408, (e) (1) (B) (ii) of the National Housing formation Filing shall be filed. At least the 48 Stat. 1261, as added by 73 Stat. 691, as original of the Information Filing filed with Act, as amended, to submit prior to such amended (12 U.S.C. 1725, 1730a), Reorg. Plan the Corporation shall be manually signed in acquisition information pertaining to the No. 3 of 1947, 12 FR 4981, 3 CFR 1943-48 the manner prescribed by the signature page acquisition on a form prescribed by the Comp., p. 1071.) - of this Information Filing. Unsigned copies Corporation. The Corporation has pre­ By the Federal Home Loan Bank shall be conformed. scribed new Form H -(e) (4) for making Board. 4. Amendments.—All amendments re­ such information filings. The Board con­ quested and additional information shall be siders it desirable to amend § 584.10(d) [ seal] E ugene M . H errin, filed under cover of this form, shall be clearly (12 CFR 584.10(d)) in order to specify Assistant Secretary. identified as amendments, numbered con­ Form H -(e) (4) therein. secutively, and shall comply with all per­ F ederal S avings and L oan Insurance tinent requirements of this Information Accordingly, the Federal Home Loan Corporation Filing, including signature page. Bank Board hereby amends said § 584.10 Wasihington, D.C. 20552 5. Additional Information.—In addition to by revising paragraph (d) thereof to read Information Filing H(e) (4) the information expressly required to be in­ as set forth below, effective October 25, cluded in this Information Filing, there 1973. Inform ation filling pursuant to § 584.4-1 of shall be added such further material infor­ the Regulations for Savings and Loan Hold­ Since the above amendment relates to mation, if any, as may be necessary to make ing Companies as to exception under § 584.- the required information, in light of the Board procedure and practice regarding 4(b) (2) from the requirement of prior writ­ circumstances under which it is made, not ten approval of an acquisition of an insured misleading" filings under the Regulations for Savings institution in connection with a reorganiza­ and Loan Holding Companies, the Board tion. 6. Limited Incorporated by Reference.— hereby finds that notice and public pro­ Only material contained in answer to another Legal name of company filing information item in this Information Filing or in an cedure with respect to said amendment exhibit hereto may be incorporated by refer­ are unnecessary under the provisions of Address of principal executive office of com­ ence in answer or partial answer to any item pany Zip code of the filing. Material incorporated by refer­ 12 CFR 508.11 and 5 U.S.C. 5 53 (b ); and ence shall be clearly identified in the refer­ Since publication of said amendment for ence. An express statement that the Legal name of insured institution to be ac­ specified the 30-day period specified in 12 CFR quired material is incorporated by reference shall be 508.14 and 5 U.S.C. 553(d) prior to the made at the particular place in the filing Address of home office of institution Zip Code where the information is required. Material effective date of said amendment would shall not be incorporated by reference in any in the opinion of the Board be unneces­ Name and address of person to whom com­ case where such incorporation would render munications are to be sent the statement incomplete, unclear or con­ sary for the same reason, the Board fusing. hereby provides that said amendment GENERAL INSTRUCTIONS 7. Definitions.—For definitions of various shall become effective as hereinbefore set 1. Preparation of Information Filing.—Thisterms used in this Information Filing, refer­ forth . Information Filing is not to be used as a ence is made to Part 583—Definitions of the

FEDERAL REGISTER, VOL. 38, NO . 205— -THURSDAY, OCTOBER 25, 1973 RULES ÀND REGULATIONS 29463

Regulations for Savings and Loan Holding during the portion of such period in which The undersigned principal executive or Companies and to the Board Ruling con­ they were in control. principal financial officer of the company tained in § 589.2. (d) If the controlling persons of the filing making this Information Filing acknowl­ company will not be identical to those named edges and certifies that he has carefully re­ INFORMATION REQUIRED in (a) or the ownership of voting securities viewed the information contained herein (in­ Item 1. Organisation of the filing com­ by such controlling persons of the filing com­ cluding exhibits), and that 6uch information pany.—Sitate the date on which the filing pany will differ in percentage from those set is true, correct and complete to the best company was organized and its form of or­ forth in (a), describe the changes and the of his knowledge and belief. ganization (such as a “corporation” , “part­ reasons therefor. nership” or “ trust” ) . (e) If any of the persons named in this (Signature) Item 2. Basis o f request for acquisition to item are deemed to be controlling persons Date: be considered within exception of § 584.4(b) because they have acted or are acting in con­ (Name) (Title) (2).—State the basis upon which the filing cert with one or more other persons, or company considers the acquisition to be through one or more subsidiaries, state the [FR Doc.73-22733 Filed 10-24-73;8:45 am] within the exception contained in § 584.4(b) circumstances of this concerted action. Item 6. Offering of voting securities in con­ (2). Title 14— Aeronautics and Space Item 3. Description of reorganisation.— nection with acquisition.—Furnish informa­ Describe the material terms of the reorgani­ tion as to any offering or contemplated of­ CHAPTER I— FEDERAL AVIATION ADMIN­ zation whereby a person or group of persons fering of the voting securities of the filing ISTRATION, DEPARTMENT OF TRANS­ controlling the insured institution for more company in connection with the acquisition PORTATION of the insured institution. than three years preceding the date o f filing [Docket No. 9974, Amdt. 93-27] will vest control of such institution in a Item 7. Assumption of debt of controlling newly formed savings and loan holding com­ persons.—Furnish information as to any PART 93— SPECIAL AIR TRAFFIC RULES pany. ; debt of the controlling persons of the in­ AND AIRPORT TRAFFIC PATTERNS Item 4. Number of voting security holders sured institution being assumed by the fil­ in the insured institution.—State in the ing company or otherwise in connection with High Density Traffic Airports the acquisition. tabular form indicated below the number of The purpose of this amendment to holders of record of each class o f voting Item 8. Proxy solicitation of voting security securities of the insured institution (a) as holders of the insured institution.— State Part 93 of the Federal Aviation Regula­ of a date within 30 days of the date o f this whether or not proxies will be solicited from tions is to extend for an indefinite time Information Filing, and (b) as of a date the voting security holders of the insured in­ period the special air traffic rule for approximately three years prior to the date stitution in connection with the reorganiza­ High Density Traffic Airports which used in (a). tion and if there will be a solicitation, would otherwise expire on October 25, whether it will be subject to Regulation 14A of the General Rules and Regulations under 1973, and to amend Subpart K o f Part 93 (1) (2) (3) the Securities Exchange Act of 1934. by making certain nonsubstantive edito­ rial changes to the rules brought about Number of Number of Item 9. Tax consequences of the acquisi­ Title of class record shares tion.—If the proposed acquisition will be tax by prior amendments. The present holders outstanding free, state whether a ruling thereon will be amendment was proposed in Notice sought from the Internal Revenue Service 73-22, issued on August 22,1973, and pub­ or whether there will be reliance on an opin­ lished in the F ederal R egister (38 FR- ion of tax counsel or a tax accountant. If 23338) on August 29,1973. the proposed acquisition will be taxable, describe the tax consequences. Of the comments received in response Item 5. Ownership of voting securities by Item 10. Exhibits.—List all exhibits filed to the notice, several were in favor of controlling persons o f the insured institu­ as a part of the Information Filing. Exhibits the rule, several were in favor of the rule tion.—(a) Furnish the following informa­ shall be appropriately lettered or numbered with the qualification that the FAA con­ tion, as of a date within 30 days of the date for convenient reference. Copies of signed tinuously monitor the traffic activity at of this Information Filing, in substantially exhibits shall be conformed. The following the affected airports and adjust the the tabular form indicated, as to the owner­ exhibits shall be filed as part of this In-^ formation Filing. quotas where appropriate, and several ship, whether of record or beneficially, of the commentators were completely opposed voting securities o f the insured institution 1. Lists of stockholders of the insured in­ owned by each controlling person thereof. stitution as of (a) a date within 30 days of to the rule and believed it should be per­ Show in Column (3) whether the securities the date of this filing, and (b) a date ap­ manently rescinded. are owned both of record and beneficially, of proximately three year? preceding the date Those commentators who favored the record only, or beneficially only, and show of the list furnished under (a). rule with qualification urged that al­ in Columns (4) and (5) the respective Instruction.—The lists shall be dated and though yearly extensions be removed, the amounts and percentages owned in each such the names and addresses and number of manner. shares held by each stockholder shall be FAA maintain a constant surveillance stated. The dates of the lists shall corre­ over the airport demands and capacity spond to those used in Items 4 and 5. and relax the quotas imposed and ulti­ tt) (2) (3) U) (5) 2. Any plan of reorganization described in mately eliminate them as soon as con­ Name and Title of Type of Amount Percent Item 3. ditions permit. The FAA agrees that the Address class owner- owned as of of class 3. Any offering material relating to an of­ need for the quotas should be continually ship date within fering referred to in Item 6. Preliminary 30 days copies may be furnished if the definitive of­ reviewed at each affected airport to en­ fering material is not yet available. sure that no unnecessary burden is per­ 4. Any agreement relating to assumption of mitted to arise. Current monitoring of debt referred to in Item 7. traffic conditions will accordingly be 5. Proxy soliciting materials referred to in maintained. The quotas will be revised, Item 8. Preliminary copies may be furnished and may even be eliminated, if monitor­ instruction.—The percentages are to be if the definitive proxy soliciting materials ing reveals that such relaxations can be calculated on the basis of the amount of out­ are not yet available. accomplished consistent with the air standing securities, excluding securities held 6. Any ruling or opinion referred to in traffic objectives of the regulation. by or on account of the issuer. Item 9. If a ruling is being requested but (b) If any of the controlling persons named has not yet been obtained from the Internal One commentator took exception to the m (a) acquired or disposed of any voting Revenue Service, an opinion and a copy of statements in the preamble that the use securities of the insured institution during the ruling request should be furnished. of heavy jet aircraft requires additional the three-year period preceding the date used separation which is a factor adding to in (a) , furnish comparable information as to SIGNATURES system congestion. The commentator the title of class, type of ownership, and Pursuant to the requirements of § 584.4-1 aegued that there has been a general tion an<* amount acquisition or disposi- of the Regulations for Savings and Loan reduction in the affected airspace opera­ Holding Companies, the company making tions and that additional separation re­ there were any controlling persons of this Information Filing has caused this filing he insured institution during the three- to be signed on its behalf by the undersigned quired by heavy jet aircraft has not re­ year period preceding the date used in (a) duly authorized agent. sulted in a practical reduction in airport no are not controlling persons as of such acceptance rates. Airport operation rec­ W6i fumisii comparable information to that Name of company making Information ords, however, since the inception of quired by (a) and (b) as to such persons Filing heavy jet aircraft, reveal that only one

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29464 RULES AND REGULATIONS airport (JFK) has experienced any CHAPTER II— CIVIL AERONAUTICS B. By deleting from the list of due significant decrease in total operations. BOARD dates and schedules the due dates of At two airports (O’Hare and LaGuardia) SUBjCHAPTER A— ECONOMIC REGULATIONS February 20, May 20, August 20 and No­ operations have in fact increased. [Reg. ER-829; Amdt. 8] vember 20, as well as the references alongside those dates to “Memorandum Separation standards behind the heavy PART 241— UNIFORM SYSTEM OF AC- jets are now two minutes instead of the subclassifications of selected reported ex­ COUNTS AND REPORTS FOR CERTIFI­ penses and ground property investment” usual one minute and radar separation CATED AIR CARRIERS has increased from the usual three miles schedules set forth in section 22, so that to five miles following a heavy jet. Deletion of Memorandum Subclassifi­ the revised list reads in pertinent part Several commentators believed that in cation of Selected Reported Ex­ as follows: penses and Memorandum Subclassifi­ effect the proposal intends to make the cation of Ground Property Investment Due Dates of Schedules In CAB Form 41 Report High Density Airports Reservation Sys­ Schedules tem a permanent rule by administrative Adopted by the Civil Aeronautics Due date: 1 Schedule No. action and suggested as an alternative an Board at its office in Washington, D.C. * * * * * extension period of two years. The intent on October 19,1973. however is not merely to extend the rule, Feb. 102__. A, R-2, B-3, B-4, B—5, B-7, B-7 but to allow modifications of quotas By ER-483, adopted January 23, 1967, (b ), B-8, B—10, B-12, B-13, the Board amended Part 241 of the B—14, P-1.1, P-1.2, P-2, P-2 based upon changing conditions rather (a), P-3, P-3 (a), P-4, P-5.1, than upon an arbitrary time period Board’s Economic Regulations by adding P-5.2, P-5 (a ), P-6, P-7, P-8, which only creates artificial deadlines for Memorandum Subclassification of Se­ P-9.1, P-9.2, P-10, T-6, D-l. administrative action. In support of this lected Reported Expenses and Memoran­ Mar. 1___ B—1, P-1 (a), T—1, T-7. intent it may be pointed out that past dum Subclassification of Ground Prop­ changes have removed Newark Airport, erty Investment schedules to CAB Form May 10___ A, B—2, B-3, B-4, B-5, B-7, B-7 Newark, New Jersey, from the rule and 41. These schedules were intended to (b ), B-8, B—10, B-12, B-13, have resulted in partial-suspension of the produce refinements of data with respect B-14, P-1.1, P-1.2, P-2, P-2 rule at John F. Kennedy International to ground property investment and op­ (a), P-3, P-3 (a), P-4, P-5.1, Airport, New York, New York, and erating expenses so as to facilitate cost­ P-5.2, P-5 (a ), P-6, P-7, P-8, ing of passenger and cargo services per­ P-9.1, P-9.2, P-10, T-6, D-l. O’Hare International Airport, Chicago, May 30. B—1, P-1 (a), T-l, T-7. -Illinois. formed by Group III carriers, i.e., major * * * * No comments were received concern­ route air carriers. ing the nonsubstantive editorial changes Although the Board continues to be­ Aug. 10 A, A—1, B—2, B-3, B-4, B-5, B-7, lieve that there is a need for the data B -7 (b ), B-8, B—10, B-12, B- which were proposed in the notice affect­ 13, B-14, P-1.1, P-1.2, P-2, ing §§ 93.121, 93.130, and 93.133. refinements which we sought to obtain in ER-483, our experience with the P -2 (a ), P-3, P—3 (a ), P-4, P- Interested persons have been afforded 5.1, P-5.2, P-5 (a ), P-6, P-7, memoranda submitted pursuant to the P-8, P-9.1, P-9.2, P-10, T-6, an opportunity to participate in the mak­ rule during the years since its adoption ing of these amendments and due con­ D -l. has persuaded us that these particular Aug. 30— B—1, P-1 (a), ,T—1, T-7. sideration has been given to all matter schedules do not achieve their intended presented. purpose sufficiently to warrant their con­ These amendments are made under the Nov. 10____ A, B-2, B-3, B-4, B-5, B-7, B- tinued use. 7(b), B-8, B-10, B-12, B-13, authority o f sections 103, 307, 313(a), The Board has, therefore, determined B-14, P-1.1, P-15, P-2, P-2 and 601 of the Federal Aviation Act of to delete the reporting requirement for (a ), P-3, P-3 (a ), P-4, P-5.1, 1958 (49 U.S.C. 1303, 1348, 1354(a), and filing the memorandum schedules pro­ P-5.2, P-5 (a), P-6, P-7, P-8, 1421); and section 6(c) of the Depart­ vided for in sections 23 and 24 o f the P-9.1 P-9.2, P-10, T-6, D-l. ment of Transportation Act (49 TJ.S.C. Uniform System of Accounts and Re­ Nov. 30___ B—1, P-1 (a), T-l, T-7. 1 6 5 5 (c)). ports. For the time being, we shall rely The present high density traffic airport on our remaining reporting requirements *B and P reporting dates are extended to rule terminates on October 25, 1973. In for data relating to ground property in­ Mar. 30, if preliminary schedules are filed at the Board by Feb. 10. order to ensure that the orderly, efficient vestment and operating expenses. C. By deleting from footnote “2” to use of airspace is not interrupted by the Since this amendment reduces present reporting requirements, and thereby re­ said list, the reference to “memorandum expiration of § 93.131, I find that good lieves a burden, the Board finds that subclassification,” the amended footnote cause exists for making this amendment notice and public procedure hereon are to read as follows: effective less than 30 days after publica­ not required and the rule may be made 2. By amending Section 23—Certifica­ tion in the F ederal R egister. effective immediately. tion and Balance Sheet Elements—by In consideration of the foregoing, Part Accordingly, the Civil Aeronautics deleting the caption “Memorandum Sub­ 93 of the Federal Aviation Regulations Board hereby amends Part 241 of the classification o f Ground Property Invest­ is amended, effective October 25, 1973, Economic Regulations (14 CFR Part ment,” which follows paragraph (g) of as follows: 241), effective October 19, 1973, as fo l­ 1. By amending § 93.121 by deleting lows: Schedule B-46, as well as the entire text the words “the aircraft equipment and” 1. By amending Section 22—Generalof paragraphs (a), (b) and (c) set forth between the words “prescribes” and “air Reporting Instructions as follows: ■ under said caption. traffic rules.” A. By deleting the references to Mem­ 3. By amending Section 24— Profit and 2. By amending § 93.130 by deleting orandum Subclassification of Ground Loss Elements—by deleting the caption the phrase “ §§ 93.125(a) and 93.125(b)” Property Investment and to Memoran­ “Memorandum Subclassification of between the words “prescribed in” and dum Subclassification of Selected Re­ ported Expenses Schedules from the list Selected Reported Expenses,” which fol­ “if he finds” and substituting “ § 93.125” lows paragraph (d) o f Schedule P-41, therefor. of schedules, so that the revised list reads, in pertinent part, as follows: as well as the entire-text of paragraphs 3. By deleting § 93.131. Schedule Schedule title Filing (a), (b), (c) and (d) set forth under 4. By amending § 93.133 by deleting No. frequency the phrase “§ 93.125(a) and (b)” be* said caption. tween the words “and” and “do” and * *. * * (Secs. 204(a) and 407 of the Federal Aviation B-46...... Long-Term and Short-Term Do. Act of 1958, as amended, 72 Stat. 743, 766 (49 substituting “ § 93.125” therefor. Nontrade Debt. P-1.1...... Income Statement—Group I Quarterly. U.S.C. 1324, 1377).) Issued in Washington, D.C., on October Air Carriers. 19,1973. * * * * • By the Civil Aeronautics Board. P-41...... Taxes______— Annually. [ seal] E d w in Z. H olland, A lexander P. B utterfield, T -l...... Traffic and Capacity Statistics Monthly. Secretary. Administrator. by Class of Service. * • 0 * ' * [PR Doc.73-22746 Filed 10-24-73;8:45 am] * [FR Doc.73-22732 Filed 10-24-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29465

Title 16— Commercial Practices tories, Inc., 25 Lewis Avenue, Jersey City, (Sec. 409(c) (lVs 72 Stat. 1786; (21 TJ.S.C. N.J. 07306, and other relevant material, 348(c)(1)).) CHAPTER I— FEDERAL TRADE COMMISSION concludes that the food additive regula­ Dated October 16, 1973. tions should be amended, as set forth PART 24— PAPER BAG INDUSTRY S am D. F in e , below, to provide for the safe use of di­ Associate Commissioner for PART 44— MILLWORK INDUSTRY methyl glutarate, in the preparation of Compliance. polyamide-epichlorohydrin water-solu­ PART 52— COMMON OR TO ILET PIN ble thermosetting resins intended for [FR Doc.73-22610 Filed 10-24-73;8:45 am] INDUSTRY use in the manufacture of uncoated PART 55— CHINA RECESS ACCESSORIES paper and paperboard in contact with PART 121— FOOD ADDITIVES INDUSTRY aqueous and fatty foods. Subpart F— Food Additives Resulting PART 81— WASTE PAPER DEALERS AND Therefore, pursuant 4o provisions of From Contact With Containers or Equip­ PACKERS the Federal Food, Drug, and Cosmetic ment and Food Additives Otherwise Act (sec. 409(C)(1), 72 Stat. 1786 (21 Affecting Food PART 89— ICE CREAM INDUSTRY, U.S.C. 348(c) (1 ))) and under authority DISTRICT OF COLUMBIA AND VICINITY delegated to the Commissioner (21 CFR S an itizin g S olu tio n s PART 90— MOPSTICK INDUSTRY 2.120), § 121.2526(a) (5) is amended by The Commissioner of Food and Drugs, Rescinded Trade Practice Rules revising the entry in the “List of Sub­ having evaluated data in a petition (FAP stances” and “Limitations” columns for 2H2732) filed by Lithium Corp. of Amer­ Trade Practice Rules for the follow­ “polyamide-epichlorohydrin water-sol­ ica, a subsidiary of Gulf Resources & ing industries have been rescinded by uble thermosetting resins * * *” to read Chemical Corp., Post Office Box 795, the Federal Trade Commission and'are as follows: Bessemer City, NC 28016, and other rele­ hereby ordered removed from the Code vant material, concludes that the food of Federal Regulations, Title 16: § 121.2526 Components of paper and paperboard in contact with aqueous additive regulations (21 CFR Part 121) and fatty foods. should be amended, as set forth below, to Trade practice rules Date Date provide for the safe use of an aqueous for the— promulgated rescinded * * * * * solution containing lithium hypochlorite (a) * * * for sanitizing food-processing equipment Paper bag industry___ __ July 17,1931 July 20,1970 (5) * * * and utensils that contact food. Miilwork industry______Aug. 28,1931 Apr. 3,1970 Common or toilet pin in­ List of substances Limitations Therefore, pursant to provisions of the dustry__ _•...... Sept. 3,1931 July 20,1970 * * * Federal Food, Drug, and Cosmetic Act China recess accessories * * industry______Oct. 2,1931 July 27,1970 Polyamide - epichlorohy- For use only in (sec. 4 0 9 (c)(1 ), 72 Stat. 1786 (21 U.S.C. Waste paper dealers and drin water - soluble the manufac­ 348(c)(1))) and under auhority dele­ packers...... Sept. 3,1932 July 27,1970 Ice cream industry, Dis­ thermosetting resins ture of paper gated to the Commissioner (21 CFR trict of Columbia and prepared by reacting and paper- 2.120), § 121.2547 is amended in para­ vicinity...... Mar. 20,1933' Mar. 20,1970 adipic acid, isophthalic board under graph (b) by adding a new subparagraph Mopstick industry______Mar. 20,1933 June 30,1970 acid, itaconic acid or c o n d i 1 1 on s (15), and in paragraph (c) by adding a dimethyl glutarate with such that the new subparagraph (10), as follows: Issued October 24, 1973. dlethylenetriamine to resins do not form a basic polyamide exceed 1.5 per­ § 121.2547 Sanitizing solutions.

By the Commission. and further reacting cent by weight * * * * * the polyamide with one o f. paper and [seal} Charles A. T obin , of the following: paperboard. (b ) * * * Secretary. Epichlorohydrin. (15) An aqueous solution containing [FR Doc.73-22631 Filed 10-24r-73;8:45 am] Epichlorohydrin and lithium hypochlorite. ammonia mixture. (c) * * * Epichlorohydrin and (10) Solutions identified in paragraph Title 21— Food and Drugs sodium hydrosul­ (b) (15) of this section will provide not CHAPTER I— FOOD AND DRUG ADMINIS­ fite mixture. more than 200 parts per million of avail­ TRATION, DEPARTMENT OF HEALTH, * * * * * able chlorine and not more than 30 ppm EDUCATION, AND WELFARE Any person who will be adversely af­ lithium. SUBCHAPTER B— FOOD AND FOOD PRODUCTS fected by the foregoing order may at any * * * * * PART 15— CEREAL FLOURS AND time on or before November 26, 1973, file Any person who will be adversely af­ RELATED PRODUCTS with the Hearing Clerk, Food and Drug fected by the foregoing order may at any Administration, Rm. 6-86, 5600 Fishers PART 17— BAKERY PRODUCTS time on or before November 26, 1973, file Lane, Rockville, Md. 20852, written ob­ with the Hearing Clerk, Food and Drug Improvement of Nutrient Levels of En­ jections thereto. Objections shall show Administration, Rm. 6-86, 5600 Fishers riched Flour, Enriched Self-rising Flour, wherein the person filing will be adversely Lane, Rockville, Md. 20852, written ob­ and Enriched Breads, Rolls or Buns affected by the order, specify with par­ jections thereto. Objections shall show Correction ticularity the provisions of the order wherein the person filing will be adver­ deemed objectionable, and state the sely affected by the order, specify with In FR Doc. 73-21918, appearing at grounds for the objections. If a hearing particularity the provisions of the order page 28558, in the issue of Monday, O cto­ is requested, the objections shall state deemed objectionable, and state the ber 15, 1973, in the effective date para­ the issues for the hearing, shall be sup­ grounds for the objections. If a hearing graph, the date “ April 15, 1973” should ported by grounds factually and legally is requested, the objections shall state read “April 15,1974” . sufficient to justify the relief sought, and the issues for the hearing, shall be sup­ shall include a detailed description and ported by grounds factually and legally PART 121— FOOD ADDITIVES analysis of the factual information in­ sufficient to justify the relief sought, and tended to be presented in support of the shall include a detailed description and Subpart F— Food Additives Resulting objections in the event that a hearing is analysis of the factual information in­ From Contact With Containers or Equip­ held. Objections may be accompanied by tended to be presented in support of the ment and Food Additives Otherwise a memorandum or brief in support Affecting Food objections in the event that a hearing is thereof. Six copies of all documents shall held. Objections may be accompanied Components of P aper and P aperboard in be filed. Received objections may be by a memorandum or brief in support C ontact W ith F ood seen in the above office during working thereof. Six copies of all documents shall hours, Monday through Friday. The Commissioner of Food and Drugs, be filed. Received objections may be seen having evaluated the data in a petition Effective date.—This order shall be­ in the above office during working hours, (FAP 2B2749) filed by Wells Labora­ come effective on October 25, 1973. Monday through Friday.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29466 RULES AND REGULATIONS

Effective date.—This order .shall be­ that a hearing is held. Objections may be § 0.132 o f Subpart W o f Part 0 of Chap­ come effective on October 25, 1973. accompanied by a memorandum or brief ter I of Title 28, Code of Federal Regula­ (Sec. 409(c) (1), 72 Stat. 1786; (21 U.S.C. 348 in support thereof. Six copies of all doc­ tions is amended, to read as follows: ( c ) ( 1 ) ) .) uments shall be filed. Received objec­ tions may be seen in the above office § 0.132 Designating officials to perform Dated October 16,1973. the functions and' duties of certain during working hours, Monday through offices in case o f vacancy therein. S am D. F in e , Friday. (а) In case of vacancy in the office of Associate Commissioner for Effective date.—This order shall be­ Compliance. Attorney General, the Deputy Attorney com e effective on October 25, 1973. General shall, pursuant to 28 U.S.C. 508, [FR Doc.73-22609 Filed 10-24^73;8:45 am] (Sec. 409(c) (1), 72 Stat. 1786; (21 U.S.C. 348 perform the functions and duties of and (c)(1).) act as Attorney General. In case of PART 121— FOOD ADDITIVES Dated October 16,1973. vacancy in both the office of Attorney General and the Office of Deputy Attor­ Subpart F— Food Additives Resulting S am D. F in e , ney General, the following officials shall From Contact With Containers or Equip­ Associate Commissioner for perform the functions and duties of and ment and Food Additives Otherwise Compliance. Affecting Food act as Attorney General, in the follow­ [FR Doc.73-22611 Filed 10-24-73;8:45 am] ing order of succession: S an itizing S olutions (1) Solicitor General The Commissioner of Food and Drugs, Title 28— Judicial Administration (2) Assistant Attorney General, Crim­ having evaluated the data in a petition inal Division (FAP 3H2923) filed by West Chemical CHAPTER I— DEPARTMENT OF JUSTICE (3) Assistant Attorney General, Anti­ Products, 42-16 West St., Long Island [Order No. 546-73] trust Division City, N.Y. 11101, and other relevant ma­ PART 0— ORGANIZATION OF THE (4) Assistant Attorney General, Civil terial, concludes that the food additive DEPARTMENT OF JUSTICE Rights Division regulations (21 CFR Part 121) should (5) Assistant Attorney General, Office Abolishment of Office of Watergate Special of Legal Counsel be amended, as set forth below, to pro­ Prosecution Force vide for the use of isopropyl alcohol as (б) Assistant Attorney General, Tax an optional adjuvant, rather than as a This order abolishes the Office of Division required ingredient, for sanitizing food- Watergate Special Prosecution Force. (7) Assistant Attorney General, Land processing equipment and utensils that The functions of that Office revert to the and Natural Resources Division contact food. Criminal Division. Dated October 23, 1973. Therefore, pursuant to provisions of By virtue of the authority vested in me by 28 U.S.C. 509, 510, and 5 U.S.C. R obert H . B ork, the Federal Food, Drug, and Cosmetic Acting A ttorney General.. A ct (sec. 4 0 9 (c)(1 ), 72 Stat. 1786 (21 301, the Office of Watergate Special U.S.C. 348(c)(1))), and under the au­ Prosecution Force is abolished. Accord­ [FR Doc.73-^22825 Filed 10-24-73;8:45 am] thority delegated - t o the Commissioner ingly, Part 0 o f Chapter I o f Title 28, (21 CFR 2.120), § 121.2547 is amended in Code of Federal Regulations, is amended T|tle 32— National Defense as follows: paragraph (b) (5) to read as follows: CHAPTER XIV— RENEGOTIATION BOARD 1. Section 0.1 of Subpart A, which lists § 121.2547 Sanitizing solutions. SUBCHAPTER B— RENEGOTIATION BOARD the organizational units of the Depart­ REGULATIONS UNDER THE 1951 ACT ♦ ♦ * * * .' ment, is amended by deleting “Office of (b ) * * * Watergate Special Prosecution Force.” PART 1472— CONDUCT OF (5) An aqueous solution containing 2. Subpart G -l is revoked. RENEGOTIATION elemental iodine, hydriodic acid, u-(p~ Hours of Business nonylphenyl) - omega-hydroxypoly (oxy- Order No. 517-73 o f May 31, 1973, ethylene) (complying with the identity Order No. 518-73 o f May 31, 1973, Order Section 1472.6(e) (2) Hours of business No. 525-73 of July 8,1973, and Order No. is amended by deleting the phrase “8:30 prescribed in § 121.2541 (c) and having a 531-73 o f July 31, 1973, are revoked. maximum average molecular weight of a.m. to 5:00 p.m.” and inserting in lieu 748) and/or polyoxyethylene-polyoxy- This order is effective as of October, 21, thereof the phrase “8:00 a.m. to propylene block polymers (having a min­ 1973. 4:30 p.m.” imum average molecular weight of Dated October 23,1973. (Sec. 109, 65 Stat. 22; 50 U.S.C.A., App. Sec. 1,900). Additionally, the aqueous solu­ 1219.) tion may contain isopropyl alcohol as an R obert H . B ork , optional ingredient. Acting Attorney General. Dated October 19, 1973. ***** [FR Doc.73-22824 FUed 10-24-73;8:45 am] W. S. W hitehead, Any person who will be adversely af­ Chairman. fected by the foregoing order may at any [Order No. 547-73] [FR Doc.73-22712 Filed 10-24-73;8:45 am] time on or before November 26, 1973, PART 0— ORGANIZATION OF THE file with the Hearing Clerk, Food and Title 41— Public Contracts and Property DEPARTMENT OF JUSTICE Drug Administration, Rm. 6-86, 5600 Management Fishers Lane, Rockville, Md. 20852, writ­ Subpart W— Additional Assignments of ten objections thereto. Objections shajl CHAPTER 3— DEPARTMENT OF HEALTH, Functions and Designation of Officials EDUCATION, AND WELFARE show wherein the person filing will be To Perform the Duties of Certain Offices adversely affected by the order, specify in Case of Vacancy, or Absence Therein PART 3-3— PROCUREMENT BY with particularity the provisions of the or in Case of Inability or Disqualification NEGOTIATION order deemed objectionable, and state To Act Miscellaneous Amendments the grounds for the objections. If a hear­ D esignating O fficials to A ct as Chapter 3, Title 41, Code of Federal ing is requested, the objections shall A tto rn ey G eneral state the issues for the hearing, shall be Regulations, is amended as set forth supported by grounds factually and This order amends the Department below. The purpose of these amendments regulations designating officials of the is to establish policies and procedures legally sufficient to justify the relief Department of Justice to act as Attorney sought, and shall include a detailed de­ General in case oi a vacancy in that relative to the issuance of letter scription and analysis of the factual in­ Office. contracts. formation intended to be presented in By virtue of the authority vested in It is the general policy of the Depart­ support of the objections in the event me by 28 U.S.C. 508, paragraph (a) of ment of Health, Education, and Welfare

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29467 to allow time for interested parties to than 90 days must be approved by the prove those modifications covered by participate in the rulemaking process. Deputy Assistant Secretary for Grants paragraph (d) (2) of this section. Re­ However, the amendments herein involve and Procurement Management. quests for authority to issue letter con­ Administrative matters. Therefore, the (3) In no event will the individualtract modifications shall be processed in public rulemaking authority is deemed signing the contractual document be the the same manner as requests for author­ unnecessary in this instance. person who approves it. ity to issue letter contracts (see para­ 1. The table of contents of Subpart (e) Limitations.— (1) A letter contract graph (d)(1) of this section) and shall 3_3.4 is amended to add the following: shall not be entered into without com­ include the following: Subpart 3-3.4— Types of Contracts petition when competition is practicable. (1) Name and address of the con­ (2) A letter contract shall be super­ tractor. See. 3-3.408 Letter Contract. seded by a definitive contract at the (2) Description of work and services. earliest practicable date, but in no event (3) Date original request was ap­ 2. Subpart 3-3.4 is amended to add a later than 150 days after the date of proved and indicate approving official. new § 3-3.408 which reads as follows: execution of the letter contract. (4) Letter contract number and date § 3—3.408 Letter contract. (3) Hie maximum fund liability of the issued. Government, stated in the letter con­ (5) Complete justification as to why (a) Definition.—A letter contract is a tract, will be limited to only that amount the letter contract cannot be definitized written preliminary contractual instru­ determined essential to cover the con­ at this time. ment which authorizes immediate com­ tractor’s requirements for funds prior to (6) Complete justification as to why mencement of work or services. definitization. the level of funding must be increased. (b) Policy.—The policy of the Depart­ (f ) Information to be furnished when (7) Complete justification as to why ment of Health, Education, and W elfare requesting authority to issue a letter con­ the period of effectiveness is increased is not to issue letter contracts. Excep­ tract. The following information should beyond 90 days, if applicable. tions to this policy will be permitted only be included in any memorandum for ap­ (8) If the funding of the letter con­ in those cases where all matters of a sub­ proval to issue a letter contract: tract is to be increased to more than 50 stantive nature, such as statements of (1) Name and address of proposed percent of the estimated cost of the pro­ work, delivery schedules, and general contractor. curement, the information set forth in and special clauses have been resolved (2) Location where contract is to be paragraph (f) (10) of this section must and agreed upon. performed. be included in the memorandum. (c) Application.—A letter contract (3) Contract number, including modi­ (5 U.S.C. 301, 40 U.S.O. 486(c).) may be entered into only when: (1) The fication number, if possible. urgency of the requirement necessitates (4) Brief déscription o f work and serv­ Effective date.—These amendments that the contractor be given , a binding ices to be performed. will be effective October 25, 1973. commitment so that work can commence (5) Performance or delivery schedule. Dated October 17,1973. immediately, (2) preparation o f a defini­ (6) Amount of letter contract. tive contract in sufficient time to meet (7) Estimated total amount of defini - S. H . C larke, Departmental requirements is not pos­ Deputy Assistant Secretary for tized contract. Administration and Management. sible, and (3) prior approval has been (8) Type of definitive contract to be obtained. (For approval levels, see para­ executed (fixed price, cost-reimburse­ [FR Doc.73-22711 Filed 10-24-73:8:45 am] graph (d) o f this section.) ment, etc.). (d> Approval.—(1) Any letter con­ ( 9 ) Statement of the necessity and ad­ CHAPTER 5A— FEDERAL SUPPLY SERV­ tract which obligates more than 50 per­ vantage to the Government of the use of cent of the estimated cost of the pro­ ICE, GENERAL SERVICES ADMINISTRA­ the proposed letter contract. TION curement or provides for a period of (10) Statement of percentage of the effectiveness o f more than 90 days, must estimated cost that the obligation of Revision of GSA Form 1424, GSA be approved by the Deputy Assistant funds represents. In rare instances where Supplemental Provisions Secretary for Grants and Procurement the obligation represents 50 percent or The following change prescribes the Management. When approval is recom­ more of the proposed estimated cost of use of a revised GSA Form 1424, GSA mended such requests shall be fo r­ the procurement, a justification for such Supplemental Provisions. warded by the official set forth below, obligation must be included which would PART 5A-1— GENERAL with his concurrence to the Office of indicate basis and necessity for the obli­ Grants and Procurement Management. gation, (e.g., the contractor requires a Subpart 5A—1.3— General Policies All requests must be in writing and large initial outlay of funds for major originated by the contracting officer. Re­ Section 5A-l,376-2(c) is revised as subcontract awards or an extensive pur­ follow s: quests for authority to issue letter con­ chase of materials to meet an urgent tracts which can be approved by any delivery requirement). In every case, § 5A—1.376—2 Exercise of options. official designated below shall be proc­ documentation must assure that the ♦ * * * * essed in accordance with the procedures amount to be obligated is not in excess established by the head of the procur­ (c) An “Option to Increase Quanti­ ing activity. of an amount reasonably required to per­ ties” clause for use in definite quantity form the work. contracts is provided in § 5A-7.103-81. Office of the Secretary—Deputy Assistant (11) Period of effectiveness of the pro­ Secretary for Administration. posed letter contract. If more than 90 Office of the Assistant Secretary for Health—* days, complete justification must be PART 5A-2— PROCUREMENT BY FORMAL Director, Office of Grants and Contracts. ADVERTISING Office of Education—Assistant Commissioner given. for Business Management. (12) Statement that the document The table of contents for Part 5A-2 is National Institute of Education—Assistant meets the requirements of § 1-3.408(d) amended to delete §§ 5A-2.303, 5A-2.303- Director of Administration. of this title. 8, and 5A-2.303-70. Social and RehabUitation Service—Assistant (13) Statement of any substantive Administrator Financial Management. matters that need to be resolved. Subpart 5A—2.2— Solicitation of Bids Social Security Administration—Director, Di­ (g) Approval for modifications to let­ Section 5A-2.201-70(e) is amended as vision of Operating Facilities. ter contracts.—All letter contract modi­ follow s: (2) Also, amendments to letter con­fications, other than those covered in § 5A—2.201—70 Forms to be used. tracts which increase the funding under paragraph (d) (2) of this section, must be an existing letter contract to more than approved by an official designated in ***** 50 percent of the estimated cost of the paragraph (d)(1) of this section. The (e) * * * Procurement or extend the period of ef­ Deputy Assistant Secretary for Grants (1) GSA Form 1424, GSA Supple­ fectiveness of the letter contract to more and Procurement Management will ap- mental Provisions, July 1973 edition,

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205——3 29468 RULES AND REGULATIONS shall be incorporated by reference in incurred, if the inspection is at any other each solicitation for offers, except solici­ BA-7.103-81 Option to Increase quantities. location, and $16 per man-hour for labora­ tations for offers under the AID buying BA-7.103-82 Indefinite delivery type con­ tory testing; except that when a testing fa­ program, by using the following provi­ tracts. cility other than a Federal Supply -Service BA—7.103-83 Brand names. laboratory performs all or part of the required sion: 5A—7.103-84 Hazardous substances. tests, the Contractor shall be assessed the GSA Form 1424, GSA Supplemental Provi­ BA-7.103-85 Program to promote use of re­ actual amount of the costs incurred by the sions, July 1973 edition, receipt of which is cycled material. Government as a result of testing in such a acknowledged by the bidder, is hereby in­ 6A-7.103-86 Requirements for recycled ma­ facility. When inspection is performed by or corporated by reference. A copy of GSA Form terial for specified paper under the direction of any agency other than 1424, if not enclosed, is available upon products. the General Services Administration, the request. 6A-7.103-87 Availability for inspection and same charges may be used or such agency testing and delivery. may assess their costs for performing the in­ ♦ * * * * BA—7.103—88 Identification of production spection and testing. Subpart 5A-2.3— Submission of Bids point. * * * * * 5A—7.103-89 Guaranteed shipping weight 1. Sections 5A-2.303, 5A-2.303-8, and and cube. 6. Section 5A-7.101-6 is renumbered 5A-2.303-70 are deleted. 5A-7.103—90 Gratuities. and amended as follows: 2. Section 5A-2.370(b) is revised as BA-7.103-91 Deliveries beyond the con­ follow s: tractual period—placing of § 5A—7.102—6 Responsibility for sup­ orders. plies (Rejected supplies). § 5A—2.370 Copies o f bids required in BA—7.104 Additional clauses. submission. The following provision (included in BA—7.104-1 Liquidated damage provisions. ♦ * * * * GSA Form 1424) shall be inserted in all Subpart 5A-7.1— Fixed-Price Supply solicitations for supplies. (b) When it is necessary to vary the * * * * * normal distribution prescribed in para­ Contracts graph (a) of this section, the approval §§ 5A—7.101 and 5A-7.101-23 [De­ 7. Section 5A-7.101-8 is renumbered of the Director, Procurement Division, leted] as follows: in the regional offices, or the chief of the 1. Sections 5A-7.101 and 5A-7.101-23 § 5A—7.102—8 Assignment of claims. appropriate branch of the National Buy­ are deleted. * * * • • ing Center Division shall be obtained. 2. Section 5A-7.102 is added as follows: 8. Section 5A-7.101-22 is renumbered § 5A—7.102 Required clauses. as follows: PART 5A-7— CONTRACT CLAUSES 3. Section 5A-7.101-2 is renumbered § 5A—7.102—10 Federal, State, and local The table of contents for Part 5A-7 is and amended as follows: taxes* * * » * • revised as follows: § 5A—7.102—2 Changes (Delivery Op­ Sec. tions). 9. Section 5A-7.101-11 is renumbered 5A-7.000 General. and amended as follows: The following clause (included in GSA Subpart 5A-7.1— Fixed-Price Supply Contracts Form 1424) shall be used to amplify the § 5A—7.102—11 Default. BA-7.102 Required clauses. Changes article of Standard Form 32. (a) In addition to Article 11 of Stand­ 5A—7.102-2 Changes (Delivery Options). C hanges—Delivery Options and Adjust­ ard Form 32, the following clause (in­ 5 A—7.102-4 Variation in quantity. cluded in GSA Form 1424) shall be in­ 5A—7.102-5 Inspection. m ents in T ransportation Costs 5A-7.102-6 Responsibility for supplies (Re­ Within the scope of' Article 2 of Standard cluded in Federal Supply Schedule Con­ jected supplies).« Form 32, the right is reserved by the Govern­ tracts: 5A—7.102—8 Assignment of claims. ment to u * * * * * 5A-7.102—10 Federal, State, and local taxes. 5A—7.102—11 Default. * * * * * 10 Section 5A-7.101-70 is renumbered 5A-7.102-70 Notice of shipment. 4. Section 5A-7.101-4 is renumbered and amended as follows: 5A-7.102-71 Offer of former Government and amended as follows: § 5A—7.102—70 Notice of shipment. property. 5A-7.102-72 Interpretation of contract re­ § 5A—7.102—4 Variation in quantity. The following clause (included in GSA quirements. * (a) The following Variation in Quan­ Form 1424) shall be included in all so­ 5A—7.102—73 Delivery terms (meaning of). tity clause (included in GSA Form 1424) 5A—7.102—74 Patent indemnification. licitations so that the purchasing office 5A—7.102—75 Marking provisions. shall be used to provide a standard oar from which the order is received and/or usual percentage of variation in quantity 5A-7.102-76 Preservation, packaging, and consignee, or both if so specified, will be packing. which may be authorized when the varia­ 5A—7.102-77 Packing list. tion is caused by conditions specified in advised when shipments are made: BA-7.102-78 Advertising of award. Article 4, o f Standard Form 32. ***** BA—7.102—79 Notice to the Government of 11. Section 5A-7.101-71 is renumbered labor disputes. BA—7.103 Clauses to be used when ap­ 5. Section 5A-7.101-5 is renumbered and amended as follows: plicable. and amended as follow s: § 5À—7.102—71 Offer of former Govern­ BA-7.103-3 Examination of records by ment property. Comptroller General. § 5A—7.102—5 Inspection. BA-7.103-23 Late . bids (proposals) and In addition to Article 5 of Standard The following clause (included in GSA modifications or withdrawals Form 32, the following clauses (included Form 1424) shall be included in all of bids (proposals). in GSA Form 1424) shall be used: 6A-7.103—71 Special discount terms. solicitations : 5A—7.103—72 Preproduction samples. * * * * * 5A—7.103—73 Price escalation. (b) Additional costs of inspection and 12. Section 5A-7.101-72 is renumbered 6A-7.103—74 Drawings referencing product testing. The Contractor will be charged for or material specifications. any additional costs of Government inspec­ and amended as follows: BA—7.103-.76 Standard pack items. tion, and test when (1) supplies are not § 5A—7.102—72 Interpretation of con­ BA—7.103—76 Patents, royalty payments, and ready at the time such inspection and test is tract requirements. copyrights. requested by the Contractor, or (2) when re­ 6A-7.103-77 USDA Certificates of Quality inspection or retest is necessitated by prior The following clause (included in GSA and Condition—subsistence rejection. See Article 6(c) of Standard Form Form 1424) shall be included in all purchases. 32. When such inspection and test is per­ BA-7.103-78 USDA inspection of roasted formed by or under the direction of the solications. H whole bean coffee. General Services Administration, charges will * * * • • 5A—7.103—79 (Reserved) be at the rate of $10 per man-hour if the BA-7.103-80 Guaranteed minimum quan­ inspection is at a GSA supply distribution 13. Section 5A-7.101-73 is renumbered tity. facility, $16 per man-hour, plus travel costs and amended as follows:

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29469

§ 5A—7.103—74 Drawings referencing 8 5A -7.102-73 Delivery terms (mean­ 17. Section 5A-7.101-79 is renumbered product or material specifications. ing o f). and amended as follows: * * * * * Standard contract delivery terms shall § 5A—7.102—77 Packing list. be used in accordance with the provisions 27. Section 5A-7.170-5 is renumbered The following clause {included in GSA and revised as follows: of Subpart 1-19.3. The following clause Form 1424) shall be included in all solic­ (included in GSA Form 1424) shall be itations: § 5A—7.103—75 Standard pack items. used to make reference to these delivery ***** The following clause shall be included terms: in solicitations for stock items for which ***** 18. Section 5A-7ri01-80 is renumbered and amended as follows: standard packs have been established: Standard Pa c k Items 14. Section 5A-7.101-74 is renumbered § 5A—17.102—'78 Advertising of award. and revised as follows: The following clause (included in GSA To facilitate the distribution and handling . § 5A-7.102—74 Patent indemnification. of certain items of stock, the General Serv­ Form 1424) shall be included in all ices Administration has established stand­ The Patent Indemnification clause (in­ solicitations: ard packs of specified number of units per cluded in GSA Form 1424 and set forth ***** container. Where standard unit packing has in §5-54.103) shall be included in all 19. Section 5A-7.101-81 is renumbered been cited for an item in the Schedule or the contracts in excess o f $5,000 in amount. referenced specification, such packing is nec­ and amended as follows: essary. A bid offering to furnish an item in 15. Section 5A-7.101-75 is renumbered § 5A—7.102—79 Notice to the Govern- ' other than the pack specified shall be con­ sidered nonresponsive with respect to that and revised as follow s: ment o f labor disputes. particular item. § 5A-7.102—75 Marking provisions. The following clause (included in GSA Form 1424) shall be included in all 28. Section 5A—7.170-6 is renumbered The following clause (included in GSA as follows: Form 1424) shall be included in all solicitations: solicitations: ***** § 5A—7.103—76 Patents, royalty pay­ ments, and copyrights. Marking Provisions 20. Section 5A-7.170 is renumbered and revised as follows: * * * * * (a) Deliveries to civilian agencies.—Unless 29. Section 5A-7.170-7 is renumbered otherwise specified, unit, intermediate, and § 5A—7.103 Clauses to be used when shipping container markings shall be in ac­ applicable. as follows: cordance with Federal Standard Nof 123C, as In addition to the clauses prescribed in § 5A—7.103—77 USDA Certificates o f amended, and the commodity specification Quality and Condition— subsistence for the item. Special marking, if any, shall Subpart 1-7.1 and § 5A-7.102, the clauses be as otherwise provided in the contract or set forth in this section shall be inserted purchases. as stated in purchase orders issued under the in fixed-price supply contracts when ***** contract, all within the scope o f the ap­ applicable. 30. Section 5A-7.170-8 is renumbered plicable provisions of Federal Standard No. as follows: 123C, as amended. GSA Form 1400, Guide for 21. Section 5A-7.101-10 is renumbered Marking Shipments, illustrates the princi­ and revised as follows: § 5A—7.103—78 USDA inspection of pal marking requirements for shipping con­ roasted whole bean coffee. § 5A—7.103—3 Examination o f records tainers as required by Federal Standard No. ***** 123C, as amended. Copies of GSA Form 1400 by Comptroller General. and Federal Standard No. 123C, as amended, 31. Section 5A-7.170-9 is renumbered may be obtained from the Office issuing the In addition to the Examination of Rec­ as follows: invitation or as indicated in the provision ords by Comptroller General clause in entitled “Copies of Specifications and Fed­ Standard Form 32, the clause, Examina­ § 5A—7.103—79 [Reserved! eral Standards.” tion of Records by GSA, shall be used as 32. Section 5A-7.170-10 is renumbered (b) Deliveries to military agencies.— Mark­ prescribed in § 5-53.303. and amended as follows: ing of shipments for delivery to military agencies shall be as otherwise specified in the 22. Section 5A-7.101-35 is renumbered § 5A—7.103—80 Guaranteed minimum contract or in purchase orders issued under and revised as follows: quantity. the contract but, if not so specified, the in­ * * * * * terior packages and the exterior shipping § 5A—7.103—23 Late bids (proposals) containers shall be marked in accordance and modifications or withdrawals of (a )* * * bids (proposals). with Military Standard 129E, as amended. G uaranteed Min im u m Quantity (c) Improperly marked material.— In the The Late Bids, Modifications of Bids, The guaranteed minimum quantity the event any shipment is not marked in accord­ or Withdrawal of Bids and the Late ance with the contract requirements, the Government agrees to purchase i s ------—* Government shall have the right, without Proposals, Modifications of Proposals, percent of the estimated quantities shown prior notice to the. Contractor, notwithstand­ and Withdrawals of Proposals clauses opposite each destination. In the event an ing Article 5 of Standard Form 32 to: (1) Re­ are set forth in §§ 1-2.201 and 1-3.802 award is made to an offeror for the same ject the shipment; or (2) perform the re­ respectively. They are included in stock item for delivery to two or more desti­ quired markings by use of Government per­ nations, the Government’s obligation shall GSA Form 1424, GSA Supplemental be considered to be fulfilled whenever the sonnel and charge the Contractor therefor Provisions. at a raté of $11 per man-hour for the first total guaranteed minimum quantity for the or fractional hour and $6 for any succeeding 23. Section 5A-7.170-1 is renumbered stock item awarded to such offeror has been or fractional hour; or (3) have the marking as follows: purchased. performed by an independent Contractor and The Contractor shall, forty-five (45) to charge the Contractor therefor at the above § 5A—7.103—71 Special discount terms. thirty'(30) days prior to the expiration date of the contract and again within ten (10) rates, in connection with any prompt pay­ ***** ment discounts offered, time will be com­ days following the expiration date of the puted from the date of completion of such 24. Section 5A-7.170-2 is renumbered contract, notify the Contracting Officer by remarking services. as follow s: letter of any unordered “Guaranteed Mini­ mum Quantity.” The Contractor shall be 16. Section 5A-7.101-76 is renumbered§ 5A—7.103—72 Preproduction samples. responsible for timely receipt by the Con­ and amended as follows: ***** tracting Officer of such letters. Failure to notify the Contracting Officer within the § 5A—7.102—76 Preservation, packaging, 25. Section 5A-7.170-3 is renumbered prescribed times shall relieve the Govern­ and packing. as follows: ment of its obligation to order; however, if § 5A—7.103—73 Price escalation. the Government elects to issue orders for the The following clause (included in GSA entire balance or any portion thereof, the Form 1424) shall be included in all solic­ * . * * * * Contractor will be obligated to furnish such itations: 26. Section 5A-7.17Q-4 Is renumbered quantities. The Government reserves the right to defer placing orders for any un- * * * * * as follows:

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29470 RULES AND REGULATIONS

ordered “Guaranteed Minimum Quantity” 35. Section 5A-7.170-13 is renumbered PART I----POST-CONSUMER WASTES for sixty (60) days following the expiration as follows: date of the contract. (i) Paper, paperboard, and fibrous wastes § 5A—7.103—83 Brand names. from factories, retail stores, office buildings, •Enter percentage to be designated. Not to homes, etc., after they have passed through exceed 50 percent unless authorized by the ♦ * * * * their end-usage as a consumer item, includ­ Director, National Buying Center Division, . 36. Section 5A-7.170-I4 is renumbered ing used corrugated boxes, old newspapers, or appropriate Directors of regional Procure­ and revised as follows : old magazines, mixed waste paper, tabulating ment Divisions. cards, and used cordage. ♦ * * * § 5A—7.103—84 Hazardous substances. (ii) All paper, paperboard, , and fibrous 33. Section 5A-7.170-11 is renumbered The following clause (included in GSA wastes that enter and are collected from and amended as follows: Form 1424) shall be included in all con­ municipal solid waste. tracts that provide for packaged items PART H ----MANUFACTURING, FOREST RESIDUES, § 5A—7.103—81 Option to increase quan­ AND OTHER WASTES. tities. subject to the Federal Hazardous Sub­ stances Labeling Act and to Federal (i) Dry paper and paperboard waste gener­ * * * * * Standard 313, as amended. ated after completion of the papermaking (b) The right to exercise this option shall process (i.e. those manufacturing operations not extend for a period of more than— * * Hazardous Substances up to and including thé cutting and trim­ days beyond the date of initial award. De­ (a) FEDERAL HAZARDOUS SUBSTANCES ming of the paper machine reel into smaller livery of any additional quantities ordered LABELING ACT—If the packaged items to rolls or rough sheets) including envelope cut­ pursuant to this clause shall be made within be delivered under this contract are of a tings, bindery trimmings, and other paper the same number of days after receipt of no­ hazardous substance and ordinarily are in­ and paperboard waste, resulting from print-- tice of increase as provided for delivery of tended or considered to be for use*as a house­ ing, cutting; forming, and other converting the initial contract quantities. hold item, the contract shall be subject to operations; bag, box, and carton manufac­ the Federal Hazardous Substances Labeling turing wastes; and butt rolls, mill wrappers, 34. Section 5A-7.170-12 is renumbered Act, as amended (15 U.S.C. 1261-1274), and and rejected unused stock. and amended as follows: Federal Standard No. 123C, Marking for (ii) Finished paper and paperboard from § 5A—7.103—82 Indefinite delivery type Domestic Shipment (as amended). obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, deal­ contracts. (b) DATA SUBMISSION REQUIREMENT— Contractors must furnish "material safety ers, printers, converters, or others. Except as otherwise provided in data” as required by paragraphs S7.4 and (iii) Fibrous by-products of harvesting, § 5A-72.606(b) which applies to con­ S20.14 of Federal Standard 313, Symbols for manufacturing, extractive, or woodcutting tracts containing a standby-stock pro­ Packages and Containers For Hazardous In­ processes, flax straw, linters, bagasse, slash, dustrial Chemicals and Materials, (as and other forest residues. vision, each indefinite delivery type con­ (iv) Wastes generated by the conversion tract for stock items (see § 5A-72.105) amended), (incorporated by reference in Federal Standard 123C, as amended). of goods made from fibrous material, i.e. shall contain one of the following clauses waste rope from cordage manufacture, tex­ to set forth the scope of the contract. 37. Section 5A-7.103-85 is added astile mill waste, and cuttings. (b) '* * • follow s: , (v) Fibers recovered from waste water which otherwise would enter the waste * * * * * § 5A—7.103—85 Program to promote use stream. o f recycled material. Scope of Contract (b) The following provision shall be This contract provides for the normal sup­ (a) The following provision (includedincluded in solicitations to activate the ply requirements of the General Services Ad­ in GSA Form 1424) is applicable to those clause in (a), above. ministration supply distribution facilities as solicitations covering products which are identified herein during the period from ------packaged in fiberboard containers. P rogram T o Promote Use of R ecycled t o ------. The General Services Administration Material Program to Promote Use of R ecycled is obligated, except in exigencies or as may Clause 50 of GSA Form 1424 sets forth the Material be otherwise provided herein, to purchase Government’s desire that fiberboard boxes hereunder such quantities as may be needed (Applicable when Specified in the which are used for items that the Govern­ from time to time to fill any such supply Solicitation) ment purchases be made of recycled materials distribution facilities requirements deter­ GSA is making major efforts in support of to alleviate the solid waste disposal problem. mined in accordance with the currrently ap­ According to that clause, bidders are urged plicable procurement and supply procedures. the President’s program to promote the re­ cycling of post-consumer waste to alleviate to indicate the percentage of reclaimed fibers Except as otherwise provided herein, the Con-, that will be included in the fiberboard boxes. tractor is obligated to deliver hereunder all the solid waste disposal problem. As part of these efforts, GSA is advocating maximum Percentage of reclaimed fibers in relation such quantities as may be so ordered from to total weight of the paper stock. utilization of reclaimed fiber in all types of time to time. Unless guaranteed minimum Part I ______% plus Part I I ______—% quantities are otherwise stipulated herein, fiberboard boxes used for the packing of = T o ta l ______% the quantities shown represent the estimated items which we buy. Industry is encouraged requirements for each item during the con­ to cooperate in this endeavor by complying (c) Information furnished by offerors tract period, are furnished only for informa­ to the fullest extent possible with the ob­ in the spaces provided under the clause, tion of bidders, but shall not be construed to jectives shown below: , in (b), above, shall be recorded in Part (a) The Government desires that fiber- represent any amount which the Govern­ B of the Contract Award Summary ment shall be obligated to purchase under board boxes, (1) have a minimum reclaimed the contract nor relieve the Contractor of fiber content of 35 percent of the total weight format illustrated in § 5A-76.323 and his obligation to fill all orders which may of the paper stock; and (2) that a minimum submitted to the addressee (FMC) stated be placed hereunder. If during the contract of 10% of the total weight of the paper stock on this format. period significant changes in the estimated (10/35ths of the reclaimed fiber content) be 38. Section 5A-7.103-86 is added as quantities occur, the Government will, where of reclaimed fibers from sources listed in Part feasible, notify the Contractor of such I, below, with the balance of reclaimed fibers, follow s: changes. However, such notification is fur­ i.e., 25 percent of the total weight of the § 5A—7.103—86 Requirements for re­ nished exclusively for the Contractor’s infor­ paper stock (25/35ths of the reclaimed fiber cycled matérial for specified paper content) being from sources listed in Part mation and has no bearing on the contrac­ II, below. It is emphasized that the stated products. tual obligations of either party. percentages are minimum goals and, where (a) The following clause shall be in­ practical, every effort should be made to in­ cluded in all solicitations for paper prod­ crease the reclaimed fiber content. The use •Indicate amount. Generally, additional ucts (building materials, office supplies, of reclaimed fibers shall not constitute a quantity should not exceed 25 percent of the packaging supplies, tissue, and miscel­ waiver of any specification requirement. basic quantity. However, in unusual circum­ laneous which must meet the applicable stances, quantities in excess of 25 percent, (b) In order to give the Government an Federal Specification listed in .§ 5A-76.- not to exceed 50 percent, may be indicated indication of current industry utilization of 322. The applicable specification numbers when approved by the Director, National Buy­ reclaimed fibers, bidders are urged to indicate ing Center Division, or appropriate Directors in the spaces provided in the solicitation the and specification titles shall be inserted of regional Procurement Divisions. percentage of reclaimed fiber that will be in the respective blank spaces in para­ ••Indicate period of days not to exceed a included in the fiberboard boxes. graph (a) o f the clause. The applicable maximum of ninety (90) days. (c) Reclaimed fiber sources. . percentage figures (paragraph (b) of the

FEDERAL REGISTER, V O L 38, NO . 205— -THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29471 clause) must be obtained from the Con­ i.e., waste rope from cordage manufac­ § 5A—19.202—6 Bid requirements. sumer and Environmental Programs ture, textile mill waste, and cuttings. * * * * * Staff (PMC), Office of Standards and (v) Fibers recovered from waste water (b) Notice of Shipment. See §§ 5A- Quality Control, for each solicitation re­ which otherwise could miter the waste 7.102-70 (clause 37 of GSA Form 1424) quiring the incorporation o f this pro­ stream. and 5A-16.950-1056 for Notice of Ship­ vision. ' ‘ r - (b) Upon award of contracts for prod­ment clause and form. ucts requiring the use o f reclaimed fibers, requirements for R ecycled Material for * * * • * Specified Paper Products procurement activities shall complete Part A of the Contract Award Summary (d) Guaranteed maximum shipping (a) The following requirement applies to format illustrated in § 5A-76.323 and sub­ weights. When guaranteed maximum all products where compliance with specifi­ mit it to the address (FMC) stated on shipping weights and/or dimensions are cation* — ...... - for* ------is pre­ the format. required for evaluation of freight costs, scribed. The use of reclaimed fibers shall not see § 5A-7.103-89 (clause 38 of GSA Form constitute a waiver of any specification 39. Section 5A-7.101-77 is renumbered 1424). requirements. as follows: (b) Reclaimed fiber content. The products 3. Section 5A-19.202-8 is revised aa identified in paragraph ( a ) , above, shall have § 5 ^ -7 .1 0 3 —87 Availability for inspec­ follow s: a minimum reclaimed fiber content of* tion and testing and delivery. ______percent of the total weight of the * * * * * § 5A—19.202—8 Options in shipment and paper stock. A minimum of* — — ____ per- delivery. cent of the total weight of the paper stock 40. Section 5A-7.101-78 is renumbered gVin.ii be of reclaimed fibers from sources as follows: The clause in § 5A-7.102-2 (Clause 2 listed in Part I, below. The balance of re­ of GSA Form 1424) is an amplification of claimed fibers, i.e .* ------— percent, o f the § 5A—7.103—88 Identification of pro­ Article 2 (Changes) of the General Pro­ total weight of the paper stock shall be from duction point. visions, Standard Form 32, and is pre­ sources listed in Part II, below. * * * * * scribed for use in all Federal Supply (c) Fiber content certification. The per­ Service contracts. centages stated are the Government’s mini­ 41. Section 5A-7.101-82 is renumbered mum requirements. By submission of an of­ and amended as follows: 4. Section 5A-19.301 is amended as fer, offeror certifies compliance with these § 5A—7.103—89 Guaranteed shipping follow s: m inimum requirements. Failure to comply weight and cube. will result in the rejection of the bid on § 5A—19.301 Use o f standard delivery grounds of nonresponsiveness. Bidders are A clause substantially as follows (in­ terms* encouraged, however, to exceed these mini­ cluded in GSA Form 1424) shall be in­ * * ^ * * * mum requirements in the performance of any cluded in solicitations where guaranteed resultant contract. (b) The use of a standard delivery shipping weights and/or dimensions are term in a solicitation activates clause 36 (d) Reclaimed fiber sources. required for realistic evaluation of o f GSA Form 1424 entitled “ Meaning of freight costs (see § 1.19.202-3).* Where PART I— POST-CONSUMER WASTES Delivery Terms” (see § 5A-7.102-73) guaranteed shipping weight and/or cube which in turn causes the FPR definition (i) Paper, paperboard, and fibrous information is to be furnished by offerors, of the term and related contractor re­ wastes from factories, retail stores, office space for entering such information must sponsibilities shown thereunder to be buildings, homes, etc., after they have be provided in the Schedule. incorporated by reference in the solicita­ passed through their end-usage as a con­ * * * * * tion. sumer item, including used corrugated 42. Section 5A-7.101-83 is renumbered * # ■ * * * / boxes, old newspapers, old magazines, and amended as follows: mixed waste paper, tabulating cards, and used cordage. § 5A—7.103—90 Gratuities. PART 5A—73— FEDERAL SUPPLY (ii) All paper, paperboard, and fibrous The following clause (included in GSA SCHEDULE PROGRAM wastes that enter and are collected from Form 1424) shall be included in all con­ Subpart 5A—73.1— Production and municipal solid waste. tracts under which orders may be placed Maintenance PART n — MANUFACTURING, FOREST RESIDUES, by or for the military departments. 1. Section 5A-73.109-1 is amended as AND OTHER WASTES ♦ * * * * follow s: (i) Dry paper and paperboard waste 43. Section 5A-7.101-84 is renumbered § 5A—73.109—1 Statement o f scope. generated after com pletion o f the paper­ as follows: ***** making process (i.e. those manufactur­ § 5A—7.103—91 Deliveries beyond the (c) Orders from Government contractors ing operations up to and including the contractual period— placing of who may use this contract after being au­ cutting and trimming o f the paper ma­ orders. thorized in writing by a Federal agency in chine reel into smaller rplls or rough * * * * * accordance with 41 CFR 1—5.9 may be ac­ sheets) including envelope cuttings, cepted under the optional use provisions. bindery trimmings, and other paper and 44. Sections 5A-7.104 and 5A-7.104-1 The requirement for written authorizations paperboard waste, resulting from print­ are added as follows: does not apply to purchase orders for security ing, cutting, forming, and other convert­ cabinets which may be purchased in ac­ § 5A—7.104 Additional clauses. cordance with the provisions of FPMR 101— ing operations; bag, box, and carton 26.407-3. manufacturing wastes; and butt rolls, § 5A—7.104—1 Liquidated damages pro­ mill wrappers, and rejected unused stock. visions. 2. Section 5A-73.118 is amended as (ii) Finished paper and paperboard See §§ 1-1.315 and 5A-I.315-2. follow s: from obsolete inventories of paper and § 5A—73.118 Contractor’s report of or­ Paperboard manufacturers, merchants, PART 5A—19— TRANSPORTATION ders received. wholesalers, dealers, printers, converters, or others. Subpart 5A-19.2— Transportation Factors The following clause (included in GSA in the Procurement of Personal Property Form 1424) shall be included in all in­ (in) Fibrous by-products of harvesting, vitations for bids on Federal Supply manufacturing, extractive, or wood-cut- 1. Section 5A-19.202-2 is revised as Schedule items. The clause requires con­ nng processes, flax straw, linters, ba­ follow s: tractors to submit monthly reports of all gasse, slash and other forest residues. § 5A—19.202—2 Packing and marking. orders placed against Schedule contracts (iv) Wastes generated by the conver­ by Government activities or authorized sion of goods made from fibrous material, See §§ 5A-7.102-75, 5A-7.102-76, and 5A—7.102—77 (clauses 31, 29, and 33, re­ cost-reimbursement-type contractors. spectively, of GSA Form 1424). A n y exception to this requirement must ♦Make appropriate entries. If space is in­ sufficient make entries below the end of pro­ 2. Section 5A-19.202-6 is amended as be approved in advance by the Assistant vision or on separate sheet (s ). follow s: Commissioner for Procurement.

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29472 RULES AND REGULATIONS

R eport of Orders R eceived Board, held in Washington, D.C., on the deer with firearms shall be in accordance (Applicable to (1) all Federal Supply 17th day of October 1973. with all applicable State and Federal Schedule contracts, and (2) other contracts Upon further consideration of Service regulations subject to the following spe­ where expressly made applicable by the solici­ Order No. 1100 (37 FR 12324; 38 FR 878, cial conditions: tation.) 14754, and 22625), and good cause ap­ Deer of either sex may be taken Contractors shall furnish, on or before the pearing therefor: throughout the period of the hunt on the 15th day of each month, a report of all orders (from Government agencies and Gov­ It is ordered, That § 1033.1100 Service refuge. Four hundred hunter permittees ernment Contractors) received during the Order No. 1100-A (Union Pacific Rail­ will be randomly selected for the special preceding month, by dollar value, on each road Company authorized to operate over hunt from applications for Great Swamp item or sub-item upon which an award is tracks of Agricultural Products Corpora­ received by the New Jersey Division of received. Negative reports are required for tion between Epco, Caribou County, Fish, Game and Shellfisheries. Only one each month in which no orders are received. Idaho, and Dry Valley, Caribou County, hundred fifty hunters will be allowed to The report shall be made on GSA Form 72, hunt on any given day during the hunt Contractor’s Report of Orders Received, and Idaho) be, and it is hereby, vacated and forwarded to the General Services Adminis­ set aside. period. Special armbands and parking tration at the address overprinted on the (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, area permits „will be issued and must be form. The right is specifically reserved to the 384, as amended (49 U.S.C. 1, 12, 15, and displayed as designated. Armbands and Government to inspect without further no­ 17(2)). Interprets or applies Secs. 1(10-17), permits must be surrendered prior to de­ tice such records of the Contractor as pertain 15(4), and 17(2), 40 Stat. 101, as amended, parture from the refuge. All deer taken to sales under any contract resulting from 54 Stat. 911 (49 U.S.C. 1(10-17), 15(4), and must be checked out at the refuge check this invitation. Failure or refusal to furnish 1 7 (2 )).) station. Vehicles are restricted to public the required reports, or falsification thereof, roads and areas designated by parking shall constitute sufficient cause for terminat­ It is further ordered, That this order ing the contract for default in accordance shall become effective at 12:01 a.m., Oc­ permits. with the provisions of Article 11 of Standard tober 18, 1973; that copies of this order All shotguns and loads used in the hunt Form 32. and direction shall be served upon the must be certified by New Jersey Division of Fish, Game and Shellfisheries enforce­ (a) It is expected that, in some in­Association of American Railroads, Car Service Division, as agent of the rail­ ment personnel prior to the refuge hunt. stances, this reporting requirement will Target practice or test firing is not per­ be a hardship on contractors, and may roads subscribing to the car service and car hire agreement under the terms of mitted, and guns must be unloaded when result in higher prices or refusal to bid, in areas posted as “closed”. Baiting or particularly when a large number of dis­ that agreement, and upon the American Short Line Railroad Association; and hunting with the aid of bait is prohibited. tribution points for numerous items is Other than on the days of the hunt, involved. Such cases shall be brought that notice of this order shall be given to the general public by depositing a copy entry is permitted only on approved Pub­ to the attention of the Director, Federal lic Use Areas as designated by signs. Supply Schedule Management Division, in the Office of the Secretary of the Com­ mission at Washington, D.C., and by The provisions of this special regula­ for determination as to an alternate tion supplement the regulations which method of ascertaining sales volume. filing it with the Director, Office of the Federal Register. govern hunting on wildlife refuge areas * * * * * generally, which are set forth in Title 50, By the Commission, Railroad Service Code of Federal Regulations, Part 32, and Board. PART 5A-76— EXHIBITS are effective through December 20, 1973. [ seal] R obert L. O sw ald, Subpart 5A-76.3— Miscellaneous Exhibits R ichard EL G riffith , Secretary. Regional Director, Bureau of The table of contents for Part 5A-76 Sport Fisheries and Wildlife. is amended by adding the following sec­ [FR Doc.73-22707 Filed 10-24-73:8:45 am] tions to Subpart 5A-76.3. O ctober 15,1973.- Title 50— Wildlife and Fisheries Sec. [FR Doc.73-22593 Filed 10-24-73:8:45 am] 5A-76.322 List of specifications lor paper CHAPTER I— BUREAU OF SPORT FISH­ products which require use of ERIES AND WILDLIFE, FISH AND WILD­ recycled materials. LIFE SERVICE, DEPARTMENT OF THE PART 32— HUNTING 5A-76.323 Contract Award Summary (Re­ INTERIOR Certain National Wildlife Refuges in claimed Fiber Content). PART 32— HUNTING Oregon; Correction Note.—Revised GSA Form 1424, GSA Sup­ Great Swamp National Wildlife Refuge, In the F ederal R egister, Volume 38, plemental Provisions, illustrated in § 5A— New Jersey Number 179, dated Monday, Septem­ 16.950-1424 and the exhibits identified in ber 17, 1973, page 25993, Special Condi­ this Subpart 5A-76.3 are filed as part of the The following special regulation is is­ tion under Malheur National Wildlife original document. sued and is effective on December 10, Refuge should be deleted. (Sec. 205(c), 63 Stat. 390 (40 U.S.C. 4 8 6 (c)); 1973. 41 CFR 5-1.101 (c ).) R . K ahler M artinson, § 32.32 Special regulations; big game; Regional D irector, Bureau of Effective date.—These regulations are for individual wildlife refuge areas. Sport Fisheries and Wildlife. effective on November 26, 1973. New J ersey O ctober 15, 1973. Dated September 26, 1973. GREAT SWAMP NATIONAL WILDLIFE [FR Doc.73-22708 Filed 10-24-73:8:45 am] M. J. T imbers, REFUGE Commissioner, Public hunting of deer of either sex Title 7— Agriculture Federal Supply Service. with shotguns on the Great Swamp Na­ CHAPTER VIII— AGRICULTURAL STABILI­ [FR Doc.73-22710 Filed 10-24r-73;8:45 am] tional Wildlife Refuge, New Jersey, is ZATION AND CONSERVATION SERVICE permitted, except on areas designated by (SUGAR), DEPARTMENT OF AGRICUL­ Title 49— Transportation signs as closed, during the period of De­ cember 11, 1973, to December 15, 1973, TURE CHAPTER X— INTERSTATE COMMERCE inclusive, and during the New Jersey SUBCHAPTER I— DETERMINATION OF PRICES COMMISSION special one-day either sex deer season on [Docket No. SH-317] SUBCHAPTER A— GENERAL RULES AND December 19,1973. The open Deer Hunt­ dadt o n a __ cu c A D ra N F- LOUISIANA REGULATIONS ing Areas are delineated on maps avail­ [S.O. 1100-A] able at refuge headquarters, RD 1, Box Fair and Reasonable Prices for 1973 Crop PART 1033— CAR SERVICE 148, Basking Ridge, New Jersey 07920, The Sugar Act requires producers who and from the Regional Director, Bureau also process sugarcane grown by other Union Pacific Railroad Co. of Sport Fisheries and Wildlife, John W. producers to pay prices determined by At a session of the Interstate Com­ McCormack Post Office and Courthouse, merce Commission, Railroad Service Boston, Massachusetts 02109. Hunting of the Secretary of Agriculture to be fair

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29473 and reasonable as one of the conditions § 874.33 General requirements. (g) “Trash” means green or dried for receiving Sugar Act payments on A producer of sugarcane in Louisiana leaves, sugarcane tops, dirt, and all other their own production. who is also a processor of sugarcane, to extraneous material delivered with Such determination may not be made which this part applies as provided in sugarcane. until after investigation and oppor­ § 874.42 (herein referred to as “ proc­ (h) “Standard sugarcane” means net tunity for interested persons to testify essor” ) , shall have paid or contracted to sugarcane, containing 12 percent sucrose on the fair and reasonable prices to be pay for sugarcane of the 1973 crop grown in the normal juice with a purity of at paid under either purchase or toll agree­ least 76.00 but not more than 76.49 by other producers and processed by him, percent. * ments. A public hearing was held in or shall have processed sugarcane of Houma, Louisiana, on June 5, 1973. other processors under a toll agreement, (i) . “Salvage sugarcane” means any The determination, which is applica­ in accordance with the following sugarcane containing either less than 9.5 ble to the 1973 crop of Louisiana sugar­ requirements. percent sucrose in the normal juice or cane, continues most of the basic provi­ less than 68 purity in the normal juice. sions of thè 1972 crop determination. § 874.34 Definitions. (j) “Percent sucrose in normal juice” Changes include minor revisions in the f For the purpose of this part, the term: means average percent sucrose in sample beginning and ending dates of the pric­ (a) “Price of raw sugar” means the mill juice obtained from producers’ ing periods of raw sugar and blackstrap price of 96° raw sugar quoted by the sugarcane multiplied by a factor repre­ molasses used by processors in making Louisiana Sugar Exchange, Inc., except senting the ratio of factory normal juice settlement with producers for sugar­ that if the Director of the Sugar Divi­ sucrose to the average percent sucrose in cane; adjustments in area freight differ­ sion, Agricultural Stabilization and Con­ sample mill juice extracted from pro­ entials to reflect current freight rates on servation Service, U.S. Department of ducers’ sugarcane. raw sugar; and an increase in the maxi­ Agriculture, Washington, D.C. 20250, de­ (k) “Average percent sucrose in sam­ mum fee which processors may charge termines that such price does not reflect ple mill juice” means the percentage of producers for processing sugarcane the true market value of raw sugar, be­ sucrose solids in juice extracted from which has been damaged by a general samples of producers’ sugarcane by the cause of inadequate volume, failure to sample bill. freeze. ' report sales in accordance with the rules Changes have also been made in the of such Exchange or other factors, he (l) “Factory crusher juice Brix” means 1973 crop determination which have the may designate the price to be effective the percentage of soluble solids in un­ effect of allowing cooperative processors under this determination, which he de­ diluted mill crusher juice as determined to make deductions from the price paid by direct analysis in accordance with termines will reflect the true market standard procedures. to nonmember producers under certain value of raw sugar. (m) “Factory normal juice sucrose” circumstances, and of permitting proc­ (b) “Price of blackstrap molasses” essors and producers to negotiate the means the percentage of sucrose in un­ means the price per gallon of blackstrap diluted juice extracted by a mill tandem, costs which each will bear for transport­ molasses quoted by the Louisiana Sugar ing the producers’ sugarcane to the mill. or by a mill tandem and a diffuser, as Exchange, Inc., except that if the Direc­ determined by multiplying factory dilute Both provisions are subject to the ap­ tor of the Sugar Division determines that proval of the Louisiana State Agricul­ juice purity byfactory normal juice Brix. such price does not reflect the true mar­ (n) “Factory normal juice Brix” means tural Stabilization and Conservation ket value of blackstrap molasses, because Committee. the percentage of soluble solids in the of inadequate volume, failure to report undiluted juice extracted from sugar­ The changes in the determination are sales in accordance with the rules of such not expected to significantly alter the cane by a mill tandem, or by a mill tan­ exchange or other factors, he may desig­ dem and a diffuser, as determined by rate at Which producers and processors nate the price to be effective under this share in the returns from sugar and multiplying factory crusher juice Brix determination, which he determines will by a dry milling factor representing the molasses. reflect the true market value of black­ Pursuant to the provisions of section ratio of factory normal juice Brix to fac­ strap molasses. tory crusher juice Brix. 301(c)(2) of the Sugar Act of 1948 (7 (c) “Weekly average price” means the U.S.C. 1131(C) (1), as amended (herein (o) “Factory dilute juice purity” means simple average of the daily prices of raw ratio of factory dilute juice sucrose to referred to as “act” ), after investigation sugar or blackstrap molasses, for the and due consideration of the evidence factory dilute juice Brix which are de­ week (Friday through the following termined by direct analysis. presented at the public hearing held in Thursday) in which the sugarcane is Houma, Louisiana, on June 5, 1973, the (p) “Percent purity of normal juice” delivered. means the ratio which the percentage of following determination is hereby issued. (d) “Season’s average price” means The regulations previously appearing sucrose solids bears to the percentage the simple average of the weekly prices of Brix solids in the normal juice of each in these sections under “ Determination of raw sugar or of blackstrap molasses producer’s sugarcane. of Prices; Sugarcane; Louisiana” re­ for the period October 5, 1973, through (q) “State office” means the Louisiana main in full force and effect as to the April 11,1974. crops to which they were applicable. State Agricultural Stabilization and (e) “Delivered average price” means Conservation Service Office, 3737 Gov­ Sec. the weighted average price of 1973-crop ernment Street, Alexandria, La. 71303. 874.33 General requirements. raw sugar determined by weighting: (1) (r) “State committee” means the 874.34 Definitions. The simple average of the daily prices 874.35 Basic Price.- Louisiana State Agricultural Stabiliza­ of raw sugar for the period October 5, tion and Conservation Committee. 874.36 Conversion of net sugarcane to stand­ 1973, through December 31, 1973, by the ard sugarcane. § 874.35 Basic price. 874.37 Payment for frozen sugarcane. quantity of 1973-crop sugar, raw value, 874.38 Molasses payment. marketed under the processors’ 1973 (a) The basic price for standard 874.39 Hoisting, weighing, and transporta­ marketing allotment; and (2) the sim­ sugarcane shall be not less than $1.05 tion. ple average of the daily prices of raw per ton for each 1-cent per pound of 874.40 Mutual plan for improving harvest­ sugar for the period January 1, 1974, raw sugar determined on the basis of ing and delivery. through February 21,1974, by the quan­ 874.41 Toll agreements. the weekly average price, the season’s 874.42 Applicability. tity of 1973-crop- sugar, raw value, not average price, or the delivered average 874.43 Subterfuge. marketed in 1973 under the processors’ price as elected by the processor in 874.44 Processor mill procedures and check­ 1973 marketing allotment. writing to the State office not later than ing compliance. (f) “Net sugarcane” means the quan­ October 29, 1973, and the pricing basis «74.45 Reporting requirem ents. tity of sugarcane obtained by deducting elected shall be used for pricing all Authority.— Secs. 301, 403, 61 Stat. 929, as the weight of trash from the gross weight 1973-crop sugarcane. The average price »mended, 932; (7 U.S.C. 1131,1153). of sugarcane as delivered by a producer. of raw sugar as determined above shall

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29474 RULES AND REGULATIONS

be increased 0.02 cent for all mills lo­ (c) Notwithstanding subparagraphsPercent sucrose In Standard sugarcane cated in Freight Area (A); may be de­ (a) and (b) of this section, a coopera­ normal juice: quality factor i creased 0.02 cent in Freight Area (B ); tive processor and its nonmember pro­ 9.5 and may be decreased 0.05 cent in ducers may agree upon a reasonable de­ 10.0 ______.70 Freight Area (C) ,x duction for a reasonable number of years 10.5 ______80 (b) The basic price for salvage sugar­from the basic price paid to nonmembers cane shall be determined in accordance for standard sugarcane in cases where 115 . .95 with the method of settlement used by the parties have entered into uniform 12.0 ______. 1.00 the processor for the 1972 crop, except marketing agreements whereby the co­ 12.5 ______. 1.05 that the processor and producer may operative guarantees the acceptance and 13.0 ______. 1.10 agree upon a different method of settle­ processing of specified quantities of non- 13.5 ______. 1.15 ment subject to written approval by the members’ sugarcane for a period of not 14.0 . 1.20 State office upon a determination by the less than 10 years, any such agreement 14.5 ______. 1.25 State committee that the method of set­ to be approved in writing by the State tlement and the resultant price are fair office upon a determination by the State 1 The quality factor for sugarcane of inter­ and reasonable. committee that the agreement is fair mediate percentages of sucrose in normal and reasonable. juice shall be Interpolated and for sugar­ cane having more than 14.5 percent sucrose 1 Freight Area (A) includes all mills ex­ § 874.36 Conversion o f net sugarcane to In the normal juice shall be computed in cept those located In Areas (B) and (C) v standard sugarcane. below; proportion to the immediately preceding Freight Area (B) Includes all mills lo­ Net sugarcane (except salvage sugar­ interval, cated north of Bayou Ooula between the cane) shall be converted to standard and, Atchafalaya and Mississippi Rivers and sugarcane as follows: southeast of New Iberia and west of the (a) By multiplying the quantity of (b) By multiplying the quantity de­ Atchafalaya River. net sugarcane delivered by each producer termined pursuant to paragraph (a) of Freight Area (C) includes all mills lo­ this section by the applicable purity fac­ cated north and west ■ of New Iberia west by the applicable quality factor in ac­ o f the Atchafalaya River. cordance with the following table: tor in the following table:

Standard Sugarcane P urity F actor »

Percent sucrose in normal juice 1 Percent purity of normal juice At least 9.60 9.70 9.90 10.10 10.30 10.50 11.00 11.60 12.00 12.50 13.00 13.50 14.00 14.50 15.00 15.50 i At least But not But not more 9.89 10.09 10.29 10.49 10.99 11.« U.99 12.« 12.99 13.« 13.99 14.49 14.99 15.49 15.99 more than than 9.69

0.880 0.873 « 8.00 68.24 1.000 0.989 0.978 0.967 0.956 0.945 0.936 0.929 0.922 a 915 0.906 0.901 0.894 0.887 «8.25 68.49 1.005 ,993 .962 .971 .960 .949 .941 .934 .927 .920 .913 .906 .899 .892 .885 ,878 68.50 68.74 1.010 .998 .987 .976 .965 .954 .945 .938 .931 .924 .917 .910 .904 .897 .890 68.75 68.99 1.016 1.003 .992 .981 .970 .959 .950 .943 .936 .929 .922 .915 .909 .902 .896 .890 .975 .964 .955 .948 .941 .934 ,927 .920 .914 .908 .902 .896 69.00 69.49 1.021 1.009 .997 .986 .900 09.60 69.99 1.025 1.013 L001 .990 .979 .96» .960 .953 .945 .938 .931 .924 .918 .912 .906 .965 .958 .950 .943 .936 .929 .923 .917 .911 .906 70.00 70.49 1.030 1.018 1.006 .995 .984 .973 •909 70.60 70.99 1.035 1.023 1.011 .999 .988 .977 .969 .962 .954 .947 .9 « w933 .927 .921 .915 1.004 .993 .982 .974 .966 .959 .961 .945 .938 .932 .926 .920 .914 71.00 71.4» 1.0« 1.028 1.016 .918 71.60 71.99 1.046 1.033 1.021 1.009 .998 .987 .978 .970 .963 .965 .949 .942 .936 .930 .924 1.014 1.003 .992 .983 .975 .967 .960 .954 .947 .9 « .934 -.928 .922 72.00 72.49 1.050 1.038 1.026 .932 72.60 72.99 1.056 1.043 1.031 1.019 1.007 .996 .987 .979 .971 .964 .958 .961- .944 .938 .991 .984 .976 .968 .962 .965 .948 .942 .936 73.00 73.49 1.060 1.048 1.036 1.024 1.012 1.000 .934 73.50 73.99 1.065 1.052 1.0« 1.028 1.016 1.004 .995 .988 .980 .972 .966 .969 .952 .946 .9 « 74.00 74.« m__ Vrsv i rw7 1.044 1.032 1.020 1.008 1.000 .992 .984 .977 .970 .963 .966 .960 .944 ***** V y- 1.062 1.049 1.036 1.024 1.012 1.004 .996 .988 .981 .974 .967 .960 .954 .948 .942 74.50 74.99 .962 .946 75.00 75.49 1.054 1.041 1.028 1.016 1.008 1.000 .992 .986 .978 .971 .964 .968 ~~~ 1.046 1.033 1.020 1.011 1.004 .996 .988 .981 .974 .967 .961 .965 .949 75.50 75.99 1.059 .969 ,963 76.00 76.49 -n-TT ■ _____ - 1.051 1.038 1.025 1.015 1.008 1.000 .992 .986 .978 .971 .966 11 “ " — - 1,054 1.041 1.028 1.019 LOll 1.004 .996 .989 .981 .976 .969 .963 .967 76.60 76.99 .967 77.00 77.49 1.045 1.032 1.023 1.015 1.008 1.000 .993 .985 .979 .973 ’****u?mmm~ 1.049 1.035 1.027 1.019 1.011 1.003 .996 .989 .982 .976 .970 •964 77.50 77.99 1.1 i" .980 .974 .968 78.00 78.49 ■ trh---■i— _ . - 1.039 1.031 1.023 1.016 1.007 1.000 .993 .986 1.042 1.036 1.026 1.018 1.010 1.003 .996 .989 .983 .977 •971 78.50 78.99 ---- »...nK— .r .987 .981 .975 79.00 79.49 1.039 1.030 1.022 1.014 1.007 1.000 .993 ------1.043 1.033 1.025 1.017 1.010 1.003- .996 .990 .984 •978 79.60 79.99 mmmm+m-rnm T' .994 .988 .982 80.00 80.« — 1.037 1.029 1.021 1.014 1.007 1.000 ------1.0« 1.032 1.024 1.017 1.010 1.003 .997 .991 .986 80.50 80.99 .994 81.49 1.036 1.028 1.021 1.014 1.006 1.000 81.00 1.039 1.032 1.024 1.017 1.009 1.003 .097 81.60 81.99 1.036 1.027 1.020 1.013 1.007 1.000 82.00 82.49 1 010 1.010 1.004 .998 82.50 82.99 1.033 1.027 l!oi9 1.013 1.007 1.000 83.00 83.49 ...... - *uwr- 1.036 1.030 1.022 1.016 1.010 83.50 83.99 - 1.033 1.026 1.019 1.013 84.00 84.49 1.022 1.016 84.50 84.99 ------1.028

1 Factors applicable to higher or lower sucrose and purity of normal Juice than shown in this table shall be determined by the same method of calculation used to comp the factors specified and shall be furnished by the State Office Upon request.

§ 874.37 Payment for frozen sugarcane. 4.75 cc. (intervening fractions are to be ten approval by the State office: Pro­ computed to the nearest multiple of vided, That the payment for each ton (a) The payment for sugarcane deter­ 0.05 cc.). No payment is required for the of net sugarcane shall be not less than mined pursuant to § 874.36 may be re­ amount of sugar recoverable from sugar­ an amount equal to the total returns duced upon certification by the State cane testing in excess of 4.75 cc. of from raw sugar and molasses actually office that sugarcane has been damaged acidity. recovered from such sugarcane, deter­ by freeze and that the processing of (b) In the event a general freeze causes mined on the basis of the season’s aver­ such sugarcane has adversely affected abnormally low recoveries of raw sugar age prices of raw sugar and blackstrap boiling house operations. Deductions by a processor in relation to the sucrose molasses less an amount not to exceed from the payment for such frozen sugar­ and purity tests of sugarcane, payment $3.90 per gross ton o f sugarcane for proc­ cane shall be at rates not in excess of essing and less the actual costs of hoist­ 1.5 percent o f the payment for each 0.1 for such sugarcane may be made as mu­ cc. of acidity above 2.50 cc. of N/10 alkali tually agreed upon between the pro­ ing, weighing, and transporting of such per 10 cc. of juice but not in excess of ducer and the processor subject to writ­ sugarcane. •

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 RULES AND REGULATIONS 29475 records of the original data complied for § 874.38 Molasses payment. § 874.40 Mutual plan for improving harvesting and delivery. the reports required by Handbook 8-SU. The processor shall pay an amount S tatement of B ases and equal to the product of 6.8 gallons times If a processor and the producers de­ C onsiderations one-half of the average price per gal­ livering sugarcane to such processor lon of blackstrap molasses in excess of mutually agree upon a plan for improv- G eneral.—The foregoing determina­ 6 cents for each ton of net sugarcane -ing harvesting and delivery operations, tion establishes the fair and reasonable processed except for: (a) Salvage the processor may deduct from the price price requirements which must be met, sugarcane where settlement is based on per ton of sugarcane an amount equal as one of the conditions for payment un­ the so-called “Java Formula”; (b> to one-half of the per ton cost of such der the act, by a producer who processes frozen sugarcane testing in excess of plan. Such deduction may not be made sugarcane of the 1973 crop grown by 4.75 cc. of acidity; and (c) sugarcane until the plan has the written approval other producers. damaged by a general freeze which is of the State office and it has been deter­ Requirements of the act.—Section 301 tolled by the processor and settlement mined by the State committee that the (c) (2) of the act provides as a condition is based on the net proceeds from sugar plan is fair and reasonable. for payment, that the producer on the and molasses recovered from such cane. § 874.41 Toll agreements. farm who is also, directly or indirectly a The average price of blackstrap mo­ processor of sugarcane, as may be deter­ The rate for processing sugarcane mined by the Secretary, shall have paid lasses shall be the weekly average price produced by a processor and processed or the season’s average price as elected or contracted to pay under either pur­ under a toll agreement by another proc­ chase or toll agreements, for sugarcane by the processor in writing to the State essor shall be the rate they agree upon. office not later than October 29, 1973, grown by other producers and processed and the pricing basis elected shall be § 874.42 Applicability. by him at rates not less than those that used in making molasses payments for The requirements of this part are ap­ may be determined by the Secretary to 1973-crop sugarcane. be fair and reasonable after investiga­ plicable to all sugarcane purchased tion and due notice and opportunity for from other producers and processed by § 874.39 Hoisting, weighing, and trans­ public hearing. portation. a processor who produces sugarcane (a 1973-crop price determination.—This (a) The price for sugarcane estab­ processor-producer is defined in 7 CFR determination differs from the 1972 crop lished by this part shall be applicable 821.1); and to sugarcane purchased by determination in the following respects: to sugarcane delivered by the producer a cooperative processor from nonmem­ (1) The period for determining the sea­ (1) to a hoist for loading into the con­ bers. The requirements are not appli­ son’s average prices of raw sugar and veyance for transportation to the mill, cable to sugarcane processed by a blackstrap molasses is from October 5, or (2) from the farm directly to the cooperative processor for its members. 1973, through April 11, 1974; (2) the mill. Except as provided in paragraph § 874.43 Subterfuge. periods for determining the delivered (b), with respect to sugarcane delivered The processor shall not reduce the average price of raw sugar are from Oc­ to a hoist, the costs of hoisting, weigh­ returns to the producer below those de­ tober 5, 1973, through December 31,1973, ing, and transporting sugarcane from termined in accordance with the re­ for 1973-crop sugar, raw value, marketed the hoist to the mill shall be borne by quirements of this part through any under the 1973 quota, and from Janu­ the processor. If the producer performs subterfuge or device whatsoever. ary 1, 1974, through February 21, 1974, such services the processor shall make for 1973-crop sugar, raw value, not mar­ allowance to the producer, based on net § 874.44 Processor mill procedures and keted under the 1973 quota; (3) area sugarcane, at per ton rates not less than checking compliance. freight differentials are adjusted to re­ those made with respect to sugarcane The procedures to be followed by proc­ flect an increase in freight rates on raw of the 1972 crop: Provided, That the essors in determining net sugarcane, sugar; (4) the maximum charge for proc­ processor shall not be required to make trash, average percent sucrose in normal essing sugarcane which has been dam­ hauling allowances to producers in ex­ juice, average percent crusher juice aged by, a general freeze is increased from cess of the rates charged by a contract sucrose, factory normal juice sucrose, $3.40 per gross ton o f sugarcane to $3.90 or commercial carrier or the rates factory crusher juice sucrose, percent per gross ton; (5) a cooperative proces­ which such carrier would have charged purity of normal juice; and other related sor may make a deduction from the price for performing such services. Except as mill procedures and required reports are paid to nonmember producers under cer­ provided in paragraph (b), with'respect set forth in ASCS Handbook 8-SU en­ tain circumstances, subject to State com­ to sugarcane delivered directly from the titled “Sampling, Testing, and Report­ mittee approval; and (6) processors and farm to the mill the processor shall bear ing for Louisiana Sugar Processors”, producers are permitted to negotiate the the cost of transportation. If the pro­ copies of which have been furnished each costs which each will bear for transport­ ducer performs such services the proc­ processor. The procedures to be followed ing the producers’ sugarcane to the mill, essor shall make allowance to the pro­ by the State office in checking compli­ subject to State committee approval. ducer, based on net sugarcane, at per ance with the requirements of this part At the public hearing held in Houma, ton rates not less than those made with are set forth under the heading “Fair Louisiana, on June 5, 1973, interested respect to the 1972 crop. The processor Price Compliance” in Handbook 3-SU, is­ persons were afforded the opportunity shall not be required to make an allow­ sued by the Deputy Administrator, Pro­ to present their views on fair and rea­ ance to the producer for hauling sugar­ grams, Agricultural Stabilization and sonable prices for 1973-crop Louisiana cane directly from the farm to the mill Conservation Service. Handbooks 8-SU sugarcane. Representatives of the Lou­ at rates in excess o f 30 cents per ton and 3-SU may be inspected at county isiana Grower-Processor Committee and for distances of 1 mile or less, 40 cents ASCS offices and copies may be obtained the Louisiana Farm Bureau Federation per ton for distances of 1.1 to 2 miles, from the Louisiana State ASCS Office, recommended that the same three bases plus 5 cents per ton for each mile or 3737 Government Street, Alexandria, LA of settlement for sugarcane provided in fraction thereof in excess of 2 miles. 71303. the 1972 determination be continued for the 1973 crop; that the period for deter­ (b) Nothing in this section shall be § 874.45 Reporting requirements. construed as prohibiting negotiations mining the season’s average prices of raw between the processor and the*producer The processor shall submit to the State sugar and blackstrap molasses extend from October 5, 1973, through April 11, with reference to transportation costs office no later than May 1, 1974, a state­ 1974; and that the period for determin­ or allowances, any change to be ap­ ment showing the calculation of the aver­ ing the delivered average price of raw proved in writing by the State office age price of raw sugar and blackstrap molasses for the period (s) on which set­ sugar extend from October 5, 1973, upon a determination by the State com­ through December 31,1973, for 1973-crop mittee that the change is fair and tlement is based. The processor shall sugar marketed under the processor’s reasonable. maintain on file for a period of 5 years

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205------4 29476 RULES AND REGULATIONS

1973 marketing allotment, and from In a supplemental brief submitted other relevant factors. Analysis of these January 1, 1974, through February 21, subsequent to the hearing, an inde­ data indicates that the provisions of this 1974, for 1973-crop sugar not marketed pendent processor in Louisiana requested determination will provide an equitable under the processor’s 1973 marketing al­ that payment of cane transportation sharing o f total returns between pro­ lotment. The witnesses further recom­ costs be subject to negotiation between ducers and processors based on their mended that no change be made in the producers and processors of sugarcane, sharing of total costs. standard sugarcane purity factors; that regardless of who arranges or provides The time periods recommended by the the maximum rate allowed for processing, transportation services. The processor Louisiana Grower-Processor Committee frozen sugarcane be increased from $3.40 explained that recently they were offered and Farm Bureau Federation for deter­ to $3.90 per gross ton;' and that raw substantial quantities of sugarcane by mining the average prices of raw sugar sugar freight differentials be adjusted to nearby producers which would allow and blackstrap molasses, on which pay­ recognize any increase in rail freight them to pay considerably lower transpor­ ments to producers for 1973-crop sugar­ rates. They also recommended that the tation costs than for some of their cur­ cane are to be based, have been adopted. Department, in its review of the pricing rent, more distant cane suppliers. To It is believed that the alternative pric­ factor, analyze all increases or decreases avoid abandoning old producers’ cane, ing bases for sugarcane settlements with in returns and costs to be certain the the processor and its high-freight-cost producers are equitable and will enable proper sharing relationship between pro­ producers negotiated an agreement processors to relate such settlements to ducers and processors is being whereby the processor would continue to their marketing opportunities. maintained. arrange transportation of and ac­ The Department has adopted the rec­ In a supplémentai brief submitted cept their cane and the producers would ommendation to increase the maximum subsequent to the hearing, a coopera­ pay all freight costs over $1.10 per ton of processing rate for sugarcane which has tive processor in Louisiana requested that cane. However, the transportation provi­ been damaged by freeze from $3.40 per cooperative processors "be permitted sion, as contained in the 1972 price regu­ gross ton of sugarcane to $3.90 per gross under the fair price determination to lations, requires the processor to bear all ton. Since the maximum processing rate make a deduction fronf the price paid to “costs” of transporting producers’ o f $3.40 was set in 1969, there has been producers who are not members of the sugarcane. Only if transportation were, a steady increase in the cost of most cooperative under certain limited cir­ arranged and provided for by the pro­ goods and services. A review of recent cumstances. The cooperative stated that ducer could negotiations be made with Department cost studies showed the rec­ in its particular case, as a condition for regard to “allowances” to be paid by the ommended rate of $3.90 per gross ton to continued financing, the Bank for Co­ processor to the producer for perform­ he justified in view o f current factory operatives in 1972 required members of ing the services. The processor recom­ costs. The Department believes that this the cooperative to personally guarantee mended that negotiations also be al­ increase is necessary to reimburse proc­ a portion of the cooperative’s indebted­ lowed, subject to State committee review, essors for the cost of processing frozen ness to the Bank for certain required with respect to transportation “costs” low quality sugarcane while assuring improvements, and also required each where the processor performs transpor­ producers a market for such cane. member to agree to pay a specified tation services. In support of his recom­ Increases in freight rates on raw sugar amount per ton for several years begin­ mendation, the processor pointed out the were approved by the Louisiana Public ning with the 1972 crop. As a condition economic plight of processors, evidenced Service Commission on June 29, 1973, for further financing this year, the Bank by the closing of more sugarcane process­ subsequent to the public hearing on fair has required the cooperative to obtain ing facilities each year, and urged a less prices. At the hearing the Grower-Proc­ additional quantities of sugarcane for rigid provision on the sharing of trans­ essor Committee recommended that raw processing, subject to a specified deduc­ portation costs to the benefit of both pro­ sugar freight differentials for the three tion per standard ton for a like number ducers and processors. An independent freight areas be adjusted in the 1973 of crop years. The cooperative processor producer submitted a supplemental brief determination to recognize any increase pointed out that its members were un­ which endorses the recommendation pre­ in rail freight rates which might occur able to supply the required additional sented by the processor. This producer prior to issuance o f the determination. tonnage from their operations alone, and stated that he sells his cane to the afore­ Current freight rates average about 4 therefore the cane' had to be obtained mentioned processor, and that he has a percent more than those which became from nonmember producers who were considerable acreage of sugarcane repre­ effective December 31, 1969. Area freight willing to so participate. Uniform mar­ senting a large dollar investment in differentials were last adjusted in the keting agreements entered into by the jeopardy if he cannot find a processor. 1971 price determination to recognize cooperative and nonmember producers He added that the request by the proces­ the 1969 increase in rates. The freight provide that the cooperative will accept sor is not an attempt to use a superior allowances provided in this determina­ and process specified quantities of the bargaining position to force a concession tion reflect the increase in freight rates nonmembers’ sugarcane each year for a from growers but results from an eco­ o f raw sugar and maintain the custom­ term of 10 years, and that the nonmem­ nomic situation arising through condi­ ary differentials heretofore established. bers will agree to a specified deduction in tions beyond anyone’s control. A brief The average rate for Freight Area A the price per ton per year during the was also submitted by the Louisiana when rounded to the nearest cent re­ first several years of the marketing Grower-Processor Committee concurring mains tiie same. Therefore, no change agreement. in the recommendation that where the has been made in the allowance for The Louisiana Grower-Processor Com­ grower and processor negotiate the pro­ Freight Area A. mittee submitted a supplemental brief portion of transportation costs to be paid The recommendation by a cooperative supporting the proposal made by the by each, and the agreement is deter­ processor that cooperatives be allowed to cooperative processor. The Committee mined to be fair and reasonable by the make a deduction from the price paid stated that without a loan from the State committee, such agreement should to nonmember producers under certain Bank for Cooperatives, the cooperative be permissible without distinction as to circumstances has been adopted. It is be­ in question cannot continue operating how the transportation is arranged and lieved that a specified deduction in the and the member and nonmember pro­ who directly pays for it. price paid to producers who are not mem­ ducers now dependent On that coopera­ Consideration has been given to the bers of a cooperative for a limited number tive to accept and process their cane will recommendations presented at the pub­ o f crop years in return for a guaranteed have no market for the cane. The Com­ lic hearing; to data on the returns, costs, home for their cane for a period of at and profits of producing and processing least 10 crop years is fair and reasonable mittee recommended that such a deduc­ sugarcane in Louisiana obtained by re­ in circumstances such as those surround­ tion from the price paid to nonmembers cent field survey and recast in terms of ing tiie particular cooperative’s need for be permitted in such exceptional price and production conditions likely financing. The new provision contained circumstances. to prevail for the 1973 crops; and to in §874.35 o f the price determination

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTQBER 25, T973 RULES AND REGULATIONS 29477 permits a cooperative processor and its hereby ratified and affirmed, except in­ 1. In § 1030.71, the introductory text nonmembers to agree upon a reasonable sofar as such findings and determina­ preceding paragraph (a ), and paragraph deduction for a reasonable number of tions may be in conflict with the find­ (a) are revised as follows: years from the fair price for sugar cane ings and determinations set forth herein. § 1030.71 Compulation of uniform where the nonmember producers have re­ (a) Findings upon the basis of the price. ceived in return assurance that their hearing record.—Pursuant to the provi­ For each month the market adminis­ cane will be processed for a period of not sions of the Agricultural Marketing trator shall compute the uniform price less than 10 years. The agreement be­ Agreement Act o f 1937, as amended (7 per hundredweight of producer milk of tween the cooperative making the re­ U.S.G. 601 et seq.), and the applicable 3.5 percent butterfat content at plants in quest and any other such agreements rules of practice and procedure govern-, Zone I pursuant to paragraphs (a) between cooperative processors and non­ ing the formulation of marketing agree­ through (g) of this section. If the un­ member producers will be subject to ap­ ments and marketing orders (7 CFR reserved cash balance in the producer- proval of the Louisiana State ASC Part 900), a public hearing was held settlement fund to be ’ included in the Committee. upon certain proposed amendments to computation is less than 2 cents per hun­ This determination also adopts the the tentative marketing agreement and dredweight of producer milk on all re­ recommendation made by an independ­ to the order regulating the handling of ports, the report of any handler who has ent processor that the determination be milk in the Chicago Regional marketing not made the payments required pur­ amended to allow negotiations (subject area. suant to § 1030.84 for the preceding to State committee approval) between Upon the basis of the evidence intro­ month shall not be included in the com­ producers and processors with respect to duced at such hearing and the record putation of the uniform price. The re­ the portion to be borne by each party of thereof, it is found that: port of such handler shall not be in­ the costs of transporting sugarcane from cluded in the computation for suceeding (1) The said order as hereby months until he has made full payment a hoist to the mill or the costs of trans­ amended, and all of the terms and con­ porting the cane directly from the farm of outstanding monthly obligations. Sub­ ditions thereof, will tend to effectuate the ject to the aforementioned conditions, to the mill regardless of who arranges or declared policy of the Act; pays for the transportation services. the market administator shall compute (2) The parity prices of milk, as de­ the uniform price in the following man­ While the new provision contained in termined pursuant to section 2 of the Act, § 874.39 will allow more flexibility in pro­ ner: are not reasonable in view of the price of (a) Combine into one total the values ducer-processor negotiations, the result feeds, available supplies of feeds, and of such negotiations must still be ap­ computed pursuant to § 1030.70 for all other economic conditions which affect handlers; proved by the State committee as being market supply and demand for milk in fair and reasonable. ***** the said marketing area, and the mini­ 2. Section 1030.80 is revised as follow s: Processors are required to elect no later mum prices specified in the order as than October 29, 1973, a pricing basis hereby amended, are such prices as will § 1030.80 Time and method of payment for . raw sugar and for blackstrap mo­ reflect the aforesaid factors, insure a for milk. lasses, which must be used in making sufficient quantity of pure and whole­ (a) Each handler shall pay each pro­ 1973-crop payments. The processors some milk, and be in the public interest; ducer for producer milk received from must inform the State office in writing and such producer and for which payment is of the bases elected. (3) The said order as hereby amended, not made to a cooperative association On the basis of an examination of all regulates the handling of milk in the pursuant to paragraph (b) or (c) of this pertinent factors, the provisions of this same manner as, and is applicable only section as follows: determination are deemed to be fair and to persons in the respective classes of (1) On or before the 3rd day after the reasonable. Accordingly, I hereby find industrial or commercial activity speci­ end of each month, to each producer and conclude that the foregoing deter­ fied in, a marketing agreement upon who has not discontinued shipping milk mination will effectuate the price pro­ which a hearing has been held. to such handler before the end of the visions of the Sugar Act o f 1948, as (b) Determinations.—It is hereby de­month; for producer milk received dur­ amended. ing the first 15 days of the month at a termined that; rate per hundredweight not less than the Effective date.—This determination (1) The refusal or failure of handlers shall become effective October 25, 1973, lowest class price under the order for (excluding cooperative association speci­ milk of 3.5 percent butterfat for the and is applicable to the 1973 crop of Lou­ fied in Sec. 8c(9) of the Act) of more isiana sugareane. preceding month, less proper deductions than 50 percent of the ’milk, which is authorized in writing by such producer; Signed at Washington, D.C., on O cto­ marketed within the marketing area, to and ber 17, 1973. sign a proposed marketing agreement, (2) On or before the 18th day after K enneth E' F rick , tends to prevent the effectuation of the the end of each month, for producer Administrator, Agricultural Sta­ declared policy of the Act; milk received during such month, at a bilization and Conservation (2) The issuance of this order, amend­ rate per hundredweight of not less than Service. ing the order, is the only practical means the uniform price adjusted pursuant to [PR Doc.73-22471 Piled 10-24-73;8:45 am] pursuant to the declared policy of the §§ 1030.81, 1030.82, and 1030.87, less any Act of advancing the interests of pro­ payment made pursuant to paragraph ducers as defined in the order as hereby (a) (1) of this section, and any proper CHAPTER X— AGRICULTURAL MARKET­ amended; and deduction authorized in writing by such ING SERVICE (MARKETING AGREE­ (3) The issuance of the order amend­ producer and plus or minus adjustments MENTS AND ORDERS; MILK), DEPART­ ing the order is approved or favored by for errors in previous payments made to MENT OF AGRICULTURE at least two-thirds of the producers who such producer. If by such date the han­ [Milk Order No. 30; Docket No. AO-361-A9] during the determined representative pe­ dler has not received full payment from riod were engaged in the production of the market "administrator pursuant to PART 1030— MILK IN TH E CHICAGO milk for sale in the marketing area. § 1030.85 for such month, he may reduce REGIONAL MARKETING AREA pro rata his payments to producers by Findings and Determinations O rder R elative to H andling not more than the amount of such un­ The findings and determinations here­ It is therefore ordered, That on and derpayment. Payment to producers shall inafter set forth are supplementary and after the effective date hereof, the han­ be completed thereafter not later than dling of milk in the Chicago Regional the date for making payments pursuant in addition to the findings and deter­ to this paragraph next following receipt minations previously made in connec­ marketing area shall be in conformity to of the balance due from the market ad­ tion with the issuance of the aforesaid and in compliance with the terms and ministrator. order and of the previously issued conditions of the aforesaid order, as (b) Payments required in paragraph amendments thereto; and all of the said amended,, and as hereby further (a) of this section shall be made by a Previous findings and determinations are amended, as follows: handler to a cooperative association FEDERAL RlEGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBI R 25, 1973 29478 RULES AND REGULATIONS

qualified under § 1030.5, or its duly au­ fore the 1st day after the end of the (b) Overdue accounts.—Any unpaid thorized agent, for producer milk if the month during which the milk was re­ obligation of a handler pursuant to cooperative association is authorized to ceived at a rate per hundredweight not §§ 1030.60, 1030.61, 1030.84, 1030.87, collect such payments for such producers less than the lowest class price under the 1030.88, or paragraph (a )(1 ) of this and has presented the handler with a order for milk of 3.5 percent butterfat section, shall be increased three-fourths written request for such payments. Pay­ for the preceding month; and of one percent on the 7th day after the ments to the cooperative association (ii) For milk received during the due date each month. pursuant to this paragraph shall be sub­ month, the handler shall pay the co­ (1) The amounts payable pursuant to ject to the condition that the associa­ operative association on or before thè this paragraph shall be computed tion has provided the handler with a 16th day after the end of the month dur­ monthly on each unpaid obligation, written promise to reimburse the handler ing which the milk was received at a which shall include any unpaid interest the amount of any actual loss incurred rate per hundredweight of not less than charges previously computed pursuant by the handler because of any improper the uniform price computed as described to this paragraph; claim on the part of the cooperative under § 1030.71, adjusted for the appli­ (2) For the purpose of this para­ association. The amount of payment cable location and butterfat differen­ graph, any unpaid obligation that is de­ shall be equal to the sum of the individ­ tials and less any payment made pur­ termined at a date later than prescribed ual payments otherwise payable for such suant to paragraph (c) (2) (i) of this by the order because of a handler’s fail­ producer milk and shall be paid by the section. ure to submit a report to the market ad­ handler as follows: (d) In making payments for producerministrator shall be considered to have (1) On or before the 1st day after milk pursuant to paragraphs (a) (2X or been due when it would have been due the end of each month for producer (b) (2) of this section, each handler shall if such report had been submitted at milk received during the first 15 days of furnish each producer or cooperative as­ the proper time; and the month; and sociation to whom such payment is made (3) Payment of any interest obligation (2) On or before the 16th day after a supporting statement in such form computed pursuant to this paragraph the end of each month for milk received that it may be retained by the recipient in amount less than $10 shall be delayed during such month; and which shall show: until the accumulated interest obligation (c) Each handler shall pay a coop­ (1) The month and identity of the of such handler equals or exceeds $10. erative association for milk received by producer; the handler from the cooperative asso­ (2) The daily and total pounds for 4. Section 1030.83 is amended as ciation as follows: each producer (and the average butter­ follow s: (1) In the case of milk received fromfat content for the entire month only) ; § 1030.83 Producer-settlement fund. (3) The minimum rate or rates at a pool plant(s) operated by a coopera­ The market administrator shall main­ tive association: which payment to the producer is re­ tain a separate fund known as the (1) For milk received during the first quired pursuant to this order ; (4) The rate that is used in making “producer-settlement” fund into which 15 days of the month, the handler shall he shall deposit all payments received pay the cooperative association on or the payment if such rate is other than the applicable minimum rate; pursuant to paragraph (a) of this section before the 1st day after the end of the and out of which he shall make all pay­ (5) The amount, or the rate per hun­ month dining which the milk was re­ ments required pursuant to paragraph ceived at a rate peryhundredweight not dredweight, and nature of each deduc­ (b) of this section. tion claimed by the handler; and less than the lowest class price under (a) Payments made by handlers pur­ the order for milk of 3.5 percent butter- (6) The net amount of payment to suant to §§ 1030.60, 1030.61, 1030.84 and fat for the preceding month; and such producer or cooperative association. 1030.86. (ii) For milk received during the 3. Section 1030.86 is revised to read as (b) Payments due handlers pursuant month the handler shall pay the coop­ follows : erative association on or before the 16th to §§ 1030.85 and 1030.86: Provided, That day after the end of the month during § 1030.86 Adjustment of accounts. payments due any handler shall be off­ which the milk was received at a rate (a) Paym ents.—When verification byset by payments due from such handler per hundredweight, not less than the the market administrator of reports or pursuant to §§ 1030.60, 103Q.61, 1030.84, minimum class prices pursuant to payments of any handler discloses errors 1030.86, 1030.87 and 1030.88. § 1030.51 subject to the applicable but- resulting in monies due (1) the market terfat differentials and less any pay­ (Secs. 1-19, 48 Stat. 31, as amended; (7 U.S.C. administrator from such handler, (2) 601-674).) ment made pursuant to paragraph such handler from the market adminis­ (c) (1) (i) of this section; and trator, or (3) any producer or coopera­ Effective date.—December 1,1973. (2) In the case of milk received from tive association from such handler, the Signed a£ Washington, D.C., on Oc­ a cooperative association acting as a market administrator shall promptly no­ tober 17, 1973. handler described under § 1030.13(e) ; tify such handler of any amount so due (i) For milk received during the first and payment thereof shall be made not C layto n Y eutter, 15 days of the month, the handler shall later than the date for making payments Assistant Secretary. pay a cooperative association on or be- next following such disclosure. [FR Doc.73-22583 Filed 10- 23- 73;8:45 am]

FEDERAL REGISTER, VOL. 38, N O . 205— THURSDAY, OCTOBER 25, 1973 29479 Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

method of safeguarding Schedule II d ep a r tm en t o f t h e t r e a s u r y sions made pursuant to this notice must identify their subject matter by reference controlled substances, by placing them Comptroller of the Currency to “ Proposed Revision to I.R. 7.3500.” One in a securely locked, substantially con­ [ 12 CFR Part 7 ] copy of such written submissions will be structed cabinet or drawer has not been available before and for ten days follow­ entirely successful in preventing or cur­ DATA PROCESSING SERVICES ing the closing date for examination by tailing drug thefts from community Proposed Interpretive Rulings Regarding interested persons. pharmacies. Recent studies have in­ Utilization and Furnishing by National The proposed revision would amend dicated a change in the pattern of theft Banks § 7.3500 of Part 7, Chapter I, Title 12 of from pharmacies. Burglaries and armed robberies have increased and the prob­ Notice is hereby given that the Comp­ the Code of Federal Regulations to read as follows: lem of pilferage and shoplifting has de­ troller of the Currency, pursuant to the clined, both in relative and absolute authority contained in R. S. 324, et seq., § 7.3500 Utilization of data processing terms. The requirement that all Sched­ as amended; 12 U.S.C. 1, et seq., as equipment and furnishing of data ule II drugs be held in one location may amended, and in particular, in paragraph processing services. no longer be the most effective protection Seven of R. S. 5136; 12 U.S.C. 24, is A national bank may utilize data proc­ against theft. considering the adoption o f a revision essing equipment and technology to per­ The Drug Enforcement Administration of § 7.3500 of Part 7, an interpretive has undertaken a study of the problems ruling relating to the utilization of data form for itself and others all services ex­ pressly or incidentally authorized under unique to the community pharmacy in processing equipment and furnishing of safeguarding against theft or diversion data processing services by national the statutes applicable to national banks. For, example, as part of its banking busi­ of controlled substances. Upon comple­ banks. tion of this study, the Administration in­ The Comptroller of the Currency ness and incidental thereto, a national bank may collect, transcribe, process, an­ tends to promulgate new security reg­ stated in a notice published in the alyze and store, for itself and others, ulations to deal with these special prob­ Federal R egister *on August 16, 1972 (37 lems. Until the completion of this study, FR 16556), that he was considering a banking, financial, or related economic data. In addition, incidental to its bank­ however, and in light of the increased revision to this ruling. Although the is­ number of products listed in Schedule suance of interpretive rulings by the ing business, a national bank may (a) market excess time on its data processing n , the Administration proposes to per­ Comptroller is not the subject of either mit pharmacies the option of dispersing formal or informal, rule-m aking proce­ equipment so long as the only involve­ ment by the bank is furnishing the facil­ some or all Schedule n controlled sub­ dures (see 5 U.S.C. 553(b) (A)), the ity and necessary operating personnel; stances throughout the stock of noncon- Comptroller invited the views, comments, and 0 » market a byproduct (e.g., pro­ trolled prescription drugs or of using the and suggestions of the banking and data current security system for some or all processing industries as well as other in­ gram, output, etc.) of a permissible data processing activity. of the Schedule n items. The proposed terested persons with respect to whether amendment to § 1301.75 would accom ­ § 7.3500 should be revised to delineate The provision of data processing serv­ plish this purpose. more clearly« the role of national banks, ices by a national bank to others is sub­ Pharmacies are also - encouraged to under the National Bank Act, 12 U.S.C. ject to the prohibitions contained in 12 practice other suitable means of dis­ 1, et seq., in the utilization of data proc­ U.S.C. 1972 concerning tying arrange­ couraging theft and loss. These could in­ essing equipment and the furnishing of ments. In particular, a national bank clude such measures as maintenance of data processing services. In the course may not require any party who is or pro­ m in im a l stocks of controlled substances, of inviting comments and suggestions, poses to be a customer for any service improvement of overall physical security the Comptroller listed a number of con­ or product of the bank to utilize any data in the pharmacy (through the addition siderations which he then believed processing service offered by the bank of adequate alarm systems, improved should be taken into account in a revi­ nor may the bank fix or vary the con­ lighting, tamper-proof locks and closed sion of § 7.3500 but did not lim it com ­ sideration for any extension of credit, circuit television surveillance), and ments or suggestions to the list of specific lease, or sale of property or provision of secure stocks while maintaining smaller considerations mentioned. a service on the condition or requirement quantities for dispensing in daily opera­ In response to the invitation for com­ that a customer utilize a data processing tions. ment, the Comptroller’s Office received service offered by the bank. Therefore, under the authority vested extensive documentary submissions ex­ Dated: October 16, 1973. in the Attorney General by sections 301 pressing the views, comments, and sug- and 501(b) of the Comprehensive Drug gestions of the banking and data proc­ [ seal] J ames E. S m it h , Abuse Prevention and Control Act of essing industries and others and on the Comptroller of the Currency. 1970 (21 U.S.C. 821 and 8 7 1 (b )), and basis of that review and independent [FR Doc.73-22672 Filed 10-24-73; 8:45 am] delegated to the Administrator of the analysis has concluded that § 7.3500 Drug Enforcement Administration by should be modified. § 0.100 of Title 28 of the Code of Federal All persons who desire to submit writ­ DEPARTMENT OF JUSTICE Regulations (see 38 FR 18380, July 2, ten views, comments or suggestions for Drug Enforcement Administration 1973), the Administrator hereby pro­ consideration by the Comptroller in con­ poses that Part 1301 o f Title 21 o f the nection with the proposed revision shall [ 21 CFR Part 1301 ] CFR be amended by revising § 1301.75 nle the same, in triplicate, at the Office SCHEDULE II CONTROLLED SUBSTANCES to read as follow s: of Robert Bloom, Chief Counsel, Office Proposed Physical Security Controls for § 1301.75 Physical security controls for of the Comptroller of the Currency, Practitioners worn 4464, Main Treasury Building, practitioners. Washington, D.C. 20220, not later than The Drug Enforcement Administra­ (a) Controlled substances listed in November 30, 1973. All written submis­ tion has observed that the current schedule 1 shall be stored in a securely

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29480* PROPOSED RULES locked, substantially constructed cabi­ available for examination by interested tunity to comment on the appropriate net. persons in the Docket Section of the method for computing maximum pay- (b) Controlled substances listed in Board, Room 711 Universal Building, load capacity in line with the Board’s schedules n , m , IV, and V shall be stored 1825 Connecticut Avenue NW., Washing­ objectives. The Board promised to care­ in a securely locked, substantially con­ ton, D.C., upon receipt thereof. fully evaluate any such comments and, structed cabinet. However, pharmacies By the Civil Aeronautics Board. if necessary, to make further changes in may disperse such substances through­ its payload formula. In response, only out the stock of noncontrolled sub­ [ seal] E d w in Z. H olland, one comment proposing a change was stances in such a manner as to obstruct Secretary. submitted and this suggestion was re­ the theft or diversion of the controlled In the Part 298 W eight Limitation In­ jected in Order 72-11-48.2 substances. vestigation, Order 72-7-61, July 18, 1972, Our experience in the year since the (c) This section shall also apply to the Board liberalized the weight limita­ new 30-seat/7,500-pound payload rule nonpractitioners authorized to conduct tion on air taxi aircraft under Part 298 has been in effect confirms that the research or chemical analysis under an­ by replacing the previous 12,500-pound Board’s maximum payload definition other registration. takeoff weight standard with a new 30- has, on the whole, served as a sound and All interested persons are invited to seat/7500-pound payload capacity re­ workable standard in drawing the line submit their comments and objections in striction.1 Thereafter, in its Opinion and separating air taxi from certificated air­ writing regarding this proposal. These Order on Reconsideration, (Order 72-9- craft in a manner that does not impinge comments or objections should state 62), the Board adopted a dual definition on the basic certificated structure of air with particularity the issues concerning of "maximum payload capacity,” now transportation contemplated by the Act. which the persons desires to be heard. embodied in § 298.2. Nevertheless, in a number of instances Comments and objections should be sub­ The first definition, applicable only to there has been some uncertainty about mitted in quintuplicate to the Office of aircraft for which no maximum zero fuel whether airplanes such as the Convair Chief Counsel, Drug Enforcement Ad­ weight is prescribed, is as follows: 240 or F-27, designed to carry payloads ministration, Department of Justice, “Maximum payload capacity”—means the well over 7,500 pounds, could qualify Room 611, 1405 I St., NW., Washington, maximum certificated takeoff weight of an under Part 298 if their basic operating D.C. 20537, and must be received by aircraft, less the empty weight, less all justifi­ weights were artificially increased (and November 15,1973. able aircraft equipment, and less the operat­ payloads thereby decreased) through the ing load (consisting of minimum fuel load, use of unusually heavy seats or other Dated October 18,1973. oU, flight crew, steward’s supplies, etc.) . For additional fixed or operating equipment. purposes of this part, the allowance for "the J ohn R . B artels, J r., As we have noted, the Board has already weight of the crew, oil, and fuel is as follows: indicated its intention not to permit ex­ Administrator, Drug Enforcem ent (a) crew— 200 pounds per crew member re­ Administration. quired under' FAA regulations, (b) oil—350 empted operators—as a class—to use such large piston or turboprop airplanes, [FR Doc.73-22666 Filed 10-24r-73;8:45 am] pounds, (c) fuel—the minimum weight of fuel required under FAA regulations for a which still form a substantial proportion flight between domestic points 200 miles of the certificated carriers’ fleets. The CIVIL AERONAUTICS BOARD apart: (footnotesomitted). remaining confusion on this question The second formula, which governs all stems, in part, from the fact that the [ 14 CFR Part 298 ] Board’s views were expressed in its Opin­ [Docket No. 26021] aircraft having an FAA-pr escribed maximum zero fuel weight, provides: * ion on Reconsideration rather than in CLASSIFICATION AND EXEMPTION OF AIR the regulation itself, which is accessible * * * [Mjaximum payload capacity means TAXI OPERATORS to far more air taxi operators. Also, resid­ the maximum zero fuel weight, less the ual doubts exist as to whether Part 298 Definition of Large Aircraft empty weight, less all Justifiable aircraft equipment, and less the operating load (con­ sanctions the use o f certain airplanes O ctober 19, 1973. sisting of minimum flight crew, steward’s (like the Convair 240 or 340) which Notice is hereby given that the Civil supplies, etc., but not including disposable clearly fit within the category of large Aeronautics Board has under considera­ fuel or oh). aircraft we did not mean to qualify, but tion an amendment to Part 298 of its This dual definition was designed to which were not named in the list of “ex­ Economic Regulations to include within clarify and implement the Board’s in­ cluded” aircraft cited as examples in our the definition of "large aircraft” all tention that the 7,500-pound payload Opinion. models o f the Convair 248, 340 and 440; test, in combination with the 30-seat Therefore, to clarify our intentions in Martin 202 and 404; P-27 and FH-227; limitation, would impose a capacity adopting the 30-seat/7,500-pound pay- and Hawker Siddeley-748, as well as any rather than an operating standard for load test, we propose to specify within other aircraft with a maximum zero fuel air taxi aircraft. In Order 72-9-62, we Part 298 those “ border line” airplanes weight greater than 35,000 pounds. which do not qualify under the general emphasized that we did not propose to air taxi exemption regardless of altera­ The background and principal features transform the basic character of Part of the proposed amendment are described tions in their basic operating weights* 298 by authorizing the operation of large To that end, we propose to amend § 298.2 in the attached Explanatory Statement, aircraft, leaving it to the individual op­ and the proposed amendment is set forth of the Economic Regulations to include erator to limit its actual payload on such within the definition of_ “large aircraft” in the proposed rule. The amendment is aircraft to 7,500 pounds. Similarly, we proposed under the authority of sections all models of the Convair 240, 340, and specified that the new rule was not meant 440; Martin 202 and 404; F-27 and FH- 204(a), 401 and 416(b) of the Federal to qualify "such aircraft as the Convair Aviation Act of 1958, as amended (72 440, Martin 202 or 404, or F-27, all o f 227 ; and Hawker Siddeley 748, as well as Stat. 743, 754 and 771, as amended (49 which are generally capable of carrying any other airplane with a maximum zero UJS.C. 1324, 1371 and 1386)) payloads in excess of 7,500 pounds, but fuel weight greater than 35,000 pounds. Interested persons may participate in whose payloads * * * can be reduced This 35,000-pound upper limit corre­ the proposed rule making through sub­ artificially—through the use of unneces­ sponds to the zero fuel weights of the mission of twelve (12) copies of written sary ballast, for example.” data, views or arguments pertaining In adopting detailed payload formulas, thereto, addressed to the Docket Section, however, the Board recognized that the •No changes were proposed in the formula Civil Aeronautics Board, Washington, applicable to aircraft with a prescribed maxi­ record in the Part 298 proceeding was mum zero fuel weight. D.C. 20428. All relevant material received rather limited on this question and af­ 8 Although this is essentially an interpre­ on or before November 23, 1973, will be forded all interested persons an oppor- tive amendment designed to clarify our in­ considered by the Board before taking tention in adopting the 30-seat/7,500-pound 1 The 12,500-pound takeoff weight test rule, we-have decided to proceed via a notine final action upon the proposed rule. continues to govern operations within Alaska of proposed rulemaking to afford interested Copies of such communications will be or Hawaii. persons an opportunity to comment.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29481 aircraft we are excluding by name,4 and ested parties for additional time to pre­ (2 )(B ), taken together (86 Stat. 987, simply assures that airplanes of com­ pare comments, the time for filing com­ 990). The Agency believes that the legis­ parable or larger size, though not ex­ ments is hereby extended by 30 days. lative history of the Act supports this pressly mentioned in the rule, are like­ Therefore, all persons who desire to sub­ view. It has been suggested that the lan­ wise excluded from the Part 298 exemp­ mit written data, views or arguments in guage of section 8(b) and the legislative tion. On the other hand, the 35,000- connection with this matter should file history limits the Agency’s authority to pound zero fuel weight test should in no the same prior to November 23,1973, with inspect the records which are required to way impair our primary goal in the Part the Director, Registration Division, Office be maintained under the authority of 298 Investigation of stimulating the of Pesticides Programs, Environmental section 8(a) (86 Stat. 987). The Agency manufacture of a new generation of more Protection Agency, 401 M Street SW^ explicitly invites comments regarding the comfortable and dependable aircraft ex­ W ashington, D.C. 20460. scope of its authority to perform such ad­ pressly designed for the needs of third- This action is taken pursuant to the ministrative inspections. authority in sections 3 and 25 of the level traffic. In fact, this test leaves air­ R ussell E. T rain, craft manufacturers with ample flexibil­ Federal Insecticide, Fungicide, and Ro- Administrator. denticide Act, as amended (86 Stat. 979, ity in developing such new airplanes O ctober 18,1973. within the 30-seat/7,500-pound payload 997). Section 8 of the Federal Insecticide, limits we established to protect the basic Dated October 17,1973. certificated structure o f air transporta­ Fungicide, and Rodenticide Act (7 U.S.C. tion.6 ^ !.r H en ry J. K orp, 135 et seq.), as amended by the Federal It is proposed to amend Part 298 o f the. - Deputy Assistant Administrator Environmental Pesticide Control Act of Economic Regulations (14 CFR Part 298) for Pesticide Programs. 1972 (7 U.S.C. 136f), authorizes the Ad­ as follows: [FR Doc.73-22699 Filed 10-24-73:8:45 am] ministrator of the Environmental Pro­ Amend the' definition o f “ large air­ tection Agency to prescribe regulations craft” in § 298.2 to read as follow s: requiring producers of pesticides to [ 40 CFR Part 169 ] maintain such records with respect to § 298.2 Definitions. their operations and the pesticides and ***** BOOKS AND RECORDS OF PESTICIDE devices produced as he determines are PRODUCTION AND DISTRIBUTION ; “Large aircraft” means an aircraft necessary for the effective enforcement having a maximum passenger capacity of Proposed Maintenance and Inspection of the Act. No records required under more than 30 seats or a maximum pay- Notice is hereby given,'pursuant to the this section, however, shall extend to load capacity o f more than 7,500 pounds; authority of sections 8 and 25 of the financial data, sales data other than except that in connection with opera­ Federal Insecticide, Fungicide, and Ro­ shipment data, pricing data, personnel tions conducted within the State of den ticide Act as amended by the Federal data, and research data (other than data Alaska or Hawaii, large aircraft shall Environmental Pesticide Control Act of relating to registered pesticides or to a mean an aircraft whose maximum certif­ 1972 (86 Stat. 987, 997), hereinafter the pesticide for which an application for icated takeoff weight is more than 12,500 Act, that it is proposed to issue a new registration has been filed). pounds: Provided, however, That, for the Part 169 o f Title 40, Code o f Federal Section 169.1 o f these proposed regula­ purposes of this part, large aircraft shall Regulations, to read as set forth below. tions contains definitions of terms used | include all models of the Convair 240, Any person may file comments on this in the proposed regulations. All terms 1340, and 440; Martin 202 and 4Ó4; P-27 proposal on or before November 26,1973. not otherwise defined have the same and FH-227; and Hawker Siddeley 748; Sudh comments should be filed in dupli­ meaning as those used in the Act. and shall also include any other aircraft cate and addressed to Mrs. Betty J. Bil­ Section 169.2 o f these proposed regula­ | with a maximum zero fuel weight in ex- lings, Hearing Clerk, Environmental Pro­ tions sets forth the types of books and ; cess of 35,000 pounds. tection Agency, East Tower, Washington, records which shall be maintained by producers of pesticides. Any establish­ * * * * * D.C. 20460. All written submissions filed ment which falls within the purview of [FR Doc.73-22731 Piled 10-24-73;8:45 am] pursuant to this notice will be available for public inspection at the office of the section 7 of the Act shall maintain the Hearing Clerk during regular business books and records required under sec­ ENVIRONMENTAL PROTECTION tion 8. hours, 8:00-4:30 daily. Section 169.3 of these proposed regula­ AGENCY Section 8(a) of the Act authorizes the tions specifies the periods of time for [ 40 CFR Part 1 6 2 ] Administrator to prescribe regulations which the records required under section requiring producers “* * * to maintain RESIDUAL BACTERIOSTATIC AND/OR 8 shall be retained. such records with respect to their opera­ Section 169.4 of these proposed regu­ SELF-SANITIZING ACTIVITY IN PESTI­ tions and the pesticides and devices pro­ CIDE LABELING lations requires producers, distributors, duced as he determines are necessary for carriers or other wholesale or retail deal­ Proposed Claims; Extension of Time for the effective enforcement of (the) Act.” ers in pesticides or devices to furnish or Filing Comments The regulations proposed herein set forth permit authorized officers or employees the types of books and records which The notice published in the F ederal of the Environmental Protection Agency shall be maintained and the periods of Register of August 23, 1973 (38 PR to have access to and to copy all records 22636), proposing the issuance of a State­ time for which they shall be retained. required to be maintained under the Act. ment of Policy with respect to claims for Section 8(b) of the Act empowers the Administrator to authorize persons residua! bacteriostatic and/or self-sani­ PART 169— BOOKS AND RECORDS tizing activity in labeling of pesticides “* * * to have access to, and to copy Provided for the filing of comments * * * all records showing the delivery, § 169.1 Definitions. within 60 days after said date. movement, or holding of such pesticides or devices * * Terms used in this part shall have the Because of the interest generated by The regulations proposed herein set meanings set forth for such terms in the : me proposal and at the request by inter- Federal insecticide, Fungicide, and Ro­ forth the scope of the records required denticide Act as amended. In addition, as to be maintained by producers; distrib­ used in this part, the following terms In general, their zero fuel weights range utors, carriers, and dealers which au­ shall have the meanings set forth below: from 36,000 pounds upward. thorized personnel may inspect or copy. To illustrate this point, the Dassault (a) Amount of pesticide.—the term The Agency has taken the position that it “amount of pesticide” means quantity, ~*jon 30 and the Aerospatiale Pregate, two may inspect all records that it requires to «oaern commuter aircraft that embody the or volume of the formulation, and is to be maintained under these proposed reg­ air features desirable in new third-level be expressed in pounds for solid or semi­ ah Cr+ ’ kave maximum zero fuel weights of ulations. In the Agency’s view, the au­ out 26,000 pounds and 23,000 pounds, re­ thority to perform such inspections de­ solid products and gallons for liquid spectively, according to Jane’s. rives from section 8(b) and section 12(a) products.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29482 PROPOSED RULES

(b) Batch.—the term “batch” meanspursuant to an experimental use permit, (1) Records showing the brand names, the quantity of a pesticide product made the names and addresses of all inter­ types, amounts and composition of thé in. one operation or lot. mediate and ultimate consignees, form ulation per batch o f all pesticides (e) Device.—the term “device” means (3) Name of carrier, produced and the brand names and file any device or class of device as defined (4) Date shipped or delivered for ship­ quantities of devices produced. by the Act and determined by the Ad­ ment, and . (2) Records specified under § 169.2(c) ministrator to be subject to the provi­ (5) Quantities shipped or delivered (d) and (e) , sions of the Act. for shipment. (3) Copies of all guarantees given pur­ (d) Composition of the formulation.— suant to section 12 (b) (1) of the Act, the term “composition of the formula­ Such records are required regardless of whether any shipment or receipt of (4) Records showing the batch num­ tion” means the amounts of each active bers and batch sizes of all pesticides pro­ and inert chemical ingredient, and shipment is between plants owned or duced, otherwise controlled by the same person. amounts of carriers, solvents and other (5) Copies of specifications or direc­ material used per batch in the produc­ (e) Inventory or control records with tions of the foreign purchaser, in the case tion of a pesticide product. The amounts respect to the brand names and amounts of pesticides or quantities of devices in of products produced for export, shall be expressed in weight for dry prod­ stock. (6) Records required to be maintained ucts and volume for liquids. pursuant to the Act and any regulations (e) Inability.—the term “inability” (f) Copies of all labels and labeling for promulgated pursuant thereto, and means the incapacity of any person to all pesticides and devices produced and . (7) Copies of labels, labeling, and ad­ maintain, furnish or permit access to any copies of all domestic advertising of re­ vertising of restricted uses of pesticides records under this Act and regulations, stricted uses of any pesticide registered registered for restricted use. where such incapacity arises out of for restricted use for which the producer (b) The following records may be dis­ causes beyond the control and without is responsible, including any radio and posed of after twenty (20) years: the fault or negligence of such person. television scripts for all such pesticides (1) Records of any tests conducted on Such causes may include, but are not re­ and devices. human beings. stricted to, acts of God or of the public (g) Copies of all guarantees given (2) Records of the disposal or storage enemy, fires, floods, epidemics, quaran­ pursuant to section 12(b) (1) of the Act. of used packages and containers of pesti­ tine restrictions, strikes and unusually . (h) In the case of pesticides or devices cides and the disposal and storage of ex­ severe weather but in every case the fail­ intended solely for export to any foreign cess amounts, o f pesticides including: ure must be beyond the control and with­ country, copies of the specifications or the method of disposal, date of disposal, out the fault or negligence of said directions of the foreign purchaser. site of disposal, amount disposed of and person. (i) Records indicating the batch num­ the brand name and type of pesticide (f ) Type of pesticide.—The term “type ber and batch sizes of all pesticides pro­ and/or containers disposed of, of pesticide” means identification of each duced. The batch number shall appear on (3) Records containing data concern­ individual product, as given by its prod­ all production and control records. ing injuries, illnesses, accidents, and uct name, EPA Registration Number (j) Records on the disposal or storage similar occurrences to employees of the (permit number if the pesticide is pro­ of pesticides and their used packages producer resulting from the production of and containers and the disposal and any pesticide, and duced under an Experimental Use Per­ storage of excess amounts of pesticides mit) and class (fungicide, insecticide, (4 ) Records o f any factual information including, without limiting the foregoing, regarding any adverse effects on the en­ herbicide, etc.), except where such pesti­ the method or methods of disposal, date cide is produced for export only, in which 'or dates of disposal, site or sites of dis­ vironment by any pesticide. case the term shall include the product posal, and the amounts, brand names (c) The following records shall be name and chemical formulation. For and types of the pesticides and/or con­ maintained indefinitely or as long as the planned products, the term means pro­ tainers disposed of, respectively. registration is valid, the producer is in posed product name and EPA File Sym­ (k) Records of any tests conducted on business, or as long as the product is bol, if any. human beings whether performed by the being produced: Records containing all research data relating to registered pes­ § 169.2 Maintenance of records. producer himself or authorized and/or paid for by the producer. Such records ticides or to pesticides for which applica­ All producers of pesticides or devices tions for registration have been filed. subject to this Act, including pesticides shall include: the names and addresses produced pursuant to an experimental of subjects tested,, dates of tests, types § 169.4 Inspection. of tests, written consent of subjects to (a) Producers.—Any producer of any use permit, shall maintain the following tests and all information and instruc­ records: pesticide or device subject to this Act tions given to the subjects regarding the shall, upon request of any officer or em­ (a) Records showing the brand names, nature and purpose of the tests and of types, amounts and composition of the ployee o f the Agency or of any State of any physical and mental health conse­ political subdivision, duly designated by formulation per batch of all pesticides quences which were reasonably foreseen produced: Provided, however, That re­ the Administrator, furnish or permit such therefrom, and any potential adverse person at all reasonable times, to have packers of pesticides need not maintain effects of the tests on the subjects. records of the composition of the formu­ access to and to copy all records required (l) Records of any factual informa­ to be maintained by this Part. lation per batch of the pesticides which tion regarding any adverse effects on the they repack if the material repacked has environment by any pesticide. (b) Distributors, carriers, dealers, not been altered in any manner. (m) Records containing all research etc.— (1) All pesticides and devices.— (b) Records showing the brand names data relating to registered pesticides or A ny distributor, carrier, dealer, or any and quantities of devices produced. to pesticides for which applications for other person who sells or offers for sale, (c) Records showing the following in­ registration have been filed. delivers or offers for delivery any pesti­ formation regarding the receipt of all (n) Records required to be maintained cide or device subject to this Act, shall, pesticides and devices: pursuant to the Act and any regulations upon request of any officer or employee (1) Brand name of pesticide or device, promulgated pursuant thereto. of the Agency or of any State or political (2) Name and address of shipper, (o) Records, other than personnel subdivision, duly designated by the Ad­ (3) Name of carrier, data, containing data concerning injur­ ministrator, furnish or permit such per­ (4) Date of receipt, and ies, illnesses, accident and similar occur­ son at all reasonable times to have access (5) Quantities received. rences to employees of the producer re­ to and copy all records showing the de­ (d) Records showing the following in­ sulting from the production of any livery, or holding of such pesticide or de­ formation regarding the shipment of all pesticide. vice, including the quantity, the date oi pesticides and devices : •shipment and receipt, and the name ami (1) Brand name of pesticide or device, § 169.3 Disposition o f records. address of the consignor and con sign ee (2) Name and address of consignee (a) The following records may be dis­No record is required to be maintained o and, where the pesticide is produced posed of after five (5) years: the sale of any pesticide reg istered

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29483

general use to any person who in good permissively approved rail general in­ ceedings, Room 5354, Washington, D.C. faith purchases such pesticide for pur­ crease. It is proposed that, upon the filing 20423, within 45 days o f the service date poses other than resale. “ of a petition for authority to publish a of this order, the original and one copy (2) Restricted use pesticides.—In addi­general rate increase, the following data of a statement of his intention to par­ tion to the record required to be main­ and information shall be provided by ticipate. Inasmuch as the Commission tained and furnished for inspection or individual class I line-haul railroads and desires wherever possible (a) to conserve copying as set forth in paragraph (b) (1) summarized for each district and all dis­ time, (b) to avoid unnecessary expense to of this section any distributor, dealer, or tricts combined for the period, beginning the public, and (c) the service of plead­ any other person who sells or delivers or with the effective date of the last general ings by parties in proceedings of this type offers for delivery any pesticide regis­ increase to and including the last com­ only upon those who intend to take an tered for restricted use, shall, upon re­ plete month ending at least 31 days prior active part in the proceeding, the state­ quest of any officer or employee o f the to the filing of a petition for a new gen­ ment of intention to participate shall in­ Agency or of any State or political sub­ eral rate increase (hereinafter referred clude a detailed specification of the ex­ division, duly designated by the Admin­ to as the study period): tent of such person’s interest/ including istrator, furnish or permit such person I. General data.—The following shall (1) whether such interest extends merely at all reasonable times to have access to be submitted for line-haul traffic; to receiving Commission releases in this and copy all records showing the name, 1. Total estimated revenues for the proceeding, (2) whether he genuinely address, and identification number on study period if the last authorized in­ wishes to participate by receiving or fil­ other designation of the certified appli­ crease had been fully applied. ing initial and/or reply statements, (3) cator to whom such pesticide was sold or 2. Total actual revenues, ton miles, and if he so desires to participate as described delivered, so as to show that such pesti­ revenue per ton-mile based on rates in (2), whether he will consolidate or is cide was sold, delivered, or otherwise actually applied during the study period. capable of consolidating his interests made available for use only to a certified 3. Total actual revenue, ton miles, and with those of other interested parties by applicator. revenue per ton-mile for the correspond­ filing joint statements in order to limit (c) Inability.—(1) In the event of theing period preceding the study period. the number of copies of pleadings that inability of any person to produce records 4. Explanation of any significant dif­ need be served, such consolidation of in­ containing the information required to be ferences between items 2 and 3, such as terests being strongly urged by the Com­ produced, all other records and informa­ changes in traffic levels, average length mission, and (4) any other pertinent in­ tion regarding the same shall be pro­ of haul, traffic mix rate changes, and formation which will aid in limiting the vided. other relevant factors. service list to be used in this proceeding; (2) Where no such inability exists and 5. Total increase in revenues obtained that this Commission shall then prepare any such person falls to give access to and by application of the last authorized and make available to all such persons a permit copying of such records as re­ general increase (item 2 less item 3). list containing the names and addresses quired, such failure shall be deemed a n . Accessorial services data.—The fo l­ of all parties desiring to participate in refusal to keep records required or a re­ lowing shall be submitted for those spe­ this proceeding and upon whom copies of fusal to allow the inspection of any such cial and -accessorial services such as col­ all statements must be filed; and that at records or both. lection on delivery and wharfage charges the time of service of this service list the listed on page 13 of Tariff of Increased Commission will fix the time within [PE Doc.73-22700 Filed 10-24-73;8:45 am] Rates and Charges, X-281-A: which initial statements and replies must 1. Total estimated revenues for the be filed. DEPARTMENT OF study period if the last authorized in­ And it is further ordered, That a copy TRANSPORTATION crease had been fully applied. of this notice and order be served on each 2. Total actual revenues based on respondent and on each party to the pro­ [ 49 CFR Part 1102 ] charges actually applied during the study ceeding in Ex Parte No. 290, that a copy [Ex Parte No. 290; Sub-No. 1] period. be deposited in the office of the Secretary, 3. Total actual revenues for the cor­ Interstate Commerce Commission, Wash­ PROCEDURES GOVERNING RAIL CARRIER responding period preceding the study ington, D.C., for public inspection, and GENERAL INCREASE PROCEEDINGS period. that statutory notice of the institution Proposed Data and Information 4. Total increase in revenues obtained of this proceeding be given to the general Requirement ^ by application of the last authorized public by delivering a copy thereof to the At a general session of the Interstate general increase (item 2 less item 3). Director, Office of the Federal Register, Commerce Commission, held at its office HL. Availability of underlying data.— for publication therein. in Washington, D.C., on the 10th day of All underlying data used in preparation By the Commission. October 1973. of the material outlined above shall be made available for inspection upon rea­ [ seal ] R obert L. O sw ald , It was stated in the appendix to the Secretary. order entered December 1,1972, institut­ sonable request in writing, and shall be ing Ex Parte No. 290, that compliance furnished by the railroads to the Com­ [FR Doc.73-22714 Filed 10-24^73;8:45 am] with Ex Parte No. 280, Special Proce­ mission upon request. The underlying dures for Tariff Pilings, presently requires data shall be made available also at the Hazardous Materials Regulations Board a disclosure of “the dollar amount of the hearing, but only if and to the extent specifically requested in writing and re­ [ 49 CFR Parts 171, 173, 174, 175, 177, increased revenue which the increase is-1 1 7 8 ] expected to provide.” quired by any party for the purpose of cross-examination.- [Docket No. HM-111; Notice No. 73-7] In view of the fact that the final orders It is further ordered, That no oral entered by the Commission upon the con-, TRANSPORTATION OF HAZARDOUS hearing be scheduled for the receiving of MATERIALS elusion of rail general revenue proceed­ testimony unless a need therefor should ings are permissive in nature, the esti­ later appear, but that respondents or any Miscellaneous Proposals Relating to mate of increased revenue to be gen­ other interested parties may participate Radioactive Materials erated by a proposed general increase in this proceeding by submitting for con­ On October 4, 1968, the Hazardous may not reflect the increased revenue sideration written statements of verified Materials Regulations Bgard (the Board) actually generated thereby. facts, views, and arguments regarding the published extensive amendments to the Accordingly, it is ordered, That, under proposed rules. Department’s Hazardous Materials Reg­ the authority of sections 13(1), 15(7), It is further ordered, That any person ulations relating to radioactive materials mad 17(3) of the Interstate Commerce intending to participate in this proceed­ (33 FR 14918). Those amendments were Act, a proceeding be, and it is hereby, in­ ing by submitting initial or reply state­ instrumental in bringing the transporta­ stituted with the objective of promulgat­ ments, or otherwise, shall notify this tion regulations of this country into sub­ ing specific rules requiring submission ol Commission, by filing with the Interstate stantial conformity with the interna­ data and inform ation related to the last Commerce Commission, Office of Pro­ tional standards for the transportation

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205- 29484 PROPOSED RULES

of radioactive materials. The interna­ and the former are the requirements change has been recommended by the tional standards were promulgated by that are proposed. Also, many years of National Transportation Safety Board the International Atomic Energy Agency successful experience with shipments au­ in its “Special Study of the Transporta­ (IAEA) and published in its “Regula­ thorized on a special permit basis have tion of Radioactive Materials by Air.” It' tions for the Safe Transportation of been acquired for the proposed packag­ is felt that the double precaution pro­ Radioactive Materials,” 1967 edition. ing. vided by this approach will significantly With over three years of experience in The revision of Note 1 in § 173.69(a) improve the safety of such packages. the application of those amendments by and the addition of a footnote in § 173.226 In §§ 173.394 and 173.395, the most shippers, carriers, and the Department, would clarify that Class A detonating significant proposed change relates to the Board now believes there is need for fuzes with radioactive components, and the change to the “performance cri­ a number of changes, many of which thorium metal also are subject to the pro­ teria” concept for Type A packages. The would be minor or editorial in nature. visions for radioactive materials. present listing of the various authorized Many of these proposed changes have In § 173.389, two additional definitions DOT specifications would be deleted. In­ been suggested by various persons or are proposed, i.e., “full load” and “closed stead, complete reliance would be placed have been developed by the Board in re­ transport vehicle.” Based on its experi­ (except for the DOT Spec. 55) on the sponse to formal and informal comments ence, the Board believes that these def­ use o f the DOT-7A, Type A, general it has received. Several of the proposed initions are needed to clarify the admin­ packaging specification. Also, one very changes have also been recommended by istrative requirements for control of cer­ significant requirement would be added, the U.S. Atomic Energy Commission. A tain types of radioactive materials ship­ i.e., that each user of a Spec. 7A pack­ number of these proposed changes would ments. age would be required to document and incorporate into the regulations various The proposal in § 173.391(c) would maintain on file for one year after the provisions which are now authorized change the requirement from no “detect­ latest shipment a written record of his under general type special permits held able” radioactive surface contamination determination of compliance with the by many shippers, including several new on certain packages of exempt manu­ DOT Spec. 7A performance requirement specification packagings, which have factured articles containing natural for the specific package design. The been in use under special permits for uranium or depleted uranium to no Board’s experience indicates that the several. years with satisfactory experi­ “significant” contamination as provided present method of listing DOT detailed ence. for in § 173.397. Another proposed change design specifications • is somewhat mis­ The Board also wishes to note that at to § 173.391(c) would add natural leading when the general packaging a future date, it will consider other, more thorium and its alloys to the classes of requirements for radioactive materials substantive changes. Although the regu­ material which could qualify as a certain are considered, i.e., liquid packaging re­ lations relating to radioactive materials type of exempt manufactured radioactive quirements, shielding requirements, in­ as amended October 4, 1968, conform ed material. ner vessel closure, etc. The Board believes substantially a.t that time to the IAEA Several changes to the provisions of that the present method has resulted standards, the IAEA has been develop­ § 173.392 are proposed to clarify the re­ in a system which is misleading since it ing comprehensive revisions to its stand­ quirements for advance special arrange­ specifies only the “outer” packaging in ards. In 1970 and 1971, regulatory re­ ments and written instructions between most cases. It is possible that in some view panels of the IAEA met. The mem­ the shipper and carrier for the trans­ cases a shipper might mistakenly con­ bership on these panels comprised all portation of “full loads” of low specific sider only the outer packaging require- major IAEA member states and inter­ activity radioactive materials. . ments without properly taking into national bodies, including the United In § 173.393, the section heading would account the additional general require­ States. The revisions to IAEA Safety be amended to include general shipment ments such as illustrated above. Con­ Series No. 6 resulting from those panels as well as general packaging require­ currently with these changes, DOT Spec­ have recently been published. The Board ments. Section 173.393(j) (3) would also ification 55 is proposed to be deleted emphasizes that the substance of the be amended to clarify the method of from Part 178. However, DOT Spec. 55 changes proposed in this notice are not measuring the radiation level at six feet packaging would continue to be author­ based on the most recent changes to the from a vehicle containing a “full load” of ized for use in Part 173 but would be IAEA standards. However, to maintain radioactive materials; § 173.393 (L) would limited to packagings constructed prior United States’ standards in as close con­ be amended for clarification and to make *to the effective date o f the amendments formity to international standards as reference to the general requirements for in this docket. The Board intends to possible, the Board intends to propose packages destined for export; § 173.393 phase out this specification as a “limited future changes as necessary; these pro­ (o) would be added to require that pack­ Type B ” packaging (up to 300 curies of posed changes will be the subject of sepa­ ages not be offered for transport until special form material) at some later rate rule making. the temperature of the packaging system date. Several additions to § 171.7 relating to has reached equilibrium; § 173.393(k) Further additions to §§ 173.394 and matter incorporated by reference are would be added to require that the inner 173.395 would prescribe the quantities of proposed. These additions generally re­ containment vessel which comprises a radioactive materials authorized in the late to certain sections of the new specifi­ separate^ unit of any portion of a pack­ new specification Type B DOT Spec. cation packagings proposed to be added aging must be securely closed by a posi­ 20WC and 21WC packagings (DOT Spe­ in Part 178. tive fastening device which is independ­ cial Permit Nos. 5684, 5800, 6008, and In § 173.23, the reference to radioactive ent of any other part of the packaging. ~5725) and would clarify that any ap­ materials packagings previously author­ (This provision is intended to make it proved Type B packaging may be used ized by the Bureau of Explosives would clear that a piece of masking tape is not for a shipment of a Type \ quantity of be deleted since such packagings have sufficient to hold a lead plug in place.) radioactive material. not been authorized for shipment since Also in § 173.393(d), a significant change Numerous changes also are p rop osed February 28,1969. is proposed in conjunction with the to the packaging provisions for fissile Two of the proposed changes herein authorized Type A packaging changes radioactive materials in § 173.396 a n d to (§§ 173.202 and 173.206) would permit which are being proposed in §§ 173.394 the design requirements for the two sp ec- ^ the transportation of small quantities of and 173.395, i.e., the statement that the ification packagings for fissile materials, certain metals or alloys (also classed as presently listed specification Type A i.e., the DOT Spec. 6L (§ 178.103) and flammable solids) when such materials packages “* * * 'may be assumed to Spec. 6M (§ 178.104). These p rop osed are a component part of fissile or large meet those standards, * * *” would be changes deal with modifications rela tin g quantity radioactive materials. The cur­ deleted. to the permitted radioactive m ateria l rent packaging requirements for radio­ A further change is proposed to re­ content, quantity, and physical details active materials are substantially supe­ quire that packages containing liquid of construction of each packaging. B ased rior to those presently required in the radioactive materials meet the conditions on a recommendation received f r o m the regulations for these metals or alloys of both § 173.393(g)(1) and (2). Such a USAEC, DOT Spec. 2R (§ 178.34) is p ro-

FEDERAL REGISTER, VOL. 38, NO. 205— -THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29485

posed to be extensively revised to provide Section 173.398(a) is proposed to be PART 171— GENERAL INFORMATION AND more definitive requirements for flanged changed to require that each shipper of REGULATIONS closures. These changes would also affect special form radioactive material docu­ In § 171.7, paragraphs (c) (18) through the design requirements for DOT Spec. ment and maintain on file for one year (c) (20), (d) (4) (i), (d) (4) (ii), (d)(5) 6L and Spec. 6M packagings, each of after the latest shipment a certification (iii), (d) (13), (d) (14), and (d)(15) which utilizes a Spec. 2R inner contain­ and supporting safety analysis demon-, would be added to read as follows: ment vessel. Another change (§ 173.396 strating the method of determination (f)) would provide for the shipment of that the special form test requirements § 171.7 Matter incorporated by refer­ Fissile Class II packages under Fissile were met. Also, requirements are pro­ ence. Class in type controls, thus allowing posed which outline the information to be * * * * * commingling of Fissile Class II and m submitted to the Department in petitions (c) * * * packages by a specific'consignor. This for certifications of special form designs (18) AWWA: American Water Works provision is presently authorized under when foreign shipments of these ma­ Association, 2 Park Avenue, New York, a special permit (SP 5908) issued to terials are intended. These requirements New York 10016. many shippers. Another provision, are based on provisions of the IAEA (19) AWS: American Welding Society, § 173.396(b)(7) would add a useful gen­ regulations. In this regard it should be 345 East 47th Street, New York, New eral package loading authorization for noted that in some countries, competent York 10016. small amounts of fissile radioactive ma­ authority certification is required do­ (20) USDC: U.S. Department of Com­ terial as limited quantities o f Uranium- mestically for all special form materials. merce, National Technical Information 235, in standard DOT specification steel In § 173.399, the reference to the label­ Service, 5285 Port Royal Road, Spring- drums (DOT SP 5021). ing requirement for packages previously field, Virginia 22151. Also § 173.396(b) (6) and (c )(5 ) would approved by the Bureau of Explosives (d) * * * prescribe the quantities o f fissile uranium would be deleted since it is no longer ap­ (4) * * * hexafluoride (UF6) that could be trans­ propriate. In § 173.401, a requirement to (i) American National Standard B ported in the new DOT specification mark the gross weight on packages ex­ 16.5 is titled, “ Steel Pipe Flanges and packagings 20PF and 21PF (new ceeding 110 pounds would be imposed to Fittings,” 1968 edition. §§ 178.120 and 178.121). These are inner achieve consistency with an equivalent (ii) American National Standard N metal cylinders within certain types of international requirement. A further 14.1-1971 is titled, “Packaging of Ura­ phenolic-foam insulated steel protective clarifying provision would also be added nium Hexafluoride for Transport.” overpacks (DOT SP 4909). Shipments of to require the external marking of any UFe have been performed routinely and Type A or Type B package, as appropri­ (5) * * * successfully under this special permit for ate, including the letters “USA”, if for­ (iii) ASTM D1056 is titled, “Sponge many years. In § 173.396(b) (8), the eign shipments are involved. Section and Expanded Cellular Rubber Products, Board proposes to provide fo r the ship­ 173.404(a) would be amended to make it Spec, and Tests for,” 1968 edition.

ment of a limited quantity of uranium clear that the blank spaces on the pack­ * * * hexafluoride as a residual “heel” in a cyl­ age labels must be filled in as appropri­ (13) Americn Water Works Associa­ inder. These shipments, as Fissile Class ate. Further, a new § 173.416(d) would be tion (AWWA) Standard C207-55 is titled, I, would be permitted in a bare cylinder added to provide more precise guidance “AWWA Standard for Steel Pipe without overpack. in completing the label entries: there has Flanges,” 1955 edition. In § 173.397(a), changes are proposed been some degree of confusion on this (14) American Welding Society to clarify the determination o f the allow­ matter during the past few years. (AWS) AWS Code B-3.0 is titled, able amount of removable (non-fixed) Two significant changes are being pro­ “Standard Qualification Procedure.” radioactive surface contamination, in posed to the rail and motor vehicle car­ ri) AWS Code D-1.0 is titled, “Code terms of quanified “significant removable rier requirements in Parts 174, 175, and for Welding in Building Construction.” contamination.” The present provisions 177. One change would provide for the in § 173.397 are a modified version of the controlled spacing of groups of packages (15) USDC, CAPE-1662, one of the 1967 IAEA Standards in Marginal C-3.3 at 20-foot distances, when more than one series of “Civilian Applications P rog ram and Table IV, Annex I. The Hazardous group containing 50 transport indices or Engineering Drawings” which is a pack­ Materials Regulations specify a method less is present in any single storage area. age of information including drawings for determination of external removable This provision is presently contained in and bills of material, describing phenolic- surface contamination based on the the IAEA regulations as well as in the foam insulated, protective overpacks. activity on the “ wipe” sample. That lim it U.S. Coast Guard regulations in 46 CFR Is set at 10 percent of the IAEA values on Parts 146-149. The other change which (i) USDC, USAEC Material and %the surface itself. would apply to carriers would clearly Equipment Specification No. SP-9, is Many questions have arisen with re­ specify that in preparing their manifests, titled, “Fire Resistant Phenolic Foam.” spect to the “averaging” of multiple wipe waybills, etc., for radioactive materials (ii) USDC, ORO-651 is titled, “Ura­ samples. The IAEA standards clearly shipments, the carrier must transpose all nium Hexafluoride Handling Procedures allow for “averaging” of contamination of the applicable shipping paper informa­ and Container Criteria,” Revision 3,1972. over any area of 300 cm2 o f any part of tion as it has been supplied by the ship­ the surface. The proposed revision of per pursuant to § 173.427(a)(5). Under § 173.397(a) would provide that “ averag­ the present carrier regulations in Parts PART 173— SHIPPERS es” is only allowable over any one 300 174, 175, and 177, the carrier is only re­ cm* area of any part of the surface and it quired to include on his shipping papers In Part 173 Table o f Contents, § 173.393 Is not allowed to average wipe samples the proper shipping name and the classi­ would be amended to read as follows: from several 300 cm2 areas. However, an fication of the material, with the result Sec. exception is made for somewhat higher that the information being supplied by 173.393 General packaging and shipment levels of contamination on packages the shipper in many cases does not ac­ requirements. consigned for “ full load” shipments in company the shipment during transpor­ tation. In § 173.23, paragraph (c) would be 173.397(b). In § 173.397(c), another deleted as follows: change is proposed which would require in Part 178, major revisions to existing requirements for DOT Specification 2R, each vehicle to be monitored after having § 173.23 Previously authorized packag­ 6L, and 6M are proposed. New specifica­ in g . been used for any “ full load” shipment o f tions DOT 20PF, 21PF, 20WC, and 21WC * * * • * radioactive material, and not only for a are also proposed. (c) [Deleted] bulk shipment of low specific activity In consideration of the foregoing, it is material, as is required by the present proposed to amend 49 CFR Parts 171, In § 173.69, paragraph (a ) Note 1 Provisions of § 173.397(b). 173, 174, 175, 177, and 178 as follow s: would be amended to read as follows:

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29486 PROPOSED RULES

§ 173.69 Detonating fuzes, Class A, with hold, compartment, or defined deck area (except aircraft) and consigned as a full- or without radioactive components, of a seagoing vessel; and load are exempt from specification pack­ detonating fuze parts containing an (2) For which all initial, intermediate, aging, marking (§ 173.401), and labeling explosive, boosters, bursters, or sup* and final loading and unloading is car­ (§§ 173.402 to 173.404), provided the plementary charges. ried out by or under the direction of the shipment meets the requirements of (a) * * * consignor, consignee, or his designated paragraph (c) or (d) of this section. agent. (c) * * * Note 1.—A fuze with any radioactive com­ ponent is also subject to the applicable pro­ (р) “Closed transport vehicle” means (9) Specific instructions for mainte­ visions of §§ 173.389 through 173.399 for the a vehicle equipped with a securely at­ nance of full-load (sole use) shipment radioactive material. tached exterior enclosure, which during controls must be provided by the shipper * * * * * normal transport, restricts the access of to the carrier. Such instructions must be unauthorized persons to the cargo space included with the shipping paper In § 173.202, paragraph Ob) would be containing the radioactive materials. information. added to read as follows: The enclosure may be either temporary (d) * * * § 173.202 Sodium and potassium, me­ or permanent, may be of the “see- (7) Specific instructions for mainte­ tallic liquid alloy. through” type, and must limit access nance o f full-load (sole use) shipment * * * * * from top, sides, and ends. controls must be provided by the shipper Ob) Packaging of metallic liquid alloys In § 173.391, the introductory text o f to carrier. Such instructions must be in- of sodium or potassium in combination paragraph (c), paragraphs (b) (3), (c) included with the shipping paper with fissile or large quantities of radio­ (2), and (c) (4) would be amended to information. active material, is authorized as pro­ read as follows: In § 173.393, the heading and the in­ vided in § 173.206 (a) (10) and (11). § 173.391 Small quantities of radio­ troductory texts of paragraphs (d), (e), In § 173.206, paragraph (a) (10) would active materials and radioactive de­ (g), and (j) would be amended; para­ be amended; paragraph (a) (11) would vices. graphs (g) (1 ), (j) (3>, and (1) would be be added to read as follows: ***** amended; paragraphs (k) and (o) would (b) * * * be added to read as follows: § 173.206 Sodium or potassium, metal­ lic, sodium amide, sodium potassium (3) The radiation dose rate at any § 173.393 General packaging and ship­ alloys, sodium aluminum hydride, point on the external surface of the out­ ment requirements. lithium metal, lithium silicon, lith­ side of the package may not exceed 0.5 * * * * * ium ferro silicon,' lithium hydride, millirem per hour. However, for full-load (d) Each radioactive material must be and lithium aluminum hydride. shipments only, the radiation at the ex­ packaged in a packaging which has been (a) * * * ternal surface of the package or the item designed to maintain shielding efficiency may exceed 0.5 millirem per hour, but and leak tightness, so that, under con­ (10) Tubes of stainless steel, or other must not exceed 2 millirem per hour. metals of equivalent strength and non­ ditions normally incident to transpor­ reactivity, having sealed, welded end * * * * * tation, there will be no release of radio­ caps, and containing not more than 50 (с) A manufactured article, other than active material. If necessary, additional grams of metal. Authorized only for reactor fuel elements, in which the only suitable inside packaging must be used. metallic sodium, metallic lithium, metal­ radioactive material is metallic natural Each package must be capable of meet­ lic potassium, and sodium potassium or depleted uranium or natural thorium ing the standards in §§ 173.398(b) and alloy which may be in combination with or alloys thereof, is exempt from specifi­ 173.24. fissile or a large quantity of radio­ cation packaging, marking, and labeling, * * * * * active material. Each tube must he en­ and is exempt from the provisions of (e) The packaging must be designed, closed within a secondary, sealed metallic § 173.393, if the following conditions are constructed, and loaded so that during tube and further enclosed within strong m et: transport: tight outer packaging. ***** * * * * * (11) Any packaging as prescribed in (2) There must be no significant radio­ §§ 173.394(c), 173.395(c), or 173.396(0. active surface contamination on the ex­ (g) Liquid radioactive material must Authorized for not more than 25 pounds terior of the package. To determine be packaged in or within a leak-resistant of any material listed in paragraph (a) whether “significant,” the standard in and corrosion-resistant inner container. of this section including mixtures § 173.397 must be used. Except as provided in § 173.396(b) (7): thereof, and which may be in combina­ (1) The packaging must be adequate *' * * * * to prevent loss or dispersal of the radio­ tion with fissile or a large quantity of (4) The outer surface of the uranium active contents from the inner container radioactive material. or thorium is enclosed in a non-radio- if the package were subjected to the 30- * * * * t active, sealed, metallic sheath. foot drop test prescribed in § 173.398(c) In § 173.226, a note would be added (Note remains the same.) (2) (i) ; and following the heading to read as follows: * * ’ * * * * * * * * § 173.226 Thorium metal, powdered. In § 173.392, paragraphs (a) and (b) (j) Packages for which the radiation Note.—Thorium metal, a low specific ac­ would be amended; paragraphs (c) (9) dose rate exceeds the limits specified in tivity radioactive material, is also subject to and (d) (7) would be added to read as paragraph (i) of this section, but does the applicable provisions of §§ 173.389 follow s: not exceed at any time during transpor­ through 173.399. tation any of the limits specified in sub­ * * * * * § 173.392 Low specific activity radio­ active material. paragraphs (1) through (4) of this para­ In § 173.389, paragraphs (o) and (p) graph may be transported in a tra n sp ort would be added to read as follows: (a) Low specific activity (LSA) radio vehicle which has been consigned as a active materials, when transported on a full-load (except aircraft). Specific in­ § 173.389 Radioactive materials; defini­ transport vehicle, other than materials structions for maintenance of t h e fu ll­ tions. consigned as a full-load, are exempt load (sole use) shipment controls m ust * * * * * from the provisions o f § 173.393 (a) be provided by the shipper to the carrier. (0) “Full load” (also referred to as through (e) and (g). However, they must Such instructions must be included witn “sole use” or “exclusive use” ) means any be packaged in strong tight packages in hVin eViinnm nr Avm o fin n • accordance with § 173.24 and must be shipment: * * * * * (1) ,From a single consignor havingmarked and labeled as required in the exclusive use of a transport vehicle §§ 173.401 and 173.402. (3) Ten millirem per hour at any or of an aircraft, or of a hold or compart­ (b) LSA radioactive materials which point six feet from the vertical pl^ne® ment of an inland watercraft, or of a are transported in a transport vehicle projected by the outer lateral su rface

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29487 of the car or vehicle; or if the load is (6) Specification 21WC (§ 178.195 o f§ 173.396 Fissile radioactive material. transported in an open transport vehicle, this subchapter) wooden-steel protective * * * * * overpack, with a single inner Spec. 2R at any point six feet from the vertical (b) * * * planes projected from the outer edges (§ 178.34 o f this subchapter) or Spec. 55, inner packaging. Only use of existing (1) Specification 6L (§ 178.103 of this of the "vehicle. subchapter) metal packaging. See para­ (k) An inner containment system Spec. 55 container authorized; construc­ tion not authorized after (effective date graph (c)(1) of this section for author­ which is a separate unit o f any pack­ ized contents. aging must be securely closed by a posi­ of these amendments). Contents must tive fastening device which is independ­ be loaded within the inner packaging * * * * * ent of any part of the other packaging. to preclude loose movement during trans­ (6) Specifications 20PF-1, 20PF-2, or (l) Packages consigned for export are portation. The inner packaging must be 20PF-3 (§ 178.120 of this subchapter) or also subject to the regulations o f the securely positioned and centered within Spec. 21PF-1 or 2 (§ 178.121 o f this sub­ foreign governments involved in the the overpack by solid cushioning mate­ chapter) phenolic-foam insulated pro­ shipment. See §§ 173.8, 173.9, and 173.- rials so that there would be no significant tective overpacks, with snug-fitting in­ 393b. (The regulations of the Interna­ displacement of the inner packaging if ner metal cylinders meeting all of the tional Atomic Energy Agency (IAEA) the packaging were subjected to the 39- applicable requirements of §§ 173.24, are used by most foreign governments.) foot drop test described in § 173.398 173.393, and 173.398(b). Handling proce­ * # * * * (c) (1 ). dures and packaging criteria must be in (c) * * * accordance with USAEC Report No. (o) No person may offer for trans­ (4) Specification 20WC (§ 178.194 ofORO-651 or ANSI Standard N-14.1-1971. portation a package of radioactive ma­ this subchapter) wooden outer protective Quantities of uranium hexafluoride with terials until the temperature o f the pack­ jacket, with a single snug-fitting Spec. an atomic ratio of hydrogen to uranium aging system has reached equilibrium 55 inner packaging. Only use of existing not to exceed 0.088 are authorized as fol­ (see. also paragraph (e) of this section) Spec. 55 container authorized; construc­ lows, with each package to be shipped as unless, for thé specific contents, it has tion not authorized after (effective date Fissile Class II, and assigned a minimum been ascertained that the maximum ap­ of these amendments). Radioactive ther­ transport index as «indicated: plicable surface temperature limits can­ mal decay energy must not exceed 100 not be exceeded. watts. In § 173.394, paragraphs (a ), (b )(1 ), Maximum Maximum Maximum In § 173.395, paragraph (a) would be Protective inner weight XJ234 Fissile and (b) (2) would be amended; para­ overpack cylinder of UFt enrich­ class II graphs (b) (5 ), (b) (6 ), and (c) (4) would amended; paragraph (b) (4) would be specifica­ diameter contents ment transport be added to read as follow s: added to read as follows: tion No. (inches) (lbs.) (w/o) index § 173.395 Radioactive material in nor­ § 173.394 Radioactive material in spe­ 20PF-1 —; 1-5 65 100 0.1 cial form. mal form. 20PF-2...... 8 255 12.5 0.4 20PF-3...... - 12 460 6.0 1.1 (a) A Type A quantity of special form (a) A Type A quantity of normal form21PF-1 ___ ; 30 4960 6.0 6.0 radioactive material must be packaged radioactive material must be packaged as 21PF-2___30 6020 6.0 6.0 as follows: follow s: (1) Specification 7A (§ 178.350 of this (1) Specification 7A (§ 178.350 of this (7) A DOT Specification 6J (§ 178.100 subchapter) Type A general packaging. subchapter) Type A general packaging. of this subchapter) or 17H (§ 178.118 of Each shipper of a Spec. 7A packaging Each shipper of a Spec. 7A packaging this subchapter) 55-gallon steel drum, must maintain on file for at least one must maintain on file for at least one for transport o f not more than 350 grams year after the latest shipment, and be year after the latest shipment, and be of uranium-235 in any non-pyrophoric prepared to provide the Department, a prepared to provide the Department, a form, enriched to any degree in the U- complete certification and supporting complete certification, and supporting 235 isotope. Each drum must have a safety analysis demonstrating that the safety analysis demonstrating that the minimum 18-gage body and bottom head construction methods, packaging de­ construction methods, packaging design, and 16-gage removable top head, with sign, and materials of construction are in and materials of construction are in one or more corrugations in the cover compliance with the specification. compliance with the specification. near the periphery. Closure must con­ (2) Specification 55 metal encased (2) Specification 55 metal encased form to § 178.103-5 (a) of this subchap­ shielded container. Use o f existing con ­ shielded container. Use of existing con­ ter. At least four 0.5 inch diameter vent tainer authorized; construction not au­ tainer authorized; construction not au­ holes must be provided, equally spaced thorised after (effective date o f these thorized after (effective date of these on the sides of the drum near the top, amendments). amendments). For liquid contents the each covered with weatherproof tape, (3) Any Type B packaging pursuant provisions of § 173.393 (g) (1) and (g) (2) or equivalent device. Appropriate pri­ to paragraph (b) of this section. must also be met. mary inner containment of the contents (4) Foreign-made packagings which (3) Any Type B packaging pursuant to must be provided, such as plastic or bear the marking “ TYPE A.” paragraph (b) of this section. metal jars or cans, plastic wrapping. (b) * * * (4) Foreign-made packagings which Each inner container must be capable of (1) Specification 55 metal encased bear the marking “ TYPE A,” venting, in the event the package was shielded container. Authorized only for (b> * * * exposed to a severe fire (§ 173.398(c) (2) domestic shipments o f not more than (4) Specification 20WC (§ 178.194 o f (iii)). Additionally, liquid contents must 300 curies per package. Use of existing this subchapter) wooden outer protective be packaged in accordance with § 173.393 container authorized; construction not jacket, when used with a single, snug- (g) (2). The maximum weight of con­ authorized after (effective date of these fitting inner Spec. 2R (§ 178.34 of this tents, including internal packing must amendments). subchapter) or Spec. 55 inner packaging. n ot exceed 200 pounds, with fissile ma­ (2) Specification 6M (§ 178.104 o f this Only use of existing Spec. 55 container terial content limited as follows: subchapter) metal packaging. authorized; construction not authorized * * * * * after (effective date of these amend­ Maximum Minimum Maximum ments). For liquid contents the provi­ TJ2SS per transport index packages per (5) Specification 20WC (§ 178.194 o f package per package as transport vehicle sions o f § 173.393 (g) (1) and (g) (2) must (grams) fissile class II as fissile class II this subchapter) wooden-steel protective also be met, with respect to the inner jacket, with a single snug-fitting inner packaging. 360 1.8 72 'Type A packaging which has a metal ***** 300 1.0 129 outer wall and conform s to § 178.350 o f 260 0.6 266 this subchapter or Specification 55. Only In § 173.396, paragraphs (b )(1 ), (c) 200 0.3 600 160 0.1 600 use of existing Spec. 55 container au­ (1), and (c) (2) (ii) would be amended; 100 0.1 600 thorized; construction not authorized* paragraphs (b)(6), (b)(7), (b)(8), (c) 60 « 0) after (effective date of these amend­ (5), (f)(1), (f)(2), and (f)(3) would be ments) . added to read as follows: t Fissile class L

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29488 PROPOSED RULES

(8) Any metal cylinder which meetssubchapter) metal packaging: Author­ (2) Shipments of combinations of Fis­ the performance requirements for a ized only for uranium-233, uranium-235, sile Class II and Fissile Class XU pack­ Spec. 7A Type A packaging (see plutonium-239 or 241, as metal, oxide, or ages are also authorized provided that: §§ 173.395(a) (1) and 178.350) for the compounds which will not decompose at (i) Each Fissile Class HE package has transport of residual “heels” of enriched temperatures up 300° F. (149° C.) in ac­ a transport index value assigned to it; solid uranium hexafluoride without a cordance with the following: (ii) No single Fissile Class III package protective overpack, are authorized as (i) Fissile Class I packages. The fol­ has a transport index value exceeding Fissile Class X packages, in accordance lowing quantity of fissile radioactive 50; with the following: material is authorized for Fissile Class I (iii) The total of the transport in­ packages; 2.5 kilograms U-235; 1.5 kilo­ dexes of all packages in the shipment Maximum Maximum “heel” grams of plutonium (except phitonium- does not exceed 100; and Maximum Cylinder U288 weight per 238, which is not authorized); or 1.0 (iv) The shipment is transported as cylinder volume enrichment cylinder diameter (cubic (weight ------:------kilograms of uranium-233. The maxi­ a Fissile Class EEI shipment pursuant to (inches) feet) percent) (lbs. UF8) Kgs. U235 mum ratio of hydrogen to fissile material paragraph (g) of this section. must not exceed three, all sources of (3) The provisions of paragraphs (f) •6 0.311 100.0 0.1 0.031 hydrogen within the Spec. 2R inner con­ (1) and (2) of this section do not apply 8 1.369 12.5 0.5 0.019 tainment vessel being considered. to shipments transported by water. 12 2.410 5.0 1.0 0.015 30 25.64 6.0 25.0 0.383 (ii) Fissile Class II and III packages. , § 173.397 would be amended to read as The following quantities of fissile radio­ follow s: (C) * * * active materials are authorized under the § 173.397 Contamination control. (1) Specification 6L (§ 178.103 of this Fissile Class II and III conditions listed: (a) Removable (non-fixed) radioac­ tive contamination is considered signifi­ T a b l e o f A u t h o r iz e d C o n t e n t s 1 cant if the level of contamination, when averaged over any area of 300 square Uranium-235 8 Plutonium 8 Fissile class HI Fissile class n maximum number centimeters of any part of the package H /X <3 3

1 Quantity in kilograms. Natural or depleted ura­ 2 All sources of hydrogen within the inner containment vessel must be considered in determining the H/X ratio nium and natural tho­ of inner containment vessel. rium * Volume not to exceed 3.6 liters. Beta-gamma...... IO"8 2200 Alpha.______10-4 220 ( 2) * * * the maximum number of similar pack­ All other beta-gamma emit­ ting radionuclides...... 10-4 220 (ii) Fissile Class II and HI packages.ages per transport vehicle is shown. Each All other alpha emitting Quantities of fissile radioactive material Fissile Class H shipment is also subject ■ radionuclides______io-8 22 as shown in the following table are au­ to paragraph (g) of this section. For a thorized for a Fissile Class II and Fissile uranium-233 shipment, the maximum , (l) In assessing the surface contami­ Class III package. Where a maximum inside diameter of the inner containment nation of a package, a sufficient number ratio of hydrogen to fissile material is vessel must not exceed 4.75 inches. of wipe samples must be taken in the specified in the table, only the hydrogen Where necessary, a tight fitting steel in­ most appropriate locations so as to yield interspersed with the fissile material sert must be used to reduce a larger a representative assessment of the con­ need be considered. For a Fissile Class n diameter inner containment vessel speci­ tamination situation. The average package, the m in im um transport index fied in § 178.104-3 (b) of this subchapter amount of removable (non-fixed) radio­ to be assigned is shown in the following active contamination may be determined table. For a Fissile Class HI package, to the 4.75 inches limit. by wiping the external surface of the

T a b l e o f A u t h o r iz e d C o n t e n t s package with an absorbent material, using moderate pressure, and then meas­ Uranium-235 8 Uranium-235 4 Plutonium *•3. 4 Fissile uring the activity on the w iping material. Fissile Class III, If the measured activity per square cen­ Metal or Compounds Metal or . Compounds Metal or Compounds Class II maximum timeter does not exceed 10 percent of the alloy alloy alloy transport number of index packages levels prescribed above, it may be as­ H /X=0 H/X=0 H/X=3 H/X=0 H /X=0 H /X =3 H /X=0 H /X=0 H /X=3 per transport vehicle sumed that those levels have not been exceeded. ; (b) W hen radioactive materials pack­ 3.6...... 4.4 2.9 7.2 7.6 5.3 3.1 4.1 3.4 0.1 1,250 » 4.2...... 5.2 3.6 8.7 9.6 6.4 3.4 4.5 4.1 0.2 625 ages are consigned as a full load, as de­ * 5.2...... 6.8 4.5 11.2 13.9 8.3 4.2 4.5 0.5 250 fined in § 173.389(0), removable (non- 1&5 16.0 10.1 4.5 1.0 125 26.0 16.1 5.0 25 fixed) radioactive contamination is con­ 32.0 19.5 10.0 12 sidered to be significant if the level of contamination exceeds 10 times that as 1 Quantity in kilograms. specified in paragraph (a) o f this section. * M in im u m percentage of plutonium-240 is 6 weight percent. (c) Each transport vehicle used for 8 4.6 kilogram limitation of plutonium due to 10 watt decay heat limitation. 4 For a mixture of uranium-236 and plutonium an equal amount of uranium-236 may be substituted for any portion transporting radioactive materials as a of plutonium authorized. . , , , , . . . . ,. , full load, as defined in § 173.389(o), must 8 M arim nm inside diameter not to exceed 4.76 inches (see paragraph (c) (2) (ii) of this section). 8 Granulated or powdered metal with any particle less than 0.25 inch in the smallest dimension is not authorized. be surveyed with appropriate radiation detection instruments after each use. A (5) Specification 20PF-1 through 3 ( f ) * * * vehicle may not be returned to serviee (§ 178.120 of this subchapter) or Speci­ (1) Transportation of packages au­ until the radiation does rate at any ac­ fication 21PF-1 or 2 (§ 178.121 o f this thorized as Fissile Class II is also au­ cessible surface is 0.5 millirem per hour subchapter) phenolic-foam insulated thorized as Fissile Class HE under the or less, and there is no significant remov­ conditions prescribed in paragraph (g) able radioactive surface contamination, protective overpacks. (See paragraph (b) of this section. The total of the trans­ (6) of this section for authorized use.) port indexes for all packages in the ve­ as defined in paragraph (a) of this hicle must not exceed 100. section.

FEDERAL REGISTER, VOL. 38, NO. 205— -THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29489

In § 173.398, Notes 1 and 2 would be shipment must also be marked “USA” in individual packages does not exceed 50. added following paragraph (a) (4) to conjunction with the specification This provision does not apply to sole- read as follows: marking, special permit, or other pack­ use shipments described in § 173.393(j), age » certificate identification. (See 173.396(f), or 173.392 of this subchapter. § 173.398 Special tests. §§ 173.393a and 173.393b.) ( 2) * * * (a) * * * In § 173.404, paragraph (a) would be N o t e 2.—Where more than one group of (4) * * * amended to read as follows: packages is present in any storage location, a single group may not have a total transport N o t e 1.—Each, shipper of special form § 173.404 Labels. radioactive material shall maintain on file index greater than 50. Each group of pack­ for at least one year after the latest ship­ (a) A person who offers for trans­ages must be handled and stowed not closer ment, and be prepared to provide the Depart­ portation a package containing hazard­ than 20 feet to any other group. ment, a complete certification and support­ ous material shall conspicuously label it * * * ♦ * ing safety analysis (see Note 2) demonstrat­ in compliance with the requirements of ing that the special form material meets the this Part. The applicable information as PART 175— CARRIERS BY RAIL EXPRESS requirements of paragraph (a) of this sec­ required in any blank spaces on the label In § 175.652a, paragraph (c) would be tion. amended to read as follows: N o t e 2.—Prior to the first shipment of a must be inserted by legible printing, us­ special form radioactive material outside of ing a durable, waterproof means of § 175.652a Shipping papers. the USA, each shipper shall obtain a Certifi­ marking. Labels should be applied to ***** cate of Competent Authority for the specific that part of the package bearing the material. Each petition must be submitted in consignee’s name and address. (c) Waybills or delivery sheets used as accordance with § 173.393b (b) and ( c ) ; and * * * * * waybills, or other billing issued in place must additionally include the following in­ thereof, prepared from the shipping formation: In § 173.416, paragraph (d) would be papers, and the transfer sheet or inter­ added to read as follows: (i) A detailed description of the mate­ change record used for transferring such rial, or if a capsule, the contents. Partic­ § 173.416 Radioactive materials labels. shipments to a connecting carrier, must ular reference must be made to both * * * * * contain the information required in physical and chemical states; (d) The following requirements applyparagraphs (a) and (b) of this section. (ii) A detailed statement of the design to completion of the items of informa­ Additionally, in the case of radioactive of any capsule to be used, including com­ tion in the blank spaces of the labels materials, each such waybill, delivery plete engineering drawings and schedules specified in this section: sheet, or other billing and such transfer of material, and methods of construc­ (1) “Contents”—The name of the ra­ sheet or interchange record must also tion; dionuclide, as taken from the listing contain all the information provided pur­ (iii) A statement of the tests which of radionuclides in § 173.390 (symbols suant to § 173.427(a) (5) of this sub­ have been done and their results, or evid­ are authorized, i.e., Mo-99, Co-60, etc.). chapter. ence based on calculativo methods to For mixtures of radionuclides, the most In § 175.655 paragraph ( j) (1) would show that the material is capable of restrictive radionuclides must be listed be amended; Note 2 would be added fol­ meeting the tests, or other evidence that as space on the label allows. lowing paragraph (j) (2) Note 1 to read the special form radioactive material (2) “Number of curies”—Units may as follows: meets the requirements o f paragraph also be expressed in appropriate curie § 175.655 Protection of packages. (a) (1) thru (4) of this section. units, i.e., curies (Ci), millicuries (mCi) ***** * • * * * * or microcuries (uCi) (abbreviations are (j) * * * In § 173.399, paragraph (a) (3) (ii) authorized). For a fissile material, the weight in grams or kilograms of the (1) The number of packages of radio­ would be amended; paragraph (a) (3) active materials, as provided in §§ 173.- (iii) would be deleted as follows: fissile radioisotope may be inserted. (3) “Transport index”—(See § 173.- 393 through 173.396 o f this subchapter, § 173.399 Labeling of packages of radio­ 389 (i).) in any rail car or storage location, must active materials. be limited so that the total transport in­ PART 174— CARRIERS BY RAIL FREIGHT (a) * * * dex number, as defined in § 173.389(1) of (3) * * * . In § 174.584, paragraph (i) would be this subchapter and determined by add­ (ii) Each package containing a large added to read as follows : ing together the transport index numbers on the labels of the individual packages quantity of radioactive material as de­ § 174.584 Waybills, switching orders, or fined in § 173.389(b). does not exceed 50. This provision does other billing. not apply to sole-use shipments described (iii) Deleted. * * * * * * * * * * in § 173.393(j ), 173.396(f), or 173.392 of (i) For shipments of radioactive ma­ this subchapter. In § 173.401, paragraph (f) would be terials, the waybill, manifest, or other added to read as follow s: (2) » * * billing as prepared from the shipper’s N o t e 2.—Where more than one group of § 173.401 Hazardous materials. papers, must additionally contain all the packages is present in any storage location, ***** information provided pursuant to § 173.- a single group may not have a total transport (f) Additional markings on packages427(a)(5) of this subchapter. index greater than 50. Bach group of pack­ In § 174.586, paragraph (h) (1) would ages must be handled and stowed not closer containing radioactive materials are re­ than 20 feet to any other group. quired as follow s: he amended; Note 2 would be added fol­ (1) Each package of radioactive lowing paragraph (h) (2) Note 1 to read # * * * # materials in excess of 110 pounds must as follows: have its gross weight plainly and durably § 174.586 Handling hazardous mate­ PART 177— SHIPMENTS MADE BY WAY marked on the outside o f the package. rials. OF COMMON, CONTRACT, OR PRIVATE (2) Each package of radioactive mate­ ***** CARRIERS BY PUBLIC HIGHWAY rials which conform s to the requirements In § 177.817, the introductory text of for Type A or Type B packaging (h) * * * paragraph (a) would be amended to read (§§ 173.389 (j) and (k) and 173.398 (b) (1) The number of packages of ra­ as follows: mid (c)) must be plainly and durably dioactive materials, as provided in marked on the outside o f the package in §§ 173.393 through 173.396 of this sub­ § 177.817 Shipping papers. letters at least % inch high, with the chapter, in any rail car or storage loca­ (a) A carrier may not accept for trans­ words “ TYPE A” or “ TYPE B” as ap­ tion, must be limited so that the total portation nor transport* any hazardous propriate. A packaging which is not in transport index number, as defined in material subject to the regulations in compliance with these requirements § 173.389(1) of this subchapter and de­ this subchapter unless that material must not be so marked. Each package o f termined by adding together the trans­ is described on the shipping paper hazardous materials destined for export port index numbers on the labels of the by the shipping name prescribed in

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29490 PROPOSED RULES

§ 172.5 of this subchapter and by the and 178.195 would be added to read as § 178.34—4 Closure devices. classification prescribed in § 172.4 o f this follow s: (a) Each closure device must be as subchapter. A further description con­ Sec. follow s: sistent therewith may be included. Ab­ 178.34 Specification 2R; inside contain­ (1) Screw-type cap or plug; number of breviations may not be used. The total ment vessel. threads per inch must not be less than quantity by weight, volume, or as other­ 178.120 Specification 20PP phenolic-foam insulated, metal overpack. United States standard pipe threads and wise appropriate, must be shown. Addi­ must have sufficient length of thread to tionally, in the case of'a radioactive ma­ 178.121 Specification 21PF fire and shock resistant, phenolic-foam insu­ engage at least 5 threads when securely terial shipment, each shipping paper lated, metal overpack. tightened. Pipe threads must be luted must include all the information pro­ 178.194 Specification 20WC wooden protec­ with an appropriate non-hardening com­ vided pursuant to § 173.427(a) (5) of this tive jacket. pound which must be capable of with­ subchapter. 178.195 Specification 21WC wooden-steel standing up to 250° P. (121° C.) without * * * * ♦ protective overpack. loss of efficiency. Tightening torque must In § 177.834, paragraph (a) would be § 178.34 would be amended to read as be adequate to maintain leak tightness amended to read as follows : follow s: with the specific luting compound. (2) An opening may be closed by a § 177.834 General requirements. § 178.34 Specification 2R; inside con­ securely bolted flange and leak-tight (a) Packages secured in a vehicle.— tainment vessel. gasket. Each flange must be welded or Any tank, barrel, drum, cylinder, or other § 178.34—1 General requirements. brazed to the body of the 2R vessel per packaging, not permanently attached to (a) Each vessel must be made of stain­ American National Standards institute a motor vehicle, which contains any less steel, malleable iron, or brass, or (ANSI) Standard B16.5 or American flammable liquid, compressed gas, corro­ other material having equivalent physical W ater Works Association v (AWWA) sive material, poisonous material, or strength and fire resistance. radioactive material must be secured (b) Each vessel must meet all of the Standard C207-55, section 10. A torque against movement within the vehicle on applicable requirements of §§ 173.24(c) wrench must be used in securing the which it is being transported, under con­ and (d) of this subchapter. Letters and flange with a corresponding torque of no ditions normally incident to transpor­ numerals at least ^4-inch in height are more than twice the force necessary to tation. authorized for the marking of a vessel seal the selected gasket. Gasket material * * * * * not exceeding 2 inches inside diameter. must be capable of withstanding up to In § 177.842, paragraphs (a) and (b) § 178.34—2 Manufacture. 250° P. (121° C.) without loss of effici­ would be amended to read as follows: The ends of the vessel must be fitted ency. The flange, whether of ferrous or § 177.842 Radioactive material. with screw-type closures or flanges (see nonferrous metal, must be constructed (a) The number of packages of radio­ § 178.34-4), except that one or both ends from the same metal as the vessel and active materials, as provided in §§ 173.393 of the vessel may be permanently closed must meet the dimensional and fabrica­ through 173.396 of this subehapter, in by a welded or brazed plate. Welded or any rail car or storage location, must be brazed side seams are authorized. tion specifications for welded construc­ limited so that the total transport index tion as follows: * number, as defined in § 173.389 (i) of this § 178.34—3 Dimensions. (i) Pipe flanges described in Tables subchapter and determined by adding (a) The inside diameter of the vessel 13, 14, 16, 17, 19, 20, 22, 23, 25, and 26 of together the transport index numbers on may not exceed 12 inches, exclusive of ANSI B16.5. the labels of the individual packages does flanges for handling or fastening devices (ii) For nominal pipe sizes 6, 8, 10, not exceed 50. This provision does not and must have wall thickness and length apply to sole-use shipments described in and 12 inches, AWWA Standard C207-55, § 173.393(j), 173.396(f), or 173.392 of in accordance with the following: Table 1, class B, may be used in place of this subchapter. the tables prescribed by paragraph Wall thickness minimum (b) Packages of radioactive material Inside diameter (inch) maxi- (a) (2) (i) of this section. bearing “radioactive yeUow-H” or “ra­ uajuuuui ------mum (iii) Sizes under 6 inches, nominal (inches) Threaded Flanged dioactive yellow-ni” labels must not.be closure closure imcnes; placed in a motor vehicle or in any other pipe size, the following table with the place closer than the distances shown in same configuration as illustrated in 2______' H* Not less than 16 AWWA C207-55, Table 1, class B, may the following table to any area which 6______H that pre- 7 2 may be continuously occupied by passen­ 12...... H scribed for 72 be used in place of paragraph (a) (2) (i) scheduled gers, employees, or shipments of animals, pipe. o f this section. nor closer than the distances shown in the table below to any package contain­ Nominal pipe Flange Number Bolt circle Diameter Flange ing undeveloped film (if so marked) . If size O.D. of diameter of bolts thickness more than one of these packages is pres­ (inches) (inches) bolts (inches) (inch) (inch) ent, the distance shall be computed from the following table on the basis of the ? 6 4 4M 4 total transport index number (deter­ • m 7 m Hi 3 m 4 6 Vi mined by adding together the transport m 8 7 Vi index numbers on the labels of the indi­ \ ~ 9 8 7M Vi vidual packages) or packages in the ve­ « . 10 8 m Vi hicle or storeroom. Where more than one group of packages is present in any single (iv) Cast iron flanges prohibited. § 178.103—2 Rated capacity. storage location, a single group may not ■ In § 178.103, §§ 178.103-1, and 178.103- * * * * • have a total transport index-greater than 3 would be amended; paragraph (a) in (b) The authorized maximum gross 50. Each group of packages must be han­ §§ 178.103-4, and 178.103-5 would be dled and stowed not closer than 20 feet weight o f the package is 350 pounds for amended; in § 178.103-2 paragraph (b) sizes not over 55 gallons, or 480 poun ds to any other group. would be added to read as follows: * * * * * for sizes over 55 gallons but not over 110 § 178.103 Specification 6L; metal pack­ gallons. agin g. PART 178— SHIPPING CONTAINER § 178.103—3 General construction re­ SPECIFICATIONS §178.103—1 General requirements. quirements. In Part 178 Table of Contents, § 178.250 Each packaging must meet the appli­ (a) The outer shell must be of straight would be deleted; § 178.34 would be cable requirements o f § 173.24 o f this sided steel, with welded body sea m s and amended; §§ 178.120, 178.121, 178.194, subchapter. at least 18-gage body and bottom head

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29491 sheets, and 14-gage removable head must be welded to the outer shell by at (2) Each drum must have at least four sheets (unless there are one or more cor­ least 6 equally spaced welds on each edge 0.5-inch diameter vent holes, located on rugations in the cover near the periph­ of the top band, such that the inner ves­ the sides of the drum, near the top, each ery, in which case 16-gage is authorized). sel is fixed at least 2.25 inches from the covered with a weatherproof tape, fusible The shell may be either a single sheet of top and bottom of the drum. The spacer plug, or equivalent device. steel or may be fabricated by welding to­ mechanism must be welded as specified (b) Inner containment vessel must gether two appropriate lengths o f 55- near each end of the containment vessel conform to Specification *2R or equiva­ gallon drums, such as a DOT Spec. 6J or so as not to interfere with the vessel lent, with maximum usable inside diam­ 17H, with rolled or swedged in hoops as closure. For a packaging greater than eter of 5.25 inches, minimum usable in­ prescribed for either of those specifica­ 55-gallon capacity, the additional spacer side diameter of 4 inches, and minimum tions. The head must be convex mechanism must be located at approxi­ height o f 6 inches. (crowned), not extending beyond the mately mid-point along the length of the (c) Inner containment vessel must be level of the chime, with a minimum con­ inner vessel. fixed within the outer shell by one of the vexity of % -inch. The inside diameter of (d) The void between the inner con­following types of solid centering mtedia: the shell must be at least 22.5 inches. tainment vessel and the outer shell must (1) Machined discs and rings made of (b) Inner containment vessel must be completely filled with bagged or solid industrial cane fiberboard having a conform to Specification 2R (except that tamped vermiculite (expanded mica), density of at least 15 pounds per cubic cast iron is not authorized), with a max­ with a density of at least 4.5 pounds per foot; fitted such that the clearances be­ imum usable inside dimension o f 5.25 cubic foot. Loose, untamped vermiculite tween the fiberboard, inner vessel, and inches, maximum height of 50 inches is not authorized. shell do not exceed %-inch; or (2) Hardwood or plywood at least %- (with caps in place) and minimum wall- § 178,103-4 Welding. thickness of 0.25 inch. inch thick, having a density of at least 28 (c) Inner containment vessel must be Welding must be of material having a pounds per cubic foot. The sides of the fixed within the outer shell by one of the melting point in excess o f 1475° F. (ex­ inner vessel must be protected by at least following types of centering devices: cept that for packages constructed prior 3.75 inches of insulation media, and the (1) At least 8 steel rod spacers, of at to (effective date of this amendment), ends with at least the thickness as pre­ least 0.25 inch diameter (fo r packages of this temperature may be 1000° F .), with scribed in § 178.104-3(a)*(l). There must 55-gallon capacity) or 0.375 inch diame­ a joint efficiency of at least 0.85. be no gap or direct heat path from the shell to the inner vessel. ter (for packages with greater than 55- § 178.103—5 Closure. ***** gallon capacity) cold rolled steel, welded (a) The outer drum closure must be at to the vessel at each end by minimum least a 12-gage bolted ring with drop (e) For a packaging having an au­ 2-iiich continuous weld. Each rod must forged lugs, one of which is threaded, thorized gross weight in excess o f 480 be welded to the vessel at radial positions and having at least a %-inch diameter pounds, a steel bearing plate, at least 0.25 not exceeding 45 degrees as not to inter­ steel bolt, and a lock nut, or equivalent inch thick, and at least 10 inches in fere with closure of the inner vessel. device. diameter must be provided at both ends Each spacer rod must extend at least and adjacent to the specification 2R 2.25 Inches beyond the inner vessel at ♦ * * * * inner containment vessel, to provide ad­ each end, then radially to the wall of In § 178.104, paragraphs (a ), (b ), and ditional load-bearing surface against the the outer drum (to provide a springlike (c) in § 178.104-3 would be amended, and insulation-centering medium. snug fit) and along the entire length of paragraph (e) would be added to read as follow s: § 178.120 would be added to read as the wall of the outer drum. For a packag­ follow s: ing of more than 55-gallon capacity, § 178.104 Specification 6M ; metal pack­ each spacer rod must be braced by weld­ aging. § 178.120 Specification 20PF phenolic- ing a 0.25 inch by 2-inch steel plate to * * * * * foam insulated, metal overpack. the spacer rod and the pipe with a con­ § 178.120—1 General requirements. tinuous weld at each joint, the joints § 178.104—3 General construction re­ being located approximately halfway quirements. (a) Each overpack must meet all of along the length o f the drum. (a) The outer shell must be of straight­ the applicable requirements o f § 178.24 of (2) * * * sided steel, with welded body seams, and this subchapter. (i) 1 inch by I inch by %-inch steel may be either a single sheet of steel, or (b) The maximum gross weight of the angle iron. for the 110-gallon size may be fabricated package, including the inner cylinder (ii) 1 % inches by 1% inches by %e- by welding together two appropriate and its contents, must not exceed the inch steel angle iron. lengths of 55-gallon drums, such as a follow ing: DOT Spec. 6C or 17C, with each length (1) Spec. 20PF-1—300 pounds. (iii) 1 inch schedule 40 steel pipe. (2) Spec. 20PF-2—700 pounds. * * * * * to contain 3 wedged or rolled rolling hoops as prescribed for either of these (3) Spec. 20PF-3— 1000 pounds. (3) There must not be less than 2specifications. A removable head for a (c) The general configuration of the spacer mechanisms for a packaging of packaging of 55 gallons or larger volume overpack must be a right cylinder, con­ 55-gallon capacity nor less than 3 spacer must have one or more corrugations in sisting of an insulated base section, a mechanisms for a packaging greater the cover near the periphery. For a pack­ steel liner lid, and an insulated top sec­ than 55-gallon capacity. Each spacer aging exceeding 15 gallons volume, the tion. The inner liner and outer shell mechanism must consist of not less than head must be crowned (convexed), not must be at least 16-gage and 18-gage 6 steel angles, pipe, or rod radial sup­ extending beyond the level of the chime, steel, respectively, with the intervening ports of at least 0.42 square inch cross- with a minimum convexity of %-inch. cavity filled with a molded-iii-place, section. Each radial support must be (1) The maximum authorized gross fire-resistant, phenolic-foam insulation welded at one end to the containment weight, metal thickness, and minimum interspersed with wooden members for vessel by a continuous weld or to an inner end insulation thickness for the marked bracing and support. Wood pieces must steel band of at least %-inch by 1 inch volume is as follows: be securely attached to both the liner by a continuous weld at radial positions and shell. No hole is permitted in the not exceeding 60 degrees from the center Marked Maximum Minimum Minimum liner. Each joint between sections must of the package. The inner band, when capacity authorized thickness of thickness be stepped a minimum of 2 inches and used, must be welded to the inner con­ (gallons gross weight uncoated ' of end gaps between mating surfaces must not not over) (pounds) sheets and Insulation tainment vessel by at least 6 equally heads (gage) ' (inches) exceed 0.2 inch. Gaps between foam sur­ spaced 2-inch welds on each edge of the face of top section and liner lid must not band. The opposite end of the radial i 15 160 20 1.88 exceed 0.4 inch, or 2 inches where taper support must be welded by a continuous 30 480 18 3.75 is required for mold stripping. For the weld to an outer steel band of at least 55 640 16 3.75 110 640 16 3.75 Spec. 20PF-1, the top section may con­ 74-inch by 1 inch. The outer steel band sist of a plug of foam insulation and a

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 No. 205- 29492 PROPOSED RULES steel cover. The liner and shell closures holes, which must be drilled in all areas soapsuds, heavy oil,, or equivalent mate­ must each be gasketed against moisture of the shell which mate with the foam rial, and interior air pressure applied to penetration. The liner must have a bolted insulation, must be spaced in accordance at least 15 p.s.i.g. Pressure must be held flange closure. Shell closure must con­ with CAPE-1662. for at least 30 seconds. Liners failing to form to § 178.117-8(b). (e) Welding must be by a fusion weld­ pass this test may not be used until re­ (d) Drawings in CAPE-1662, whiching process in accordance with American pairs are made, and. retests successfully include bills of material are a part of- Welding Society Codes B-3.0 and D-1.0. passed. this specification. Body seams and joints for the liner or § 178.120—4 Required markings. shell must be continuous welds. § 178.120—2 Materials of construction (a) Marking must be as prescribed in and other requirements. (f) Waterproofing—Each screw hole in the outer shell must be sealed with ap­ § 173.24 of this subchapter. (a) Phenolic foam—Insulation must propriate resin-type or equivalent seal­ (b) Marking on the outside of each be fire-resistant, phenolic foam which ing material during installation of the overpack must be as follows: has been fabricated in accordance with screw. All exposed foam surfaces, includ­ (1) “USA-DOT-20PF-1” or “-2,” as USAEC Material and Equipment Specifi­ ing any vent hole, must be sealed with appropriate, and if the entire liner is cation SP-9, which is a part of this water-proofing material as prescribed in made of stainless steel, additional mark­ specification. A 5-inch minimum thick­ USAEC Spec. SP-9, Rev. 1, or equivalent. ing such as “304L-SS” to indicate the ness of foam must be provided over the type of stainless steel used. entire liner except: §178.120-3 Tests. (2) -“ TARE W T: xxxlbs.” where xxx (1) Where wood spacers replace the (a) Leakage test—Each inner liner as­ is the tare weight of the assembled over­ foam ; or sembly must be tested for leakage prior pack without the inner container. (2) At protrusions of liner or shell, (3) Year of manufacture., such as flanges, baffles, etc., where mini­ to installation. Seam welds of the liner mum insulation thickness is 3.5 inches; must be covered for a distance of at least § 178.120—5 Typical assembly detail. or 6 inches on either side of the seam with (a) Spec. 20PF-1. (3) Where alternate top section (Spec. 20PP-1) is used. Foam must not interfere with proper seating of screws in inner liner flange assembly. Average density of insulation must be 8 pounds per cubic foot (pcf) minimum for bot­ tom section and 10 pcf minimum for top section, except 6.5 pcf for the Spec. 20PF-1 top section. (b) Gaskets must be as follows: (1) Inner liner flange—Neoprene rub­ ber o f 30 to 60 type A durometer hard­ ness or other equivalent gasket material which is compatible with the specific contents. (2) Outer shell—Synthetic rubber conforming to MIL-R-6855, (available from the Naval Publications Forms Center, 5801 Tabor Avenue, Philadelphia, Pennsylvania 19120) Class 2, grade 60. (3) Support and pressure pads for in­ ner liner top and bottom must be sponge rubber or equivalent. (c) Alternate top section (Spec. 20PF- 1 only). Average insulation density must be 10 pcf minimum. Thickness of plug must be 4.3 inches minimum, except thickness may be reduced to 4 inches to clear bolt heads. A flush mounted top lifting device must be securely fastened to a wood block encapsulated by the foam . (d) Vent holes (0.2 inch diameter) must be drilled in the outer shell to pro­ vide pressure relief during the insulation foaming and in the event of a fire. These

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29493

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29494 PROPOSED RULES

not exceed 0.2 inch. Bolted closures, which must each be gasketed against moisture penetration, must be in accord­ ance with CAPE-1662. Each bolt must be equipped with a locking device to prevent loosening from vibration. Outer steel bracing and support framework must be attached to the shell to facilitate nor­ mal handling. (d) Drawings in CAPE-1662, which include bills of material, are a part of this specification. § 178.121—2 Materials of construction and other requirements. (a) Phenolic foam—Insulation must be fire resistant, phenolic foam which has been fabricated in accordance with USAEC material specification SP-9, Rev. 1, which is a part o f this specification. A 5.5 inch minimum thickness of foam must be provided over the entire liner, except where: (1) Wood spacers replace the foam material; or (2) At protrusions of liner or shell, such as flanges, baffles, etc., where the minimum thickness o f foam, wood, or a combination of these is 4 inches. (3) Solid wood or laminated wood solidly glued may be used to replace the foam between liner and shell (i.e., in ends of overpack). In this case, mini­ mum wood thickness is 4 inches. Average density of insulation must be 6.75 pounds per cubic foot (pcf) minijnum, except that 8 p cf is required in the removable end cap erf the spec. 21PF-2, which must have a minimum foam thickness of 5 inches. (b) Gaskets for inner liner, outer shell, or where ’otherwise specified in CAPE-1662, must be of vinyl foam tape, single coated, or % -in ch thick expanded rubber, per ASTM D1056, type R or S, grades 41 to 43, with adhesive backing, or equivalent. (c) Support and pressure pads for the inner liner must be of neoprene, sponge rubber, or equivalent. (d) Fire retardant (intumescent) paint must be applied to any wood block­ ing which is located at any joint in the shell. (e) Vent holes (0.2 inch diameter) must be drilled in the outer shell to provide pressure relief diming the insula­ tion foaming and in the event of a fire. These holes, which must be drilled in all areas of the shell which mate with the foam insulation, must be spaced in ac­ cordance with CAPE-1662. § 178.121 Specification 21PF fire and gage) and steel outer shell (at least 14- (f) Welding must be by a fusion proc­ shock resistant, phenolic-foam insu­ gage) with the intervening cavity filled ess in accordance with the American lated, metal everpack. with a molded-in-place, fire resistant, Welding Society Code. Body seams and phenolic foam insulation and inter­ § 178.121—1 General requirements. spersed wooden members for bracing and joints for the liner and shell must be (a) Each overpack must meet all of support. Two specific configurations are continuous welds. the applicable requirements o f § 173.24 authorized; a horizontal loading unit (g) Waterproofing—Each screw hole of this subchapter. (spec. 21PF-1) consisting of insulated in the outer shell must be sealed with (b) Each overpack is authorized for base and top sections jointed in a longi­ appropriate resin-type or equivalent tudinal peripheral closure joint; or an use in applications where the maximum sealing material during installation of gross weight of the package, including end-loading unit (spec. 21PP-2), consist­ the screw. All exposed foam su rfaces the inner container and contents does ing of an insulated main section, a steel not exceed 8,200 pounds (horizontally- plate liner lid, and an insulated end cap. including any vent hole, must be sealed loaded spec. 21PF-1 u n it), or 8,600 For either type each joint between sec­ with waterproofing material as pre­ pounds (end-loaded spec. 21PP-2 unit). tions must be stepped at least 0.75 inch scribed in USAEC Material and Equip­ (c) The general configuration of the and gaps between mating surfaces may ment Specification SP-9, or equivalent.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29495

§ 178.121—3 Required markings. as “304L-SS” to indicate the type of § 178.194 would be added to read as stainless steel used. follow s: (a) Markings must be as prescribed (2) “TARE WT: xxx lbs.” where xxx in § 173.24 of this subchapter. § 178.194 Specification 20WC wooden is the tare weight of the assembled over­ protective jacket. (b ) Marking on the outside of each- pack without the inner container. o v e r p a c k must be as follow s: (3) Year o f manufacture. § 178.194-1 General requirements. (1) “USA-DOT-21PF-1” or “-2”, as § 178.121—4 Typical assembly detail. (а) Each jacket must meet the appli­ appropriate, and, if the inner shell is of (a) Spec. 21PF-1 (horizontal loadingcable requirements o f § 173.24 o f this stainless steel, additional marking such overpack). subchapter. Ob) Maximum gross weight of the I46A. STEEL .a I60A. jacket plus the contents may not exceed the following: (1) Spec. 20W C-1: 500 pounds. (2) Spec. 20W C-2: 500 pounds. (3) Spec. 20W C-3: 1,000 pounds. (4) Spec. 20W C-4: 2,000 pounds. (5) Spec. 20WC-5.: 4,000 pounds. (б) Spec. 20WC-6: 6,000 pounds. § 178.194-2 Materials of construction. (a) The general configuration of the wooden protective jacket must be a hol­ low cylindrical shell constructed of one- piece discs and rings of plywood or solid hardwood reinforced with steel rods. (1) The spec. 20WC-2 must be addi­ tionally completely encased, snugly fit, within an 18-gage steel shell. The steel shell must be provided with at least four 0.25 inch diameter vent holes. Each hole (b) Spec. 21PF-2 (end loading overpack). must be covered with durable weather­ proof tape, or equivalent device. (2) The spec. 20WC-6 jacket must be additionally completely encased, snugly- fit; within a 12 gage steel shell. The steel shell must be provided with at least i- RUBBER GASKET twelve 0.5 inch diameter vent holes, lo­ cated in 3 rows of 4 holes each, spaced at 90° intervals near the top, middle, and bottom of the drum. Each hole must be covered with durable weatherproof tape, FIRE RESISTANT PHENOLIC FQAM or equivalent device. (b) Plywood must be exterior-grade, 6 "t SCH. 40 PIPE void-free, Douglas fir (or equivalent) not more than 1 inch thick. Solid hard­ wood is authorized for spec. 20WC-2 only. (c) Discs and rings must be glued together with a strong, shock-resistant

16 6A. SHEET METAL adhesive, such as either of the following: (1) A resorcinol-formaldehyde adhe­ 14 GA. S H E E T M ETAL sive, which has been bonded under both heat and pressure; or (2) A polyvinyl-acetate emulsion, which has been reinforced with cement- coated nails. The nails must be randomly spaced and must be at least 2.5 times as long as the minimum thickness of the plywood discs or rings. (d) Full-length steel rods are required for reinforcement and lid closure. (1) The minimum number of rods and the minimum rod diameter are as shown in the following table:

Minimum Minimum rod Specification number or diameter NEOPRENE CORNER BUMPER rods (inches) ¿"n e o p r e n e

¿"SHEET METAL 20WO-1 ______6 0.26 20WC-2______6 0.26 LAMINATED W000 20WO-3 ______12 0.376 20WO-4 ______16 0.376 2-3"Cs 4.1* bb 20WO-B ______16 0.50 20WO-6 ______16 0.60 2 " * SCH. 4 0 PIPE (2) For specs. 20WC-1 and 20WC-2, steel rods must be equally spaced around the circumference to the rings and discs, midway between the OJD. and I.D. of

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973

1 29496 PROPOSED RULES the rings. For specs. 20WC-3 and inches beyond the outer surfaces, must § 178.195 would be added to read as 20WC-4, bolts may be staggered alter­ be located at each end and equally spaced follow s: nately in two rows, at ±05 inch from the along the length of the jacket. § 1 7 8 .1 9 5 Specification 2 1 W C wooden- line midway between the OX), and IX). of § 178.194-3 Closure. steel protective overpack. the rings. For specs. 20WC-5 and 20WC-6, bolts may be staggered alter­ (a) Closure for the wooden protec­ § 178.195—1. General requirements. nately in two rows at ±1 inch from the tive jacket is provided by the steel rein­ (a) Each jacket must meet all the ap­ line midway between the O.D. and IX). forcing rods. The end cap (lid) must fit plicable requirements of § 173.24 of this of the rings. tightly to the body of the jacket to pre­ subchapter. (3) Rod ends must be threaded andvent a heat path to the inside of the (b) The maximum authorized gross secured with lock nuts and steel washers, jacket. The lid joint for specs. 20WC-3, weight of the overpack, including its or equivalent device, to provide at least 20WC-4, 20WC-5, and 20WC-6, may not inner container and contents may not a 1 inch diameter bearing surface on be coplanar with the end of the inner exceed 3000 pounds. each end. Ends of the rods must termi­ containment vessel. (b) Specs. 20WC-2 and 20WC-6. Lock­ § 178.195—2 Materials of construction nate 0.75 inch below the surface of the and other requirements. __ plywood for specs. 20WC-1 and 20WC-2. ing ring closure, if used, must conform For specs. 20WC-3, 20WC-4, 20WC-5, to § 178.104-4. Flanged closure, if used, (a) The general configuration of the and 20WC-6, the ends of the rods must must have at least 8 steel bolts (at least protective overpack must be a combina­ terminate 1.5 inches below the surface of 0.25 inch diameter for 20WC-2 or 0.50 tion of two nested plywood boxes, each 1 the plywood, and that portion of each inch diameter for 20WC-6) and lock nuts inch thick, nested within a third wooden end disc which extends beyond the rod (or equivalent device), spaced not more box of nominal 2-inch thickness solid ends must be further held in place with than 5 inches between centers. hardwood. The three nested boxes must lag screws at least 4 inches long. be enclosed within a welded solid frame­ § 178.194-4 Tests. work constructed of mild steel strap, (e) Thickness of wooden shell: Prior to each use, each jacket must be nominally %-inch thick by %-inch wide. (1) Spec. 20WC-1: At least 4 inches visually inspected for defects such as All outer surfaces o f each box must be thick. improper bonding, cracking, corrosion of coated with intumescent paint. (2) Spec. 20WC-2: At least 3 inches steel rods, an improperly fitting closure (b) Plywood must be exterior-grade, thick. lid, or other manufacturing defects. void-free, Douglas fir, or equivalent, at (3) Spec. 20WC-3: At least 5 inches Particular attention must be given to any least 1 inch thick. Solid hardwood must thick for the jacket wall, and at least separation of the plywood discs and rings be maple, or equivalent. 6 inches thick for the end discs. In addi­ which would provide a heat path to the (c) All box joints and interior surfaces tion, at least 3 plywood chines, 2 inches inside of the jacket. must be glued with a strong, shock- resistant adhesive, such as polyvinyl­ wide and protruding 2 inches beyond the § 178.194—5 Painting. outer surfaces, must be located at each acetate emulsion, or equivalent. end and midway along the length of the Each jacket (other than 20WC-2 and (d) All hardwood joints must be mi­ jacket. 20WC-6) must be completely painted tered, or equivalent, reinforced with No. (4) Spec. 20WC-4: At least 6 inches with a high quality exterior weather re­ 10 cement-coated nails spaced on nom­ thick for the jacket wall, and at least 6 sistant paint. inal 6-inch centers. inches thick for the end discs. In addi­ §178.194—6 Marking. (e) All plywood joints must be butt- tion, at least 3 plywood chines, 2 inches type, or equivalent, reinforced with No. Each jacket must be marked on the 10 cement-coated nails spaced on nom­ wide and protruding 2 inches beyond the external surface as follows: “USA-DOT outer surfaces, must be located at each inal 6-inch centers. 20WC-() TYPE B .” The appropriate (f) The angles and strapping of the end and midway along the length of the numeral must be inserted in the marking jacket. metal frame must be spaced such that to indicate the appropriate spec. 20WC separation distances do not exceed 6 (5) Specs. 20WC-5 and 20WC-6: At category: e.g., “20WC-2.” least 6 inches thick for the jacket wall, inches. § 178.194—7 Typical assembly sketches. (g) The lid must be of the same ma­ and at least 8 inches thick for the end terial as the box and fabricated in such discs. In addition, at least 5 plywood (a) Spec. 20WC-2. a manner that closure forms a mitered chines, 2 inches wide and protruding 2 (b) Spec. 20WC-5. joint with the hardwood box and 2 stepped-joints with the plywood boxes. § 178.195-3 Closure. Closure for the protective overpack must be provided by at least 4 mild steel hinges formed from minimum 1 inch x %6-inch bar stock. Hinge pins must be« minimum % -inch diameter by 5 Vi inches long mild steel rod drilled at both ends for cotter pins. § 178.195-4 Tests. Prior to each use, each overpack must be visually inspected for defects such as wood checking or splintering, weld crack­ ing, corrosion of steel parts, improper join t bonding, or improperly fitting closure lid. § 178.195—5 Required marking. (a) Marking must be as prescribed in § 173.24 o f this subchapter.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 PROPOSED RULES 29497

(E) Marking on the outside of each tions Board, Department of Transpor­ (Secs. 831-835 of Title 18, United States Code, tation, Washington, D.C. 20590. Com­ section 9 of the Department of Transporta­ O verpack must include the following: tion Act (49 U.S.C. 1657), title VI and sec­ ( 1) “USA-DOT 21WC” and “TYPE munications received before January 15, tion 902(h) of the Federal Aviation Act of B” as appropriate. 1973, will be considered before final ac­ 1958 (49 U.S.C. 1421-1430, 1472(h), and 1655 tion is taken on the proposal. All com­ (C)).) §178.250 [Deleted] ments received will be available for ex­ § 178.250 would be deleted. amination by interested persons at the Issued in Washington, D.C., on Octo­ Interested persons are invited to give Office of the Secretary, Hazardous Ma­ ber 11,1973. their views on this proposal. Communi­ terials Regulations Board, room 6215 W. J. B urns, Director, cations should identify the docket num­ Buzzards Point Building, Second and V ber and be submitted in duplicate to the Streets, S.W., Washington, D.C. both be­ Office of Hazardous Materials. Secretary, Hazardous Materials Regula­ fore and after closing date for comments. [FR Doç.73-22431 Filed 10-24-73;8:45 am]

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FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29498 Notices

This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section.

DEPARTMENT OF STATE ment to exercise any of the functions ercise any o f the functions herein redele- herein redelegated. gated. Agency for International Development The authority herein delegated to the The authority herein delegated to the [Delegation of Authority No. 99] Director may be exercised by duly au­ Mission Director may be exercised by thorized persons who are performing the ASSISTANT ADMINISTRATORS duly authorized persons who are per­ functions of the Director in an acting forming the functions of the Mission Delegation of Authority Concerning Con­ capacity. Director in an acting capacity. tracting and Related Functions; Correction This redelegation of authority shall be This redelegation of authority shall be Delegation of Authority No. 99-, pub­ effective October 1, 1973. effective October 1, 1973. lished in the F ederal R egister on May 16, Dated September 28,1973. Dated September 28, 1973. 1973, at 38 FR 12834, is corrected by in­ serting a closing parenthesis after J o h n F. O w e n s, J ohn F. O w en s, “diplomatic mission” and deleting the Director, Director, parenthesis after “his designee” in para­ Office of Contract Management. ■ Office of Contract Management. graph l.D . [FR Doc.73-22607 Filed 10-24-73;8:45 ami [FR Doc.73-22598 Filed 10-24-73;8:45 am] Dated October 4, 1973. MISSION DIRECTOR, USAID, M aurice J. W illiam s, MISSION DIRECTOR, USAID, BRAZIL AFGHANISTAN Acting Administrator. Redelegation of Authority Regarding [PR Doc.73-22597 Filed 10-24-73;8:45 am] Redelegation of Authority Regarding Contracting Functions Contracting Functions Pursuant to the authority delegated to Pursuant to the authority delegated to me as Director, Office of Contract Man­ DIRECTOR, ROCAP, GUATEMALA me as Director, Office of Contract Man­ agement, under Redelegation o f Author­ Redelegation of Authority Regarding agement, under Redelegation of Author­ ity No. 99.1 (38 PR 12836) from the As­ Contracting Functions ity No. 99.1 (38 FR 12836) from the As­ sistant Administrator for Program and Pursuant to the authority delegated to sistant Administrator for Program and Management Services of the Agency for me as Director, Office of Contract Man­ Management Services of the Agency for International Development, I hereby re­ agement, under Redelegation of Author­ International Development, I hereby re­ delegate to the Mission Director, USAID, ity No. 99.1 (38 FR 12836) from the As­ delegate to the Mission Director, USAID,, Brazil, the authority to sign or approve: sistant Administrator for Program and Afghanistan, the authority to sign or ap­ 1. U.S. Government coiftracts and Management Services of the Agency for prove: amendments thereto, and A.I.D. grant- International Development, I hereby re­ 1. U.S. Government contracts and financed host country contracts for tech­ delegate to the Director, ROCAP, Guate­ amendments thereto, and A.I.D grant- nical assistance, provided that the ag­ mala, the authority to sign or approve: financed host country contracts for tech­ gregate amount of each individual con­ 1. U.S. Government contracts and nical assistance, provided that the aggre­ tract does not exceed $100,000 or local amendments thereto, and A.I.D. grant- gate amount of each individual contract currency equivalent. financed host country contracts for does not exceed $50,000 or local currency 2. Contracts with individuals for the technical assistance, provided that the equivalent services of the individual alone without aggregate amount of each individual 2. Contracts with individuals for the monetary limitation. contract does not exceed $100,000 or local services of the individual alone within The authority herein delegated may currency equivalent. the monetary limitation of $50,000 or be redelegated in writing, in whole, or in 2. Qontracts with individuals for the local currency equivalent. part, by said Mission Director at his dis­ services of the individual alone without The authority herein delegated may be cretion to the person or persons desig­ monetary limitation. redelegated in writing, in whole, or in nated by the Mission Director as Con­ The authority herein delegated may be part, by said Mission. Director at his dis­ tracting Officer. Such redelegation shall redelegated in writing, in whole, or in cretion to the person or persons desig­ remain in effect until such designated part, by said Director at his discretion to nated by the Mission Director as Con­ person ceases to hold the office of Con­ the person or persons designated by the tracting Officer. Such redelegation shall tracting Officer for the Mission, or until Director as Contracting Officer. Such re­ remain in effect until such designated' the redelegation is revoked by the Mis­ delegation shall remain in effect until person ceases to hold the office of Con­ sion Director, whichever shall first occur. such designated person ceases to hold the tracting Officer for the Mission, or until The authority so redelegated by the Mis­ office of Contracting Officer for ROCAP, the redelegation is revoked by the Mission sion Director may not be further redele­ or until the redelegation is revoked by the Director, whichever shall first occur. The gated. Director, whichever shall first occur. The authority so redelegated by the Mission The authority delegated herein is to be authority so redelegated by the Director Director may not be further redele­ exercised in accordance with regulations, may not be further redelegated. gated. procedures and policies now or hereafter The authority delegated herein is to The authority delegated herein is to be established or modified and promulgated be exercised in accordance with regula­ exercised in accordance with regulations, within AJ.D. and is not in derogation of tions, procedures and policies now or procedures and policies now or hereafter the authority of the Director of the Office hereafter established or modified and established or modified and promulgated of Contract Management to exercise any promulgated within A.I.D. and is not in within A.I.D. and is not in derogation of the functions herein redelegated. derogation of the authority- of the Di­ of the authority of the Director of the The authority herein delegated to the rector of the Office of Contract Manage­ Office of Contract Management to ex­ Mission Director may be exercised by

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29499 Guatemala, the authority to sign or ap­ duly authorized persons who are per­ MISSION DIRECTOR, USAID, EL SALVADOR prove: forming the functions of the Mission Di­ 1. U.S. Government contracts and rector in an acting capacity. Redelegation of Authority Regarding amendments thereto, and A.I.D. grant- This redelegation of authority shall be Contracting Functions financed host country contracts for tech­ effective October 1,1973. Pursuant to the authority delegated to nical assistance, provided that the me as Director, Office of Contract Man­ aggregate amount of each individual Dated September 28, 1973. agement, under Redelegation of Author­ contract does not exceed $100,000 or local J oh n F. O w e n s, ity No. 99.1 (38 FR 12836) from the As­ currency equivalent. Director, sistant Administrator for Program and 2. Contracts with individuals for the Office of Contract Management. Management Services of the Agency for services of the individual alone without [PR DOC.-73-22599 Filed 1 0 -2 4 -7 3 ;8:45 am] International Development, I hereby re­ monetary limitation. delegate to the Mission Director, USAID, The authority herein delegated may El Salvador, the authority to sign or be redelegated in writing, in whole, or MISSION DIRECTOR, USAID, approve; in part, by said Mission Director at his DOMINICAN REPUBLIC 1. U.S. Government contracts and discretion to the person or persons des­ Redelegation of Authority Regarding amendments thereto, and A.I.D. grant- ignated by the Mission Director as Contracting Functions financed host country contracts for tech­ Contracting Officer. Such redelegation nical assistance, provided that the aggre­ shall remain in effect until such desig­ Pursuant to the authority delegated to gate amount of each individual contract nated person ceases to hold the office of me as Director, Office of Contract Man­ does not exceed $100,000 or local cur­ Contracting Officer for the Mission, or agement, under Redelegation of Author* rency equivalent. until the redelegation is revoked'by the ity No. 99.1 (38 FR 12836) from the 2. Contracts with individuals for the Mission Director, whicheyer shall first Assistant Adm inistratojsfor Program and services of the individual alone without occur. Thè authority so redelegated by Management Services of the Agency for monetary limitation. the Mission Director may not be further International Development, I hereby re­ The authority herein delegated may redelegated. delegate to the Mission Director, USAID, be redelegated in writing in whole, or in The authority delegated herein is to Dominican Republic, the authority to part, by said Mission Director at his dis­ be exercised in accordance with regula­ signor approve; cretion to the person or persons desig­ tions, procedures and policies now or 1. U.S. Government contracts and nated by the Mission Director as Con­ hereafter established or modified and amendments thereto, and A.I.D. grant- tracting Officer. Such redelegation shall promulgated within A.I.D. and is not in financed host country contracts for remain in effect until such designated derogation of the authority of the Di­ technical assistance, provided that the person ceases to hold the-office of Con­ rector of the Office of Contract Manage­ aggregate amount of each individual tracting Officer for the Mission, or until ment to exercise any of the functions contract does not exceed $100,000 or local the redelegation is revoked by the Mis­ herein redelegated. currency equivalent. sion Director, whichever shall first occur. The authority herein delegated to the 2. Contracts with individuals for the The authority so redelegated by the Mis­ Mission Director may be exercised by services of the individual alone without sion Director may not be further duly authorized persons who are per­ monetary limitation. redelegated. forming the functions of the Mission Di­ The authority herein delegated may be rector in an acting capacity. redelegated in writing, in whole, or in The authority delegated herein is to be part, by said Mission Director at his dis- exercised in accordance with regulations, This redelegation of authority shall be creation to the person or persons desig­ procedures and policies now or hereafter effective October 1, 1973. established or modified and promulgated nated by the Mission Director as Con­ Dated September 28, 1973. tracting Officer. Such redelegation shall within A.I.D. and is not in derogation of remain in effect until such designated the authority of the Director of the Office J oh n F. O w e n s, person ceases to hold the office of Con­ of Contract Management to exercise any Director, tracting Officer for the Mission, or until of the functions herein redelegated. Office of Contract Management. the redelegation is revoked by the Mis­ The authority herein delegated to the [FR Doc.73-22605 Filed 10-24-73;8:45 am] sion Director, whichever shall first occur. Mission Director may be exercised by duly authorized persons who are per­ The authority so redelegated by the MISSION DIRECTOR, USAID, INDIA Mission Director may not be further forming the functions of the Mission redelegated. Director in ah acting capacity. Redelegation of Authority Regarding The authority delegated herein is to be This redelegation of authority shall be Contracting Functions exercised in accordance with regulations, effective October 1, 1973. Pursuant to the authority delegated to procedures and policies now or hereafter Dated September 28,1973. me as Director, Office of Contract Man­ established or modified and promulgated agement, under Redelegation of Author­ within A.I.D. and is not in derogation of J o h n F. O w e n s, ity No. 99.1 (38 FR 12836) from the As­ the authority of the Director of the Office Director, sistant Administrator for Program and of Contract Management to exercise any Office of Contract Management. Management Services of the Agency for of the functions herein redelegated. [FR Doc.73-22604 Filed 10-24-73;8:45 am] International Development, I hereby re­ The authority herein delegated to the delegate to the Mission Director, USAID, Mission Director may be exercised by India, the authority to sign or approve: duly authorized persons who are per­ MISSION DIRECTOR, USAID, GUATEMALA 1. U.S. Government contracts and forming the functions of the Mission Redelegation of Authority Regarding amendments thereto, and A.IX). grant- Director in an acting capacity. Contracting Functions financed host country contracts for tech­ nical assistance, provided that the ag­ This redelegation of authority shall be Pursuant to the authority delegated effective October 1,1973. gregate amount of each individual con­ to me as Director, Office of Contract tract does not exceed $25,000, or when Dated September 28,1973. Management, under Redelegation of Au­ funded in local currency, the equivalent thority No. 99.1 (38 FR 12836) from the of $50,000. * J ohn F. O w e n s , Assistant Administrator for Program and Director, Management Services of the Agency for 2. Contracts with individuals for the Office of Contract Management. International Development, I hereby re­ services of the individual alone without [FR Doc.73-22600 Filed 10-24-73;8:45 am] delegate to the Mission Director, USAID, monetary limitation.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 201 -7 29500 NOTICES

The authority herein delegated may be within A.I.D. and is not in derogation of MISSION DIRECTOR, USAID, redelegated in wilting, in whole, or in the authority of the Director of the Of­ PHILIPPINES part, by said Mission Director at his dis­ fice of Contract Management to exercise cretion to the person or persons desig­ any of the functions herein redelegated. Redelegation of Authority Regarding nated by the Mission Director as Con­ The authority herein delegated to the Contracting Functions tracting Officer. Such redelegation shall Mission Director may be exercised by Pursuant to the authority delegated to remain in effect until such designated duly authorized persons who are per­ me as Director, Office of Contract Man­ person ceases to hold the office of Con­ forming the functions of the Mission Di­ agement, under Redelegation of Author­ tracting Officer for the Mission, or until rector in an acting capacity. ity No. 99.1 (38 PR 12836) from the as­ the redelegation is revoked by the Mis­ sistant Administrator for Program and sion Director, whichever shall first occur. This redelegation of authority shall be Management Services of the Agency for The authority so redelegated by the Mis­ effective October 1,1973. International Development, I hereby re­ sion Director may not be further Dated September 28, 1973. delegate to the Mission D irector“ USAID, redelegated. Philippines, the authority to sign or J ohn P. O w e n s, approve: The authority delegated herein is to Director, be exercised in accordance with regula­ Office of Contract Management. 1. U.S. Government contracts and tions, procedures and policies now or grants (other than grants to foreign hereafter established or modified and [PR Doc.73-22603 Piled 10-24-73; 8:45 am] governments or agencies thereof), and promulgated within A.I.D. and is not in amendments thereto, and A.I.D. grant- derogation of the authority of the Di­ MISSION DIRECTOR, USAID, PARAGUAY financed host country contracts for rector of the Office of Contract Manage­ technical assistance provided that the ment to exercise any of the functions Redelegation of Authority Regarding aggregate amount of each individual con­ herein redelegated. Contracting Functions tract does not exceed $25,000 or local cur­ The authority herein delegated to the Pursuant to the authority delegated to rency equivalent rexcept that each indi­ Mission Director may be exercised by me as Director, Office of Contract Man­ vidual contract for fam ily planning shall duly authorized persons who are per­ agement, under Redelegation of Author­ not exceed $50,000, and each individual forming the functions of the Mission ity No. 99.1 (38 PR 12836) from the As­ contract for U.S. excess property (using Director in an acting capacity. sistant Administrator for Program and trust account funds for the rural electri­ Management Services of the Agency for fication program) shall not exceed This redelegation of authority shall $ 100,000. be effective October 1,1973. International Development, I hereby re­ delegate to the Mission Director, USAID, 2. Contracts with individuals for the Dated September 28, 1973. Paraguay, the authority to sign or ap­ services of the individual alone, and con­ tracts for flood disaster recovery and re­ J o h n P. O w e n s , prove: 1. U.S. Government contracts and habilitation, without monetary limita­ Director, tion. Office of Contract Management. amendments thereto, and A.I.D. grant- financed host country contracts for tech­ The authority herein delegated may be [PR Doc.73-22602 Filed 10-24-73; 8:45 am] nical assistance, provided that the aggre­ redelegated in writing, in whole, or in gate amount of each individual contract part, by said Mission Director at his dis­ MISSION DIRECTOR, USAID, NEPAL does not exceed $100,000 or local currency cretion to the person or persons desig­ Redelegation of Authority Regarding equivalent. nated by the Mission Director as Con­ Contracting Functions 2. Contracts with, individuals for the tracting Officer. Such redelegation shall remain in effect until such designated Pursuant to the authority delegated to services of the individual alone without monetary limitation. person ceases to hold the office of Con­ me as Director, Office of Contract Man­ tracting Officer for the Mission, or until agement, under Redelegation of Author­ The authority herein delegated may be ity No. 99.1 (38 PR 12836) from the As­ redelegated in writing, in whole, or in the redelegation is revoked by the Mis­ sistant Administrator for Program and part, by said Mission Director at his dis­ sion Director, whichever shall first occur. Management Services of the Agency for cretion to. the person or persons desig­ The authority so redelegated by the Mis­ nated by the Mission Director as Con­ sion Director may not be further International Development, I hereby re­ redelegated. delegate to the Mission Director, USAID, tracting Officer. Such redelegation shall Nepal, the authority to sign or approve: remain in effect until such designated The authority delegated herein is to be 1. U.S. Government contracts and person ceases to hold the office of Con­ exercised in accordance with regulations, amendments thereto, and A.I.D. grant- tracting Officer for the Mission, or until procedures and policies now or hereafter financed host country contracts for the redelegation is revoked by the Mis­ established or modified and promulgated technical assistance, provided that the sion Director, whichever shall first occur. within A.I.D. and is not in derogation of aggregate amount of each individual con­ The authority so redelegated by the Mis­ the authority o f the Director of the Office tract does not exceed $75,000 or local cur­ sion Director may not be further redele­ of Contract Management to exercise any rency equivalent. gated. of the functions herein redelegated. 2. "Contracts with individuals for the The authority delegated herein is to be The’authority herein delegated to the services of the individual alone without exercised in accordance with regulations, Mission Director may be exercised by duly monetary limitation. procedures and policies now or hereafter authorized persons who are performing The authority herein delegated may be established or modified and promulgated the functions of the Mission Director in redelegated in writing, in whole, or in within A.I.D. and is not in derogation of an acting capacity. part, by said Mission Director at his dis­ the authority of the Director of the Office of Contract Management to exercise any This redelegation of authority shall be cretion to the person or persons desig­ effective October 1, 1973. nated by the Mission Director as Con­ of the functions herein redelegated. tracting Officer. Such redelegation shall The authority herein delegated to the Dated September 28,1973. remain in effect until such designated Mission Director may be exercised by J ohn F. O w en s, person ceases to hold thè office of Con­ duly authorized persons who are per­ Director, tracting Officer for the Mission, or until forming the functions of the Mission Di­ Office of Contract Management. the redelegation is revoked by the Mis­ rector in an acting capacity. [PR Doc.73-22601 Piled 10-24-73;8:45 am] sion Director, whichever shall first oc­ cur. The authority so redelegated by the This redelegation of authority shall be Mission Director may not be further re­ effective October 1,1973. DEPARTMENT OF THE TREASURY delegated. Dated September 28, 1973. Comptroller of the Currency

The authority delegated herein is to be J o h n P. O w e n s, INSURED BANKS exercised in accordance with regulations, Director, Joint Call for Report of Condition procedures and policies now or hereafter Office of Contract Management. C ross R eference.— For a document re­ established or modified and promulgated [PR Doc.73-22606 Piled 10-24-73; 8:45 am] garding joint call for report of condi-

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29501 random sampling basis. Since this tion of insured banks, see FR Doc. 73- therefore, determined that it will use the per capita income of the county area in method of measurement produces unre­ 22667, Federal Deposit Insurance Cor­ liable results for small places, the Office poration, supra. -which such unit of government is located as an estimate of the per capita income of Revenue "Sharing has estimated the of that unit. per capita income for cities and towns Office of the Secretary with fewer than 500 persons to be the [ seal] G raham W. W att, same as that of the county in which the OFFICE OF REVENUE SHARING Director, place is located. Procedure for Improvement of Entitlement Office of Revenue Sharing. Data Per capita income was computed from D etailed D ata D efin itio n s for I ntra­ calendar year 1969 money income data The data used by the Qffice of Revenue state A llocations to L ocal G overn­ which were collected during the 1970 Sharing in calculating revenue sharing m ents in the F ourth E ntitlem ent Census. Total money income is the sum allocations for units of local government o f: pursuant to the State and Local Fiscal P eriod population Wage or salary income, Assistance Act o f 1972 (Pub. L.' 92—512, Net nonfarm self-employment income, 31 U.S.C. Chapter 24) for the fourth en­ The “population” oi a unit of local Net farm self - employment income, titlement period (July 1, 1973, through government for revenue sharing purposes Social Security or railroad retirement June 30, 1974) have been provided to is the resident population as of April 1, income, each recipient government. Consolidated 1970, as determined by the Bureau of the Public assistance income, data for all of the units of local govern­ Census in the 1970 Census of Population All other income such as interest, ment receiving revenue sharing funds and Housing. Where the 1970 Census of dividends, veteran’s payments, pensions, will be available from the Superintendent Population count was corrected by the unemployment insurance, alimony, etc. of Documents, Government Printing Of­ Bureau of the Census subsequent to The total represents the amount of fice, Washington, D.C. 20402. printing of the official count in early income received before deductions for These data have been compiled by the Census publication or as a result of a personal income taxes, Social Security, Bureau of the Census, and definitions of qualifying boundary change after Jan­ bond purchases, union dues, medicare all data elements are provided in this uary 1, 1970, such population count is deductions, etc. Notice. If recipient governments believe indicated with an asterisk on data forms Receipts from the following sources are that there are errors in these data, con­ issued to each recipient government by not included as income: Money received sidering the definitions and effective the Office of Revenue Sharing in its con­ from the sale of personal property; capi­ dates, they should inform the Office of tinuing data improvement program. tal gains; the value of income “in kind” Revenue Sharing in writing of their pro­ The 1970 Census was conducted pri­ such as food produced and consumed in posed corrected data and provide evi­ marily through self-enumeration. Each the home or free living quarters; with­ dence and documentation justifying the person enumerated in the 1970 Census drawal of bank deposits; money bor­ basis for their view. This may be ac­ was counted as an inhabitant of his usual rowed; tax refunds; exchange of money complished by returning the form pro­ place of residence. This means the place between relatives living in the same vided to each recipient government to­ where he lives and sleeps most of the household; gifts and lump sum inherit­ gether with full justification to support time, not necessarily his legal residence ances, insurance payments, and other proposed corrections of data. The form or voting residence. Members of the types of lump sum receipts. and justification must be received by Armed Forces living on military instal­ the Office of Revenue Sharing on or be­ lations were counted as residents of the ADJUSTED TAXES fore November 26, 1973. I f the Office o f area in which the installation was lo­ The “adjusted taxes” for a unit of local Revenue Sharing has not been advised, cated. Members of the Armed Forces not government, as derived from the 1972 in writing, of proposed corrections of living on a military installation were Census of Governments conducted by the data on or before November 26,1973, the counted as residents of the arm in which Bureau of the Census, are the total taxes date elements published will' be deter­ they were living. Crews of U.S. Navy ves­ exacted by the unit of government in mined to be correct and, as such, will sels were counted as residents of the Fiscal Year 1972 (that government’s 12- constitute a final determination by the home port to which the particular vessel month accounting period that ended be­ Department of the Treasury. All data was assigned. College students were tween July 1,1971 and June 30,1972) ex­ elements which were the subject o f an counted as residents of the area in which cluding taxes for schools and other edu­ earlier date review, or which were the they were living while attending college. cation purposes. Total general purpose result of such review, are not eligible for Inmates of institutions were counted as taxes include: further review under this procedure since residents of the area where the institu­ 1. Property taxes.—County, municipal a final determination with respect to tion was located. Persons without a usual or township taxes levied on the value of them has been made by the Department. place of residence were counted where real or personal property. Upon receipt of any written response they were enumerated. 2. Sales taxes.—County, municipal or from recipient governments the Office of The population data collected and used township taxes, either general or spe­ Revenue Sharing will, as timely as prac­ for all entitlements are as of April 1, cific, on goods and services measured as ticable, work with the Bureau of the 1970. a percent of sales or receipts, or as an Census to substantiate or correct all data The population is related to boundaries amount per unit sold: questioned and will advise the recipient of geographic areas existing as of De­ Sales taxes are of two types: governments of its findings. Those find­ cember 31, 1972 (includes new incor­ a. General sales or gross receipts tax. ings will constitute a final determination porations and qualifying annexations, b. Selective sales or gross receipts tax. of the recipient government’s - revenue i.e., annexations made by places with a Examples of selective sales taxes are: sharing data elements. 1970 population o f at least 5,000 and for Gasoline tax. In order to assure equitable treatment which the annexed areas include popula­ Liquor tax. of each recipient the books will be kept tion equal to 5 percent or more of the Cigarette and tobacco tax. open until all evidence and documenta­ annexing government’s population). Public utilities excise tax. tion received on or before November 26, 1973, have been reviewed, and data de­ PER CAPITA INCOME Amusement taxes. termined to be erroneous have been The “per capita income” is the mean, Hotel and-motel room occupancy and corrected. or “average” income of all persons in a meals tax. There is one instance in whieh the given unit of government, as defined by 3. License, permits and other taxes.— Office of Revenue Sharing has deter­ the 1970 Census. Unlike the population, County, municipal or township taxes not mined that the Census data may not pro­ .in which everyone was counted, the aver­ included in items 1 and 2 above. vide for equitable allocations. For cities and towns of under 500 in population, the age per capita income was measured Examples of license taxes are: Per capita income is subject to substan­ through a questionnaire which went to Alcoholic beverage licenses. tial statistical error, and the Office has, only 20 percent of the households on a Business privilege licenses.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29502 NOTICES

Motor vehicle and operators licenses. INTERGOVERNMENTAL..TRANSFERS OF vanced Logistics System (ALS) Project Hunting and fishing licenses.^ REVENUE Advisory .Committee, November 6-7,1973, Marriage licenses. “Intergovernmental transfers of rev­ beginning at 8 :30 a.m„ November 6 ,1973^ Inspection fees charged in connection enue” are amounts received by a unit of in Room 118, Building 266, Area A, with the granting of renewal of a government from other governments in W right-Patterson Air Force Base, Ohio license. Fiscal Year 1972 (the government’s 12- (Air Force Logistics Command). Examples of permits are: month accounting period that ended be­ Because of the proprietary nature of Buildings permits. tween July 1,1971, and June 30,1972) for data to be considered by the ALS Project Permits for a business or nonbusiness use either for specific functions or for Advisory Committee, this meeting will privilege. general financial support. This amount is be closed to the public in accordance with Examples of other taxes are: derived from the 1972 Census of Govern­ the provisions set forth in section 552(b) Income, payroll or earnings tax. ments conducted by the Bureau of the (4) of Title 5, United States Code, and Mortgage transfer and recordation Census. The figure includes grants, section 10(d) of Pub. L. 92-463. tax. shared taxes, contingent loans and reim­ Severance taxes. J ames A. B ailey, bursements for tuition costs, hospital Major General, USAF, Deputy Pee retained by a government for col­ care, construction costs, etc. Intergov­ lecting taxes for other governments. Chief of Staff/Comptroller, ernmental transfers of revenue does not Air Force Logistics Command. include amounts received from sale of General purpose taxes do not include [FR Doc.73-22594 Filed 10-24-73;8.'45 am] receipts from service charges, special as­ property or commodities, or utility serv­ sessments, interest earnings or fines. ices to other governments, or Federal A tax which is jointly imposed by a revenue sharing entitlement funds. Department of the Navy State government and units of local gov­ [PR Doc.73-22553 Piled 10-24-73:8:45 am] NAVAL WEAPONS CENTER ADVISORY ernment is apportioned in order to de­ BOARD termine local tax effort. An example of DEPARTMENT OF DEFENSE a jointly imposed tax would be a five per­ Notice of Meetings cent sales tax of which four percent Department of the Air Force In accordance with thé provisions of was imposed by the State government AIR FORCE ACADEMY BOARD the Federal Advisory Committee Act and one percent was imposed by local (Pub. L. 92-463 (1972) ), a notice o f closed governments. In such case the amount Notice of Meeting meetings o f the Naval Weapons Center of revenue realized by Virtue of the one O ctober 17, 1973. Advisory Board of November 1 and 2, percent locally imposed portion will be The Air Force Academy Board of 1973, was published on October 15, 1973, credited to local tax effort. It is impor­ Visitors will meet at the Air Force Acad­ in Volume 38, Number 198, of the F ederal tant to distinguish a "jointly imposed emy, Colorado Springs, Colorado, on No­ R egister (38 FR 28577). These closed tax” from a wholly State imposed tax vember 1-4, 1973. meetings of the Navy Weapons Center where part of the tax revenue is shared The purpose of this meeting is to ful­ Advisory Board have been postponed to with local governments. An example of fill the requirements of 10 U.S.C. 9355(d) November 15 and 16, 1973, at the Naval shared State tax would be a five per­ for the Board to meet at the Academy Weapons Center, China Lake, California. cent sales tax wholly imposed by the at least once annually to inquire into The agenda consists of matters classified State, but which provides a 20 percent matters of morale, discipline, the curric­ in. the interest of national security. revenue share to units of local govern­ ulum, instruction, physical equipment, H. B. R obertson, Jr., ment. A local government’s share of a fiscal affairs, academic matters,> and “wholly State imposed tax” is classified Rear Admiral, JAGC, U.S. other matters relating to the Academy Navy, Acting Judge Advocate as an intergovernmental transfer and which the Board decides to consider. not as local tax effort. Thus, in determin­ General. A portion of the meeting will be open ing local tax effort the point of refer­ O ctober 18, 1973. for public attendance on November 2, ence is the government which imposed [PR Doc.73-22596 Filed 10-24-73;8:45 am] the tax rather than the government 1973, from 8:45 a.m. until 11:15 a jn . in which expended the resulting tax the Academy Superintendent’s Confer­ revenue. ence Room, Harmon Hall. Among the topics on the tentative agenda during the BOARD OF ADVISORS TO THE SUPERIN­ Amounts in lieu of taxes received by TENDENT, NAVAL POSTGRADUATE a government from a utility it operates open portion of the meeting are: Profile SCHOOL of the Class of 1977; WICHE-NCHEMS are treated as internal transfers and are Notice of Meetings excluded from taxes. Amounts in lieu of Costing Method; Commandant of Cadet Briefing on Cadet Transportation and Pursuant to the provisions of the Fed­ taxes received from utilities operated by SERE Training. other governments are reported as in­ eral Advisory Committee Act (Pub. L. tergovernmental transfers. The remainder of the meeting will 92-463 (1972)), notice is hereby given pertain to internal Academy policies, pro­ School taxes are tax revenues of a cedures, and personnel matters and will that open meetings of the Board of Ad­ unit of government which are allocated be held in closed session. visors to the Superintendent, Naval Post­ for school purposes. They include taxes levied for current capital and debt serv­ If additional information is desired, graduate School, will be held at 8:00 a.m. ice as well as amounts collected for a contact HQ USAF (DPPA), Washington, on November 8 and 9, 1973, at the Naval governmental unit’s school purposes by D.C. 20330, 202-692-4635. Postgraduate School, Monterey, Cali­ the county or state acting as collecting S tanley L. R oberts, fornia. agent. Colonel, USAF, Chief, Legisla­ The agenda includes a report by the In some jurisdictions tax revenues for tive Division, Office of The Superintendent, election o f a Chairman purposes of education are not separately Judge Advocate General. of the Board, and discussions on the identifiable because education is financed [PR Doc.73-22592 Piled 10-24-73;8:45 am] by expenditure or transfer of monies long-range effects of graduate education from a general fund to a school fund. on a naval career. If so, then the ratio of tax revenues to ADVANCED LOGISTICS SYSTEM PROJECT H. B. R obertson, Jr., total revenues in such general fund mul­ ADVISORY COMMITTEE Rear Admiral,'JAGC, U.S. Navy tiplied by the expenditure or transfer of Notice of Meeting Acting Judge Advocate Gen­ monies from the general fund (or simi­ eral. larly named fund) is taken to be the O ctober 15,1973. amount of tax revenues allocable to ex­ Pursuant to Pub. L. 92-463, notice is O ctober 17, 1973. penses for education. hereby given of a meeting of the Ad­ [PR Doc.73-22595 Piled 10- 24- 73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29503

' Office of the Secretary area in which the Dallas Grain Exchange to add Colfax, Washington, as a desig­ had been operative be reassigned to the nated inspection point. DEPARTMENT OF DEFENSE WAGE Notice is hereby given that the Agri­ COMMITTEE Fort Worth Grain Exchange in accord­ ance with the provisions of § 26.99 of the cultural Marketing Service has under Notice of Closed Meetings regulations (7 CFR 26.99) under the Act; consideration the proposed request from Pursuant to the provisions of section (3) the Dallas inspection area was being the Washington Department of Agricul­ 10 of Pub. L. 92-463, effective Janu­ reassigned on an interim basis to the Fort ture to amend the assignment of the ary 5, 1973, notice is hereby given that Worth Grain Exchange pending final de­ Washington Department of Agriculture meetings of the Department of Defense termination of the matter; (4) other of­ to add Colfax, Washington, as a desig­ Wage Committee will be held on: ficial inspection agencies had opportu­ nated inspection point under the U.S. nity until September 20, 1973, to make Grain Standards Act. Opportunity is Tuesday, November 6,1973 application for the permanent reassign­ hereby afforded all interested persons to Tuesday, November 13,1973 submit written data, views, or arguments Tuesday, November 20, 1973 ment of the Dallas inspection area in ac­ Tuesday, November 27,1973 cordance with the provisions of § 26.99 to the Hearing Clerk, U.S. Department of of the regulations (7 CFR 26.99) under Agriculture, Washington, D.C. 20250, These meetings will convene at 9:30 the Act; and (5) other interested persons with respect to the needs and circum­ a.m. and will be held in Room IE-801, had opportunity until September 20,1973, stances for stationing one or more li­ The Pentagon, Washington, D.C. to submit written data, views, or argu­ censed inspectors at Colfax and for desig­ The Committee’s primary responsibil­ ments with respect to the proposed can­ nating Colfax' as an inspection point. All ity is to consider and make recommenda­ cellation, the interim reassignment, and written submissions shall be in duplicate tions to the Assistant Secretary of De­ the permanent reassignment. and shall be mailed to the Hearing Clerk fense (Manpower and Reserve Affairs) No comments or applications were re­ not later than November 26, 1973. All on all matters involved in the develop­ ceived with respect to the August 21, submission made pursuant to this notice ment and authorization of wage sched­ 1973, notice in the F ederal R egister. will be made available for public inspec­ ules for Federal prevailing rate employ­ Therefore, pursuant to the authority con­ tion at the office of the Hearing Clerk ees pursuant to Pub. L. 92-392. tained in section 7(f) of the U.S. Grain during regular business hours (7 CFR At these scheduled meetings, the Com­ Standards Act, the designation of the 1.27(b)) ; Consideration will be given to mittee will consider wage survey specifi­ Dallas Grain Exchange to operate as an the written data, views, or arguments so cations, wage survey data, local reports, official inspection agency at Dallas, filed with the Hearing Clerk and to other and recommendations, statistical analy­ Texas, is canceled without prejudice to information available to the U.S. Depart­ ses and proposed pay schedules derived the Dallas Grain Exchange, and the in­ ment of Agriculture before final deter­ therefrom. spection area in which the Dallas Grain mination is made with respect to this Under the provisions of section 10(d) Exchange was operative is reassigned to matter. of Pub. L. 92-463 and 5 USC 532 (b) and the Fort Worth Grain Exchange. (4) > the Assistant Secretary of Defense Done in Washington, D.C., on Octo­ (Sec. 7, 39 Stat. 482, as amended 82 Stat. ber 19, 1973. (Manpower and Reserve Affairs) has de­ 764; (7 U.S.C. 7 9 (f)); 37 FR 28464 and E. L. P eterson, termined that these meetings will be 28476.) closed to the public. Administrator, However, members of the public who Done in Washington, D.C., on October Agricultural Marketing Service. may wish to do so, are invited to submit 19, 1973. [FR Doc.73-22734 Filed 10-24-73;8:45 am] material in writing to the Chairman con­ E. L. P eterson, cerning matters felt to be deserving of Administrator, the Committee’s attention. Additional Agricultural Marketing Service. DEPARTMENT OF COMMERCE information concerning these meetings [FR Doc.73-22735 Filed 10-2-4-73:8:45 am] Domestic and International Business may be obtained by contacting the Administration Chairman, Department of Defense Wage DHEW, NCI Committee, Room 3D-281, The Pentagon,* GRAIN STANDARDS Washington, D.C. Washington Inspection Point Notice of Decision on Application for Duty-Free Entry of Scientific Article M aurice W. R oche, Statement of Consideration.—The Director, Correspondence and State of Washington Department of The following is a decision on an ap­ Directives OASD (C ). agriculture is designated to operate as an plication for duty-free entry of a sci­ official inspection agency in accordance entific article pursuant to section 6(c) of O ctober 19, 1973. with the provisions of section 7(f) of the the Educatioiial, Scientific, and Cultural [PR Doc.73-22706 Plied 10-24r-73;8:45 am] U.S. Grain Standards Act (7 U.S.C. Materials Importation Act of 1966 (Pub. 79(f)). The entire State of Washington L. 89-651, 80 Stat. 897) and the regula­ DEPARTMENT OF AGRICULTURE is assigned to the Washington Depart­ tions issued thereunder as amended (37 ment of Agriculture as its designated in­ FR 3892 et seq .). Agricultural Marketing Service spection area (7 CFR 26.1(a) (12) and A copy of the record pertaining to this GRAIN STANDARDS seven designated inspection points (7 decision is available for public review during ordinary business hours of the Texas Inspection Point CFR 26.1(b) (13)) are assigned within the State: Kalama, Longview, Pasco, Department of Commerce, at the Office Statement of Consideration. On Au­ Seattle, Spokane, Tacoma, and Vancou­ of Import Programs, Department of gust 21, 1973, there was published ver. A designated inspection point is de­ Commerce, Washington, D.C. 20230. in the F ederal R egister (38 FR fined as a city, town, or other location Docket Number: 74-00072-33-46040. 22498) a notice announcing: (1) The assigned under the regulations to an Applicant: DHEW, NCl, Bethesda, Mary­ Dallas Grain Exchange, Dallas, Texas, official inspection agency for the conduct land 20014. Article: Electron microscope, had voluntarily requested that effec­ of official inspections, and within which Model HU-12 with high resolution tilt tive August 15, 1973, its designation to the official inspection agency or one or stage. Manufacturer: Hitachi, Ltd., Ja­ operate as an official inspection agency more of its licensed inspectors is located jmder the U.S. Grain Standards Act (7 pan. Intended use of article: The foreign (7 CFR 26.1(b) (13)) . article is intended to be used in the re­ U.S.C. 71 et seq.) be canceled in accord­ The Washington Department of Agri­ ance . with the voluntary cancellation culture now plans to locate one or more search study of normal and malignant Provision of § 26.101 o f the regulations of its licensed grain inspectors at Colfax, cells and cell components, both in thin (7 CFR 26.101) under the Act; (2) Washington, and has requested that ef­ section and in homogenized and pelleted the Fort Worth Grain Exchange, fective January 1, 1974, its assignment material, and in the penetration and rep­ Port Worth, Texas, had requested that be amended in accordance with § 26.99 lication of viruses, particularly oncogenic effective August 15, 1973, the inspection (b) of the regulations (7 CFR 26.99(b)) viruses.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29504 NOTICES

Comments: No comments have been the conformational aspect o f, protein Department of Commerce, Washington received with respect to this application. molecule. D .a 20230. Decision: Application approved. No Fluorescence kinetic measurement will Docket Number: 74-00121-33-46040. instrument or apparatus of equivalent also be carried out in this study. The ar­ Applicant: University of Cincinnati, Col­ scientific value to the foreign article, for ticle will also be used for the instruction lege of Medicine, Eden and Bethesda such purposes as this article is intended of rapid kinetic technique to graduate Avenues, Cincinnati, Ohio 45219. Article: to be used, is being manufactured in the and medical students in the course en­ Electron Microscope, Model EM 300 and United States. titled “Physical Biochemistry.” 1% HP Single Pump water chiller with Reasons: The foreign article has a Comments: No comments have been step-up transformer. Manufacturer: specified resolving capability of 3 Ang­ received with respect to this application. Philips Electronic Instruments NVD, The stroms. The most closely comparable Decision: Application approved. No in­ Netherlands. Intended use o f article: The domestic instrument is the Model EMU- strument or apparatus of equivalent foreign article is an accessory to an exist­ 40 electron microscope which is manu­ scientific value to the foreign article, for ing electron microscope to be used in factured by the Forgflo Corporation such purposes as this article is intended ultrastructural research on biological (Forgflo) and is presently available to be used, is being manufactured in the material. Specific ultrastructural studies from the Adam David Co., Langhome, United States. planned involved) immune cells in con­ Pennsylvania. The Model EMU-4C has Reasons: The foreign article provides nective tissue diseases, (2) chropdrocytes a specified resolving capability of five capabilities for minimum relaxation time obtained from rheumatoid arthritis car­ Angstroms. (Resolving capability bears (as little as one microsecond) and for tilage, (3) the glomerular basement an inverse relationship to its numerical fluorescence kinetic measurement. The membrane of rats with various immuno­ rating in Angstroms units, i.e., the lower Department of Health, Education, and logical diseases, (4) renal blood vessels the rating, the better the resolving Welfare (HEW) advised in its memo­ in systemic sclerosis, (5) liver cells in capability). randum dated September 20, 1973 that patients with hepatitis, (6) the effect We find that the additional resolving the capabilities described above are per­ antimitotic drugs on bone marrow-cells capability of the article is pertinent to tinent to the purposes for which the ar­ and (7) bacterial cell walls. The article the study of the finer details of virus ticle is intended to be used. HEW also will also be used to teach students, house structure using both thin sectioning and advised that it knows of no domestic in­ staff, and young physicians light and negative staining. We, therefore, find strument of equivalent scientific value to electron microscopic interpretation of that the Model EMU-4C is not of equiva­ the foreign article for such purposes as tissues obtained from biopsy, smears and lent scientific value to the foreign ar­ this article is intended to be used. other tissues obtained from patients. ticle for such purposes as the article is The Department of Commerce knows Postdoctoral students performing collab­ intended to be used. of no other instrument or apparatus of orative procedures will also be taught the The Department of Commerce knows equivalent scientific value to the foreign use of the electron microscope in medical of no other instrument or apparatus of article, for such purposes as this article science research. Application received by equivalent scientific value to the foreign is intended to be used, which is being Commission of Customs: September 19, article, for such purposes as this article manufactured in the United States. 1973. is intended to be used, which is being (Catalog of Federal Domestic Assistance Pro­ Docket Number: 74-00122-33-46040. manufactured In the United States. gram No. 11.105, Importation of Duty-Free Applicant: University of Cincinnati, Col­ (Catalog of Federal Domestic Assistance Educational and Scientific Materials.) lege of Medicine, Eden and Bethesda Avenues, Cincinnati, Ohio 45219. Article: Program No. 11.105, Importation of Duty- A . H. S tuart, Free Educational and Scientific Materials.) Director, Electron Microscope, Model JEM 100B, Special Import Programs Division. ASID high resolution scanning device, A . H. S tuart, and 1B1003 used high resolution univer­ Director, [FR Doc.73-22678 Filed 10-24r-73;8:45 am] sal goniometer. Intended Use of Article: Special Import Programs Division. The foreign article is intended to be used [FR Doc.73-22679 Filed 10-24-73;8:45 am] to examine biological materials, such as, UNIVERSITY OF CINCINNATI ET AL. •cultured mammalian cells, bacteria vi­ Notice of Applications-for Duty-Free ruses, and purified macromolecules JOHNS HOPKINS UNIVERSITY Entry of Scientific Articles (namely proteins and DNA) to define the Notice of Decision on Application for The following are notices of the receipt role of microorganisms in disease-proc­ Duty-Free Entry of Scientific Article of applications for duty-free entry of esses at the cellular and subcellular The following is a decision on an ap­ scientific articles pursuant to section 6(c) levels. The article is intended to be used plication for duty-free entry of a scien­ of the Educational, Scientific, and Cul­ very little in training. Application re­ tific article pursuant to section 6(c) of tural Materials Importation Act of 1966 ceived by Commissioner of Customs: the Educational, Scientific, and Cultural (Pub. L. 89-651; 80 Stat. 897). Interested September 19.1973. M aterials Im portation Act of 1966 persons may present their views with re­ Docket Number: 74-09123-33-46040. (Pub. L. 89-651, 80 Stat. 897) and the spect to the question of whether an in­ Applicant : University of Cincinnati, Col­ regulations issued thereunder as amend­ strument or apparatus of equivalent lege of Medicine, Eden and Bethesda ed (37 FR 3892 et seq.). scientific value for the purposes for which Avenues, Cincinnati, Ohio 45219. Article: A copy of the record pertaining to this the article is intended to be used is being Electron Microscope, Model EM 201 with decision is available for public review manufactured in the United States. Such plate camera and anti-contamination de­ during ordinary business hours of the comments must be filed in triplicate with vice. Manufacturer: Philips Electronic Department of Commerce, at the Office the Director, Special Import Programs Instruments NVD, The Netherlands. In­ of Import Programs, Department of Division, Office of Import Programs, tended Use of Article: The foreign article Commerce, Washington, D.C. 20230. Washington, D.C. 20230, on or before is intended to be used in studies involving Docket Number: 73-00597-01-10100. November 14,1973. bacterial cells in various stages of divi­ sion, cultured m a m m alian cells in states Applicant: The Johns Hopkins Univer­ Amended regulations issued under sity, Charles and 34th Street, Baltimore, of differentiation and specialization of cited Act, as published in the February 24, function, viruses and virus-infected cells, Maryland 21218. A rticle: Messanlagen 1972 issue o f the F ederal R egister, pre­ Temperature-Jump Transient Spectro­ and monitoring the purity of subcellular scribe the requirements applicable to fractions. The experiments are concerned photometer. Manufacturer: Messan­ comments. lagen Studiengesellschaft mbH., West with furthering knowledge of funda­ Germany. Intended use of article: The A copy of each application is on file, mental biological phenomena such as article is intended to be used to study and may be examined during ordinary viral and bacterial ultrastructure, phago­ the time course of the protein unfolding Commerce Department business hours at cytic activity o f RES cells and virus processes, and examine its implication to the Special Import Programs Division, infected cells.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29505

The article will also be used in teach­ D. Medical Entomology-Entomology 153. ing patterns of asymmetry or in-plane ing graduate students and faculty mem­ E. Electron Microscopy in Entomological distribution of components during nor­ bers in the use of the electron m icro­ Research-Entomology 298. mal and abnormal growth. Application scope. Lecture presentations (about 15 . Application received by Commissioner received by Commissioner* of Customs: hours) followed by actual work with the of Customs: September 19,1973. September 20,1973. electron microscope is intended to pre­ Docket Number: - 74-00128-33-46040. Docket Number: 74-00130-33-46040. pare students and faculty members for Applicant: University of Minnesota, Applicant: University of Cincinnati, Col­ lege of Medicine, Eden and Bethesda r e s e a rch . Application received by Com­ School of Dentistry, 519 Owre Hall, Min­ missioner o f Customs: September 19, neapolis, Minnesota 55455. Article: Elec­ Avenues, Cincinnati, Ohio 452.19. Article: Electron Microscope, Model EM 10. Man­ 1973.' tron Microscope, Model EM 301. Manu­ Docket Number: 74-00124-33-46040. facturer: Philips Electronic Instrument ufacturer : Carl Zeiss, West Germany. In­ Applicant: University of Nebraska Medi­ NVD, The Netherlands. Intended use of tended use of article: The foreign article cal Center, 42nd and Dewey, Omaha, article: The foreign article will be used is intended to be used in several research Nebraska 68105. Article : Electron M icro­ to study the structure and morphogenesis projects including correlated studies of scope, Model EM 201 with plate camera, of the small Bacillus subtilis bacteri­ ultrastnicture and function of human 70 mm. camera, and anti-contam ination ophage 029. The study is designed to de­ blood platelets of normal and diseased in­ device. Manufacturer: Philips Electronic fine and analyze the steps involved in dividuals, and the structural and func­ Instruments NVD, The Netherlands. in vivo morphogenesis of this virus. tional correlation of reproductive organs. Intended Use of Article : The foreign arti­ A program of studies of ultrastructural Specific aims are : changes in correlation of various neuro­ cle is intended to be used in studies on (1) To extend, confirm and eventually human and lower animal cells and tissues physiological studies is also planned. complete the mapping of the 029 genome; The article will also be used to teach in both normal and pathological states. (2) To continue studies on the struc­ S p e cific investigation will include (1) the advanced graduate students and faculty ture o f 029 DNA, including fractiona­ where required, a course in ultrastruc­ alteration of fine structure of the sertali; tion, analysis of transfection and gene cells and leydig cells in animal and hu­ tural interpretation entitled, “Electron transfer by marker rescue, and determi­ Microscopy in Biology.” Application re­ man testis after vasectomy; (2) the nation of the nature and extent of ter­ ultrastructure of connective tissue cells ceived by Commissioner of Customs: Sep­ minal repetition; and tember 20,1973. involved in collagen formation during (3) To utilize the 029 ts and sus mu­ wound healing; (3) ultrastructural mani­ Docket Number: 74-00131-33-46040. tants and specific DNA fragments for Applicant: University of Cincinnati festations of hormone synthesis in the analysis of morphogenesis, including de­ pituitary gland. Medical Center, Medical Science Build­ tails of gene function, gene expression ing, Department of Pathology, Cincin­ The article will also be used in training and viral assembly. graduate students, medical students, and nati General Hospital, Cincinnati, Ohio medical residents in the use of electron Three Ph.D. candidates will also use the 45229. Article: Electron Microscope, microscope in the courses, “Fundamen­ article for dissertation research. Appli­ Model EM 9S-2. Manufacturer: Carl tals of Electron Microscopy and Selected cation received by Commissioner of Cus­ Zeiss, West Germany. Intended use of Problems in Electron M icroscopy.” In toms: September 20,1973. article: The foreign article is intended addition, the article will be used by grad­ Docket Number: 74-00129-33-46040. to be used in the examination of speci­ uate students in research for the courses Applicant : Harvard University, The Bio­ men tissues from surgical pathology “Master’s Thesis” and “Doctoral Disser­ logical Laboratories, 16 Divinity Avenue, for the diagnosis of renal and liver dis­ tation.” Application received by Com­ Cambridge, Mass. 02138. Article: Elec­ eases and on tumors of uncertain origin, missioner o f Customs: September 19, tron Microscope, Model EM 301. Manu­ in which, the determination of cell type facturer: Philips Electronic Instruments 1973. of origin of carcinomas and the differen­ Docket Number: 74-00127-33-46040. NVD, The Netherlands. Intended use of tiation between different types of central Applicant: University of California, article: The objective to our research nervous system malignancies will be done. Davis Campus, Davis, California 95616. is to understand the molecular organiza­ In addition, to the strictly diagnostic ARTICLE: Electron Microscope, Model tion of biological membranes and related service, these and other tissues will be ac­ structure in terms which will explain cumulated into groups for the study of EM 9S-2. Manufacturer: Carl Zeiss, West their cellular function. A number of Germany. Intended use o f article: The progression of different disease states simple membrane systems and tissue and correlative studies on the relation­ article is intended to be used for studies culture cell inembranes will be probed of insect tissues, plant and animal viruses ship of different diseases. The article will using a combination of electron micro­ also be used to teach graduate students and mycoplasma (in relation to the in- scopic and biochemical techniques. In ‘ sects that transmit them) and viruses courses entitled, “Research in Pathology order to analyze both the transverse and and Electron Microscopy Technique.” and other microorganisms affecting in­ the lateral distribution of selected mem­ sects. The experiments to be undertaken Application received by Commissioner of brane components, a variety of electron Customs: September 20,1973. are as follows: microscopic methods must be used, in­ (a) A morphological study of aphid Docket Number: 74-00133-33-46040. cluding both standard transmission and Applicant: University of Pennsylvania, symbiotes to determine their systematic selected area diffraction modes. Tissues status and physiological function. Department of Anatomy, 116 Anatomy- prepared by negative staining, positive Chemistry Bldg., 36th & Hamilton Walk, (b) Study of the effect of plant viruses, staining and freeze etching will be ex­ plant mycoplasma and insect pathogens Philadelphia, Pa. 19174. A rticle: Electron amined and a novel combination of elec­ Microscope, Model JEM 200A. Manufac­ on insect cells in a monolayer culture. tron microscopic autoradiography and (c) Observation of certain plant turer: JEOL, Ltd., Japan. Intended use freeze-etching will be developed. Freeze- of article: The foreign article is intended viruses after purification procedure to fracture and freeze-etching techniques determine the validity o f the procedures. to be used to study the detailed structure together with immunochemical labelling of muscle cells. The main objective of this (d) Study of insect mitochondria to methods will be used to study the dis­ observe the aging process on these work is to understand the normal and organelles. tribution of membrane surface compo­ pathological structure of muscle and how (e) Several projects involving the nents and to relate the mobility of pro­ this is related to muscle disease. Appli­ general observation o f insect and mite tein and glycoprotein at membrane cation received by Commissioner of Cus­ ultrastructure. surface to the mobility of underlying tom s: September 20, 1973. The article will also be used for in­ structures in the lipid bilayer. Cells or Docket Number: 74-00132-66-46040. structional purposes in the following their isolated membranes will be subject courses: Applicant: Northwestern University, De­ to a variety of environments, hydrolytic partment of Materials Science, The A. Insect Morphology-Entomology 101. B. Insect Physiology-Entomology 102. chemicals and other manipulations to Technological Institute, Evanston, Illi­ C. Insect Vectors of Plant Pathogens- identify the factors responsible for con­ nois 60201. Article: Electron Microscope, Entomology 125. trolling membrane mobility or maintain­ Model JEM 100B. M anufacturer: JEOL,

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29506 NOTICES

Ltd., Japan. Intended use of article: The be used to .study etched fission tracks ical organisms. These fragile, highly foreign article is intended to be used in (i.e., pits about 10 microns in all dimen­ hydrated, cellular tissues are processed the following research projects: sions) in the surface of mica and other intact and also after subjection to me­ (1) Investigation of dislocation struc­solid-state track recorders, through chanical and biochemical treatment such tures in fatigued metals; (2) Investiga­ quantitative counting of all tracks in an as extraction procedures, histochemical tion of Atomic arrangements in transi­ area about 1 sq. cm. with the article in­ tests and physical manipulation in a pro­ tion metal mono-oxides and (3) Electron terfaced to a computer, to develop a gram aimed at ascertaining the types of microscopic investigation of the struc­ technique for rapid automatic counting tumors in marine animals, ascertaining ture of enzymes. Application received by of such tracks for use in nuclear-reactor the effect of antitumor agents on them Commissioner of Custom's: September physics experiments. Application received and the extraction of growth promoting 20,1973. by Commissioner of Customs: Septem­ and inhibiting substances from marine Docket Number: 74-00135-33-90000. ber 25, 1973. invertebrate tissues. The article will also George Washington University Medical Docket Number: 74-00138-33-10550. be used for demonstrations and conduct­ Center, 901 Twenty-third Street, NW., Applicant: Veterans Administration Hos­ ing research in courses intended to pre­ Washington, D.C. 20037. Article: EMI- pital, 3350 La Jolla Village Dr., San pare students for medical school, dental Scanner X-ray System. Manufacturer: Diego, California 92161. A rticle: Thin school and careers in research. Appli­ EMI Limited, United Kingdom. Intended layer Radiochromatography system, cation received by Commissioner of Cus­ use of article: The foreign article will be Model EO-lll-P-7973. Manufacturer: toms: September 24,1973. used in research intended to answer Panax Equipment Limited, United King­ Docket Number: 74-00143-33-46040. these questions : dom. Intended use of article: The article Applicant: Duke University Medical Cen­ (a) Are the quantitative [x-ray] ab­ will be used for the evaluation of radio­ ter, Department of Anatomy, Box 3011, sorptions generated of value in telling active compounds through chromato­ Durham, North Carolina 27710. Article: the exact type of tumor present?; (b) graphic techniques in studies on the Electron Microscope, Model Elmiskop Can the method be made even more sen­ metabolism of lipids in biological systems 102. M anufacturer: Siemens AG, West sitive by injecting into the blood radio- undertaken to understand the nature of Germany. Intended use of article: The graphic contrast media to enhance ab­ disordered lipid metabolism. Application research that is planned using the arti­ sorption differences of normal and ab­ received, by Commissioner of Customs: cle involves, among other things studies normal regions of the brain?; (c) Can September 25, 1973. of isolated protein molecules. It is hoped the method be adapted to body parts Docket Number: 74-00139-01-77040. that crystalline bovine serum albumin other than the brain?; (d) Can the Applicant: Rutgers University, Depart­ can be profitably studied using a special method be used to determine the effi­ ment of Chemistry, University Ave. and dark field technique and that it will be ciency of treatment of brain tumors of Warren St., Newark, N.J. 07102. Article: possible to detect alterations in this those patients undergoing cancer ther­ Mass Spectrometer, Model MS-30. Man­ molecule brought about by detergents. In apy?; and (e) Does it eliminate or com­ ufacturer: AEI Scientific Apparatus, addition work is planned on various iso­ plement existing studies?; and (f) Does United Kingdom. Intended use of article: lated components of cell membranes and it change the mode of caring for patients The article will be used for both high and on membrane fractions; and on studies with cerebral symptoms? low resolution mass spectrometry. Nat­ of metallic replicas of membrane frag­ The article will also be used to teach ural products will be examined for ments. Application received by* Commis­ medical students and physicians courses steroidal and triterpene content. Struc­ sioner of Customs: September 24, 1973. in the diagnosis and management of dis- tural proof will utilize high resolution Docket Number: 74-00144-01-07500. easès of the brain. The courses are en­ fragmentation patterns. Many cases will Applicant: University of Miami, P.O. Box titled, “Diagnostic Radiology” and “Com­ involve severely limited quantities of ma­ 8184, Coral Gables, Florida 33124. Arti­ puters in Radiology.” Application re­ terial and the presence of impurities. A cle: Heat Capacity Calorimeter, Manu­ ceived by Commissioner of Customs: large number of senior undergraduate facturer: Universite de Sherbrooke, Can­ September 21,1973. and graduate students will be using the ada. Intended use of article: The article Docket Number: 74-00136-99-46040. instrument for research. Application re­ is to be used for determining apparent Applicant: Middle Tennessee State Uni­ ceived by Commissioner of Customs: and partial molal heat capacities of elec­ versity, Department of Biology, Mur­ September 25, 1973. trolytes in aqueous and nonaqueous solu­ freesboro, Tennessee 37130. A rticle: Docket Number: 74-00140-00-46040. tions. The electrolytes studied will be Electron Microscope, Model EM 9S-2. Applicant: University of Pennsylvania, alkaline earth metal halides and per­ Manufacturer: Carl Zeiss, West Ger­ Purchasing Department, Philadelphia, chlorates, tetraalkylammonium halides many. Intended use of article: The for­ Pa. 19174. A rticle: Electromagnetic and perchlorates and some rare earth eign article is intended to be used in Shutter with Exposure Meter. Manufac­ halides. The nonaqueous solvents will be teaching courses entitled, “Cell Physi­ turer: Siemens AG, West Germany. In­ highly polar organic solvents. The objec­ ology, Advanced Bacteriology, Virology tended use of article: The article is an tives are to obtain thermochemical data and Electron Microscopy and Biology.” accessory to an existing electron micro­ on electrolytic solutions in order to pre­ The article will be used in the “Cell scope, which will be utilized for comple­ dict properties of nonaqueous solution Physiology” course to study the effects of tion of various biomedical projects in­ and to construct a theoretical model of various poisons, such as, insecticides on cluding: (1) Ultrastructural evaluation electrolytic solutions. The techniques em­ cellular organelles and to determine the of human brain, peripheral nerve and ployed will be to pass pure solvent and purity of homogenized samples following muscle biopsies; (2) Electron microscopy then an electrolytic solution of the sol­ centrifugation. The article will also be of rats with experimental allergic vent through the calorimeter. The article used in the “Advanced Bacteriology” and encephalomyelitis and malnutrition; (3) will detect a difference in heat capacity “Virology” courses to study viruses, in the Ultrastructural evaluation of spontane­ of the two liquids which can then be re­ “Cell Physiology” coursé to teach the ous and experimental virus diseases of lated to the thermodynamic properties of interpretation of electron micrographs humans and rats, and of humans sus­ interest. Application received by Com­ and in the course “Electron Microscopy pected of having a disease caused by missioner of Customs: September 25, and Biology” to teach electron micros­ virus infections. Application received by 1973. copy. Application received by Commis­ Commissioner o f Customs: September 24, Docket Number: 74-00145-92-46070. sioner o f Customs: September 24, 1973. 1973. Applicant: The Ohio State University, Docket Number: 74-00137-90-46070. Docket Number: 74-00142-33-46500. Department of Entomology, 190 ‘ North Applicant: University of Chicago, Opera­ Applicant: University of Hawaii at Hilo, Oval Drive, Columbus, OH 43210. Article: tor of Argonne National Laboratory, P.O. Box 1357, Hilo, Hawaii 96720. Arti­ Scanning Electron Microscope, Model 9700 South Cass Avenue, Argonne, Illi­ cle: Ultramicrotome, Model LKB 8800A. MSM-2. Manufacturer: Akashi-Seisaku­ nois 60439. A rticle: Scanning Electron Manufacturer: LKB Produkter AB, Swe­ sho, Ltd., Japan. Intended use of article: Microscope, Model MSM-3T. Manufac­ den. Intended use of article: The article The article is intended to be used for turer: Akashi-Seisakusho, Ltd., Japan. will be used to section normal and studies of the changes in the fine struc­ Intended use of article: The article will pathological tissues from marine biolog­ ture of exposed surfaces of Acari and

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29507 other arthropods of medical importance mammals. In addition, the functional any of these applications or any similar as they are related to developmental study of endocrine organs will be studied. applications received hereafter, the Serv­ times and environmental variables. The The article will also be used in teach­ ice will file an environmental impact article will also be used to train research ing courses entitled, Histology and Com­ statement as required by section 102(2) scientists in the use of the scope and the parative Microscopic Anatomy, Neuro­ (c) of the National Environmental Policy pictures of the fine structure of exposed physiology and Advanced Neurology. Ap­ Act of 1969 (42 U.S.C. 4332(a) (c)). The surfaces will be used to teach research plication received by Commissioner of Director will pass on the merits of these scientists about the biological variability Customs: September 19, 1973. applications or any like applications only of the Acari and the effects of develop­ Docket Number: 74-00141-16-78030. after the environmental impact state­ mental anti environmental modifications Applicant: California Institute of ment has received appropriate review.” on this variability. Application received Technology, 1201 East California Blvd., On September 19, 1973, the Director by Commissioner of Customs: Septem­ Pasadena, CA 91109. A rticle: Fourier notified each applicant that the environ­ ber 27, 1973. Spectrophotometer, Model FS-720A-12. mental impact statement would not be Docket Number: 74-00146-56-19000. Manufacturer: Beckman-Rnc Limited, completed in time to permit the proper Applicant: University of Miami, Rosen- United Kingdom. Intended use of article: review by interested parties and still stiel School of Marine and Atmospheric The article will be used in a program in meet the midnight October 20,1973, eco­ Science, P.O. Box 8184, Coral Gables, infrared and submillimeter astronomy to nomic hardship exemption deadline un­ Florida 33124. A rticle: Density Meter. provide capabilities essential in the de­ der section 101 (c) of the Marine Mammal Manufacturer: Université de Sherbrooke, velopment and evaluation of detector Protection Act of 1972. The Director in­ Canada. Intended use of article: The ar­ systems for far infra red astronomy lo­ formed each applicant that his applica­ ticle is to be used to study the character­ cated in separate laboratory sites. Ap­ tion for an economic hardship exemption istics of density of all the constituents of plication received by Commissioner, of could not be considered and further noti­ seawater. Application received by Com­ Customs: September 14,1973. fied each applicant that he could apply missioner o f Customs: September 28, (Catalog of Federal Domestic Assistance for a waiver of the moratorium and a 1973. Program No. 11.105, Importation of Duty- permit under section 101(a)(3)(A) of Docket Number: 74-00147-56-07520. Free Educational and Scientific Materials.) the Act. Applicant: University of Miami, Rosen- A. H . S tuart, The Service will continue working on stiel School of Marine and Atmospheric Director, the environmental impact statement un­ Science, P.O. Box 8184, Coral Gables, Special Import Programs Division. til it is completed. Florida 33124. A rticle: Heat Constant Flow Microcalorimeter. Manufacturer: [FR Doc.73-22677 Filed 10-24-73;8:45 am] Dated October 16,1973. Université de Sherbrooke, Canada. In­ J oseph W. G ehringer, tended use of article: H ie article will be National Oceanic and Atmospheric Acting Director, used to conduct heat capacity research national Marine Fisheries Service. on water and all its constituent elements. Administration Application received by Commissioner of FREDERICK J. WOELKERS III AND [FR Doc.73-22668 Filed 10-24-73;8:45 am] Customs: September 28,1973. ROY C. RANDALL Docket Number: 74-00125-33-46040. .Denial of Applications for Economic Hard­ STEPHEN W. FENNO Applicant: University of Chicago, 5801 ship Exemption for Taking Marine Ellis Avenue, Chicago, m inois 60637. Ar­ Mammals Notice of Withdrawal of Economic Hardship ticle: Electron Microscope, Model Cor­ Application The Director, National Marine Fish­ inth 275. M anufacturer: AEI Scientific Notice is hereby given that on Octo­ Apparatus Limited, United Kingdom. In ­ eries Service, received 12 applications from individuals in Alaska for exemp­ ber — , 1973, Stephen W . Fenno, Vice tended use o f article: The foreign article President, Aqualand, Inc., Bar Harbor, is intended to be used in studies on the tions from the provisions of the Marine Mammal Protection Act of 1972 (16 Maine 04609, was granted his request following: (1) Muscle and nervous tissue that his application for an economic from patients with various psychiatric U.S.C. 1361, et seq., 86 Stat. 1027 (1972)) on grounds of undue economic hardship, hardship exemption under the Marine illness and (2> muscle and nervous tis­ Mammal Protection A ct o f 1972 (16 sue from animals treated with various and one inquiry with regard to such an exemption. The applications involved U.S.C. 1361 et seq., 86 Stat. 1027 (1972)) drugs and procedures that £n one way or to take seven harbor seals (.Phoca another simulate psychosis in humans. the taking of comparatively large num­ bers of seals and sea lions from the same vitulina concolor) for public display (see Experiments will seek correlation of 38 FR 19267, July 19,1973) be withdrawn structural findings with clinical data on population stocks for the commercial sale of meat, feides, and blubber, and for the without prejudice. the patients and behavioral and bio­ Copies of the application for the ex­ chemical data in animals. commercial utilization of the meat as fish bait. emption, the letter from the Applicant The article will also be used to teach requesting that the application be with­ students the techniques of tissue prepa­ Notice of receipt of two of these ap­ plications, from Frederick J. Woejkers, drawn and the letter from the Director rations for electron microscopy, use and granting the request, are available for maintenance o f the electron microscope, III, of Seward, Alaska, and Roy C. Ran­ dall, of Port Williams, Alaska, was pub­ inspection at the Office of the Director, the production and integration of elec­ National Marine Fisheries Service, lished in the F ederal R egister on tron micrographs, and finally, a course Washington, D.C. 20235, and at the Na­ entitled, “Histochemistry and Electron March 6, 1973 (38 FR 6088). Notice of receipt of an additional nine applications tional Marine Fisheries Service’s Re­ Microscopic Effects of Drugs on Muscle gional Offices. The Regional Offices are was published in the F ederal R egister and Nerve.” Application received by located at the following addresses: Commissioner of Customs: Septem­ on June 20, 1973 (38 FR 16088, 16089). Notice of the final application was Southwest Region, 300 South Ferry ber 19,1973. Street, Terminal Island, California 90731, Docket Number: 74-00126-33-46040. published in the F ederal R egister on August 1, 1973 (38 FR 20488). telephone 213-831-9281; Northeast Re­ Applicant: Florida State University, Tal­ gion, Federal Building, 14 Elm Street, lahassee, Florida 32306. A rticle: Electron Notice of a public hearing on the ap­ Gloucester, Massachusetts 01930, tele­ Microscope, Model EM 201. M anufac­ plications for Woelkers and Randall ap­ phone 617-281-0640; Southeast Region, turer: Philips Electronic Instruments peared in the F ederal R egister on Duval Building, 9450 Gandy Boulevard, M arch 21, 1973 (38 FR 7407) and the NVD, The Netherlands. Intended use of St. Petersburg, Florida 33702, telephone article: The foreign article is intended hearing was held on April 11, 1973, in to be used in the study of synaptic link­ Kodiak, Alaska. 813-893-3141; Northwest Region, Lake ages in vertebrates and invertebrates and Notice was given in the Federal R eg­ Union Building, 1700 Westlake Avenue m the study of degenerative-regenera­ ister on June 20, 1973 (38 FR 16088) North, Seattle, W ashington 98109, tele­ tive patterns in the nervous system of “that prior to considering the merits of phone 206-442-7575; Alaska Region, P.O.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205------8 29508 NOTICES

Box 1668, Juneau, Alaska 99801, tele­ phone 907-586-7221. Committee Date, time, Type of meeting Committee Date, time, Type of meeting name place and contact person name place and contact person Dated October 18,1973. 3. Panel on November 3 Open November 3, 6. Technical November 8 Open- J oseph W. G ehringer, Review of and 4,9 a.m., 9 a.m. to 10 a.m., Electronic and 9, 9 a.m., Marshall S. Little, Acting Director, Topical Conference closed November Product Room 400, Room 627,12720 National Marine Fisheries Service. Analgesics. Room B, 3 after 10 a.m., Radiation 12720 Twin- , Twinbrook Parklawn closed November Safety brook Pkwy., Pkwy., Rockville, [FR Doc.73-22669 Filed 10-24-73; 8:45 am] Bldg., 6600 4. Lee Geismar, Standards Rockville, MD 20862, Fishers Lane, Room 10B-06, Commit­ MD. 301-443-3426. Rockville, 6600 Fishers Lane tee. MD. Rockville, MD DEPARTMENT OF HEALTH, 20852, 301-443-4960. Purpose.—Provides advice and guid­ EDUCATION, AND WELFARE ance on technical feasibility, reasonable­ Food and Drug Administration Purpose.—Reviews and evaluates ness, and practicability of performance available information concerning safety standards for electronic products to con­ ADVISORY COMMITTEES and effectiveness of active ingredients of trol emission from such products. Notice of Meetings currently marketed nonprescription drug Agenda.— Review of activities of Pursuant to the Federal Advisory Com­ products containing topical analgesic , Bureau of Radiological Health, effect of mittee Act of October 6,1972 (Pub. L. 92- agents. federal regulations on state standards, 463, 86 Stat,' 770-776 (5 U.S.C. A p p .)), Agenda.—Continuing review of over- proposed amendments to the diagnostic the-counter drug products under investi­ x-ray standard, and petition for amend­ the Food and Drug Administration an­ gation. ment to the microwave oven standard. nounces the following public advisory committee meetings and other required Committee Date, time, Type of meeting Committee Date, time, Type of meeting information iri accordance with provi­ name name place and contact person sions set forth in section 10(a)(1) and place and contact person (2) o f the act: 7. Panel on November 9 Open November 9, 4. Respiratory November 6, 9 Open 9 a.m. to 10 Review of and 10, 9 „ 9 a.m. to 12 noon, and Anes­ a.m.,„Confer­ a.m., closed after Bacterial a.m., Toyon closed November 9 Committee Date, time, Type of meeting thetic ence'Room A, 10 a.m. David L. Vaccines “A” Suite, after 12 noon, name place and contact person Drugs Ad­ Parklawn Scally, M.D., and San Francisco closed November 10. visory Bldg., 6600 Room 10B-30, Toxoids. Hilton, San Jack Gertzog Commit­ Fishers Lane, 6600 Fishers Lane, Francisco, (BI-6), 5600 1. Panel on November 1-3, Open November 1, tee. Rockville, Rockville, MD CA. > Fishers Lane, Review of 9 a.m., Room 9 a.m. to 11 a.m., MD. 20852, 301-443-3870. Rockville, MD Bacterial 121, Bldg. 29, closed November 1 20862, 301-496-1676. Vaccines and National Ins­ after 11 a.m., Bacterial titutes of closed November 2 Purpose.—Advises the Commissioner o f Antigens. Health; 9000 and 3. Jack Food and Drugs regarding safety and Purpose.—Advises the Commissioner Rockville ' Gertzog (BI-6), of Food and Drugs on the safety and Pike, 6600 Fishers Lane, efficacy of drugs employed in anes­ Bethesda, Rockville, MD thesiology. effectiveness of bacterial vaccines and MD. 20662, toxoids with standards of potency. '301-496-1676. Agenda.—The relevance of, the current Agenda.—Continuing review of bac­ “precaution” concerning usage of halo- terial vaccines and toxoids under investi­ Purpose.—Advises the Commissioner thane in patients with liver dysfunction gation. of Food and Drugs on the safety and ef- (open); protocols implementing the com­ fectiveiiess of bacterial vaccines and bac­ mittee’s recommendations on fentanyl Committee Date, time, Type of meeting terial antigens and of combinations and droperidol; the rationale of the com­ name place and contact person thereof whose labels are required to state mercially available mixture of fentanyl “ No U.S. Standard of Potency.” and droperidol (Innovar); placental 8. Panel on Re­■ November 16 Open November 16, transfer studies concerning gallamine; view of and 17, 9 a.m., 9 a.m., to 10 a.m., Agenda.—Continuing review of bac­ Laxative, Conference closed November and the clinical significance of metabo­ Anti-diar­ Room C, «<' 16 after 10 a.m., terial vaccines and bacterial antigens lism of newer fiuorinated inhalational rheal, Parklawn closed November under investigation. Emetic, Bldg., 6600 17. John T. Me- ... anesthetics in patients with renal trans­ and Anti­ Fishers Lane, Elroy (BD-109), plants (all closed) ^ emetic Rockville, Room 10B-05, Drugs. MD. Committee Date, time, Type of meeting 6600 Fishers Lane, name place and contact person Rockville, MD. Committee Date, time, Type of meeting 20862, 301-443-4960. name place and contact person 2. Ophthalmic November 2, Closed 9 a.m. to - Drugs 9 a.m., Con­ 10 a.m., open 10 Purpose. — Reviews and evaluates Advisory ference Room a.m. to 11 a.m:, 5. Panel on November 5 Open November 6, available information concerning safety Commit­ M, Parklawn closed after 11 a.m. Review of and 6, 9 a.m., 9 a.m. to 10 a.m., tee Building; 6600 William E. Sedative, Room 1409, closed November 6 and effectiveness of active ingredients of Fishers Lane, Gilbertson, Tranquil­ FB No. 8, after 10 a.m., currently marketed nonprescription drug Rockville, Pharmacy D., izer, and 200 C St. SW. , closed November 6. products containing laxative, anti- MD. Room lttB-06, Sleep Aid Washington, Michael D. 6600 Fishers Lane, Drugs. D.C. - Kennedy, Room diarrheal, emetic, and antiemetic agents. Rockville, MD 10B-06, 6600 20662, 301-443-3800. Fishers Lane, Agenda.—Continuing review of over- Rockville, MD the-counter drug products under investi­ 20862, 301-443-4960. gation. Purpose,—Advises the Commissioner of Food and Drugs regarding safety and Purpose.--Reviews and evaluates Committee Date, time, Type of meeting efficacy of drugs employed in the treat­ available information concerning safety name place and contact person ment of diseases and disorders of the eye. and effectiveness of active ingredients of 9. Panel on Re­ November 17,9 Open 9 a.m. to 10 Agenda.—Subcommittee report and currently marketed nonprescription drug view of a.m., Diplo­ a.m., closed after products containing sedative, tran­ Ortho­ mat Room, 10 a.m. LeonJ. De- proposal for steroid anti-infective fixed paedic Sheraton Four Merre, Ph. D., quilizer, or sleep aid drugs. Devices. Ambassadors, Room 212,1901 dosage combination drugs (open) ; re­ Miami, FL. Chapman Ave., Agenda.—Continuing review of over- . Rockville, MD view of various ophthalmic drug products the-counter drug products under 20852, 301-443-2376. (closed ). investigation.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29509 writing before or during a meeting shall Purpose.—Reviews sind cvslu&tcs RV&il— Committee Data time, Type of meeting place and contact person also be considered by the committee. able data concerning safety, effective­ name A list of committee members and sum­ ness, and reliability of orthopaedic de­ mary minutes of meetings may be ob­ vices currently in use. 13. Panel on November 26 Open November 26, Agenda.—Submission of condensed re­ Review and 27,9 a.m., 9 a.m. to 10 a.m., tained from the contact person for the of Topical Conference closed committee both for meetings open to the port on overall activities o f the Panel Analges- Room C, November 26 public and those meetings closed to the since its inception ; comments concerning ies. Parklawn after 10 a.m., Bldg., 5600 closed public in accordance with section 10(d) the Panel’s proposal for a workshop on Fishers Lane, November 27. of the Federal Advisory Committee Act. orthopaedic devices, with industry’s in­ Rockville, Lee Geismar, MD. Room 10B-05, Most Food and Drug Administration put; and discussion o f performance 5600 Fishers Lane, advisory committees are created to advise standards. Rockville, MD 20852, the Commissioner of Food and Drugs on 301-443-4960. pending regulatory matters. Recom­ Committee Date, time, Type of meeting mendations made by the committees on name place ana contact person Purpose.—Reviews and evaluates avail­ these matters are intended to result in ac­ tion under the Federal Food, Drug, and 10. Panel on November 18 Closed November 18, able information concerning safety and Review of and 19,9 a.m., open November 19, effectiveness of active ingredients of Cosmetic Act, and these committees thus Contra­ Conference 9 a.m., to 10 a.m., necessary participate with the Commis­ ceptives Room K, closed November currently marketed nonprescription drug and other Parklawn 19 after 10 a.m. products containing topical analgesic sioner in exercising his law enforcement Vaginal Bldg., 5600 Armond Welch, agents. responsibilities. Drug Fishers Lane, Room 10B-05, 5600 The Freedom of Information Act rec­ Products. Rockville, Fishers Lane, Agenda.—Continuing review of over- MD. Rockville, MD. ognized that the premature disclosure of 20862, 301-443-4960. the-counter drug products under investi­ gation. regulatory plans, or indeed internal dis­ cussions of alternative regulatory ap­ proaches to a specific problem, could have Purpose.—Reviews and evaluates Committee Date, time, Type of meeting available inform ation concerning safety name place and contact person adverse effects upon both public and pri­ and effectiveness of active ingredients vate interests. Congress recognized that of currently marketed nonprescription 14. Panel on November 29 Open November 28, such plans, even when finalized, may not drug products containing contraceptives Review and 30,9 a.m., 9 a.m., to 10 a.m., be made fully available in advance of the of Denti­ Conference closed effective date without damage to such and other vaginal drug products. frices and Room C, November 28 Agenda.—Continuing review of over- Dental Parklawn after 10 a.m., interests, and therefore provided that the-counter drug products under Care Bldg., 6600 closed this type of discussion would remain Agents. Fishers Lane, November 29. investigation. Rockville, MiGhael D. confidential. Thus, law enforcement MD. Kennedy, activities have long been recognized as a Room 10B-05, Committee Date, time, Type of meeting 5600 Fishers Lane, legitimate subject for confidential con­ name place and contact person Rockville, MD sideration. 20852, 301-443-4960. These committees often must consider 11. National November 19 Open November 19, trade secrets and other confidential in­ Advisory and 20,9:30 _ closed November form ation submitted by particular manu­ Food a.m., Con­ 20. Robert A. Purpose.—Reviews and evaluates avail­ Com- ' ference Room Littleford, Ph. D., facturers which the Food and Drug Ad­ mittee. G, Parklawn Room 7-67, 6600 able information concerning safety and ministration by law may not disclose, Bldg., 5600 Fishers Lane, effectiveness of active ingredients of Fishers Lane, Rockville, MD and which Congress has included within Rockville, 20852, 301-443-4463. currently marketed nonprescription drug the exemptions from the Freedom of In­ MD. products containing dentifrices and den­ formation Act. Such information in­ tal care agents. cludes safety and effectiveness informa­ Purpose.—Advises the Commissioner Agenda.—Continuing review of over- tion, product formulation, and manufac­ of Food and Drugs on policy matters of the-counter drug products under turing methods and procedures, all of national significance as they relate to investigation. which are of substantial competitive im­ assuring safety of foods, reviews and portance. makes recommendations on applications Committee Date, time, Type of meeting In addition, to operate most effectively, for grants-in-aid, and serves as a forum name place »id contact person the evaluation of specific drug or device for the exchange of views and products requires that members of com­ recommendations. 15. Panel on November 29 Open November 29, mittees considering such regulatory mat­ Agenda.—Review of food fortification Review and 30, 9 a.m. to 10 a.m., ters be free to engage in full and frank proposals o f FDA (o p e n ); review of re­ of Anti­ December 1, closed microbial 9 a.m., November 29 discussion. Members of committees have search grants (closed). 1 Agents. Conference after 10 a.m., Room A, closed frequehtly agreed to serve and to provide Parklawn November 30 their most candid advice on the under­ Committee Date, time, Type of meeting Bldg., 6600 and December 1, name place and contact person Fishers Lane, Michael D. standing that the discussion would be Rockville, Kennedy, private in nature. Many experts would MD. Roam 10B-05, be unwilling to engage in candid public 12. Panel on November 19 Open November 19, 5600 Fishers Lane, Review and 20, 9 a.m., 9 a.m. to 10 a.m., RockviUe, MD discussion advocating regulatory action of In- . Conference closed 20852, against a specific product. If the com­ temal - Room L, November 19 301-443-4960. Analgesic Parklawn after 10 a.m., mittees were not to engage in the delib­ Including Bldg., 5600 closed erative portions of their work on a con­ Antirheu­ Fishers Lane, - November 20. Purpose.—Reviews and evaluates avail­ matic Rockville, Lee Geismar, fidential basis, the consequent loss of Drugs. MD. Room 10B-06, able information concerning safety and frank and full discussion among commit­ 5600 Fishers effectiveness of active ingredients of cur­ tee members would severely hamper the Lane, Rockville, MD 20852, rently marketed nonprescription drug value of these committees. 301-443-4960. products containing antimicrobial agents. The Food and Drug Administration is Agenda.—Continuing review of over- relying heavily on the use of outside ex­ Purpose.-—Reviews and evaluates the-counter drug products under investi­ perts to assist in regulatory decisions. available inform ation concerning safety gation. The Agency’s regulatory actions uniquely and effectiveness of active ingredients of Agenda items are subject to change as affect -the health and safety of every currently marketed nonprescription drug priorities dictate. citizen, and it is imperative that the best Products containing internal analgesic During the open sessions shown above, advice be made available to it on a con­ deluding antirheumatic drugs. interested persons may present relevant tinuing basis in order that it may most Agenda.—Continuing review of over- information or views orally to any com­ effectively carry out its mission. the-counter drug products under mittee for its consideration. Information A determination to close part of an investigation. or views submitted to any committee in advisory committee meeting does not

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, J 973 29510 NOTICES

mean that the public should not have [DESI 12708; Docket No. FDC-D-598; NDA Food and Drugs published an order deny­ ready access to these advisory commit­ 12-708] ing a hearing and withdrawing approval tees considering regulatory issues. A ANTIHYPERTENSIVE COMBINATION o f all new animal drug applications determination to close the meeting is CONTAINING A VERATRUM ALKALOID (NADA’s) for use of diethylstilbestrol subject to the following conditions: Extension of Time of Effective Date (DES) implants in cattle and sheep. In First, any interested person may submit the F ederal R egister o f May 3, 1973 (38 written data or information to any com­ In the F ederal R egister o f October 2, FR 10926) the Commissioner published mittee, for its consideration. This infor­ 1973 (38 FR 27314) the Commissioner of an order revoking regulations regarding mation will be accepted and will be con­ Food and Drugs published a notice with­ the use of DES pellets and revoking the sidered by the committee. Second^ a por­ drawing approval of that part of NDA former method (specified in former 21 tion of every committee meeting will be 12-708 pertaining to Diutensin-R Tablets CFR 135g.26) for the determination of open to the public, so that interested containing cryptenamine (as tannate DES residues in edible tissues of beef cat­ persons may present any relèvant in­ salts), methyclothiazide, and reserpine tle and sheep. form ation or views orally to the commit­ marketed by Mallinckrodt Chemical Thereafter, two o f the applicants tee. The period for open discussion will Works, Pharmaceutical Products Divi­ whose NADA’s had been withdrawn be designated in any announcement of sion, Post Office Box 5439, St. Louis, MO (Vineland Laboratories, Inc., NADA 10- a committee meeting. Third, only the 63160. The withdrawal o f approval was 964V and Hess & Clark, NADA 12-553V) deliberative portion of a committee to become effective on October 12, 1973. petitioned the United States Court of meeting, and the portion dealing with The Food and Drug Administration has Appeals for the District of Columbia Cir­ trade secret and confidential informa­ received a request from Mallinckrodt cuit to review the Commissioner’s orders. that the effective date be extended from tion, will be closed to the public. The Hess & Clark, Division of Rhodia, Inc. v. portion of any meeting during which October 12, 1973 to November 10, 1973. non-confidential information is made The notice of October 2, 1973 indicated Food and Drug Administration, No. 73- available to the committee will be open that Mallinckrodt elected to reformulate 1581, and Vineland Laboratories, Inc. v. for public participation. Fourth, after the Diutensin-R Tablets deleting the cryp­ Weinberger et al., No. 72-1589. Petition­ committee makes its recommendations tenamine component and leaving only ers sought a stay of the Commissioner’s and the Commissioner either accepts or reserpine and methyclothiazide. A sup­ order and the cases were consolidated. plement was submitted to so provide and rejects them, the public and the individ­ On September 14,1973, the Qourt entered uals affected by the regulatory decision final printed labeling was submitted on involved will have an opportunity to ex­ June 12, 1973. an order staying the Commissioner’s press their views on the decision. If the In their request for an extension orders, but further ordered that the stay decision results in promulgation of a Mallinckrodt stated that they have been would not become effective if, within 20 regulation, for example, the proposed unable to print stock labeling to be used days, petitioners submitted to the Com­ regulation will be published for public in the marketing package or to prepare goods for shipment because the notice missioner material showing the existence comment. Closing a committee meeting of data demonstrating the presence of for deliberations on regulatory matters was published prior to final FDA approval will therefore in no way preclude public of the supplemental new drug applica­ genuine issues of fa ct requiring a hear­ access to the committee itself or full tion. Also, they stated that FDA had ing, and if within 20 days from these public comment with respect to the de­ notified them on October 5,1973 that the submissions, the Commissioner com­ cisions made based upon the committee’s approval letter was being prepared and menced a hearing. The Court further recommendation. would be forwarded immediately. Mallinckrodt stated in their request stated “ lilt is to be understood by the The Commissioner has been delegated parties that these conditions presume the authority under section 10(d) of the that they have initiated the necessary Federal Advisory Committee Act to issue work required for production, packaging, the existence of challenges or disputes a determination in writing, containing and labeling of the reformulated prod­ of material facts sufficient to warrant the reasons therefor, that any advisory uct. They estimated that it will take at the holding of a hearing.” committee meeting is concerned with least 30 days to orderly produce, obtain On October 4, 1973, both Vineland and labeling for, and package the reformu­ matters listed in 5 U.S.C. 552(b), which Hess & Clark submitted to the Commis­ contains the exemptions from the public lated product. sioner a statement of what they con­ disclosure requirements of the Freedom The Commissioner finds that there are reasonable grounds for granting the tended were issues of fact requiring a of Information Act. Pursuant to this au­ request for extension. Therefore, the ef­ hearing. The Commissioner has carefully thority, the Commissioner hereby deter­ fective date has been extended to No­ considered these submissions as required mines, for the reasons set out above, that vember 10, 1973. by the Court’s order, and concludes that the portions of the advisory committee This action is taken pursuant to pro­ neither Vineland nor Hess & Clark has meetings designated in this notice as visions of the Federal Food, Drug, and presented any evidence showing that closed to the public involve discussion Cosmetic Act (sec. 505, 52 Stat. 1053, as amended (21 U.S.C. 355)) and the Ad­ there is a genuine issue of material fact of existing documents falling within one ministrative Procedure Act (5 U.S.C. warranting a hearing as to whether sec­ of the exemptions set forth in 5 U.S.C. 554) and under authority delegated to tion 512 of the Act, 21 U.S.C. 260b, re­ 552(b), or matters that, if in writing, the Commissioner of Food and Drugs (21 quires withdrawal of the approval of the would fall within 5 U.S.C. 552(b), and CFR 2.120). NADA’s, as explained in more detail that it is essential to close such portions below. of such meetings to protect the free ex­ Dated October 23,1973. I. The alleged issues of fact set forth change of internal views and to avoid Sam D. Fine, by Vineland. undue interference with Agency and Associate Commissioner for Compliance. A. Vineland asserts that an issue of committee operations. This determina­ fact exists as to whether DES residues tion shall apply only to the designated [FR Doc.73-22744 Filed 10-23-73; 10:51 am] were detected by the USDA-Worcester portions of such meetings which relate Foundation radioactive-tagged implant to trade secrets and confidential infor­ [Docket No. FDC-D-494; NADA Nos. 10- 964V and 12-553V] study upon which the April 27,1973 Order mation or to committee deliberations. DIETHYLSTILBESTROL was based. In support of its allegation, Dated October 18, 1973. Order Denying Hearing to Vineland Vineland cites the Commissioner’s A. M. S c h m id t , Laboratories, Inc., and Hess & Clark April 27 Order which says “ [flree DES .Commissioner of Food and Drugs. In the Federal R egister of April 27, could not be positively confirmed in the [FR Doc.73-22608 Filed 10-24-73;8:45 am] 1973 (38 FR 10485) the Commissioner of livers of these cattle * * *’’ Vineland fur-

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29511

Even conceding these statements to be between the administration of DEIS to ther asserts that the USDA and Wor­ pregnant women and the manifestation cester Foundation test reports make no true, the Commissioner concludes that they do not raise an issue of fact requir­ of extremely rare adenocarcinomas of claim to have detected free DES, and the vagina in young women who were submits two affidavits from Bernard ing a hearing to determine if DES im­ flyman. M.D., in support of their asser­ plants have been “shown to be safe,” as exposed to DEIS while still in the womb. Dr. Jones’ opinion that the DEIS residues tion that free DES was not detected. is required to preclude withdrawal of ap­ Thé Commissioner concludes that this proval under section 512(e) (1) (B) of the would cause only one case of cancer per act. Vineland has identified no data or year per billion children is apparently is not an issue of fact requiring a hear­ based on an extrapolation from the dos­ ing. The Commissioner agrees that free scientific study which establishes the safety of any amount either of free DES age of DES associated with the causation DES was not positively identified. It is of cancer in the Herbst study. Such a * clear, however, as repeatedly conceded by residues or of DES conjugate residues. FDA is not required to establish that speculative extrapolation is not an “ade­ Vineland (Statement, pp. 4 and 5; Kli- quate test” as required by the statute. man Affidavit of October 3, 1973, p. 2 ), whatever residues were found are in fact carcinogenic Or otherwise unsafe as a (Such an extrapolation is also scien­ that DES conjugate was found by the tifically unsound, since there is no test. The statute requires a showing of prerequisite for invoking section 512(e) (1) (B) of the act. The ultimate issue is demonstrated correlation between single safety of DES conjugate residues as well high dose ingestion of DES with con­ as free DES residues. whether the use of DES implants is now shown to be safe in light of the admitted tinuous exposure of low levels of DES, Vineland further asserts that a con­ and Dr. Jones provides no scientific basis jugate of DES is not a residue of DES, fact that DES conjugate residues have been found in edible tissues. DES is a to support any such extrapolation.) citing the affidavit of Dr. Kliman exe­ There is no data from scientific studies cuted on June 11, 1973. The affidavit known carcinogen, and hence any con­ jugate form of DES is certainly suspect establishing any minimum safe amount states his opinion that “ [al ‘residue’ for the ingestion of DES or its conju­ is the remainder of the original sub­ in the absence of, data to the contrary. Even if DES conjugate were not re­ gates. Indeed, at the lowest levels in stance, and the term ‘residue’ should which DES has been tested, 6.25 parts per not be used to describe new compounds garded as a suspect carcinogen it has not been proved safe by “adequate tests by billion, it was found to be carcinogenic formed from the original substance. The when fed to experimental animals. term ‘DES residues’ should only be used all methods reasonably applicable” as required by section 512(d) (1)'(A ). Vine- Gass, Coats and Graham: “Carcinogenic to describe free DES itself.” Dose—Response Curve to Oral Diethyl- The Commissioner concludes that the land has not submitted, and indeed has not even asserted the existence of, even stilbestrol”, Journal of the National Act requires that, in determining whether Cancer Institute, Vol. 33, No. 6, Decem­ a drug is safe, both the ‘‘consumption of one scientific study establishing the safety of any amount of any conjugate ber, 1964, pp. 971-977, at 973. such drug and of any substance formed The affidavit of Dr. Kliman states that in or on food because of the use of such DES residue. It is therefore clear that no issue of fact exists on this matter. the Worcester study “demonstrates the drug” must be considered. 21 U.S.C. 360b presence of DES conjugates in the livers (d) (2). This requirement is controlling. Thus, whether the residue detected was DES monoglucuronide or some other of cattle receiving implants of DES 120 It is therefore irrelevant whether the days earlier.” He further states that “the DES conjugate that Vineland concedes conjugate form of DES, whether it is or is not a carcinogen, a weak estrogen, or detected conjugate of DES appears to was found is denominated a “DES resi­ an indicator of carcinogenicity, is im­ be DES monoglucuronide”, that this sub­ due” or otherwise. stance has less estrogenic potency than B. Vineland asserts that the method material. The record conclusively dem­ onstrates that the DES conjugate which free DES, and that the risk associated used in the radioactive tracer study is Vineland concedes was found has not with residues of DES as found by the not “an approved method of examination been shown to be safe. Worcester Foundation is one case of prescribed or approved by the Secretary D. Vineland asserts that a factualcancer for the American population in by regulations” within the meaning of issue remains as to whether DES mono­ 2,000 years. Dr. Kliman nowhere states, section 512(d) (1) (H) o f the act, the so- glucuronide in the amounts found has however, that DES monoglucuronide or called Delaney Clause. been shown to be safe, and affirmatively any other conjugate of DES is not a car­ The Commissioner agrees that the test asserts that such a residue is safe. In cinogen, or is in fact safe for human method used has not been “prescribed or support of this proposition, Vineland as­ consumption. Nor does he indicate that approved by regulation” . This fact is im ­ serts as follows: any adequate scientific testing of such material to the finding that DES im ­ 1. “Human data are available from substances has occurred to support such plants are “not shown to be safe” for use which it can be computed that DES a position. His unsupported opinion that under the approved conditions of use, monoglucuronide in the concentrations the detected residue is safe is anecdotal and thus approval for théir use must be involved in the Worcester Foundation or and unsupported by adequate scientific ! withdrawn, under section 5 1 2 (e)(1 )(B ) USDA tests is safe”. In support of this data, and thus fails to meet the statu­ j of the act. Section 512(e) (1) (B) does not statement Vineland provides a letter of tory standard. The absence of any valid [ require use of a method prescribed by Dr. Hardin B. Jones and the Kliman test that purports to show the safety | regulation. affidavit o f October 3, 1973. of any amount of any DES conjugate C. Vineland alleges that the Commis­ The Jones letter states that author’s is conclusive, under the statute, that no sioner’s April 27 order is erroneous in opinion that DES residues present “no genuine issue of fact exists on the ques­ I stating that “no distinction can be made real hazard” to the American adult tion of whether such substance has been between free DES residues and conjugate public and a remote hazard to children, shown to be safe. [ DES residues”. In support of its asser­ though he suggests that the doubling of 2. Vineland asserts that the standard tion that there is a distinction to be the cancer rate in children since 1945 is proposed in the F ederal R egister of drawn between free DES residues and “perhaps due to medical use of DES and July 19, 1973 (38 FR 19226) allows a conjugate DES residues, Vineland asserts other substances.” Dr. Jones does not lesser burden of proof of safety, the following: cite any scientific study or other scien­ i.e. that instead of requiring proof of ab­ (1) The conjugate detected appears to tific evidence to support his position. His solute safety, a scaling down of dose- be DES monoglucuronide. conclusion is purely anecdotal and does response relationships will arrive at a (2) DES monoglucuronide is n ot a not satisfy the statutory standard of level of a carcinogen that is “virtually known carcinogen. “adequate tests” established in section safe” . (3) DES monoglucuronide is a-weak 512(d) (1) (A) of the act. The only refer­ The Commissioner concludes that this [ estrogen. 7 7 ' ... . ence to a scientific paper in his letter raises no issue of fact as to the safety (4) The fact that a substance is an is to the study by A. L. Herbst et al., of the residues found by the Worcester > estrogen does not indicate that it is Foundation. If this proposal is made carcinogenic. Nev\ England Journal of Medicine Vineland submitted aflkfavits purport- 287:1259 (December, 1972), which re­ final it would first be necessary for an mg to support these statements. ported a significant medical association applicant to conduct the safety studies

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29512 NOTICES

specified in that proposal, on both the treatment with the drug deserves serious to establish that its implants are unique drug (DES) and its metabolites (DES consideration of voluntary termination or that they leave no residues utilizing conjugates). As already noted, this has of pregnancy.” There is a clear distinc­ an appropriately sensitive method. The not yet been done. Indeed, the lowest tion between the need for a particular statute requires “adequate tests” to sub­ dose fed to test animals (6.25 parts per emergency use of a drug, to carry out stantiate Vineland’s position. In the ab­ billion) has been shown carcinogenic, a specific medical purpose with the sence of any scientific data whatever and thus a no-efflect level has not yet patient’s consent, and the addition of there is no issue of fact on which to hold been found. Under the proposal, once that substance to the food supply for a hearing on this matter. a dose-response curve is established, it the public at large, which cannot deter­ G. Vineland asserts that the discard­ would then be possible to extrapolate mine what meat may contain it. DES ing of beef livers offers a feasible alterna­ down to the level required for the sensi­ as a postcoital contraceptive is used to tive to withdrawal of approval. No evi­ tivity of the regulatory analytical obviate an abortion, and only with the dence or data was submitted to show the method—probably a very few parts per patient’s fully informed consent. There feasibility o f such an approach or to show trillion or even lower. The lowest residue is no comparable human purpose for that such procedures would, in the words of DES and/or its conjugates detected DES in meat, nor any mechanism to ob­ of section 512(d) (2) of the act, be “rea­ by Worcester was 40 parts per trillion tain the consumer’s informed consent. sonably certain to be followed in when only one implant was used, or many E. Vineland asserts that the former practice.” times the required level under the July 19 assay method prescribed and approved The Commissioner concludes that, proposal. Adoption of the July 19 pro­ by the Secretary by. regulation are ade­ without the existence of data and tests posal would then require the develop­ quate and practicable regulatory methods to support such a proposal, the statutorily ment of a valid method capable of de­ for detecting DES residues. This is based required standard of “adequate tests” tecting residues of DES at these low lev­ on its assertion that the radioactive test has not been satisfied. In any event, such els. The former methodology revoked by did not detect DES residues. a proposal is irrelevant to a withdrawal the order o f May 3, 1973, is accurate and The Commissioner concludes that this of Vineland’s NADA since the discarding reliable at a few parts pier billion, not raises no issue of fact since, as previously of liver is not an approved condition of a few parts per trillion, and thus is set forth above and as conceded by Vine- use of the drug at the present time and conclusively inadequate. Neither Vine- land, residues of DES conjugate resulting could only be added by the filing and land nor Hess & Clark has submitted from the use of DES implants were in approval o f a new NADA. data to establish the validity of a method fact detected at levels well below the sen­ H. Hess & Clark’s Statement of Issues which is remotely close to the degree sitivity of the former methods. Thus it is of Fact. of sensitivity required under the July 19 clear that the former assay methods are A. Hess and Clark submits that the proposal. unable to detect “any substance formed radioactive test implants are not suffi­ 3. Vineland asserts that the state­ in or on food” because of the use of such ciently similar to production DES im­ ments of PDA officials that “no known drug, as required by sections 512(b) (7) plants to warrant application of the harm has been demonstrated as a re­ and 512(d) (2) of the act. study results to them. sult of DES implants” and “use of DES Similarly, Vineland objects to the Com­ The Commissioner concludes that this in animals did not, in our judgment, missioner’s finding that there should be argument is inconsistent with Hess & constitute a health risk to humans” is no change in the existing 120-day pre­ Clark’s own submitted Research Report proof that the residues confirmed by slaughter interval. [Exhibit 2, pp. 2-3, and Ex. 3, p. 3], which Worcester are safe. The Commissioner concludes that no admits that the implants used in these The Commissioner concludes that these preslaughter interval can be established USDA and Worcester studies were of the statements do no raise any issue of fact. under the statute because the proponents same formulation and dimensions as Under the statute it is not the duty of the drug have not submitted “adequate their own production implants. In any of PDA to establish that the residues are tests” or indeed any tests to establish event, Hess & Clark has submitted no unsafe. The statute requires that the such an appropriate interval to insure scientific data to support its contentions FDA stop use of the drug unless the that no residues will result, or “prac­ that their implants are unique or leave residue is proven to be safe by its ticable methods” to determine residues no residues (see paragraph I_(F) above). proponents. Congress concluded that of DES and its conjugates, as required Hess & Clark theorizes that impurities safety must be proven by “adequate by the clear provisions of the law. and not DES in the test implants might tests” before marketing, and this statu­ F. Vineland asserts that a hearing explain the residues detected in these tory requirement has not been met. The must be convened to determine if the studies, but presents no supporting data fact that no known harm has been dem­ results of the radioactive tracer study to indicate that no such impurities occur onstrated may well be due to the fact are applicable to Vineland’s implants. in their production implants, which may that no adequate studies have been The Commissioner agrees that Vine­ properly contain up to 3% unspecified performed. land’s implants were not tested by USDA impurities, according, to their own for­ 4. Vineland notes that the Commis­ and Worcester. However, Vineland failed mulation and the United States Phar­ sioner has proposed the use of DES as to submit any scientific data to support macopeia, XVIH, p. 187. Hess & Clark an emergency postcoital contraceptive the contention that their implant is dif­ further suggests that pseudo-DES might (38 P R 26809), published in the F e d e r a l ferent, or should be treated differently, be such a substance. A small amount of R e g is t e r of September 26, 1973) and from any other implant specifically de­ pseudo-DES was found by Hess & Clark asserts that it would require 250,000,000 signed and represented to release DES in a laboratory sample of one of the pounds of liver to equal the DES intake for the purpose of promoting growth in batches used to make up the radioactive in one postcoital contraceptive tablet. cattle and sheep. implants, but not in the second batch. The Commissioner concludes that the By letter of March 29, 1971, the Pood Hess & Clark examined laboratory sam­ use of DES as a human drug for emer­ and Drug Administration requested data ples but did not sample actual implants gency postcoital contraceptive purposes from Vineland to establish the time at or material from implanted steers. does not establish the safety, or even which no residues of their implant would The Commissioner concludes th at relate to the safety, of continued long­ be detected in edible tissues of the im­ since no scientific data whatever were term exposure to small amounts of DES planted animal. By letter of September 7, presented to prove the safety of p se u d o - in food. The proposal to approve DES 1971, the firm was also asked for data DES, there is no issue of fact p resen ted for contraceptive use states that because on the disappearance of the implants for a hearing. The USDA and W o rce s te r of “the possibility of delayed appearance from the ears of treated cattle. To date, studies found and confirmed radioactive of carcinomas in females whose mothers Vineland has failed to submit the data UC DES conjugate in the livers o f steers have been given DES late in pregnancy, requested. which had actually been implanted 120 and because teratogenic and other ad­ The labeling of Vineland’s implants, days before slaughter. The residues were verse effects on the fetus with the very just' as Hess & Clark’s implants, repre­ found to result from implants formulated early administration recommended are sents that the drug is effective for 120 from both batches. The 1939 and 1943 not wiell understood, failure of postcoital days. Vineland has submitted no data British studies Hess & Clark itself cities

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29513

[Exhibit 4, Dodds, et al„ and W alton residues found were of the impurities porting false positive results in unknown and Brownlee] concerning pseudo-DES (constituting at most 4 percent of the samples.” (Hess & Clark Research Re­ indicate both that it possesses estrogenic implant) rather than DES (which con­ port #W H R 72:114 December 12, 1972, activity and that its production does not stituted at least 96 percent of the im­ p. 6, signed by W. H. Ray, Director of require radioactivity. Hess & Clark pro­ plant) . On page 8 of both affidavits, Drs. Chemical Research). vides no data on the composition or ac­ Leiberman and Clark state: “Specifi­ E. The twin affidavits of Drs. Leiber­ tivity of their production implants to cally, I refer to the possibility of the man and Clark state, on p. 4, that “The demonstrate that pseudo-DES is not a presence in the UC labeled DES implant Worcester report itself states that livers normal constituent o f their production of pseudo DES .... an example of a from two animals treated with 14C-DES implants, nor has the firm provided or* relative which plight not be separated implants for 120 days (#536 and #477) identified any data to establish that from DES by the procedures used”. contained no significant radioactivity”. pseudo-DES is matabolized by the ani­ The Commissioner concludes, as This statement is erroneous and thus mal in a manner so different from pointed out above, that the presence of presents no issue of fact. The Worcester DES that the animal selectively stores pseudo-DES in one batch of implants is study, Table I, clearly shows counts of only the pseudo-DES and eliminates all immaterial to the Worcester findings. By 216 and 148 UC dpm (disintegrations per the DES, which presumably is th e im­ Hess & Clark’s own analysis, pseudo-DES minute) respectively for each of these plication of their statement. Their con­ was not detected in the other batch of samples above a background of only 29 clusions in this regard are only specula­ implants from which a residue was cpm (counts per minute). According to tion, without support from their own found. The affiants do not identify any Hess & Clark’s own research report, data or the scientific literature. The other substance which could have been counts are considered “significant” when “adequate tests” required by the statute found other than DES conjugate, nor do the gross count is over two times back­ have not been submitted. they suggest any other procedures which ground. (Ray Research Report, Exhibit B. Hess & Clark asserts that neither Worcester should have followed to elimi­ 2 to submission, p. 9). Here, the gross the USDA nor Worcester Studies dem­ nate the possibility that the findings are count was at least three times back­ onstrated the presence o f free DES in not DES conjugate but are some other, ground and the count is thus highly sig­ the livers of the slaughtered animals. unknown substance. No tests were sub­ nificant, using Hess & Clark’s own The Commissioner agrees that the mitted to show the safety of this ma­ criteria. tests did not positively confirm free DES terial, as required by the statutq. The af­ F. Hess & Clark points to a concededly- as being present, although apparent fidavits suggest that some unidentified erroneous statement (Statement, p. 6, traces were detected. However, this is ir­ substance, admitted by Hess & Clark at and Exhibit 8) in the Commissioner’s relevant, and does not raise any issue of p. 4 of their submission to be radioactive April 27 order that the third GLC study fact, since any residue of whatever conjugated material, may have been (conducted by Hess & Clark) disclosed nature from the use of the drug is re­ found by the Worcester Foundation, but DES residues in one of the four steers quired by section 512(d) of the act to be do not contain or identify any scientific slaughtered 14 days after implantation. shown to be safe by scientific tests. Hess evidence to establish that the Worcester The April 27 order makes it clear that & Clark has admitted in its letter of sub­ finding was anything other than DES the Commissioner’s decision was in no mission, at p. 4, that “ radioactive con­ conjugate. In the absence of scientific way predicated upon the 14-day results jugated material was determined to be tests to identify and prove the safety of in that study. The erroneous statement present in the liver of slaughtered ani­ this material, the statute requires that is therefore irrelevant and does not just­ mals”. There is no issue as to the exist­ approval of the drug must be withdrawn. ify a hearing. ence of residues, nor does Hess & Clark’s The statutory burden is placed upon Hess n i . Legal Conclusions. submission contain tests to show, or even & Clark to do this work, not upon FDA, A. The burden of proving the safety of assert, the safety of the residues of the and this burden has not been met. residues of DES and/or its conjugates is conjugated material it admits were The Commissioner also notes that the on the applicants, Vineland and Hess & found. The statutory standard requiring Worcester report shows clearly that all Clark. This burden remains on the appli­ proof of the safety of the drug and its necessary tests, by appropriate methods, cant even in a withdrawal proceeding. conjugates has therefore not been met. were conducted to establish that the resi­ Weinberger v. Hynson, Westcott & Dun­ C. Hess & Clark claims the Commis­ due detected was and is DES conjugate. ning, ------U.S. ------, 93 S. Ct. 2469 sioner’s analysis of the Worcester Study The study utilized 10 successive proce­ (1973); Agri-Tech v. Richardson,------F. was in error in stating that apparent dures, including thick layer chromatog­ 2d ------(No. 72-1252, C. A. 8, Aug. 2, traces of free DES were detected in raphy, numerous extractions * and hy­ 1973); Ubiotica Cory. v. FDA, 427 F.2d livers of steers 120 days post implanta­ drolyses and as many as three successive 376 (C.A. 6, 1970); Upjohn v. Finch, 422 tion. recrystallizations to separate impurities F.2d 944 (C.A. 6, 1970). Cf. Environ­ Table X of the W orcester Study R e­ from the DES-connected radioactivity mental Defense Fiend v. Finch, 428 F.2d port shows that for both steers with 120- finally found, and to identify the mate­ 1083, 1092, n. 27 (C.A.D.C. 1970), involv­ day- implants, some “C radioactivity rial as a DES conjugate. As already ing another section of the Act: above background was still associated noted, Vineland concedes that DES con­ In light of^Congress’ strong concern about with free DES after passing through 8 jugate was found. the safety of pesticide residues and the con­ successive separations designed to elimi­ Hess & Clark asserts that a GLC gressional intent to place the burden of per­ nate extraneous radioactive materials. method can detect unequivocal DES suasion on those proposing to permit a resi­ However, the Commissioner concludes residues from commercial implants (Hess due to remain, the fact that the present that this issue is irrelevant and immate­ & Clark Submission, p. 7 ). petition seeks revocation of an existing rial to this matter. The Commissioner’s The Commissioner concludes that this tolerance does not affect the burden of per­ action was not based on these apparent presents no issue for a hearing. Hess & suasion established by Congress. * * * Once traces of free DES but on the finding of .Clark'has never submitted a proposed new evidence bearing on the safety of pesti­ cide residues has been adduced or cited actual confirmation of DES conjugates, GLC method to FDA for validation, or sufficient to justify reopening the issue of the none of which have been proven safe as for approval under the statute, as the validity of existing tolerances, as in the pres­ required by the statute. official method for detection of DES resi­ ent oase, the burden of establishing the . D. Hess & Clark states that there is an dues. It was not included as part of the safety of any tolerance remains on those who issue of fact as to whether the USDA- submission requesting a hearing. In fact, seek to permit a residue. In this connection, Worcester tests determined the presence Hess & Clark, in its submission to FDA we note that the statute itself explicitly re­ of DES conjugate, as contrasted with a of the results of its own GLC determina­ quires that the procedures for amending or conjugate of some other material. To tions referred to in the April 27, 1973 repealing tolerances should be the same as those for establishing tolerances. 21 U.S.C. support this contention Hess & Clark order (38 FR 10485) pointed out, among § 346a(m ). has submitted the identical affidavits of other things, the uncertainty of reliance Prs. Leiberman and Clark analyzing the on the GLC method because their own Section 512(e)(1)(B) of the act re­ Worcester report. These affidavits at­ data indicated “a general weakness in quires approval of an NADA to be with­ tempt to suggest the possibility that the the GLC method that could lead to re­ drawn if new information before the

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29514 NOTICES

Secretary reveals that use of the drug the Commissioner’s order of May 3, 1973 Therefore, in the absence of any ap­ has not been shown by the applicant to (38 PR 10926) then revoked the regula­ proved method, neither Vineland nor be safe. Diamond Laboratories, Inc. v. tion containing the regulatory method Hess & Clark come within the exemption Richardson, 453 P. 2d 303 (C.A. 8, 1972) ; {specified in former 21 CPR 135g.26) that to section 512(d) (1) (H) of the act, and Bell v. Goddard, 366 F. 2d 177 (C.A. 7, had previously been “prescribed and ap­ no NADA for DES may be approved. 1966). proved” for DES pursuant to section V. Conclusion. The Supreme Court, in Hynson, supra, 512(d )(1) (H) (ii). (21 CPR 135g. 26). The Commissioner concludes that the has stated the controlling legal standard Since section 512(d) (1) (H) (ii) explicitly submissions of Vineland and Hess & for determining whether an applicant exempts revocation of this regulation Clark fail to identify any scientific evi­ has justified a request for a hearing. The from the appeal provisions of section dence to demonstrate the existence of Court upheld the Pood and Drug Admin­ 512(h), it is reviewable only under the any genuine and substantial issue of fact istration’s summary judgment proce­ general judicial review provisions of the sufficient to warrant a hearing. The re­ dures, under which an applicant must Administrative Procedure Act, 5 U.S.C. quests for a hearing are therefore denied. come forward with sufficient scientific 701 et seq., in a United States District The Commissioner concludes that new evidence to justify a hearing. A hearing Court. A United States Court of Appeals evidence has shown that DES implant may be denied “where it is apparent at therefore is without original jurisdiction drugs are not shown to be safe for use the threshold that the applicant has not to review this matter, although it has for the conditions o f use upon the basis of tendered any evidence which on its face original jurisdiction to review the with­ which the applications were approved. meets the statutory standards * * *” drawal of the NADA and may review the The Commissioner further concludes (93 S.Ct. 2478). revocation of the regulation containing that since there is presently no method The statute explicitly requires the sub­ the method upon appeal from a decision' of examination prescribed or approved mission of factual data derived from ade­ on that matter in a United States by regulation for the determination of quate scientific tests to prove the safety District Court. the existence of residues in any edible of a new animal drug. Neither Vineland Section 512(d)(1)(H) of the act also portions, section 512(d) (1) (H) of the act nor Hess & Clark have submitted any clearly precludes approval of an NADA applies to petitioners’ drugs. Therefore, factual data or scientific test to prove for a carcinogen until the Secretary pre­ pursuant to the provisions of the Federal that DES or its conjugates may safely scribes or approves, by regulation, a Pood, Drug, and Cosmetic Act (sec. 512 be consumed by the public in meat at low “method of examination” for determina­ 82 Stat. 343-351; 21 U.S.C. 360b), and levels. They rely solely upon opinion and tion of residues. (Neither Vineland nor under authority delegated to the Com­ hypotheses that have-not been subjected Hess & Clark contend that DES is not a missioner (21 CPR 2.120), the requests to scientific testing. Thus, this matter carcinogen.) There is presently no such for a hearing are denied and the Com­ presents a situation where there is a total regulation, and the Commissioner (un­ missioner’s order of April 27, 1973, with­ lack of the very type of scientific testing der authority delegated by the Secretary) drawing approval of NADA 10-964V, held that is required by the plain words of the has determined that the old method is by Vineland Laboratories, Inc., and statute. _ unacceptable and that no acceptable NADA 12-553V, held by Hess & Clark, This is not a situation where some tests method has yet been presented for ap­ for diethylstilbestrol implants for use as have been submitted, and the issue is proval. Accordingly, reinstatement of the a growth promotant in cattle and sheep, their interpretation or their adequacy. NADA’s could not result in the lawful is hereby confirmed. Even if all the arguments persented by marketing of DES in any form until such Vineland and Hess & Clark were accepted time as a new regulation prescribing or Dated October 22,1973. at face value, the Commissioner is pre­ approving an appropriate method is pro­ A. M. S chmidt, cluded by the statutory requirements mulgated. Commissioner of Food and Drugs. from continuing the approval of DES IV. Summary of Findings. [FR Doc.73-22745 Filed 10-23-73; 10:51 am] in implants. Under the Supreme Court The Commissioner finds as follows: standard there is therefore no issue on A. DES is a carcinogen. which a hearing is warranted. J3. Neither Vineland nor Hess & Clark National Institutes of Health B. Section 512(d) (l)(H )(ii) of thehave presented any scientific evidence act provides that a carcinogenic drug whatever to establish that the residues BIOHAZARDS CONTROL AND may be approved for use in animals only found in the USDA test and confirmed by CONTAINMENT WORKING GROUP if: the Worcester Foundation are safe for Notice of Meeting (ii) No residue of such drug will be found human consumption. Vineland concedes Pursuant to Pub. L. 92-463, notice is (toy methods of examination prescribed or that the residue was DES conjugate; hereby given of the meeting of the Bio­ approved by the Secretary by regulations, Hess & Clark disputes that issue but has hazards Control and Containment which regulations shall not be subject to not met its burden of identifying the res­ W orking Group, National Cancer Insti­ subsections (c), (d), and (h), in any edible idue. The precise identity is irrelevant portion of such animals after slaughter tute, November 9, 1973, 9:00 a.m., Fred­ * * * J # since, in any event, the statutorily-re­ erick Cancer Research Center, Building quired proof of safety is totally absent. 426 Conference Room. This meeting will The subsections (c), (d), and (h) from It is therefore conclusive from the plead­ be open to the public from 9:00 a.m. to which an exemption is granted in this ings that the applicants cannot prevail 12:00 noon, November 9, 1973, to dis­ clause, provide for an opportunity for a in any hearing. cuss the progress to date and the objec­ hearing and for court review in a United C. Neither Vineland nor Hess & Clarktives of the applied research effort at States Court of Appeals. Thus, Congress have presented any scientific evidence Frederick Cancer Research Center as it concluded that the regulations “pre­ whatever to establish that the, former relates to the Biohazard and Environ­ scribed or approved” by the Secretary, regulatory method of examination of mental Control effort, and closed to the establishing the analytical method by DES residues of commercial implants, public from 1:00 p.m. to 4:00 p.m., No­ which the presence of a carcinogen is to described in 21 CPR 135g.26 and revoked vember 9, 1973, to review contract re­ be determined, could properly be by the order o f May 3, 1973, is adequate newal proposals in accordance with the adopted and revoked by more expeditious in that it is sufficiently sensitive to detect provisions set forth in section 552(b) 4 procedures. residues of DES at the levels detected by of Title 5 U.S. Code and 10(d) of Pub. The Commissioner proposed on June the USDA test. There is not, and has not L. 92-463. Attendance by the public will 21, 1972 (37 PR 12251) to revoke all ap­ been since May 3, 1973, a method of ex­ be limited to space available. provals for DES. On April 27, 1973 (38 amination for DES residues in edible Mr. Frank Karel, Associate Director PR 10485) the Commissioner withdrew for Public Affairs, NCI, Building 31. approval of DES for use in implants. tissues approved by the Secretary by reg­ ulation. Neither Vineland nor Hess & Room 10A31, -National Institutes of In view of the requirements of section Health, Bethesda, Maryland 20014, 301— 512 (i) of the act, which provides that all Clark has submitted any other valid, 496-1911 will furnish summaries of the regulations relating to an NADA must be sufficiently sensitive method for the de­ open/closed meeting and roster of com* revoked after the NADA is withdrawn, tection of DES residues in edible tissues. mittee members.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29515

Dr. Garrett V. Keefer, Executive Sec­ Institutes of Health, Building 31, Con­ CONTRACEPTIVE EVALUATION RESEARCH re ta ry, Bunding 550, Room 125A, Fred­ ference Room 6. The meeting will be open CONTRACT REVIEW COMMITTEE erick Cancer Research Center, Frederick, from 1:30 to 5:00 p.m., November 5,1973, Notice of Meeting and from 9:00 am . to 12:00 noon, Novem­ M a ry la n d 21701, 301-663-2228 will p ro ­ Pursuant to Pub. L. 92-463, notice is vide substantive program Information. ber 6, 1973, to discuss various aspects of molecular biology research, and closed to hereby given of the meeting of the Con­ (Catalog of Federal Domestic Assistance Pro­ the public from 1:00 pm. to 3:30 p.m., traceptive Evaluation Research Contract gram No. 13.825, National Institutes o f Review Committee of the National Insti­ Health. J November 6, 1973, to review the contract between Litton-Bionetics Laboratory and tute of Child Health and Human Devel­ Dated October 17, 1973. the NCI in accordance with the provi­ opment, November 8, 1973, at 8:30 a.m., National Institutes of Health, Building J o h n FI Sherman, sions set forth in section 552(b) 4 of Title Deputy Director, 5 US. Code and 10(d) of Pub. L. 92-463. 31, Conference Room 9. This meeting will Attendance by the public will be limited be open to the public from 8:30 aun. to National Institutes of Health. 9:30 a.m., November 8, for the presenta­ [FR Doc.73—2203a Filed 10-24-73:8:45 am i to space available. Mr. Frank Karel, Associate Director tion of an administrative report. The for Public Affairs, NCI, Building 31, Room meeting will be closed to the public from CANCER CONTROL ADVISORY 10A-31, National Institutes of Health, 9:30 a.m. to 5:00 p.m. November 8, to re­ COMMITTEE Bethesda, Maryland 20014, 301-496-1911 view contracts in accordance with the Notice of Meeting will furnish summaries of the open meet­ provisions set forth in section 552(b) 4 of Title 5 US. Code and 10(d) of Pub. L. 92- Pursuant to Pub. L. 92-463, notice is ing and roster of committee members. Dr. C. Gordon Zubrod, Executive Sec­ 463. Attendance by the public will be hereby given of the meeting of the Can­ limited to space available. cer Control Advisory Committee, Na­ retary, Building 31, Room 3 A 52, Na­ tional Institutes of Health, Bethesda, Ms. Patricia Newman, Information tional Cancer Institute, November 16, Officer, NICHD, Landow Building, Room 1973, at 9:00 a.m., National Institutes of Maryland 20014, 3Q1-496-4291 will pro­ vide substantive program information. A-804B, National Institutes of Health, Health, Building 31, Conference Room 496-5133, will furnish summaries of the 5. This meeting will be open to the public (Catalog of Federal Domestic Assistance Pro­ meeting and rosters of the committee from 9:00 am. to 3:00 pm ., for the Com­ gram No. 13.825, National Institutes of Health.) members. Substantive information may mittee to discuss and advise the National also be obtained from Dr. Heinz Cancer Institute on: (1) The develop­ Dated October 17,1973. Berendes, Executive Secretary of the ment of future program plans for cancer Committee, Room A-716, Landow Build­ control, including the recommendations Jo h n F . S herman, Deputy Director, ing, National Institutes of Health, from the cancer control planning con­ 496-4924. ference; (2) to advise on the most effec­ National Institutes of Health. tive methods and procedures for the im­ [FR Doc.73-22660 Filed 10-24-73; 8:45 am] (Catalog of Federal Domestic Assistance Pro­ gram No. 13.832, National Institutes of plementation of the recommendations Health.) from the planning conference. Attend­ ance by the public will be limited to space COMMITTEE ON CANCER Dated October 17,1973. IMMUNOBIOLOGY available. The meeting will be closed to J o h n F. S herm an, the public from 3:00 p m . until adjourn­ Notice o f Meeting Deputy Director, ment, for the discussion o f and advising Pursuant to Pub. L. 92-463, notice is National Institutes of Health. on contract renewals in the fields of Edu­ hereby given of the meeting of the Com­ [FR Doc.73-22655 Filed 10-24-73:8:45 am] cation, Treatment, Rehabilitation, and mittee on Cancer Immunobiology, Wed­ Continuing Care, in accordance with nesday, November 21, 1973, at 1:00 p.nu. provisions set forth in section 552(b) 4 National Institutes of Health, Building DIGESTIVE DISEASES AND NUTRITION of Title 5 U.S. Code, and section 10 (d> 10, Conference Room 4BI4, Bethesda, SUBCOMMITTEE of Pub. L. 92-463. Maryland. This meeting will be open to Notice o f Meeting Mr. Frank Karel, Associate Director the public from 1:00 p.m. to 1:15 pm., fear Public Affairs, NCI, Building 31, November 21, 1973, to discuss general Pursuant to Pub. L. 92-463, notice is Room 10A31, National Institutes o f business. Attendance by the public will hereby given of the meeting of the Diges­ Health, Bethesda, Maryland 20014, 301- be limited to space available. The meet­ tive Diseases and Nutrition Subcommit­ 496-1911, will furnish summaries of the ing will be closed to the public from 1:15 tee of the National Arthritis, Metabolism, open/elosed meeting and a roster of pm . to adjournment, November 21,1973, and Digestive Diseases Advisory Council, committee members. to discuss and review approximately National Institute of Arthritis, Metabo­ Dr. Robert L. Woolridge, Executive three contract proposals in the field of lism, and Digestive Diseases, Novem­ Secretary, Building 31, Room I0A19, Na­ immunobiology, in accordance with the ber 14, 1973, 9 a.m. to 5 p.m., National tional Institutes of Health, Bethesda, provisions set forth in section 552(b) 4 Institutes of Health, Building 31, Room Maryland 20014, 301-496-1946, will pro­ of Title 5 U.S. Code, and section 10(d) 9A51. This meeting will be closed to the vide substantive program information. of Pub. L. 92-463, public to review research grants in ac­ Mr. Frank Karel, Associate Director cordance with the provisions set forth (Catalog of Federal Domestic Assistance Pro­ in section 552(b) 4 of Title 5 US. Code gram No. 13.825, National Institutes of for Public Affairs, NCI, Building 31, Health.) Room 10A31, National Institutes of and 10(d) of Pub. L. 92-463. Health, Bethesda, Maryland 20014, 301- Name of person from whom rosters of Dated October 17,1973. 496—1911 will furnish summaries o f the committee members, summary of the John F. Sherman, open/closed meeting and roster of com­ meeting, and other information pertain­ Deputy Director, mittee members. ing to the meeting may be obtained: National Institutes of Health. Barbara H. Sanford, Ph. D., Executive Mr. Victor Wartofsky, Information Of­ [FR Doc.73-22658 Filed 10-24-73:8:45 am] Secretary, Building 10, Room 4B-17, Na­ ficer, NIAMDD, National Institutes of tional Institutes of Health, Bethesda, Maryland 20014, 301-496-3639 will pro­ Health, Building 31, Room 9A04, Beth­ CANCER TREATMENT ADVISORY vide substantive program information. esda, Maryland 20014, 301-496—3583. COMMITTEE (Catalog of Federal Domestic Assistance Pro­ (Catalog of Federal Dome«tic Assistance Pro­ Notice of Meeting gram No. 13.825, National Institutes of gram No. 13.309, National Institute« of Health.) Pursuant to Pub. L. 92-463, notice is Health.) hereby given of the meeting of the Can­ Dated October 17,1973. Dated October 17,1973. cer Treatment Advisory Committee, Na­ J ohn F . S herman, J ohn F . S herman, tional Cancer Institute, November 5, Deputy Director, Deputy Director, 1973, 1:30-5:00 pm. and November 6, National Institutes of Health. National Institutes o f Health. 1973, 9:00 am. to 3:30 p.m„ National ■ [FR Doc.73-22657 Filed 10-24-73;8:45 am] [FR Doc.73-22649 Filed 10-24-73:8:45 am] FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205-----0 29516 NOTICES

EXTRAMURAL PROGRAMS (Catalog of Federal Domestic Assistance Pro­ in accordance with the provisions set SUBCOMMITTEE gram No. 13-301, National Institutes of forth in section 552(b) 4 of Title 5 U.S. Health.) Code and section 10(d) of Pub. L. 92- Notice of Meeting Dated October 17, 1973. 463. Attendance by the public will be Pursuant to Pub. L. 92-463, notice is limited to spacè available. The Executive hereby given of the meeting of the Ex­ J o h n F . S herman, Secretary from whom substantive infor­ tramural Programs Subcommittee of the Deputy Director, mation may be obtained is Dr. Clair L. Board of Regents, National Library of National Institutes of Health. Gardner, Associate Director for Ex­ Medicine, on November 28, 1973, from [FR Doc.73-22648 Filed 10-24-73;8:45 am] tramural Programs, National Institute 2:00 to 5:00 p.m., in Conference Room of Dental Research, National Institutes B of the National Library of Medicine, of Health, Westwood Building, Room 503, Bethesda, Maryland. The meeting will NATIONAL ADVISORY CHILD HEALTH Bethesda, Maryland 20014. AND HUMAN DEVELOPMENT COUNCIL be closed to the public for grant review (Catalog of Federal Domestic Assistance Pro­ in accordance with the provisions set - Notice of Meeting gram No. 13.325, National Institutes of forth in section 552(b) 4 of Title 5 Pursuant to Pub. L. 92-463, notice is Health.) Ü.S. Code and section 10(d) of Pub. hereby given of the meeting of the Na­ Dated October 17, 1973. L. 92-463. tional Advisory Child Health and Hu­ The Information Officer, who will fur­ man Development Council, National in­ J ohn F. S herman, nish a meeting summary, a roster of stitute of Child Health and Human De­ Deputy Director, members, and substantive information, velopment, November 26-27, 1973, at National Institutes of Health. is: Mr. Robert B. Mehnert, Chief, Office 9:00 a.m., National Institutes of Health, [FR Doc.73-22652 Filed 10-24-73:8:45 am] of Public Information, and Publications Building 31, Conference Room 10. This Management, National Library of Med­ meeting will be open to the public from icine, Room M-122, 8600 Rockville Pike, 9:00 am. to 5:00 p.m. on November 26 NATIONAL ADVISORY ENVIRONMENTAL Bethesda, Maryland 20014, Telephone with current status reports from the Act­ HEALTH SCIENCES COUNCIL Number: 301-496-6308. ing Director, NICHD, and staff members, Notice of Meeting (Catalog of Federal Domestic Assistance a scientific presentation by one of the Pursuant to Pub. L. 92-463, notice is Program Nos. 13.348, 13.349, 13.350, 13.351— Council members, and presentations and National Institutes of Health.) hereby given of the meeting of the Na­ discussion of specific programs. The tional Advisory Environmental Health Dated October 17, 1973. meeting will be closed to the public from Sciences Council, November 15-16, 1973, 9:00 a.m. to 5:00 p.m., November 27, ter J ohn F. S herm an, at 9 a.m., National Institute of Environ­ Deputy Director, review grants in accordance with the mental Health Sciences, Research Tri­ National Institutes of Health. provisions set forth in section 552(b) 4 angle Park, North Carolina, Building 1 of Title 5 U.S. Code and 10(d) of Pub. L. Conference Room. This meeting will be [FR Doc.73-22646 Filed 10-24-73:8:45 am] 92-463. Attendance by the public will be open to the public from 9 a.m., Novem­ limited to space available. ber 15, 1973, to report on legislative and NATIONAL ADVISORY ALLERGY AND Ms. Patricia Newman, Information Of­ interagency activities, and NIEHS pro­ INFECTIOUS DISEASES COUNCIL ficer, NICHD, Landow Building, Room gram budgeting plans; and to discuss A-804B, National Institutes of Health, NIEHS program priorities and intra­ Notice of Meeting 496-5133; will furnish summaries of the mural and extramural activities, and Pursuant to Pub. L. 92-463, notice is meeting and rosters of the committee closed to the public from 3:30 p.m., hereby given of the meeting of the Na­ members. Substantive information may November 15, 1973, to review grant ap­ tional Advisory Allergy and Infectious also be obtained from Mrs. Marjorie Neff, plications in accordance with the provi­ Diseases Council, National Institute of Executive Secretary o f the Council, Room sions set forth in section 552(b) 4 of Title Allergy and Infectious Dieases, November C-603, Landow Building, National Insti­ 5 U.S. Code and 10(d) o f Pub. L. 92-463. 15-16,1973, National Institutes of Health, tutes of Health, 496-1756. Attendance by the public will be limited Building 31C, Conference Room 7. This (Catalog of Federal Domestic Assistance Pro­ to space available. meeting will be open to the public from gram No. 13.317, National Institutes of Mrs. Leota B. Staff, Westwood Build­ 9:00 a.m. to 10:30 am ., November 15, Health.) ing, Room 404, Bethesda, Maryland at which time administrative matters will Dated October 17, 1973. 20014, 301-496-7483, Who is the NIEHS be discussed. The meeting will be closed Committee Management Officer, will to the public from 10:30 a.m., November J o h n F . S herman, furnish summaries of the open meetings 15, until adjournment on November 16 to Deputy Director, and rosters o f committee members. Dr. review, discuss, and evaluate and/or rank National Institutes of Health. Otto A. Bessey, Associate Director for grant applications in accordance with the [FR Doc.73-22643 Filed 10-24-73:8:45 am] Extramural Programs, NIEHS, West- provisions set forth in section 552(b) 4 wood Building, Room 404, Bethesda, of Title 5 U.S. Code for grants and con­ Maryland 20014, 301-496-7483, who is tracts, and 10(d) of Pub. L. 92-463. At­ NATIONAL ADVISORY DENTAL the Executive Secretary, will furnish any tendance by the public will be limited to RESEARCH COUNCIL substantive program information. space available. Notice of Meeting (Catalog of Federal Domestic Assistance Pro­ Mr. Robert Schreiber, NIAID Informa­ Pursuant to Pub. L. 92-463, notice is gram No.. 13-328, National Institutes of tion Officer, National Institute of Allergy Health.) and Infectious Diseases, National Insti­ hereby given of the meeting of the Na­ tutes of Health, Building 31, Room 7A34, tional Advisory Dental Research Coun­ Dated October 17, 1973. cil, National Institute of Dental Re­ telephone 496-5717, will furnish a sum­ J o h n F . S herman, mary of the meeting and a roster of the search, November 15-16, 1973, National Deputy Director, committee members. Institutes of Health, Building 31-C, Con­ National Institutes of Health. ference Room 8. This meeting will be Dr. William L Gay, Executive Secre­ [FR Doc.73-22644 Filed 10-24-73:8:45 am] tary of the National Advisory Allergy and open to the public from 9:30 am. to 12:30 p.m. on November 15 for general discus­ Infectious Diseases Council, National In­ sion and program presentations. The NATIONAL ADVISORY EYE COUNCIL stitute of Allergy and Infectious Diseases, meeting will be closed to the public from Notice of Meeting National Institutes of Health, Westwood 1:30 p.m. to adjournment on Novem­ Building, Room 703, telephone 496-7291, ber 15 and from 8:00 a.m. to adjourn­ Pursuant to Pub. L. 92-463, notice is will furnish substantive information. ment on November 16, to review grants hereby given of the meeting of the Na-

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29517 tional Advisory Eye Council, National Eye visions set forth in section 552(b) 4 of Research Resources Council, Division of Institute, on November 20, 1973, and a Title 5 U.S. Code for grants and con­ Research Resources, November 15, 1973, meeting of the Research Subcommittee tracts and 10(d) of Pub. L. 92-463. At­ National Institutes of Health, Building of the National Advisory Eye Council on tendance by the public will be limited to 31, Conference Room 9, at 9:00 a.m. This the preceding evening, November 19, space available. meeting will be open to the public from 1973, at the National Institutes of Mr. Paul Deming, Information Officer, 9:00 am. to 1:30 pm. to discuss Council Health, Building 31, Conference Room T. NIGMS, Building 31, Room 4A-46, Be- business: hear reports of Director and The meeting of the National Advisory thesda, Maryland 20014, Telephone: 301- Assistant Director, DRR; presentation Eye Council on November 20, 1973, will 496-5676, will furnish a summary of the of biomedical research resource needs of be open to the public from 9 a.m. to 12 meeting and a roster of council members. a large, state university without a medi­ Noon, for discussion on items of general Substantive program information may cal school; program review of the Mi­ interest by the Director, National Eye be obtained from Dr. DeWitt Stetten, Jr., nority Schools Biomedical Support Pro­ Institute, status of budget report, review Executive Secretary, Building 31, Room gram; and, a status report on evaluation of intramural activities of the Labora­ 4A-52, Telephone: 301-496-5231. study by the General Clinical Research tory of Vision Research, the Clinical (Catalog of Federal Domestic Assistance Centers Program. The meeting will be Branch, and the Office of Biometry and Program No. 13.335, General Medical Sci­ closed to the public from 1:39 pm. to Epidemiology. There will also be an ex­ ences-Research Grants.) adjournment to review grant applica­ tions in accordance with provisions set tramural report on the choroidal and Dated October 17,1973. retinal disease program. This meeting on forth in section 552(b) 4 of Title 5 U.S. November 20, will be closed to the public John F. Sherman, Code for grants and 10 (d) of Pub. L. 92- from 1 p.m. for the review of grant ap­ Deputy Director, 463. Attendance by the public will be plications in accordance with the pro­ National Institutes of Health. limited to space available. visions set forth in section 552(b) 4 o f [FR Doc.73-22663 Filed 10-24-73; 8:45 am] The Information Officer who will fur­ Title 5 U.S. Code, and section 10(d) of nish summaries of the meeting and ros­ Pub. L. 92-463. Attendance by the public ters of Council members is Mr. James will be limited to space available. NATIONAL ADVISORY NEUROLOGICAL Augustine, Division of Research Re­ The Research Subcommittee of the DISEASES AND STROKE COUNCIL sources, Building 31, Room 5B39, Be­ National Advisory Eye Council will meet Notice of Meeting thesda, MD 20014,496-5545. at 7 p.m., November ,19, 1973, and will The Executive Secretary from whom Pursuant to Pub. L. 92-463, notice Is substantive information may be obtained be closed to the public for discussion and hereby given of the meeting of the Na­ is Dr. James F. ODonnell, Assistant Di­ review of special research grant applica­ tional Advisory Neurological Diseases and rector, Division of Research Resources, tions in th e field o f vision research. This Stroke Council, November 12, 13, and 14, closed meeting is therefore exempt from Building 31, Room 5B05, Bethesda, MD 1973, at 9:00 a.m., in Conference Room 7, 20014, 496-1817. mandatory disclosure under section Building 31-C, National Institutes of 552(b) 4 o f Title 5 U.S. Code, and o f sec­ Health, Bethesda, Maryland. This meet­ (Catalog of Federal Domestic Assistance Pro­ tion 10(d) of Pub. L. 92-463. gram Nos. 13.306, 13.367,13.368,13.333,13.375, ing will be open to the public on Novem­ National Institutes of Health.) Mr. Julian Morris, Information Officer, ber 12, 1973, from 9:00 a.m. until 1:30 NEI, Building 31, Room 6A-27, National p.m. and on November 13, 1973, from Dated: October 17,1973. Institutes of Health, 496-5248, will fur­ 3:00 pm. until the conclusion of the John F. Sherman, nish summaries o f the meeting on No­ meeting, to discuss program planning Deputy Director, vember 20, 1973, and rosters o f Council and program accomplishments and closed National Institutes of Health. members. Substantive program inform a­ to the public from 1:30 pm. on Novem­ tion may also be obtained from Dr. ber 12, 1973, until 3:00 p m . on Novem­ [FR Doc.73-22653 Filed 10-24-73;8:45 am] George T. Brooks, Associate Director fo r ber 13, 1973, to review, discuss and Extramural and Collaborative Programs, evaluate and/or rank research grant ap­ NATIONAL ARTHRITIS, METABOLISM, National Eye Institute, Building 31, plications in accordance with the provi­ AND DIGESTIVE DISEASES ADVISORY Room 6A-04, National Institutes of sions set forth in section 552(b) 4 o f Title COUNCIL Health, 498-4903. V, U.S. Code and section 10(d) of Pub. L. Notice of Meeting (Catalog o f Federal Domestic Assistance Pro­ 92-463. Attendance by the public will be gram No. 13.331, National Institutes o f limited to space available. Pursuant to Pub. L. 92-463, notice is Health.) 1. The Institute Information Officer hereby given of the meeting of the Na­ tional Arthritis, Metabolism, and Diges­ Dated October 17, 1973. who will furnish summaries of the meet­ ing and rosters of committee members is : tive Diseases Advisory Council, Novem­ John P. Sherman, Mrs. Ruth Dudley, Building 31, Room ber 15-17,1973, 9 am. to 5 pm., National Deputy Director, 8A03, phone: 496-5751. Institutes of Health, Building 31, Con­ National Institutes o f Health. 2. The Executive Secretary from whom ference Room 4. This meeting will be IFR Doc.73-22642 Filed 10-24r-73;8:45 am] substantive program information may be open to the public from 9 am. to 12:30 obtained is: pm. on November 15 to discuss admin­ Dr. Murray Goldstein, Room 757, West- istrative reports and closed to the pub­ NATIONAL ADVISORY GENERAL MEDICAL wood Building, NIH, phone: 496-7705. lic from 1:30 pm. to 5 pm. on Novem­ SCIENCES COUNCIL (Catalog of Federal Domestic Assistance ber 15, 9 am. to 5 pm. on November 16 Notice of Meeting Program No. 13.356, National Institutes of and IT, 1973, to review research grants in Health.) accordance with the provisions set forth Pursuant to Pub. L. 92-463, notice Is in section 552(b) 4 of Title 5 U.S. Code hereby given of the meeting of the Na­ Dated October 17,1973, and 10(d) of Pub. L. 92-463. Attendance tional Advisory General Medical Sciences J o h n F. S herman, by the public will be limited to space Council, National Institute of General Deputy Director, available. M edical Sciences, November 29, 1973, 9 National Institutes of Health, a.m., National Institutes of Health, Build­ Name of person from whom rosters of [FR Doc.73-22645 Filed 10-24-73:3:4& am] ing 31C, Conference Room 6. This meet­ committee members, summary of the ing will be open to the public from 9 meeting, and other information pertain­ ajn~ to 12 noon, for opening remarks, NATIONAL ADVISORY RESEARCH ing to the meeting may be obtained: Mr. general discussion, and the Pharma­ RESOURCES COUNCIL Victor Wartofsky, Information Officer, cology-Toxicology Program Review; and Notice o f Meeting NIAMDD, National Institutes of Health, closed to the public from 1-5 p.m., to re­ Pursuant to Pub. L. 92-463, notice Is Building 31, Room 9A04, Bethesda, Mary­ view grants in accordance with the pro­ hereby given of the National Advisory land 20014, (301) 496-3583.

FEDERAI REGISTER, V O l. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29518 NOTICES

(Catalog of Federal Domestic Assistance mately 20 comprehensive and specialized Segment; Dr. Virginia C. Diinkel, Execu­ Program No. 13.309, National Institutes o f center grants in accordance with the pro­ tive Secretary, Biology and Immunology Health) visions set forth in section 552(b) 4 of Segment; Dr. Ann E. Kaplan, Executive Dated October 17,1973. Title 5 U.S. Code and Section 10(d) of Secretary, Chemistry and Molecular Car­ Pub. L. 92-463. cinogenesis Segment, and Colon Cancer J ohn F . S herman, Mr. Frank Karel, Associate Director Segment; Dr. Marcia D. Litwack, Execu­ Deputy Director, for Public Affairs, NCI, Building 31, tive Secretary, Information and Re­ National Institutes of Health. Room 10A31, National Institutes of sources Segment, and Dr. Carl E. Smith, [FR Doc.73-22650 Filed 10-24-73;8:45 am] Health; Bethesda, Maryland 20014 (301- Executive Secretary, Lung Cancer Seg­ 496-1911) will furnish summaries of the ment, Landow Building, Room A-306, closed meeting and roster of committee National Institutes of Health, Bethesda, NATIONAL CANCER ADVISORY BOARD members. Maryland 20014 (301-496-5471) will pro­ Notice of Meeting Dr. John W. Yarbro, Executive Secre­ vide substantive program information. tary, Westwood Building, Room 832, Di­ (Catalog o f Federal Domestic Assistance Pursuant to Pub. L. 92-463, notice is vision of Cancer Research Resources and Program No. 13.825, National Institutes of hereby given of the meeting of the Na­ Centers, NCI, National Institutes of Health.) tional Cancer Advisory Board, National Health, Bethesda, Maryland 20014 (301- Dated October 17, 1973. Cancer Institute, November 26,1:00 p.m. 496-7427) will provide substantive pro­ to 5:00 p.m., and 9:00 a.m. to 5:00 p.m., gram information. J o h n F. S herman, November 27-28, National Institutes of Deputy Director, Health, Building 31, Conference Room 6. (Catalog of Federal Domestic Assistance Pro­ gram No. 13.312, National Institutes of National Institutes of Health. This meeting will be open to the public Health.) from 1:00 p.m. to 5:00 p.m., November 26, [FR Doc.73-22656 Filed 10-24-73;8:45 am] and from 9:00 a.m. to 3:00 p.m., Novem­ Dated October 17, 1973. ber 27, to discuss the Cancer Control Pro­ NATIONAL HEART AND LUNG ADVISORY J ohn F . S herman, COUNCIL gram; status of pancreatic cancer pro­ Deputy Director, gram efforts and proposed resolutions on National Institutes of Health. Notice of Meeting smoking. [FR Doc.73-22639 Filed 10-24-73:8:45 am] Pursuant to Pub. L. 92-463, notice is The meeting will be closed to the public hereby given of the meeting of the Na­ from 3 :00 p.m. to 5 :00 p.m., November 27, tional Heart and Lung Advisory Council, and all day on November 28 to review NATIONAL CANCER INSTITUTE; November 15, 16, and 17, 1973, at 9:00 grant applications, in accordance with SEGMENT ADVISORY GROUPS a.m., and the Research Subcommittee of the provisions set forth in section 552 (b) Notice of Meeting the Council, November 14, at 8:00 pjn., (4) of Title 5 U.S. Code and 10(d) of Pub. National Institutes of Health, Building L. 92-463; in addition, to review the pre­ Pursuant to Pub. L. 92-463, notice is 31, Conference Room 6. This meeting will liminary findings of the Ad Hoc Advisory hereby given of the meetings of the fol­ be open to the public from 9:00 ajn. to Committee for the Review of the Special lowing National Cancer Institute Seg­ 6:00 p.m., November 15, for discussion of Virus Cancer , Program, in accordance ment Advisory Groups: Bioassay Opera­ program policies and issues, as well as with section 552(b)(4) and section 552 tions, Biological Models, Biology and Im­ the Council’s annual report, and closed (b) (6) of Title 5 U.S. Code, and 10(d) munology, Carcinogen Metabolism and to the public from 8:00 p.m. to 11:00 p.m., of Pub. L. 92-463. Toxicology, Chemistry and Molecular November 14, from 9:00 a.m. to 6:00 p.m., Mr. Frank Karel, Associate Director Carcinogenesis, Colon Cancer, Informa­ November 16, and from 9:00 a.m. until for Public Affairs, NCI, Building 31, tion and Resources, and Lung Cancer. adjournment, November 17, for the re­ Room 10A31, National Institutes of The Segment Advisory Group meetings view of grant applications in accordance Health, Bethesda, Maryland 20014 (301- will be held November 26,1973,10:30 a.m. with the provisions set forth in section 496-1911) will furnish summaries of the to 5:00 p.m. and November 27, 1973, 8:30 552(b) 4 of Title 5 U.S. Code and 10(d) open/closed meeting and roster of com­ a.m. to 5:00 p.m. primarily to review on­ of Pub. L. 92-463. Attendance by the pub­ mittee members. going contracts. The Segment Advisory lic will be limited to space available. Dr. Richard A. Tjalma, Assistant Di­ Group meetings will be open to the pub­ Mr. Hugh Jackson, Information Offi­ rector for Board and Panel Affairs, NCI, lic for brief general comments from 4:30 cer, NHLI, Landow Building, Room Building 31, Room 11A46, National Insti­ p.m. to 5:00 p.m. November 26, 1973 and C-918, telephone (301) 496-4236, will tutes of Health, Bethesda, Maryland closed the remainder of the time for con­ furnish summaries of the minutes and 20014 (301-496-5854) will provide sub­ tract review in accordance with the pro­ rosters o f the National Heart and Lung stantive program information. visions set forth in section 552(b) 4 of Advisory Council members and Dr. Title 5 U.S. Code and section 10(d) of (Catalog of Federal Domestic Assistance Pro­ Jerome G. Green, Director of the Divi­ gram Nos. 13.312; 13.314; 13.391-392, National Pub. L. 92-463. These are Advisory sion of Extramural Affairs, NHLI, West- Institutes of Health.) v Groups to the Carcinogenesis Program, wood Building, Room 5A18, téléphoné Division of Cancer Cause arid Preven­ (301) 496-7416, will furnish substantite Dated October 16, 1973. tion, National Cancer Institute, National program information. J ohn F. S herman, Institutes of Health. The meetings will be (Catalog of Federal Domestic Assistance Pro­ Deputy Director, held in the El Tropicano Motel, San An­ grams No. 13.346, Heart and Lung Research- National Institutes o f Health. tonio, Texas, in conjunction with the Sec­ Research Grants; No. 13.374, Heart and Lung Research—Specialized Research Centers [FR Doc.73-22664 Filed. 10-24-73;8:45 am] ond Annual Carcinogenesis Collaborative Conference. Attendance by the public will (SCOR); and 13.382, Heart and Lung Re­ be limited to space available. search—Pulmonary Academic Awards.) NATIONAL CANCER ADVISORY BOARD Mr. Frank Karel, Associate Director Dated October 17,1973. SUBCOMMITTEE ON CENTERS for Public Affairs, NCI, Building 31, Room J ohn F. S herman, Notice of Meeting 10A31, National Institutes of Health, Deputy Director, Bethesda, Maryland 20014 (301-496- National Institutes of Health. Pursuant to Pub. L. 92-463, notice is 1911) will furnish summaries of the hereby given of the meeting of the Na­ open/closed meeting and roster of com­ [FR Doc.73-22651 Filed 10-24-73:8:45 am] tional Cancer Advisory Board Subcom­ mittee members. mittee on Centers, National Cancer In­ Dr. James M. Sontag, Executive Sec­ NATIONAL HEART AND LUNG INSTITUTE, stitute, November 25, 1973 at 7:30 p.m., retary, Bioassay Operations Segment, BOARD OF SCIENTIFIC COUNSELORS Holiday Inn, Montgomery Room, Bethes­ da, Maryland. This meeting will be closed and Carcinogen Metabolism and Toxi­ Notice of Meeting to the public from 7:30 p.m, to 10:30 p.m. cology Segment; Dr. Richard A. Pledger, Pursuant to Pub. L . 92-463, notice is for the discussion and review of approxi­ Executive Secretary, Biological Models hereby given of the meeting of the Na-

FEDERAl REGISTER. VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29519

tiona.1 Heart and Lung Institute Board of NATIONAL LIBRARY OF MEDICINE; (Catalog of Federal Domestic Assistance Scientific Counselors, November 2 and 3, BOARD OF REGENTS Program No. 13.825, National Institutes of Health.) 1973 at 9:00 a.m., National Institutes of Notice of Meeting Health, Building 10, Room 7N214. This Dated October 17, 1973. meeting will be open to the public from Pursuant to Pub. L. 92-463, notice is 9:00 a.m. to 5:00 p.m., November 2, 1973, hereby given of the meeting of the Na­ J ohn F. S herman, tional Library of Medicine’s Board of Re­ Deputy Director, and from 9:00 a.m. to 11:00 a.m, Novem­ National Institutes of Health. ber 3, 1973, to discuss the work of the gents on November 29-30, 1973, in the Laboratory of Technical Development Board Room of the National Library of [FR Doc.73-22654 Filed 10-24-73:8:45 am] and the Laboratory of Biochemical Medicine, Bethesda, Maryland. The Genetics, in particular, and other activi­ meeting will be open to the public all day on November 29 for administrative SUBCOMMITTEE ON CARCINOGENESIS ties within the Division of Intramural AND PREVENTION Research, National Heart and Lung In­ reports and program and operation dis­ stitute, and closed to the public from cussions. On November 30 the meeting Notice of Meeting 11:00 a.m. to 12:00 noon, November 3, will be open from 9:00 a.m. to 10:45 a.m. Pursuant to Pub. L. 92-463, notice is 1973, for the critique and evaluation of It will be closed to the public from 10:45 hereby given of the meeting of the Sub­ the scientific work presented by the Lab­ a.m. to noon for grant review in accord­ committee on Carcinogenesis and Pre­ oratory of Technical Development and ance with the provisions set forth in sec­ vention of the National Cancer Advisory the Laboratory of Biochemical Genetics, tion 552(b) 4 o f Title 5 U.S. Code and Board, National Cancer Institute, No­ National Heart and Lung Institute, in Section 10(d) of Pub. L. 92-463. Attend­ vember 26, 1973, 9:00 a.m., National In ­ accordance with the provisions set forth ance by the public will be limited to space stitutes of Health, Building 31, C Wing, in section 552(b) 6 of Title 5 U.S. Code available. Conference Room 8. This meeting will be and 10(d) of Pub. L. 92-463. Attendance The Information Officer, who will fur­ open to the public from 9:00 a.m. to by the public will be limited to space nish summaries of both the open and 9:30 a.m., November 26, 1973, to discuss available. closed meeting portions, a roster of Board any new policy considerations involving Mr. Hugh Jackson, Inform ation Offi­ members, and substantive information, the National Cancer Program, and closed cer, NHLI, NIH Landow Building, Room is: Mr. Robert B. Mehnert, cfiief, Office to the public from 9:30 a.m. to 12 noon, C918, phone, 496-4236, will furnish sum­ of Public Information and Publications November 26, 1973, to review grants in maries of the meeting and rosters of the Management, National Library of Medi­ accordance with the provisions set forth Board members. Substantive inform ation cine, Room M-122, 8600 Rockville Pike, in section 552(b) 4 of Title 5 U.S. Code may be obtained from Dr. Donald S. Bethesda, Maryland 20014, Telephone and 10(d) of Pub. L. 92-463. Attendance Frederickson, NHLI, NIH Building 10, by the public will be limited to space Room 7N214, phone 496-2116. Number: 301-496-6308. available. Dated October 17,1973. (Catalog of Federal Domestic Assistance Pro­ Mr. Frank Karel, Associate Director gram Nos. 13.348, 13.349, 13.350, 13.351—Na­ for Public Affairs, NCI, Building 31, J o h n F. S herman, tional Institutes of Health.) Room 10A31, National Institutes o f Deputy Director, Dated October 17, 1973. Health, Bethesda, Maryland 20014 (301- National Institutes of Health. 496-1911) will furnish summaries of the [FR Doc.73-22662 Filed 10-24-73:8:46 am] J o h n F. S herman, open/closed meeting and roster of com­ Deputy Director, mittee members. National Institutes of Health. NATIONAL INSTITUTE OF CHILD HEALTH Dr. John T. Kalberer, Jr., Executive [FR Doc.73-22647 Filed 10-24-73:8:45 am] AND HUMAN DEVELOPMENT, BOARD Secretary, Building 31, Room 10A06A, OF SCIENTIFIC COUNSELORS National Institutes of Health, Bethesda, Maryland 20014 (301-496-6614) will pro­ Notice of Meeting SOLID TUMOR VIRUS WORKING GROUP vide substantive program information. Pursuant to Pub. L. 92-463, notice is Notice of Meeting (Catalog of Federal Domestic Assistant hereby given o f the meeting o f the Board Program No. 13.312, National Institutes of of Scientific Counselors, National Insti­ Pursuant to Pub. L. 92-463, notice is Health.) tute of Child Health and Human Devel­ hereby given of the meeting of the Solid Dated October 17, 1973. opment, November 26-27, 1973. This Tumor Virus Working Group, National meeting will be open to the public from J o h n F. S herman, 9:00 a.m. to 10:15 a.m „ November 26, for Cancer Institute, November 20, 1973, Deputy Director, remarks by the Scientific Director, 10:00 a.m., National Institutes of Health, National Institutes of Health. NICHD, and closed to the public from Building 37, Conference Room 1B04. This [FR Doc.73-22640 Filed 10-24-73:8:45 am] 10:30 a.m. to 5:00 p.m., November 26 and meeting will be open to the public from 9:00 a.m. to 5:00 p.m., November 27 for 10:00 a.m. to 10:30 a.m., November 20, SUBCOMMITTEE ON DIAGNOSIS AND the critique and evaluation of the Labo­ for the Chairman’s opening remarks, and ratory of Biomedical Sciences in accord­ TREATMENT closed to the public from 10:30 a.m. to ance with the provisions set forth in sec­ Notice of Meeting tion 552(b) 6 of Title 5 U.S. Code and 5:00 p.m., to review contracts in accord­ 10(d) of Pub. L. 92-463. Attendance by ance with the provisions set forth in Pursuant to Pub. L. 92-463, notice is the public will be limited to space section 552(b) 4 of Title 5 U.S. Code and hereby given of the meeting of the available. Subcommittee on Diagnosis and Treat­ 10(d) of Pub. L. 92-463. Attendance by ment of the National Cancer Advisory Ms. Patricia Newman, Information Of­ the public will be limited to space avail­ ficer, NICHD, Landow Building, Room Board, National Cancer Institute, No­ able. A804H National Institutes of Health, vember 26, 1973, 9:00 a.m., National In ­ 496-5133, will furnish summaries of the Mr. Frank Karel, Associate Director stitutes of Health, Building 31, C Wing, meeting and rosters o f the committee for Public Affairs, NCI, Building 31, Room Conference Room 9. This meeting will members. Substantive inform ation may 10A31, National Institutes of Health, be open to the public from 9:00 a.m. to also be obtained from Dr. Charles U. 9:30 a.m., November 26, 1973, to discuss Bethesda, Maryland 20014 (301-496- any new policy considerations involving Lowe, Scientific Director, NICHD, Build- 1911) will furnish summaries of the 31, Room 2A-50, National Institutes the National Cancer Program, and closed of Health, 496-5035. open/closed meeting and roster of com­ to the public from 9:30 a.m. to 12 noon, mittee members. Dated October 17,1973. November 26, 1973, to review grants in Ms. Harriet Streicher, Executive Secre­ accordance with the provisions set forth J o h n F. S herman, tary, Building 37, Room 2D24, National in section 552(b) 4 of Title 5 U.S. Code Deputy Director, Institutes of Health, Bethesda, Maryland National Institutes of Health. and 10(d) of Pub. L. 92-463. Attendance 20014 (301-496-3301) will provide sub­ by the public will be limited to space [FR F ile d am ] Doc.73-22661 10-24r-73;8:45 stantive program information. available.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29520 NOTICES

Mr. Frank Karel, Associate Director able to the AEC Regulatory staff for im­ For The U.S. Atomic Energy Commis­ for Public Affairs, NCI, Building 31, plementing specific parts of the Commis­ sion. Room 10A31, National Institutes o f sion’s regulations and, in some cases, to L ester R ogers, Health, Bethesda, Maryland 20014 (301— delineate techniques used by the staff Director of Regulatory Standards. 496-1911) will furnish summaries of the in evaluating specific problems or postul­ [FR Doc.73-22632 Filed 10-24-73;8:45 am] open/closed meeting and roster of com­ ated accidents and to provide guidance mittee members. to applicants concerning certain infor­ Dr. John T. Kalberer, Jr., Executive mation needed by the staff in its review [Docket Nos. 50-361 and 50-362] Secretary, Building 31, Room 10A06A, of applications for permits and licenses. The new guide is in Division 5, “Mate­ SOUTHERN CALIFORNIA EDISON CO. AND National Institutes of Health, Bethesda, SAN DIEGO GAS AND ELECTRIC CO. Maryland 20014 (301-496-6614) will pro­ rials and Plant Protection.” Regulatory vide substantive program information. Guide 5.11, “Nondestructive Assay of Notice of Availability of Initial Decision of Special Nuclear Materials Contained in the Atomic Safety and Licensing Board (Catalog of Federal Domestic Assistance Pro­ Scrap and Waste,” provides a framework and Issuance of Construction Permits gram No. 13.312, National Institutes of for the implementation of nondestructive Health.) Pursuant to the National Environ­ assay for the measurement of this in­ mental Policy Act of 1969 and the United Dated October 17,1973. ventory component in SNM processing States Atomic Energy Commission’s regu­ facilities. J o h n F. S herman, lations, Appendix D, sections A.9 and Deputy Director, Regulatory Guides are available for in­ A .ll, to 10 CFR Part 50, notice is hereby National Institutes of Health. spection at the Commission’s Public given that an Initial Decision dated. Octo­ Document Room, 1717 H Street NW., ber 15, 1973, by the Atomic Safety and [FR Doc.73-22641 Filed 10-24r-73;8:45 am] Washington, D.C. Comments and sugges­ Licensing Board in the above captioned tions in connection with improvements proceeding authorizing issuance of con­ TUMOR VIRUS DETECTION WORKING in the guides are èncouraged and should struction permits to the Southern Cali­ GROUP be sent to the Secretary of the Commis­ fornia Edison Co. and the San Diego Gas sion, U.S. 'Atomic Energy Commission, and Electric Co. for construction of the Notice of Meeting Washington, D.C. 20545, Attention: San O nofre Nuclear Generating Station, Pursuant to Pub. L. 92-463, notice is Chief, Public Proceedings Staff. Requests Units 2 and 3, located in San Diego hereby given of the meeting of the for single copies of issued guides (which County, California, is available for in­ Tumor Virus Detection Working Group, may be reproduced) or for placement on spection by the public in the Commis­ National Cancer Institute, November 28, an automatic distribution list for single sion’s Public Document Room at 1717 1973, at 9:00 a.m., National Institutes of copies of future guides should be made H Street NW., Washington, D.C. and in Health, Building 31, Conference Room 8. in writing to the Director of Regulatory the San Clemente Public Library, 233 This meeting will be open to the public Standards, U.S. Atomic Energy Commis­ Granada Street, San Clemente, Califor­ from 9:00 a.m. to 9:30 a.m., Novem­ sion, Washington, D.C. 20545. Telephone nia 92672. ber 28,1973, to discuss future plans of the requests cannot be accommodated. The Initial Decision is also being made Tumor Virus Detection Working Group, Other Division 5 Regulatory Guides available at the San Diego County Com­ and closed to the public from 9:30 a.m. to prehensive Planning Organization, 5:00 p.m., November 28, 1973, to review currently being developed include the County Administration Center, 1600 approximately five contracts in the fields follow ing: Pacific Highway, San Diego, California of viral oncology and tumor virus detec­ Standard Methods for Chemical, Nuclear and 92101 and at the Office o f Intergovern­ tion, in accordance with the provisions Radiochemical Analysis of Pu metal and mental Management, 1400 10th Street, set forth in section 552(b) 4 of Title 5, . Nitrate. Room 108, Sacramento, California 95814. U.S. Code and 10(d) of Pub. L. 92-463. Guide for Mass and Scales Calibration. Sampling Guide. Based upon the record developed in Attendance by the public will be limited the public hearing in the above captioned to space available. NDA of the Fissile Content of Low-Enriched Uranium Fuel Rods. matter, the Initial Decision modified in Mr. Frank Karel, Associate Director Calibration Techniques for Calorimetry of certain respects the contents of the Final for Public Affairs, NCI, Building 31, Pu-Bearing Solids. Environmental Statement related to the Room 10A31, National Institutes of NDA of Mixed Oxide and High-Enriched proposed San Onofre Nuclear Generating Health, Bethesda, Maryland 20014 (301- Uranium Fabricated Rods and Plates. Station, prepared by the Commission’s 496-1911) will furnish summaries of the Pressure Sensitive Seals. Directorate of Licensing. Pursuant to the open/closed meeting and roster of com­ Selection and Use of Seals. Limit of Error Concepts and Principles of provisions of 10 CFR Part 50, Appendix mittee members. Calculation in Nuclear Materials Control. D, section A .ll, the Final Environmental Dr. Bernard Talbot, Vice-Chairman, Internal Transfers of Nuclear Material. Statement is deemed modified to the ex­ Building 37, Room 1B26, National Insti­ Material Control in Scrap Recovery. tent that the findings and conclusions re­ tutes of Health, Bethesda, Maryland Receiving and Shipping. lating to environmental matters con­ 20014 (301-496-6135) will provide sub­ Evaluation o f MUF and LEMUF. tained in the Initial Decision are different Nuclear Material—<3uide to Conduct of stantive program information. Physical Inventories. from those contained in the Final En­ (Catalog of Federal Domestic Assistance Pro­ Selection of Material Balance Areas. vironmental Statement dated March gram No. 13.825, National Institutes of Physical Barrier Construction for Protected 1973. As required by Section A .ll of Ap­ Health.) Areas and Material Access Areas. pendix D, a copy of the Initial Decision, Nuclear Material Holdup in Process Equip­ which modifies the Final Environmental Dated October 17,1973. ment (wet processes). Statement, has been transmitted to the J oh n F. S herman, Nuclear Material Holdup in Process Equip­ Council on Environmental Quality and Deputy Director, ment (dry processes). Organization for Materials and Plant Protec­ made available to the public as noted National Institutes of Health. tion. herein. [FR Doc.73-22659 Filed 10-24-73;8:45 am] Locks—General Guide. Pursuant to the above mentioned In i­ Guards and Watchmen: Training and tial Decision, the Atomic Energy Com­ Equipping. mission (the Commission) has issued ATOMIC ENERGY COMMISSION Tamper Indicating Devices. Construction Permits Nos. CPPR-97 and Safe Secure Trailer (Interim Guide). REGULATORY GUIDES Truck Identification Markings. CPPR-98 to the Southern California Edi­ son Co. and the San Diego Gas and Elec­ Notice of Issuance and Availability Communication with Transport Vehicles. Coordination of Response Plan with Law En­ tric Co. for construction of two pressur­ The Atomic Energy Commission has forcement Authority. ized water nuclear reactors to be known issued a guide in its Regulatory Guide series. The Regulatory Guide series has (5 U.S.C. 552(a)) as the San Onofre Nuclear Generating been developed to describe and to make Dated at Bethesda, Maryland, this Station, Units 2 and 3, each to be de­ available to the public methods accept­ 17th day o f October, 1973. signed for a rated power o f 3390 mega-

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29521 watts thermal with a net electrical out­ stitution of the Board in this manner is Alan S. Rosenthal, Chairman put of approximately 1.140 megawatts. in accordance with § 2,721 of the rules of Dr. John H. Buck, Member The Commission has made appropriate practice, as amended. Michael C. Farrar, Member findings as required by the Atomic Ener­ Dated at Washington, D.C., this 18th Dated October 19,1973. gy Act of 1954, as amended (the A ct), and day of October 1973. M argaret E. D u F lo , the Commission’s rules and regulations Secretary to the in 10 CFR Chapter I, which are set forth N athaniel H. G oodrich, in the construction permits. The applica­ Chairman, Atomic Safety and Appeal Board. tion for the construction permits com­ Licensing Board Panel. [PR Doc.73-22682 Piled 10-24-73;8:45 am] plies with the standards and require­ [PR Doc.73-22634 Piled 10-24-73;8:45 am] ments o f the Act and the Commission’s [Dockets No. 50-271 and 50-293] rules and regulations. Hie construction permits are effective [License No. 20-15134-02E] VERMONT YANKEE NUCLEAR POWER as of their date of issuance. The earliest SMITH AND WESSON CORPORATION AND PILGRIM NUCLEAR date for the com pletion of Unit 2 is Jan­ POWER STATION Notice of Issuance of Byproduct Material uary 1,1978, and the latest date for com­ Memorandum and Order pletion is January 1, 1979. The earliest License date for the completion of Unit 3 is Jan­ Please take notice that the Atomic On October 15, 1973, certain groups uary 1,1979, and the latest date for com ­ Energy Commission has, pursuant to filed a petition seeking immediate shut­ pletion is January 1, 1980. Each permit § 32.22 of. 10 CPR Part 32, issued License down of the Vermont Yankee and Pil­ shall expire on the latest date for com ­ No. 20-15134-02E to Smith and Wesson, grim nuclear reactors on the ground that pletion of the facility. 2100 Roosevelt Avenue, Springfield, there are defects in the fuel channel Massachusetts 01101, which authorizes walls. Materials on file in the Commis­ In addition to the Initial Decision, sion’s Public Document Room show that copies o f (1) Construction Permits Nos. the distribution of gunsight illuminators CPPR-97 and CPPR-98, (2) the report contained in gunsights mounted on the regulatory staff was aware of the of the Advisory Committee on Reactor Smith and Wesson hand guns to persons problem, was reviewing it, and was tak­ Safeguards dated July 21, 1972; (3) the exempt from the requirements for a li­ ing action prior to receipt of the petition. Directorate of Licensing’s Safety Evalu­ cense pursuant to § 30.19 of 10 CPR Part These records show that the Vermont 30. Yankee reactor is not now operating and ation dated October 20, 1972; (4) the will not resume operations until com­ Preliminary Safety Analysis Report and 1. The devices are designed to illumi­ pletion of further studies. (See Note to amendments thereto; (5) the applicants’ nate gunsights mounted on Smith and Files, October 16, 1973, from Assistant Environmental Report dated July 28, Wesson hand guns permitting greater Deputy Director for Technical Review.) 1970 and supplements thereto; (6) the sighting accuracy in low ambient light. With respect to the Pilgrim reactor, the Draft Environmental Statement dated 2. The byproduct material incor­ regulatory staff’s preliminary review of November 1972; and (7) the Pinal En­ porated in the device is tritium in Beta- the problem culminated in instructions vironmental Statement dated March lights manufactured by Self-Powered to the utility whereby operations were 1973, are also available for public inspec­ Lighting, Limited (Model XPM 62/G/ limited to 50 percent of power (see let­ tion at the aboverdesignated locations 250). The nominal activity contained in ter o f October 16, 1973, from regulatory in Washington, D.C. and San Clemente, the Betalight is 30 millicuries but the staff to Boston Edison). California. Single copies of the Initial maximum activity is 33.3 millicuries. Decision by the Atomic Safety and Li­ There are three Betalights and thus a The petition amounts to a request for censing Board, the construction permits, maximum of 100 millicuries per gun. an order by the Director of Regulation the Pinal Environmental Statement, and 3. Each gun equipped with a gunsight under 10 CPR 2.202. Accordingly, the Di­ the Safety Evaluation Report may be ob­ rector of Regulation shall determine illuminator will be labeled to identify the whether further action, including any tained upon request addressed to the manufacturer (Smith and Wesson) and U.S. Atomic Energy Commission, Wash­ the byproduct material (®H) contained shutdown, is appropriate as an emer­ ington, D.C. 20545, Attention: Deputy in the device. gency matter. His determination, to­ gether with supporting reasons, shall Director for Reactor Projects, Director­ A copy of the license and a safety ate of Licensing, Regulation. be announced on or before October 26, evaluation containing additional infor­ 1973, and shall be published in the F ed­ Dated at Bethésda, Maryland, this mation, prepared by the Directorate of eral R egister as soon as possible there­ 18th day of October 1973. Licensing, are available for public inspec­ after. By that same notice he shall pro­ tion at the Commission’s Public Docu­ For the Atomic Energy Commission vide for the submission of views by the ment Room at 1717 H Street NW., Wash­ licensees and any interested persons by K arl R . G oller, ington, D.C. November 11, 1973. After receipt of such Chief, Pressurized Water Reac­ Dated at Bethesda, Maryland, Octo­ views, he shall make a determination, tors Branch No. 3, D irectorate ber 18,1973. together with supporting reasons, as to of Licensing. 1* whether further actions or proceedings Por the Atomic Energy Commission. [PR Doc.73-22633 Piled 10-24-73;8:45 am] are warranted. J ames C. M al aro, It is so ordered. Chief, Materials Branch, [Docket Nos. 50-259; 50-260, and 50-296] Dated at Washington, D.C., this 23d Directorate of Licensing Regulation. day o f October 1973. [PR Doc.73-22683 Piled 10-24-73;8:45 am] TENNESSEE VALLEY AUTHORITY By the Commission. Notice of Reconstitution of Board P aul C. B ender, the matter of Tennessee Valley Au­ [Docket Nos. 50-361; 50-362] Secretary of the Commission. thority, (Browns Ferry 1, 2, and 3 ). SOUTHERN CALIFORNIA EDISON CO. AND [PR Doc.73-22811 Piled 10-24-73;8:45 am] The Chairman previously designated SAN DIEGO GAS & ELECTRIC CO. in this proceeding is unavailable for the Assignment of Members of Atomic Safety conduct of this hearing. The previously and Licensing Appeal Board [Docket Nos. 50-329A, 50-330A] designated Alternate Chairman is un­ available because o f schedule conflicts. Notice is hereby given that, in accord­ CONSUMERS POWER CO. Accordingly, Max D. Paglin, Esq., is ance with the authority in 10 CFR 2.787 Prehearing Conference (a), the Chairman of the Atomic Safety appointed Chairman of this Board. His ctober and Licensing Appeal Panel has assigned O 23, 1973. address is Atomic Safety and Licensing the following panel members to serve as Take notice, that a prehearing con­ Board Panel, U.S. Atom ic Energy Com­ the Atomic Safety and Licensing Appeal ference will be held in this matter on mission, Washington, D.C. 20545. Reeon- Board for these proceedings: October 29, 1973, at 10:00 a.m „ local

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29522 NOTICES time, in Suite 500, Postal Rate Commis­ ently effective tariffs for North Atlantic 1973, at the New Hampshire Highway sion, 2000 L Street N W „ Washington, service, the Board believes it in the in­ Motel, Concord, New Hampshire 03301. D.C. terest of all concerned to establish a pro­ Persons wishing to attend this meet­ At this prehearing conference the par­ cedural schedule which will insure ing should contact the Committee Chair­ ties are to exchange those exhibits and prompt disposition of the agreement. Ac­ man, or the Northeastern Regional Office prepared testimony intended to be cordingly, we are directing the U.S.-flag of the Commission, Room 1639, 26 offered into evidence. These exhibits carrier members of IATA to file their re­ Federal Plaza, New York, New York should be numbered prior to the ex- spective supporting justifications, on the 10007. change. The parties are also directed to date hereinafter ordered. Comments in The purpose of this meeting shall be confer prior to the prehearing confer­ response to the carriers’ filings will be to discuss the advisability of holding a ence for the purpose of reaching a stip­ expected not later than ten days there­ State Advisory Committee fact-finding ulation as to receipt of the exhibits into after. meeting on corrections institutions in evidence, and as to any area of dis­ Accordingly, It is ordered, That: New Hampshire as part of the Commis­ agreement regarding such exhibits. 1. The U.S. carrier members of IATA sion’s National Prison Study. The Board will set a tentative date are directed to file their evidence and This meeting will be conducted pursu­ for commencement of the evidentiary justification in support of the IATA ant to the rules and regulations of the hearing at said prehearing conference. agreement establishing air fares over the Commission. In addition, the Board will discuss other North Atlantic for effect January-1,1974 Dated at Washington, D.C., Octo­ matters that will facilitate the eviden­ no later than November 1, 1973. ber 17, 1973. tiary hearing. 2. Comments in spport of or in opposi­ I saiah T. C resw ell, Jr., It is so ordered. tion to the agreement shall be submitted Advisory Committee no later than November 15, 1973. Issued at Washington, D.C., this 23d Management Office. day o f October 1973. This order will be published in the [PR Doc.73-22670 Filed 10-24-73:8:45 am] F ederal R egister. A tom ic S afety and L icen s­ in g B oard. By the Civil Aeronautics Board. OHIO STATE ADVISORY COMMITTEE H ugh K . Clark, [seal] E d w in Z. H olland, Agenda and Notice of Open Meeting Member. Secretary. Notice is hereby given, pursuant to J. V. L eeds, Jr., [PR Doc.73-22730 Piled 10-24r-73;8:45 am] M ember. the provisions of the Rules and Regula­ tions o f the U.S. Commission on Civil J erome G arfinkel, Rights, that a planning meeting of the Chairman. [Docket 25929] NORTHWEST AIRLINES, INC. Ohio State Advisory Committee (SAC) [PR DOC.73-22883 Filed 10-24-73; 11:24 am] to this Commission will convene at 10:00. Notice of Prehearing Conference a.m. on October 27,1973, in Room 228-A, CIVIL AERONAUTICS BOARD Notice is hereby given that a prehear­ 90 West Broad Street, Columbus, Ohio ing conference in the above-entitled mat­ 43215. [Docket 25895] ter is assigned to be held on Novem­ Persons wishing to attend this meet­ BAHAMASAIR HOLDINGS LTD. AND ber 13, 1973, at 10:00 a.m. (local time) ing should contact the Committee Chair­ OUT ISLAND AIRWAYS, LTD. in Room 726, Universal Building, 1825 man, or the Midwestern Regional Office of the Commission in Room 1428, 219 Prehearing Conference and Hearing Connecticut Ayenue NW., Washington, D.C., before Administrative Law Judge South Dearborn Street, Chicago, Illinois Notice is hereby given that a prehear­ Henry Whitehouse. 60604. ing conference in the above-entitled mat­ In order to facilitate the conduct of the The purpose of this meeting shall be ter is assigned to be held on November 7, conference parties are instructed to sub­ (1) to prepare outline and assign Com­ 1973, at 10:00 am . (local tim e) in mit one copy to each party and four mittee responsibilities for the prepara­ Room 911, Universal Building, 1825 Con­ copies to the Judge of (1) proposed tion of a SAC report based oh d recent necticut Avenue NW., Washington, D.C., statements of issues; (2) proposed stipu­ SAC factfinding meeting on conditions before Administrative Law Judge Hyman lations; (3) requests for information; in Ohio prisons as they relate to the Goldberg. (4) statement of positions ofparties; and civil rights of inmates, and (2) to hear a Notice is also given that the hearing (5) proposed procedural dates. The Bu­ report on a recent SAC meeting with may be held immediately following con­ reau of Economics will circulate its ma­ Ohio State officials concerning proposed clusion of thé prehearing conference un­ terial on or before November 6,1973, and followup activities to the Ohio State Ad­ less a person objects or shows reason for the other parties on or before Novem­ visory Committee’s prison study. postponement on or before October 26, ber 9,1973. The submissions of the other This meeting will be conducted pursu­ 1973. parties shall be limited to points on ant to the rules and regulations of the Commission. Dated at Washington, D.C., October 18, which they differ with the Bureau of 1973. Economics, and shall follow the num­ Dated at Washington, D.C., Octo­ bering and lettering used by the Bureau ber 18,1973. [ seal] R alph L. W iser, to facilitate cross-referencing. Chief Administrative Law Judge. I saiah T. C resw ell, Jr., Dated at Washington, D.C., Octo­ Advisory Committee [PR Doc.73-22728 Filed 10-24-73;8:45 ami ber 18, 1973. Management Office. R alph L. W iser, [PR Doc.73-22671 Piled 10-24-73:8:45 am] [Docket 25661] Chief Administrative Law Judge. INTERNATIONAL AIR TRANSPORT [PR Doc.73-22729 Piled 10-24-73:8:45 am] COMMITTEE FOR THE IMPLEMEN­ ASSOCIATION TATION OF TEXTILE AGREEMENT North Atlantic Fares COMMISSION ON CIVIL RIGHTS CERTAIN COTTON TEXTILE PRODUCTS The member carriers of the Interna­ NEW HAMPSHIRE STATE ADVISORY PRODUCED OR MANUFACTURED IN tional Air Transport Association GATA) ' ~ COMMITTEE COLOMBIA have reached agreement on fares to be Agenda and Notice of Open Meeting Entry or Withdrawal From Warehouse for applicable on the North Atlantic from Consumption January 1, 1974, which essentially pro­ Notice is hereby given, pursuant to the vides for maintenance of the present fare provisions of the Rules and Regulations O ctober 19, 1973. structure with varying increases in the of the U.S. Commission on Civil Rights, On June 27, 1973, there was published several categories of fares. that a planning meeting of the New in the F ederal R egister (38 FR 16931) a In view of the limited period of time Hampshire State Advisory Committee letter dated JUne 13, 1973 from the available prior to termination of pres­ will convene at 7:30 p.m. on October 25, Chairman, Committee for the Impie-

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29523 mentation of Textile Agreements, to the making provisions o f 5 U.S.C. 553. This letter Pollution Chemistry and Physics Advi­ Commissioner of Customs, establishing will be published in the Federal Register. sory Committee will be held at 9:00 a.m., levels of restraint applicable to certain Sincerely, November 8, 1973, in Murphy Hall Audi­ specified categories of cotton textiles and Alan P o la n sk y, torium and November 9, 1973, in Room cotton textile products produced or Acting Chairman, Committee for the 110-Main Engineerings University of manfactured in Colombia and exported Implementation of Textile Agree­ ments, and Deputy Assistant Sec­ Minnesota, Minneapolis, Minnesota. to the United States during the twelve- retary for Resources and Trade This is tiie regular fall meeting of this month period beginning July 1, 1973. Assistance. Committee. The agenda will include fine Pursuant to paragraph 13 of the Bi­ particle physics, measurement, and air lateral Cotton Textile Agreement of [FR Doc.73-22800 Filed 10-24-73;8:45 am] quality standards; the University of June 25, 1971 between the Governments Minnesota Particle Technology Labora­ of the United States and Colombia, the COST OF LIVING COUNCIL tory; and chemical characterization of Government of Colombia has requested HEALTH INDUSTRY WAGE AND SALARY aerosol pollutants. that the individual limits of 1,914,422 COMMITTEE The meeting will be open to the public. square yards and 382,885 square yards, Any member of the public wishing to established, respectively, for Categories Notice of Postponement of Meetings participate or present a paper should 5 and 6, be combined into a single level Pursuant to the provisions of the Fed­ contact Dr. Alfred H. Ellison, Deputy of 2,297,307 square yards for the two eral Advisory Committee Act (Pub. L. Director, Chemistry and Physics Labora­ categories for the agreement year which 92—463, 86 Stat. 770), notice is hereby tory, Environmental Protection Agency, began on July 1,1973. The United States given that the previously announced Research Triangle Park, North Carolina, Government has acceded t " the request. meetings of the Health Industry Wage 919-549-8411, extension 2191. Accordingly, there is published below and Salary Committee that were to be A. C. T r a k o w sk i, a letter o f October 19, 1973, from the held on October 25 and 26, 1973, will Acting- Assistant Administrator Chairman of the Committee for the Im ­ be held instead on October 30 and 31, for Research and Development. plementation o f Textile Agreements to 1973. The meetings will be open to the the Commissioner of Customs, imple­ public on a first-come, first-served basis. O ctober 19, 1973. menting this action. The meeting on October 30 will begin [FR Doc.73-22702 Filed 10-24-73;8:45 am] A lan P o lan sky, at 7:00 p.m., room 8202, 2025 M Street, Acting Chairman, Committee NW., Washington, D.C. The meeting on METEOROLOGY ADVISORY COMMITTEE October 31 will begin at 10:00 a.m., room for the Implementation of Notice of Meeting Textile Agreements, and Dep­ 8009, 2025 M Street, NW., Washington, uty Assistant Secretary D.C. Pursuant to Pub. L. 92-463, notice is for Resources and Trade Issued in Washington, D.C., on Octo­ hereby given that a meeting of the Assistance. ber 24,1973. Meteorology Advisory Committee will be held at 9:00 a.m. on November 1, 1973, Committee for th e Implementation of H en ry H. P erritt, Jr., in the Regional Air Pollution Study T extile Agreements Executive Secretary, (RAPS) Office Environmental Protection Commissioner of C ustoms, Cost of Living Council. Agency, 11636 Administration Drive, Department of the Treasury, {FR Doc.73-22886 Filed 10-24-73; 11:04 am] Westport Industrial Park, Maryland Washington, D.C. 20229. Heights, Missouri, 63032. - October 19,1973. The purpose of this meeting will be Dear Mr. Commissioner: This directive COMMISSION ON REVISION OF (1) to review the Regional Air Pollution amends but does not cancel the directive THE FEDERAL COURT APPELLATE issued to you on June 13, 1973 by the Chair­ (RAPS) study plan; (2) to consult the man of the Committee for the Implementa­ SYSTEM Committee on proposed research projects tion of Textile Agreements. Notice of Meeting in the RAPS study; and (3) to discuss Under the terms of the Long-Term Ar­ the meteorological research implications rangement Regarding International Trade in Notice is hereby given that the Com­ of impending Federal regulations on Cotton Textiles done at Geneva on February mission on Revision of the Federal Court nondegradation of ambient air quality. 9. 1962, pursuant to the Bilateral Cotton Appellate System will meet Wednesday, The meeting will be open to the public. Textile Agreement of June 25, 1971 between October 31, 1973, at 9:00 a.m. in Room Any member of the public wishing to at­ the Governments of the United States and S-146 of the Capitol. Colombia, and in accordance with the pro­ tend should contact Mr. Charles Hosier, cedures of Executive Order 11651 of March The purpose of the meeting is to fur­ Chief, Program Office, Meteorology 3. 1972, you are directed to prohibit, ef­ ther discuss the realignment of the judi­ Laboratory, National Environmental fective July 1, 1973 and for the twelve- cial circuits. Emphasis will be placed Research Center, Environmental Pro­ inonth period extending through June 30, on the Fifth and Ninth Circuits. In this tection Agency, Research Triangle Park, 1974, entry into the United States for con­ connection the Commission will consider North Carolina 27711. sumption and withdrawal from warehouse a draft report and its wide circulation The telephone number is area code for consumption of cotton textile products throughout the country prior to final 919-549-8411, extension 4543. in Categories 5 and 6 produced or manu­ submission. factured in Colombia, in excess of a com­ The Commission will also discuss re­ A. C. T r a k o w sk i, bined level o f restraint for the two categories Acting Assistant Administrator search plans relevant to the internal for Research and Development. of 2,297,307 square yards.* This level is in procedures and structure of the Federal lieu of the separate levels of restraint es­ Courts of Appeal system. O ctober 19, 1973. tablished for Categories 5 and 6 in the direc­ The meeting is open to all interested [FR Doc.73-22701 Filed 10-24-73:8:45 am] tive of June 13, 1973. persons. The actions taken with respect to the Gov­ A . L eo L evin , ernment of Colombia and with respect to Executive Director. PROCESSES, PROCEDURES, AND METH­ ODS TO CONTROL POLLUTION FROM imports of cotton textiles and cotton textile O ctober 24, 1973. products from Colombia have been deter- MINING ACTIVITIES [FR Doc.73-22903 Filed 10-24-73; 1:00 pm] mined by the Committee for the Implement­ Notice of Availability of Report ation of Textile Agreements to involve The Environmental Protection Agency foreign affairs functions o f the United States. ENVIRONMENTAL PROTECTION AGENCY report “Processes, Procedures, and Meth­ Therefore, the directions to the Commis­ ods To Control Pollution From Mining sioner of Customs, being necessary to the AIR POLLUTION CHEMISTRY AND Activities”, has been completed in ac­ plementation of such actions, fall within PHYSICS ADVISORY COMMITTEE 6 foreign affairs exception to the rule- cordance with section 304(e)(2)(B) of Notice of Meeting Pub. L. 92-500. A limited number of level has not been adjusted to reflect Pursuant to Pub. L. 92-463, notice is copies are available from the Office of y entries made on or after July 1, 1973. hereby given that a meeting of the Air Public Inquiries, Environmental Protec-

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 No. 205-' i p 29524 NOTICES tion Agency In Washington, D.C. Copies FEDERAL COMMUNICATIONS 20398-C2-P-74, General Telephone Company o f Wisconsin (New). C.P. fo r a new auxil­ will be available in approximately six COMMISSION weeks from the Superintendent of Docu­ iary test Station (Air-Ground) to operate [Report 670] on 459.750 MHz to be located at 202 Callon ments, U.S. Government Printing Office, Street, Wausau, Wisconsin. Washington, D.C. 20402. COMMON CARRIER SERVICES 20400- C2-AL-74, Montana CQmmunir.at.irmg R obert L. S ansom, INFORMATION:1 Consent to Assignment of License from Assistant Administrator Montana Communications, assignor to Domestic Public Radio Services Reba R. Donham d.b.a. Radiopage, assignee. f or Air and Water Programs. Applications Accepted for Filing2 Station: KRS658, Missoula, Montana. O ctober 18, 1973. O ctober 15, 1973. 20401- C2-P-74, Edwards Platé Mobile Com­ munications (N ew). C.P. for a new 2-way [FR Doc.73-22704 Filed 10-24r-73;8:45 am j Pursuant to §§ L227 (b )(3 ) and 21.30 station to operate on 152.06 MHz to be lo­ (b) of the Commission’s rules, an appli­ cated 1,800 feet north of U.S. 290,4.25 miles cation, in order to be considered with east of Ozona, Texas. any domestic public radio services ap­ 20402- C2-P-(2)-74, Live Oak Communica­ M-44 SAFETY PREDATOR CONTROL CO. plication appearing on the list below, tions (N ew), C.P. for a new 2-way station Notice of Application T o Register a must be substantially complete and ten­ to operate on 152.09 and 152.21 MHz to be Pesticide Containing Sodium Cyanide dered for filing by whichever date is located 0.75 mile west of George West, Texas. The Law Firm of Turpin, Smith, Dyer, earlier: (a) The close of business 1 busi­ ness day preceding the day on which the 20403- C2-P-74, Tel-Page Corporation (KRH- Harman, and Osborn of Midland, Texas, 643). C.P. to add antenna location to op­ representing the M-44 Safety Predator Commission takes action on the previ­ erate on 152.15 MHz and to be designated Control Company, has applied under the ously filed application: or (h) within 60 as Loc. No. 2 : 821 Brighton. Avenue, East, Federal Insecticide, Fungicide, and Ro- days after the date of the public notice Jamesville, New York. denticide Act o f 1947, as amended by the listing the first prior filed application 2Q404-G2—AL--( 2) —74, Radio Telephone of Federal Environmental Pesticide Control (with which subsequent applications are Maine. Consent to Assignment of License in conflict) as having been accepted for from. Com-Nav, Inc., d.b.a. Radio Tele­ Act (Pub. L. 92-516), for registration of phone o f Maine, assignor to Arthur R. Til­ a rodenticide (M-44 Capsules, File No. filing. An application which is subse­ quently amended by a major change will ley d.b.a. Radio Telephone o f Maine, as­ 32463-R) for use in controlling coyotes. signee. Stations: KQZ780 & KRS712, East Any Federal agency or other interested be considered to be a newly filed appli­ Holden, Maine. cation. It is to be noted that the cutoff party may comment in writing with re­ 20405- C2-P-74, Imperial Communications spect to this request. This notice does dates are set forth in the alternative-— Corporation (KLF644). C.P. to add trans­ applications will be entitled to consid­ not indicate a decision by this Agency m itter to operate on 152.24 MHz at Loc. No. eration with those listed-below if filed 1 : Mount Soledad, San Diego, California. on the application. Please address com­ by the end of the 60-day period, only 20406- C2-AL-74, Ormonds, Inc. Consent to ments to the Director, Registration Di­ if the Commission has not acted upon Assignment of License from Ormonds, Inc., vision, Office of Pesticide Programs, EPAr the application by that, time pursuant to assignor to Telephone Answering Service of Fayetteville, Inc., assignee. Station: Washington,. D C . 20460, and refer to the first alternative earlier date. The mutual exclusivity rights of a new ap­ KIE363, Fayetteville, North Carolina. M-44 Capsules. plication are governed by the earliest 20408- C2-P-74, Diamond State Telephone Company (KGH865). C.P: far additional C harles L. E l k in s , action with respect to any one of the facilities to operate on 152.60 MHz and Acting Assistant Administrator earlier filed conflicting applications; change antenna system operating on 152.78 for Hazardous Materials Control. The attention of any party to interest MHz located at 9 Depot Street, Georgetown, desiring to file pleadings pursuant to sec­ Delaware. O ctober 18,1973. tion 309 of the Communications Act of 20409- C 2-P - ( 4 ) -74, Mountain States Télé­ [FR Doc.73-22705 Piled 10^24-73;8:45 am] 1934, as amended, concerning any do­ phoné and Telegraph Company (KOA792) . mestic public radio services application C.P. to replace base transmitters operating accepted for filing, is directed to § 21.27 on 152.57, 152.63 and 152.69 MHzr and* re­ place test transmitter operating on 157.83, METHODS FOR IDENTIFYING AND EVAL­ of. the Commission’s rules for provisions I5T.89 and 157.95 MHz located 4 miles UATING THE NATURE AND EXTENT OF governing the time for filing and other southwest of Vernal, Utah. NONPOINT SOURCES OF POLLUTANTS requirements relating to such pleadings. 9569—C2-MP-73, Mobile Radio Telephone F ederal C ommunications Service, Inc. (KAA276)-. C.P. to change Notice of Availability of Report antenna Ideation and system and to add a C o m m issio n , The Environmental Protection Agency control point for facilities .operating on [ seal] V in cen t J . M u llin s, 454.025, 454.350, and 454.225 MHz located at report, “Methods for Identifying and Secretary* Lookout Mountain, Golden, Colorado. Evaluating the Nature and Extent of A p p u c a x i o n s A c c e p t e d f o b Fnmrcr Renewal of Developmental Licenses- expiring Nonpoint Sources of Pollutants” has been 10-31-73 TERM: 10-31-73 to* 10-31-74 DOMESTIC' PUBLIC LAND MOBILE RADIO' SERVICE prepared in accordance with require­ Licensee GaTl Sign ments of section 804(e) (1) (A,B,C), Pub. 20397-C2-AL-74, Beasley and Carlson, Inc. Consent to Assignment of License from Bell Telephone Company of Pa— KGI268 L. 92-500. A Mmited number of copies, are Beasley and Carlson, Inc., assignor to Chesapeake & Potomac Telephone available from the Office of Public Savannah Radio Mobile-Telephone, Inc., Cb. o f Md______— KGI270' Inquiries, Environmental Protection assignee. Station: KXY588, Savannah, Same- as above______KGI271 Georgia. Sam e------KGI272 Agency in Washington, D.C. Copies will S a m e ______KGI273 Diamond State Telephone Co,------EGJ269 be available in approximately six weeks 1 All applications listed in the appendix, are New Jersey Bell Telephone Co------KEK27Q from the Superintendent of Documents, subject to further consideration and review Same as above------KEK271 U.S. Government. Printing Office, Wash­ and may be returned and/or dismissed if not Same ______KEK272 ington, D.C. 20402. found to be in accordance with the Commis­ sion’s Rules, regulations, and other require­ Major amendments R obert L . S ansom , ments. Assistant Administrator “ The above alternative cutoff rules apply 35H-€2r-B-7a (New):, Contact of Washing­ to those applications listed below as having ton, Inc. Change a n t e n n a location t o 3206 for Air and Water Programs* been accepted in Domestic Public Land Mo­ Wisconsin Avenue- NW.» W ashington, DiC. bile Radio, Rural Radio, Point-to-Point Mi­ AH other particulars to r e m a in the sam e as O ctober. 18, 1973« crowave Radio, and Local Television Trans­ reported on PN No. 623 dated N o v e m b e r 20, [FR Dac.73—22703 Filed 10-24-73;8745 am], mission Services (pt. 21 of the rules). 1972:

FEDERAL REGISTER, V O L 3 «, NO. 205— -THURSDAY, OCTOBER 25, T973 NOTICES 29525

6302-C2-P-73 (KIY750), NashvUle Mobil- Licensee Call Sign Licensee Call Sign phone, Inc., Nashville, Tennessee. Amend Jim Mayfleld______KOA81 Mountain States Tel. & Tel Co_ WGP22 to add the frequencies 454.025, 454.075, S a m e ______KZA24 S a m e ______WGI75 454.275, and 454.300 MHz at Loc. No. 2. All Same ___•______KZA26 S a m e ______WIV31 other particulars remain as reported on PN S a m e ______KZA27 S a m e ______WIV89 No. 638 dated March 5,1973. Same ______KZA28 S a m e ______;_____ WJK83 Correction S a m e ______KZA29 S a m e ------WJL31 S a m e ______KZA30 S a m e ______WJL32 20348-C2-P-(2)-74, Midland Telephone Com­ S a m e ______WHT63 S a m e ______WJL39 pany. Correct call sign to read (KOE515) S a m e ______WIV49 S a m e ------WOG22 instead of (KOE55). All other particulars S a m e ______WSN40 S a m e ------WOG52 to remain as reported on PN No. 669 dated Mountain States Tel. & Tel. Co__ KAN87 S a m e ______WSN37 October 9,1973. Same as above______KAN88 Muskogee Two-Way Dispatch- KLU51 Informative S a m e ______KAQ84 ing. S a m e ______KAY68Riggs Radio Dispatch______KNL93 4187-C2-P-(2) —72 (NEW), Mueller Electron­ Same ______KLP90 Services Unlimited, Inc______KIA52 ics, Inc. Substitute Radiofone Corporation S a m e ______:______KLP91 Sierra Communications______KYC20 of New Jersey as applicant in place of S a m e ______KLP92 Same as above______WJM95 Mueller Electronics, Inc. All other particu­ South Ga, Comm., Inc______KJK60 lars remain the same as reported on PN S a m e ______KLV21 Same as above______KY027 #579 dated January 17,1972. S a m e ______KLV22 S a m e ______KOB20S a m e ______WDE55 RURAL RADIO SERVICE S a m e ______KOB21 S a m e ------WDE56 S a m e ______KOB79 S a m e ______WDE57 60075-C6-P-74, Mountain States Telephone S a m e ______KOB80 S a m e ______WCZ26 and Telegraph Company (New). C.P. for S a m e ______KOE84 St. Jos. Tel. & Tel. Co______KJJ77 a new rural subscriber station to operate S a m e _____;______KOQ76 Tel. Answering Exchange______KGN24 on 157.89 MHz to be located 45.5 miles S a m e ______KOQ77 Southwest o f Rock Springs, Wyoming. Correction Same ______KOV48 Renewal of Licenses Expiring November 1, S a m e ______KOV50 983-C6-P/L-73, The Chesapeake and Potomac 1973. TERM: 1141-73 to 11-1-78. S a m e ______KOV51 Telephone Company of Virginia (New). Licensee Call Sign S a m e ______KPC84 Correct PN #664 dated September 4, 1973, Bell Telephone Co. oí Nevada__ S a m e ______KPC85 to read “Amend to correct frequency 152.53 KOB97 S a m e ______KPC86 MHz to frequency 152.54 MHz. All other Same as above______KOB98 S a m e ...... KPG75 particulars to remain as reported on PN Same------___ KOR58 S a m e ______KPH69 #611 dated August 28,1972.” Same —______:.___ :_ ____ KOR59 S a m e ______KPI66 POINT-TO-POINT MICROWAVE RADIO SERVICE Same______KOV66 Same —_____ KPK24 Same______i ____ KPH65 S a m e ______KPL201122- C1-P-74, The Ohio Bell Telephone Com­ Same ______KPH66 Same______Same ______KFL21 pany (KQ038): 401 Cleveland Ave., Can­ KPH67 S a m e ______KFN91 ton, Ohio. Lat. 40°48'04" N., Long. Same______I___ _ KPL31 Same — ------KPQ20 81°22'35" W. C.P. to change alarm system Same ______KPV.74 Same ______S a m e ______.______KPQ39 and change freq. from 11,565 MHz to KPV75 S a m e ______KPQ40 6204.7V ’ MHz toward Paris, Ohio, on Bair Communications Ine___ _ KPP51 S a m e ______i_____ KPQ50 azimuth 84*43'. Bek Telephone Mutual Aid KAX40 Corp. ^ S a m e ______' KPQ51 1123- C1—P—74, Same (K Q 0 2 7 ): 11601 George­ S a m e ______I___ KPQ52 town Street, Paris, Ohio. Lat. 40*48'55" N„ Central Telephone Company___ KPR57 Same ______KPR53Long. 81*10'59" W. CJ. to change alarm Same as above______KPR58 Same_*______Same _:______KPR54 system and change freq. from 11,115 MHz KPT35 S a m e ______:______KPT89 to 5952.6V MHz toward Canton, Ohio, on Same______KPT36 Same__ I______S a m e ______KPV68 azimuth 264*33' and change freq. from KYJ34 Same ______KPV99 10,915 MHz to 5937.8V MHz toward Edin­ Same______KYJ35 Same______S a m e ______KPX44 burg, Ohio, on azimuth 06*00'. WAN72 S a m e ______KPX641124- C1—P-74, Same (KQ024): Alliance Cimarrón Telephone Company, KLU63 Inc. S a m e ______KPX65 Road, 0.9 Mile SE of Edinburg, Ohio. Lat. Same as above______Same ______------;______■_ KPX66 41*05'13" N„ Long. 81*08'43" W. C.P. to KLÜ64 Same — ------KPX68 change alarm system and change freq. Continental Telephone Company KZA89 from 11,365 MHZ to 6189.8V MHz toward of Kansas. S a m e ______KPY24 Same ______%______KPY37 Paris, Ohio, on azimuth 186*02'; change Farmers Mutual Telephone Co_ KBI50 S a m e ______KPY39 freq. from 11,565 MHz to 6204.7H MHz to­ General Telephone Co. of the WSN42 S a m e ______KPY60 ward Youngstown, Ohio, on azimuth Southwest. Same _'.______KPY78 87*02'. Gopher State Telephone Co__ _ KAM26 S a m e ______KPY92 1125- C1—P-74, Same (KQN96): 7 North Os­ Same as above______KAN20 Same ;______" Same _____.;______KPZ94born Ave., Youngstown, Ohio. Lat. KBC89 Same .______• KSV88 41“06'12"‘ N„ Long. 80“42'21" W. C.P. to Same ____ IIIIIIIIIIIIIIIII KBH69 S a m e ______._____ KSV89 change alarm system and change freq. from Same______KBH70 Same IIIIIIIII'I-! Same ______KSV91 11,115 MHz to 5952.6H MHz toward Edin­ KBI95 S a m e ___ .___.______KTP95 burg, Ohio, on azimuth 267*19'. Same______KBI96 Same______IIII! S a m e ------KVH45 1126- C1—P—74, Same (KQL27): 750 Huron KTF63 S a m e _- ___;_j______KVI20 Road, Cleveland, Ohio. Lat. 41°29'53" N., Hawaiian Telephone Co__ KUQ95 S a m e ______KVU98 Long. 81“41'12'' W. C.P. to change an­ Same as above______~ KUQ96 Same__ •___ S a m e ______KXR67 tenna system, alarm system, replace trans­ Same ____ KUR86 S a m e ------;______KXR73 mitter and change freq. from 11,1115 MHzto KÜR91 S a m e ------KYC75 6071.2H MHz toward Chardon, Ohio, on ' Same___ IHIIIH" KUR92 Same___ IIIIII Same — ______KZA96azimuth 76*18'; add freq. 1077.5V 11,015V KUR95 S a m e ------KZS33MHz toward Station WVIZ, Cleveland, Ohio, Same_____ KUV89 Same___ IIIII' Same ______KZS34 on azimuth 190*51'. Same ____ KXR52 Same !______i ______KZS36 1127- C1—P—74, Same (KQN53): State Rt. #6, KXR53 S a m e ------______KZS37 Approx. 1 Mile West of Chardon, Ohio, Lat- Same__SSSSJiZZ ff KYR89 Same___ IIZIZIIII S a m e ------;______.______KZS83 41*34'50" N., Long. 81°13'50'' W. C.P. to KYR90 S a m e ______WAN48 change alarm system and change freq. from Same____ ~ ! ~ KZI58 Same__ ZIZZZZI S a m e ______;______WAN70 11,565 MHz to 6323.3H MHz toward Cleve­ WHT94 S a m e ______' WAN73 land, Ohio, on azimuth 256*36'; change Ibtermountäln MobUföneinc-II WAY58 S a m e ______.______WAX88 freq. from 11,365 MHz to 6367.7H MHz to­ u^ ln County Tel. System, KPY66 S a m e ______WAY48ward Shalersville, Ohio, on azimuth 177*39'. 8a,he as above______S a m e ______WAY40 1128- C1—P—74, Same (KQM 37): Shalersville, KPY67 S a m e ______WCZ25 2.2 Miles SSE o f Mantua, Ohio, Lat. Jini Mayfleld______KKB34 S a m e ______WDD96 41*14'50" N„ Long. 81*12'45" W. C.P. to

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29526 NOTICES

change alarm system and change freq, from 1141- C1—P—74, Same (KAQ90) : 4.0 Miles SSW 1161— C1—P—74, Same (KKN 23): 1407 Jeffer­ 10,915 MHz to 6H5.7H MHz toward Char- of Driscoll, North Dakota. Lat. 48°47'I5" son S t, Houston, Texas. Lat. 29*44*55" N, don, Ohio, on azimuth 357*40*; change N , Long. 100*09'55" W. C.P. to add freq. Long. 95°21'56" W . C.P. to- add. freq. 4110V freq. from n,115 MHz to 6071.2V MHz to­ 3950H MHz toward Tappen, » . Dak., on MHz toward. Areola, Tex,, on azi.mnt.^ ward Warren, Ohio, on azimuth 96*40*. azhnuth 64*09';* freq. 3960H MHz toward 204*52*. 1129- C l—P—74, Same (KQM38) r 3526 Ridge Bismarck Jet, N. Dak, on. azimuth 275°— 1162— Cl—P—74, Same (W PX 92): West Main Road, Warren, Ohio. Lot. 41*I2*30'* if.,. 29'; change in geographical coordinates & Street & Weslayan Ave, Houston, Texas. Long. 80*46*55** W. C.P. to change alarm transmission path data. Lat. 29°44'Q9" N , Long. 95°26'27" W. CP. system and change freq. from 11,565 MHz 1142- C1—P—74, Same (KAQ91>: 1.25 Miles to add freq. 62265V MHz toward Areola, to 6323.3V MHz toward Shalersnflle, Ohio, NNE of Bismarck, North Dakota. Lat. Tex, on azimuth 190*07'. 46*49*32" » , Long. 100*46'00" W. C.P. to on azimuth 270*58*. 1163— C l—P-74, Southwestern Bell Telephone add freq. 3990H MHz toward Driscoll, N. 1130- C1-P-74, American Telephone and Tel­ Company (KSW26): 405 North Broadway egraph Company (KGP77): 2.2 Miles SSW Dak, on azimuth 95*08'; freq. 39I0V MHz toward New Salem-, N. Dak., on azimuth Avenue, Oklahoma City, Oklahoma. Lat. of Spring, Texas. Lat. 30°02'54" N., Long. 35°28'16" N„ Long. 97°3(T53" W. C.P. to 265*22"; change in geographical coordi­ 95*25*54" W. C.P. to add freq. 3970H MHz add freq,11425H M Bs toward Yukon, Oftla., toward Dayton, Tex., on azimuth 92*21*. nates & transmission path data. on azimuth 299*45'. 1131- C1-P-74, American Telephone and Tele­ 1143- CÎ-P-74, Same (KAR53> ; 4.0 Miles graph Company (KLV72)r 5.9 Miles WSW South of New Salem, North Dakota. Lat. 1-164-C1—P—74, Same (WKR80>r 4.3 Mies of Dayton, Texas. Lat. 30°01' 55*' s ’., Long. 46*47'IT" » , Long. 1Q1°24'2&" W. C.P; to NNE o f Yukon, Oklahoma. Lat. 35°33’54" 94*59*37" W. C.P; to add freq. 4170H MHz add freq. 3870V MHz toward Bismarck Jet., N , Long. 97°42'5B'* W. C.P. ter efiange an­ toward Spring, Tex., on azimuth 272*34*. N. Dak, on azimuth 84*54'; freq. 3870V tenna system and add freq. 10895V MHz to­ 1132- C1-P-74, Pacific Northwest Bell Tele*' MHz toward Antelope, N. Dak, on azimuth ward Oklahoma City, Okla.„ on azimuth 119*38'; freq. 6004.5V MHz toward new phone Company (KPT39-)t Main Street,. 264*03'; change in geographical coordinates B iy , Oregon. Lat. 42“23'54" N., Long. 121®- & transmission path data. point of communication at Hinton, Okla., 02'36" W. C.P-. to change antenna location 1144- CI-P-74, Same (KAR54) ; 9,5 Miles on azimuth 253 “'ll*.. on freqs. 62-1-9-.5V, 0338.IV MHz toward SSE of Antelope, North- Dakota. Lat. 46®- rieS^CT—F-74, Same (New) : T.4' Miles ESE of Grizzly Peak, Qreg., via Passive Reflector. 44'09" N , Long. 1Q2°06'27" W . C.P. to add Hinton, Oklahoma. Lat. 35*26'06** N , Long. 1133- C l—P—74, Same (KOM 53): West 501 freq. 3910V MHz toward New- Salem, 98 "14'14" W. C.P. for a new station on Second Avenue, Spokane, Washington. N. Dak, on azimuth 83*33'; freq, 3910V freq. 6256.5HT MHk toward. Yukon, Okla, Lat. 47*39*18" N., Long. 117*25*09" W. MHz toward Dickinson, » Dak, on azimuth on azimuth 72*53*; freq. 6256.5V MHz to­ C.P. to add freqs. I097r.5H, 1113.5H MHz to­ 292*03’; change in transmission data. ward Weatherford, Okla., on azimuth ward Brown’s Mountain, Wash., on azi­ 1145- C1—P-74, Same (KAR55) : 6.0 Miles East 280*17'. m uth 126*53^. of Dickinson, North Dakota, Lab, 46° 53''22" 1166— Cl—F—74, Same (N ew ): 2.3 Miles SW of 1134- C1—P-74, Same (WJM83); Kamiak N , Long. 102*39-'56" W , CLP, to add freq, Weatherford, Oklahoma. Lat. 35*30'29" K, Butte, 5.5 Miles SW o f Palouse, Washing­ 3870V MHz toward Antelope, N. D ak, on Long. 98*44*12"’W. <7.F. for a new station on ton. Lat. 46°51'37" N., Long. 117°10'49" azimuth 111*36', freq, 6004.5H MHz toward Hinton, Okla, W. C.P. to add freq. 6177.5H MHz toward 1154—Cl—MP-74, W estern States- Telephone on azimuth 100*0'; freq. 6004.5V MHz to­ Brown’s Mountain, Wash., on azimuth Company ( WB047). ; Alto Vista. New ward. Clinton, Okla, on azimuth 271*29'. 353*48*1 freq?. II48.5V, I104.5V MHz toward Mexico. Mod. of C.P. to change, polarization 1167- C1-F-74, Southwestern Bell Telephone Paradise Ridge, Wash., on azimuth 141*53'. from V to H o n freqs. 393Û 4010 MHz. toward Company (N ew ): 820 Avant Avenue, Clin­ 1135- C1-P-74, Same (KTOM52): Brown’s White Oaks, New Mexico. ton, Oklahoma. Lat. 35°30'46" N, Long. Mountain, T.5 Miles SB of Spokane, Wash­ 1154- C1-P—74, American. Television Relay, 98 *58'11" W. C.P. for a new station on ington. Lat. 4T*35'34" N., Long. 117*17*52" Inc. (KPZ82) : Pinal Peak, 85 Miles SSW freq. 6256.5H MHz- toward Weatherford; W. C.P. to change antenna system and add of Globe, Arizona. Lat. 33.° 15'56" N, Long. Okla, on azimuth 91*21'. 110*49*13.5" W . C.P. to change point o f freq. 6004.5H MHz toward Kamiak Butte, 1168— C l—P—74, Penn Service Microwave-Com­ communication from Mt. Bigelow (KPP93) Wash., on azimuth 173*43*; freqs. 1150.5H, pany (KGO20) : Bears Head Mountain, 1 to Mt. Bigelow (WGI55),,. Arizona, on 1166.5H MHz toward Spokane, Wash., on Mile North of Delano, Pennsylvania. Lat. azimuth 174*01' for freq. 59825V MHz. azimuth 306*58*. 40*51*00" N„ Long. 76°04'48" W. C.P. to 1136- CI-P—74, American Telephone and Tele­ 1155— Cî—F-74, fia-me (WG155). M t. Bigelow, 18.0 Miles NE o f Tucson, Arizona. Lat, replace transmitter on freq, 62Q0.QV MHz graph Company (KSQ43): 2.7 Miles WSW toward Bovers Knob, Pa. on azimuth o f Casselton, North Dakota. Lat. 46*52*42" 32*24'56" N , Long. 11Q°42'48.5” W . C.P. to (a) combine the facilities of station» 254*30*.: N., Long. 97*15*29" W. OF. to add freq., 1169- C1—F/L —74, The Midland Telephone 3990V MHz toward Valley City, N. Dak., KPF93 (Mt. Bigelow); and WGI55 (Mt. Bige­ low), survivor WGI55 and (h) to change Company c/a Continental Telephone Com­ on. azimuth 277*43'; change in geograph­ pany o f California (N ew ): In any tem­ ical coordinates & transmission path data. freq. from 6019.3 MHz to 6330.7V MHz toward Tucson (JKGUN-TV X, Arizona, on porary fixed location within the territory 1137- C1—P—74, Same (KAQ86): 3.2 Miles azimuth 232*14'. (.Note; fecia l Tempo­ of the grantee. C.P. and License for a new ENE of Valley City, North Dakota. Lat. rary Authority (J3TA) is requested by station on freqs. 2110-2130, 5925-6425, 46°56'18" N„ Long. 97°56'32" W. C.P. ATR.) 10700-11700, 3700-4200, and 2180-2180 t o add. freq;. 3950V MHz toward Casselton, 1157- CI—P-74„ The Pacific Telephone and MHz. N. Dak, on azimuth 97*13'; freq. 395QH Telegraph Company (KM089): 516 Third 1170— C1—P—74, CPI Microwave, Inc*. (WPE35): MHz toward Urbana, N. Dak., on azimuth Street, Santa Rosa, California. Lat. 33*26* Dallas, Texas. Lat. 32*46*40*' N., Long. 252*18'; change in geographical coordi­ 21" N , Long, 122°42'48" W. C.P. to add 96*48*07 W. G.P. t e add freq. 11265V MHz nate» & transmission path data. antennas and add freqs. 3770H 3850H MHz toward Mesquite, Tex., on azimuth 92*3T. 1138- C1—P—74, Same (KAQ87>s 7.0 Miles toward Cazadero, Calif, on azimuth 1171- C1-F-74, Same (New) r Mesquite, Texas. South of Urbana, North Dakota. Lat. 46*- 298*54-*. Lat. 32*46'27** N , Long. 96*38*45** W. C.P. 50'21" N., Long. 98*22/27" W. C.F. to add 1158- C1—P—74, Same (KMW68) ; 5 Miles NW for a new station on freq. 6123.1V M H z to­ freq. 3990H MHz toward Valley City, of Cazadero (.Sonoma) California. Lat. ward Kaufman, Tex: on azimuth 111*04'. N. Dak., on azim uth 71*58'; freq. 3990H 38°34'2T" N., Long, 123°09'59" W. C.P. to (INFORMATIVE r CM Microwave is pro­ MHz toward Jamestown, N. Dak., on azi­ add antennas and add freq ? 3710V 4110V posing to provide ABC Network Service ta muth 297*55';, change in geographies! co­ MHz toward new point of communication the Licensee of KLTV Inter-City Relay ordinates & transmission path data. at Pt. Reyes, Calif, on azimuth 160*50'; System at Kaufman, Texas.)’ 1139- C1—P-74, Same (KAQ88)- 20.0 Miles freqs. 3730H 3810H MHz toward Santa NW of Jamestown, North Dakota. Lat. Rosa, Calif, on azimuth 110*38'. Major Amendments 4T®04*55" N., Long. 99°QS'0I" W. C.P. to 1159- ei-P ’-74, American Telephone and Tele­ 374-C1-P—74, Michigan Bell Telephone Com­ add freq. 3950H MHz toward Urbana, graph Company (KZA40) : 1.8 Miles West pany (KQG59): Flint, Michigan. A m e n d ­ N. D ak, on azimuth 11<7°26';. freq. 3950H of Rosenberg, Texas. Lat. 29°33'15" N, m ent of September 12, 1973, changes freq. MHz toward Tappen, N. Dak., on azimuth Long. 95°50'51" W. C.P. to add freqs. 3990 tutt* to 3970H MHz toward Atlas, 253*51'; change in geographical coordi­ 4110H 6226.9H MHz toward Areola, Tex,, on Mich. nates & transmission path data. azimuth 95*06'; change in geographical 1140- C1-F-74, American Telephone and Tele­ coordinates & transmission path data. Correction- graph Company (KAQ89) r 6.0 Miles North 1160- CL-Fl-74,.Sama (KZA41) ; 2d Miles NW 599-C1—P—74, MCI Telecommunications Cor­ of Tappen, North Dakota. Lat. 48*58*08" of Arcs la, Texas. liât. 29°31'31" N, Long. poration. (Formerly MCI iadiana-Ohio< N„ Long. 99 "36'53" W. CT.P’. to add freq. 95“29*02" W . CP-. ta add. freqs. 4150H Inc.) 0.1 Miles NE of Hilliard, Ohio. Fre­ 399QH MHz toward Jamestown, N. Dak,, 5974.8V MHz. toward Rosenberg, Tex;, quency 11175V MHz toward. Goinn^us, o n azimtrth 73*26'; freq. 3990H MHz to­ on azimuth. 275*17';. 415QV MHz. toward Ohio, was inadvertently omitted from Pu ward Driscoll, N. Dak., on azimuth 244*33'; Houston, Tex.,,, on n.gim]j.tv» 24*49'; 5974.8H lie Notice #664, dated 9-4-73. change in geographical coordinates & MHz toward Houston 3, Tex, on azimuth transmission path data. 10*06'; change in transmission path data. [FR Doc.73-22567 Filed 10-24-73;8:45 am]

FEDERAI REGISTER, VOL. 38. NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29527

FEDERAL DEPOSIT INSURANCE ance with “Instructions for the Prepa­ Section 18(b) (1) of the Act requires CORPORATION ration of Report of Condition on Form every such common carrier by water to 64 (Savings) and Report of Income on file with the Commission a tariff contain­ INSURED BANKS Form 73 (Savings) by Insured Mutual ing, inter alia, “* * * all rates and Joint Call for Report of Condition Savings Bank,” dated December 1971, charges * * * for the transportation to and any amendments thereto \ and shall Pursuant to the provisions of section and from United States ports and for­ send the same to the Federal Deposit In­ eign ports* * *.” . 7(a) (3) of the Federal Deposit Insurance surance Corporation. Act, as amended <12 U.S.C. 1817(a) (3) ), Included in the term, “common car­ rier by water” is a “non-vessel operating each insured bank is required to make a F rank W ille , Report of Condition as of the close of Chairman, Federal Deposit common carrier” (NVOCC), Bernhard business October 17, 1973, to the appro­ Insurance Corporation. Ulmann Co. Inc. v. Porto Rican Express priate agency designated herein, within Co., 3 F.M.B. 771, 776 (1952), which the ten days after notice that such report J ames E. S m it h , Commission’s General Order 4 [46 CFR shall be made: Provided, That if such Comptroller of the Currency. 510.21(d) (b) 1 defines as: reporting date is a nonbusiness day for G eorge W . M itchell, * * * a person who holds himself out by any bank, the preceding business day Vice Chairman, Board of Gover­ the establishment and maintenance of tar­ shall be its reporting date. nors of the Federal Reserve iffs, by advertisement, solicitation, or other­ Each national bank and each bank in System. wise, to provide transportation for hire by water in * * * (the export commerce from the the District of Columbia shall make its [FR Doc.73-22667 Filed 10-24-73;8:45 am] United States * * * to foreign countries) original Report of Condition on Office of * * * assumes responsibility or has liability the Comptroller Form, Call No. 487 \ and imposed by law for safe transportation of shall send the same to the Comptroller FEDERAL MARITIME COMMISSION shipments; and arranges in his own name of the Currency and shall send a signed [Docket No. 73-66] with underlying carriers for the performance and attested copy thereof to thé Federal of such transportation whether or not own­ Deposit Insurance Corporation. Each in­ AUSTASIA CONTAINER EXPRESS, AND ing or controlling the means by which such sured State bank which is a member of AUSTASIA INTERMODAL LINE, LTD. transportation is effected. the Federal Reserve System, except a Order of Investigation The Commission’s General Order 13, bank in the District of Columbia, shall Austasia Container Express (ACE), a Amendment 4 (46 CFR 536.16) requires make its original Report of Condition on such NVOCC’s to file tariffs of all. Federal Reserve Form 105—Call 209 \ division of Austasia Intermodal Line, Ltd., of Hamilton, Bermuda, advertises through routes which they have estab­ and shall send the same to the Federal lished, showing, inter alia, the port-to- Reserve Bank of the District wherein the in United States trade publications of­ fering, transportation of freight from the port portions of such through routes. bank is located and shall send a signed Since there is reason to believe that and attested copy thereof to the Federal United States Midwest to Australia. Its tariff, which was submitted to the Com­ ACE is in violation of the Act by offering Deposit Insurance Corporation. Each in­ and/or .performing the transportation sured State bank not a member of the mission on an informal basis, .provides rules, regulations and charges for the service described herein without filing a Federal Reserve System, except a bank tariff with the Commission pursuant to in the District of Columbia and a mutual movement of various commodities from the requirements of section 18(b) (1) and savings bank, shall make its original R e­ Detroit, Michigan, to the ports of Sydney General Order 13, Amendment 4, port of Condition and one copy thereof and Melbourne, Australia, in the follow­ Now, therefore, it is ordered, That pur­ on FDIC Form 64—Call No. 1051 and ing manner: suant to section 22 of the Shipping Act, shall send the same to the Federal De­ 1916, an investigation is hereby ordered posit Insurance Corporation. The customary route of transport for the to determine whether Austasia Con­ The original Report of Condition re­ operator Is Canadian transcontinental rail­ road from Windsor, Ontario to Vancouver, tainer Express, a division of Austasia In­ quired to be furnished hereunder to the British Columbia, and thence by ocean trans­ termodal Line, Ltd., is a common carrier Comptroller of the Currency and the port to the Australian ports of Sydney or by water in the foreign commerce of copy thereof required to be furnished to Melbourne with a container relay from the the United States as defined in section 1 the Federal Deposit Insurance Corpora­ origin vessel to the arriving vessel occurring of the Shipping Act, 1916, and the* Com­ tion shall be prepared in accordance with in Kobe, Japan. Australia Freight Tariff No. 1 mission’s General Order 4; “Instructions for Preparation of Consoli­ Naming Rules and Regulations Governing the Transportation of Sea Freight from De­ It is further ordered, That, if Austasia dated Reports o f Condition by National Container Express is found to be such Banking Association,” dated ^November troit, Michigan, U.S.A. to Points in Australia, at 13, RR 19, paragraph 2. common carrier by water, a determina­ 1972 \ The original Report of Condition tion be made as to why it should not be required to be furnished hereunder to the The tariff does not specify the mode of found in violation of section 18(b) (1) of Federal Reserve Bank of the District transportation from Detroit, Michigan, the Shipping Act, 1916, and General wherein the bank is located and the copy to Windsor, Ontario. Order 13, Amendment 4, for operating thereof required to be furnished to the without a tariff on file with the Com­ Federal Deposit Insurance Corporation ACE, operating under its own name, issues its own ocean bill of lading, ac­ mission; shall be prepared in accordance with It is further ordered, That Austasia “Instructions for the Preparation of Re­ cepts through responsibility, solicits and ports of Condition by State Member Container Express, a division of Aus­ arranges for the carriage of goods from tasia Intermodal Line, Ltd., be made re­ Banks of the Federal Reserve System,” the port of Detroit via Canadian ports spondent in this proceeding; dated January 1973 \ The original R e­ to the ports of consignment in Australia. port of Condition and the copy thereof It is further ordered, That this matter required to be furnished hereunder to the From the information available, it be assigned for public hearing before an Federal'Deposit Insurance Corporation cannot be determined whether ACE owns Administrative Law Judge of the Com­ shall be prepared in accordance with and/or operates the vessels used for the mission’s Office of Administrative Law “Instructions for the Preparation of Re­ water movement or contracts with an Judges and that the hearing be held at a date and place to be determined and port of Condition on Form 64 by Insured underlying ocean carrier therefor. ' State Banks Not Members of the .Federal announced by the Presiding Administra­ Reserve System,” dated December 1970, Section 1 of the Shipping Act, 1916 tive Law Judge; and any amendments thereto1. (Act), defines a “common carrier by wa­ It is further ordered, That notice of Each insured mutual savings bank not ter in the foreign commerce of the United this Order be published in the F ederal a member of the Federal Reserve Sys­ States” as: R egister and that a copy thereof and notice of heariftg be served upon re­ tem shall make its original Report of * * * a common carrier * * * engaged In Condition and one copy thereof on FDIC the transportation by water of * * * prop­ spondent; Form 64 (Savings)1, prepared in accord- erty between the United States * * * and a It is further ordered, That any person, foreign country, whether in the import or other than respondent, and the Com­ 1 Filed as part of original document. export trade * * *. mission’s Bureau of Hearing Counsel,

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29528 NOTICES who desires to become a party to this Public Resolution 17,2 100 percent o f gov­ with a statement setting forth in detail proceeding and participate therein, shall ernment-financed cargo is to be moved the facts to be proven, their relevance to file a petition to intervene with the Sec­ in U.S. flag ships. It has been the prac­ the issues in this proceeding, and why tice of the Maritime Administration such proof cannot be submitted through retary, Federal Maritime Commission, (MARAD) of the U.S. Department of affidavit. Requests for hearing: shall be W ashington, D.C. 20573, with copies to Commerce to waive this requirement and filed on or before November 16,1973. Affi­ all parties; *“ allow shipment of up to half of such davits of fact and memoranda of law And, it is further ordered, That all fu­ cargo in ships flying the flag of the re­ shall be -filed by respondents and served ture notices issued by or on behalf of cipient nation, if that nation requests the upon all parties no later than the close the Commission in this proceeding, in­ waiver and does not discriminate against of business November 16,1973. Reply affi­ U.S. shipping. For the past two seasons, davits and memoranda of law shall be cluding notice of time and place of hear­ MARAD has refused to grant P.R. 17 filed by the Commission’s Bureau of ing or prehearing conference, shall be waivers in the U.S. Gulf/Japan raw Hearing Counsel and intervenors, if any, mailed directly to all parties of record. cotton trade. no later than d ose o f business Novem­ By the Commission. The denial of P.R. 17 waivers has ber 30, 1973. An original and 15 copies placed therU.S^ flag members of the U.S. of affidavits of fact, memoranda of law, [ seal] F rancis C. H tjrney, Gulf/Japan Cotton Pool in an anomalous and replies jare required to be filed with Secretary. position. Shippers of EIB-financed cot­ the Secretary, Federal Maritime Com­ ton must, with limited exceptions, utilize mission, Washington, D.C. 20573. Copies [FR Doc.73-22681 Filed 10-24-73;8:45 axil] U.S. flag carriers, while the lines must of any papers filed with the Secretary account to their fellow Pool members for should also be served upon all parties the resulting overcarriages. thereto. Time and date of oral argument, [Docket No. 73-67] The result was avoided in the August 1, if requested and/or deemed necessary by 1971 to July 31, , 1972 season by Agree­ U.S. GULF/JAPAN COTTON POOL the Commission, will be announced at a AGREEMENT-POOL PAYMENTS ment No. 8682-7,3 suspending the pay­ later date; ment requirement for that season. The It is further ordered, That the U.S. . Order To Show Cause Pool has not sought, a similar amendment G ulf/Japan Cotton Pool and its member for the 1972-1973 season, and it appears lines as listed in Appendix A attached Agreement No. 8682, initially approved that at least one U.S. flag line will be hereto be made respondents in this by the Commission October 11, 1961, subject to overcarriage penalties in the proceedings established the U.S. Gulf/Japan Cotton range of $500,000. It is further ordered, That notice of Pool (the Pool). Four Japanese and three It would appear that the carrying out this order'be published in the F ederal U.S. flag carriers are currently members.1 of the Pool agreement, in the context R egister and a copy thereof be served The lines agreed to divide the carriers of P.R. 17 - and MARAD’s non-waiver, upon respondents; effectively nullifies some aspects of na­ It is further ordered, That any person of raw cotton between the two flags on tional maritime policyr and that it would other than those named as respondents an equal basis, and allocated shares to be contrary to the public interest for this herein who desires to become a party to each line within the flag groupings. Commission to allow that to occur. this proceeding and participate therein, Those carriers exceeding their allocated Therefore, it is ordered, That pursuant shall file a petition to intervene in ac­ shares, computed annually from mani­ to sections 15 and 22 of the Shipping Act, cordance with Rule 5(1) of the Commis­ fests furnished to the Pool chairman, 1916, that respondent Pool show cause sion’s Rules of Practice and Procedure, why Agreement No. 8682 should not be 46 CFR 502.72; pay the Pool the overcarriage freight modified so as to suspend the payment And it is further ordered, That all fu­ revenues (less a handlinjg charge), and provisions of Article 10 with repsect to ture notices issued by or on behalf of the Pool makes compensating disburse­ the August 1, 1972-July 31, 1973 cotton the Commission shall be mailed directly ments to undercarriers. season. to all parties of record. Most of the raw cotton moved in the It is further ordered, That there ap­ By the Commission. U.S. Gulf/Japan trade is financed by the pearing to be no material issues of fact in dispute, that this proceeding shall be [ seal ] F rancis C. H urney, Export-Import Bank (EIB), an agency limited to the submission of affidavits and Secretary. of the United States. Under the terms of memoranda of law and replies thereto. Appendix A Should any party feel that an evidentiary U.S. Gulf/Japan Cotton Pool hearing is required, that party must ac­ Gerald J. Flynn, Chairman • See the following Table: 11 Broadway company any request for such hearing New York, New York 10004 Percentage Minimum participation sailings 2 “ 15 U.S.C. 616a. Shipment of exports fi­ Kawasaki Kisen Kaisha, Ltd. nanced hys Government in United States “ K ” Lime-—Kerr Corporation General Agents vessels 29 Broadway Japanese Companies: New York, New York 10006 Nippon Yusen Kai­ “It is the sense of Congress that in any sha.::— ...-3 32.5 29 loans made by the Reconstruction Finance Lykes Bros. Steamship Co., Inc. Kawasaki Kisen Kai­ Corporation or any other instrumentality of 17 Battery Place sha, Ltd—“ ...... -r-s 19.0 28 Mitsui O.S.K. Lines, ■ 50% the Government to foster the exporting of New York, New York 10004 Ltd. .r:— 31.0 17 agricultural or other products, provision shall Mitsui O.S.K. Lines, Ltd. Yamashita - Shinni- be made that such products shall be carried One World Trade Center hon Steamship Co; exclusively in vessels of the United States, Ltd_____ 17.5 16 Suite 2211 unless, as to any or all of such products, New York, New York 10048 90 the United States Maritime Commission, after '■■■■■ ■ investigation, shall certify to the Reconstruc­ Nippon Yusen Kaisha American Companies: tion Finance Corporation or any other in­ One World Trade Center States Marine Lines... 40.01 36 Suite 5031 - Lykes Bros. Steam­ strumentality of the Government that ves­ ship Co., Tne -~.-i 40.0 50% 36 sels of the United States are not available New York, New York 10048 Waterman Steam­ in sufficient numbers, or in sufficient tonnage^ States Marine Lines ship Corporation.«. 20.0 18 capacity, or on necessary sailing schedule, or States Marine-Isthmian Agency, Inc. General 100% 90 at reasonable rates.** Agents 8 Approved by the Commission July 26, 80 Broad Street 1972. New York, New York 10004

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29529

Waterman Steamship Corporation mission and available for public inspec­ to the jurisdiction conferred upon the 120 Wall Street tion. Federal Power Commission by sections New York, New York 10005 K enneth F. P lum b, 7 and 15 of the Natural Gas Act and the Yamashita-Shinnihon Steamship Co., Ltd. Secretary. Commission’s rules of practice and pro­ c/o Taxas Transport & Terminal Co., Inc. [FR Doc.73-22691 Filed 10-24-73;8:45 am] cedure, a hearing will be held without 21 West Street further notice before the Commission on New York, New York 10006 this application if no petition to inter­ [PR Doc.73-22680 Piled 10-24-73:8:45 am] [Docket No. CI74-199] vene is filed within the time required BARBER OIL EXPLORATION, INC. herein, if the Commission on its own FEDERAL POWER COMMISSION review of the matter finds that a grant of Notice of Application the certificate is required by the public [Project No. 2212] O ctober 17, 1973. convenience and necessity. If a petition AMERICAN CAN CO. AND Take notice that on October 1, 1973, for leave to intervene is timely filed, or WEYERHAEUSER CO. Barber Oil Exploration, Inc. (Applicant), if the Commission on its own motion Application for Transfer of Major License 3000 One Shell Plaza, Houston, Texas believes that a formal hearing is required, further notice of such hearing will be O ctober 16, 1973. 77002, filed in Docket No. CI74-199 an application pursuant to section 7(c) of duly given. Public notice is hereby given that ap­ the Natural Gas A ct and § 2.75 of the Under the procedure herein provided plication was filed August 9, 1973, under Commission’s General Policy and Inter­ for, unless otherwise advised, it w'ill be the Federal Power Act (16 U.S.C. 791a- pretations (18 CFR 2.75) for a certifi­ unnecessary for Applicant to appear or 825r) by American Can Company (Li­ be represented at the hearing. censee) , Greenwich, Connecticut, and cate of public convenience and necessity authorizing the sale for resale and de­ K enneth F. P lum b, Weyerhaeuser Company (Transferee) Secretary. (Correspondence to: Richard P. Tink- livery of natural gas in interstate com­ ham, Esq., 630 Fourth Street, Wausau, merce to Florida Gas Transmission Co. [FR Doc.73-22684 Filed 10-24-73:8:45 am] Wisconsin 54401) for transfer of major (Florida) from the North Montegut Field, Terrebonne Parish, Louisiana, all license of the Rothschild Project No. [Docket No. CP73-322] ‘ 2212, located on the Wisconsin River, a as more fully set forth in the applica­ navigable waterway of the United States, tion which is on file with the Commis­ CROWN ZELLERBACH CORP. sion and open to public inspection. and its tributary, the Rib River in the Notice of Petition To Amend region of Wausau, Schofield, and Roths­ Applicant proposes under the optional child, in Marathon County, Wisconsin. gas pricing procedure to sell natural gas O ctober 17,1973. The sale of the Rothschild Project to Florida from the subject acreage at Take notice that on October 5, 1973, property was completed on or about Au­ an initial rate of 45.0 cents per Mcf at Crown Zellerbach Corp. (Petitioner), One gust 29, 1973, to the Weyerhaeuser 15.025 psia, subject to upward and down­ Bush Street, San Francisco, California Company. ward Btu adjustment, pursuant to the 94119, filed in Docket No. CP73-322 a The Rothschild Project consists of: (1) terms of a 20-year contract dated Sep­ petition to amend1 the order issuing a A dam about 830 feet long composed of tember 21, 1973. Said contract provides certificate of public convenience" and a timber crib sluiceway section, a con­ for fixed escalations of 1.0 cent per Mcf necessity pursuant to section 7(c) of the crete overflow section, a concrete sluice­ each year after the date of initial de­ Natural Gas Act in said docket by au­ way section, and a concrete powerhouse livery and 100 percent reimbursement thorizing pursuant to section 7(b) of the section; (2) concrete retaining walla at to the seller for any additional taxes Natural Gas . Act the abandonment and each end of the dam; (3) an earth em­ other than those being levied on the date pursuant to section 7(c) of the Natural bankment on the right abutment; (4) a of the contract. Applicant estimates Gas Act the construction of pipeline fa­ fish ladder; (5) a reservoir with normal monthly deliveries to be 75,000 M cf per cilities in order to relocate an 850-foot water surface at elevation 1,158.88 feet month. section of pipeline which is needed to (U.S.C. & G.S. datum) and covering ap­ Applicant states that the sale will be continue the operation of Petitioner’s fa­ proximately 1,774 acres; (6) hydroelec­ beneficial to both Florida and the pub­ cilities to transport natural gas from tric installation of 3,640 kilowatts (ap­ lic, since Florida has been forced to pur­ various points in Mississippi to Petition­ proximately 4,850 horsepower) in seven chase gas on an emergency basis under er’s pulp mill in Bogalusa, Louisiana, all units; (7) a transmission line about Vk Commission authorization pursuant to as more fully set forth in the petition to mile long from the powerhouse to Li­ § 2.70 of the Commission’s General Policy amend which is on file with the Com­ censee’s pulp and paper m ills; and (8) and Interpretations (18 CFR 2.70). mission and open to public inspection. appurtenant facilities. Any person desiring to be heard or to By Commission order of October 1, Any person desiring to be heard or- to make any protest with reference to said 1973, Petitioner was authorized to con ­ make protest with reference to said ap­ application should on or before Novem­ tinue the operation of its 92.3-mile pipe­ plication should on or before Novem­ ber 12, file with the Federal Power Com­ line system theretofore operated without ber 26, 1973, file with the Federal Power mission, W ashington, D.C. 20426, a peti­ Commission authorization. Petitioner Commission, Washington, D.C. 20426, pe­ tion to intervene or a protest in accord­ states that due to requirements of the titions to intervene or protests in ac­ ance with the requirements of the Com­ Mississippi State Highway Department cordance with the requirements of the mission’s rules of practice and procedure (State), unknown to Petitioner at the Commission’s Rules of Practice and Pro­ (18 CFR 1.8 or 1.10) and the regulations time of its certificate application, it must cedure (18 CFR 1.8 or 1.10). under the Natural Gas Act (18 CFR relocate an 850-foot section of its pipe­ 157.10). All protests filed with the Com­ line located in Marion County, Missis­ All protests filed with the Commission mission will be considered by it in deter­ sippi, to permit the State to construct will be considered by it in determining mining the appropriate action to be a weigh station on State Route No. 35. the appropriate action to be taken but taken but will not serve to make the will not serve to make the protestants protestants parties to the proceeding. 1 Petitioner filed the Instant pleading as a parties to a proceeding. Persons wishing Any person wishing to become a party to supplement to Its certificate application in Docket No. CP73-322; however, on October 1, to become parties to a proceeding oiK to a proceeding or to participate as a party in any hearing therein must file a peti­ 1973, the Commission issued a certificate in participate as a party in any hearing tion to intervene in accordance with the said docket. Therefore, the Commission is therein must file petitions to intervene in construing Petitioner’s pleading as a petition Commission’s rules. to amend in accordance with Section 1.11(a) accordance with the Commission’s rules. Take further notice that, pursuant to of the Commission’s Rules of Practice and The application is on file with the Com­ the authority contained in and subject Procedure (18 CFR 1.11 (a )).

FEDERAL REGISTER. VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29530 NOTICES

Petitioner states that the relocation ing the 12-month period commencing this application if no petition to inter­ will involve a move of the pipeline to a July 1,1973, and operation of facilities to vene is filed within the time required point approximately 65 feet to the east enable Applicant to take into its certifi­ herein, if the Commission on its own re­ of the existing pipeline on the property cated main pipeline system natural gas view of the matter finds that a grant of of the Illinois Central Gulf Railroad which will be purchased from producers the certificate is required by the public which has granted an easement to Peti­ thereof and during the same period pur­ convenience and necessity. If a petition tioner. Petitioner estimates that the cost suant to § 157.7Cc) o f the regulations for for leave to intervene is timely filed, or o f the construction will be $8,644.14, the transportation of gas previously au­ if the Commission on its own motion which will be borne by the State. thorized, all as more fully set forth in believes that a formal hearing is re­ It appears reasonable and consistent the application which is on file with quired, further notice of such hearing with the public interest in this case to the Commission and open to public will be drily given. prescribe a period shorter than 10 days inspection. Under the procedure herein provided for the filing of protests and petitions to The purpose of this budget-type appli­ for, unless otherwise advised, it will be intervene. Therefore, any person desiring cation for gas purchase facilities is to unnecessary for Applicant to appear or to be heard or to make any protest with augment Applicant’s ability to act with be represented at the hearing. reasonable dispatch in contracting for reference to said petition to amend K enneth F. P lumb, should on or before October 31, 1973, file and connecting to its pipeline system ad­ Secretary. ditional supplies of natural gas in areas with the Federal Power Commission, [PR Doc.73-22695 Piled 10-24-73;8:45 am] Washington, D.C. 20426, a petition to in­ generally co-extensive with said system. tervene or a protest in accordance with The application states the total cost of the requirements of the Commission’s all facilities constructed pursuant to [Docket No. RP74-11] § 157.7(b) is anticipated to be approxi­ rules of practice and procedure (18 CFR KANSAS-NEBRASKA NATURAL GAS CO. 1.8 or 1.10). All protests filed with the mately $103,000 with one individual proj­ Commission will be considered by it in ect estimated at $60,000. Applicant states Order Accepting Revised Tariff Sheets, determining the appropriate action to be its total gas plant is less than $5,000,000 Providing for Hearing Procedures and taken but will not serve to make the and, therefore, requests a waiver to allow Granting Interventions construction at costs in excess of the Protestants parties to the proceeding. O ctober 16, 1973. limitations imposed by § 157.7(b) (1). Any person wishing to become a party Kansas-Nebraska Natural Gas Com­ to a proceeding or to participate as a Applicant further requests authoriza­ pany, Inc. (Kansas-Nebraska), on Au­ p^rty in any hearing therein must file tion to construct new gas-transportation gust 31, 1973, tendered for filing pro­ a petition to intervene in accordance facilities for the transportation of previ­ posed changes in its FFC Gas Tariff, with the Commission’s rules. ously authorized volumes of natural gas, Second Revised Volume No. 1: Original including replacement of one section of Sheet No. 24D; First Revised Sheets Nos. K enneth F. P lum b, 8-inch transmission pipeline with 10- Secretary. 8, 8B, 15B, 23, 24, 24B and 24C; Second inch pipeline. Applicant states such con­ Revised Sheets Nos. 15, 24A and PGA-1; [PR Doc.73-22685 Piled 10-24-73;8:45 am] struction will not result in a change in Third Revised Sheets Nos. 6, 7 and 14; authorized service. Applicant further and, Fourth Revised Sheets Nos. 5, 9,12 states the total cost of the proposed [Docket No. CI73-940] and 16. The proposed effective date of transmission facilities is estimated to be the changes is October 16, 1973. D. L. HANNIFIN, ET AL. $47,000 in excess of the $100,000 limita­ The proposed changes would increase Extension of Time and Postponement of tion imposed by § 157.7(c) (3) (i). Appli­ revenues from jurisdictional sales and Hearing cant requests waiver of this limitation service by $2,179,700 annually based upon stating that approximately $60,000 o f O ctober 16, 1973. the test year ended April 30,1973, as ad­ these costs are related to the replace­ justed. Kansas-Nebraska states that it On October 5, 1973, D. L. Hannifin, et ment of the transmission line. proposes to change the definition of al. requested an extension of the proce­ Applicant states the proposed facili­ Billing Demand in paragraph 3 b on dural dates fixed by order issued Sep­ ties will be financed from cash on hand sheet No. 5, Rate Schedule C D -I so that tember 13, 1973, and amended by notice and from cash generated from normal deliveries under this rate schedule will issued September 21, 1973. By letter filed internal sources. be limited to 80 percent of the contract October 11, 1973, counsel for Michael P. Any person desiring to be heard or to demand during the months o f April, Grace n and Corinne Grace opposed the make any protest with reference to said May, September and October and 60 per­ request. application should on or before Novem­ cent o f the contract demand during the Upon consideration, notice is hereby ber 9, 1973, file with the Federal Power months of June, July and August. In ad­ given that the procedural dates are Commission, Washington, D.C. 20426, a dition, as part of its General Terms and modified as follows: petition to intervene or a protest in ac­ Conditions, Kansas-Nebraska proposes Service of Testimony, October 25,1973. cordance with the requirements of the to restrict the reselling o f gas for boiler Hearing, November 1,1973 (10:00 a.m., Commission's Rules of Practice and Pro­ fuel or generation of electricity for new e.s.t.). cedure (18 CFR 1.8 or 1.10) and the or additional use to any presently served K enneth F. P lum b, Regulations under the Natural Gas Act customers or to any new customer. Secretary. (18 CFR 157.10). All protests filed with Further, Kansas-Nebraska states that it [FR Doc.73-22694 Piled 10-24-73; 8:45 am] the Commission will be considered by it proposes to increase its depreciation rate in determining the appropriate action to for its transmission system properties to be taken but will not serve to make the a rate of 4 percent. The proposed [Docket No. CP74-76] protestants parties to the proceeding. rate o f return, according to Kansas- INDUSTRIAL GAS CORP. Any person wishing to become a party Nebraska, will enable it to earn a return Notice of Application to a proceeding or to participate as a of 13 percent on equity. party in any hearing therein must file a Public notice of this filing was issued O ctober 16, 1973. petition to intervene in accordance with on September 17, 1973, which required Take notice that on September 21, the Commission’s Rules. that protests or petitions to intervene be 1973, Industrial Gas Corporation (Ap­ Take further notice that, pursuant to filed by September 24, 1973. Petitions to plicant) , P.O. Box 1473, Charleston, West the authority contained in and subject intervene were timely filed by Producers Virginia 25325, filed in Docket No. CP74- to the jurisdiction conferred'upon the Gas Equities, Inc., Central Kansas Power 76 an application pursuant to section 7 Federal Power Commission by sections Company, Inc., Central Telephone and (c) of the Natural Gas Act and § 157.7 7 and 15 of the Natural Gas Act and the Utilities Corporation, Northwestern Pub­ (b) of the regulations thereunder for a Commission’s Rules of Practice and Pro­ lic Service Company, Natural Gas Dis­ certificate of public convenience and ne­ cedure, a hearing will be held without tributing Company, and Natural Gas Dis­ cessity authorizing the construction, dur­ further notice before the Commission on tributing Company of Nebraska. Peti-

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29531 tions to intervene were untimely filed room of the Federal Power Commission, NATIONAL POWER SURVEY TECHNICAL by Iowa Electric Light and Power Com­ 825 North Capitol Street NE., W ashing­ a d v is o r y C o m m i t t e e o n r e s e a r c h pany, Peoples Natural Gas Division of ton, D.C. 20426. A hearing for purposes of AND DEVELOPMENT Northern Natural Gas Company, and cross-examination concerning the law­ Meeting Nebraska Natoural Gas Company. Since fulness and reasonableness of the rates good cause exists the untimely filings will and charges in company’s FPC Gas Tar­ Agenda of meeting to be held at the be permitted. iff, as proposed to be amended herein Federal Power Commission Offices, 825 Review of the rate filing and the plead­ shall be held commencing on March 12, North Capitol Street NE., Washington, ings indicate that issues are raised which 1974. D.C., 8:30 a.m., November 2, 1973, Room may require development in an evidenti­ (B) At the prehearing conference on 5200. ary hearing. The proposed increased January 29, -1974, Kansas-Nebraska’s 1. Meeting called to order by FPC rates and charges have not been shown prepared testimony (Statement P) to­ Coordinating Representative. to be just and reasonable and may be gether with its entire rate filing shall be 2. Objectives and Purposes of Meet­ unjust, unreasonable, unduly discrimina­ admitted to the record as its complete ing. tory or preferential or otherwise unlaw­ case-in-chief subject to appropriate mo­ A. Approval of minutes of Septem­ ful. Accordingly, we shall provide for tions, if any, by parties to the proceed­ ber 12,13, and 14 meeting. hearing herein and shall suspend the ing. B. Review and discussion of key elec­ proposed changes for the full five month (C) On or before January 22, 1974, tric power issues (grabbers). statutory period. the Commission Staff shall serve its pre­ C. Other business. We note that Kansas-Nebraska has not pared testimony and exhibits. Any inter- D. Dates of future meetings. utilized the unmodified Seaboard method venor evidence will be filed on or before 3. Adjournment. of classifying costs. Since our adoption February 5, 1974. Any rebuttal evidence This meeting is open to the public. of the unmodified Seaboard approvals in by Kansas-Nebraska shall be served on Any interested person may attend, ap­ Opinion No. 600-A we have stated that or before February 26,1974. pear before, or file statements with the unmodified Seaboard is the minimum ac­ (D) Pending hearing on a final deci­ Committee—which statements, if in writ­ ceptable to this Commission1. Accord­ sion in this proceeding, Kansas-Nebras­ ten form, may be filed before or after ingly, to the extent Kansas-Nebraska’s ka’s proposed revised tariff sheets, ten­ the meeting, or, if oral, at the time and rates claimed in this docket do not re­ dered on August 31,1973, are hereby ac­ in the manner permitted by the cover fully allocated Seaboard costs, as cepted,for filing, suspended for 5 months Committee. may be determined herein, Kansas-Ne­ and the use thereof deferred until K enneth F. P lu m b, braska may be required to absorb the M arch 16, 1974, and until such further Secretary. impact of any undercollections under time as they are made effective in the [FR Doc.73-22688 Filed 10-24-73;8:45 am] these rates as may occur. manner provided in the Natural Gas Act. The Commission finds: (E) A Presiding Administrative Law NATIONAL POWER SURVEY TASK FORCE Judge to be designated by the Chief Ad­ ON ENVIRONMENTAL ASPECTS OF THE (1) It is necessary and proper in the ministrative Law Judge for that pur­ TECHNICAL ADVISORY COMMITTEE ON public interest and to aid in the enforce­ pose (See Delegation of Authority, 18 CONSERVATION OF ENERGY ment of the provisions of the Natural CFR 3.5 (d> ), shall preside at the hear­ Gas Act that the Commission enter upon ing in this proceeding, shall prescribe Meeting a hearing concerning the lawfulness of relevant procedural matters not herein Agenda for meeting to be held at the the rates and charges contained in Kan­ provided, and shall control the proceed­ Federal Power Commission Offices, 825 sas-Nebraska’s Gas Tariff, Second Re­ ing in accordance with the policies ex­ North Capitol Street NE., Washington, vised Volume No. 1 as proposed to be pressed in the Commission’s Rules of D.C., 9:30 a.m., November 19,1973, Room amended by this filing and that the ten­ Practice and Procedure. 6200: dered revised tariff sheets be accepted (F) The above named petitioners are 1. Meeting called to order by FPC for filing and suspended as hereinafter hereby permitted to intervene in this Staff Representative. provided. proceeding, subject to the rules and regu­ 2. Objectives and purposes of meeting. (2) The disposition of this proceed­ lations of the Commission: Provided, A. Review of section of task force re­ ing should be expedited in accordance however, That the participation of such port dealing with economic policy with the procedure set forth below. intervenors shall be limited to matters initiatives to conserve energy. (3) Although the petitions to inter­ affecting rights and interests specifically B. Rewording of certain task force vene filed by Iowa Electric Light and set forth in the respective petitions to recommendations. Power Company, Peoples Natural Gas intervene, and Provided, further, That C. Discussion of new task force Division o f Northern Natural Gas Com­ the admission of such intervenors shall recommendations. pany and Nebraska Natural Gas Com­ not be construed as recognition by the D. New business. pany were not timely filed, good cause Commission that they, or any of them, 3. Adjournment. exists for permitting the late filings. may be aggrieved because of any order or This meeting is open to the public. (4) Participation in this proceeding orders issued by the Commission in this Any interested person may attend, ap­ of the above-named petitioners to in­ proceeding. pear before, or file statements with the tervene may be in the public interest. (G) Pursuant to § 2.59(c) of the Com­ committee—which statements, if in writ­ mission’s rules of practice and pro­ ten form, may be filed before or after The Commission orders. the meeting, or if oral, at the time (A) Pursuant to authority of the Nat­ cedure, Kansas-Nebraska shall promptly serve copies of its filing upon all of the and in the manner permitted by the ural Gas Act, particularly section 4 and committee. 5 thereof, the Commission’s Rules and above mentioned intervenors, unless such service has already been effected pursu­ K enneth F. P lu m b, Regulations (18 CFR Chapter 1), a pre- Secretary. hearing conference shall be held pursu­ ant to Part 154 of the regulations under ant to § 1.18 of_the Commission’s rules the Natural Gas Act. [FR Doc.73-22689 Filed 10-24-73:8:45 am] of practice and procedure on January 29, (H) The Secretary of the Commission 1974, at 10:00 a.m., e.s.t., in a hearing shall cause prompt publication of this [Docket No. OP73-219] order in the F ederal R egister. NATURAL GAS PIPELINE CO. OF AMERICA __ 1 See Colorado Interstate Gas Company, By the Commission. Notice of Amendment to Application Docket No. RP72-113 order issued July 5, [seal] K enneth F. P lu m b, 1973; Natural Gas Pipeline Company of O ctober 16,1973. America, Docket No. RP72-132, order issued Secretary. Take notice that on September 26, July 18,1973. .[FR Doc.73-22692 FUed 10-24-73;8:45 am] 1973, Natural Gas Pipeline Company of

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205------11 29532 NOTICES

America (Applicant) 122 South Michigan Applicant further states that pursuant On March 27, 1973, the Commission Avenue, Chicago, Illinois 60603, filed in to a transportation service agreement issued an order in Docket No. RP73-48 Docket No. CP73-219 an amendment to with Trunkline, as amended Septem­ which permitted Peoples Division to in­ its application pending in said docket, ber 12, 1973, Applicant has agreed to re­ corporate a PGA clause into its tariff but requesting pursuant to section 7(c) of ceive, transport, and redeliver up to 300,- rejected the purchased gas rate increases the Natural Gas Act a certificate of pub­ 000 M cf of gas per day (175,000 M cf per thereunder because the rate filing in­ lic convenience and necessity, authoriz­ day during the first year of service) in dicated that Northern had experienced ing the construction of certain facilities lieu o f the 200,000 M cf per day (135,000 no purchased gas rate increases after the and the transportation and delivery of up Mcf per day during the first year of proposed, effective date of the PGA to 200,000 Mcf of natural gas per day for service), provided for in the original ap­ clause. However, we also noted that our the account of Trunkline Gas Company plication in the instant docket. Applicant rejection of the rate increase was: (Trunkline), herein amended to encom­ states that no new facilities other than * *-* without prejudice to Northern’s pass arrangements entered into by Appli­ those proposed in its original application right to make a compiete rate increase filing cant subsequent to the filing of its will be required. under section 4(e) of the Natural Gas Act original application, all as more fully Stingray has pending in Docket No. and § 154.63 of the Commission’s Regulations set forth in the application which is on thereunder to recover claimed increased CP73-27 a request for authorization to costs. file with the Commission and open to construct offshore facilities under the public inspection. transportation agreement dated Septem­ Northern states that the present filing is Applicant states that pursuant to a ber 12, 1973. Concurrently with instant in compliance with this provision. transportation agreement- with United, amendment United has filed a related The filing was noticed on Septem­ dated September 12, 1973, and entered application in Docket No. CP74-89. ber 19, 1973, but no comments have been into subsequent to the filing of the origi­ Any person desiring to be heard or to received. Our review of Northern’s filing nal application in this docket, Applicant make any protest with reference to said indicates that it raises certain issues has agreed to transport up to 200,000 M cf amendment should on or before Novem­ which may require development in an of natural gas per day (Reserved Daily ber 9, 1973, file with the Federal Power evidentiary proceeding. The proposed in­ Capacity) in the State of Louisiana Commission, Washington, D.C. 20426, a creases in rates and charges have not which gas United will cause Stingray petition to intervene or a protest in ac­ been shown to be unjust and unreasona­ Pipeline Company (Stingray) to deliver cordance with the requirements of the ble and may be unjust, unreasonable, un­ to Applicant’s existing Holly Beach Commission’s rules of practice and pro­ duly discriminatory or preferential or delivery point. cedure (18 CFR 1.8 or 1.10) and the otherwise unlawful. Applicant further states that redeliv­ Regulations under the Natural Gas Act The Commission finds. ery of thermal equivalent volumes of gas (18 CFR 157.10). All protests filed with by Applicant to United will be made the Commission will be considered by it It is necessary and proper in the public primarily at a proposed redelivery point in determining the appropriate action to interest and to aid in the enforcement to be constructed near Erath, Louisiana. be taken but will not serve to make the of the provisions of the Natural Gas Act Alternative delivery points are provided Protestants parties to the proceeding. that the Commission enter upon a hear­ for at an existing facility at the outlet Any person wishing to become a party to ing concerning the lawfulness of the of the Mobil Oil Company’s (Mobil) a proceeding or to participate as a party rates and charges contained in North­ Cameron Meadows plant and a proposed in any hearing therein must file a peti­ ern’s FPC Gas Tariff, as proposed to be facility designated as the Deep Lake re­ tion to intervene in accordance with the amended in this docket, and that the delivery point both sites located at in­ Commission’s rules. tendered tariff sheet be suspended and terconnections of said parties existing the use thereof deferred as hereinafter pipelines in Cameron Parish, Louisiana. K enneth F. P lum b, provided. Secretary. Applicant states the term of the The Commission orders. transportation agreement is 20 years [FR Doc.73-22693 Filed 10-24-73;8:45 ami (A) Pursuant to the authority" of the from the date of the first delivery and Natural Gas Act, particularly sections 4 redelivery. Applicant proposes to charge [Docket No. RP74-12] and 5 thereof and the Regulations under United for said transportation service a NORTHERN NATURAL GAS CO. the Natural Gas Act (18 CFR Chapter I), monthly demand charge equal to the a prehearing conference shall be held product .of the Mcf of Reserved Daily Order Accepting. Proposed Revised Tariff pursuant to § 1.18 o f the Commission’s Capacity, times 98 miles, times 0.67 cent Sheet and Providing fqr Hearing rules of practice and procedure on Jan­ per Mcf mile for deliveries made to the O ctober 16, 1973. uary 29, 1974, at 10:00 a.m., e.s.t„ in Erath delivery point. In addition a com­ a hearing room o f the Federal Power modity charge of 0.109 cent per M cf1 or On August 31, 1973, Northern Natural Gas Company (Northern) tendered for Commission, 825 North Capitol Street 0.72 cent per M c f2 will be made for any NE., Washington, D.C. 20426. A hearing quantities redelivered by Mobil or filing proposed changes in its FPC Gas Tariff, Original Volume No. 41 which for the purposes of cross-examination Applicant. concerning the lawfulness and reasona­ Applicant proposes to construct, own, would increase jurisdictional revenues by $56,654 annually based upon sales vol­ bleness of the rates charges, classifica­ and operate redelivery facilities consist­ tions, and services contained in North­ ing of tap and measuring facilities at umes for the twelve months ended April 30, 1973, as adjusted, to become ef­ ern’s FPC Gas Tariff, as proposed to be Erath and Deep Lake redelivery points. amended herein, shall be held commenc­ The estimated costs of the proposed re­ fective on October 16, 1973. The changes affect only sales made in Texas, Okla­ ing on March 5, 1974, at 10:00 a.m., e.s.t. delivery facilities are stated to be $166,500 (B ) On or before November 27, 1973, and $71,000 at Erath and Deep Lake, homa and New Mexico on Peoples Nat­ ural Gas Division (Peoples Division), a Northern shall serve its prepared testi­ respectively, the latter cost to be reim­ mony and exhibits. On or before Janu­ bursed by United. Applicant states said distribution system operated independ­ ently of Northern's main pipeline sys­ ary 17, 1974, the Commission Staff shall costs will be financed from funds on hand serve its prepared testimony and ex­ and that no additional facilities are re­ tem. Northern states that the proposed increase in rates is to recover increased hibits. The prepared testimony and ex­ quired at the Holly Beach or Cameron hibits o f all intervenors shall be served delivery points. purchased gas costs from Colorado In­ terstate Gas Company (CIG). as well as on or before February 1, 1974. Any re­ increased operation and maintenance buttal evidence by Northern shall be 1 Gas redelivered to United by Mobil for costs. served on or before February 18, 1974. the account of Natural at Cameron Meadows. (C) A Presiding Administrative Law a Gas redelivered to United by Natural at Judge to be designated by the Chief Ad­ Deep Lake. 1 First Revised Sheet No. 3a. ministrative Law Judge for that purpose

FEDERAL REGISTER, VOL. 38, NO. 205— -THURSDAY, OCTOBER 25, 1973 NOTICES 29533

(See Delegation o f Authority, 18 CFR ing or to participate as a party in any make any protest with reference to said 3.5(d)), shall preside at the hearing in hearing therein must file a petition to application should on or before Novem­ this proceeding, shall prescribe relevant intervene in accordance with the Com­ ber 7, 1973, file with the Federal Power procedural matters not herein provided, mission’s rules. Commission, Washington, D.C. 20426, and shall control this proceeding in ac­ Take further notice that, pursuant to petitions to intervene or protests in ac­ cordance with the policies expressed in the authority contained in and subject to cordance with the requirements of the § 2.59 of the Commission’s rules of prac­ the jurisdiction conferred upon the Fed­ Commission’s rules of practice and pro­ tice and procedure. eral Power Commission by sections 7 and cedure (18 CFR 1.8 or 1.10). All protests (D) Pending hearing and a decision 15 of the Natural Gas Act and the Com­ filed with the Commission will be con­ thereon Northern’s proposed revised mission’s rules of practice and procedure, sidered by it in determining, the appro­ tariff sheet, noted in Footnote 1, is ac­ hearings will be held without furtherjno- priate action to be taken but will not cepted for filing, suspended and the use tice before the Commission on these ap­ serve to make the protestants parties to thereof deferred for one day until Octo­ plications if no petitions to intervene are the proceeding. Persons wishing to be­ ber 17,1973, and until such further time filed within the time required herein, if come parties to the proceeding or to par­ as it is made effective in the manner pro­ the Commission on its own review of the ticipate as a party in any hearing therein vide.?! in tiie Natural Gas Act. matters finds that a grant of the certifi­ must file petitions' to intervene in ac­ cates is required by the public conven­ cordance with the Commission’s rules. (E) The Secretary shall cause prompt ience and necessity. If petitions for leave The application is on file with the Com­ publication of this order to be made in to intervene are timely filed, or if the mission and available for public inspec­ the F ederal R egister. Commission on its own motion believes tion. By the Commission. that formal hearings are required, fur­ K enneth F. P lu m b, ther notice of such hearings will be duly Secretary. . [seal! K enneth F. P lum b, Secretary. given. [FR Doc.73-22696 Filed 10-24-73;8:45 am] Under the procedure herein provided [FR Doc.73-22690 Filed 10-24-73; 8:45 am] for, unless otherwise advised, it will be unnecessary for Applicant to appear or [Docket No. CI74-185] [Dockets Nos. CI74-196 and CI74-197] be represented at the hearings. TEXACO INC. POST OAK GAS CO. K enneth F. P lu m b, Secretary. Notice of Application Notice of Applications O ctober 16, 1973. [FR Doc.73-22686 Filed 10-24-73:8:45 am] O ctober 16, 1973. Take notice that on September 18, 1973, Texaco, Inc. (A pplicant), P.O. Box Take notice that on September 21, [Docket No. E-8414] 1973, Post Oak Gas Co. (Applicant), 60252, New Orleans, Louisiana 70160, 4054 Herring Street, Corpus Christi, POWER AUTHORITY OF THE STATE OF filed in Docket No. CI74-185 an applica­ Texas 78418, filed in Dockets Nos. CI74- NEW YORK tion pursuant to section 7(c) of the 196 and CI74-197 applications pursuant Natural Gas Act for a certificate of public Notice of Application for Presidential convenience and necessity authorizing to section 7(c) of the Natural Gas Act Permit for certificates of public convenience and the sale for resale and delivery of necessity authorizing the sales for resale O ctober 16,1973. natural gas in interstate commerce to and delivery of natural gas in interstate Take notice that on September 21, Transcontinental Gas Pipe Line Cor­ commerce to United Gas Pipe Line Co. 1973, the Power Authority o f the State poration from the West Mermentau from the Weesatche Field, Goliad, of New York (Applicant) filed with the Field, Jefferson Parish, Louisiana, all as County, Texas, all as more fully set forth Federal Power Commission, pursuant to more fully set forth in the application in the applications which are on file with Executive Order No. 10485 of Septem­ which is on file with the Commission and the Commission and open to public ber 3,1953, an application for authoriza­ open to public inspection. inspection. tion to construct, operate, maintain and Applicant proposes to sell gas for three connect certain electric transmission fa­ years at 35.0 cents per M cf at 15.025 Applicant proposes in each docket to p.si.a. within the contemplation of § 2.70 sell up to 2,000 M cf of gas per day for one cilities at a point on the United States- Canadian boundary near the Town of of the Commission’s general policy and year within the contemplation o f § 2.70 interpretations <18 CFR 2.70). Applicant of the Commission’s General Policy and Fort Covington, Franklin County, New York. Applicant is an agency of the State requests authorization to sell approxi­ Interpretations (18 CFR 2.70). In Docket mately 300 Mcf of gas per day and esti­ No. CI74-196, Applicant proposes to sell of New York and is authorized to con­ struct and operate such facilities. mates monthly sales at 14,400 M cf. gas at 50.0 cents per M cf at 14.65 p.s.i.a. It appears reasonable and consistent and in Docket No. CI74-197 Applicant The facilities proposed to be con­ structed at the United States-Canadian with the public interest in this case to proposes to sell gas at 45.0 cents per Mcf prescribe a period shorter than 15 days at 14.65 p.s.i.a. Estimated monthly sales border will consist of a single circuit steel lattice-type tower with supporting for the filing of protests and petitions to in each docket are 5,000 M cf of gas. structures, land and appurtenant facili­ intervene. Therefore, any person desir­ It appears reasonable and consistent ties. At the international border these ing to be heard or to make any protest with the public interest in these cases to facilities will connect with a 765 kv. cir­ with reference to said application should prescribe a period shorter than 15 days cuit suspended from a similar tower on cm or before October 29, 1973, file with for the filing of protests and petitions to the Canadian side of the border. The the Federal Power Commission, Wash­ intervene. Therefore, any person desiring connection will be at a point on the ington, D.C. 20426, a petition to intervene to be heard or to make any protest with border between the State of New York or a protest in accordance with the re­ reference to said applications should on and the Province of Quebec about two quirements of the Commission’s rules of or before October 29, 1973, file with the miles east of the Town of Fort Coving­ practice and procedure (18 CFR 1.8 or Federal Power Commission, Washing­ ton, New York. 1.10). All protests filed with the Commis­ ton, D.C. 20426, petitions to intervene or Applicant has applied to the Public sion will be considered by it in determin­ protests in accordance with the require­ Service Commission of the State of New ing the appropriate action to be taken ments of the Commission’s rules of prac­ York for a Certificate of Environmental but will not serve to make the protest­ tice and procedure (18 CFR 1.8 or 1.10). Compatibility and Public Need for the ants parties to the proceeding. Any per­ All protests filed with the Commission 765 kv. single circuit transmission line son wishing to become a party to a pro­ will be considered by it in determining facilities to be constructed in the United ceeding or to participate as a party in the appropriate action to be taken but States for the purpose of transmitting will not serve to make the protestants energy to and from the proposed con­ any hearing therein must file a petition parties to the proceeding. Any person nection at the international border. to intervene in accordance with the wishing to become a party to a proceed­ Any person desiring to be heard or to Commission’s regulations.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29534 NOTICES

Take further notice that, pursuant to ture, rate base, reasonableness of adjust­ In these dockets and that the tendered the authority contained in and subject to ments to reflect additional facilities, op­ tariff sheets in Docket No. RP74-19 be the jurisdiction conferred upon the Fed­ erating and maintenance expenses, accepted for filing and suspended as eral Power Commission by sections 7 and adjustments to other income tax hereinafter provided. 15 of the Natpral Gas Act and the Com­ deductions, cost allocation, and rate (3) 'Hie disposition of this proceed­ mission’s Rules of practice and proce­ design. ing should be expedited in accordance dure, a hearing will be held without fur­ The filing o f September 14, 1973, was with the procedure set forth below. ther notice before the Commission on this noticed on September 21, 1973, with let­ (4) Good cause exists for consolida­ application if no petition to intervene ters of protest and petitions to inter­ tion of Docket Nos. RP74-19, RP69-2, is filed within the time required herein, vene due on or before October 2, 1973. RP70-25, RP71-27, RP71-28, and if the Commission on its own review of Our review of the filing indicates that RP72-144. the matter finds that a grant of the it raises certain issues which may re­ The Commission orders. certificate is required by the public con­ quire development in an evidentiary venience and necessity. If a petition for hearing. The proposed increases in rates (A) Pursuant to the authority of the leave to intervene is timely filed, or if and charges have not been shown to be Natural Gas Act, particularly section 4 the Commission on its own motion be­ just and reasonable and may be unjust, and 5 thereof, the Commission rules and lieves that a formal hearing is required, unreasonable, unduly discriminatory or regulations (18 CFR, Chapter I), a pre- further notice of such hearing will be preferential or otherwise unlawful. We hearing conference shall be held pur­ duly given. shall therefore order a suspension of the suant to § 1.18 o f the Commission’s rules Under the procedure herein provided rates proposed herein for the full statu­ of practice and procedure on January 29, for, unless otherwise advised, it will be tory period. 1974, at 10:00 a.m., est, in a hearing room unnecessary for Applicant to appear or Florida Gas filed proposed rate in­ of the Federal Power Commission, 825 be represented at the hearing. creases in Docket Nos. RP69—2, RP70-25, North Capitol Street NE., Washington, and RP72-144. In each docket, the Com­ D.C. 20426. A hearing for the purposes K enneth F. P lu m b, mission suspended the increases for the o f cross-exam ination concerning the Secretary. full statutory 5 month period and de­ lawfulness and -reasonableness of the [PR Doc.73-22687 Filed 10-24-73;8:45 am] ferred the setting of service and hearing rates and charges contained in Florida dates pending the determination of is­ Gas’ subject rate filing and the proceed­ sues in DocketNos. RP66—4 and RP68-1.2 ings consolidated herein shall be held [Docket Nos. RP74-19, RP69-2, RP70-25, com mencing on February 12, 1974. RP71-27, RP71-28, RP72-144] In Docket No. RP71-27 Florida Gas filed a rate increase to reflect the effect of (B ) On or before January 14,1974, the FLORIDA GAS TRANSMISSION CO. rate normalization of ' liberalized tax Commission Staff shall serve its prepared testimony and exhibits. Any intervenor Order Accepting for Filing and Suspending depreciation. In Docket No. RP71-28, Florida Gas filed a petition requesting evidence will be filed on or before Jan­ Proposed Rate Increase, Consolidating uary 21, 1974. Any rebuttal evidence by Proceeding and Providing for Hearing permission to adopt the normalized method accounting for liberalized tax Florida Gas shall be served on or before O ctober 12, 1973. depreciation. In both Docket Nos. RP71— February 4,1974. Florida Gas Transmission Company 27 and RP71-28 the Commission deferred (C) Pending hearing and a decision (Florida Gas) tendered for filing on setting service on hearing dates. thereon, Florida Gas’ tariff sheets listed September 14, 1973, changes in its FPC The Commission ruled upon the issues in footnote 1 above are accepted for Gas Tariff, Original Volume No. 2.1 By in Docket Nos. RP66—4 and RP68—1 in filing, suspended fo r five months and this filing, Florida Gas Proposes to in­ Opinion No. 611 issued February 16,1972, the use thereof deferred until March 15, crease its transportation rates as fol­ and Opinion No. 611—A issued Jan­ lows: 1974, and until such further time as it is uary 19, 1973. Sim Oil Company, on made effective in the manner provided February 27, 1973, appealed the Com­ In the Natural Gas Act. Rate . Presently effective Proposed mission’s Opinions to the District of schedules Columbia Circuit. (Circuit Case No. (D) Docket Nos. RP74-19, RP69-2, 73-1203.) RP70-25, RP71-27, RP71-28, and RP72- T-1 18.630/MM B.t.U. . = » 21.77(6/MM B.t.U. 144 are hereby consolidated for purposes T -2 __ s s 23.900/MM B.t.U. _ = = 28.96ÿ/MM B.t.U. This Commission believes it is now ap­ T-3 __^ 20.36Î/MM B.t.U. _ss=i 23.64Î/MM B.t.U; propriate to commence proceedings in of hearing and decision. the pending dockets and concludes that (E) At the prehearing conference on their ultimate disposition would best be January 29,1974, the prepared testimony Based upon transportation deliveries accomplished in a consolidated proceed­ for the twelve month period ending ing. The Commission shall therefore con­ (Statement P) of Florida Gas, together May 31, 1973, adjusted, the proposed in­ solidate Docket Nos. RP74-19, RP69-2, with its entire rate filings at Docket No. crease would amount to about $4,629,660 RP70-25, RP71-27, RP71-28, and RP72- RP74-19, et al., shall be admitted to the annually. The proposed effective date is 144 and order of the service of evidence record as its complete case-in-chief sub­ October 15, 1973. and trial of the issues raised therein in Florida Gas states that the transpor­ ject to appropriate motions, if any, by accordance with the schedule hereinaf­ parties to the proceeding. tation rate level currently effective was ter prescribed. established by a rate filing made on (F) A Presiding Administrative Law March 16, 1970, at Docket No. RP70-25. The Commission finds. Judge to be designated by the Chief Ad­ Florida Gas states that major cost (1) The proposed increased rates and ministrative Law Judge for that purpose changes have since occurred, including charges in Docket No. RP74-19 have not (See Delegation of Authority, 18 CFR 3.5 been shown to be justified and may be changes in the cost of capital, with the ( d ) ) , shall preside at the hearing in this result that the presently effective trans­ unjust, unreasonable, unduly discrimina­ portation rates are inadequate to meet tory or preferential or otherwise proceeding, shall prescribe relevant pro­ the test period of service allocable to unlawful. cedural matters not herein provided, and such services and provide a fair rate of (2) It is necessary and proper in the shall control this proceeding in accord­ return. public interest and to aid in the enforce­ ance with the policies expressed in § 2.59 A review of the filing of September 14, ment of the provisions of the Natural of the Commission’s rules of practice and 1973, indicates that the data submitted Gas Act that the Commission enter upon procedure. in support of the proposed increase raises a hearing concerning the lawfulness of (G) The Secretary shall cause prompt issues concerning, but not necessarily re­ the rates and charges contained in Flor­ publication of this order in the F ederal stricted to, rate of return, capital struc- ida Gas’ FPC Gas Tariff, as proposed R eqister. By the Commission. 1 Ninth Revised Sheet No. 27 and Ninth 2 See Appendix A for list of interventions Revised Sheet No. 63 and Seventh Revised that have been granted in each docket and [ seal] K enneth F. P lumb, Sheet No. 128 of Original Volume No. 2. Appendix B for synopsis of each docket. Secretary.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29535

Appendix A FEDERAL RESERVE SYSTEM on the application should submit his INTERVENOKS views in writing to the Reserve Bank to AUSTIN BANCSHARES CORP. be received not later than October 31, Docket No. RP69—2 Acquisition of Bank 1973. 1. United States of America by the Admin­ istrator of General Services. Austin Bancshares Corporation, Aus­ Board of Governors of the Federal 2. Central Florida Gas Corporation. tin, Texas, has applied for the Board’s Reserve System, October 17, 1973. approval under section 3

FEDERAL REGISTER. VOL. 38. NO. 205— THURSDAY, OCTOBER 25, 1973 29536 NOTICES ices for customers of Applicant’s sub­ CHASE MANHATTAN CORP. set forth in section 3(c) of the Act (12 sidiary bank in Clayton, Missouri. Proposed Acquisition of Berkeley Credit - U.S.C. 1842(c)). Company and Partnership’s market Corp. The application may be inspected at area is the St. Louis banking market (ap­ the office of the Board of Governors or at proximated by central St. Louis County The Chase Manhattan Corporation, the Federal Reserve Bank o f Cleveland. and the surrounding metropolitan area). New York, Nqw York, has applied, pur­ .Any person wishing to comment on the Applicant has one banking subsidiary suant to section 4(c) (8) of the Bank application should submit his views in engaging in trust activities, The Central Holding Company Act (12 U.S.C. 1843(c) writing to the Secretary", Board of Gov­ Trust Bank, Jefferson City, Missouri; but (8 ))'and § 225.4(b) (2) of the Board’s ernors of the Federal Reserve System, this subsidiary is located 135 miles from Regulation Y, for permission to acquire Washington, D.C. 20551, to be received St. Louis and derives no business from voting shares of Berkeley Credit Cor­ not later than November 10, 1973. the market area of Company and Part­ poration, New York, New York. Notice of the application was published on:' (1) Board of Governors of the Federal Re­ nership. Applicant’s subsidiary in the St. serve System, October 16, 1973. Louis market area, The First National May 10, 1973, in the New York Times, Bank of Clayton, does not presently have (2) on May 11,1973, in the Boston Globe, [ seal] - T heodore E. A llison, trust powers. Of the 36 other trust or­ and (3) on May 23, 1973, in the Atlanta Assistant Secretary of the Board. Journal. ganizations in the St. Louis market area', [FR 000.73-22627 Filed 10-24-73;8:45 am] the combined share of trust revenue of Applicant states that the proposed Company and Partnership is less than 2 subsidiary would engage in the activities percent of the market total. De novo of making or acquiring for its own ac­ ELLIS BANKING CORP. count, or for the account of others, loans entry by Applicant into trust activities Acquisition of Bank in the St. Louis market is not regarded and other extensions of credit, secured or as a likely alternative due primarily to unsecured, such as would be made by a 1 ' Ellis Banking Corporation, Brandern the large number of established sizeable commercial finance company. Such ac­ ton* Florida, has applied for the Board’s competitors already operating in the tivities have been specified by the Board approval under section 3(a) (3) of the market, and the time and expertise re­ in § 225.4(a) of Regulation Y as permis­ Bank Holding Company Act (12 U.S.C. quired to develop a successful trust op­ sible for bank holding companies, subject 1842(a)(3)) to acquire 51 percent or eration. Accordingly, consummation of to Board approval of individual proposals more of the voting shares of Parkway the proposal would not appear to have in accordance with the procedures of National Bank of Tallahassee, Talla­ an adverse effect on existing or future § 225.4(b). hassee, Florida. The factors that are con- competition in the market. The Board Interested persons may express their ( siderCd in acting on the application are concludes that competitive considera­ views on the question whether consum­ set forth in setcion 3(c) of the Act (12 tions are consistent with approval of the mation of the proposal can reasonably be U.S.C. 1842(c)). application. expected to produce benefits to the pub­ The application may be inspected at It is anticipated that Company and lic, such as greater convenience, in­ the office of the Board of Governors or at Partnership’s affiliation with Applicant creased competition, or gains in effi­ the Federal Reserve Bank of Atlanta. should enable the proposed subsidiary to ciency, that outweigh possible adverse Aiiy person wishing to comment on the become a stronger competitive force in effects, such as undue concentration of application should submit his views in the St. Louis fiduciary market. Applicant resources, decreased or unfair competi- writing to the Secretary, Board of Gov­ intends to operate Company and Part­ tion, conflicts of interests, or unsound ernors of the Federal Reserve System, nership as the trust arm of their St. Louis banking practices. Any request for a Washington, D.C. 20551, to be received banking subsidiary and plans to enlarge hearing on this question should be ac­ not later than November 6, 1973. companied by a statement summarizing the scope of trust services presently of­ Board of Governors of the Federal Re­ fered by Company and Partnership in the evidence the person, requesting the serve System, October 18, 1973. this area. There is no évidence in the rec­ hearing proposes to submit or to elicit at ord indicating that consummation of the the hearing and a statement of the rea­ [ seal] T heodore E. A llison,. proposed acquisition would result in un­ sons why this matter should not be Assistant Secretary of the Board. due concentration of resources, unfair resolved without a hearing. [FR Doc.73-22624 Filed 10-24-73;8:45 am] competition, conflicts of interest, un­ The application may be inspected at sound banking practices, or other adverse the offices of the Board of Governors or effects. at the Federal Reserve Bank of New FIRST ALABAMA BANCSHARES, INC. Based upon the foregoing and other York. - Order Approving Acquisition of Bank considerations reflected in the record, Any views or requests for hearing the Board has determined that the bal­ should be submitted in writing and re­ First Alabama Bancshares, Inc., Bir­ ance of the public interest factors the ceived by the Secretary, Board of Gov­ mingham, Alabama, a bank holding com­ Board is required to consider under sec­ ernors of the Federal Reserve System, pany within the meaning of the Bank tion 4(c) (8) is favorable. Accordingly, Washington, D.C. 20551, not later than Holding Company Act, has applied for the application is hereby approved. This November 10, 1973. the Board’s approval under section determination is subject to the conditions 3(a) (3) of the Act (12 U.S.C. 1842(a) (3)) set forth in § 225.4(c) of Regulation Y 1 Board of Governors of the Federal Re­ to acquire all of the voting shares (less and to the Board’s authority to require serve System, October 16, 1973. directors’ qualifying shares) of the.suc­ such modification or termination of thé [ seal] T heodore E. A lliso n , cessor by merger to The Selma National activities of a holding company or any Assistant Secretary of the Board. Bank, Selma, Alabama (Bank). The bank into which Bank is to be merged has no of its subsidiaries as the-Board finds nec­ [FR Doc.73-22628 Filed 10-24-73:8:45 am] essary to assure compliance with the pro­ significance except as a means to facili­ visions and purposes of the Act and the tate the acquisition of the voting shares Board’s regulations and orders issued COMMUNITY BANCORPORATION of Bank. Accordingly, the proposed ac­ thereunder, or to prevent evasion thereof. quisition of shares of the successor or­ Formation of Bank Holding Co. ganization is treated herein as the pro­ By order of the Board of Governors,2 Community Bancorporation, Colum­ posed acquisition of the shares of Bank. effective October 17,1973. bus, Ohio, has applied for the Board’s Notice of the application, affording op­ [ seal] C hester B. F eldberg, approval under section 3(a)(1) of the portunity for interested persons to sub­ Secretary of the Board. Bank Holding Company Act (12 U.S.C. mit comments and views, has been given [FR Doc.73-22619 Filed 10-24-73;8:45 am] 1842(a)(1)) to become a bank holding in accordance with section 3(b) of the company through acquisition o f 83.55 the Act. The time for filing comments a Voting for this action: Vice Chairman percent of the voting shares of The First National Bank in Mount Gilead, Mount and views has expired, and the Board has Mitchell and Governors Daane, Brimmer, considered the application and all com­ Sheehan, Bucher, and Holland. Absent and Gilead, Ohio. The factors that are con­ not' voting: Chairman Burns. sidered in acting on the application are ments received in light of the factors set

FEDERAL REGISTER. VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29537 forth in section 3(c) of the Act (12 U.S.C. of the proposed transaction would be in application should submit his views in 1842(c)). the public interest and that the applica­ •writing to the Secretary, Board of Gov­ Applicant, the second largest banking tion should be approved. ernors of the Federal Reserve System, organization in Alabama, controls eight On the basis of the record, the appli­ W ashington, D.C. 20551, to be received banks with aggregate deposits of $741.6 cation is approved for the reasons sum­ not later than November 6, 1973. million, which represent 10,9 percent of marized above. The transaction shall not Board of Governors of the Federal Re­ total deposits in commercial banks in the be consummated (a) before the thirtieth serve System, October 18, 1973. State.1 The acquisition of Bank (deposits calendar day following the effective date of $30.5 million) would not significantly of this Order or (b) later than three [ seal] T heodore E. A lliso n , increase Applicant’s share of total com­ months after the effective date of this Assistant Secretary of the Board. mercial bank deposits in Alabama and Order, unless such period is extended [FR Doc.73-22622 Filed 10-24-73;8:45 am] would not alter its rank among banking for good cause by the Board, or by the organizations in the State. Federal Reserve Bank of Atlanta pur­ Bank, the second largest of six banks suant to delegated authority. FIRST BANCSHARES OF FLORIDA, INC. in the Selma banking market (approxi­ By order of the Board of Governors,2 _ Acquisition of Bank mated by Dallas County, Alabam a), con­ effective October 17, 1973. trols 25.3 percent of total deposits in First Bancshares of Florida, Inc., Boca commercial banks in such' market. The [ seal] C hester B. F eldberg, Raton, Florida, has applied for the largest and third largest market repre­ Secretary of the Board, Board’s approval under section 3(a)(3) of the Bank Holding Company Act (12 sentatives control, respectively, 33.9 per­ [PR Doc.73-22620 Piled 10-24-73;8:45 am] cent and 25.2 percent of total market U.S.C. 1842(a) (3)) to acquire 90 percent deposits. Applicant’s subsidiary closest or more of the voting shares of First to Bank is the First National Bank of FIRST BANCORP OF N.H., INC. State Bank of Arcadia, Arcadia, Florida. The factors that are considered in acting Montgomery, located about 45 miles east Acquisition of Bank of Bank; and no meaningful competi­ on the application are set forth in section tion exists between Bank and any of Ap­ First Bancorp of N.H., Inc., Exeter, 3(c) of the Act (12 U.S.C. 1842(c)). plicant’s present banking subsidiaries. New Hampshire, has applied for the The application may be inspected at Although Applicant’s mortgage company Board’s approval under section 3(a)(3) the office of the Board of Governors or at subsidiary does originate some mortgage of the Bank Holding Company Act (12 the Federal Reserve Bank of Atlanta. loans within the Selma market, it has U.S.C. 1842(a) (3)) to acquire at least 80 percent of the voting sharess (less direc­ Any person wishing to comment on the neither offices nor employees located in application should submit his views in such market. Consummation of the pro­ tors’ qualifying shares) of the successor posal would not eliminate any signifi­ by merger to the Concord National Bank, writing to the Secretary, Board of Gov­ cant competition between Bank and Ap­ Concord, New Hampshire. The factors ernors of the Federal Reserve System, plicant’ s mortgage com pany because of that are considered in acting on the ap­ Washington, D.C. 20551, to be received the limited market shares o f each and plication are set forth in section 3(c) of not later than November 12, 1973. the presence o f numerous other sources the Act (12 U.HC. 1842(c)). ‘ of real estate lending. It appears un­ The application may be Inspected at Board of Governors of the Federal Re­ likely that any future competition would the office of the Board of Govemorsor at serve System, October 18,1973. develop between Bank and any of Ap­ the Federal Reserve Bank of Boston. Any [ seal] T heodore E. A lliso n , plicant’s banking subsidiaries because person wishing to comment on the ap­ Assistant Secretary of the Board. plication should submit his views in writ­ of the distances involved and Alabama’s [FR Doc.73-22626 Filed 10-24-73;8:45 am] restrictive branching laws; nor does Ap­ ing to the Secretary, Board of Governors plicant’s entry de novo into the Selma of the Federal Reserve System, Washing­ market appear to be a likely prospect, ton, D.C. 20551, to be received not later FIRST NATIONAL CINCINNATI CORP. since Dallas County’s population has de­ than November 12, 1973. Formation of Bank Holding Co. clined in recent years. Furthermore, Board of Governors of the Federal Re­ based on Bank’s relative size and market serve System, October 18, 1973. First National Cincinnati Corporation, share, it does n ot appear that consum­ Cincinnati, Ohio, has applied for the mation of the proposed transaction [ seal] T heodore E. A lliso n , Board’s approval under section 3(a)(1) would enable Applicant to dominate the Assistant Secretary of the Board. of the Bank Holding Company Act (12 Selma market. On the basis of the rec­ [FR Doc.73-22621 Filed 10-24r-73;8:45 am] ord, the Board considers that consum­ U.S.C. 1842(a)(1)) to become a bank mation of the proposed acquisition would holding company through acquisition of not adversely affect competition in any FIRST BANCORP OF N.H., INC. 100 percent of the voting shares (less di­ relevant area. Acquisition of Bank rectors’ qualifying shares) of the suc­ The financial and managerial re­ cessor by merger to The First National sources as well as the future prospects of First Bancorp of N.H., Inc., Exeter, Applicant, its present subsidiary banks, New Hampshire has applied for the Bank of Cincinnati, Cincinnati, Ohio. and Bank are generally satisfactory and Board’s approval under section 3(a) (3) The factors that are considered in acting consistent with approval. There is no of the Bank Holding Company Act (12 on the application are set forth in section evidence that the major banking needs U.S.C. 1842(a)(3)) to acquire 80 per­ 3(c) of the Act (12 U.S.C. 1842(c)). of the Selma market are going unserved. cent or more of the voting shares of La-, conia Peoples National Bank and Trust The application may be inspected at However, access to Applicant’s greater the office of the Board of Governors or resources will assist Bank in satisfying Company, Laconia, New Hampshire. The the high seasonal loan demands of the factors that are considered in acting on at the Fédéral Reserve Bank of Cleve­ local agricultural industry. Applicant the application are set forth in section land. Any person wishing to comment on will also assist Bank in providing trust 3(c) of the Act (12 U.S.C. 1842(c)). the application should submit his views services. Considerations relating to the The application may be inspected at in writing to the Reserve Bank, to be convenience and needs of the community the office of the Board of Governors or received not later than November 9,1973. are consistent with approval. It is the at the Federal Reserve Bank of Boston. Board’s judgment that consummation Any person Wishing to comment on the Board of Governors of the Federal Re­ serve System, October 18,1973. 1 Banking data are as of December 31, 1972, 2 Voting for this action: Vice Chairman [ seal] T heodore E. Al liso n , adjusted to reflect bolding company acquisi­ Mitchell and Governors Daane, Brimmer, Assistant Secretary of the Board. tions and formations approved through Sep­ Sheehan, Bucher, and Holland. Absent and tember 24,1973T not voting: Chairman Burns. [FR Doc.73-22623 Filed 10-24-73;8:45 am]

FEDERAL REGISTER, V O L 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29538 NOTICES

STATE STREET BOSTON FINANCIAL shall be exercised in cooperation with the Time Topic CORPORATION responsible officers, officials, and em­ zation of the Viking Vehicle Requisition of Bank ployees thereof. b. Report on Evaluation of State Street Boston Financial Cor­ Dated October 16, 1973. Plans for Sterilizing poration, Boston, Massachusetts, has ap­ D w ig h t A. I n k , the Biological Experi­ plied for the Board’s approval under sec­ Acting Administrator of ments of Viking tion 3(a) (3) of the Bank Holding Com­ c. Report on Progress on General Services. Development and Test­ pany Act (12 U.S.C. 1842(a)(3)) to ac­ [FR Doc.73-22709 Filed 10-24-73; 8:45 am] ing o f the Viking quire 100 percent or more of the voting Biological Experiment shares of Chatham Trust Company, Package Chatham, Massachusetts. The factors NATIONAL AERONAUTICS AND d. Report from LSC mem­ that are considered in acting on the ap­ SPACE ADMINISTRATION bers who attended plication are set forth in section 3(c) of the SPAC Applications [Notice 73-81] Committee meeting for the Act (12 U.S.C. 1842(c)). the LSC The application may be inspected at NASA LIFE SCIENCES COMMITTEE (Purpose: Subcommittees the office of the Board of Governors or Meeting have completed technical at the Federal Reserve Bank of Boston. - assessments _-df elements Any person wishing to comment on the The NASA Life Sciences Committee of the work underway or application should submit his views in will meet on November 19-20, 1973, at planned for the Viking writing to the Reserve Bank, to be re­ the Headquarters of the National program and Applica­ ceived not later than November 9, 1973. Aeronautics and Space Administration, tions Committee activi­ Washington, D.C. 20546. The meeting ties. Their reports will be Board of Governors of the Federal Re­ will be held in Room 425 o f Federal O f­ presented to the full com­ serve System, October 18,1973. mittee for discussion and fice Building 10B, 600 Independence Ave­ approval as preparation [ seal] T heodore E. A lliso n , nue SW., W ashington, DC 20546. Mem­ for making appropriate Assistant Secretary of the Board. bers of the public will be admitted to the Life Sciences Commit­ open portion of the meeting beginning tee recommendations to [PR Doc.73-22625 Filed. 10-24-73;8:45 am] at 10:30 a.m., November 19, on the NASA.) agenda below on a first come first served 1630-1715— Status Report on the Inter­ basis up to the seating capacity of the national Exchange of Life INSURED BANKS Sciences Data (Purpose: room which is about 70 persons. This report will summarize Joint Call for Report of Condition The NASA Life Sciences Committee the further activities in co­ C ross R eference.—For a document re­ serves in an advisory capacity only. In operative programs with the garding joint call for report of condition this capacity it is concerned with man in Soviets that have occurred of insured banks, see FR Doc. 73-22667, relation to space travel and habitation, since the last Life Sciences Federal Deposit Insurance Corporation, with exobiology, with other life forms, Committee meeting.) infra. and including: Physiology, behavior, November 20, 1973 clinical aerospace medicine, microbiol­ ogy, radiobiology, biochemistry, nutri­ 0900-1000 __ Life Sciences Research Pay- GENERAI. SERVICES loads Development tion and food technology, biology of a. Report of studies to ADMINISTRATION gravity and rhythms, and biotechnology. identify payload capabil­ [Federal Property Management Regs.; The current Chairman is Dr. Shields ities needed Temporary Reg. F-194] Warren. b. Report o f studies for The following list sets forth the ap­ Life Sciences “spacelab” SECRETARY OF DEFENSE module proved agenda and schedule for the No­ c. Report on development Delegation of Authority vember 19-20, 1973, meeting of the Life of Biomedical Experi­ 1. Purpose.—This regulation delegates Sciences Committee. For further infor­ ments Scientific Satel­ authority to the Secretary of Defense to mation, please contact Dr. -Stanley C. lite (BESS) White: Area Code 202-755-2350. (Purpose: Planning for the represent the consumer interests of the development of the Life Federal Government in a water service November 19, 1973 Sciences research payloads regulatory proceeding. Time Topic for flight on the Space 2. Effective date.—This regulation is 0900-1030— Executive Session (Purpose: Shuttle has reached an effective immediately. A discussion of the Fiscal initial major step of matu­ and Scientific Program rity. A report o f the status 3. Delegation.—a. Pursuant to the au­ Planning for NASA Life Sci­ o f this work will be made to thority vested in me by the Federal Prop­ ences for FY 75 will be con­ the LSC for the purpose of erty and Administrative Services Act of ducted to solicit comments obtaining their comments 1949, 63 Stat. 377, as amended, particu­ from the committee. Under and recommendations for larly sections 201(a)(4) and 205(d) (40 OMB instructions, FY 1975 incorporation into further U.S.C. 481(a) (4) and 486(d)), authority budget information may not development activities.) be disclosed publicly until 1000-1100 __Review o f the Post-Viking is delegated to the Secretary of Defense the budget is submitted to - -Plans for Life Detection on to represent the consumer interests of Congress.) Other Celestial Bodies (Pur­ the executive agencies of the Federal 1030-1230— Skylab Medical Results (Pur­ pose : The Life Sciences Government before the Illinois Com­ pose: A summary of the Committee has been re­ merce Commission in a regulatory pro­ data obtained to date from quested to review this NASA ceeding involving the East St. Louis and the analysis of the results developed plan. The plan Interurban Water Company (Docket No. of medical experiments and will be discussed as the 58487). operations that were con­ initial step in instituting ducted during the 28 day this review.) b. The Secretary of Defense may re- mission of Skylab will be 1100-1145 __ NASA Life Scientist Program delegate this authority to any officer, of-, presented as background for 1973-1974 (Purpose: A ficial, or employee of the Department of data for the committee.) major realignment of the Defense. 1330-1500— Continuation of Report of NASA Life Scientist Pro­ Skylab Medical Results gram is underway. Ap­ c. This authority shall be exercised in 1500-1630— Report of Life Sciences Sub­ proaches under considera­ accordance with the policies, procedures, committees tion will be presented, dis­ and controls prescribed by the General a. Report on Evaluation of cussed and committee com­ Services Administration, and, further, Plans for Heat Sterili- ments solicited.)

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973

i NOTICES 29539

Time Topic Time Topic N o v e m b e r 2,1973 1245-1445 _Ecological Analysis Study 8:45 a jn — * Executive Secretary Report— Time Topic (Purpose: NASA ' research (Purpose: To brief the 8:30 a.m____ Committee Discussions and and flight activities have Committee on recent orga­ Recommendations — (Pur­ potential for Impact on nizational changes in pose: To discuss major ele­ local ecological systems at NASA— Office of Aeronau­ ments presented during the the NASA facilities. NASA Is tics and Space Technology meeting and to recommend seeking LSC advice con­ (OAST) and Research and courses of action to NASA). cerning what studies should Technology Advisory Coun­ 9:30 a.m____ Tour of Major Facilities— be conducted to insure that cil (RTAC) Committee (Purpose: To familiarize this potential impact is de­ structure, introduction of the Committee with major fined. This presentation new members, review of aerodynamic and propulsion will outline the task, and agenda, review of FY 1974 test facilities utilized or request the assistance of the budget allocation and plans, planned to be used in aero­ Life Sciences Committee in and report of NASA action nautical propulsion re­ meeting this problem. on past Committee recom­ search programs). mendations) . 12:30 p.m Adjourn. 1445-1530 __Summary of Results of the 9:15 a m ___ Center Highlight Reports— Dated October 17,1973. Meeting and Assignment of (Purpose: To present a brief Further Work. report on major accomplish - D avid W illiam son , Jr. Dated October 16, 1973. ments in aeronautical pro­ Acting Associate Administrator, pulsion and related research National Aeronautics and D avid W illiam son , Jr., program s). Space Administration. Advanced Technology Trans­ Associate Administrator, Na­ 10:30 a.m ___ [FRDoc.73-22629 Filed 10-24-73;8:45 am] tional Aeronautics and Space port Study—(Purpose: To Administration. report the results from re­ cent studies to determine SECURITIES AND EXCHANGE [FR Doc.73-22630 Filed 10-24-73;8:45 am] the impact of advanced COMMISSION technology on aircraft maintenance, reliability and [811-1262] [Notice 73-80] costs). INCOME TAX FREE REVENUE FUND NASA RESEARCH AND TECHNOLOGY AD­ 11:30 a.m___ Status of Advanced Super­ SERIES 1 sonic Technology (AST) VISORY COUNCIL, COMMITTEE ON Program— (Purpose: To re­ Notice of Proposal To Terminate AERONAUTICAL PROPULSION port on the results of AST Registration Meeting aircraft and engine studies Notice is hereby given that the Com­ and to brief members on The NASA Research and Technology recent restructuring of the mission proposes, pursuant to section Advisory Council, Committee on Aero­ AST program). 8(f) of the Investment Company Act of nautical Propulsion will meet on Octo­ 12:30 p.m — Lunch 1940 (A c t), to declare by order upon its ber 31, and November 1 and 2, 1973, at 1:30 p.m____ Report on Energy Conserva­ own motion that Income Tax Free Reve­ the NASA Ames Research Center, M of­ tion—(Purpose: To deter­ nue Fund, Series 1 (the Fund), c/o Mar­ fett Field, California. The meeting is open mine the impact of limited quette de Bary Co. (Sponsor), 30 Broad to the public and will be held in the petroleum-based fuels on Street, New York, New York 10004, reg­ future aircraft fuel needs, istered under the Act as a unit invest­ Conference Room of the Administration to identify technology re­ Building. Hie seating capacity of the quirements and examine ment trust, has ceased to be an invest­ Conference Room is about 25 persons in­ solutions to the problems). ment company. cluding Committee members and other On May 15, 1964, the Fund registered participants. All visitors must report to November 1, 1973 under the Act by filing a Form N-8A the Ames Research Center receptionist 8:30 a m ___ Pollution Reduction Report— Notification of Registration. On Septem­ in the Administration Building. (Purpose: To review the ber 17,1964, the Fund amended its Form The NASA Research and Technology status and progress of the N-8A, filed a Form N-8B-2 Registration Advisory Council, ConSmittee on Aero­ major elements of the Statement, and filed a Form S-6 Regis­ nautical Propulsion was established to NASA pollution reduction tration Statement under the Securities advise NASA’s senior management in the program ). A ct of 1933 (1933 A ct). areas of aeronautical propulsion research 11:15 a.m__ New Experimental Programs— The Fund has no assets, and no units (Purpose: To brief the of the Fund have ever been issued. On and technology. The Committee studies members on new aeronauti­ issues, pinpoints critical problems, de­ cal experimental programs August 16, 1972, the Fund’s registration termines gaps in needed technology, being considered by NASA, statement under the 1933 Act was or­ points out desirable goals and objectives, but not previously described dered withdrawn upon the request of the summarizes the state-of-the-art, assesses at previous meetings, in­ Fund. The Fund has abandoned any in­ on-going work, and make recommenda­ cluding Advanced Multi­ tention of making a public offering. tions to help NASA plan and carry out stage Compressor, Materials Section 8(f) of the Act provides, in in Advanced Turbine En­ pertinent part, that when the Commis­ an aeronautical propulsion program of gines, and Composite Acous­ greatest benefit to the Nation. There are tic Nacelles). sion, on its own motion, finds that a reg­ 14 members on the Aeronautical Propul­ istered investment company has ceased 12:30 p.m___ Lunch. to be an investment company, it shall so sion Committee. The current Chairman 1:30 p m ____ New Experimental Programs— is Mr. Hillard E. Barrett. declare by order, and, upon the.effective- continued. ness of such order, which may be issued The following list sets forth the ap­ 2:00 p m ____ Propulsion Research and proved agenda and schedule lor the upon the Commission’s own motion Technology Objectives— where appropriate, the registration of meeting. For further information please (Purpose: To describe the contact Mr. Harry W. Johnson, Area such company shall cease to be in effect. Code 202-755-3003. research and technology ob­ Notice is further given that any in­ jectives established for the terested person may, not later than O c t o b e r 31, 1973 aeronautical propulsion dis­ November 12, 1973, at 5:30 p m ., submit Time Topic ciplines) . to the Commission in writing a request 8:30a.m___ Opening Remarks by Center 4:45 p m ____ Quiet Powered Lift Technol­ for a hearing on the matter accompanied Director— (Purpose: To ac­ ogy Program— (Purpose: To quaint the Committee with by a statement as to the nature of his tiie research activities con­ describe the on-going and interest, the reasons for such request, ducted by the Ames Re­ planned NASA powered lift and the issues, if any, of fact or law pro­ search Center). technology programs). posed to be controverted, or he may re-

FEDERAL REGISTER, V O L 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205------12 29540 NOTICES quest that he be notified if the Commis­ plaints in consideration of the purchase [File No. 500-1] sion should order a hearing thereon. Any by Ohio Edison of the electric distribu­ SUITOMAT CORP. such communication should be ad­ tion facilities involved and the refund dressed: Secretary, Securities and Ex­ by Ohio Edison* of certain charges for Notice of Suspension of Trading change Commission, Washington, D.C. electric service. O ctober 16, 1973. 20549.« A copy o f such request shall be The amount to be paid to Enzor for It appearing to the Securities and Ex­ served personally or by mail (airmail if the property to be acquired from him change Commission that the summary the person being served is located more is $12,705, and the amount to be paid suspension of trading in the common than 500 miles from the point of mail­ to Ockenga for the property to be ac­ stock o f Suitomat Corporation being ing) on the Fund at the address stated quired from him is $11,458. Properties traded otherwise than on a national se­ above. Proof of such service (by affidavit, so to be acquired will be recorded on the curities exchange is required in the pub­ or in the case of an attorney at law, by books of Ohio Edison on the basis of their lic interest and for the protection of certificate) shall be filed contemporane­ estimated original costs. investors; ously with the request. As provided by In addition to the above stated pay­ Therefore, pursuant to section 15(c) Rule 0-5 of the rules and regulations ments, the Company has also agreed to (5) of the Securities Exchange Act of promulgated under the Act, an order dis­ make certain payments to the respective 1934, trading in such securities otherwise posing of the matter will be issued as of plaintiff’s representing the estimated than on a national securities exchange course following said date, unless the differences between the amounts that is suspended, for the period from 2:15 Commission thereafter orders a hearing they have paid for electric service and p.m. e.d.t. on October 16, 1973 through upon request or upon the Commission’s the respective amounts which they would October 25, 1973. own motion. Persons who request a hear­ have paid if the city had not made any ing, or advice as to whether a hearing is change in its applicable rates. These By the Commission. ordered, will repeive notice of further amounts are estimated presently to [ seal] G eorge A. F itzsim m on s, developments in this matter, including amount, in the case o f Enzor, to $8,003.41 Secretary. the date of the hearing (if ordered) and through July 16, 1973 and, in the case any postponements thereof. o f Ockenga, to $5,508.14 through July 17, [FR Doc.73-22613 Filed 10-24-73;8:45 am] For the Commission, by the Division 1973. These amounts will increase prior of Investment Management Regulation, to the consummation of the respective SMALL BUSINESS ADMINISTRATION property purchases as additional electric pursuant to delegated authority. [Notice of Disaster Loan Area 1005; service is provided. Arndt. 3] [ seal] G eorge A. F itzsim m o n s, It is stated that no state commission Secretary. and no federal commission, other than PENNSYLVANIA [FR Doc.73-22614 Filed 10-24-73;8:45 am] this Commission; has jurisdiction over Amendment to Notice of Disaster Relief the proposed transactions. Loan Availability [70-5215] Notice is further given that any in­ As a result of the President’s declara­ OHIO EDISON CO. terested person may, not later than No­ tion of the State of Pennsylvania as a vember 12, 1973, request in writing that m ajor disaster area following severe Notice of Filing of Post-Effective Amend­ a hearing be held on such matter, stating storms and Hooding beginning on or ment to Application Regarding Proposed the nature of his interest, the reasons for about June 17, 1973, and amended for Acquisition of Utility Assets such request, and the issues of fact or the severe storms and flooding occurring Notice is hereby given that Ohio Edison law raised by said application, as August 2 and 3, 1973, applications for Company (Ohio E dison), 47 North Main amended by the post-effective amend­ disaster relief loans will be accepted by Street, Akron, Ohio 44308, a registered ment, which he desires to controvert; or the Small Business Administration'from holding company and an electric utility he may request that he be notified if flood victims in the following additional company, has filed with this Commission the Commission should order a hearing county: Montgomery, and adjacent a post-effective amendment to the thereon. Any such request should be ad­ affected areas. (See 38 FR 20510, 38 FR amended application, heretofore filed by dressed: Secretary, Securities and Ex­ 21541 and 38 FR£6983) Ohio Edison in this proceeding pursuant change Commission, Washington, D.C. Applications may be filed at the: 20549. A copy of such request should be to sections 9(a) (1) and 10 of the Pub­ Small Business Administration, Regional lic Utility Holding Company Act of 1935 served personally or by mail (airmail if Office, 1 Decker Square, East Lobby, Suite (Act). All interested persons are referred the person being served is located more 400, Bala Cynwyd, Pennsylvania 19004. to the application, as heretofore amended than 500 miles from the point o f m ail­ and as it is now further amended, sum­ ing) upon the applicant at the above- and at such temporary offices as are es­ marized below, for a complete statement stated address, and proof of service (by tablished. Such addresses will be an­ of the proposed transactions. affidavit or, in the casie of an attorney nounced locally. Applications will be at law, by certificate) should be filed processed under the provisions of Pub. L. By order dated September 22, 1972 93-24. (Holding Company Act Release No. with the request. At any time after said 17703), the Commission authorized the date, the application, as amended by the Applications fo r disaster loans under acquisition by Ohio Edison of certain post-effective amendment, may be grant­ this announcement must be filed not utility properties from the City of Nor­ ed as provided in Rule 23 of the general later than October 23,1973. walk, Ohio. As part of the consideration rules and regulations promulgated under Dated August 29, 1973. for such acquisition, Ohio Edison as­ the: Act, or the Commission may grant exemption from such rules as provided in T homas S. K leppe, sumed the defense of certain actions, Administrator. described below, and agreed to be respon­ Rules 20(a) and 100 thereof or take such sible for any judgments entered therein. other action as it may deem appropriate. [FR Doc.73-22590 Filed 10-24-73:8:45 am] In actions entitled “Richard Enzor Persons who request a hearing or advice d.b.a. Westwood Mobile Estates v. City of as to whether a hearing is ordered will Norwalk” and “John N. Ockenga v. City receive notice of further developments in [Declaration of Disaster Loan Area 1016] this matter, including the date of the of Norwalk”, the plaintiffs are the own­ hearing (if ordered) and any postpone­ UTAH ers of mobile home parks located in the Declaration of Disaster Loan Area City of Norwalk and of the electrical ments thereof. distribution facilities within such parks For the Commission, by the Division of Whereas, it has been reported that and are contesting the propriety and Corporate Regulation, pursuant to dele­ during the month of August 1973, be­ legality of* the rates charged for servic­ gated authority. cause o f the effects o f a certain disaster, ing such facilities. Ohio Edison entered [ seal] G eorge A. F itzsim m o n s, damage resulted to business and residen­ into agreements with each of such plain­ Secretary. tiffs, dated June 4, 1973, providing for tial property located in the State of the settlement and dismissal of the com­ [FR Doc.73-22612 Filed 10-24-73;8:45 am] Utah;

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29541

Whereas, the Small Business Adminis­ not later than noon, Wednesday, Novem­ ings in which they are interested. No tration has investigated and received re­ ber 14, 1973. amendments will be entertained after ports of other investigations of condi­ By order of the Commission. the date of this publication. tions in the areas affected; MC 59856 Sub 49, Salt Creek Freightways; Whereas, after reading and evaluating Issued October 18,1973. and MC 59856 Sub 51, now assigned No­ vember 26, 1973, at Helena, Mont., is post­ reports of such conditions, I find that the [seal] K enneth R. M ason, conditions in such areas constitute a ca­ Secretary. poned to January 14, 1974, at Helena, tastrophe within the purview of the Mont., in a hearing room to be later pma.il Business Act, as amended: [FR Doc.73-22635 Filed 10-24-73;8:45 am] designated. FF-C-52, Darrell J. Sekin & Company, Inc. Now, therefore, as Administrator of and Regional International Services, Inc.— the Small Business Administration, I [AA1921—134/135] Investigation of Operations, now assigned hereby determine that: October 25, 1973, at Dallas, Tex., is post­ 1. Applications for disaster loans un­ PRIMARY LEAD METAL FROM AUSTRALIA poned indefinitely. der the provisions of section 7(b) (1) of AND CANADA MC 32166 Sub 8, Bronaugh Motor Express, the Small Business Act, as amended, may Notice of Investigations and Hearing v Inc., now being assigned hearing November be received and considered by the office, 26, 1973 (1 week), at Lexington, K y„ in a Having received advice from the hearing room to be later designated. below indicated from persons or firms Treasury Department on October 10, and MC 112304 Sub 65, Ace Doran Hauling & whose property situated in Park City, 11, 1973, respectively, that primary lead Rigging Co., now being assigned hearing Summit County, Utah, suffered damage metal from Australia and Canada is be­ December 3, 1973 (1 week), at Columbus, or destruction resulting from a fire of ing, or is likely to be, sold at less than Ohio, in a hearing room to be later undetermined origin on August 27, 1973. fair value, the United States Tariff Com­ designated. Applications will be processed under the mission on October 18, 1973, instituted MC-66121 Sub 28, Indian Bow Truck Lines, provision of Pub. L. 93-24. Ltd., now assigned October 29, 1973, at New investigations Nos. AA1921-134/135 un­ York, N.Y., is canceled and the application O f f ic e der section 201(a) of the Antidumping is dismissed. Small Business Administration, District Of­ Act, 192i, as amended (19 UJS.C. 160 MC-27042 (Sub-No. 120), Hagen, Inc., now fice, 125 South State Street, Salt Lake City, (a )), to determine whether an industry being assigned hearing December 3, 1973, Utah 84111. in the United States is being or is likely at San Francisco, Calif., in a hearing room to be later designated. 2. Applications for disaster loan under to be injured, or is prevented from being established, by reason of the importa­ MC 59185 Deviation 5, Red Star Express Lines the authority of this declaration will not tion of such merchandise into the United of Auburn, Inc., now being assigned hear­ be accepted subsequent to December 10, ing December 10, 1973 (1 week), at Syra­ 1973. States. cuse, N.Y., in a hearing room to be later Hearing.—A public hearing in connec­ designated. Dated October 9,1973. tion with the investigations will be held MC-C-8115, Liquid Transporters, Inc. and in the Tariff Commission's Hearing Robbins Truck Line, Inc.—Investigation of T homas S. K leppe, Room, Tariff Commission Building, 8th Operations and Revocation of Certificates— Administrator. and E. Streets NW, Washington, D.C. now being assigned hearing January 15, [PR Doc.73-22591 Filed 10-24-73:8:45 am] beginning at 10 a.m., Est, on Tuesday, 1974 j[l day), at Louisville, Ky., in a hear­ ing room to be later designated. November 27, 1973. All parties will be MC 116915 Sub 1, Eck Miller Transportation TARIFF COMMISSION given an opportunity to be present, to Corp., now being assigned hearing January produce evidence, and to be heard at such 16, 1974 (3 days), at Louisville, Ky„ in a [AA1921—133] hearing. Requests to appear at the pub­ hearing room to be later designated. METAL PUNCHING MACHINES, SINGLE­ lic hearing should be received by the Sec­ MC 13893 Sub 14, J. W. Ward Transfer, Inc., END TYPE, MANUALLY OPERATED, retary of the Tariff Commission, in writ­ now being assigned hearing January 21, FROM JAPAN ing, at its office in Washington, D.C., not 1974 (1 week), at Louisville, Ky„ in a hearing room to be later designated. Notice of Investigation and Hearing later than noon, Thursday, November 22, No. 35786, Feed Grains to New England, now 1973. Having received advice from the assigned November 27, 1973, * at Boston, Treasury Department on October 10, By order of the Commission. Massachusetts, will be held in Room 1210, Saltonstall Bldg., 100 Cambridge Street. 1973, that metal punching ihachines, Issued October 18,1973. single-end type, manually operated, from Ex Parte No. 252 Sub 1, Incentive Per Diem [ seal] K enneth R. M ason, Charges—1968, continued to October 24, Japan are being, or are likely to be, sold 1973, at the Offices of the Interstate Com­ at less than fair value, the United States Secretary. merce Commission, Washington, D.C. . Tariff Commission" on October 18, 1973, [FR Doc.73-22636 Filed 10-24-73:8:45 am] MC 119619 Sub 43, Distributors Service Co., instituted investigation No. AA1921-133 now being assigned January -14, 1974 (2 under section 201(a) of the Antidumping INTERSTATE COMMERCE days), at Chicago, HI., in a hearing room Act, 1921, as amended (19 U.S.C. 160 to be later designated. (a)), to determine whether an industry COMMISSION MC 138780, Kankakee Automobile Leasing in the United States is being or is likely [Notice 369] Co., now being assigned January 16, 1974 (3 to be injured, or is prevented from be­ days), at Chicago, HI., in a hearing room to ing established, by reason o f the importa­ ASSIGNMENT OF HEARINGS be later designated. tion of such merchandise into the United O ctober 19, 1973. MC119619 Sub 43, Distributors Service Co., States. now being assigned January 21, 1974 (1 Cases assigned for hearing, postpone­ week), at Chicago, HI., in a hearing room Hearing.—A public hearing in connec­ ment, cancellation or oral argument ap­ to be later designated. tion with the investigation will be held pear below and will be published only MC—C-8132, Leonard Bros. Trucking Co., in the Tariff Commission’s Hearing once. This list contains prospective as­ Inc.—Investigation and Revocation of Cer­ Room, Tariff Commission Building, 8th signments only and does not include tificates—now assigned December 3, 1973, and E Streets NW., Washington, D.C. cases previously assigned hearing dates. hearing will be held in Suite 121, Florida 20436, beginning at 10 a.m., Est, on Mon­ The hearings will be on the issues as Public Service Commission, Kroger Exec­ day, November 19, 1973. All parties will presently reflected in the Official Docket utive Center Albany Building, 8400 N.W. be given an opportunity to be present, to of the Commission. An attempt will be 56th Street, Miami, Fla. MC-C-8040, AG Carriers, Inc.—Investigation produce evidence, and to be heard at made to publish notices of cancellation of of Operations and Practices—now assigned such hearing. Requests to appear at the hearings as promptly as possible, but in­ December 5, 1973, hearing will be held in public hearing should be received by the terested parties should take appropriate Suite 121, Florida Public Service Commis­ Secretary of the Tariff Commission, in steps to insure that they are notified of sion, Kroger Executive Center Albany Bldg., writing, at its office in Washington, D.C., cancellation or postponements of hear­ 8400 N.W. 56th Street, Miami, Fla.

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29542 NOTICES

MC-C-7777, Allied Van Lines, Inc.—Investi­ Effective October 16, 1973. standing embargo ordered by the Inter­ gation and Revocation of Certificates—Is state Commerce Commission. continued to November 1, 1973 (1 day), at Expires October 26, 1973. the Offices o f the Interstate Commerce (c) Concurrence of receiving roads to 1 Commission, Washington, D.C. Issued at Washington, D.C., October be obtained. The railroad desiring to di­ MC 51146 Sub 309, Schneider Transport, In c„ 16,1973. vert or reroute traffic under this order .now being assigned hearing December 3, I nterstate C ommerce, shall receive the concurrence of other 1973 (2 days), at Chicago, m., In a hear­ Commission. railroads to which such traffic is to be ing room to be later designated. diverted or rerouted, before the rerout­ MC 107162 Sub 34, Noble Graham Transport, Lew is R. T eeple, Agent. ing or diversion is ordered. Inc., now being assigned hearing Decem­ (d) Notification to shippers. Each car­ ber 5, 1973 (3 days), at Chicago, 111., in a [FR Doc.73-22718 Filed 10-24-73;8:45 am] hearing room to be later designated. rier rerouting cars in accordance with MC-F-11798, H & W Motor Express Com­ this order shall notify each shipper at pany—Purchase—John Scachitti, and MC FOURTH SECTION APPLICATION FOR the time each car is rerouted or diverted 69224 Sub 40, H & W Motor Express Com­ RELIEF and shall furnish to such shipper the pany, now being assigned hearing Decem­ new routing provided under this order. ber 10, 1973 (1 week), at Chicago, 111., in a O ctober 19, 1973. (e) Inasmuch as the diversion or re­ hearing room to be later designated. An application, as summarized below, routing. of traffic is deemed to be due to MC—F—11890, Howard Sober, Inc.— Purchase has been filed requesting relief from the (Portion)—Insured Transporters, Inc„ carrier disability, the rates applicable to now assigned October 23, 1973, at Wash­ requirements of section 4 of the Inter­ traffic diverted or rerouted by said Agent ington, D.C., is postponed to November 29, state Commerce Act to permit common shall be the rates which were applicable 1973, at the Offices o f the Interstate Com­ carriers named or described in the appli­ at the time of shipment on the ship­ merce Commission, Washington, D.C. cation to maintain higher rates and ments as originally routed. MC 105881 Sub 47, M. R. & R. Trucking Co„ charges at intermediate points than (f) In executing the directions of the now being assigned hearing January 14, those sought to be established at more Commission and of such Agent provided 1974 (1 w eek), at Atlanta, Ga., in a hearing distant points. for in this order, thê common carriers room to be later designated. MC 75320 Sub 162, Campbell Sixty-Six Ex­ Protests to the granting of an appli­ involved shall proceed even though no press, Inc., now being assigned hearing cation must be prepared in accordance contracts, agreements, or arrangements January 21, 1974 (2 weeks), at Jackson, with Rule 40 of the general rules of prac­ now exist between them with reference Miss., in a hearing room to be later desig­ tice (49 CFR 1100.40) and filed on or to the divisions of the rates of trans­ nated. before November 9,1973. portation applicable to said traffic. Di­ MC 56679 Sub 66, Brown Transport Carp; MC FSA No. 42762—Ethylene Glycol to visions shall be, during the time this 136155 Sub 2, Gay Trucking Co., Inc,; MC Vee, Ohio. Filed by Southwestern Freight order remains in force, those voluntarily 136230, Interstate Warehousing Corpora­ Bureau, Agent (No. B-445), for inter­ tion; and MC 136285 Sub 3, Southern Inter- agreed upon by and between said car­ modal Logistics, Inc., now assigned Decem­ ested rail carriers. Rates on ethylene gly­ riers; or upon failure of the carriers to ber 3, 1973, at Jacksonville, Fla., will be col, in tank-car loads, from specified so agree, said divisions shall be those held at Jacksonville Hilton Hotel, 565 points in Louisiana and Texas, to Vee, hereafter fixed by the Commission in South Main Street instead of Room 765, Ohio. accordance with pertinent authority, 400 W. Bay Street. Grounds for relief—Market competi­ conferred upon it by the Interstate tion. Commerce Act. [ seal] R obert L. O swald, Tariff—Supplement 28 to Southwest­ Secretary. (g) Effective date. This order shall be­ ern Freight Bureau, Agent, tariff 12-H, come effective at 12:01 a.m., October 15, [FR Doc.73-22725 Filed 10-24-73;8:45 am] I.C.C. No. 5043. Rates are published to 1973. become effective on November 19, 1973. (h ) Expiration date. This order shall [Ex Parte No. 241; Exemption No. 52] By the Commission. expire at 11:59 p,m., August 31, 1974, unless otherwise modified, changed, or EXEMPTION UNDER PROVISIONS OF [ seal] R obert L. O swald, suspended. MANDATORY CAR SERVICE RULES Secretary. It is further ordered, That this order It appearing, that there is an emer­ [FR Doc.73-22716 Filed 10-24-73;8:45 am] shall be served upon the Association of gency movement of military supplies American Railroads, Car Service Di­ from Bynum, Alabama, to Leland, North vision, as agent of all railroads subscrib­ Carolina; that the originating carrier has [Rev. S .0 .994; I.C.C. Order 111 ] ing to the car service and car hire agree­ insufficient system cars of suitable di­ LEMOILLE COUNTY RAILROAD, INC. ment under the terms of that agreement, mensions immediately available for load­ and upon the American Short Line Rail­ ing with this traffic; that sufficient cars Rerouting or Diversion of Traffic road Association; and that it be filed with .of other ownerships having suitable di­ In the opinion of Lewis R. Teeple, the Director, Office of the Federal mensions are available on the lines of the Agent, the Lamoille County Railroad, Register. originating carrier and on its connec­ Inc. is unable to transport traffic over Issued at Washington, D.C., Octo­ tions; and that compliance with Car its line because of track damage. ber 15,1973. Service Rules 1 and 2 would prevent the It is ordered, That: timely assembly and use of such cars. (a) Rerouting traffic. The Lamoille Interstate C ommerce It is ordered, That pursuant to the County Railroad, Inc., being unable to Commission, [ seal] L ew is R. T eeple, authority vested in me by Car Service transport traffic over its line because of Agent. Rule 19, the Car Service Division of the track damage, the connections of the Association of American Railroads is au­ Lamoille County Railroad, Inc. are here­ [FR Doc.73-22720 Filed 10-24-73;8:45 am] thorized to direct thè movement to the by authorized to reroute or divert such traffic via any available route. Traffic Southern Railway Company, the rail­ [Ex Parte No. MC-43] roads designated by the Car Service Di­ necessarily diverted from junctions ap­ vision are authorized to move to, and the plicable via the Lamoille County Rail­ MAISLIN TRANSPORT CORP. ET AL Southern Railway Company is authorized road, Inc. shall be rerouted so as to pre­ Lease and Interchange of Vehicles by to accept, assemble, and load not to ex­ serve the participation and revenues of Motor Carriers ceed sixty-seven (67) empty cars with other carriers provided in the original Order. At a session of the Interstate military supplies from Bynum, Alabama, routing. Commerce Commission, Motor Carrier to Leland, North Carolina, regardless of (b) . Non-application to embargoed Leasing Board, held at its office in Wash­ the provisions of Car Service Rules 1(b), traffic. The provisions of this order shall ington, D.C. on the 9th day of October 2(c), 2(d), or 2(e). not apply to traffic subject to an out­ 1973.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29543

It appearing, that a petition has been seek increases in their intrastate rates dice as between persons and localities in filed by Maislin Transport Ltd (MC- from and to points in Oklahoma corre­ intrastate commerce and those in inter­ 108006), Maislin Transport Corp. (M C - sponding to the permanent increases in state commerce and to remove the unjust 60580), Maislin Bros. Transport (U.S.) interstate rates which were authorized and unreasonably low level of the intra­ Ltd. (MC-30532) and H. P. W elch Co. in Ex Parte No. 281, “Increased Freight state rates in consideration of the serv­ (MC-68917), under common control, for Rates and Charges, 1972,” 341 I.C.C. 288 ices performed; and that so long as the waiver o f paragraphs (a) (3) and (c) o f (decided September 27,1972) ; the 3 per­ intrastate traffic fails to bear the sought § 1057.4 and paragraph (d) o f § 1057.5 cent interim increase authorized by order increases, such failure causes unduevun- of the Lease and Interchange of Vehicles o f August 2, 1973, in pending Ex Parte reasonable, or unjust discrimination Regulations (49 CFR Part 1057) con­ No. 295, “ Increased Freight Rates and against or undue burden on interstate or cerning equipment leased and inter­ Charges, 1973, Nationwide” ; and in the foreign commerce; changed between petitioners; event the Oklahoma Corporation Com­ And it further appearing, that for the It further appearing, that petitioners mission fails to act on the petition filed reason heretofore given, the request to have a complete, join tly administered by petitioners for intrastate increases to increase the intrastate rates to the Ex safety program under a single depart­ offset retirement tax increases within Parte No. 299 level of interstate rates is ment and apply the same standards of the statutory 60-day period to expire premature, and accordingly, there have inspection and maintenance to equip­ October 28,1973, pursuant to the require­ been brought in issue by the said petition ment in accordance with the motor car­ ments of the ^Railroad Retirement Tax matters sufficient to require an investiga­ rier safety regulations o f the U.S. De­ Act of 1973, the interim increase of 1.9 tion into the lawfulness of intrastate partment o f Transportation; percent effective October 1, 1973 and rates and charges made or imposed by It further appearing, that the U.S. 2.6 percent to become effective January 1, the State of Oklahoma solely to the ex­ Department of Transportation reports 1973, authorized in Ex Parte No. 299, “ In ­ tent that they do not reflect the per­ that the safety records of petitioners are creased Freight Rates and Charges to manent increases authorized in Ex Parte in substantial compliance with the reg­ Offset Retirement Tax Increases—1973” No. 281 and the interim increase author­ ulations governing m otor carrier safety (served September 13^ 1973, not printed) ; ized in Ex Parte No. 295; and hazardous materials and offers no It appearing, that the said Oklahoma Wherefore, and good cause appearing objection to granting the petition; Corporation Commission denied peti­ therefor: tioners’ application for increases jn their It is ordered, That the petition be, It is ordered, That waiver of the re­ intrastate rates corresponding to the Ex and it is hereby, partially granted, and quirements o f paragraph (a) (3) and (c) Parte No. 281 interstate increases by Or­ that an investigation be, and it is here­ of § *057.4 as set forth in the first para­ der No. 99695 dated September 6, 1973; by, instituted under sections 13 and 15a graph of this order be, and it is hereby that by tariff supplement filed to become of the Interstate Commerce Act solely to granted, provided that the equipment is effective October 28, 1973, petitioners determine whether the said rates and inspected on the day it is to be leased and sought approval by the Oklahoma Com­ charges of carriers by railroad or any found to meet the requirements of the mission of- an intrastate increase corre­ of them, operating in the State of Okla­ motor carrier safety regulations of the sponding to the interim interstate homa cause or will cause, by reason of U.S. Department of Transportation and increase authorized in Ex Parte No. 295, the failure of such rates and charges to that the petitioners remain in satis­ upon which filing no action has been include the permanent increases author­ factory compliance with those regula­ taken; and that by petition filed Au­ ized in Ex Parte No. 281 and the interim tions and under common con trol; gust 29» 1973, petitioners also sought increase authorized in Ex Parte No. 295, It is further ordered, That the petition approval of intrastate rate increases cor­ any undue or unreasonable advantage, except to the extent granted above, be, responding tQ the interim increases au­ preference or prejudice as between per­ and it is hereby denied because no fur­ thorized by Ex Parte No. 299 to offset sons or locations in intrastate commerce, ther relief has been found to be justified. retirement tax increases, upon which no on the one hand, and those in interstate By the Commission, Motor Carrier action has been taken; or foreign commerce, on the other, or Leasing Board. It further appearing, that, according, any unjust discrimination against or to petitioners, the revenue need shown undue burden on interstate or foreign [seal] R obert L. O swald, by the carriers in Ex Parte Nos. 281 and commerce; and to determine what Secretary. 295 exists nationwide in connection with rates and charges, if any, or what maxi­ [FR Doc.73-22715 Filed 10-24-73;8:45 am] both interstate and intrastate traffic; mum, or minimum, or maximum and that interstate and intrastate traffic are minimum rates and charges shall be generally commingled and handled in the prescribed to remove the unlawful ad­ [No. 35908] same trains moving from, to, and be­ vantage, preference, discrimination, or OKLAHOMA INTRASTATE FREIGHT RATES tween points in Oklahoma; that the cost undue burden, if any, that may be found AND CHARGES, 1973 of intrastate operations within Okla­ to exist; and the said petition be, and it homa is as great as the cost of interstate Order. At a session of the Interstate is hereby denied in all other respects. operations therein; and that transpor­ It is further ordered, That all carriers Commerce Commission, Division 2, held tation conditions surrounding Oklahoma at its office in Washington, D.C., on the by railroad operating within the State intrastate movements are no more favor­ of Oklahoma subject to the jurisdiction 16th day of October 1973. able than those surrounding the move­ of this Commission be, and they are By joint petition filed October 9, 1973, ment of interstate traffic; hereby, made respondents in this pro­ under the provisions of sections 13 and It further appearing, that petitioners ceeding. 15a(2) of the Interstate Commerce Act, allege that the rates and charges on in­ It is further ordered, That all persons petitioners, common carriers by railroad trastate traffic in Oklahoma fail to pro­ who'wish actively to participate in this operating in the State of Oklahoma,1 duce sufficient revenue for operation and proceeding and to file and receive copies maintenance of an adequate transporta­ of pleadings shall make known that fact 1 The Arkansas Western Railway Company; tion service at the lowest cost consistent by notifying the Office of Proceedings, Tke Atchison, Topeka and Santa Fe Railway with furnishing such service under hon­ Room 5342, Interstate Commerce Com­ Company; Beaver, Meade and Englewood Railroad Company; Chicago, Rock Island and est, economical and efficient manage­ mission, in writing on or before Novem­ Pacific Railroad Company; Fort Smith and ment; and fail to yield a fair return on ber 12, 1973. Although individual par­ Van Buren Railway Company; Hollis & East­ the value of petitioners’ property, result­ ticipation is not precluded, to conserve ern Railroad Company; The Kansas City ing in substantial revenue losses; time and to avoid unnecessary expense, Southern Railway Company; Missouri- It further appearing, that petitioners persons having common interests should Kansas-Texas Railroad Company; Missouri allege that since the sought increases endeavor to consolidate their presenta­ Pacific Railroad Company; St. Louis-San have already been found reasonable for Francisco Railway Company; Sand Springs application on interstate traffic, they are tions to the greatest extent possible. The Railway Company; Texas, Oklahoma & East­ Commission desires participation only of ern Railroad Company; The Texas and Pa­ necessary also for application on intra­ cific Railway Company; and Tulsa-Sapulpa state traffic to eliminate existing undue those who intend to take an active part union Railway Company. . and unreasonable advantage and preju­ in the proceeding.

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29544 NOTICES

It is further ordered, That as soon as from approval of its application) to op­ noted, each applicant states that there practicable after the date for indicating erate over deviation routes for operat­ will be no significant effect on the quality a desire to participate in the proceeding ing convenience only have been filed of the human environment resulting has passed, the Commission will serve with the Interstate Commerce Commis­ from approval of its application) to a list of the names and addresses of all sion under the Commission’s Revised operate over deviation routes for operat­ persons upon whom service of all plead­ Deviation Rules—Motor Carriers of Pas­ ing convenience only have been filed with ings must be made. sengers, 1969 (49 CFR 1042.2(c) (9)) and the Interstate Commerce Commission It is further ordered, That a copy of notice thereof to all interested persons under the Commission’s Revised Devia­ this order be served upon each of the is hereby given as provided in such rules tion Rules—Motor Carriers of Property, said petitioners; that the State of Okla­ (49 CFR 1042.2(0 (9) ). 1969 (49 CFR 1042.4(c) (I D ) and notice homa be notified of the proceeding by. Protests against the use of any pro­ thereof to all interested persons is hereby sending copies of this order and of said posed deviation route herein described given as provided in such rules (49 CFR petition by certified mail to the Governor may be filed with the Interstate Com­ 1042.4(0 (ID ). of Oklahoma and to the Oklahoma Cor­ merce Commission in the manner and Protests against the use of any pro­ poration Commission, Oklahoma City, form provided in such rules <49 CFR posed^ deviation route herein described Okla.; and that further notice of this 1042.2(c)(9)) at any time, but will not may be filed with the Interstate Com­ proceeding be given to the public by de­ operate to stay commencement of the merce Commission in the manner and positing a copy of this order in the office proposed operations unless filed on or form provided in such rules (49 CFR of the Secretary of the Commission at before November 26, 1973. 1042.4(c) (12)) at any time, but will not Washington, D.C., and by filing a copy Successively filed letter-notices of the operate to stay commencement of the with the Director, Office of the Federal same carrier under the Commission’s Re­ proposed operations unless filed on or be­ Register, for publication therein. vised Deviation Rules—Motor Carriers fore November 26,1973. And it is further ordered, That this of Property, 1969, will be numbered con­ Successively filed -letter-notices of the proceeding be assigned for hearing as secutively for convenience in identifica­ same carrier under the Commission’s may hereafter be designated. tion and protests, if any, should refer Revised Deviation Rules—Motor Car­ This decision is not a major Federal to such letter-notices by number. riers of Property, 1969, will be numbered consecutively for convenience in identifi­ action significantly affecting the quality Motor Carriers of Passengers of the human environment within the cation and protests, if any, should refer meaning of the National Environmental No. MC-109736 (Deviation No. 8), to such letter-notices by number. CAPITOL BUS COMPANY, 1061 S. Motor Carriers of Property Policy Act of 1969. Cameron Street, Harrisburg, Pa. 17104, By the Commission, Division 2. filed October 9,1973. Carrier’s represent­ No. MC-2202 (Deviation No. 121), [seal! R obert L. Oswald, ative: S. Berne Smith, P.O. Box 1166, ROADWAY EXPRESS, INC., P.O; Box Secretary. Harrisburg, Pa. 17108. Carrier proposes 471, Akron, Ohio 44309, filed October 15, to operate as a common carrier, by motor 1973. Carrier proposes to operate as a [FR D o c .7 3 -2 2 7 1 9 Filed 10-24-73;8:45 am] vehicle, of passengers and their baggage, common carrier, by motor vehicle, of and express and newspapers in the same general commodities, with certain excep­ [Rev. S.O. 994; I.C.C. Order 79-A] vehicle with passengers, over deviation tions, over a deviation route as follows: routes as follow: (1) from Harrisburg, From Round Rock, Tex., over U.S. High­ ST. JOHNSBURY & LAMOILLE COUNTY Pa., over Interstate Highway 83 to junc­ way 79 to Greenwood, La., and return RAILROAD tion Interstate Highway 283, thence over over the same route, for operating con­ Rerouting or Diversion of Traffic Interstate Highway 283 to junction venience only. The notice indicates that Upon further consideration of I.C.C. Pennsylvania Highway 283, thence over the carrier is presently authorized to Order No. 79 (St. Johnsbury & Lamoille Pennsylvania Highway 283 to junction transport the same commodities over a County Railroad) and good cause ap­ Pennsylvania Highway 230, with the fo l­ pertinent service route as follows: From pearing therefor: lowing access routes: (a) from Highspire, Round Rock, Tex., over U.S. Highway Pa., over unnumbered highway (Eisen­ 81 to Hillsboro, Tex., thence over U.S. It is ordered, That: hower Boulevard) to junction Interstate Highway 77 to Dallas, Tex., thence over I.C.C. Order No. 79, be, and it is hereby, Highway 283, and (b) from Middletown, U.S. Highway 80 to Greenwood, La., and vacated and set aside. Pa., over unnumbered highway to junc­ return over the same route. It is further ordered, That this order tion Pennsylvania Highway 283 north of shall be served upon the Association of Middletown, and (2) from junction No. MC-29910 (Deviation No. 28), American Railroads, Car Service Divi­ Pennsylvania Highway 283 and Pennsyl­ ARKANSAS-BEST FREIGHT SYSTEM, sion, as agent of all railroads subscribing vania Highway 72 over Pennsylvania INC., 301 S. 11th Street, Fort Smith, to the car service and car hire agreement Highway ,72 to Lancaster, Pa., and return Arkansas 72901, filed October 12, 1973. under the terms of that agreement, and over the same routes, for operating con­ Carrier proposes to operate as a common upon the American Short Line Railroad venience only. The notice indicates that carrier, by motor vehicle, of general Association; and that it be filed with the commodities, with certain exceptions the carrier is presently authorized to over a deviation route as follows: From Director, Office of the Federal Register. transport passengers and the same prop­ St. Louis, Mo., over U.S. Highway 67 to Issued at Washington, D.C., Octo­ erty over a pertinent service route as follows: From Harrisburg, Pa., over U.S. Little Rock, Ark., thence over Interstate ber 15,1973. Highway 30 to junction U.S. Highway 59 I nterstate C ommerce Highway 230 to junction U.S. Highway 222, thence over U.S. Highway 222 to near Texarkana, Ark., thence over U.S. C o m m issio n , Highway 59 to junction Texas Highway [ seal] L e w is R . T eeple, Lancaster, Pa., and return over the same route. 43 near Marshall, Tex., thence over Texas Agent. Highway 43 to junction U.S. Highway [PR Doc.73-22717 Filed 10-24r-73;8:45 am] By the Commission. 79 near Henderson, Tex., thence over [seal] R obert L. Oswald, U.S. Highway 79 to junction Interstate Secretary. Highway 35 near Round Rock, Tex., [Notice 21] [PR Doc.73-22722 PUed 10-24-73;8:45 am] thence over Interstate Highway 35 to MOTOR CARRIER ALTERNATE ROUTE San Antonio, Tex., and return over the DEVIATION NOTICES same route, for operating convenience [Notice 33] only. The notice indicates that the car­ October 19, 1973. MOTOR CARRIER ALTERNATE ROUTE rier is presently authorized to transport The following letter-notices of pro­ DEVIATION NOTICES the same commodities over pertinent posals (except as otherwise specifically October 19,1973. service routes as follows: (1) From St. noted, each applicant states that there Louis, Mo., over U.S. Highway 66 to will be no significant effect on the quality The following letter-notices of pro­ of the human environment resulting posals (except as otherwise specifically Vinita, Okla., thence over U.S. Highway

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29545

69 to junction U.S. Highway 75, thence son and Fenton Townships, Broome scriptions, restrictions, or limitations over U.S. Highway 75 to Dallas, Tex., County, N.Y., and all intermediate points which are not in a form acceptable to and (2) . From Dallas, Tex., over Texas between Ithaca and Binghamton, IST.Y., the Commission. Authority which ulti­ Highway 342 to junction U.S. Highway and return over the same routes. mately may be granted as a result of the 77, thence over U.S. Highway 77 to W aco, No. MC-75320 (Deviation No. 42), applications here noticed will not neces­ Tex., thence over U.S. Highway 81 to San CAMPBELL “66” EXPRESS, INC., P.O. sarily reflect the phraseology set forth in Antonio, Tex., and return over the same Box 807, Springfield, Missouri 65801, the application as filed, but also will routes. The service authorized is re­ filed October 5, 1973. Carrier proposes eliminate any restrictions which are not stricted to traffic moving between San to operate as a common carrier, by motor acceptable by the Commission. Antonio, Waco, Austin, Houston, and vehicle, of general commodities, with M otor C arriers of P roperty Forth Worth, Tex., on the one hand, certain exceptions, over a deviation and, on the other, St. Louis, Mo., and No. MC 113545 (Sub-No. 7) (REPUB­ route as follows: From Kansas City, Mo., LICATION), of petition filed March 1, specified points in Indiana, Illinois, and over Interstate Highway 35 to junction Ohio. 1973, published in the F ederal R egister U.S. Highway 36, thence over U.S. High­ issue o f March 21, 1973, and republished No. MC-59583 (Deviation No. 46), way 36 to Springfield, HI., and return this issue. Applicant: CORMETT FOR­ THE MASON AND DIXON LINES, INC., over the same route, for operating con­ WARDING CO., INC., 19th Street and P.O. Box 969, Kingsport, Tennessee 37662, venience only. The notice indicates that Park Avenue, P.O. Box 3057, Weehawken filed October 11, 1973. Carrier proposes the carrier is presently authorized to Branch, Union City, N.J. 07087. Appli­ to operate as a common carrier, by motor transport the same commodities over a cant’s representative: Morton E. Kiel, 5 vehicle, of general commodities, with cer­ pertinent service route as follows: From W orld Trade Center, Suite 6193, New tain exceptions, over a deviation route as Springfield, 111., over U.S. Highway 66 York, N.Y. 10048. An Order of the Com­ follows: From Shamokin Dam, Pa., over to St. Louis, Mo. (or its commercial mission, Review Board Number 2, dated U.S. Highway 15 to Springwater, N.Y., zone), thence over U.S. Highway 40 to September 25, 1973, and served O cto­ thence over New York Highway 15A to junction Missouri Highway 13, thence ber 12, 1973, finds that m odification o f Rochester, N.Y., and return over the over Missouri Highway 13 to Warrens- Permit No. M C-113545 (Sub-No. 7 ), is­ same route, for operating convenience burg, Mo., thence over U.S. Highway 50 sued January 15, 1968, is required (1) to only. The notice indicates that the car­ to Kansas City, Mo., and return over authorize petitioner to provide service rier is presently authorized to transport the same route. under a continuing contract or contracts the same commodities over pertinent No.' MC-75320 (Deviation No. 43), with New England Nuclear Corporation, service routes as follow : (1) From Bris­ CAMPBELL “66” EXPRESS, INC., P.O. of North Billerica, Mass., and (2) to tol, Tenn., over U.S. Highway 11 to Har­ Box 807, Springfield, Missouri 65801, delete the figure and word “ 10 pounds” risburg, Pa., thence over U.S. Highway filed October 9, 1973. Carrier proposes to from where they appear in said permit 22 to junction New Jersey Highway 28, operate as a common carrier, by m otor and in lieu thereof substitute the figure thence over New Jersey Highway 28 to vehicle, of general commodities, with cer­ and word “40 pounds” ; such that service junction New Jersey Highway 439, thence tain exceptions, over a deviation route is authorized for operation by applicant, over New Jersey Highway 439 to New as follows: From Jefferson City, Mo., in interstate or foreign commerce, as a York, N.Y., serving all intermediate over U.S. Highway 54 to junction U.S. contract carrier by motor vehicle, over points and the off-route points of Gate Highway 36, thence over U.S. Highway irregular routes, of radiopharmaceuti­ City, Glasgow, Shenandoah, and Front 36 to Springfield, 111., and return over cals, and medical isotopes, from Newark Royal, Va., High Bridge, N.J., and points the same route, for operating conven­ Airport in Newark, N.J., and La Guardia in Hudson, Essex, Bergen, Passaic, Union, ience only. The notice indicates that the and Kennedy Airports in New York, N.Y., and Middlesex Counties, N.J., and points carrier is presently authorized to trans­ to points in Bergen, Passaic, Sussex, in the New York, N.Y., Commercial Zone, port the same commodities over a per­ Warrent, Morris, Essex, Hudson, Union, (2) from Harrisburg, Pa., over Peiinsyl- tinent service route as follows: From Middlesex, Somerset, Hunterdon, Mercer, vania Highway 147 to Clarks Ferry, Springfield, 111., over U.S. Highway 66 Monmouth, and Ocean Counties, N.J., Pa., thence a cross the Susquehanna to St. Louis, Mo. (or its commercial New York, N.Y., and points in Nassau, River to Juniata Bridge, thence over U.S. zone), thence over U.S. Highway 50 to Suffolk, Westchester, Rockland, Orange, Highway 11 to Scranton, Pa., thence Jefferson City, Mo., and return over the Ulster, Sullivan, Putnam, and Dutchess over U.S. Highway 611 to Philadelphia, same route. Counties, N.Y., and Fairfield County, Pa., serving- all intermediate points, (3) By the Commission. Conn., restricted to the transportation from Binghamton, N.Y., over U.S. High­ of traffic having an immediately prior way 11 via Clarks Summit and West [ seal] R obert L. O sw ald, movement by air and restricted against Pittston, Pa., to Kingston, Pa., thence Secretary. the transportation of packages or articles over Pennsylvania Highway 115 to [PR Doc.73-22723 Piled 10-24-73:8:45 am] weighing in the aggregate more than 40 Wilkes-Barre, Pa., serving the intermedi­ pounds from one consignor to one con­ ate and off-route points o f Hop Bottom, signee on any one day, under a continu­ Nicholson, Clarks Summit, Scranton, [Notice 83] ing contract or contracts with Abbott Pittston, Kingston, Tunkannack, Plym­ Laboratories, of North Chicago, HI., and outh, Old Forge, Luzerne, Mantiooke, and MOTOR CARRIER APPLICATIONS AND CERTAIN OTHER PROCEEDINGS New England Nuclear Corporation, of Dunmore, Pa., and those in Dickinson North Billerica, Mass.; this permit and Fenton Townships, Broome County, O ctober 19,1973. should have no further force and effect N.Y., and (4) from Buffalo, N.Y., over The following publications (except as after January 15, 1978; that the opera­ New York Highway 33 to Rochester, N.Y., otherwise specifically noted, each ap­ tions conducted under the modified per­ thence over New York Highway 96 to plicant (on applications filed after March mit will be consistent with the public junction New York Highway 332, thence 27, 1972) states that there will be no interest and the national transportation’ over New York Highway 332 to Canan­ significant effect on the quality of the policy; that applicant is fit, willing, and daigua, N.Y., thence over U.S. Highway human environment resulting from ap­ able properly to perform such service and 20 to Geneva, N.Y., thence over New proval of its application) are governed to conform to the requirements of the York Highway 96A to Ovid, N.Y., thence by the new Special Rule 1100.247 of the Interstate Commerce Act and the Com­ over New York Highway 96 to Owego, Commission’s Rules of Practice, pub­ mission’s rules and regulations there­ N.Y., thence over New York Highway 17 lished in the F ederal R egister, issue of under. Because it is possible that other to Binghamton, N.Y., serving the inter­ December 3,1963, which became effective parties who have relied upon the notice mediate and off-route points of Elmira, of the application as published, may have and Oswego, Batavia, Rochester, Canan­ January 1, 1964. an interest in and would be prejudiced daigua, Geneva, Ithaca, Niagara Falls,- The publications hereinafter set forth by the lack of proper notice of the au­ Tonawanda, North Tonawanda, and reflect the scope of the applications as thority described above, issuance of a North Collins, N.Y., those in Dickin­ filed by applicant, and may include de­ permit in this proceeding will be with-

FEDERAL REGISTER. VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29546 NOTICES held for a period of 30 days from the service to be performed under a continu­ inal and six copies of his written repre­ date of this publication of the authority ing contract or contracts with Ohio sentations, views, or arguments in sup­ actually granted, during which period Match Company. Any interested person port of or against the petition on or be­ any proper party in interest may file an or persons desiring to participate may file fore November 26, 1973 in the F e d e r a l appropriate petition for intervention or an original and six copies of his written R egister. other relief in this proceeding setting representations, views, or arguments in No. MC 134454 (Sub-No. 1) (notice of forth in detail the precise manner in support of or against the petition on or filing of petition for modification of per­ which it has been so prejudiced. before November 26, 1973 in the F ederal mit) , filed September 7,1973. Petitioner: N o.' MC 138656 (REPUBLICATION), R egister. PRICE DELIVERY SERVICE, INC., 367 filed April 12, 1973, published in the F ed­ No. MC 126162 (notice of filing of peti­ W est 2d Street, Dayton, Ohio 45401. Peti­ eral R egister issue o f June 21, 1973, and tion for removal of restrictions), filed tioner’s representative: Paul F. Beery, republished this issue. Applicant: WTB October 4, 1973. Petitioner: HUFFORD 88 East Broad Street, Suite 1660, Colum­ TRUCKING, 3775 North Thirty-Sixth & SONS, INC., Box 385, Goshen, Ind. bus, Ohio 43215. Petitioner presently Avenue, Phoenix, Ariz. 85019. Applicant’s 46526. Petitioner’s representative: Alki holds a contract carrier“ certificate in representative: Eldon M. Johnson, 650 E. Scopelitis, 815 Merchants Bank Build­ (No. MC-134454 Sub-No. 1) issued California Street, Suite 2808, San Fran­ ing, Indianapolis, Ind. 46204. Petitioner May 7, 1971, authorizing transportation, cisco, Calif. 94108. An Order of the Com­ presently holds a motor contract carrier by motor vehicle, over irregular routes, of mission, Operating Rights Board, dated permit in No. MC 126162 issued June 14, Concrete products (except commodities September 25, 1973, and served Octo­ 1971, authorizing transportation, over ir­ in bu lk ), pipe fittings, and materials, and ber 3, 1973, finds that operation by ap­ regular routes, of Fertilizer and fertilizer supplies incidental to the manufacture of plicant, in interstate or foreign com­ materials, dry, in bags, and in bulk (ex­ concrete products ' (except commodities merce, as a contract carrier by motor cept in dump vehicles), (a) from In­ in bulk), between the plantsites of Price vehicle, over irregular routes, of insulat­ dianapolis, Ind., to points in that part of Brothers Company in Montgomery, ing materials, (1) between points in Illinois south of U.S. Highway 40, Ken­ Wyandot, Franklin, Muskingum, Lorain, Arizona and Nevada; and (2) from points tucky, in the Lower Peninsula of Michi­ Stark, and Portage Counties, Ohio, on in California to points in Arizona and gan, and points in Ohio (except Ashta­ the one hand, and, on the other St. Nevada, under a continuing contract or bula, Cuyahoga, Lake, Summit, Muskin­ Louis, Mo., and points in Indiana, Ken­ contracts with Williams Insulation Co., gum, Licking, Franklin, and Wayne tucky, Pennsylvania, New York, West Inc., of Phoenix, Ariz., and its subsidi­ Counties); and (b) from Streator, HI., Virginia, and Michigan. By the instant aries, will be consistent with the public to points in Indiana, and Shipments on petition, petitioner seeks to add a terri­ interest and the national transportation return for reprocessing, from the respec­ torial description to the above authority: policy; that applicant is fit, willing, and tive above-described destination points Between points on and east of a line be­ able properly to perform such service and to their respective origin points. Restric­ ginning at the international boundary to conform to the requirements of the tion: The operations authorized herein line between the United States and the Interstate Commerce Act and the Com­ are limited to a transportation service to Republic of Mexico; thence north on mission’s rules and regulations there­ be performed under a continuing con­ . Interstate Highway 25 (near El Paso), under. Because it is possible that other tract, or contracts, with Smith-Douglas to the intersection of Interstate High­ parties who have relied upon the notice Company, Incorporated. By the instant way 25 and Interstate Highway 80; of the application as published, may have petition, petitioner seeks removal of the thence east along Interstate Highway 80 an interest in and would be prejudiced restriction, (except in dump vehicles) to the intersection of Interstate High­ by the lack of proper notice of the au­ and also the term, “in bags, and in bulk”. way 80 and Interstate Highway 29; thority described above, issuance of a The commodity would read: “Dry fer­ thence north on Interstate Highway 29 to permit in this proceeding will be with­ tilizer and dry fertilizer mateirals.” Any the international boundary line between held on or before November 26, 1973 o f interested person or persons desiring to the United States and Canada, restricted the authority actually granted, during participate may file an original and six to the transportation of shipments hav­ which period any proper party in inter­ copies of his written representations, ing an immediately prior or subsequent est may file an appropriate petition for views, or arguments in support of or movement by water or rail, and limited intervention or other relief in this pro­ against the petition on or before Novem­ to a transportation service to be per­ ceeding setting forth in detail the pre­ ber 26,1973 in the F ederal R egister. formed under a continuing contract dr cise manner in which it has been so contracts with Price Brothers Company prejudiced. No. MC 129863 (Sub-No. 5) (notice of o f Dayton. Ohio. Any interested person filing of petition for modification of per­ No. MC 107654 (Notice of filing o f peti­ or persons desiring to participate may m it), filed September 24, 1973. Peti­ file an original and six copies of his writ­ tion for modification of permit), filed tioner: FREDERICK L. BULTMAN, October 1, 1973. Petitioner: GLENN E. ten representations, views, or arguments INC., 11144 West Silver Spring Drive, in support of or against the petition on TRIPP, doing business as SPECIAL Milwaukee, Wis. 53225. Petitioner’s rep­ or before November 26, 1973 in the F ed­ SERVICE, 760 Lindenwood Lane, Me­ resentative: Richard C. Alexander, 710 dina, Ohio 44256. Petitioner’s representa­ North Plankinton Avenue, Milwaukee, eral R egister. tive: Paul F. Beery, 88 East Broad Street, Wis. 53203. Petitioner presently holds a Application (s) for Certificates or Per­ Columbus, Ohio 43215. Petitioner pres­ m otor contract carrier permit in No. MC mits W hich Are T o Be Processed Con­ ently holds a motor contract carrier per­ 129863 (Sub-No. 5) issued June 29, 1970, currently W ith Applications Under mit in No. MC 107654 issued May 20,1947, authorizing transportation, over irregu­ Section 5 Governed by Special R ule authorizing as pertinent, transportation, lar routes, of Carpets, carpet cushions, 240 to the Extent Applicable by motor vehicle, over irregular routes, of unfinished carpet and industrial textile No. MC 99565 (Sub-No. 11), filed Sep­ M atches, from Wadsworth, Ohio, to Buf­ products, and materials used in the man­ tember 5, 1973. Applicant: FORE WAY falo, Dunkirk, Niagara Falls, and James­ ufacture of carpets and carpet cushions, EXPRESS, INC., 204 South Beilis Street, town, N.Y., and Erie, Oil City, Sharon, between Milwaukee, Wis., on the one Wausau, Wis. 54401. Applicant’s repre­ and Warren, Pa., with no transportation hand, and, on the other, the plantsites sentative: Francis W. Mclnemy, 1000 for compensation on return except as and warehouse facilities of the Ozite Sixteenth Street, NW„ Washington, D.C. otherwise authorized, under a continuing Corporation at Libertyville, 111., under a 20036. Authority sought to operate as a contract, or contracts, with Ohio Match continuing contract or contracts with common carrier, by motor vehicle, over Company. By the instant petition, peti­ Ozite Corporation. By the instant peti­ irregular routes, transporting: General tioner seeks to extend the above de­ tion, petitioner seeks to modify its per­ commodities, description of the transpor­ scribed authority to include the trans­ mit by substituting “Lake County, HI.,” tation service authorized to be conducted portation of M atches, from Wadsworth, in lieu of Libertyville, HI., as a destina­ Ohio, to points in Pennsylvania, Mary­ tion point in the authority described solely within the State of W isconsin in land, New Jersey, New York, and Con­ above. Any interested person or persons the area as described below: 41 between necticut, limited to a transportation desiring to participate may file an orig­ Milwaukee and 45 north of Oshkosh, 175

FEDERAL REGISTER, VOL. 38, NO. 205-r-THURSDAY, OCTOBER 25, 1973 NOTICES 29547 between Oshkosh and Fond du Lac, 45 Oshkosh and Milwaukee; (5) no local This is a matter directly related to the Sec­ single-line service between Marion and tion 5 purchase proceeding in No. MC-F— between No. Jet. with 145 and Antigo, 145 11984, published in the F ederal R egister between No. Jet. with 45 and Milwaukee, points intermediate to Marion and Osh­ issue o f September 19, 1973. If a hearing is 76 between Appleton and southern Jet. kosh, on the one hand, and, on the other deemed necessary, applicant requests it be with 45 and between No. Jet. with 45 and hand, points south of Oshkosh except held at Washington, D.C. Fond du Lac, West Bend, and Milwaukee; Bear Creek, 16 between the city of M il­ No. MC 112713 (Sub-No. 155), filed waukee and the west boundary o f M il­ (6) no local single-line service between Green Bay, on the one hand, and, on the September 18,1973. Applicant: YELLOW waukee County, 74 between Menomonee FREIGHT BYSTEM, INC., P.O. Box 7270, Falls and 164 164, between 74 and other hand, Bear Creek, Bear Creek Corners, Sugar Bush, New London, and 10990 Roe Avenue, Shawnee Mission, Waukesha, 18 between Milwaukee and Kans. 66207. Applicant’s representative: Waukesha, 156 between Shawano County Hortonville; (7) no local single-line serv­ ice between Green Bay, and points inter­ Allan Zuckerman, 39 South La Salle W and Clintonville, 47 between Shawano Street, Chicago, 111. 60603. Authority and 45, 29 between Green Bay and Wau­ mediate to Green Bay and Shawano on highway 29 and points intermediate to sought to operate as a common carrier, sau, 52 between Wausau and 45, 22 be­ by motor vehicle, over regular and ir­ tween Clintonville and Shawano, 55 be­ Green Bay and Clintonville on highways 29, 156, and Shawano County W, on the regular routes, transporting: General tween Fond du Lac and Kaukauna, 151 commodities (except those of unusual between Manitowoc and 55, 10 between one hand, and Milwaukee and points intermediate to Milwaukee and Green­ value, Classes A and B explosives, live­ Appleton and Manitowoc, 148 between stock, household goods as defined by the 151 and Manitowoc County JJ, 32 be­ ville on highways 45, 145, and 76, on the other hand; ( ) no local intrastate serv­ Commission, commodities in bulk, and tween Howards Grove and Reedsville, 8 those requiring special equipment) (A) 114 between Brillion and Menasha, 23 ice between the junction of highways REGULAR ROUTE: Between Athlone between Plymouth and Sheboygan Falls, 114 and 57 and Kohler, or any point in­ and Chico, Calif.: From Athlone over 28 between Sheboygan Falls and She­ termediate to said junction and Kohler; California Highway 99 to Chico, and re­ boygan, 96 between 47 and Eaukauna, 47 (9) no local intrastate service between turn over the same route, serving all between Meenah and 96,42 between She­ Sheboygan, on the one hand, and, on the intermediate points, and the off-route boygan and Howards Grove, 149 between other hand, the following points: (a) points in Butte, Contra Costa, Merced, Kiel and Calumet County H. Washing­ Chilton and (b) Any point intermediate Sacramento, San Joaquin, Solano, ton County Y between 175 and 145, to Chilton and Sheboygan except points Stanislaus, Sutter, Yolo, and Yuba Coun­ Waupaca County F and G between on highway 57 south of Kiel and north of ties, Calif.; and (B) IRREGULAR Marion and Big Falls, Shawano County Plymouth; (10) no local intrastate serv­ ROUTES: between points in the San Z between Aniwa and Matoon, Town ice between: (a) Forest Junction; (b) Francisco Territory hereinafter de­ Roads between Elmhurst and junction Reedsville; (c) Points on highway 10 in­ scribed, on the one hand, and, on the with 45, Shawano County M between its termediate to Forest Junction and other, points in the counties described junction with 45 and Shawano, Shawano Reedsville; (d) Hilbert; and (e) Points above: The San Francisco Territory in­ County U between its junction with 29 on highway 114 intermediate to Brillion cludes all the city of San Jose and that and Gresham, Langlade County S and and Hilbert, on the one hand, and, area embraced by the following bound­ Langlade, Shawano, and Waupaca on the other hand, any points on ary: Beginning at the point the San County D between Phlox and Clinton­ said route on highways 57, 23, or 28 Francisco-San Mateo County boundary ville, Shawno County W between Pitts­ south of the junction of highways 114 line meets the Pacific Ocean; thence field and its junction with 156, Town and 57 and west of Sheboygan; (11) serv­ easterly along said boundary line to a road between its junction with 29 and ice authorized to Dundee is to be ren­ point 1 mile west of U.S. Highway 101; Leopolis, Town road between its junction dered only between railroad depots, with southerly along an imaginary line 1 mile with 29 and Shawano County G, Lan­ no lockup and delivery service for con­ west of pralleling U.S. Highway 101 to its glade County D between its northern signors or consignees, the movement to intersection with Southern Pacific Com­ junction with 47 and its junction with be made wholly upon railroad bill of lad­ pany right of way at Arastradero Road; Langlade County S near Phlox, Shawano ing; ( 12) no service may be performed at southeasterly along the Southern Pacific County G between its junctions with 45 points on 42 or 32 at points intermediate Company right of way to Pollard Road, and 47, Shawano County A between to Sheboygan and Kiel or intermediate to including industries served by the South­ Bowler and its junction with Shawano Kiel and 151; (13) local single-line serv­ ern Pacific Company spur line extending County G, and between its junctions with ice to or from Waukesha is limited to approximately 2 miles southwest from Shawano County U and 47, Unnamed transportation of internal, combustion Simla to Permanente; easterly along county and town road between 10 and engines, accessory parts for said engines, Pollard Road to W. Parr Avenue; east­ Dundas, Manitowoc County JJ between and crates used for such transportation erly along W. Parr Avenue to Capri 148 and Collins, Calumet County H be­ originating at or destined to Clinton­ Drive; southerly along Capri Drive to E. tween St. Anna and New Holstein, Wau­ ville; and (14) no intrastate service will Parr Avenue; easterly along E. Parr Ave­ paca County Truck C between Clinton­ be performed at points located on the nue to the Southern Pacific Company ville and Big Falls, 144 between 45 and following routes: 41 intermediate to Mil­ ri£ht of way; southerly along the South­ Neenah, and 150 between 45 and Mena­ waukee and Fond du Lac, 22 intermediate ern Pacific Company right of way to the sha. Service is authorized between the to Clintonville and Shawano, 151 inter­ Campbell-Los Gatos city limits; easterly above terminal points and intermediate mediate to 55 and Chilton, 42 and 32 in­ along said limits and the prolongation points subject to the following restric­ termediate to Sheboygan and Kiel, 32 thereof to the San Jose-Los Gatos Road; tions: (1) No local single-line service intermediate to Kiel and 151, 74 between northeasterly along San Jose-Los Gatos between Milwaukee, Oskosh, and inter­ Menomonee Falls and 164,164 intermedi­ Road to Foxworthy Avenue; easterly mediate points; (2) no local single-line ate to Waukesha and 74,18 intermediate along Foxworthy Avenue to Almaden service between Schofield and Wausau to Waukesha and Milwaukee Washing­ Road; southerly along Almaden Road to on highway 29, between Green Bay and ton County Y between 41 and 145, 52 Hillsdale Avenue; easterly along Hills­ Shawano or intermediate points on high­ intermediate to Wausau and 45 Waupaca dale Avenue to U.S. Highway 101; north­ way 29, or between Green Bay and Clin­ County C intermediate to Clintonville westerly along U.S. Highway 101 to Tully tonville or intermediate points on high­ and Big Falls, 114 intermediate to junc­ Road; northeasterly along Tully Road to ways 29, 156, and Shawano County W ; tion 45 and Neenah, and 150 intermediate White Road; northwesterly along White (3) no local single-line service between to junction 45 and Menasha. Road to McKee Road; southwesterly Wausau and Schofield, on the one hand, along McKee Road to Capitol Avenue; N o te .—Applicant states that the requested northwesterly along Capitol Avenue to and Milwaukee, Oshkosh and intermedi­ authority cannot be tacked with its existing ate points, on the other hand; (4) no authority. Applicant seeks by this applica­ State Highway 17 (Oakland Road); local single-line service between Antigo, tion to convert its Certificate of Registra­ northerly along State Highway 17 to on the one hand, and, oh the other hand, tion in MC 99565 (Sub-No. 4) into a Certifi­ Warm Springs; northerly along the un­ Oshkosh and points intermediate to cate of Public Convenience and Necessity. numbered highway via Mission San Jose

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 No. 205------13 29548 NOTICES and Niles to Hayward; northerly along control CALHOUN LEMON, X . O. routes, from the plantsite of Jones & Foothill Boulevard to Seminary Avenue; BUNCH, JR., ARDEN A. LEMON, AND Laughlin Steel Corporation, located in- easterly along Seminary Avenue to CHARLES G. PEACE. Application has Putnam County, HI., to points in Inffiana Mountain Boulevard; northerly along not been filed for temporary authority and Ohio; materials, equipment, and Mountain Boulevard and Moraga Ave­ under section 210a (b ). supplies used in the manufacture and nue to Estates Drive; westerly along No. MC-F-12014. Authority sought* for processing of iron and steel articles, from Estates Drive, Harbord Drive and Broad­ points in Indiana and Ohio, to the plant- way Terrace to College Avenue; northerly control and merger by B.T.L., INC., do­ ing business as BURNS TRUCK LINE, site of Jones & Laughlin Steel Corpora­ along College Avenue to Dwight Way; tion, located in Putnam County, HI., with easterly along Dwight Way to the Berke- 631 Santa Fe, Kansas City, Mo. 64101, of the operating rights and property of restriction. ILLINOIS-CALIFORNIA ley-Oakland. boundary line; northerly EXPRESS, INC., is authorized to operate along said boundary line to the campus CRETE-WILBER FREIGHT, INC., Highway 33 West, Crete, NE 68333, and as a common carrier in Hlinois, Cali­ boundary of the University of Califor­ fornia, Wyoming, Colorado, Arizona, New nia; northerly and westerly along the for acquisition by WILLIAM J. BURNS, also of Kansas City, Mo. 64101, o f con ­ Mexico, Iowa, Kansas, Nebraska, Mis­ campus boundary of the University of souri, Texas, and Utah. Application has California to Euclid Avenue; northerly trol of such rights and property through the transaction. Applicants’ attorneys: been filed for temporary authority under along Euclid Avenue to Marin Avenue; section 210a (b ). westerly along Marin Avenue to Arling­ Marion F. Jones and Leslie R. Kehl, 1600 ton Avenue; northerly along Arlington Lincoln Center, 1660 Lincoln Street, Den­ No. MC-F-12016. Authority sought for Avenue to U.S. Highway 40 (San Pablo ver, Colo. 80203. Operating rights sought purchase by NEW ENGLAND MOTOR Avenue); northerly along U.S. Highway to be controlled and merged: General FREIGHT, INC., 520 Main Street, Wail- 40 to and including the City of Rich­ commodities, excepting among others, ington, N.J. 07057, o f the operating rights mond; southwesterly, along the highway classes A and B explosives, household o f GLENN J. SCHMIDT, Box 81, Calli- extending from the City of Richmond to goods and commodities in bulk, as a ' coon Center, N.Y. 12724, and for acqui­ Point Richmond; southerly along an common carrier, over regular routes, be­ sition by MORRIS FRIEDMAN, DAVID imaginary line from Point Richmond to tween Wilber, Nebr., and Omaha, Nebr., GOLDMAN, AND JACOB GOLDMAN, the San Francisco Waterfront at the serving the intermediate points of Crete also o f W allington, N.J. 07057, of control foot of Market Street; westerly along and Lincoln, Nebr., and serving the off- of such rights through the purchase. Ap­ said waterfront and shore line to the route points of Clatonia, De Witt, Roca, plicants’ attorney: Morton E. Kiel, Suite- Pacific Ocean; southerly along the shore Martell, Sprague, Hallam, Denton, and 6193, 5 World Trade Center, N.Y. 10048. line of the Pacific Ocean to the point of Kramer, Nebr., and Council Bluffs, Iowa. Operating rights sought to be trans­ beginning. B.T.L., INC., doing business as BURNS ferred: General commodities, excepting TRUCK LINE, is authorized to operate among others, classes A and B explosives, N o t e .—Applicant states that the requested as a common carrier, in Missouri and Ne­ household goods and commodities in authority can be tacked at points in the braska. Application has been filed for Oakland, California, Commercial Zone, and bulk, as a common carrier oyer regular the above-named points in California to pro­ temporary authority under section routes, between Mileses, and New York, vide a through service from and to points in 210a (b ). N.Y., between Callicoon, N.Y., and Da­ Illinois, Kansas, Oklahoma, Texas, Missouri, No. MC-F-12015. Authority sought for mascus, Pa., serving all intermediate Indiana, Kentucky, Michigan, Ohio, Nebraska, control and merger by ILLIN OIS - CALI - points; eggs and agricultural commodi­ Georgia, Arizona, New Mexico, Minnesota, ties, between Sellyville, and Beach Lake, South Carolina, Colorado, California, Ten­ FORNIA EXPRESS, INC., 510 East 51st nessee, Wyoming, South Dakota, Utah, Avenue, Denver, Colo. 80216, of the op­ Pa., serving no intermediate points. Pennsylvania, Maryland, Virginia, Alabama, erating rights and property of SOUTH­ Vendee is authorized to operate as a com­ Delaware, New Jersey, New York, and Massa­ ERN EXPRESS COMPANY, 3333 South mon carrier in Connecticut, Massachu­ chusetts. This is a matter directly related to Cicero Avenue, Cicero, 111. 60650, and for setts, New Jersey, and Rhode Island. Ap­ the Section 5 purchase proceeding in MC—F acquisition by FRONTIER, INC., ICX plication has been filed for temporary 11992, published in the F ederal R egister INDUSTRIES, INC., also of Denver, Colo. authority under section 210a (b ). issue of September 26, 1973. If a hearing is deemed necessary, applicant requests it be .80216, and CERRO MOTOR EXPRESS > P roposed N otice of F iling held at San Francisco, Calif. CORPORATION, and CERRO CORPO­ RATION, both o f 300 Park Avenue, New Notice is hereby given of the filing by Applications U nder S ections 5 and York, N.Y. 10022, of control of such rights Weyerhaeuser Company of an applica­ 210a(b) and property through the transaction. tion to acquire control of the Curtis, Mil- bum , and Eastern Railroad Company The following applications are gov­ Applicant’s attorneys; Edward G. Baze- lon, 39 South La Salle Street, Chicago, through ownership of the stock of the erned by the Interstate Commerce Com­ said corporation, in Finance Docket No. mission’s Special Rules governing notice 111. 60603, Morris Cobb, P.O. Box 9050, Amarillo, Tex. 79150, and W illiam P. 27499. of filing of applications by motor car­ 1. Applicant is Weyerhaeuser Com­ riers of property or passengers under O’Keefe, Jr., 122 South Michigan Avenue, Chicago, HI. 60603. Operating rights pany, Tacoma, Washington 98401. sections 5(a) and 210a(b) of the Inter­ Applicant’s attorneys are: state Commerce Act and certain other sought to_be controlled and merged: proceedings with respect thereto. (49 General commodities, with exceptions, as Robert M. Dowdy CFR 1.240.) a common carrier over regular routes, Weyerhaeuser Company between Hammond, Ind., and the junc­ Tacoma, W ashington 98401 M otor C arriers op P roperty tion of U.S. Highway 6 and Indiana High­ and No. MC-F-12002. CALHOUN LEMON, way 152, serving no intermediate points, Charles J. McCarthy P.O. Box 385, Barnwell, SC 29812, AR­ between Chicago, HI., and Youngstown, Belnap, McCarthy, Spencer, Sweeney & DEN A. LEMON, 2019 Elgin St., Charles­ Ohio, serving various intermediate and Harkaway ton, SC 29403, X . O. BUNCH, JR., P.O. off-route points, between points in Ohio, 1750 Pennsylvania Avenue NW. Box 10207, Charleston, SC 29411, and serving no intermediate points; over one Washington, D.C. 20006 CHARLES G. PEACE, P.O. Box 638, alternate route for operating convenience 2. The proposed transaction is the ac­ Holly Hill, SC 29059, to continue in con­ on ly; iron and steel articles, as described quisition of control of the Curtis, Mil- trol Of CEMENT TRANSPORT, INC., in Appendix V to the report in Descrip­ bum, and Eastern Railroad Company, a P.O. Box 10207, Charleston, SC 29411, tions in Motor Carrier Certificates, 61 newly organized corporation chartered upon issuance of authority in No. MC- M.C.C. 209, except those requiring special under the laws of the State of Washing­ 138646. The section 5 application will be equipment, serving Portage, Ind., as an ton for the purpose of engaging in trans­ handled as a matter directly related to off-route point in connection with car­ portation as a common carrier by rail­ and subordinate to the application in No. rier’s regular route operations between road in interstate commerce, through MC-138646. Parties in control of CE­ Chicago and points in Hlinois and Ohio; acquisition o f the shares o f such MENT TRANSPORT, INC., presently iron and steel articles, over irregular corporation.

FEDERAL REGISTER, V O L 38, NO. 205— THURSDAY, OCTOBER 25, 1973. NOTICES 29549

3. (a) The Curtis, Milbum, and East­ presently conducts operations under the tion of general commodities, except clas­ ern Railroad has applied to the Inter­ Act on the Gulf Intracoastal Waterway ses A and B explosives other than small state Commerce Commission for a certi­ and its tributary waterways. No change arms ammunition, household goods as ficate of conveniende and necessity in operations is contemplated as a result defined by the Commission, commodi­ authorizing the acquisition and operation of the proposed transaction. No applica­ ties in bulk, commodities requiring spe­ of a line of railroad extending approxi­ tion for temporary authority under Sec­ cial equipment, and those injurious or mately 10 miles from Curtis, Washington tion 311(b) has been filed in connection contaminating to other lading, between to a point of connection with the Chi­ with this transaction. In the opinion of points in Maryland (except Baltimore) cago, Milwaukee, St. Paul & Pacific Rail- the applicant the granting of this appli­ on U.S. Highway 1 (between the road’at Chehalis, Washington. cation will have no effect upon the qual­ Maryland-Pennsylvania State line and (b) Weyerhaeuser Company, a certi­ ity of the human environment. In accord­ Baltimore), on the one hand, and, on fied common carrier subject to Part III ance with the Commission’s regulations the other, points in that part of Penn­ of the Interstate Commerce Act, serves (49 CPU 1100.250) in Ex Parte No, 55 sylvania bounded by a fine beginning ports in Washington,, California, Oregon, (Sub-No. 4), Implementation-Nat’l En­ at Philadelphia and extending along Rhode Island', New York, New Jersey, vironmental Policy A ct, 1969, 340 I.C.C. Ü.S. Highway 611 to Easton, thence and Maryland. It also controls, through 431 (1972), any protests may include a along a line extending from Easton sto ck ownership, the Columbia & Cowlitz statement indicating the-presence or ab­ through Albany to Pine Grove, thence Railway Company, which operates in sence of any effect of the requested Com­ along a line extending from Pine Grove Washington; the DeQueen and Eastern mission action on the quality of the through Linglestown to Harrisburg, Railroad Company, which operates in human environment. If any such effect thence along U.S. Highway 230 to Lan­ Arkansas and Texas; the Texas, Okla­ alleged to be present, the statement shall caster, thence along U.S. Highway 30 to homa, and Eastern Railroad Company, include information relating to the rele­ point of beginning, also those in that which operates in Oklahoma; and the vant factors set forth in Ex Parte No. part of Pennsylvania on and south of Mississippi and Skuna Valley Railroad 55 (Sub-No. 4), supra, Part (b) (l)-(5 ), U.S. Highway 1 between Philadelphia Company, which operates in Mississippi. 340 I.C.C. ,431, 461. The proceeding will and Morrisville, including points on the In the opinion of the applicant, the ac­ be handled without public hearings indicated portions of the highways spec­ quisition of control of the Curtis,. M il- unless protests are received which con­ ified. John R. Sims, Jr., Suite 600, 1707 bum, and Eastern Railroad Company by tain information indicating a need for H Street NW., Washington, D.C. 20006, Weyerhaeuser will have no effect on the such hearings. Any protests submitted attorney for applicants. quality o f the human environment. In shall be filed with the Commission no No. MC-FC—74670. By order entered accordance with the Commission’s regu­ later than 30 days from the date of first October 17, 1973, the M otor Carrier lations (49 CFR 1100.250) in Ex Parte publication in the F ederal R egister. Board approved the transfer to Hillyer No. 55 (Sub-No. 4), Implementation- By the Commission. Trucking, Inc., Burlington, Iowa, of the Nat’l Environmental Policy Act, 1969, 340 operating rights set forth in Permit No. I.C.C. 431 (1972) , any protests may in­ [ seal] R obert L. O sw ald, Secretary. MC-126391, issued August 25, 1965, to clude a statement indicating the pres­ Almon Hillyer, Burlington, Iowa, au­ ence or absence of any effect of the re­ [FR Doc.73-22724 Filed 10-24-73;8:45 am] thorizing the transportation of malt bev­ quested Commission action on the quality erages, from Omaha, Nebr., and St. Paul, of the human environment. If any such [Notice 377] Minn., to Burlington, Iowa, limited to a effect is alleged to be present, the state­ transportation service to be performed ment shall include information relating MOTOR CARRIER BOARD TRANSFER under a continuing contract, or con­ to the relevant factors set forth in Ex PROCEEDINGS tracts, with Harry S. Flodin Company, Parte No. 55 (Sub-No. 4 ), supra, Part Synopses of orders, entered by the Inc., of Burlington, Iowa. -Thomas J. (b) ( l ) - t e ) , 340 I.C.C. 431, 461. Motor Carrier Board of the Commission Dailey, First National Bldg., P.O. Box The proceeding will be handled with­ pursuant to sections 212(b), 206(a), 211, 517, Burlington, Iowa 52601. out public hearings unless protests are 312(b), and 410(g) of the Interstate No. MC-FC-74741. By order of Octo­ received which contain inform ation indi­ Commerce Act, and rules and regulations ber 17, 1973, the M otor Carrier Board cating a need for such hearings. Any pro­ prescribed thereunder (49 CFR Part approved the transfer to Andy’s Rapid tests submitted shall be filed with the 1132), appear below: ^Transportation, Inc., 42 Estes Lane, Commission no later than 30 days from Each application (except as otherwise Fall River, Mass., of Certificate of Reg- the date of first publication in'th e F ed­ specifically noted) filed after March 27, ; istration No. MC-97518 (Sub-No. 2), is­ eral R egister. 1972, contains a statement by applicants sued to Charles Andrade, Doing Business N otice that there will be no significant effect As Andy’s Rapid Transportation, Fall on the quality of the human environ­ River, Mass., evidencing the right of the Finance Docket No. 27504 filed Octo­ ment resulting from approval of the ber 10,1973. holder to engage in interstate or foreign Applicants: Texas Gas Transmission application. As provided in the Commis­ commerce, between points in Massachu­ sion’s special rules of practice any setts, transporting general commodities. Corporation, P.O. Box 1160, Owensboro, interested person may file a petition Kentucky 42301; American Commercial seeking reconsideration of the following No. MC-FC-74751. By order of Octo­ Lines, Inc., P.O. Box 13244, Houston, numbered proceedings on or before ber 16, 1973, the M otor Carrier Board Texas 77019; American Commercial November 14, 1973. Pursuant to section approved the transfer to Lake Geneva Barge Line Company, P.O. Box 610, Jef­ 17(8) of the Interstate Commerce Act, Warehouse and Transfer Company, Inc., fersonville, Indiana 47130. Applicant’s the filing of such a petition will post­ Lake Geneva, Wis., of the operating representative: Paul M. Donovan, 743 pone the effective date of the order in rights in Certificate No. M C-117402 is- Investment Building, Washington, D.C. - sued September 5, 1972 to Arthur George 20005. Applicants seek authority to that proceeding pending, its disposition. The matters relied upon by petitioners Forbeck and Jennifer K. Forbeck, a part­ merge* the properties and franchises of must be specified in their petitions with nership, doing business as Whitewater Coyle Lines Incorporated, and American particularity. Transfer Company, Lake Geneva, Wis., Commercial Barge- Line Company, both authorizing the transportation of various common carirers by water subject to Par No. MC-FC-74596. By supplemental commodities between a described area in HI of the Interstate Commerce Acl order o f October 16, 1973, the M otor Wisconsin, on the one hand, and, on the American Commercial Barge Line Com Carrier Board approved the transfer to other, a described area in Illinois. Allan pany presently conducts operation Cohey Trucking Company, a corporation, C. Zuckerman, 39 South La Salle Street, mider the Act on the Mississippi Rive Baltimore, Md., of that portion of the Chicago, HI., 60603, attorney for appli­ System including the Mississippi, Ulinoii operating rights in Certificate No. MC- cants. Ohio, Arkansas, Cumberland, Tennessee 73587 issued January 2, 1968, to Elliott Missouri Rivers, and various of thei Brothers Trucking Company, Inc., No. MC-FC-74752. By order of Octo­ tributaries. Coyle Lines Incorporatec Easton, Md., authorizing the transporta - ber 16, 1973, the M otor Carrier Board

FEDERAL REGISTER, VOL. 38, NO . 205— THURSDAY, OCTOBER 25, 1973 29550 NOTICES approved the transfer to Lake Geneva 37921. Applicant’s representative: Blaine termediate points and, as an off-route Warehouse and Transfer Company, Inc., Buchanan, 1024 James Building, Chatta­ point, the plantsite of the Aluminum Lake Geneva, Wis., of the operating nooga, Tenn. 37402. Certificate of public Company o f America near Palestine, rights in Certificate No. MC-79498 is­ convenience and necessity sought to op­ Tex., via U.S. Highway 79 (east) and all sued September 5, 1972 to Anthony erate a freight service as follows: Trans­ other access roads; (3) Between Pales­ George Forbeck, doing business as Lake portation of General property, except tine, Tex., and Kilgore, Tex., as follows: Geneva Warehouse & Transfer Company, used household goods, liquid commodities From Palestine, Tex., over U.S. Highway Lake Geneva, Wis., authorizing the in bulk, fly ash, dry cement, and dry 79 to Jacksonville, Tex., thence over transportation of household goods be­ fertilizer in bulk, and dry acids and dry Texas Highway 135 to Kilgore, Tex., and tween Lake Geneva, Wis. and points in chemicals in bulk over the following return over the same route, serving the Wisconsin within 25 miles thereof, on route and to be tacked to and used with termini and all intermediate points; (4) the one hand, and, on the other, points all applicant’s other authority: Between Between Tyler, Tex., and Troup, Tex., in Illinois. Allan C. Zuckerman, 39 South Loudon, Tenn., and Sweetwater, Tenn., as follow s: From Tyler, Tex., oven Texas La Salle Street, Chicago, HI., 60603, at­ over U.S. Highway 11 serving all inter­ Highway 110 to Troup, Tex., and return torney for applicants. mediate points. over the same route, serving the termini and all intermediate points; (5) Between [ seal] R obert L. O swald, N o te .—The above, commodity description Longview, Tex., and junction of U.S. Secretary. is substantially the same as Applicant’s Cer­ tificate No. 1451—K (ICC MC 97904 Sub-No. 8) Highway 271 and Interstate Highway [PR Doc.73—22726 Piled 10-24-73;8:45am ] to which the proposed extension would im­ 20, as follows: From Longview, Tex., over mediately be joined. It is also compatible U.S. Highway 80 to Gladewater, Tex., with other authority of Applicant. thence over U.S. Highway 27i to its junc­ [Notice 378] HEARING: December 11, 1973, at the tion with Interstate Highway 20, and re­ turn over the same route, serving the MOTOR CARRIER TRANSFER Commission’s Court Room, C -l Cordell PROCEEDINGS termini and all intermediate points; (6) Hull Building, Nashville, Tenn., at 9:39 Between Sulphur Springs, Tex., and O ctober 19,1973. a.m. Requests for procedural information Winnsboro, Tex., as follows: From Sul­ Application filed for temporary au­ should be addressed to the Tennessee phur Springs, Tex., over Texas Highway thority under section 210a(b) in connec­ Public Service Commission, Cordell Hull 11 to Winnsboro, Tex., and return over tion with transfer application under Building, Nashville, Tenn. 37219, and the same route, serving the termini and section 212(b) and transfer rules, 49 CFR should not be directed to the Interstate no intermediate points; (7) Between Part 1132: _ Commerce Commission. Quitman, Tex., and Winnsboro, Tex., as Texas Docket No. 2627 et al. (Amend­ No. MC-FC-35455. Prior F ederal R eg­ follow s: From Quitman, Tex., over Texas m ent), filed September 20, 1973. Appli­ ister publication of October 1,1973, page Highway 37 to W innsboro, Tex., and re­ cant: CENTRAL FREIGHT LINES, INC., turn over the same route, serving the 27249, stated LESSEE as R. C. M6 TOR 303 South 12th Street, W aco, Tex. 76701. VAN LINES, INC. This is incorrect. The termini and all intermediate points; (8) Applicant’s representative: Phillip Rob­ Between Newton, Tex., and the site of correct name of LESSEE is R. C. VAN inson, P.O. Box 2207, Austin, Tex. 78767. LINES, INC. Correct Notice is R. C. VAN the mill o f the Kirby Lumber Company Certificate of public convenience and near Bon Weir, Tex., as follows: From LINES, INC. — LESSEE — TRANS­ necessity sought to operate a freight WORLD MOVERS, INC.—LESSOR—. Newton, Tex., over U.S. Highway 190 to service as follows: Transportation of the site of the mill of Kirby Lumber [ seal] R obert L. O sw ald, General commodities; (1) Between Cor­ Company near Bon Weir, Tex., and Secretary. sicana, Tex., and Houston, Tex., as fol­ return over the same route, serving [PR Doc.73-22727 Filed 10-24-73;8:45 am] lows: From Corsicana, Tex., over Inter­ the termini and all intermediate state Highway 45 and U.S. Highway 75 points; (9) Between Bleakwood, Tex., to Houston, Tex., and return over the and the site of the mill of Kirby Lumber NOTICE OF FILING OF MOTOR CARRIER same route, serving the termini and all Company near Bon Weir, Tex., as fol­ INTRASTATE APPLICATIONS intermediate points and, as off-route lows: From Bleakwood, Tex., over Farm points: (a) The plantsite of the Big O ctober 19, 1973. Road 363 to its junction with U.S. High­ Brown Electric Generating Plant near way 190, thence over U.S. Highway 190 The following applications for motor Fairfield, Tex., via Farm Roads 488,1124, to the site o f the mill o f Kirby Lumber common carrier authority to operate in 2570 and all other access roads; and (b) Company near Bon Weir, Tex., and re­ intrastate commerce seek concurrent The following plantsites near Conroe, turn over the same route, serving the motor carrier authorization in interstate Tex., over the highways and roads spec­ termini and all intermediate [joints; (10) or foreign commerce within the limits ified from and to Conroe and all other Between junction U.S. Highway 87 and of the intrastate authority sought, pur­ access roads to and from such plantsites, Recreational Road 255 and the plant- suant to section 206(a) (6) of the Inter­ to-wit: Borden Metal Products Co., via site of Gulf States Paper Co. near Toledo state Commerce Act, as amended Octo­ U.S. Highway 75 (south); Cities Service Bend Dam, Tex., as follows: From junc­ ber 15, 1962. These applications are gov­ Co., via Texas Highway 105 (east) and tion U.S. Highway 87 and Recreational erned by § 1.245 of the Commission’s Farm Road 1485 (sou th ); Conroe Creo- Road 255 over Recreational Road 255 rules of practice, published in the F ed­ soting Co., via Texas Highway 105 (e a s t); to the plantsite of Gulf States Paper Co. eral R egister, issue o f April 11, 1963, Helena Chemical Co., Southwest. Divi­ near Toledo Bend , Dam, Tex., and re­ page 3533, which provides, among other sion of Helena Chemical Co. at Youens, turn over the same route, serving the things, that protests and requests for Tex., via Texas Highway 105 (east) and termini and all intermediate points; and information \ concerning the time and Jefferson Chemical Road (south); Jef­ (11) Between the following points oyer place of State Commission hearings or ferson Chemical Company at Youens, the described alternate routes, serving other proceedings, any subsequent Tex., via Texas Highway 105 (east) and the described termini and serving no changes therein, any other related mat­ Jefferson Chemical Road (south); Mid­ intermediate points: (a) From Dallas, ters shall be directed to the State Com­ land Gasoline Cocp. via Texas Highway Tex., over U.S. Highway 175 to Athens, mission with which the application is 105 (east) and Farm Road 3083 (sou th ); Tex., and return over the same route; filed and shall not be addressed to or Norvell Wilder Co. via Texas Highway (b) From Corsicana, Tex., over Texas filed with the Interstate Commerce 105 (east) and Farm Road 3083 (south) ; ^Highway 31 to Athens, Tex., and return Commission. and Owens Handle Co., Inc., via U.S. over the same route; (c) From Athens, Tennessee Docket No. MC-4479 (Sub- Highway 75 (north); (2) Between Can­ Tex., over Texas Highway 31 to Tyler, ton, Tex., and Huntsville, Tex., as fol­ Tex., and return over the same route; No. 13), filed September 20, 1973. lows: From Canton, Tex., over-Texas (d) From Athens, Tex., over U.S. High­ Applicant: KNOXVILLE-MARYVTLLE Highway 19 to Huntsville, Tex., and re­ way 175 to Jacksonville, Tex., and re­ MOTOR EXPRESS, INC., P.O. Box 4006, turn over the same route, serving the turn over the same route; (e) From 2335 Texas Avenue NE., Knoxville, Tenn. termini, Athens, Tex., and all other in­ Corsicana, Tex., over U.S. Highway 287

FEDERAL REGISTER. VOL. 38. NO. 205— THURSDAY, OCTOBER 25, 1973 NOTICES 29551 to Palestine, Tex., and return over the of Texas Highway 103, thence over Texas 105 to Cleveland, Tex., and return over same route; (f) From junction of Texas Highway 103 to Lufkin, Tex., and return the same route ; and (x) From Cleveland, Highway 6 and Texas Highway 164 over over the same route; (o) From Bryan, Tex., over Texas Highway 321 to Dayton, Texas Highway 164 to Buffalo, and re­ Tex., over U.S. Highway 190 (Texas Tex., and return over the same route. turn over the same route; (g) From Highway 21) to Madisonville, Tex., and N o t e .—Applicant proposes to tack and Buffalo, Tex., over Ü.S. Highway 79 to return, over the same route; (p) From coordinate the proposed additional services Palestine, Tex., and return over the same Madisonville, Tex., over Texas Highway with all services authorized in intrastate route; (h) From Palestine, Tex., over 21 to Crockett, Tex., and return over commerce under Certificates 2627, 2054, 4337 U.S. Highway 84 to Rusk, Tex., and re­ the same route; (q) From Crockett, Tex., and 4336 and with all services now au­ turn over the same route ; (i> From Rusk, over U.S. Highway 287 to Corrigan, Tex., thorized in interstate and foreign commerce and return over the same route; (r) From under authorities granted in Docket No. Tex., over U.S. Highway 84 to Mount MC-30867 and all subs thereunder. Appli­ Enterprise, Tex., and return over the Corrigan, Tex., over U.S. Highway 287 cant seeks no duplicate authority. Both in­ same route; (j) From Mount Enterprise, to Woodville, Tex., and return 6ver the trastate and interstate authority sought. Tex., over U.S. tifighway 84 to Tenaha, same route; (s) From Woodville, Tex., HEARING: Date, time, and place not Tex., and return over the same route; over U.S. Highway 190 to Jasper, Tex., shown. Bequests for procedural information (k) Between junction U.S. Highway 77 and return over the same route; (t) should be addressed to the Texas Railroad and Texas Highway 7 over Texas High­ From College Station, Tex,, over Texas Commission, Drawer 12967, Capitol Station, way 7 to Marlin, Tex., and return over Highway 30 to Huntsville, Tex., and re­ Austin, Tex. 78711, and should not be di­ the same route; (1) From Marlin, Tex., turn over the same route; (u) From rected to the Interstate Commerce Commis­ sion. over Texas Highway 7 to Centerville, Huntsville, Tex., over U.S, Highway 190 Tex., and ¿return over the same routes to Livingston, Tex., and return over the By the Commission. (m) From Centerville, Tex., over Texas same route; (v) From Navasota, Tex,, [seal] R obert L. O sw ald, Highway 7 to Crockett, Tex., and return over Texas Highway 105 to Conroe, Tex., over the same route; (n) From Crockett, and return over the same route; (w) Secretary. Tex., over Texas Highway 7 to junction From Conroe, Tex., over Texas Highway [PR Doc.73-22721 Filed 10-24-73;8:45 am]

FEDERAL REGISTER. VOL. 38, NO . 205— THURSDAY. OCTOBER 25, 1973 29552 FEDERAL REGISTER CUMULATIVE LISTS OF PARTS AFFECTED— OCTOBER

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

1 CFR Page 7 CFR—Continued p»s® 7 CFR—Continued Page CFR checklist. 27211 874______,___ .______29472 Proposed R ules—Continued 892______- ____ _— 28062 1076------28297, 29337 3 CFR 905 ______— 28063 1078 ______28297, 29337 906 ______—______28283, 28284 P roclamations 1079______:______28297, 29337 908______27212, 27511, 28064,28945 1090------28297, 29337 Jan. 22,1906 (611)------28291 909 ______28285 Mar. 30, 1911 (1119)------28291 1094------28297, 29337 910—______27599, 28285, 29071 1096------28067, 28297, 29337 4247 27279 913______29071 4248 ______—------27917 1097 ______28297,29337 929______1098 29311 ------28297, 29337 4249 ______27919 930______:_ 27512 49RA ___ :____ 28551 1099------— ______28297, 29337 944______i______J____ 28286, 28553 1101------29337 ______23925 958______29213 4252_____ 29069 1102— ---- <£,------28297,29337 966______’l l , __ ___ 29214 1104______28297,29337 E xecutive O rders: 981______1106------27381 28297,29337 1030______29311, 29477 1108------2&297,29337 5327 (See PLO 5 3 9 9 )------— 28568 1096______29311 28568 1120 __ >______28297, 29337 5672 (See PLO 5399) — ------1065______28064 1121 ------29337 11703 (superseded By EO 11743.) — 29459 1103______'______28813 27581 1124 ------29337 11739______—— ------1207___ !______27382 1125 ______29337 11740 ______27585 1421______27212, 28287, 29313 28809 1126 ------28297, 29337 11741— ______1427______28065 1127 ______28297, 29337 11742— ______%------29457 1464______27921 29459 1123_____ —— ____ 28297, 29337 11743______—— — - 1474______290721129 ______28297, 29337 P residential D ocuments O ther 1701______28287 1130 ------28297, 29337 T han P roclamations and E x ­ 1823— ______29025, 29036 1131=______— 28297, 29337 1841,—.______— 29039 ecutive O rder: 1132 ------28297, 29337 1842 ______1133 29047 ___ 29337 Memorandum o f September 20, 1843 ______- ______29051 1973______27811 1134 ______29337 1861______—_____- ______29060 1136______29337 4 CFR P roposed R u le s: 113V______29337 1138 ___ 28297, 29337 27507 5 2 - 28296 351— ______729. 27530 1139 ______29337 811. 28838 1421______27939 5 CFR 929. 27936 1438______29087 213______27211, 958. 27405 1446— ______— ______27939 27351, 27508, 27509, 27816, 28553, 959. 27297 1464______27939, 28073, 28297 28811, 28927, 29209 965 ___ 27936, 28946 1700______— 27843 410 ______28281 966 ______27405, 27937 9 CFR 5 3 1 - 1 - - - - — — — - — — ^ 27509 980______27938 78— ______27512 982______28296, 29337 82— :.______28814 6 CFR 984______1---- 28296 91______27591 29230 150______——— 27289, 987______92— ______i.______28554 989______28946 97______1 — _ 28814 27290, 27528, 27933, 28836, 29209, 29337 29307 1001- ______301______29215 1002_,______29337 303— ______28927, 29214 152______27529 29337 155______—------— 27933 1004—______307 ___ 28287 1006------29337 308 ______29214 P roposed R u le s: 1007______— 28297,29337 309 ______29214 150—______.*_____ —'------28845 1011______—------1 ------29337 311______v ______29214 152—_____ 28572 1012______29337 3 12______29214 1013------29337 316 ______29214 1015______*------29337 317 ___ 29214 7 CFR 1030______27615, 28297, 29337 318— 1______29214 2______27281 1032 ______28297, 29337 319— ______29215 20 28055 1033 ______29337 325______— ______29215 22~I—______- ___— 29020 1036______29337 3 27______28554, 29215 23______29022 1040______29230, 29337 350______28554, 29215 29 ______— 27599, 27817 1044—______- a— 29337 355______28287, 29215 52______—_____ 29210, 29310 1046______28297, 29337 381______28287, 28927 54______28282 1049 ______28297, 29337 56______27509 1050 ______28297, 29337 Proposed R ules: 70______28282 303______27298 1060 ______28297, 29337 27229 220______27281 1061 __ 28297, 29337 317— ______354______28282 3 1 9 .______—. .28072 1062 ______— 28297, 29337 27229 401______- 27282 1063— ___ 28297, 29337 381— ______722______28944 1064 ____ I ______— 28297, 29337 10 CFR 725______27355 1065 ______28297, 29337 20____ 29314 728____ 27211 1068 ____ 28297, 29337 29314 811 ______27509, 28811 29337 30_____ 1069 ______— 28297, 32____ _ 29314 850______27510, 29311 1070 __ 28297, 29337 28029 863—,______27377 1071 _—— ______28297, 29337 50_____ 864 ______28059 1073______28297, 29337 P roposed R u l e s: 28301 865 ______28059 1075______29337 70l___ FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 FEDERAL REGISTER 29553

21 CFR—Continued Paee 12 CFR Page 16 CFR—Continued Paee 24______24465 121______28820, 28933, 29219, 29465 21------______27829 ______27830 44 24465125______27593, 29219 216______132______27593 217------______29461 52 ______— 24465 ______29073 55______- ____ 24465 135______28032 265------— ------135a__l______27353 326------______27832 81______24465 28288, 29314 89 ______24465 135b______27593 329______135c___ 28032, 29086 524 ------28030, 29461 90 ______24465 ______28030 1001______- ______27214 135e______28657 525 ______141a______- ______27593 545______28815 1500______- ______27514 ______28816 146a______- ______27593 556------P roposed R u le s: 146e______27353 563a—------— ______27834 432______28083 ______1 28816 148e______- 28657 582__ i------151b______27929 582b______28817 17 CFR 27212, 29462 1 ____ 28031 174______28914 584______273______27282 611------______27836 210______29215 ______27836 230 ______*______27923 1000______28624 612______1002______28625 613 _— ------______27836 231 ______28819 ______27837 240 ______1003______27515 28628 614 ______1004 ______;______28629 615 ___:------______27838 241 ______28819, 29217 ______27839 249_____1______1005 27515 ______28630 618______- 1010______28631 Proposed R ules: 251______28819 271______,______28819 1029——______28632 ______29479 1030______28640 225IZI______28082 P roposed R u le s: 1301______27516, 28821 526______28081 210______28948 541______29233 230______e.______28951 P roposed R u les: 545______29090, 29233 239______28951 1 ______27622 581______29091 249______;______27531 19______27299 582*______29091 102______28703 584______28706 18 CFR 125______28840 7 0 1 „ ______‘27846 2 ______27351, 27606, 27813, 28933 130______12940 141______27605 273______27406 13 CFR 157___ 27606 278______28012 102______28255 P roposed R u le s: 1010______29340 Proposed R u le s: 2______27626 1020______29340 120______29092 154_____ 27626 1301______29479 401______— 28704 14 CFR 23 CFR I - : 39______27382, 19 CFR 750______29318 27513, 27600, 27819, 27921, 28030, 1______29218 j 24 CFR 28649,28817 19 ______28288 71______27292-27294, 135____ 29220 27382, 27383, 27514, 27600, 27820, 153______28571 159______—______28031 203______29075 27922, 27923, 28258, 28555, 28649, 275______t______28658 28927,28928,29073 P roposed R u l e s: 445______- ______27216 73______27292-27294, 1______27399, 28946 1270—______27888, 29226 27601,28555, 28928, 29074 4______27399 1914 ______27216, 75____ 29073, 29074 6______27404 27217, 27387, 27611, 27824, 28032, 93__------29463 8______27399 28033, 28821-28823*29227 95___ 28650, 29074 10______27841 1915 ______——______27217, 97— ______27601, 28556, 29074 12______27399 27611, 28034, 28824, 28825, 29228 139—______27294 18 ______- 27399 171______28557 19 ______27399 P roposed R u les: 234— ______27602 20—______27399 1710______*______27227 241—______27603, 29464 24______27399 250______27604 56____ 27399 26 CFR 261______27384, 28928 127______27399 1______„ ______28564 302______27384 147_____ - ______27399 301______!__ i ______27215 385______29315 175______.______27404 P roposed R u l e s: Proposed R u les: 1______27840, 28295, 28681, 28838 21. - ______28016 20 CFR 36. ------* ______28016 P roposed R u l e s: 28 CFR 39. ------27624, 29089 71. 410______27406 0______27285, 28289, 29466 ------:______27300, 416______27406, 27412, 29087 27301, 27844, 27942, 27943, 28572, 28703-28704, 28840, 29090 29 CFR 73_ ------27415 21 CFR 516______L______27520 75_ ------28572 1 ______27591, 28912 780______—____ 27520 298 ______29480 2 27591,28558 1602______28934 399 ------28704 3 ___ I______27592 1910______28035, 28259 15 CFR 8______29085 1912—______28035 1912a____ 28934 377— ______27220 15______28558, 29318, 29465 17 _— ______28558, 29318, 29565 1926<______27594 16 CFR 18 ______- _____ - 27924 1952______- ___- _____27388, 28658 19 ______—___:___ 27592 13...... 28259-28269, P roposed R u le s: 28652-28656, 28929-28932, 29315- 26______27929 29317 45______27353 1910______28074 15______28270-28281 80______28820 1913____ 27622

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 29554 FEDERAL REGISTER

30 CFR Page 40 CFR—Continued Page 45 CFR—Continued Page 504 ..... 29291 225 ___ P roposed R u le s: sor ■ 29076 226 . ■ 227 ___ 4 6 _ _ _ — ------27882 Proposed R ules: 121------28229 75______27621 Proposed R ules: 123------27223 77 27621j 27841 35 235------27530 249______:______27843 31 CFR 28438 209 _ _ 27521 53 _ _ ... 46 CFR 257 29218 an 10------—_ ------29318 85______32 CFR 30------___ ------29320 162______35------— 27354 290______28936 1 6 9 ______881______28936 70 — ------29320 180______90— 1 ------______29320 883 ______27523 409______28081, 162------27354 1464 .... 28259 412 ______166------29318 1472 _ _ 29466 413 ______188______;______29320 1604 29219 415 ______308------27524 1812 28660 416 ______310_____ 27525 424____ ■______32A CFR 350______27525 426______542______28827 Ch. X : 428______OI R eg. 1______28066 P roposed R u l e s: 41 CFR Ch. x m : 10______28298,29089 EPO Reg. 1______— 28660 1-12 ______28818 5 4 ____ ;______28300 EPO Reg. 3______27397 3-3______160______;______27415 EPO Reg. 7______29330 5A-1______29467 282______28682 5A-2______29467 526______27626 P roposed R ules: 5A-7______29468 Ch. V I: 528 ____ :______28841 5A-19______29471 5 3 8 ______29343 DMS Reg. 1 (including Reg. 1, 5A-73______29471 Dirs. 1 and 2)_____ — _— 27264 5A -76-______29472 47 CFR DPS Reg. 1______— 27264 7 -1 ______28664 1 ______27595,28762 DPS Order 1_____ 27270 7-3______k_____—______28669 2 ______29077 DPS Order 2______27271 7-4______28670 15______; 27821 7 -7 ______28671 33 CFR 21______,______27218 7-8______...___ 28676 2 3 ______- 27218, 27386 40______28937 7-10______28676 127______28065 73 ______27218, 28762, 28832 7-12______28676 74 ______27218 P roposed R u le s: 7-15______28676 7 6 ______- ______29083 117______27414, 28298 7-16______28677 78______27218, 29321 7-30______28678 8 1 ___ 29321 35 CFR 9-7____ 27287 83______28053, 28938 105______—- ______27386 9-12______27392 87______27218, 29077 119______27386 9 -1 6 -______27288 89______27218, 27823, 28835 9-18____ 27392 91______27218, 27823, 28835 36 CFR 9-51______27288 93______:______27218, 27823, 28835 7______27595 14-7______27288 95______,______29323 P roposed R u le s: 51-5______28938 P roposed R u le s: 295______29232 60-10______27215 101-25______28566 2 5 ______27228 73______*— 27303, 38 CFR 101-26 ______28566 101-27______28567 27624, 27844, 27845, 28305, 28573, 3 ______27353,28826, 29076 28574,28840,28947 17______28826 101-30_____ 28568 76______:______29342 101-40______28289,28678 P roposed R u le s: P roposed R u l e s : i 28959 49 CFR 21______27228, 28844 50-201______27942 171 ______28292 172 _ _ - ______28292 42 CFR 39 CFR 1 7 3 -I I I __-II ______:___27596,28292 65_____ 28290 174 _ 28292 232______27824 175 ______'____ 28292 P roposed R u l e s: 43 CFR 177_, ______*_____ 27597, 28292 132______27304 1850______27825 178______27598, 28292 P ublic L and O rders: 395______27930 40 CFR 2632 (Revoked in part by PLO 571______,______27599, 28569 51 ______27286 5399)______t.______26568 1033______.______— 27218, 52 ______29295 4522(See PLO 5399)______26568 27354, 27828, 28054, 28292, 28943, 60 28564 5398 ______28291 29219,29220,29472 136™ ___ - _____------28757 5399 ______28568 P roposed R u l e s: 180 __ 27523, 27524, 28663, 28664, 28937 171_____ 29483 220 ______28613 45 CFR ■ 173 ______-______29483 221 ______28614 67______28291 174 ______29483 222 ______. 28615 177______- ______27935 175 29483 223 ______28616 189______- ______27825 177 29483 224______—______28617 003______28039 178 ___ 29483

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973 FEDERAL REGISTER 29555

49 CFR— Continued Page 50 CFR— Continued Page P roposed R ules— Continued 28______— ______29085 2 3 1 - ______27302 3 2 ______27219, 570— ______28077 27289, 27526, 27527, 27930, 27932, 5 7 1 - ______27227, 28055, 28293, 28571, 28681, 28943, 27303,28840,29341,29342 29328,29472 5 7 5 - ______29342 33______27528, 27933, 28294 1064. ______28843 250 ______28836 1102. ______29483 251 ______1______29328 1307. ______27228 P roposed R u l e s: 50 CFR 18______28572 10— ______27387 20_____ 27613, 28681 260______27405

FEDERAL REGISTER PAGES AND DATE— OCTOBER

Pages Date 27205-27272______Oct. 1 27273-27343______-——— 2 27345-27499______3 27501-27574______4 27575-27804______5 27805-27910______9 27911-28022______10 28023-28247______11 28249-28543______- ______12 28545-28641—:______15 28643-28801_____ 16 28803-28917______17 28919-29061______18 29063-29202— ______19 29203-29297______23 29299-29450______24 29451-29555______25

FEDERAL REGISTER, VOL. 38, NO. 205— THURSDAY, OCTOBER 25, 1973

now available 15-year Cumulation

LAWS AFFECTED TABLES FOR 1956-1970

V olumes 70-84 U nited States Statutes at Large

Lists all prior laws and other Federal instruments which were amended, repealed, or otherwise affected by the provisions of public laws enacted during the years 1956-1970. Includes index of popular name acts affected in Volumes 70-84.

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