Part I Highlights of This Issue

17778 17762 17775

17746 17750

17777 17777 17778 17778 ......

1 17815

17823

...... 17758 ......

.7....'..... 17763 ......

...... (Continued inside) ......

...... , ......

...... Maine, Maine, 6-4—75 Base Strategy, 5-15 and 5 -1 6-7 5 New York, 5-15-75... Connecticut, 5 -2 0 -7 5 Colorado, Colorado, 5 -9 -7 5 ...... on on movement of cattle and bison; effective 4-2 2-7 5 Office Office proposes provisions ongrants for contracts development and of program services; comments by 5 -2 2-7 5 PART II: BRUCELLOSIS— USDA/APHIS revises regulations PART III: RUNAWAY YOUTH— HEW/Human Development unrestricted unrestricted informational reporting concerning flight requests requests comments by 5 -2 2 -7 5 provisions provisions system system deficiencies and discrepancies poses poses requirements on geological and geophysical ception ception criteria for facilities treating renal disease; effective effective 4-22-75..... CRC: State Advisory Committees: for fire for fire safety equipment;4-22-75...... effective DOD: Science Board Defense Task Force on Technology explorations explorations of Outer Continental Shelf; comments by 6 -6 -7 5 HIGHLIGHTS OF THIS ISSUE TUESDAY, APRIL 22, 1975 This listing does not affect the legal status the legal This affect not does listing of any document published In this issue. document of any this Detailed issue. published In PART I AVIATION SAFETY— DOT/FAA announces program on WASHINGTON, D.C. Pages Pages 17743-17827 table of contents appears inside. appears contents of table Volume 40 ■ Number 78 OIL, GAS AND SULFUR OPERATIONS— Interior/GS pro­ MEDICARE— HEW/SSA proposes qualifications and ex­ NURSING H O M ES^H U D facilitates loan applications MEETINGS— AIR POLLUTION— EPA requests comments on opacity OIL AND GREASE PRETREATMENT STANDARDS— EPA

April 22, 1975— Pages 17743-17827 reminders

(The items in this list were editorially compiled as an aid to F ederal Register 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 Note: There were no items published after October 1,1972, that are eligible for inclusion in the list of Rules Going I nto Effect T oday. Daily List of Public Laws NOTE: No acts approved by the Presi­ dent were received by the Office of the Federal Register for inclusion in today's LIST OF PUBLIC LAWS.

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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, undlr the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., J Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. * L isted’*

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FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 HIGHLIGHTS— JContinued

DOT/CG: National Boating Safety Advisory Council, USDA/FS: Ottawa National Forest Multiple Use Advisory 5—29 and 5—30—75-...... —...... 1...... - 17762 Committee, 5—15 and 5-16-75— ...... 17766 HEW: National Commission for Protection of Human NATIONAL ADVISORY COUNCIL ON THE EDUCATION Subjects of Biomedical and Behavioral Research OF DISADVANTAGED CHILDREN, 5-10-75...... 17788 5-9 and 5-10-75 ...... 17774 NSF: Advisory Committee for Science Education, 5-9 Interior: Emergency Advisory Committee for Natural and 5-10-75 ...... ----- 17789 Gas, 5-8-75 ...... -- 17771 State: Northwest Atlantic Fisheries Advisory Committee, Treasury: Advisory Committee on Reform of. Interna- . 5-15-75 ...... -----...... 17763 tional Monetary System, 5-6-75...... 17763

contents

AGRICULTURAL MARKETING SERVICE Notices Notices Rules Organization and functions: Air pollution, stationary sources; opacity provisions; request for Expenses and rates of assessment: Appeals Board—_—--- [—- —— 17771 Potato research and promotion Assistant Secretary for Eco­ comments ______17778 nomic Development-l— ----- 17772 plan ______17743 FARM CREDIT ADMINISTRATION Congressional Affairs Office----- 17772 AGRICULTURE DEPARTMENT Telecommunications Office—__ 17772 Rules See Agricultural Marketing Serv­ Miscellaneous amendments to ice; Animal and Plant Health CONSUMER PRODUCT SAFETY chapter______— 17744 COMMISSION Inspection Service ; Forest FEDERAL AVIATION ADMINISTRATION Service; Soil Conservation Serv­ Rules ice. Toys, games and other articles Notices intended for use by children; Aviation Safety Reporting Pro­ ANIMAL AND PLANT HEALTH INSPECTION test methods; correction------17746 gram; establishment______17775 SERVICE Notices Rules FEDERAL COMMUNICATIONS Swimming pool slides; safety COMMISSION Quarantine areas: standard development terms; Brucellosis ______.___ 17815 Rules correction ______.______17748 Amateur radio service; authoriza­ CIVIL AERONAUTICS BOARD CUSTOMS SERVICE tion of commemorative stations. 17755 Notices Notices Notices Hearings, etc.: Countervailing duty determina­ Hearings, etc.: - Allegheny Airlines, Inc., et al.; tions: American Telephone & Tele- correction ____------^ 17777 Leather products from Ar- graph Co.; correction______17781 Joint freight rates, increased; gentina______¿______17763 Camellia City Telecasters, Inc_ 17781 correction (3 documents)— 17777 Empire Broadcasting Corp. et Kimberlin Air Freight Corp__ 17777 DEFENSE DEPARTMENT a l ______17781 Houston Mobilfone, Inc. and CIVIL RIGHTS COMMISSION Notices Meetings: Electrodyne, Inc______17782 Notices Science Board______- — 17763 Meetings, State advisory commit- FEDERAL ENERGY ADMINISTRATION DISEASE CONTROL CENTER Notices Colorado ______ST.— 17777 Notices Canadian imports of petroleum, Connecticut______17777 allocation; hearing and inquiry. 17783 M a in e ______17778 Bendix Corp., coal mine dust per- - New York______17778 sonal sampler units; revocation FEDERAL INSURANCE ADMINISTRATION of approval certificates______17773 Rules COAST GUARD National flood insurance pro­ Rules DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION gram: Drawbridge operations: Notices Areas eligible for sale of insur­ Florida <2 documents)_____*___ 17753 ance (3 documents)__ 17750, 17752 Security zones: Scientific articles; duty free entry: V irg in ia ______.______17754 Evanston Hospital et al______17768 FEDERAL POWER COMMISSION Tank vessel electrical installa­ National Institutes of Health et Notices tion ___.,______17754 al ______'_____ 17768 University of California et al___ 17769 Hearings, etc. : Proposed Rules Arkansas Louisiana Gas Co____ 17783 Canoes and kayaks, white water; EDUCATION OFFICE Boston Edison Co______17784 revocation of exception for non- Notices Colorado Interstate Gas Co (2 approved lifesaving devices; ex­ docu m ents)______17785 tension of time______17762 Applications closing dates: Commonwealth Edison Co_____ 17785 Notices Follow Through Program______17773 Distrigas Corp______17785 Meetings: ENVIRONMENTAL PROTECTION El Paso Natural Gas Co______17786 National Boating Safety Ad­ ADMINISTRATION Gas Producing Enterprises, visory Council______17774 In c ______17X86 Proposed Rules Pacific Gas & Electric Co______17786 COMMERCE DEPARTMENT Water pollution, effluent guidelines Phillips Petroleum Co______17787 See also Domestic and Interna­ for certain point source cate­ Southern Natural Gas Co__ :___ 17787 tional Business Administration; gories: Texas Crude Oil Co______17784 National Oceanic and Atmos­ Oil and grease;- pretreatment Texas Eastern Transmission pheric Administration. standards______;______17762 C o r p ______17787

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 iii CONTENTS

FISH AND WILDLIFE SERVICE Notices Marine mammal permit applica- Proposed Rules Environmental statements : tions: Butterflies, certain; endangered Outer Continental Shelf; geo­ Lafayette Park Zoo____.... ___ 17770 and threatened wildlife______17757 logical and geophysical explo­ Naval Undersea Center.:______17770 Notices rations ______17766 Ocean World, Inc!______17770 Rio Grande Wild and Scenic San Diego Zoological Garden.. 17771 Endangered species; River; proposed______17765 Shipwreck, Inc______17771 Critical habitat areas; designa­ Financial interest statements : Marine mammals; fish import tion information.______17764 Hayden, Julian R ______17765 certificates: Sponges, fresh water; status re­ Prekeges, Gregory P ______17766 South Africa______17771 view for potential listing. ____ 17764 Meetings : NATIONAL SCIENCE FOUNDATION FOREST SERVICE Natural Gas Emergency Advi­ Notices sory Committee______17771 Notices Meetings: Meetings : INTERSTATE COMMERCE COMMISSION Science Education Advisory Committee ______17789 Ottawa National Forest Multiple Notices Use Advisory Committee_____ 17766 Abandonment of service : NUCLEAR REGULATORY COMMISSION Environmental statements: Notices Payette National Forest, Idaho; Chicago & North Western Warren Planning Unit.:_____ 17766 Transportation Co. (2 docu­ Applications, etc.: ments) ____ 17813 * Florida Power & Light Co______17776 GENERAL SERVICES ADMINISTRATION Badger Lines, Inc.; petition for General Electric Co______17776 declaratory order; extension of Georgia Power Co______17777 Notices comment period______17813 Contract administration disputes; Fourth section application for re­ SECURITIES AND EXCHANGE COMMISSION legal and administrative! reme- lief ------17813 dies ______;______17788 Hearing assignments______17812 Notices Government Procurement Com­ Motor carriers: Option plans : mission; recommendation______17788 Irregular route property car­ Chicago Board Options Ex­ riers; gateway elimination___ 17791 change, Inc______17789 GEOLOGICAL SURVEY Temporary authority applica­ Hearings, etc. : Proposed Rules tions ______17809 Equity Funding Corp. of Outer Continental Shelf; oil, gas, Rates, interstate and interna­ Am erica______!______17790 Monongahela Power Co. et al_ 17790 and sulphur operations; geolog­ tional; Long Island Railroad Zenith Development Corp____ 17791 ical and geophysical explora­ Co.; investigation______17813 tions ______17758 SMALL BUSINESS ADMINISTRATION INTERSTATE LAND SALES Notices HEALTH, EDUCATION, AND WELFARE REGISTRATION OFFICE Applications, etc.: DEPARTMENT Notices Mid-South Capital Corp______17791 See also Disease Control Center; Hearings, etc.: Education Office; Human Devel­ Canyon Crest______17774 SOCIAL SECURITY ADMINISTRATION opment Office; Social Security Lake Lucie Gardens______17774 Rules Administration. Health insurance for aged and Notices JUSTICE DEPARTMENT disabled: End-stage renal disease treat­ Meetings; See Immigration and Naturaliza­ tion Service. ment facilities; interim period Protection of Human Subjects qualification and exception of Biomedical and Behavioral criteria ______17746 Research National Commis- LAND MANAGEMENT BUREAU . s io n ______17774 Notices SOIL CONSERVATION SERVICE Notices HOUSING AND URBAN DEVELOPMENT Applications, etc.: DEPARTMENT New Mexico______17764 Environmental statements on watershed projects: See Federal Insurance Adminis­ MANAGEMENT AND BUDGET OFFICE . Caston-Mountain Creek, Okla. 17767 tration; Interstate Land Sales Notices Flat Rock Creek, Ark______17767 Registration Office. Lye Creek, Ind.______17767 Clearance of reports; list of re­ Rules Norman-Polk, Minn______17767 quests ____ .______17789 Three-Mile and Sulfur Draw, Multifamily previous participation T e x ______17768 review and clearance proce­ NATIONAL ADVISORY COUNCIL ON THE dures; fire safety equipment ex­ EDUCATION OF DISADVANTAGED STATE DEPARTMENT ceptions ______17750 CHILDREN Nótices Notices Meetings: *> HUMAN DEVELOPMENT OFFICE M ee tin g______17788 Northwest Atlantic Fisheries Proposed Rules Advisory Committee______17763 Runaway youth program arid ac­ NATIONAL HIGHWAY TRAFFIC SAFETY TRANSPORTATION DEPARTMENT tivities ______„ ____... __ 17823 ADMINISTRATION See Coast Guard; Federal Avia­ tion Administration; National IMMIGRATION AND NATURALIZATION Petition for temporary exemption SERVICE Highway Traffic Safety Admin­ from safety standards: istration. Rules / Koehring Co______17775 Miscellaneous amendments to TREASURY DEPARTMENT chapter ______17743 NATIONAL OCEANIC AND ATMOSPHERIC See also Customs Service. ADMINISTRAI ION Notices INTERIOR DEPARTMENT Notices Meetings: See also Fish and Wildlife Service; Endangered species; critical habi­ Reform of International Mone­ Geological Survey; Land Man­ tat areas; designation informa­ tary System Advisory Com­ agement Bureau. tion ______17770 mittee ______17763 iv FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 The following numerical guide is a List of the pàrts of each title of the Code of Federal Regulations affected by documents published in today’s issue. A cumulative list of.parts affected, covering thè current month to date, follows beginning with the second issue of the month. A cumulative guide is published separately at the end of each monthT The guide lists the parts and sections affected by documents published since January 1, 1974, and specifies how they are affected.

7 CFR 16 CFR :Q CFR 1207— 17743 1500— 17746 P roposed R u l e s : 4 ' J O ______- 17762 8 CFR 20 CFR 45 CFR 100____ 17743 405__-.______— ____— 17746 17743 P roposed R u l e s : 103____ 24 CFR 17744 1351____— _____ 17824 238____ 200— ______17750 316a— 17744 1914 (3 documents)_____._ 17750, 17752 ¿16 CFR 9 CFR 30 CFR 32______17754 111______17754 78— 17816 p r o p o se d R u l e s : 17758 47 CFR 12 CFR 250— ______17758 97______17755 611— 17744 251— —------613 ______17744 33 CFR 50 CFR 614 ______J^74*? 117 <2 documents) 17753 p r o p o se d R u l e s : 615— 17745 197 616____ 17746 127 ; 17754 17______17757 P roposed R u l e s : 175______17762

FEDERAL REGISTER, V O L 40, N O . 78— TUESDAY, ÀÌ»RIL 22, 1975 V CUMULATIVE LIST OF PARTS AFFECTED— APRIL The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during April.

3 CFR 7 CFR— Continued 12 CFR— Continued P roclamations : 910—______15065, 16073, 16322, 17243 329— — ______._•______* ______17137 2799 (Revoked by Proc. 4360)------14567 944______* ______14891 523— ______17245 2937 (Revoked by Proc. 4360)_____; 14567 959____L —'ii-.______16211 524______— ______17245 2938 (Revoked by Proc. 4360)_____ 14567 991___ 14737 525— ------17245 2942 (Revoked by Proc. 4360)_____ 14567 1101—______17540 526______17246 2972 (Revoked by Proc. 4360)_____ 14567 1207_____ 17743 532 — ______,_.______17246 3314 (Revoked by Proc. 4360) _____ 14567 1250______15065 541— ______— 15865 4101 (Revoked by Proc. 4360)_____ 14567 1427—______16647 545— 15382, 15865, 17004, 17005, 17246 4346 (Amended by Proc. 4359)____ 14565 1430______16649 556------* ______17246 4359—______14565 1472______16213 563______* ______14738 4360 ______14567 1488______— 16322, 16327, 16329, 16331 571— ______17247 4361 ______15063 1701______16074 584— ______17005 4362 ______15861 1803—______;______16333 588______'______17247 4363______,______15863 1872____ 15065 602------—— ______14571 4364— ______16293 2710-— — ______14891 611------i______,_ 17744 4365 _____ 16641 613------_*______17744 P roposed R u l e s : 4366______:_____ 16643 614-i_:------— ______17745 4367 ______..______16829 29_— ______15390 615------£1------17745 401______14777 616— — ------17746 E x e c u t iv e O rders : 724______16671 11809 (See EO 11849)-______14887 908______16335 P roposed R u l e s : 11828 (Amended by EO 11848)— 14885 951______17151 T------14767 11829 (Amended by EO 11853) __ 17537 982______— 16852 206______15909 11847 __ 14568 1002----;______14702, 15390 217------16684,16685 11848 ______14885 1004______14702, 15390 329------16219 11849 ______14887 1033---- — ______14769, 17029 335------14947 11850 ______16187 1251______15906 541------1______15096 11851 ______i ______16645 1421______15390 545------15096 11852 ______'17239 1701______17264, 17591 556------17272 11853 _ 17537 1823— ______14776 584------16090,17044 P residential D o c u m e n t s O th e r T h a n 1842______— 15405 701------15404 P roclamations and E x e c u t iv e O rders 721------15404 8 CFR 745------, ------15404 Memorandum of March 24, I00_------_*___ 17743 1975 ______15377 103------17743 238------17744 13 CFR 4 CFR 316a______17744 121 _ ____>______17138 408 ______14737, 15865 P roposed R u l e s : 409 ______15865 103— —______16215 P roposed R u l e s : 107______P roposed R u l e s : 214------— ______15092 _ _ 14606 120 ____ 15098 10______16686 351— ______14942 9 CFR 72------16650 14 CFR 5 CFR 78------_------— ______w_____ 17816 39 ------— _____ 14739, 82------, ------17244 14740, 14891, 14892, 15085-15086, 213______15379, 16189, 17243, 17539 94------_------14571 300------_ 15379 15384, 15866, 16189-16191, 16297- 302______15380 113------17003 16299, 16831, 16832, 17006, 17138, 315______15380 P roposed R u l e s : 17139,17248,17548 890— ------14569 71 303 14740, 1001— ______14570 ______15906 381...... 15906 14741, 15086, 15385, 15867, 16050, 16299, 16650, 16651, 16832, 17006, 7 CFR 17007, 17139, 17140, 17248, 17249, 10 CFR 17549 6------16069 73_ 51___------______15381 70— i - — _____ 16047 ------— 17549, 17550 211 75_. ------—------17007 52______15890-15900 ______14738 213______91- ...... ______— 16651 220______17148 16047 215______97_. ______14893, 16300, 17140 270 ______16069 1 16295 103 ------17141 271 ------16069, 16320 P roposed R u l e s :' 121. _____a------17551 301------^ ______16070 241. ----- _ _ :------:------16652 331______16072, 17539 73______------15098 205______------14605, 17600 288 ------14893 401------a______:______;___ 15905 400. 410------^____ — — 15905 211...... 14605, 16089, 17600 ------14572 212______15041 401. ------14574 613— ------17149 425. 724------14737 213______14948 H ------—A____ 14578 728------16831 P roposed R u l e s : 731— ------14601 12 CFR 25__------— ...... ___ 15093 873— , ------16072 23------—— _____ 17135 39------16854 905— :______14889, 16210 204— ______——______17136 71— ------14780, 907 __ 14889, 16073, 16212, 17149, 17540 213— ______17136 14781, 15094, 15399, 15400, 15907, 908 ------14890, 217______16831 16088* 16089, 16217, 16345, 16346, 16211, 16213, 16321, 17150, 17540 309...... — 17004 16854, 17264, 17265, 17596

Vi FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 197S FEDERAL REGISTER

14 CFR— Continued 19 CFR— Continued 24 CFR— Continued P roposed R u l e s — Continued 113_.___ 14749 1915— ______- ____ 14754, 73 15907 133______——______17151 16192, 16193, 16193, 16303, 16304. 75 ~______14781 141______17151 16842,17015,17017 121—______17156 153—______;______;______14591 P roposed R u l e s : 135____ — ______- ____ 16347 P roposed R u l e s : 1917______16345,16674-16676 207 ____ - ______17039 112 _____ 15389 25 CFR 208 ______17039 113 ______——______15389 212______- _____ - ____- ___— 17039 41______17022 214______— ______17039 20 CFR 43k______— ______14592 217______17039 10— _____ 14750 P roposed R u l e s : 221______17596 405______14591, 14934, 17746 2211______17029 2411______— ______17039 P roposed R u l e s : 249______17039 26 CFR 372a______17039 405______14934, 16673, 17151 Ch. I — ______16835 378_____— ______— - 17039 21 CFR I — ______16663 _ 378a______17039 6______— ------______16662 10______—______17554 389______— _____.-£u. 17039 8______^______.______15087 I I — ______17555 15 CFR 121______14905 31______17144 350___.______— 14921 123______— ______— 14592, 17142 301______1______15090 355____— TI.______14925 312______16053 P roposed R u l e s : 377______*______1 15867 431______15088 500— ______14930 436____— ______I ______15088 1_2______— _ 14767, 17576, 17588 920—______16832 440______—— ______15088 31— ___ 17028 444______— 14906 P roposed R u l e s : 27 CFR 448 ______„15088 803______I — 14603 449 _ 15089 Ch. I ______:___...... 16835 16 CFR 701______„ 16192 29 CFR 1 ______15232, 15233, 17008 740— ______^_____ :__ 16192 2 ______15235 1030______14750,16663 90— ______14908 3 ______15234, 15236 1301___ !______— - 17142 91______16304 92— ______16304 4 ______P roposed 15235, 15236R u l e s : 13______1457^-14582, 670______— 16063, 17146 27—______16085 694—______15875 14741, 14894-14904, 15385, 15386, 630_____ 17151 15868-15872, 16050, 16191, 16300, 726— ______16063, 17146 1301______16082 1208____— ______17022 16654 1308______.__ 16082 302______14584, 16654 1601____ 16193 1500______16191, 17746 1913______15876 P roposed R u l e s : 22 CFR 1952— ______16843 2300— ______;____ _ 14593 1___ 15237 1______15392 3 ______15239 3— ______I ______15392 P roposed R u l e s : 4 ______4— ______16082 15245 P roposed R u l e s : 444_. 16347 1910— — ___ 15390, 16217, 16336 8— ______15060 1500. 17157 1926______15390 1952_____ 16853 17 CFR 23 CFR 1______- — 17406 1______16057 30 CFR 150______15086 140——______—______16057 P roposed R u l e s : 200______14748, 16052, 17008 420__ — _____ 17554 250______:_...... 17758 250______17249 630______17554 251______17758 P roposed R u l e s : 635— ______14906, 17251 31 CFR 150______15907 646______16059 90_____— ______16844 240__LÍ______;_ 16090 662—______,__ 14907 93______,v______16844 275_t______14782 820-____ 16301 100— ______16844 18 CFR £4 CFR 121— ______16844 500_____ 17262 i ______:___ 17553 200— ____ 17750 3______16300 300_____— ______14753 P r o po ses R u l e s : 260______17553 570------__l_------15089,16663 210—— — — — — ----- 16669 301— ______14749 800____ 15580 801— — _____ 15580 32 CFR P roposed R u l e s : 802— ______L__—_ 15580 40— ______16194 Ch. I______15402 803 _ 15580287___ 16203 2______16220 804 ______t _____,_____ 15580 765— ______16314 35______14606 880_____ 15580 856______s c ______— 14758 * 101______14606 881— ______15580 1803______r,___ - ____ —______16314 104— ______14606 882— ______15580 P roposed R u l e s : 141______15402, 16684 883— — ^______15580,16934 154______14606 641— ___ 16850 ______888— ____ .__ 15580 202 _____ 14606 889:____ 15542 204______14606 33 CFR 260_j______16684 890______17008 82______17022 1700______14753 117______14594,15093,17753 19 CFR 1914— ______14599-14601 127______17754 6------15386 16192, 16193, 16303, 16304, 16835- 209____ 17023 22______14749 16841, 17750, 17752 380.______14761

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 vii FEDERAL REGISTER

33 CFR— Continued 41 CFR— Continued 46 CFR— Continued P roposed R u l e s : P roposed R u l e s : P roposed R ules—Continued 117—...... ____ 14604, 15903 Ch. 9______16677 58------14935, 16676 175______17762 Ch. 60— ______14953 63------_s ------14935,16676 266 . ______14872 3-16—. ------16337 74______17154 34 CFR 93------17154 42 CFR Subchapter M ______17154 P roposed R u l e s : 57—______14762, 17252 502------_ ------15097 235 _ ...... 16855 550— ______— 15401 P roposed R u l e s : 47 CFR 36 CFR 57______14932 82— . . . . ______17029 Ch. I...------17130 7______14912, 16315 0 ------— 14764, 17253, 17724 214 ______16316 43 CFR 1 ------15883, 16394, 17146, 17255 270______— 17556 2 ------17256 P u b l ic L an d O rders: 603...... ______15877 15------— ______15091, 15881 604______- 15877 5494...... 16066 73------15546, 5495—— ____ 16667 15882-15889, 16667,17026, 17256, P roposed R u l e s : 5496_____ ^______16208 17259, 17260 231______16335 P roposed R u l e s : 76...... 15546,17724 97— ------— _ 17256, 17755 38 CFR 4------— 14603 2650— ______— ______14603 P roposed R ules : 3______16064 1______16968 P roposed R u l e s : 45 CFR 73______14943- 14947, 15907,15908, 16680, 16682, 1_...... 14783 112 ------16013 17042, 17269, 17270, 17598 113 ----- 16015 3______— 16092 76—______15574, 16683, 16684, 17270 114 --- . . . . 16019 87------17271 39 CFR 115 ------— ------16032 P roposed R u l e s : 151—______— ______14762 49 CFR 154— ------14917 111______15909,16686 1_------— ------14764 155______•______— 14918 215...... 17573 158------_------17712 40 CFR 310_------— ______14919 190...... 15248 571______14765, 17574 6______16814, 237------16667 1033______X_.___ 14765, 14766 jg 27123" 249 ______14597 1036______16846 52______14595, 15879, 16844^ 16845 250 -----1------14597, 15388 1124______;______17147 65______14876 1201...... ___ 17023 1126______16066 85______16667 1216______16208 1201______15388 180______14496, P roposed R u l e s : ' P roposed R u les : 14597, 15387, 15880, 17146, 17557 160c______17394 Ch. II ______17265 408______r ______16204 204_____ 16672 571___ — _ 16217, 16584, 17036, 17266 228______._ 16802 575------;______17039 P roposed R u l e s : 250— ------— 15093 1056______17044 52 15094 156______16086 1201 ______17272 15095” 16218~ 16680, 17157, 17597 704_____ 17267 1202 ______17272 408______15096 1222______16676 1203 ______17272 414j ______17041 1351— ______17824 1204— 1______17272 450______— ______17762 1205 ______17272 46 CFR 1206 __ 17272 41 CFR 32.,------— _____ 17754 1207 ______17272 l-3 ______15880 40_____ 17024 1209 ...... ,___...... 17272 1-7______14913, 17558 111...... -______17754 1210 ...... 1— ------17272 1241------_____ 15402 1- 12— — 1— 14913 151______17024 1-15—______14913 380______14599 1249 ------15402 1-30______14917 528.------—_____ 14599 1250 ------15402 3-1______16319 533------14599 1251 ------15402 3-8______16319 P roposed R u l e s : 50 CFR 5A-2______16847 10------— ------17575 5A-7_...... 16847 12______— ...... 16676 28------17261 5 A -16______16847 30______17592 32 - 14920 7-1______16205 31—______17154 33 ______14766, 14920, 16210, 16320 7-6______16205 32______14935, 16676, 17592 280______16210 7-7______16205 34______17592 7-16______16206 50...... 14935,16676 P roposed R u l e s : 7-30-______16206 52 ...... 14935,16676 17______14767,17590, 17757 9-9______16848, 17573 53 ------14935,16676 20------— ______17263 14-3______15091 54 ...... 14935,16676 227...... 14777 109-1______15091 56...... 14935,16676 251...... 14778, 14779,16216

y i i i FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 FEDERAL REGISTER

FEDERAL REGISTER PAGES AND DATES— APRIL Pages Date 14565-14735______Apr. 1 14737-14883______2 14885-15062______— 3 15063-15376______4 15077-15859______7 15861-16046______8 16047-16186______£______9 16187-16291______10 16293-16640______11 17537-17742______- 21 16641-10827____1______14 17003-17134______16 17135-17238______17 17239-17535______18 17537-17742______21 17743-17827______- 22

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 i x

17743 rules one! 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 flfst FEDERAL REGISTER issue of each month.

Title 7— Agriculture tional Potato Promotion Board for its wherever appropriate, section 552(b) (3) maintenance' and functioning and for where the material is specifically ex­ CHAPTER XI— AGRICULTURAL MARKET­ empted from disclosure by statute. ING SERVICE (MARKETING AGREE­ such purposes as the Secretary deter­ mines to be appropriate will amount to In Part 238, § 238.4 is amended by MENTS AND ORDERS; MISCELLANE­ deleting from the listing of transporta­ OUS COMMODITIES), DEPARTMENT $2,332,437. OF AGRICULTURE ***** tion lines, for preinspection outside the United States, “ at Bermuda” the follow­ PART 1207— POTATO RESEARCH AND (Title i n of Pub. Li. 91-670; 84 Stat. 2041; 7 U.S.C. 2611—2627)- ing transportation line: “Atlanta Sky­ PROMOTION PLAN larks Air Travel Club”*, which was listed Increase in Expenses Dated: April 16,1975. in error in that this was a single flight approval and not subject to listing in 8 Notice was published in the March J o h n C. B l u m , Associate Administrator. CFR 238.4. 8®, 1975, issue of the F ederal R egister In Part 316, § 316a.2 is amended by (40 FR 14320) regarding a proposed in­ [FR Doc.75-10433 FUed 4-21-75;8:45 am ] adding hi alphabetical sequence the fol­ crease in expenses of $156,500 recom­ lowing institution of research: “Tulane mended by the National Potato Promo­ Title 8— Aliens and Nationality University Graduate School”. After an tion Board for its fiscal period ending CHAPTER I— IMMIGRATION AND NATU­ appropriate investigation, interview and June 30, 1975. The Potato Board was RALIZATION SERVICE, DEPARTMENT review of documentation it has been established pursuant to the Potato Re­ OF JUSTICE determined that the Tulane University search and Promotion Act (7 U.S.C. Graduate School is recognized as an 2611-2627). : MISCELLANEOUS AMENDMENTS TO CHAPTER American institution of research within The notice afforded interested per­ tile purview of § 316a.2. sons an opportunity to file written Pursuant to section 552 of Title 5 of In light of the foregoing, the following comments not later than April 14, 1975. the United States Code (80 Stat. 383) as amendments to Chapter 1 of Title 8 of None was filed. amended by Pub. L. 93-502 (88 Stat. the Code of Federal Regulations are here­ Due to heavy demand from consumers, 1561) and the authority contained in sec­ by prescribed: the current stock of potato cookbooks tion 103 of the Immigration and Nation­ was nearly depleted by the end of ality Act (66 Stat. 173; 8 U.S.C. 1103), 28 PART 100— STATEMENT OF ORGANIZATION March. The .Administrative Committee CFR 0.15(b) and 8 CFR 2.1, miscella­ voted to budget an additional $80,000 neous amendments, as set forth herein, J 100.4 [Amended] to print 500,000 more. Also, the Execu­ are prescribed in parts 100, 103,.238, and Section 100.4(c) (2> is amended by tive Committee at its March 7-8 meet­ 316 of Chapter 1 of Title 8 of the Code deleting the Inspection Station at St. ing in Denver and the Administrative of Federal Regulations. Clair, Michigan, from District No. 8, Committee in a telephone vote'com ­ In § 100.4(c) (2) of Part 100 Ports of Class A, as it no longer exists. pleted March 18 recommended that an entry in District No. 8—Detroit, Michigan additional $76,500 be provided for the is being updated to eliminate the St. radio advertising portion of the potato Clair, Michigan Immigration Inspection PART 105:— POWERS AND DUTIES OF value campaign to continue for two Station as it no longer exists, as the re­ SERVICE OFFICERS; AVAILABILITY OF more weeks. sult of an Urban Renewal Program, the SERVICE RECORDS This increase will result in Potato site has been converted into a waterfront § 103.10(b) (2) is being amended to Board expenses of $2,332,437 for the park. redelegate to the same officials who are fiscal period ending June 30, 1975. In Part 103, § 103.10(b) (2) is amended empowered to deny Freedom of Informa­ After consideration of all relevant by adding a new second sentence as fol­ tion Act requests, the exercise of discre­ matter, including the proposal set lows: “They shall also have authority, tion and direct disclosure when they forth in the notice, it is hereby found in the exercise of discretion, to waive the deem it appropriate under section 264(b) that the increase in expenses will tend exemption of a record from disclosure of the Act— [8 U.S.C. 1304(h)]. As to effectuate the declared policy of the under 5 U.S.C. 552(b) (3) in that it is amended, § 103.10(h) reads in pertinent act. within the purview of section 264(b) of part as follows: It is hereby found that good cause the Act, 8 U.S.C. 1304(b).” The purpose exists for not postponing the effective of this amendment is to redelegate to the § 103.10 Requests for records. date of this section until 30 days after same officials who are empowered to deny * * * * * publication in the F ederal R e g ister (5 Freedom of Information Act requests, so U.S.C. 553) in that (1) funds need to be that they will be free to exercise discre­ (b) Authority to grant and deny expended for these two projects short­ tion and direct disclosure when they requests. ly; (2) the increases were recommended deem it appropriate under section 264(b) * * * * * by the National Potato Promotion Board of the Act, 8 U.S.C. 1304(b) , which pro­ (2) Denials. The Associate Commis­ vides: . and (3) information regarding this in­ sioner, Management, regional commis­ crease in expenses was published in the AIL registration and fingerprint records sioners, and district directors have au­ F ederal R egister on March 31, 1975. made under the provisions of this title shall The amendment is as follows; be confidential, and shall be made available thority to deny a request. They shall also Revise § 1207.403(a) (39 FR 22941; only'to such persons or agencies as may be have authority, in the exercise of dis­ 40 FR 11860) as follows: designated by the Attorney General. cretion, to waive the exemption of a record from disclosure under 5 U.S.C. § 1207.403 Expenses and rate o f assess­ When a Freedom of Information re­ ment. quest is denied under 5 U.S.C. 552(b) (6) 552(b) (3) in that it is within the pur­ view of section 264(to> of the Act, 8 (a) The reasonable expenses that arebecause disclosure would constitute a likely to be incurred during the fiscal clearly unwarranted invasion of personal U.S.C. 1304(b). period ending June 30, 1975, by the Na­ privacy, it is Service policy also to invoke, * * * * *

FEDERAL REGISTER, V Q t. 40, NO. 7 » — TUESDAY, APRIL 22, 1975 17744 RULES AND REGULATIONS

PART 238— CONTRACTS WITH By a notice published in the F ederal tions of the Farm Credit System shall TRANSPORTATION LINES R eg ister on February 18,1975, interested be observed by Farmbank Services. § 238.4 [Amended] persons were afforded the opportunity to file written comments or suggestions „ § 238.4 is being amended to delete on the proposed amendments except ( 1) PART 613— ELIGIBILITY AND SCOPE therefrom the following transportation and (11) not later than March 17, 1975. OF FINANCING line: “Atlanta Skylarks Air Travel Proposed amendments (1) and (11) were 4. Section 613.3040 is revised as fol­ Club” . not included because they are not appli­ lows : cable to the public at large. All comments PART 316a— RESIDENCE, PHYSICAL were considered prior to the final action § 613.3040 Rural residents. PRESENCE AND ABSENCE on the proposed amendments by the (a) Definitions. A rural resident is a § 316a.2 [Am ended] Federal Farm Credit Board. Copies of person residing in a rural area who all communications received are available meets the eligibility requirements § 316a.2 is being amended by adding in for examination by interested persons in enumerated below. alphabetical sequence the following in­ the Office of Director, Information Divi­ (b) Eligibility. Eligibility require­ stitution of research : “Tulane Univer­ sion, Office of Administration, Farm ments for the rural home lending pro­ sity Graduate School”. Credit Administration. gram are as follows: (Sec. 103, 66 Stat. 173; 8 UJ3.C. 1103) Chapter V I of Title 12 of the Code of ( 1) The applicant shall become an Compliance With the provisions of sec­ Federal Regulations is amended by re­ owner-occupant of the rural residence. tion 553 of Title 5 of the United States vising § 611.1020, adding § 611.1055 and being financed. He shall not have loans under this program on more than one Code (80 Stat. 383) as to notice of pro­ § 611.1150, revising § 613.3040, para­ posed rule making and delayed effective graphs (a) and (b) of § 614.4180, para­ rural residence at any one time and no date is unnecessary in this instance and graph (a) of § 614.4230, § 614.4250, delet­ loan shall be made to purchase or con­ would serve no useful purpose becaùse ing Subpart L heading, §§ 614.4370, 614.- struct a rural residence for the express purpose of rental or resale. the amendment to § 104.4(c) (2) relates 4380, 614.4390, 614.4400, 614.4410, 614.- to a station no longer in existence; the 4420, and 614.4430, revising paragraph (2) For the purposes of nonfarm home lending only, a rural area is open country amendment to § 103.10(b) (2) relates to (d) of § 614.4510, paragraph (a) of agency management and organization; § 615.5120, and § 615.5500, deleting § 615.- which may include rural subdivisions or any city or village with a population not the amendment to § 238.4 deletes from 5510, and revising § 616.6030. These the list of preinspection transportation amendments are as follows: exceeding 2,500 persons. A rural area does not include cities, subdivisions or villages lines one which had been listed in error; PART 611— ORGANIZATION and the amendment to § 316a.2 adds associated With a larger population cen­ 1. Section 611.1020 is revised as ter. The intent is to avoid lending in con­ another school as an American institu­ follows: » tion of research, recognized foi naturali­ centrated, high density, residential areas zation purposes. § 611.1020 Compensation of district or villages which are a part of an board members. urbailizing area surrounding or immedi­ Effective date. The amendments made ately adjoining an urban area of a larger in this order shall become effective on Directors may be compensated for at­ population center. Rural areas may in­ April 22,1975. tendance at board meetings and special clude open areas which are undeveloped Dated: April 15,1975. assignments, including reasonable travel for housing and still devoted to agricul­ time from and to their residences. Such tural use within other political bound­ L. F. C h a p m a n , Jr., compensation shall not exceed $90 per aries, including “towns” exceeding 2,500 ’ Commissioner of day plus reasonable travel, subsistence, persons, designated by the district board Immigration and Naturalisation. ^ and other related expenses incurred in and approved by the Farm Credit [F R Doc.75-10476 Filed 4-21-75;8:45 am] connection with such meetings and as­ Administration. signments. Compensation at the regular (3) Within rural areas, eligible prop­ Title 12— Banks and Banking per diem rate for normal travel time to erties include individual sites as well as and from board meetings and special sites in rural subdivisions whose design CHAPTER VI— FARM CREDIT assignments, when the distance and ADMINISTRATION shall encourage orderly development. meeting or special assignment schedule The bank shall establish appropriate Miscellaneous Amendments to Chapter involved require travel on any portion policies subject to approval of the dis­ of the day prior to or following the meet­ The Farm Credit Administration, by trict board for eligible subdivisions. ing or special assignment date, may be its Federal Farm Credit Board, took final (4) A rural residence is a single-fam­ allowed on a full-day basis, or on a part action on amendments to its regulations ily, moderate-priced dwelling used as a of a full-day basis in increments of half­ and authorized their issuance effective permanent, year-round home, with ap­ days, as authorized in a policy estab­ propriate appurtenances and an appro­ April 9, 1975. These amendments would lished by the board. Travel time in ex­ ( 1) clarify computation of compensation priate site. Rural residences may include cess of one full day may be permitted of district board members, (2) require conventional housing, modular housing, under unusual conditions if provided for minutes to be kept of meetings of the or mobile homes which are related to a Governing Body of Farmbank Services, in the policy of the board. ' specific real estate site. A moderate- (3) clarify the applicability to Farmbank 2. Section 611.1055 is added to read as priced dwelling is adequate but not in Services of regulations issued for Farm follows : excess of the living standards of persons Credit institutions, (4) revise rural home in the middle range of income, and not § 611.1055 Minutes of Governing Body inconsistent with the general quality and lending program requirements and limi­ o f Farmbank Services. tations, (5) clarify limitations on maxi­ standards of, housing existing in, or mum loans, (6) clarify what may be se­ The Governing Body of Farmbank planned for, that area of the Farm Credit curity for Federal land bank loans, (7) Services shall keep full and accurate district. Due to the wide variations in clarify what may be security for produc­ minutes of its meetings. Two copies of housing costs, income levels, and area tion credit association loans, (8) restate the minutes of the Governing Rody shall standards for housing, the value level criteria to be included in loan servicing be sent to the Farm Credit Administra­ which constitutes moderate-priced hous­ policies, (9) restate requirements for in­ tion within 2 weeks after the meetings. ing will vary between localities. surance on shipments of valuables, ( 10) (c) Scope of financing. Loans may bo delete regulation dealing with reports of 3. Section 611.1150 is added to read as made to owner-occupants of rural resi­ insured shipments of valuables, ( 11) au­ follows: dences for the purposes of buying, build­ thorize retirees of Farm Credit institu­ § 611.1150 Farmbank Services. ing, remodeling, improving, repairing and tions to purchase Farm Credit Invest­ refinancing existing indebtedness on such ment Bonds, and (12) restate coordina­ All applicable regulations published residences. The total amount of credit tion policies for rural home lending. and issued for the banks and associa­ that may be extended by Farm Credit

FEDERAL REGISTER, V O L 40, NO . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17745 institutions for eligible purposes shall (b) The outstanding loan balance ongranting partial releases, or other loan not exceed 85 percent of the appraised any loan shall not at any time during servicing actions when the loan, subse­ value of the rural residence security. the life of the loan exceed 85 percent of quent to the action, will be at least as (d) Program limitations. - The rural the appraised value established by the well secured as it was prior to the action. home lending program shalL be oper­ most recent appraisal report on the pri­ (c) Before taking a real estate mort­ ated within the following limitations: mary real estate security. This shall not, gage, the association shall consider ( 1) Rural home lending in a district however, prohibit protecting the secur­ whether all or a portion of the credit may be implemented only with the ap­ ity position by advancing taxes, advanc­ needs might be met more satisfactorily proval of the district board. Implemen­ ing insurance premiums, rescheduling by a real estate mortgage loan such as tation at the association level is within loan payments, granting partial releases, may be obtained through a Federal land the discretion of the association board. or other loan servicing actions when the bank association in accordance with dis­ Upon implementation, such loan service loan, subsequent to the action, will be at trict board policies established under shall be made available to all eligible least as well secured as it was prior to § 616.6020 of this chapter. persons. the action. (d) Recovery value shall be the basis (2) No Federal land bank may at any * * ♦ * * for measuring the collateral worth of time have outstanding rural residence nonreal estate security. The value of in­ 6. Section 614.4230(a) is revised as terest in real estate which constitutes loans in an amount exceeding 15 percent follows: of the total of all loans outstanding. No primary security shall be the appraised production credit association may have § 614.4230 Federal land banks. value as determined- within approved ap­ outstanding rural residence loans in an (a) Primary security for a Federal praisal standards. amount exceeding 15 percent of its total land bank loan shall consist of a first lien Subpart L— [Reserved] loans outstanding at the end of the pre­ on interest in real estate. In the case of §§614.4370, 614.4380, 614.4390, 614.- ceding fiscal year, without prior approval nonfarm rural home loans, the primary by the Federal intermediate credit bank 4400, 614.4410, 614.4420, 614.4430 security shall be a first lien on the rural [Reserved] of the district, nor shall the aggregate of residence being financed. The real estate such loans exceed 15 percent of the out­ interest must be mortgageable interest 8. Subpart L consisting of §§ 614.4370 standing loans of all associations in the under deeds or leases which reasonably et seq. is reserved. district at the end of the bank’s pre­ may be considered adequate to afford the 0. Section 614.4510(d) (1) is revised as ceding fiscal year. security of a first lien upon the rights follows: (3) Whenever any Federal land bank and interest on which the loan is predi­ association or production credit associa­ § 614.4510 General. cated. Collateral closely aligned with, an * * * * * tion exceeds 15 percent of its total loan integral part of, and normally sold with volume in rural residence loans, the re­ real estate may be included in the ap­ (d) In the development of the bank spective bank board' shall require the praised value of the security upon which and association policies and procedures, bank to make periodic reviews to assure a loan is based. Appraised value shall be the following criteria shall be included: that farmers’ credit needs are being ade­ determined within approved standards (1) Term loans. The objective shall be quately served in accordance with the and shall include in the evaluation either to provide borrowers with prompt and objectives of the Act. farmlands, eligible farm-related busi­ efficient service with respect to justifiable (4) Should circumstances arise which nesses, or eligible rural residences, which­ actions in such areas as personal liabil­ curtail loan funds for the System, agri­ ever is appropriate for the type of loan ity, partial release of security, insurance cultural loans shall receive priority to the being made. requirements or adjustments, loan di­ vision or transfers, conditional payments, exclusion of rural home loans. * * * * * (e) Identification. All loans made un­ extensions, deferments or reamortiza- der the rural home lending program shall 7. Section 614.4250 is revised to read tions. Procedures shall provide for ade­ as follows: be separately identified. quate inspections, reanalysis, reappraisal, (1) In making such identification, a § 614.4250 Production credit associa­ controls on payment of insurance and rural residence is a property which does tions. taxes (and for payment when neces­ sary) , and prompt exercise of legal op­ not have the capacity to produce farm (a) Both secured and unsecured loans products for sale on a sustained basis, tions to preserve the lender’s collateral may be made in accordance with pro­ position or guard against loss. The policy or if it has that capacity is not intended cedures prescribed by the bank. Nor­ to be used in that manner. shall provide a means of forbearance for mally, primary security taken will con­ cases when the borrower is cooperative, (2) Housing loans for homes used in sist of first liens on personal property making an honest effort to meet the con­ farming operations or immediate family and crops. While it is not intended that ditions of the loan contract, and is ca­ needs to farmers and ranchers may be associations will ordinarily make first pable of working out of the debt burden. identified as farm loans if the borrower’s lien real estate mortgage loans to Loan servicing policies for rural home agricultural operation represents more farmers, real estate or other security loans shall recognize the inherent dif­ than 50 percent of his total business. may be taken when deemed necessary ferences between agricultural and rural Such loans are not subject to the area for the protection of the association in home lending. and price limitation of § 613.3040(b) or making short- and intermediate-term the 15 percent limitation of § 613.3040 loans for eligible purposes. * * * * * chase “Farm Credit Investment Bonds The basis of approval shall set out the of the loan exceed 85 percent of the ap­ shall be limited to members and em­ terms and conditions under which a loan praised value established by the most re­ ployees of the Farm Credit banks and as­ is approved. When necessary to assure cent appraisal report on the primary real sociations, except any bank officers, di­ proper understanding, provide needed estate security. This shall not, however, rectors, and employees who are involved controls, and protect the lender, a formal prohibit protecting the security position in setting the term or rate, to retired em­ y/ritten loan agreement shall be devel­ by advancing taxes, advancing insurance ployees who are beneficiaries of a pen­ oped between the borrower and the bank. premiums, rescheduling loan payments, sion or retirement program of the Farm.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17746 RULES AND REGULATIONS

Credit banks or associations, and to em­ priate lending authorities and relation­ Appendix to Subpart B, containing in­ ployees and retired employees o f the ships. terim period exception criteria and Farm Credit Administration except offi­ (a) Federal land banks should finance guidelines, which are for use in evaluat­ cials precluded by regulations. A mem­ the purchase or construction of rural ing certain requests under the interim ber of a Farm Credit association or a residences where the owner requires long­ regulations. bank for cooperatives need not be an ac­ term financing. Production credit associ­ The publication of the notice of pro­ tive borrower to be eligible. A member ation lending, while not excluding the posed rule making did not affect the ap­ of any Farm Credit institution may pur­ purchase or construction of conventional plicability of the regulations which were chase investment bonds from any of the homes, should emphasize remodeling and published on June 29, 1973, which will institutions in the district which offer repair of permanent homes and financing continue in full force and effect as re­ the purchase program. Patrons, mem­ mobile homes where the owner needs published below. Neither this document bers, employees, or stockholders of other intermediate-term financing. nor the previous Notice of proposed rule financing institutions discounting loans (b) The same appraisal' standards, making affect §§ 405.104, 405.402(g), or with the Federal Intermediate Credit forms and procedures .shall be used by 405.502 (e)^ of the interim regulations Bank or of any legal entity which is a both Federal land bank associations and published "on June 29, 1973. If amend­ borrower ^rom any Farm Credit institu­ production credit associations. ments are made in such sections, they tion as such are ineligible as they are (c) Uniform procedures regarding the will be published under the Notice of not members of a Farm Credit institu­ closing of rural home loans shall be pre­ Proposed Rule Making procedure. tion. Stock or participation certificates scribed by the supervising banks. In addition, attention is invited to the shall not be sold merely to qualify a (Secs. 5.9, 5.18, 5.26, 85 Stat. 619, 621, 624) fact that the regulations published below party for the purchase of Farm Credit remain “ interim” regulations, designed Investment Bonds. For purposes of this W . M . H ar d ing , to apply to the initial implementing stage section “member” means a stockholder Governor, of the End-Stage Renal Disease Pro­ or participation certificate holder who Farm Credit Administration. gram, and will be replaced by long-term acquired stock or participation certifi­ [P R Doc.75-10472 Piled 4-21-75;8:45 am ] regulations to be published in Subpart U cates to obtain a loan, to purchase stock after publication as Notice of Proposed for investment or to qualify for other Title 16— Commercial Practices Rule Making. Such publication is ex­ services of the association or bank. A pected to be issued in the near future and person who assumes a loan is not a mem­ CHAPTER II— CONSUMER PRODUCT will include a 30-day comment period. SAFETY COMMISSION ber unless he becomes a stockholder or The October 4, 1974, notice of pro­ participation certificate holder in con­ SUBCHAPTER C— FEDERAL HAZARDOUS posed rule making gave interested per­ nection with that loan. Employee means SUBSTANCE ACT REGULATIONS sons until November 4, 1974, to submit a regular full-time employee of a Farm PART 1500— HAZARDOUS SUBSTANCES written comments or suggestions there­ Credit bank or association or the Farm AND ARTICLES; ADMINISTRATION AND on, Comments and suggestions received Credit Administration. Retired employee ENFORCEMENT REGULATIONS as a result of that notice of proposed rule means a retiree who is a direct bene­ making have been reviewed, and it has ficiary of a pension or retirement pro­ Test Methods for Simulating Use and been concluded that, for purposes of the gram of a Farm Credit bank or associa­ Abuse of Toys, Games, and Ollier Ar­ ticles Intended for Use by Children; interim period, the regulations as pub­ tion or the Farm Credit Administration Corrections lished in proposed form are appropriate. under civil service retirement. Correction However, the comments will be consid­ * * * * * ered in the development of the long-term 11. Section 615.5500 is revised as fol­ In FR Doc. 75-9334, appearing at page regulations discussed above. Only edi­ lows : % 16191, in, tiie issue for Thursday, April torial changes and corrections in the 10, 1975, on page 16192, in paragraph k., October 4,1974, proposal have been made § 615.5500 Shipment of valuable». correcting § 1500.51(f) (1) (ii) the second in this amendment. The comments re­ Shipments of valuables including fully line should read “ ‘ (4.55 kilograms' to ceived included suggestions and recom­ executed, uncanceled coupon bonds and read ‘ (4.55 kilo-.’ ” mendations that would appear in some uncanceled registered bonds which have instances to require a legislative amend­ been endorsed in such a manner or are Title 20— Employees' Benefits ment to be effectuated or would be more accompanied by such detached powers of properly addressed in other subparts of attorney or assignments as to require no CHAPTER III— SOCIAL SECURITY ADMIN­ Regulations No. 5 or concerned the need further action before their negotiation ISTRATION, DEPARTMENT OF HEALTH, for a more detailed definition of certain EDUCATION, AND WELFARE by any holder could be accomplished, by terms, which would be restudied in the the Federal land banks, the Federal land [Regs. No. 5, further amended] preparation of long-term regulations and bank associations, the Federal interme­ PART 405— FEDERAL HEALTH INSUR­ additional operating instructions. The diate credit banks, banks for cooperatives, ANCE FOR THE AGED AND DISABLED comments referred to payment for home and the production credit associations, (1965....— ) dialysis helpers, earlier beneficiary en­ when made to or by the assured or to or Interim Period Qualification and Exception titlement, a longer period of post-trans­ by others for the account of the assured, Criteria To Be Applied to Services of plant entitlement, the adequacy of cer­ shall be covered by an insurance policy Facilities Providing Treatment for End- tification and appeals procedures and entitled open registered mail and express Stage Renal Disease reimbursement principles, the role of policy No. FCA 125. Details for imple­ State and local planning agencies, the menting coverage under the open regis­ On October 4, 1974, there was pub­ educational and certification require­ tered mail and express policy shall be lished in the F ederal R eg ister (39 FR ments for facility personnel, and the need issued by the Farm Credit Administration 35814) a notice of proposed rule making for more specific criteria for measuring In the form of a letter of instruction. with proposed amendments to Subparts such factors as “substantial increase in A and B, Regulations No. 5, regarding services”. § 615.5510 [Deleted] implementation of section 2991 of Public 12. Section 615.5510 is deleted. Law 92-603 entitled “ Chronic Renal Dis­ (Sections 226(g), 1102, 1861(b), 1861 (s), ease Considered to Constitute Disability". 1862, 1871, 86 Stat. 1464, 49 Stat. 647. as The notice included: ( l ) A republication, amended, 79 Stat. 325, 79 Stat. 331, 42 U.S.C. PART 616— COORDINATION 426(g). 1302, 1395x(b), 1395x(s), 1395y, as proposed regulations, of certain pro­ 1395hb.) 13. Section 616.6030 is revised to readvisions of the regulations published on as follows: June 29, 1973 (38 FR 17210), which set Effective date. Since these amendments forth requirements under which facili-> repromulgate existing interim regula­ § 616.6030 Rural home lending. ties qualify under the End-Stage Renal tions without substantial change, and re­ Coordination policies relative to rural Disease Program; and (2) an initial pub­ publish (in the Appendix to Subpart B >, home lending shall define the appro- lication in the F ederal R e g ist e r of an existing criteria and guidelines which

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17747 have previously been published in an­ (h) Prosthetic devices (other than been shown to be positively correlated with other format, delaying the effective date dental) which replace all or part of an adequate economies of scale and favorable patient and graft outcome. While such per­ of these amendments would serve no pur­ internal body organ, including replace­ formance is not required during the interim pose. Accordingly, there is good cause to ment of such devices (with respect to period, similar performance may be a require­ publish these amendments concurrently items furnished on or after October 30, ment of the long-range program.) with their effective date. Therefore, these 1972, such devices include colostomy bags 1. The facility is expected to perform a suf­ amendments shall be effective April 22, and supplies directly related to colostomy ficient number of transplants. Compliance 1975. care). With respect to renal dialysis fa­ with this criterion requires the following: cilities, during an interim period begin­ a. The hospital has a sufficient number of (Catalog of Federal Domestic Assistance Pro­ ning July 1, 1973, for facility dialysis beds to meet the intensive and acute care gram No. 13.800, Health Insurance for the requirements of its End-Stage Benal Disease Aged— Hospital Insurance; No. 13,801, Health services rendered on and after that date (ESBD) patients. Insurance for the Aged—Supplementary and until regulations setting forth re­ b. The hospital has an adequate number of Medical Insurance.) quirements for these facilities are pro­ qualified personnel to meet the requirements mulgated and applied, coverage is limited Dated: April 4,1975. of its ESBD patients. to the services of those facilities which c. The hospital provides inpatient acute J. B . C a r d w e l l , on June 1, 1973, have been providing (back-up) dialysis* services to support the Commissioner of Social Security. the services and which have not substan­ transplant program. d. The hospital offers both living related Approved: April 11,1975. tially increased such services or which have, in the opinion of the Secretary, donor (LBD) * and cadaver donor (CD) transplant* services. C aspar W . W e in b e r g e r , demonstrated the need for and appro­ e. The unsatisfied demand for services in Secretary of Health, Education, priateness of their assumption of or in­ the area and the availability of suitable and Welfare. crease in the provision of such services, in donor organs is such that there is a likeli­ Part 405 of Chapter m of Title 20 of an effective and economical system of hood that a reasonable scale of operations the Code of Federal Regulations is end-stage renal disease treatment, and (at least 15 transplants) can be expected to which also meet one of the following re­ be attained within one year. amended as follows: 2. The facility demonstrates a capacity to 1. Section 405.116 is amended by re­ quirements: (1) The facility is part of a partici­ perform with high quality. Compliance with vising paragraph (g) to read as follows: this criterion requires; pating hospital; or a. Minimal personnel requirements. (1) A §405.116 Inpatient hospital services; (2) It is a free-standing facility which licensed physician is responsible for direct­ defined. meets the following conditions— ing, planning, organizing, and conducting * * * * * (i) Meets State or local licensure re­ transplant services, and devotes sufficient (g) Services in. connection with kid­quirements, if any, time to carry out these responsibilities. This ney transplantation. With respect to (ii) Is a facility in which treatment is physician is board certified in surgery (by services rendered in connection with kid­ under the general supervision of a phy­ any American Medical Association or Ameri­ sician, who need not be a full-time can Osteopathic Association surgical spe­ ney transplantation, for an interim pe­ cialty board), in internal medicine (by the riod beginning July 1, 1973, for services supervisor. American Board of Internal Medicine or the rendered on and after that date, and un­ (iii) Has an affiliation; e.g., has an American Osteopathic Board of Internal til additional regulations setting forth agreement for back-up care, etc., with Medicine) or, if the facility is a children’s qualification requirements of long-term a participating hospital, and hospital, in pediatrics (by the American applicability are promulgated and ap­ (iv) Agrees that no charge will be Board of Pediatrics or the American College plied, coverage is limited to services ren­ made for a covered dialysis service pro­ of Osteopathic Pediatricians). In addition dered in certain participating hospitals. vided by the facility that is in excess of this physician has: the charge determined under the health (a) A minimum of one year’s formal train­ These are hospitals which on June 1, ing in a teaching institution in ESBD patient 1973, have been providing the services insurance program to be the reasonable care and transplant immunology, or and have not substantially increased charge of that facility and agrees to bill (b) A minimum of two year’s experience such services, or which have, in the opin­ the program and not the patient' for in delivering ESBD care. ion of the Secretary, demonstrated the amounts reimbursable under the pro­ (2) The surgeons performing the trans­ need for and appropriateness of their gram. (For interim period exception cri­ plants are board certified (by any American assumption of or increase in the provi­ teria and guidelines, see the Appendix Medical Association or American Osteopathic sion of such services, in an effective and to this Subpart B.) Association surgical specialty board), and have: economical system of end-stage renal 3. An Appendix to Subpart B is added (a ) A minimum of one year’s form al train­ disease treatment. (For interim period to read as follows: ing in a teaching Institution in renal trans­ exception criteria and guidelines, see the plantation, or Appendix Appendix to Subpart B.) (b) Two years’ experience performing renal I. Bequests for exception to allow the pro­ transplant. 2. Section 405.231 is amended by re­ vision of transplant services. (3) I f pediatric transplant services (for vising paragraphs (g) and (h) to read II. Bequests for exception to allow the pro­ Children under age 14) are offered as part of as follows: vision of chronic maintenance dialysis a general program, children’s care shall be services. under a pediatrician with qualifications as § 405.231 Medical and other health serv­ III. Definitions. outlined in (1) above. ices ; included items and services. Appendix (4) There is at least one registered nurse • * * * * responsible for ESBD nursing care on a full­ GUIDELINES AND DEFINITIONS FOR THE time basis with: (g) Rental or, effective January 1, END-STAGE RENAL DISEASE (ESRD) * PROGRAM 1968, the purchase of durable medical (a) A minimum of six months’ training in equipment, including iron lungs, oxygen (Terms defined in section m are indicated by a teaching institution providing dialysis and asterisk) transplant patient care, or tents, hospital beds, renal dialysis sys­ I. Facilities wishing to provide renal trans­ (b ) A minimum of two years’ experience in tems, and wheelchairs used in the pa­ caring for dialysis and transplant patients. tient’s home. For purposes of this para­ plant services must be in substantial com­ pliance with the following criteria and guide­ (5) The nursing service also meets the graph, the term “home” does not include lines. A. The facility is participating in the • requirement of § 405.1024 of the Health In­ an institution which meets the require­ Medicare program. The facility is a hospital surance Begulations. ments of section 1861(e)(1) or 1861(j) which meets all the requirements of sec­ (6) A qualified dietician (preferably meets (1) of the Act; witl. respect to dialysis tion 1861(e) of the Social Security Act, and the A.D.A.’s standards for qualification) pro­ facilities which render home training has entered into an agreement to partici­ vides diet management and counseling to meet ESBD patient needs. and provide equipment, supplies, and pate in the Medicare program. B. The facility can reasonably be expected (7) The facility provides a social worker, directly* or under arrangement,* to meet back-up services to patients who dialyze to perform a sufficient number of transplants in the home, coverage shall be limited the social service and counseling needs of per year and Otherwise demonstrates a capac­ ESBD patients. to services of those dialysis facilities de­ ity to perform with high quality. (Perform (8) The medical staff of the hospital has scribed in paragraph (h) of this section. ance of 25 or more transplants per year has the following specialties:

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 17748 RULES AND REGULATIONS

»aairassgjiasss (a) Cardiology, endocrinology, hematology, 4. The hospital cooperates and participates for its ESRD patients in cardiology, en­ neurology, infectious disease, orthopedics, in an organ procurement* and preservation* docrinology, hematology, neurology, ortho­ pathology, psychiatry, and urology. program, if such exist, and the development pedics, pathology, pediatrics (if children b. Minimal service requirements. (1) Theof an organ procurement program, if none with ESRD are cared for), psychiatry, and hospital provides on the premises,* either exists. in urology. directly* or under arrangement*: 5. The hospital carries out agreements with (2) Minimal service requirements, (a ) The (a) Inhalation therapy; cooperating institutions for timely transfer hospital provides on its premises,* either (b) Angiography; of medical data on the ESRD patients. directly* or under arrangement*: (c) Nuclear medicine; E. The costs of performance are not ex­ (I) Inpatient acute (back-up) dialysis to (d) Emergency (24 hours a day) laboratory pected to exceed the reasonable costs of like support the ESRD patient needs; services of C.B.C., platelet count, ABO blood or comparable services in the community. (II) Inhalation therapy; cross matching, blood gases, blood pH, serum F. The capital expenditures for the facility’s (Hi) Emergency (24 hours a day) labora­ calcium, serum potassium, BUN, creatinine, transplant services have not been disap­ tory services of C.B.O., platelet count, ABO serum glucose, prothrombin time, spinal fluid proved in accordance with section 1122 of blood cross matching, blood gases, blood pH, exam, urine sediment, and urine glucose. Title X I of the Social Security Act. serum calcium, serum potassium, BUN, (2) The hospital provides, either directly II. Facilities wishing to provide chronicserum glucose, prothrombin time, spinal or under arrangement with another facility: maintenance dialysis services must be in fluid exam, urine sediment, and urine glu­ (a) Immunofluorescence and electron substantial compliance with the following cose. microscopy; criteria and guidelines. A. Hospital-operated (b) The hospital provides directly* (b) Unusual pathogen cultures: fungal facilities. 1. If the facility is hospital-oper­ limited-care dialysis in an outpatient facility cultures, tissue cultures, and T B cultures; ated, the hospital is participating in the for patients who cannot perform self­ (c) Outpatient services for the evaluation, Medicare program. The hospital meets all dialysis. care, and follow-up of transplant and ESRD the requirements of section 1861(e) of j the (c) The hospital provides, either directly,* patients. Social Security Act, and has entered into an or under arrangement* with another facility, (3) The following services are provided un­ agreement to participate in the Medicare for the following: der arrangement with another facility or, program. (i) Angiography; if they are not reasonably available else­ 2. The facility is expected to meet an ac­ (ii) Nuclear medicine; where, are added to the applicant facility’s ceptable utilisation rate and otherwise dem­ (lii) Immunofluorescence and electron capability: onstrate a capacity to perform at high microscopy; (a) Tissue typing and Immunology quality. (iv) Unusual pathogen cultures, fungal testing. a. Expected to meet an acceptable utilisa­ cultures, tissue cultures, and TB cultures; (b) Cadaver kidney preservation using per­ tion rate means the facility has a m in im u m (v ) Outpatient services for the evaluation, fusion equipment.* of two maintenance dialysis stations, and care, and follow-up of ESRD patients, in­ (4) If the hospital is not approved to pro­ operates each maintenance dialysis station cluding cannula and fistula care, and home- vide Regular (Chronic) Maintenance Dialy­ a minimum of 6 dialysis sessions per week. dialysis support services*. sis* under Medicare, It has an agreement* b. Demonstrates a capacity to perform at with a facility which has such approval, to high quality means: (d) The hospital provides either directly* or by an agreement* with another facility: provide: (1) Minimal personnel requirements. The .(a) Regular (chronic) maintenance dialy­ hospital and its dialysis facility has an ade­ (i) Self-dialysis training program includ­ sis; and quate. number of personnel to meet the re­ ing a procedure for the evaluation of home (b ) If a facility providing such services is quirements of Its ESRD patients; minimal conditions to assess and place the patient at reasonably available in the community: requirements are: home; (i) Self-dialysis training program* Includ­ (a) A licensed physician is responsible for (ii) Self-dialysis in an outpatient facility ing a procedure for the evaluation of home planning, organizing, conducting, and di­ for patients who cannot perform self­ conditions to assess and place the patient in recting ESRD services, and devotes sufficient dialysis at home; home dialysis, time to carry out these responsibilities. This (e) The hospital provides by an agree­ (11) Self-dialysis* in an outpatient facility physician is board certified or board eligible ment* with a facility already certified to for patients who cannot perform self-dialysis In internal medicine (by the American Board provide the service under Medicare: at home, and of Internal Medicine or the American Osteo­ (1) Evaluation of its patients for trans­ (lii) Limited care dialysis* in an outpa­ pathic Board of Internal Medicine) and has: plantation. (The transplantation facility is tient facility for patients who cannot per­ (1) A minimum of one year’s formal train­ responsible for tissue typing and immunology form self-dialysis. ing in a teaching institution in ESRD pa­ testing, and prospective patient registration C. The facility makes a needed contribution tient care, or for transplantation.); to access of care in fin area. Exception to fa­ (ii) A minimum of two years* experience (ii) Transplantation. cilities will only be granted when: delivering ESRD care. 3. The facility makes a needed contribu­ 1. There is evidence to document that (b) The surgeons performing the vascular tion to access of care. This means that an there are ESRD patients acceptable for trans­ access procedures (cannula/fistula placement exception to dialysis facilities will only be plantation, and revisions) are board certified (by any granted when: 2. These patients cannot reasonably be ex­ American Medical Association or American a. There is evidence to document that there pected to receive appropriate therapy from Osteopathic Association surgical specialty are ESRD patients acceptable for therapy, another transplant facility, and board) and have: b. These patients cannot reasonably be 3. There are no other applicants better (I) A minimum of one year’s formal train­ expected to receive appropriate therapy from- qualified to meet the needs of such patients. another facility, and D. The facility contributes to a coordinated ing at a teaching institution in vascular c. There are no other applicants better system of care by its arrangements for coop­ surgery, or qualified to meet the needs of these patients. eration with other facilities th the area offer­ (II) Two years’ experience performing vas­ ing the same or other modalities of care for cular access procedures. 4. The facility makes a positive contribu­ ESRD patients so that patients should be (c) There is at least one R.N. responsible tion to the total system of care of ESRD by placed in the appropriate site and receive the for ESRD nursing care on a full-time basis working in cooperation vAth other sites and appropriate service. This criterion will re­ with a minimum of: modalities of care. The use of this criterion quire an analysis of other services available ( 1) Six months’ training in a teaching in­ will require an analysis of other services in the applicant’s area. Determinants will stitution providing dialysis and ESRD pa­ available in the applicant’s area. Determi­ include: tient care, or nants will Include: 1. The hospital makes the ESRD services (ii) Two years’ experience In caring for a. The hospital makes the ESRD services, it is approved to provide available to the dialysis and ESRD patients. it is approved to provide available and ac­ ESRD patients of other facilities in the area (d ) The nursing service also meets the re­ cepts ESRD patients referred from other that do not provide those services. quirements of § 405.1024(c) of. this part. facilities in the area that do not provide 2. If the services indicated in B 2 .b .{2 ), and ' (e) A qualified dietician (one who prefer­ those services. (3), and B.2.b.(4) (b), are reasonably avail­ ably meets the AD.A.’s standards for quali­ b. I f the services indicated in n.A.2.b. able in other facilities In the area In a man- fications) provides diet management and (2) (d) are reasonably available in other t ner that can be reimbursed by the Medicare counseling to meet ESRD patient needs. Medicare approved facilities in the area, the program, the hospital carries out arrange­ (f) The facility provides a social worker, hospital carries out agreements with coop­ ments and agreements, as Indicated in those directly* or under arrangement,* to meet erating institutions for these services, and sections, for these services for its ESRD the social service and counseling needs o f the services indicated in II.A.2J>.(2) (e) for patients. ESRD patients. its patients. 3. The hospital cooperates and participates (g) The facility is capable of providing c. The hospital cooperates and participates in a recipient registry.* timely specialty evaluation and consultation in a recipient registry.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17749

d. The hospital cooperates and partici­ (b ) There is at least one full-tim e reg­ have not been disapproved in accordance pates in an organ procurement and preser­ istered nurse with: with section 1122 of Title X I of the Social vation program, if such exist. (1) A minimum of six months’ training in Security Act. e. The hospital carries out agreements a teaching institution providing dialysis and N otice’: Attention is Invited, as applicable, with cooperating institutions for timely ESRD patient dare, or to the requirements of Title VI of the Civil transfer of medical data on the ESRD (ii) A minimum of two years’ experience Rights Act of 1964 (Pub. L. 88-362; 78 Stat. patients. in dialysis and ESRD patient care. 252; 42 U.S.C. 2000d-2000d-4) which pro­ 5. The facility has arrangements for a pa­ (c) The facility provides through its af­ vides that no person in the United States tient review mechanism to assure that all filiation with a participating hospital, in a shall, on the • ground of race, color, or na­ patients are screened for the appropriateness timely fashion, any necessary vascular access tional origin be excluded from participation of their treatment modality— including suit­ procedures by a qualified surgeon (as defined in, be denied the benefits of, or be subject ability for transplant and home dialysis. in ILA.2.b.(l) (b )); diet management and to discrimination under any program or ac­ Prior to the establishment of Medical Review counseling by a qualified dietician (as in tivity receiving Federal financial assistance Boards, the facility refers each of its patients II.A.2.b.(l) ( e ) ); social services and counsel­ (sec. 42 U.S.C. 2000d), and to the imple­ to appropriate facilities for transplant and ing by a social worker (as in II.A.2.b(l) ( f ) ); menting regulation issued by the Secretary self-dialysis training evaluation. A formal and specialty evaluation and consultation for of Health, Education, and Welfare with the . recommendation shall be made to the refer­ its ESRD patients In cardiology, endocrinol­ approval of the President (Part 80 of 45 ' ring facility as to the most appropriate mode ogy, hematology, neurology, orthopedics, CFR Subtitle A) . of therapy. When the recommended mode pathology, pediatrics (if children with ESRD III. Definitions. A. A number of terms used of therapy differs from the current mode of are cared for), psychiatry and in urology (as in the guidelines text have specific meanings therapy, and the patient desires the recom­ in II.A.2Jt>.(l) ( g ) ). which are different from their use in com­ mended therapy, the referring facility shall (2) Service requirements the free-stand­ mon language. Some definition is necessary provide such, directly or by agreements. ing facility provides directly are limited care to prevent confusion and permit maximum Patients will be re-evaluated on an annual dialysis services. comprehension of the intent of these guide­ basis, except when the patient specifically (3) The facility provides, directly or by lines. Some of these terms have specific requests a change in mode of therapy, in agreement through its affiliated hospital: meaning in relation to the medical care of which case such re-evaluation should be car­ (a) self-care dialysis, and (b) self-dialysis renal disease; other terms have a specific ried out within six months from the time of training. meaning in the terminology of the Social such request (if the six month limit comes (4) The facility provides, under arrange­ Security Administration. before the annual re-evaluation date). ment, or by agreement with its affiliated hos­ B. The following definitions aps Intended 6. The cost of the service offered by the pital, all those services Indicated in as an aid in understanding the terms in­ facility is not expected to exceed the reason­ n.A.2.b.(2). volved and do not replace regulations per­ able cost or charges for like or comparable 3. The facility makes a needed contribu­ taining to the same terms. services in the community. tion to access of care. Exception for free­ 1. End stage renal disease (E S R D ). 7. Capital expenditures for this service standing dialysis facilities will only be Although much of what has been written have not been disapproved in accordance granted when: about Section 2991 of Pub. L. 92-603 refers to with section 1122 of Title X I of the Social a. There is evidence to document that coverage of care for chronic renal disease, Security Act. there are ESRD patients acceptable for the law in effect provides coverage only for B. Free-Standing Facilities-i. Free-stand­ therapy, patients with end stage renal disease (E S R D ). ing facilities must: b. These patients cannot reasonably be ex­ This scope of coverage is implicit because a. Meet State or local licensure require­ pected to receive appropriate therapy from the law states that there is coverage for a ments, if any, another facility, and patient who “is medically determined to have b. Be a facility in which treatment is un­ c. There are no other applicants better chronic renal disease and who requires hemo­ der the general supervision of a physician qualified to meet the needs of these patients. dialysis or renal transplantation for such (who need not be a full-time supervisor). 4. The facility makes a positive contribu­ disease.’* End stage renal disease is that stage The supervisory physician is a licensed phy­ tion to the total system of care of ESRD by of renal impairment which cannot be favor­ sician responsible for planning, organizing, working in cooperation with other sites and ably influenced by conservative management conducting, and directing the facility’s ESRD modalities of care. a. The facility makes alone, and requires dialysis and/or kidney services, and devotes sufficient time to carry available the dialysis services it is approved transplantation to maintain life or health. out these responsibilities. This physician is to provide, and accepts ESRD patient re­ Therefore, the term end stage renal disease board certified or board eligible in internal ferred from other facilities in the area that (ESRD) in reference to section 2991 of Pub. medicine (by the American Board of Inter­ do not provide such services. L. 92-603 is more appropriate than the term nal Medicine or the American Osteopathic b. The facility carries out the agreements chronic renal disease (C R D ). with its affiliated hospital for those services Board of Internal Medicine) and has a min­ 2. Dialysis. A process by which waste prod­ imum of one year’s formal training in ESRD for its patients which it does not provide. ucts are removed from the body by diffusion patient care, 'or a minimum of two years’ c. It cooperates and participates in recipi­ from one fluid compartment to another across experience in delivering ESRD care. ent registries. a semipermeable membrane. There are two c. Have an affiliation, e.g., has arrange­ d. It carries out agreements with cooper­ types of dialysis in common clinical usage: ments for back-up care, etc., with a partici­ ating institutions for timely transfer of med­ hemodialysis— where blood is passed through pating hospital. The participating hospital ical data on the ESRD patients. an artificial kidney machine and the waste with which the free-standing facility has its 5. The facility has arrangements for a products diffuse across a man-made mem­ arrangements and agreements* is approved patient review mechanism to assure that all brane into a bath selution known as dialysate to deliver ESRD services under the Medicare patients are screened for the appropriateness after which the cleansed blood is returned to program. ' of their treatment modality— including suit­ the patient’s body; and, pertioneal dialysis— d. Agree that no charge will be made for ability for transplant and home dialysis. where the waste products pass from the covered dialysis service provided by the facil­ Prior to the establishment of Medical Review patient’s body, through the peritoneal ity that is in excess of the charge deter­ Boards, the facility shall refer each of, its membrane into the peritoneal (abdominal) mined to be the reasonable charge of that patients to appropriate facilities for trans­ cavity where the bath solution (dialysate) is facility. The facility agrees to bill tire pro­ plant and self-dialysis training evaluation. introduced and removed periodically. While gram and not the patient for amounts reim­ A formal recommendation shall be made to there are processes, such as hemoperf us ion bursable under the program. the referring facility as to the most appro­ and diafiltration which may become a substi­ 2. Free-standing facilities are expected topriate mode of therapy. When the recom­ tute for, or replace, dialysis in the future, to meet an acceptable utilization rate and mended mode of therapy differs from the their limited usage in this country today does otherwise demonstrate a capacity to perform current mode of . therapy, and the patient not merit their separate definition or con­ at high quality. desires the recommended therapy, the refer­ sideration in these guidelines. a. Free-standing facilities are expected to ring facility shall provide such (directly or 3. Regular (chronic) maintenance dialysis. meet an acceptable utilization rate. The through its agreements) as outlined above. The usual periodic dialysis treatments which facility has a minimum of two maintenance Patients will be re-evaluated on an annual are given to a patient who has end stage dialysis stations, and operates each mainte­ basis, except when the patient specifically renal disease in order to sustain life and nance dialysis station a minimum of 5 requests a change in mode of therapy, in ameliorate uremic symptoms. Currently, such dialysis sessions per week. . - which case such re-evaluation should be treatments are usually given two or three b. Free-standing facilities must demon­ carried out within six months from the time times a week. . strate a capacity to perform at high quality. of such request (if the six month limit comes 4. Back-up hospital, back-up dialysis. A (1) The facility has an adequate numb«: of before the annual re-evaluation date). back-up hospital is a hospital which is ap­ qualified personnel to meet the «requirements 6. The charge for the service is related to proved to deliver ESRD services under the of its ESRD patients; minimal requirements the cost of the service and does not exceed Medicare program and has an arrangement or are; the reasonable costs or charges for like or agreement to make these services available to i (a) Treatment is under the general super- comparable services in the community. referred home dialysis patients and/or pa­ [ vision of a physician as set out in ILB.l.b. 7. Capital expenditures for this service tients from specific free-standing dialysis

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17750 RULES AND REGULATIONS facilities for all the ordinary and specialized 14. Cadaver donor transplanation. Trans- provides insurance for loans to purchase medical and surgical consultation services planation where the donated organ is taken and install fire safety equipment for ex­ which are not available in the home or at the from an individual who has been pronounced free-standing dialysis facility, and tire re­ dead according to medical criteria. The or­ isting nursing homes and intermediate quired for the care of ESRD patients. The gan is removed from the donor and trans­ care facilities. An application for partic­ number of back-up dialysis stations must be planted into the recipient. ipation in this program must be proc­ appropriate for the number of patients for 15. Cannula. A surgically prepared, ex­ essed both by the Department of Hous­ which the back-up hospital has accepted posed connection between an artery and a ing and Urban Development and the responsibility. vein. The'exposed connection between artery Department of Health, Education, and Back-up dialysis is dialysis given to a pa­ and vein is made with a special type of plas­ Welfare. This amendment will alleviate tient under special circumstances, in a situ­ tic tubing. some of the time required in processing ation other than the patient’s usual dialysis 16. Fistula. A surgically prepared unex­ environment. Although back-up dialysis re­ posed connection made directly between an an application. Since the loans are for quired by home dialysis patients for non­ artery and vein to permit repeated and existing facilities and will generally in­ medical reasons (i.e., mechanical problems or ready access to the blood stream. Dialysis volve small amounts, it is believed that the absence of helper) may be performed in access to the blood stream is obtained with the abuses which the Multifamily Previ­ a freestanding facility, back-up for signifi­ large hollow needles; creation of a fistula is ous Participation Review and Clearance cant medical problems is performed by a an alternative to surgical insertion of a procedure was designed to correct will back-up hospital which must be capable of cannula. not exist in this program. providing the necessary nephrological, med­ 17. " Directly provides" or " provides di­ ical and surgical expertise, and the appro­ rectly". This term means that the hospital As this amendment is favorable to pro­ priate equipment and personnel to care for (or facility) provides the service through its posed borrowers and would reduce the the patient in the event of his hospitaliza­ own staff and employees, or through indi­ processing time on applications for loans tion. viduals who áre under contract with the to protect our nation’s elderly citizens 5. Acute dialysis. Dialysis given to pa­facility to provide such services. housed in nursing homes and intermedi­ tients on an intensive care, inpatient basis. ' 18. "Under arrangement". This term means ate care facilities from the dangers of that the hospital (or facility) arranges for Acute dialysis may be given to patients with fire, advance notice and public procedure ESRD during periods of acute illness (acute, another facility to provide the services but back-up dialysis); it may be given to pa­ assumes responsibility for such services and are not necessary and good cause exists tients without ESRD who require dialysis for bills the Medicare program for the services. for making this amendment effective on certain conditions, such as, acute renal fail­ Pursuant to section 1861 (w) of the Act (42 publication. ure and certain drug ingestions. UJS.C. 1395x(w)) receipt of payment for such Accordingly, § 200.210 is revised as d. Self-dialysis. Regular maintenance covered services on behalf of an entitled in­ follows: dialysis performed by a trained patient at dividual discharges the liability of such in­ home or within an outpatient facility. In dividual or any other person to pay for such § 200.210 Applicability of procedure. the case of home dialysis, the patient per­ services. forms dialysis at home with the assistance 19. "B y an agreement” or " has an agree­ The Previous Participation Review and of a trained partner. In the. case of “self- • m ent". This term means that the hospital Clearance procedure set forth in §§ 200.- care” dialysis in an outpatient facility, the (or facility) has an agreement whereby an­ 211 through 200.218 is applicable to every patient performs dialysis in a facility re­ other facility undertakes to provide services project to be financed with a mortgage moved from the home with the assistance to patients who become the patients of the insured under the National Housing Act of a trained partner or a health professional. other facility (for those services provided), and with respect to every purchase of a In both cases, professional supervision and and the other facility bills the Medicare pro­ project subject to a mortgage insured performance of the dialysis is limited. gram for their services furnished. 7. Limited care dialysis. Regular mainte­ 20. "Provides on the premises". This term under the National Housing Act, except nance dialysis on an outpatient basis in a means that the hospital provides the serv­ those projects insured under section 232 facility where the actual dialysis procedure ice on its own premises or on premises that (i) of said Act. The procedure does not is performed by health professionals. are contiguous with or immediately in prox­ apply to any other Department programs 8. Self-dialysis training. The education or imity to its own. in which a previous participation certifi­ training of a patient to permit the patient 21. Home dialysis support services. The cate may be required. to perform dialysis on himself (herself). services of professional care, consultation, (Sec. 7(d), Department of Housing and 9. Self-dialysis training program. A pro­ provision of supplies, back-up, and equip­ Urban Development Act (42 U.S.O. 3535(d)). gram which assesses a patient’s ability to ment repair that home dialysis patients learn to perform dialysis. Such a program require. Effective date. This Amendment will be includes an assessment of the patient’s home 22. Recipient registry. A prospective list­ effective April 22,1975. and family conditions to determine if the ing of patients (including certain medical patient can perform self-dialysis in the data on these patients) who are awaiting a D avid M . D e W il d e , home. If a patient is judged educable in self­ cadaver donor transplant. - Acting Assistant Secretary for dialysis, such a program would also train the [FR Doc.75-10428 Piled 4-21-75; 8:45 am ] Housing Production and patient to perform self-dialysis. Mortgage Credit, Federal 10. Organ procurement. The identification Housing Commissioner. of a prospective donor and the surgical re­ Title 24— Housing and Urban Development moval of a donor kidney. [FR Doc.75-10434 Filed 4-21-75;8:45 am] 11. Organ preservation. The maintenance CHAPTER II— OFFICE OF ASSISTANT SEC­ of a kidney after it has been removed from RETARY FOR HOUSING PRODUCTION the donor and until it has been transplanted AND MORTGAGE CREDIT— FEDERAL CHAPTER X— FEDERAL INSURANCE AD­ Into a recipient. Organ preservation is an HOUSING COMMISSIONER (FEDERAL MINISTRATION, DEPARTMENT OF Integral part of kidney transplantation and HOUSING ADMINISTRATION), DEPART­ HOUSING AND URBAN DEVELOPMENT may be accomplished by special solutions MENT OF HOUSING AND URBAN DE­ and cooling of the kidney, or by perfusion of SUBCHAPTER B— NATIONAL FLOOD VELOPMENT INSURANCE PROGRAM the kidney using special equipment. 12. Tissue typing and immunology test­ SUBCHAPTER A— GENERAL [Docket No. FI-554] ing. Laboratory procedures used to deter­ [Docket No. R—75—326] mine the degree of compatibility between a PART 1914— AREAS ELIGIBLE FOR THE donor organ and a potential recipient of a PART 200— INTRODUCTION SALE OF INSURANCE kidney transplant. They include: (1) Multifamily Previous Participation Review Status of Participating Communities identification of tissue "types” (HLA); (2) and Clearance Procedures; Exceptions The purpose of this notice is to list performance of a cross match for cytotoxic for Eire Safety Equipment antibodies; and (3) certain specialized tests those communities wherein the sale of of immunologic reactions such as mixed Section 200.210 published at 39 FR flood insurance is authorized under the lymphocyte cultures and cell mediated 29351 on August 15,1974, is being amend­ National Flood Insurance Program <42 lympholysis. ed to except § 232.500 et seq. published at U.S.C. 4001-4128). 13. Living related donor transplantation. A transplant where the organ is donated and 39 FR 28966 on August 12, 1974, from the Insurance policies can be obtained removed from a living, blood relative of the Multifamily Previous Participation Re­ from any licensed property insurance patient and transplanted into the patient. view and Clearance procedures. The sec­ agent or broker serving the eligible com­ Nonrelated living donor transplanatlon Is tion 232 (i) program (Pub. L. 93-204), munity, or from the National Flood In ­ currently not practiced in this country. which is implemented by § 232.500 et seq., surers Association servicing company for

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17751 the state (addresses are published at 39 the community enters the program and Section 1914.4 of Part 1914 of Sub­ FR 26186-93). A list of servicing com­ the special flood hazards have been iden­ chapter B of Chapter X of Title 24 of the panies is also available from the Federal tified. However, on July 1, 1975, or one Code of Federal Regulations is amended Insurance Administration, HUD, 451 year after the identification of the com­ by adding in alphabetical sequence new Seventh Street SW., Washington, D.C. munity as flood prone, whichever is later, entries to the table. In each entry, a com­ 20410. the requirement will apply to all identi­ plete chronology of effective dates ap­ The Flood Disaster Protection Act of fied special flood hazard areas within pears for each listed community. The 1973 requires* the purchase of flood in­ the United States, so that, after that date that appears in the fourth column of surance on and after March 2; 1974, as date, no such financial assistance can the table is provided in order to desig­ a condition of receiving any form of Fed­ legally be provided for acquisition or con­ nate the effective date of the authoriza­ eral or Federally related financial assist­ struction in these areas unless the com­ tion of the sale of flood insurance in the ance for acquisition or construction pur­ munity has entered the program and area under the emergency or the regular poses in an identified flood plain area flood insurance has been purchased. flood insurance program. These dates having special hazards that is located . The Federal Insurance Administrator serve notice only for the purposes of within any community currently partici­ finds that delayed effective dates would granting relief, and not for the applica­ pating in the National Flood Insurance be contrary to the public interest. There­ tion of sanctions, within the meaning of Program. fore notice and public procedure under Until July 1, 1975, the statutory re­ § 5 U.S.C. 553(b) are impracticable, un­ 5 U.S.C. 551. The entry reads as follows: quirement for the purchase of flood in­ necessary, and contrary to the public in­ § 1914.4 List of eligible communities. surance does not apply until and unless terest. ^ $

_ ^ . Effective date of authorize- Hazard area ’ btate County Location tion of sale of flood insiir- identified State map repository Local map repository ance for area

Arizona..;...... Santa Crus____ Nogales, city of______A p r. 14, 1975. E m ergen cy..-.. M ay 24,1974 Arkansas...... Lawrence______Hoxie, city o f...... -----do...... M ay 10,1974 D o______.... Little River______Ashdown,, city of______----- d o ...... A p r. 5,1974 D o . . . ____ N evada______;______Prescott, city of______. „ . . d o ...... N o v . 16,1973 D o ______' Crawford______, Rudy, town of______— Tdo...... D ec. 20,1974 D o ______.... Benton______Siloam Springs, city o f...... do...... M ay 10,1974 D o ...... Columbia______Taylor, city o f . . ______— do...... M ar. 22,1974 California______Plumas______Portola, city of______..... — do...... Feb . 7,1975 Connecticut___ .... Hartford...... Burlington, town of...... ----- d o ...... June 19,1974 D o ...___ !_•____ N e w London______Sprague, town of______... ----- d o ,...... M ay 10,1974 Florida...... D ixie______Unincorporated areas____ -----d o____ ...... 1 ___ Idaho...... A da______Boise, city o f . ______... ----- do______i ______June 24,4974 Illinois,______, ___ Cook______:______Streamwood, village of... ----- d o _____ , ...... A p r. 12,1974 D o ...... -. Bureau.______Walnut, village of______...... do------"...... F eb . 9,1974 Indiana...... Monroe______Ellettsvtlle, town of______— .d o ..,____ June 44,1974 . D o ...... Spencer______„___ Grandview, town oí_____ ----- do...... Jan. 23,1974 D o ...... H en ry______New Castle, city of..—— ----- d o ...... — Nov. 23,1973 D o . . . , . '. . _____ Posey______New Harmony, town oL. .... -do...... Feb . 1,1974 D o - . l...... Wells— ...... Ossian, town o f______— do— ...... M ay 31,1974 D o ...... Shelby______Shelbyville, city of— -___ -----do------.... ____ — ...... D ec. 17,1973 I o w a ...... Page______Clarinda, city of______----- do------íl ...... June 28,1974 D o ..,...... Hardin______Eldora, city of______do__i — ______do______Kansas...... !...... Johnson______Merriarcf city of______---- do— ...... June 7,1974 D o ______McPherson..______Moundridge, city of______— do— ...... M ar. 8,1974. Louisiana_____ ^___Tangipahoa Hammond, city o f...... ----- d o ______7______do____ ... Parish. Maine______Washington.______Danforth, town of______----- d o ..______A u g. 9,1974 D o ...... Cumberland.....! Falmouth, town of______----- do------. . . M ar. 29,1974 D o ...... Somerset.— "..,... Skowhegan, town o f...... ----- d o .— ...... O ct/ 18,1974 Maryland.,.,...... St. Marys______Leonard town, town of___ .— .d o ------Ju ly 19,1874 Michigan...... W a y n e ..______■.... Canton, township of_____ ...... d o...... June 28,1974 Minnesota...... Hennepin______Hassan, township of_____ ----- do------, ------__do______Missouri...... New Madrid______Howardville, city of_____ ----- do------M ay 17,1974 D o ...... d o ...,.”______."Matthews, city of______,---- dp______;__ do______D o ...... Mississippi..'______"Unincorporated areas.... ____d o ______;____ D o ...... Law ren ce..______M t. "Vernon, city of______----- d o ...... M ay 24,1974 N e w Jersey..______Monmouth______.... Holmdel, township of___ do...... Feb . 1,1974 D o ...... Mercer...... '______Pennington, borough o f.. ----- do...... A u g. 24,1973 D o..-...... Ocean.______;______. Pine Beach, borough of...... do...... June 28,1974 D e ...... ______Middlesex______Plainsboro, township of...... do...... M ay 31,1974 D o .— . . . ______Burlington______Washington, township oL ...... d o .— ______J u ly 26,1974 New York..... ___ Erie...... Angola, village of..._____ — d o ...... D ec. 6,1974 D o ..______Monroe______Mendon, town of...... ----- d o ...... , A p r. 12,1974 O h io .;..;,___ ...... Lorain______Amherst, city of...... ----- do...... Mm-. 15,1974 Tennessee______Lauderdale______. Unincorporated areas___ .. .. .d o ______D o ______Giles______Pulaski, city of______...... do...... M ay 24,1974 Wisconsin..______Kenosha______, Kenosha, city of______- . —do...... : ...... D eo. 28,1973 D o ______... ___Langlade.______:___ Unincorporated areas______do____ ..... ______

(National Flood Insurance Act of 1968 (title X i n of the Housing and Urban Development Act of 1968); effective Jan. 28, 1969 (33 FR 17804. Nov. 28, 1968), as amended (42 U.S.C. 4001-4128)7 and Secretary’s delegation of authority to Federal Insurance «Administrator, 34 FR 2680. Feb. 27,1969) as amended 39 FR 2787, Jan. 24,1974. Issued: April 8. 1975. J. R obert H u n t e r , Acting Federal Insurance Administrator. [FR Doc.75-10303 FUed 4-21-75:8:45 arnl .

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17752 RULES AND REGULATIONS

[Docket No. PI-557] eral or Federally related financial assist­ be contrary to the public interest. Therer PART 1914— AREAS ELIGIBLE FOR THE ance for acquisition or construction pur­ fore notice and public procedure under SALE OF INSURANCE poses in an identified flood plain area 5 U.S.C. 553(b) are impracticable, un­ having special hazards that is located necessary, and contrary to the public in- Status of Participating Communities within any community currently par­ tcrcst The purpose of this notice is to list ticipating in the National Flood Insur­ Section 1914.4 of Part 1914 of Sub­ those communities wherein the sale of ance Program. chapter B of Chapter X of Title 24 of the flood insurance is authorized under the Until July 1, 1975, the statutory re­ Code of Federal Regulations is amended National Flood Insurance Program (42 quirement for the purchase of flood in­ by adding in alphabetical sequence new U.S.C. 4001-4128). surance does not apply until and unless entries to the table. In each entry, a Insurance policies can be obtained from the community enters the program and complete chronolgy of effective dates ap­ any licensed property insurance agent or the special flood hazards have been iden­ pears for each listed community. The broker serving the eligible community, tified. However, on July 1, 1975, or one date that appears in the fourth column or from the National Flood Insurers As­ year after the identification of the com­ of the table is provided in order to des­ sociation servicing company for the state munity as flood prone, whichever is later, ignate the effective date of the authori­ (addresses are published at 39 F.R. 26186- the requirement will apply to all identi­ zation of the sale of flood insurance in 93). A list of servicing companies is also fied special flood hazard areas within the the area under the emergency or thé available from the Federal Insurance Ad­ United States, so that, after that date, regular flood insurance program. These dates serve notice only for the purposes ministration, HUD, 451 Seventh Street no such financial assistance can legally be provided for acquisition or construction of granting relief, and not for the appli­ SW., Washington, D.C. 20410. in these areas unless the community has cation of sanctions, within the meaning The Flood Disaster Protection Act. of entered the program and flood insurance of 5 U.S.C. 551. The entry reads as 1973 requires the purchase of flood in­ has been purchased. follows: surance on and after March 2,1974, as a The Federal Insurance Administrator § 1914.4 List of eligible communities. condition of receiving any form of Fed­ finds that delayed effective dates would

E ffective date of aiittaoriza- Hazard area State County Location tion of sale of flood insur- identified State map repository Local map repository ance for area

HHnois...... D uPage...... Mar. 29,1974 Iow a...... Des Moines______M ay 17,1974 Kansas______G eary...... Junction City, city of______do______... Beb. 1,1974 Meade______Brandenburg, c ity of___ : ______do------Massachusetts...... Plym outh ______Lakeville, town o f______.d o ______Sept. 6.1974 . M innesota...... M arshall...... Alvarado, city of...... do...... 2.1974 Aug. Mississippi...... Sunflower______Doddsville, town of______— ..do.....— ... ______N o v . 8.1974 Missouri...... Greene...... Unincorporated areas______do____ —______Nebraska...... Cass______Cedar Creek, village of______do______:.______N e w Jersey______Essex...... Glen Ridge, borough of______do_____ ... ______July 6,1978 D o ...... Cam den...... Mt. Eprlam, borough of .do_____.... ______June 21,1974 D o ...... Monmouth...... Neptune City, borough of______do______June 28,1974 . N ew Y o rk ...... O ran ge...... Cornwall, town of______...d o ______—______Mar. 29,1974 D o ...... Westchester...... Croton-on-Hudson, v illa g e _____do______M ay 10,1974 of. D o ...... Oneida...... Vernon, town of______- ____do__ . . . . . ______Mar. 8,1974 D o ...... Essex...... Ticonderoga, town o f. ______do__ ;______Oct. 25,1974 D o ...... Herkim er_____.... Winfield, town of______do______.... ____Mar. 1,1974 . North Carolina_____ Moore ______Southern Pines, town of______do______A pr. 25,1975 . Ohio...... Warren...... Mason, city o f . . . . _____ ,______do______June 14,1974 . D o ...... Hamilton and M ilford, village of______.d o ....______,**■.______. . . Feb. 8,1974 Clermont. D o...... Muskingham______M ay 3,1974 Oregon______Um atilla______Echo, city of______..... ______do...... Sept. 13,1974 Texas______H ays...... K y le, c ity of------. ------do...... M ay 2,1975 D o ...... Tarrant...... Pantego, town of______do...... - ...... Wisconsin______Iow a...... Linden, village of.______;____ do...... Aug. 30,1974 D o______D a n e ...... Stoughton, c ity o L .______'.______d o ...______Dec. 17,1973 D o...... - Monroe...... Sparta, city of______do...... — Jan. 9,1974 W yo m in g..______Cam pbell______•. Gillette, city of.. .do______June 28,1974 .

(National Flood Insurance Act of 1968 (title n t t t of the Housing and Urban Development Act of 1968) ; effective Jan. 28, 1969 (33 FR 17804, Nov. 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) as amended 39 FR 2787, Jan. 24,1974. Issued: April 8, 1975. J. R o bert H u n t e r , Acting Federal Insurance Administrator. [F R Doc.75-10302 Filed 4-21-75;8:45 am]

[Docket No. FI-660] the state (addresses are published at 39 pating in the National Flood Insurance PART 1914— AREAS ELIGIBLE FOR THE FR 26186-93). A list of servicing com­ Program. SALE OF INSURANCE panies is also available from the Federal Until July 1, 1975, the statutory re­ Insurance Administration, HUD, 451 quirement for the purchase of flood in­ Status of Participating Communities Seventh Street SW., Washington, D.C. surance does not apply until and unless The purpose of this notice is to list 20*410. the community enters the program and those communities wherein ih e sale of The Flood Disaster Protection Act of the special flood hazards have been iden­ flood insurance is authorized under the 1973 requires the purchase of flood in­ tified. However, on July 1, 1975, or one National Flood Insurance Program (42 surance on and after March 2,1974, as a year after the identification of the com­ U.S.C. 4001-4128). condition of receiving any form of Fed­ munity as flood prone, whichever is later, Insurance policies can be obtained eral or Federally related financial assist­ the requirement will apply to all identi­ from any licensed property insurance ance for acquisition or construction pur­ fied special flood hazard areas within the agent or broker serving the eligible com­ poses in an identified flood plain area United States, so that, after that date, munity, or from the National Flood In­ having special hazards that is located no such financial assistance can legally surers Association servicing company for within any community currently partici­ be provided for acquisition or construc-

FEDERAL REGISTER, V O L 40, N O . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17753

tion in these areas unless the community Section 1914.4 of Part 1914 of Sub­ zation of the sale of flood insurance in has entered the program and flood insur­ chapter B of Chapter X of Title 24 of the the area under the emergency or the reg­ ance has been purchased. * Code of Federal Regulations is amended ular flood insurance program. These The Federal Insurance Administrator by adding in alphabetical sequence new dates serve notice only for the purposes finds that delayed effective dates would entries to the table. In each entry, a com­ of granting relief, and not for the appli­ be contrary to the public interest. There­ plete chronology of effective dates ap­ cation of sanctions, within the meaning fore notice and public procedure under pears for each listed community. The of 5 U.S.C. 551. The entry reads as fol­ 5 U.S.C. 553(b) are impracticable, un­ date that appears in the fourth column lows : necessary, and contrary to the public of the table is provided in order to des­ § 1914.4 List of eligible communities. interest, * ignate the effective date of the authori­ * * * * *

Effective date of authoriza- Hazard area State County Location tlon of sale of flood insur- identified State map repository Local map repository ance lor area

Illinois...... Rock Island______Cordova, village of______. A pr. 18,1975------. . . Mar. 15,1974 D o ...... W ill...... Symerton, village of— . —. . . Apr. 18,1975. Emergency...... do—, ...... Indian a______Steuben...... Angola, village of------do.—, ------..... -----Aug. 23,1974. D o..‘j ___ ...... Porter...____.'...___ Bums Harbor, town of...... do------—...... June 7,1974 D o . . . . . ______Martin...... Loogootee, city o f... ------— ,-d o ...... June 28,1975 Kansas______N e s s ..______Ness, c ity of______do------Mar. 22,1974 Louisiana______... Tanglpohoa______Unincorporated areas....-----... .d o ------...... Jan. 17,1975 Maine—...... — K n o x ...... ____Vinalhaven, town of_____ ...■____..d o ------.——------•------M aryland...... Garrett...... Oakland, town of------do------...... June 14,1974 Massachusetts_____ Worcester ...... Hardwick, town of...... d o ..—...... June 28,1974 Minnesota______Washington______Oakdale, village of______i______do— ------,.. .------M ay 24,1974 Missouri..______St. Charles______W entzville, city of______do------Jan. 10,1974 Nebraska.. ___ D o d g e ...... Unincorporated areas______do— ...... D o ...... Antelope..—...... Elgin, village of...... —-----...... do------. . . . Mar. 22,1974 New Hampshire Grafton______Lisbon, town of------#----- ...— do------.------Feb; 21,1975 N e w Jersey______Hudson______Kearny, town of____... ------do— ------— ------... June 28,1974 N e w Mexico...... —. Taos...... Red River, town of...... d o ...... ——- ...... — M ay 10,1974 N e w York.,_____ — Sullivan______Cocheton, town of______do------— ------M ay 31,1974 D o ...... Herkim er______Middleville, village of.,i____ A pr. 18,1975...... M ay 17,1974 . Do...Onondaga...... Minoa, village o f...... A pr. 18,1975. Emergency------June 28,1974 D o ...... Niagara______Lewiston, village of...... do...... Feb. 15*1974 D o ...... Dutchess...... Wappingers Falls, village o f...... do— ...... M ay 31,1974 North Carolina____Alamance______Burlington, city of______3— do------...... June 21,1974 O h io ...______Washington...... Belpre, city of___ i ______do...... Apr. 5,1974 D o ...... d o...—.—..... Matamoras, village of— ______. —-do— ...... ¿ . . . . . i...... —...— Oklahoma...... Lincoln______Chandler, city o f...______do...... - j i ...... South Carolina____ Berkeley______Goose Creek, city of..—------do------— Dec. 20,1974 . T e x a s ...... Yoakum ...... Plains, city of---- ...... ----- do...... —...... — M ay 24,1974 U tah ___ „ 1 ______D a vis...... Kaysville, city of...: ...... do...... *...... , West Virginia______Tucker...-._____.... Davis, town of...... d o ...... Dec. 22,1974 D o ____ — —1. G ra n t...____...... Petersburg, town o f... ______—do...... M ay 7,1974 D o . . . ______K a n a w h a ...______Pratt, town of...... ;. 1.do______*______. . . Mar. 8,1974 D o ______Marion...... Rivesville, town of...... do...... ; ______M ay 31,1974 D o ...... d o ...... d o ...... i ...... Apr. 1 8 ,1 9 7 5 ...... do______D o _____ — ...... Pleasants..______St. M ary’s, city o f______Apr. 18,1975. Emergency____ June 7,1974 . D o ______Monongalia______Star C ity, town of...... —.do...... N o v. 22,1974 D o ..______Taylor...... Fleming, town of______d o ...... —......

(National Flood Insurance Act" of 1968 (title x m of the Housing and Urban/Development Act of 1968) ; effective Jan. 28, 1969 (33 FR 17804, Nov. 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) as amended 39 FR 2787, Jan. 24,1974. Issued: April 14, 1975. J. R obert H u n t e r , Acting Federal Insurance Administrator. [FR Doc.75-10386 Filed 4-21-75;8:45 am]

Title 33— Navigation and Navigable Waters Effective date. This revision shall be­ dated April 29, 1974 by the Commander, CHAPTER I— COAST GUARD, come effective on April 21, 1975. Seventh Coast Guard District and was DEPARTMENT OF TRANSPORTATION Dated: April 14, 1975. published in the Federal Register as a [CG D 75-090] notice of proposed rulemaking (CGD R . I. P r ic e , 74-99) on April 26, 1974 (39 FR 14725). PART 117— DRAWBRIDGE OPERATION Rear Admiral, U.S. Coast Guard, REGULATIONS Chief, Office of Marine En­ Eight replies were received. Three had no objection or did not oppose this Doctors Inlet, Fla. vironment and Systems. [FR Doc.75-10467 Filed 4-21-75;8:45 am] change. Five objected on the grounds This amendment changes the regula­ that future commercial navigation will tions for the U.S. Route 17 highway require frequent openings of the draw. drawbridge across Doctors Inlet near [CG D 74-99] Orange, Florida because this bridge has However, there were only 27 openings in PART 117— DRAWBRIDGE OPERATION 1974 and 28 in 1973 which indicates the been removed. REGULATIONS § 117.431b [Revoked] regulations, as proposed, will meet the Steinhatchee River, Fla. present needs of navigation. -If com­ Accordingly, Part 117 of Title 33 of This amendment changes the regula­ the Code of Federal Regulations is mercial vessel development does take tions for the State Road 358 drawbridge place, these regulations may be amended amended by revoking § 117.431b. across the Steinhatchee River between (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) Steinhatchee and Jena, Florida to re­ to reflect this change. (2 ), 80 Stat. 937; 33 U:S.C. 499, 49 U.S.C. 1655 quire that the draw open on signal if at Accordingly, Part 117 of Title 33 of (g)(2); 49 CFR 1.46(c)(5), 33 CFR 1.05-1 least 3 hours notice is given. This amend­ the Code of Federal Regulations is ( c ) (4 )). ment was circulated as a public notice amended by:

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17754 * RULES AND REGULATIONS

1. Redesignating § 117.245(i) ( 6-a ), (14 US.C. 91; 49 U.S.C. 1655(b)); E.O. In addition to these changes, an error (6-b) and (6-c) to § 117.245 (i) ( 6-b), 10173, E.O. 10277, E.O. 10352, E.O. 11249; 3 in citation of the amendments was dis­ (6-c) and (6- d ). CFR, 1949-1953 Comp. 356, 778, 873, 3 CFR, 1964-1965 Comp. 349, 33 CFR Part 6, 49 CFR covered as is corrected by changing the 2. Adding a new § 117.245 (i) (6-a) to 1.46(b)). citation in Part 32 from § 32.45-1 (f) (4) read as follows: (i) to 32.45-1 (f) (4-a) and by changing Effective date: This amendment is § 117.245 Navigable waters discharging the citation in Part i l l from 111.85-10 effective from 0930Q to 1200Q 26 April (c) (5) (i) to 111.85—10(c) (6). into the Atlantic Ocean south o f and 1975. including Chesapeake Bay and into In consideration of the foregoing, the Gulf of Mexico, except the Missis­ G . N . W ood, Parts 32 and 111 of Title 46 of the Code sippi River and its tributaries and Captain, United States Coast of Federal Regulations are amended as outlets; bridges where constant at­ Guard, Hampton Roads, Cap­ follows under the authority of 46 U.S.C. tendance o f draw tenders is not re­ tain of the Port. 375, 391a, 416; 49 U.S.C. 1655(b); 49 CFR quired. (FR Doc.75-10469 Filed 4-21-75;8:45 am] 1.46(b): * * * * * 1. Section 32.45-1 (i) is revoked and (i) * * * Title 46— Shipping reserved, and a new § 32.45-1

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17755 means the volume bounded by the open E stablishment o f F o r m al C lass o f is based upon our past experience and deck over the cargo tank block (includ­ A m a t e u r S t a t io n would satisfy most requests. ing all ballast tanks within the cargo 5. The rules adopted herein establish F e e s an d S p e c if ic C a l l S ig n tank block), extending to the full width the “special event” station license as a 11. Some of the comments objected to of the vessel, plus three meters (approx. formal class of amateur license. In his a special fee for a distinctive call sign 10 feet) fore and aft of the cargo tank opposing comment respondent Paul block and up to a height of 2.4 meters in addition to the standard application Schuett states that the present policy of filing fee. (approx. 8 feet) above the deck. establishing “ special event” station in 12. We believe that the workload gen­ ***** the Amateur Radio Service “ does need erated for these special privileges and some revision” but that authorization for Effective date. These amendments licenses issued to applicants warrants a such station should continue in its pres­ shall become effective May 22, 1975. special fee consistent with the Commis­ ent form as a “ Special Temporary Au­ sion’s general fee policy (See the Com­ Dated: April 16,1975. thority.” Mr. Schuett suggests that re­ mission’s Report and Order in Docket O. W . S il e r , quiring formal application is a waste of 19658, 40 FR 3844, January 24, 1975). Admiral, U.S. Coast Guard the Commission’s resources, time, and Commandant. supplies. Distinctive call signs lend prestige and highlight the importance with which the {PR Doc.75-10406 Filed 4-21-75:8:45 am ] 6. The amended rule provides for letter requests for “special event” station event is considered. There is consider­ licenses. No formal application is re­ able value to the recipient. Consequent­ Title 47— Telecommunication quired, The Commission anticipates that ly, it does not appear unreasonable to CHAPTER I— FEDERAL the redefined criteria will enable per­ establish a special fee for a specific call COMMUNICATIONS COMMISSION functory application processing. Thus, sign. It may ultimately be possible to utilize a block of call signs for a cele­ [Docket No. 20111; FCC 75-257] case-by-case evaluation and letter writ­ ing often found necessary under former bration or event of great popularity. PART 97— RADIO AMATEUR RADIO rules will be eliminated. However, this will depend upon the dis­ SERVICE position of Docket 20282 and the result­ A m a t e u r E xtra or A dvanced C lass L i ­ ant call sign system to be adopted for the Amateur Radio Service; Authorization of c e n se e O n l y To B e E l ig ib l e for S p e ­ restructured Amateur Radio Service. Commemorative Stations c ia l E v e n t S t a t io n L ic e n s e C o n t e st s 1. A Notice of Proposed Rule Making1 7. Two respondents would relax the In the above-captioned matter was re­ requirement that only Amateur Extra 13. Two respondents argue that special leased on July 24, 1974, and was duly or Advanced Class licensees would be event call signs should not be prohibited published in the F ederal R eg ist e r , 39 eligible to apply for a special event call from ùse in contests. FR 27590, on July 30, 1974. The dates for sign. One comment states that the pro­ 14. It is emphasized that these call filing comments and replies have passed. vision severely limits the number of li­ signs will be issued solely for a special 2. Nine separate comments to this pro­ censed operators that can apply for a spe­ event and are not to be used for amateur ceeding were filed. cial event station license and should also contests. Contests are entirely too fre­ 3. In its Notice of Proposed Rule Mak­ include General Class (not Conditional) quent to warrant consideration in this ing, the Commission proposed the estab­ licenses. He indicates that including Gen­ context. A special event station call sign lishment of a separate Commemorative eral Class licensees would generate more is intended to be used at the location of, or “special event” station license under interest among amateur operators and in connection with and for the short du­ which amateur operators may operate as a result more special event calls would ration of a celebration which is unique, for an abbreviated period in connection be issued. Also, it would make the public distinct and of significance to the general with a • celebration shown to be unique, more aware of the services amateur op­ public or Amateur Radio operators, for distinct and of general interest to either erators can perform for the public. the purpose of bringing public notice to a segment of the general public or to 8. We are, in effect, creating new ama­ the Amateur Radio Service. amateur radio operators for the purpose teur privileges. It is our policy, consist­ T h ir d P a r t y O p e r a t io n of enhancing the public recognition, to­ ent with our incentive licensing program, ward the Amateur Radio Service. Under to award these new privileges to higher 15. One of the comments was con­ past practices there has been a lack of class licensees who have by their status cerned with' use of Amateur Radio by uniformity in the application of §97.51 demonstrated greater commitment to the non amateurs or non amateur organiza­ (a) (4) .of the Rules relating to specific service. Also, by this provision it would tions to further their commercial inter­ call signs for a special event because the simplify dual station identification that ests. To the extent that there is con­ provision contained no specific criteria. would otherwise be required when a con­ cern that improper use may be made by Under the redefined criteria a separate trol operator operated within his opera­ amateurs on behalf of organizations “ special event” station license would be tor’s class of license but which exceeded (third party communications) licensees created. Considerably more applicants those of the station licensee (e.g. Gen­ are reminded that third party traffic con­ would be able to establish their eligibility eral Class). sisting of the regular business or com­ for such a license and obtain a specific 9. The American Radio Relay League mercial affairs of any party is specifically call to be used solely in connection with (ARRL) views the 30 day limit imposed prohibited (§97.114). As stated in the the particular event. The proposed ter­ by the proposed rule as being unneces­ Order of September 27,1974, specific vio­ minology “ commemorative” call sign is sary since the celebration of the type lations of the Commission’s rules, if ob­ being changed to “special event” because envisioned by the rule generally rims be­ served, should be clearly detailed and we believe it more nearly reflects both tween one to ten days. Further, it states brought to the Commission’s attention past and present eventa^contemplated that a celebration beyond the 30 days for possible enforcement action. by most amateurs. would automatically 'provide a basis of 16. In view of the foregoing, we find 4. This proposal was unconditionally extraordinary circumstances requiring that the amendments to Part 97, set supported by two respondents, condition­ an extension of the license period. forth in the attached Appendix are in the ally endorsed by six respondents and op­ 10. The 30 day provision is designed to public interest, convenience and neces­ posed by one. Clifton Evans, K 6BX, filed make it abundantly clear that the spe­ sity. The authority for such amendments comments both in his individual capac­ cial event station is not another perma­ is contained in §§ 4(i) and 303 of the ity and as a representative of Interna­ nent type amateur station. It is intended Communications Act of 1934, as tional Amateur Radio Society (IR AS ). as a short term station to highlight an amended, and Title V of the Independ- The following matters were raised by event or celebration and not to be con­ ent Offices Appropriations Act of 1952. those who conditionally endorsed the strued as being available for an event of The application requirement contained proposal: an enduring nature. The 30 day period in § 97.41(f) was approved by the U.S.

FEDERAL REGISTER, V O L 40, NO . 78— TUESDAY, APRIL 22, 1975 17756 RULES AND REGULATIONS

General Accounting Office on April 14, tion licenses, each for a different land (5) Specific call sign requested, if 1975. location, except that repeater station, desired. 17. Accordingly, it is ordered, That ef­control station, auxiliary link station, (g) One application and all papers fective May 27, 1975, Part 97, of the and special event station licenses may be incorporated therein and made a part Commission’s Rules is amended as set issued to an amateur radio operator for thereof shall be submitted for each forth in the attachment. It is further land locations where another station amateur station license. I f the applica­ ordered, That this proceeding is termi­ license had been issued to the applicant. tion is only for a station license, other nated. * * * * * than a special event station, it shall be (Secs. 4, 303, 48 Stat., as amended, 1066, 3. Sections 97.41 (a) and (g) are re­filed directly with the Commission at 1082; 47 UJ3.C. 154, 303) vised and § 97.41(f) is. added to read its Gettysburg, Pennsylvania office. If as follows: the application also contains application Adopted: March 4, 1975. for any class of amateur operator li­ Released: April 17,1975. § 97.41 Application for station license. cense, it shall be filed in accordance with (a) Each application for a club orthe provisions of § 97.11. F ederal C ommunications military recreation station license in the * * . * * * C o m m is s io n , Amateur Radio Service shall be made on [ s e a l ] V in c e n t J. M u l l i n s , 4. Section 97.51(a)(4) is revised to Secretary, the FCC Form 610-B. Each application read as follows: for any other amateur radio license, ex­ Part 97 of Chapter I of Title 47 of the cept a special event station, shall be § 97.51 Assignment o f call signs. Code of Federal Regulations is amended made on the FCC Form 610. (a) * * * as follows: ***** (4) A specific unassigned call sign - 1. Section 97.3

FEDERAL REGISTER, VOL. 40, N O . 78— -TUESDAY, APRIL 22, 197$ ] 17757 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 rule making prior to the adoption of the final rules.

DEPARTMENT OF THE INTERIOR poses.—Schaus Swallowtail. There are Bahama Swallowtail. Although there reports that single specimens of this are no previous reports of this species Fish and Wildlife Service butterfly have been sold to amateur having been affected detrimentally by [ 50 CFR Part 171 butterfly collectors for as much as $150. hurricanes, the potential does exist. The There are also reports that scene zealous small range of the species makes it highly ENDANGERED AND THREATENED WILDLIFE collectors have thoroughly searched its vulnerable to natural calamity. food plant for caterpillars so that speci­ These species are proposed as “Threat­ Proposed Threatened Status for Two mens might be procured. Intensive ened” species rather than as “Endan­ Species of Butterflies searching of food plants for caterpillars gered” species because major portions Background. The United States Pish is believed to be the most serious threat of their range are within Biscayne Na­ and Wildlife Service has evidence that to all populations on keys in Biscayne tional Monument where they are pro­ the following species of insects are National Monument. A proposed ferry tected by Federal law. threatened species as defined by the En­ service to these islands would allow All prohibitions of section 9(a) of the dangered Species Act of 1973 (16 USC amateur collectors ready access to these Endangered Species Act of 1973 shall 1531-43; 87 Stat. 884): Schaus Swallow­ populations. Taking of the adult butter­ apply, with the exception of the follow­ tail (Papilio aristodemus ponceanus) r flies, however, is not Considered as ing permitted act: and the United States population of the serious a threat, and no exportation to (1) The taking of adult Schaus Swal­ Bahama Swallowtail (Papilio andrae- foreign countries is known. lowtail (Papilio aristodemus ponceanus) mon bonhotei). . Bahama Swallowtail. These butter­ on Key Largo for non-commercial pur­ Section 4(a) of the Endangered Spe­ flies are highly desired by collectors and poses in compliance with State laws and cies Act of 1973 states that the Secretary their commercial value is considerable. regulations. of the Interior may determine a species 3. Disease or predation.— Schaus Supporting data for the above state­ to be an endangered species, or a threat­ Swallowtail. Not applicable. Bahama ments and proposals are on file with ened species, because of any of five fac­ Swallowtail. Not applicable. the Fish and Wildlife Service, Wash­ tors. These factors, and their applica­ 4. The inadequacy of existing regula­ ington, D.C. The Governor of the State tion to the Schaus Swallowtail and the tory mechanisms.—Schaus Swallowtail. of Florida has been notified with respect Bahama Swallowtail, are as follows: Although this species Is Federally pro­ to" this proposed rulemaking and re­ 1. The present or threatened destruc­ tected within Biscayne National Monu­ quested to submit comments and recom­ tion, modification or curtailment of its ment, it is not protected in other por­ mendations. All interested persons are habitat or range.— Schaus Swallowtail. tions of its range, invited to submit written comments, The original range of this butterfly in Bahama Swallowtail. Not applicable. suggestions, objections, and factual in­ the United States was from South Miami (The species occurs only in Biscayne formation concerning this proposal to south through the offshore islands and National Monument, where it is federally the “Director (FWS/LE), U.S. Fish and larger keys to Lower Matecumbe Key, protected.) ' Wildlife Service, Post Office Box 19183, 5. including Elliot Key, Sands Key, Key Other natural or man-made factors Washington, D.C. 20036.” All comments affecting its continued existence.— Largo, Lower Matecumbe Key, Old received on or before July 21, 1975, will Schaus Swallowtail. In the past, hurri­ Rhodes Key, Totten Key, and possibly . be considered. canes have been reported, at least tem­ Lignum Vitae and Adams Keys. The oc­ porarily, to have eliminated some popu­ Dated: April 17,1975. currence of the butterfly is dependent on lations of this species. - L y n n A. G r e e n w a l t , the native Torchwood (Amyris elemi The areas from which the butterfly fera) , its catepillar food plant. Director, was eliminated were subsequently re- Fish and Wildlife Service. The South Miami population has been colonized from adjoining populations. extinct for many years, and the Key The smaller the range of this species be­ Accordingly, it is hereby proposed to Largo population is now strongly re­ comes, however, the greater the risk that amend Part 17, Title 50 of the Code of duced due to commercial development a single natural event (hurricane car Federal Regulations, as follows: there. Amend § 17.32 by adding the following: Bahama Swallowtail. This butterfly freeze) could cause the species to be­ occurs in the Bahama Islands and in ex­ come extinct. § 17.32 Threatened wildlife list. treme South Florida. In Florida it may have occurred in the South Miami area Fortton o f range where it is now extinct. In 1972 a colony Common name Scientific name Range , over which of the butterfly was discovered on Elliot threatened Key" within the confines of Biscayne (a) Mammals____ = 3 * * • • * * * * * National Monument, its required habi­ (b) Birds____^ — 1 • * * * ♦ * * * • tat is similar to that of the Schaus (1) Schaus,.™'.^ Papilio arnfodtmut ponceanus. , . __ Biscayne N ational Monument, D ade Entire range.' Swallowtail except that its caterpillar County, Key Largo, Lower Mate* food plant is Key Lime (.Citrus auranti- combe Key, Monroe County, Florida. folia) and Sour Orange (Citrus auran- (2 ) Bahama..^;- Papilio andraemon bonhotei ----- srs Bahama Islands and Biscayne Na* Do. tium ). tional Monument, Dade County, * y **v 2. Overutilization for commercial Florida. sporting, scientific, or educational pur­

FEDERAL REGISTER, VOL. 40, NO , 79— TUESDAY, APRIL 22, 1975

\ 17758 PROPOSED RULES

(i) Prohibitions. All the prohibitions (9) Notice dated March 7, 1964, Outer and maps which are submitted pursuant listed in section 9 (a )(1 ) of the Endan­ Continental Shelf, Geological and Geo­ to the requirements of this part shall not gered Species Act of 1973 (16 U.S.C. 1538 physical Exploration (Alaska) (29 FR be available for public inspection with­ (a)(1)) shall apply to the Schaus Swal­ 3369). out the consent of the lessee so long as lowtail and the Bahama Swallowtail, (10) Memorandum dated May 14,1965, the lease remains in effect, or for a period Provided, That adult Schaus Swallow­ from the Director, Geological Survey to of 10 years following issuance of the tails (Papilio aristodemus ponceanus) * the Secretary of the Interior, approved lease, whichever is less, unless the Super­ may be taken on Key Largo, if the taking by the Secretary of the Interior on May visor determines that earlier release of is not in the course of a commercial ac­ 20, 1965, authorizing the Area Oil and such information is necessary for the tivity, and if the taking is in accordance Gas Supervisor, Gulf of Mexico Area, to proper development of the field or area. with State and local law. approve core drilling on the Continental (b) Geological data which are sub­ [FR Doc. 75-10475 Filed 4-21-75;8:45 am] Slope of the Gulf of Mexico. mitted pursuant to the requirements of (11) Memorandum dated February 16, this part shall be made available for pub­ 1967, from the Director, Geological Sur­ lic inspection within a period of 6 months Geological Survey vey, to the Secretary of the Interior, ap­ after the date of submission pursuant to [ 30 CFR Parts 250,251 ] proved by the Secretary of the Interior the requirements of this part except that on March 1, 1967, authorizing the Area the Supervisor may extend the time for OUTER CONTINENTAL SHELF Oil and Gas Supervisor, Eastern Area, release up to a total of one year after Oil, Gas and Sulphur Operations; Geological to approve core drilling on the Conti­ the date of submission. and Geophysical Explorations nental Slope of the Atlantic Ocean. Part 251 is added to Chapter n of Notice is hereby given that, pursuant (12) Notice dated December 11, 1974, Title 30 of the Code of Federal Regula­ to the authority vested in the Secretary Outer Continental Shelf Geological and tions to read as follows : Geophysical Exploration (39 FR 43562). of the Interior by the Outer Continental PART 251— GEOLOGICAL AND GEOPHYS­ Shelf Lands Act of August 7, 1953 (67 These proposed regulations also incor- , ICAL EXPLORATION OF THE OUTER Stat. 462; 43 U.S.C. 1331-1343), it is porate the subject matter of draft CONTINENTAL SHELF proposed to amend 30 CFR 250.97 and to amendments of 30 CFR 250.38(g), 250.70, 250.71, 250.72, 250.73, and 250.74 appear­ General Provisions add Part 251 to Title 30, Code of Fed­ Sec. eral Regulations. ing in a notice published in the F ederal 251.1 Purpose. The purpose of the amendment of 30 R egister on May 16, 1974 (39 FR 17448- 251.2 Authority and scope. CFR 250.97 is to specify a definite time 17447) pertaining to geological and geo­ 251.3 Definitions. when geological and geophysical inter­ physical data submission and disclosure. 251.4 Requirements for conducting geo­ pretations, maps and data pertaining to On the basis of public hearings held on logical and geophysical explora­ leased lands will be made available for July 15 and 16, 1974, and comments re­ tions of the Outer Continental ceived, certain changes are incorporated Shelf. public inspection. The'purpose of Part 251.5 Responsibilities. 251 is to prescribe policies, procedures, in these proposed regulations. and requirements for conducting geolog­ It is the policy of the Department of Conditions for I ssuance of Permits ical and geophysical explorations of the the Interior, whenever practicable, to af­ 251.10 Applications. Outer Continental Shelf. ford the public an opportunity to par­ 251.11 General conditions of permits. It is also proposed that when Part 251 ticipate in the rule making process. Ac­ 261.12 General obligations of permittee. is adopted, all existing authorizations to cordingly, interested parties may submit 251.13 Core or test drilling. conduct geological and geophysical ex­ written comments, suggestions, or objec­ 251.14 Reports. plorations of the Outer Continental tions with respect to the proposed reg­ 251.15 Public availability of records. Shelf be revoked as follows: ulations to the Director, U.S. Geological Cancellation, Penalties and Appeals (1) Notice dated September 17, 1953, Survey, National Center, Reston, Vir­ 251.20 Revocation and cancellation. Outer Continental Shelf, Geological and ginia 22092, on o r before June 6,,1975. 251.21 Penalties. Geophysical Explorations (Texas) (18 Pursuant to section 102(2) (C) of the 251.22 ; Appeals. F R 5667 and footnote 1). National Environmental Policy Act of Au tho rity: Sec. 11, Outer Continental (2) Notice dated March 23, 1954, 1969 (42 U.S.C. 4332(2) (C)), the Depart­ Shelf Lands Act of August 7, 1953 (67 Stat. Outer Continental Shelf, Geological and ment has prepared a draft Environmen- 462, 469; 43 U.S.C. 1331,1340). Geophysical Explorations (Louisiana) tal Impact Statement on the proposed 30 <19 FR 1730). CFR Part 251.. The availability of the G eneral P rov isions (3) Notice dated March 31, 1955, statement is being officially announced § 251.1 Purpose. Outer Continental Shelf, Geological and simultaneously with the publication of The purpose of the regulations in this Geophysical Explorations (California) this notice. Comments thereon are being <20 FR 2023). part is to prescribe policies, procedures, invited and will be considered in the and requirements for geological and geo­ (4) Notice dated March 27, 1956, preparation of a final Environmental physical exploration for mineral re­ Outer Continental Shelf, Geological and Impact Statement to be published prior Geophysical Exploration (Florida) (21 sources and scientific research of the to any final decision on the issuance of Outer Continental Shelf. FR 2129). the proposed regulations. (5) Notice dated August 25, 1958, § 251.2 Authority and scope. Outer Continental Shelf, Geological and Dated: April 16, 1975. (a) The regulations in this part are Geophysical Explorations (Alabama) R o y s t o n C. H ughes, (23 FR 6760). issued pursuant to Section 11 of the Assistant Secretary of the Interior. Outer Continental Shelf Lands Act of (6) Notice dated August 5, 1960, PART 250— OIL AND GAS AND SULPHUR August 7, 1953 («7 Stat. 462, 469, 43 Outer Continental Shelf, Geological and OPERATIONS IN THE OUTER CONTI­ U.S.C. 1331, 1340). Geophysical Explorations (Georgia) (25 NENTAL* SHELF (b) It is the policy of the Department FR 7811). Fart 250 of Title 30 of the Code of Fed­ to encourage geological and geophysical (7) Notice dated September 6, 1960, explorations of the Outer Continental Outer Continental Shelf, Geological and eral Regulations is amended as set forth below: Shelf. Geophysical Explorations (Atlantic (c) Authorization by the Department Coast Area) (25 FR 8759). Section 250.97 is amended to read as to engage in such activities conveys no follows: (8) Notice dated July 28, 1961, Outer right to a lease and constitutes no com­ Continental Shelf, Geological and Geo­ § 250.97 Public inspection o f records. physical Explorations (Pacific Coast mitment by the Government to offer the Area off Oregon and Washington) (26 (a) Geophysical interpretations, mapsarea covered by the authorization for FR 6874). and data and geological interpretations leasing.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRH. 22, 1975 PROPOSED RULES 17759

(d) The regulations in this part shall ditions at the locations specified in the in this part shall be administered by the not apply to geological and geophysical permit. Director, through the Chief, Conserva­ explorations conducted on a lease in the (i) Outer Continental Shelf. All sub­tion Division of the Geological Survey Outer Continental Shelf of the United merged lands which lie seaward and and the Supervisor. States by or on behalf of the lessee. outside the area of lands beneath navi­ * (a) The Supervisor shall receive and Those explorations shall be governed by gable waters as defined in the Submerged act on applications to conduct geological the regulations in Part 250 of this chap­ Lands Act (67 Stat. 29; 43. Ü.S.C. or geophysical exploration of the Outer ter. §§ 1301-1315) and o f which the subsoil Continental Shelf. Permits for explora­ (e) The regulations of this part are and seabed appertain to the United tion involving the use of solid or liquid applicable to permits issued prior to pub­ States and are subject to its jurisdiction explosives or for penetration of more lication of this part, but if there is direct and control. than 50 feet (15.2 meters) of consoli­ conflict between the express terms of v (j) OCS Order. A formal numbered dated rock or a total of 300 feet (91.4 such a permit and these regulations the order issued by the Supervisor with the meters) shall be approved only under terms of the permit shall control. prior approval of the Chief, Conserva­ conditions established by the Director. tion Division, Geological Survey, that (b) The Supervisor shall not issue any § 251.3 Definitions. implements the regulations contained in permit until he has found that such ex­ When used in this part, the following this part or 30 CFR Part 250 of this ploration will not interfere with or en­ definitions shall apply: Chapter anc applies to operations in danger operations under any lease main­ (a) Director. The Director of the Geo­ an area or a major portion thereof. tained or granted pursuant to the Outer logical Survey, United States’ Depart­ Continental Shelf Lands Act and that § 251.4 Requirements for conducting ment of the Interior. such exploration will not be unduly (b) Supervisor. A representative of the geological and geophysical explora­ tions o f the Outer Continental Shelf. harmful to aquatic life in the area, result Secretary, or any subordinate of such in pollution, create hazardous or unsafe representative acting under his direc­ (a) Any person wishing to conduct conditions, unreasonably interfere with tion, subject to the direction and super­ geological or geophysical explorations for other uses of the area, or disturb any site, visory authQrity of the Director, the mineral resources of the Outer Con­ structure, or object of historical or ar­ Chief, Conservation Division, Geological tinental Shelf must obtain a permit for chaeological significance. Survey, and the appropriate Conserva­ such^exploration from the Supervisor. (c) The Supervisor shall not approve tion Manager, Conservation Division, (b) Any person desiring to conduct an application i f the applicant has dem­ Geological Survey, authorized and em­ explorations for scientific research on onstrated an unwillingness to conduct powered to regulate operations and to the Outer Continental Shelf is not re­ exploration activities in accordance with perform other duties prescribed in the quired to obtain a permit from the Su­ the terms and conditions of the permit regulations in this part. pervisor unless such explorations involve and applicable OCS orders, regulations, (c) Person. A natural person, an asso­ the use of solid or liquid explosives or and laws. ciation, a State, a political subdivision of the penetration of more than 50 fëet (d) The Supervisor may, subject to the a State, or a private, public or munici­ (15.2 meters) of consolidated rock or a approval of the Chief, Conservation pal corporation. total of 300 feet (91.4 meters). Division, Geological Survey, issue OCS (d) Geological explorations for mineral (c) Agencies of the United States us­ orders implementing the requirements resources. Operations which utilize geo­ ing Federal employees and federally- of the regulations of this part when such logic and geochemical techniques, in­ owned facilities are not required to ob­ implementations apply to an entire area cluding core and test drilling and vari­ tain a permit to conduct geological or or a major portion thereof. ous bottom sampling methods, to pro­ geophysical explorations of the Outer (e) The Supervisor may issue written duce information concerning the Outer Continental Shelf. or oral orders to govern operations under Continental Shelf. The term does not in­ (d) Persons conducting scientific re­ a specific permit. The Supervisor shall clude explorations for scientific research. search not requiring a permit and agen­ confirm oral orders in writing as prompt­ (e) Geophysical explorations for min­ cies of the United States shall, prior to ly as possible. eral resources. Operations which utilize commencing such explorations, file with (f ) When any person intending to con­ geophysical techniques, including grav­ the Supervisor a notice to the Director duct scientific research for which a per­ ity, magnetic and various seismic meth­ which includes: mit is not required or any agency of the ods, to produce information concerning (1) Identification of the person or United States has notified the Super­ the Outer Continental Shelf. The term agency which will conduct the proposed visor of its desire to conduct explora­ does not include explorations for scien­ exploration; tions of the Outer Continental Shelf, tific research. (2) Type of exploration and manner the Supervisor shall inform the person (f Y Geological and geophysical explo­ in which it will be conducted; or agency of precautions which the rations for scientific research. Any in­ (3) Location on the Outer Continen­ Director considers necessary to assure vestigation conducted for scientific re­ tal Shelf where the exploration will be lhat the exploration will not interfere search purposes involving the gathering conducted; with or endanger operations under a and analysis of geological or geophys­ (4) Dates on which the exploration lease, cause undue harm to aquatic life, ical data of the Outer Continental Shelf, is to be commenced and completed; cause pollution, create hazardous or un­ the results of which will be made avail­ (5) The proposed timing and manner safe conditions, unreasonably interfere able to the public. in which the results of the exploration with other uses of the area, or disturb (g) Deep stratigraphic test. Drilling will be released to the public or made any site, structure, or object of historical of more than 50 feet <15.2 meters) of available through publication; and or archaeological significance. consolidated rock or a total of 300 feet (6) A statement that the data and the

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17760 PROPOSED RULES

location of exploratory activities con­ the Area Oil and Gas Supervisor, Alaska of the area, or disturb any site, struc­ ducted pursuant to this part which may Area, Anchorage, Alaska. ture, or object of historical or archaeo­ affect their respective programs and (2) Applications to conduct geological logical significance. interests. or geophysical exploration for minerals (b) Upon the direction of the Su­ (j) The Supervisor or his representa­other than oil, gas, and sulphur shall be pervisor, a permittee authorized to con­ tive may order, either in writing or orally filed in the following Geological Survey duct geological or geophysical explora­ with written confirmation, the suspen­ offices: tions shall utilize the services of an ad­ sion of any operation conducted pursu­ (i) For areas off the Atlantic Coast visor or consultant qualified to observe ant to a permit issued in accordance with and in the Gulf of Mexico—the Area and advise and who will observe opera­ the regulations of this part when in his Mining Supervisor, Eastern Area, Wash­ tions conducted pursuant to the permit Judgment such operation threatens im­ ington, D.C. and advise the permittee and the Super­ mediate, serious, and irreparable harm (ii) For areas off the States of Alaska! visor of any adverse effects of the opera­ or damage to life, including aquatic life, California, Oregon, and Washington— tions upon the environment, aquatic life, property, cultural resources, any valu­ the Area Mining Supervisor, Alaska— and other uses of the area. The cost of able mineral deposits, or the environ­ Pacific Area, Menlo Park, California. obtaining any non-Federal advisor or ment. Such suspension of operations un­ (3) Applications to conduct scientific consultant shall be paid by the permittee. der the permit shall continue until the research on the Outer Continental Shelf The permittee shall, on request of the permittee is notified in writing by the which requires a permit shall be filed Supervisor, furnish quarters and trans­ Supervisor that operations may resume. with the Area Oil and Gas Supervisor as, portation at no cost, for a Federal rep­ indicated in paragraph (c )(1) of this C o n d it io n s f o e I s su a n c e o f P e r m it s resentative to inspect operations. section. § 251.10 Applications. § 251.13 Core or test drilling. § 251.11 General conditions of permits. (a) Applications for permits to conduct (a) Permits authorizing geological ex­ geological or geophysical exploration of (a) Separate permits for geological ploration by means of shallow coring or the Outer Continental Shelf shall be on and for geophysical explorations will be drilling may be issued by the Supervisor. a form approved by the Director, Geo­ issued. (1) Prior to issuing a permit, the Su­ logical Survey. All applications shall in­ (b) Each permit shall authorize the pervisor may require that high resolu­ clude: exploration as described in the applica­ tion seismic data including bathymetric, (1) Identification of persons or agen­ tion, except to the extent that the de­ side-scan sonar and magnetometer data cies participating in the proposed explo­ scription is modified by the terms of the be gathered across any proposed drilling ration; permit; and will notify the permittee location so as to determine shallow struc­ (2) Type of exploration and manner that it must comply with the terms and tural detail in the vicinity of the pro­ in which it will be conducted; conditions of the permit, OCS orders, posed test. (3) Location where the exploration other orders of the Supervisor, the reg­ (2) m order to minimize duplicative will be conducted; ulations in this part, and other applica­ geological exploration involving pene­ (4) Purpose of conducting such ex­ ble laws and regulations. Geological and tration of the seabed of the Outer ploration; geophysical exportation permits shall be Continental Shelf, the Supervisor may (5) Dates on which the exploration subject to such terms and conditions as require an applicant to afford all inter­ will be commenced and completed; and the Supervisor deems necessary includ­ ested persons an opportunity to par­ (6) Such other information as the ing, but not limited to, terms and condi­ ticipate in the program on a cost-sharing Supervisor may request of the applicant. tions to assure that operations will not: basis. The penalty for late participa­ (b) Applications to conduct geological (1) Interfere with or endanger oper­ tion in such a program shall not be more or geophysical explorations of the Outer ations under any lease maintained or than 50 percent of the cost to each of Continental Shelf must be filed in dupli­ granted pursuant to the Outer Conti­ original participants, i f required to pro­ cate with the Supervisor as follows: nental Shelf Lands Act; vide for group participation, the appli­ ( 1) For geophysical explorations which (2) Cause undue harm to aquatic life; cant shall: do not involve the use of explosives, at (3) Cause pollution; (i) Publish a summary statement of (4) Create hazardous or unsafe con­ the proposed program in a manner ap­ least 10 working days before the work ditions: for which the permit is sought is sched­ proved by the Supervisor; uled to begin; (5) Unreasonably interfere with or (ii) Allow reasonable time, but not (2) For geological explorations (ex­ harm other uses of the area; or less than 30 days from the date of pub­ cluding deep stratigraphic tests) or geo­ (6) Disturb any site,, structure, or ob­ lication, for other persons to consider physical explorations involving the use ject of historical or archaeological sig­ participation in the program; of explosives, at least 30 working days nificance. (iii) Forward a copy of the published before the work for which the permit (c) The permit shall provide for the notice(s) to the Supervisor; sought is scheduled to begin; and means by which data will be submitted (iv) Compute the direct costs to a (3) For deep stratigraphic tests, at to Geological Survey. participant in a geological exploration least 90 working days before the work (d) The permittee shall notify appro­ program by dividing the total costs of for which the permit is sought is sched­ priate agencies including the Coast the program by the number of partici­ uled to bpgin. Guard, the Corps of Engineers and other pants. Such figure shall be revised when (c) Application filing locations: Federal and State agencies designated by additional (including late) participants (1) Applications to conduct geologicalthe Supervisor prior to commencing ex­ join the group; and and geophysical explorations for oil, gas, plorations. (v) Furnish the Supervisor with a com­ and sulphur shall be filed in the follow­ § 251.12 General obligations of permit- plète list of all participants under the ing Geological Survey offices : ' tee. permit prior to commencing operations (i) For areas off the Atlantic Coast— and, on a timely basis, a list of all late the Area Oil and Gas Supervisor, East­ (a) A permittee shall conduct explo­ participants. ern Area, Washington, D.C. rations only in compliance with the t (3) The permittee shall conduct such (ii) For areas in the Gulf of Mexico— terms and conditions of the permit, the exploration in a manner which prevents the Area Oil and Gas Supervisor, Gulf orders of the Supervisor, the regulations blowouts, prevents release of fluids from of Mexico Area, Metairie, Louisiana. in this part, and all other applicable stratum into the sea, and prevents com­ laws and regulations, and in a manner (iii) For areas off the coast of the munication between separate fluid­ which will not interfere with or endanger States of California, Oregon, and Wash­ operations under any lease, or unduly bearing strata of oil, gas, or water. The ington—the Area Oil and Gas Supervi­ harm aquatic life, result in pollution, permittee shall utilize appropriate pro­ sor, Pacific Area, Los Angeles, California. create hazardous or unsafe conditions, tective measures and devices specified (iv) For areas off the State of Alaska— unreasonably interfere with other uses by the Supervisor.

FEDERAL REGISTER, V O L 40, M O . 78— TUESDAY, APRIL 22, 1975 PROPOSED RULES 177G1

(b) Permits authorizing geological ex­ (v) Furnish the Supervisor, with a (2) Charts, maps, or plats depicting ploration by means of deep strati­ complete list of all participants under the areas in which the exploration was graphic drilling on the Outer Continenr the permit prior to commencing opera­ conducted and specifically identifying tar Shelf may be issued by the Supervi­ tions and submit, on a timely basis, a list the lines over which geophysical sor only after the Director has approved of all late participants. traverses were run or the specific loca­ the drilling plan. (c) (1) Prior to any coring or drilling tions at which geological explorations (1) An application to conduct deep activity, the permittee will conduct stud­ were conducted, including a reference stratigraphic drilling shall be accom­ ies sufficient to determine the possible sufficient to identify the data produced panied by a drilling plan which shall existence, of any sites, structures, or ob­ during each such operation; include: jects of historical or archaeological sig­ (3) The dates on which the explora­ (1) A description of the drilling rig nificance that may be affected by such tion was performed; proposed for use showing the design an operation, and shall report the find­ (4) A report of any adverse effects and major features thereof, including ings of the* studies to the Supervisor. If of the exploration on the environment, features intended to prevent or control any study indicates the possible presence aquatic life, any lease operations in the pollution; of a cultural resource, a full explanation area, or other uses of the area in which (ii) The location of each deep strati­ will be included in the report and the Su­ the exploration was conducted, or on graphic test to be drilled including sur­ pervisor shall take appropriate action. any site, structure or object of historical face and projected bottom hole location (2) The permittee shall take no actionor archaeological significance. for directionally drilled tests; that may result in its disturbance with­ (5) The data required to be submitted (iii) An oil spill contingency plan and out the prior approval of the Supervisor, in paragraphs (d) and (e) of this sec­ a description of all equipment and ma­ but if any cultural resource is acciden­ tion; and terials available to the permittee for tally discovered, the permittee shall (6) Such other information as may be use in containment and recovery of an immediàtely report the finding to the Su­ specified by the Supervisor. oil spill, with a description of the capa­ pervisor and make every reasonable ef­ (d) In addition to the reports required bilities of such equipment under differ­ fort to preserve and protect the cultural in paragraphs (a ), (b ), (c) of this sec­ ent sea and weather conditions; resource from damage until the Super­ tion, upon request by the Supervisor, (iv) High resolution seismic data in­ visor has given directions as to its dispo­ the following geological data and proc­ cluding bathymetric, side-scan sonar and sition. essed information acquired under geo­ magnetometer data collected across any (d) All Outer Continental Shelf Regu­ logical exploration permit shall be sub­ proposed drilling location so as to permit lations relating to drilling operations in mitted to the Supervisor within 30 days determination of shallow structural de­ Part"250 of this chapter and all OCS Or­ after request. The time for submitting tail in the vicinity of the proposed well, ders rèlating to the drilling and aban­ processed data may be extended by the and for stratigraphic wells proposed to donment of wells apply as appropriate to Supervisor if the permittee shows that depths greater than 1,000 feet (304.8 permits to drill, issued pursuant to this additional time is necessary to com­ metres) below the mudline, common part. Departures from the requirements plete data processing. depthvpoint seismic data from the area of OCS Orders"shall be permitted as pro­ (1) Accurate and complete records of of the proposed test location and inter­ vided for in § 250.12(b) of this chap­ all geological and geochemical data re­ pretations therefrom; and ter. sulting from each drilling operation; - (v) Such other pertinent information (e) Bonds. Before a permit authoriz­ (2) Paleontological reports identifying and data as the Director or Supervisor ing coring or drilling will be issued, the microscopic fossils by depth (not result­ may request. applicant ¿hall furnish to the Bureau of ing age interpretations based upon such (2) Before any modification may be Land Management a corporate security identification) unless washed samples made in an approved drilling plan, the bond of not less than $100,000 condi­ are maintained by the permittee for proposed modification must be approved tioned on compliance with the terms of paleontological determination and are by the Director. Any relocation of drill- the permit, unless he already maintains made available for inspection by the site exceeding 300 feet (91.4 metres) or with or furnishes to the Bureau of Land Geological Survey; redrill of the hole shall have prior ap­ Management a bond in the sum of $300,- (3) Copies of logs or charts of electri­ proval of the Supervisor. 000 conditioned on compliance with the cal, radioactive, sonic, and other well (3) In order to minimize duplicative terms of exploration permits issued to logging-operations ; geological exploration involving penetra­ him on the Outer Continental Shelf in (4) Analyses of core or bottom samples tion of the seabed of the Outer Conti­ (1) Gulf of Mexico, (2) along the Pacific or a representative cut or split of the nental Shelf, the Supervisor shall require Coast, (3) along the Atlantic Coast, or core or bottom sample; an applicant for a permit to perform (4) other area of operations, as may be (5) Detailed descriptions of any hy­ deep stratigraphic drilling to afford all appropriate. The bond furnished or drocarbon shows or hazardous condi­ interested persons an opportunity to par­ maintained by the applicant will be on a tions encountered dining operations, in­ ticipate in the program on a cost-shar­ form approved by the Supervisor. cluding near losses of well control, ab­ ing basis with a penalty for late, partici­ normal geopressures, and losses of cir­ pation of not more than 100 percent of § 251.14 Reports. culation; and the cost to each original participant. To (a) The Director shall be notified im­ (6) Such other geological and geo­ provide for group participation, the ap­ mediately, through the Supervisor, of chemical data and processed infonha- plicant shall: any adverse effects of the exploration on tion obtained under the permit as may (i) Publish a summary statement of the environment, aquatic life or other be specified by the Supervisor. the proposed program in a manner ap­ uses of the Area in which the explora­ (e) Ih addition to the reports required proved by the Supervisor; tion was conducted or on any site, struc­ in paragraphs (a), (b), and (c) of this (ii) Allow reasonable time, but not less ture, or object of historical or archaeo­ section, upon request by the Supervisor, than 30 days from the date of publica­ logical significance. the following geophysical data and proc­ tion, for other persons to consider par­ (b) The permittee shall send interim essed information acquired under a geo­ ticipation in the program; reports which include a daily log of physical exploration permit shall be sub­ (iii) Forward a copy of the published operations to the Supervisor on a mitted to the Supervisor within 30 days notice(s) to the Supervisor; weekly basis. • . after request. The time for submitting (iv) Compute the direct cost to a par­ (c) The permittee shall submit a final processed data may be extended by the ticipant in a geological exploration pro­ report to the Supervisor within 30 days Supervisor if the permittee shows that gram by dividing the total cost of the after the completion of any exploration additional time is necessary to complete program by the number of participants. activity. The final report shall contain data processing. Such figure shall be revised when addi­ the following: C l) Accurate and complete records of tional (including late) participants join (1) A description of the work per­each geophysical survey conducted un­ the group; and formed; der the exploration permit, including

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 17762 PROPOSED RULES final location maps of all survey sta­ ject to any civil or criminal remedies tional consideration should be given to tions; and which the Secretary chooses to pursue. the question of the proper pretreatment (2) All common depth point and high g 251.22 Appeals. standard for the discharge of oil and resolution seismic data developed under grease for all industrial categories. The an exploration permit including the proc­ Orders or decisions issued under the Agency has compiled additional data essed information derived therefrom regulations in this part may be appealed concerning this question. This data is with extraneous signals and interference as provided in Part 290 of this chapter. summarized and analyzed in a document removed, in a format and quality suit­ {P R Doc.75-10499 Plied 4-21-75;8:45 am ] entitled “Treatability of Oil and Grease.” able for interpretative' evaluation, re­ These data appear to indicate that no flecting state-of-the-art processing tech-' DEPARTMENT OF pretreatment limitation should be placed niques; and other data including, but not on the discharge of oil and grease of an limited to, shallow and deep subbottom TRANSPORTATION animal or vegetable origin where such profiles, bathymetry, side-scan sonar, Coast Guard wastes are essentially free from petro­ magnetometer, and bottom profiles; leum or mineral based oil and greases. On [ 33 CFR Part 1751 gravity and magnetic; and data from the other hand, where the oil and grease special studies such as from refraction (C G D 74—159] is known to be derived from petroleum surveys, velocity surveys and domal con­ NONAPPROVED LIFESAVING DEVICES ON or mineral sources or where the source figuration studies. WHITE WATER CANOES AND KAYAKS is unknown a pretreatment standard lim­ § 251.15 Public availability of records. itation of 100 mg/1 on oil and grease ap- Proposed Revocation of Exception;. pears to be most appropriate. The Agency Geological and geophysical data, in­ Comment Period Extension is presently considering inclusion of these cluding processed information relating In the February 4, 1975 issue of the limitations in pretreatment standards for to submerged lands on the Outer Con­ F ederal R eg ister (40 FR 5167), the Coast all industrial categories. However before tinental Shelf collected pursuant to a Guard published a Notice of Proposed doing so, the Agency desires to hear the permit issued after the publication of Rulemaking proposing to revoke the ex­ views of publicly owned treatment plant these regulations and required to be sub­ ception in 33 CFR 175.17 from Personal operators, industrial users and all other mitted to the Supervisor under this part, Flotation Device (PFD) requirements interested parties. shall be made available for public in­ presently allowed for operators of white Information concerning the data spection by the Supervisor as follows: water canoes and kayaks. The notice pro­ which supports the above conclusions (a) Geophysical data including proc­ vided that all written comments received and pertinent definitions and methodol­ essed information—ten years after issu­ before April 17, 1975 would be consid­ ogy are contained in the above men­ ance of a permit to conduct exploration. ered before action would be taken on the tioned document. Copies of this docu­ (b) Geological data and processed proposal. ment are available through the Offiee information: The purpose of this notice is to ex­ of Public Affairs, Environmental Pro­ (1) Immediate release through public tection Agency, Washington D.C. 20460, notice of the discovery during drilling tend the comment period to May 31, 1975 in order to give the public additional Attention: Ms. Ruth Brown, A-107. operations of oil shows and environ­ Interested persons may submit written mental hazards on unleased lands when time to submit written data, views, and arguments concerning the notice. comments in triplicate to Ms. Ruth these shows or hazards are judged to be Brown, Office of Public Affairs, at the significant by the Director. All communications received before above address. Comments on all aspects (2) Ten years after issuance of the May 31, 1975 will be considered before of this request for public participation permit to conduct exploration except for action is taken on the proposed revoca­ are solicited. In the event comments are deep stratigraphic drilling. tion. in the nature of criticisms as to the ade­ (3) Five years after the date of com­ (Sec. 5 of the Federal Boat Safety Act of quacy of data which is available, or pletion of a test well or 60 calendar days 1971 (46 U.S.C. 1454); 49 CFR 1 .4 6 (o )(l)) which may be relied upon by the Agency, after the issuance of the first Federal Dated: April 16,1975. „comments should identify and, if possi­ lease within 50 geographic miles of the ble, provide any additional data which drill site, whichever is earliest, for deep A. F. FtJGARO, may be available and should indicate stratigraphic drilling. Captain, U.S. Coast Guard, why such data is essential to the devel­ Acting Chief, Office of Boating Safety. opment of tiie regulations. . C ancellation , P e n a l t ie s a n d A p pe a ls [F R Doc.75-10470Filed 4-21-75; 8:45 am] In the event comments address the ap­ § 251.20 Revocation and cancellation. proach taken by the Agency in establish­ ing pretreatment standards for existing The Supervisor is authorized to sus­ ENVIRONMENTAL PROTECTION sources, EPA solicits suggestions as to pend or revoke a permit under which the AGENCY what alternative approach should be operation is being conducted, or is pro­ [4 0 CFR Part 450 ] taken and why and how this alternative posed to be conducted, which in his judg­ better satisfies the detailed requirements ment threatens immediate, serious, or [FRL 361-7] of section 307 (b) of the Act. irreparable harm or damage to life, in­ EFFLUENT GUIDELINES AND A copy of all public comments will be cluding aquatic life, to property, to cul­ STANDARDS tural resources, to valuable mineral de­ available for inspection and copying at posits, or to the environment, or for non- Pretreatment Standards for Oil and Grease; the EPA Freedom of Information Cen­ Request for Public Comments compliance with applicable laws, regula­ ter, Room 204, West Tower, Waterside tions, the terms and conditions of the During the past several months EPA Mall, 401 M Street SW., Washington, permit, OCS Orders, or any other writ­ has proposed pretreatment standards for ten order or rule, including orders for existing sources which discharge into D.C. 20460. The EPA information regula­ submitting reports, well records or logs, publicly owned treatment works and pro­ tion, 40 CFR 2, provides that a reason­ and analyses in a timely manner. mulgated pretreatment standards for able fee may be charged for copying. § 251.21 Penalties. new sources which discharge into pub­ All comments received on or before licly owned treatment works, pursuant to May 22, 1974, will be considered. Any person who conducts geological section 307 (b) and (c) of the Federal and geophysical exploration of the Water Pollution Control Act, 33 U.S.C. Date: April 15,1975. Outer Continental Shelf without a per­ section 1317. R u s s e l l E. T r a in , mit issued under this part or who, hav­ Administrator. ing obtained a permit, fails to comply Internal review of these regulations by with the terms of the permit will be sub­ EPA has led to the conclusion that addi­ [F R Doc.75-10478 Filed 4-21-75;8:45 am ]

FEDERAL REGISTER, V O L 40, N O . 78— TUESDAY, APRIL 22, 1975 17753 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 petitions had been received, including, pose of obtaining the full and frank among others, a petition alleging that opinions of the participants on matters [Public Notice CM—5/37] certain payments, bestowals, rebates or which are presently the subject of sensi­ NORTHWEST ATLANTIC FISHERIES refunds granted by the Government of tive international negotiations. ADVISORY COMMITTEE Argentina upon the' manufacture, pro­ Consequently, a determination as re­ Closed Meeting duction, or exportation of leather prod­ quired by section 10(d) of the Federal ucts constitute the payment or bestowal Advisory Committee Act (Pub. L. 92- In accordance with section 10(d) of of a bounty or grant, directly or indi­ 463) has been made that this meeting the Federal Advisory Committee Act, no­ rectly, within the meaning of section 303 is for the purpose of considering matters tice is given that the Northwest Atlantic of the Tariff Act of 1930,. as amended (19 falling within the exemptions to public Fisheries Advisory Committee to the U.S. U.S.C. 1303). disclosure set forth in J5 U.S.C. 552(b) Commissioners to the International Com­ Subsequent to the publication of the (1) and (5), and that the public inter­ mission for the Northwest Atlantic Fish­ above mentioned notice in the F ederal est requires such meeting be closed to eries (ICNAF), will hold a meeting at R e g ister , the petitioner advised that for public participation. 10:00 a.m. on Thursday, May 15,1975, in the purposes of the petition the term Dated: April 17,1975. room 1900 of the J. F. Kennedy Federal leather products was intended to mean Office Building in Boston, Massachusetts. leather footwear. Merchandise of the [ s e a l ] S t e p h e n S. G ardner, The meeting will not be open to the pub­ latter type is included in an ongoing in­ Acting Secretary lic. vestigation of non-rubber footwear from of the Treasury. The meeting will be devoted to discus­ Argentina, .in which a “Notice of Pre­ [P R Doc.75-10690 Piled 4-21-75; 11:33 am] sions on and development of the U.S. ne­ liminary Countervailing Duty Determi­ gotiating position for the Annual Meet­ nation” was published in the F ederal DEPARTMENT OF DEFENSE ing of ICNAF, to be held in Edinburgh, R eg ister on February 18, 1975 (40 FR Scotland in June. Pursuant to section 4 6993). Office of the Secretary of the Northwest Atlantic Fisheries Act For this reason, the above mentioned of 1950, which provides that “the Advi­ DEFENSE SCIENCE BOARD TASK FORCE notice of receipt of countervailing duty ON TECHNOLOGY BASE STRATEGY sory Committee * * * shall be given full petitions is hereby amended by deleting opportunity to examine and to be heard therefrom the words “Leather Products" Task Force Meeting on all proposed programs of investiga­ under the heading “ Commodity" and the A task force of the Defense Science tion, reports, ana recommendations of word “Argentina" undér the heading Board on “ Technology Base Strategy” the United States Commissioners, * * *" “ Country.” will meet on 15 and 16 May 1975 at the the members of the Advisory Committee Any information received in connec­ Pentagon, Washington, D.C. will examine the possible positions to be The mission df the Defense Science taken by the U.S. Commissioners. This tion with leather products will be in­ Board is to advise the Secretary of discussion will necessarily involve discus­ corporated with the non-rubber foot­ Defense and the Director of Defense sion of classified national security infor­ wear investigation. Any parties involved Research and Engineering on overall mation related to the Law of the Sea, the in the leather products petition will be premature disclosure of which would ad­ considered as interested parties in the research and engineering and to pro­ versely affect the ability of the U.S. ne­ non-rubber footwear investigation. vide long range guidance in these areas gotiators at the Annual Meeting to This notice is published pursuant to to the Department of Defense. The task achieve U.S. fisheries and foreign policy section 303 of the Tariff Act of 1930, as force will provide guidance on the allo­ objectives. As it has been determined that amended (19 UJ3.C. 1303). cation of technology base resources and the meeting will involve discussion of identification of technology targets of [ s e a l ] V e r n o n D. A cree, opportunity which hold promise of high matters exempt from public disclosure Commissioner of Customs. payoff within the next decade. The under 5 U.S.C. 552(b) (1) and that the Approved: April 16,1975. « morning session of 15 May will be open, public interest requires that such discus­ and will be devoted to administrative sions be withheld from disclosure, the D avid R . M a cd o nald , matters as well as an overview of study Assistant Secretary objectives. meeting will not be open to the public. of the Treasury. In accordance with section 10(d) of Dated: April 14, 1975. [P R Doc.75-10344 Piled 4-21-75;8:45 am] Appendix I,.Title 5, United States Code, W il l ia m L. S u l l iv a n , Jr., it has been determined that all ses­ Coordinator of Oceans Office of the Secretary sions, except the morning session of 15 and Fisheries Affairs. May 1975, of this Defense , Science ADVISORY COMMITTEE ON REFORM OF [P R Doc.75—10426 Filed 4-21-75; 8:45 am[ Board task force meeting concern mat­ THE INTERNATIONAL MONETARY SYS­ ters listed in section 552(b) of Title 5 of TEM the United States Code, and specifically DEPARTMENT OF THE TREASURY Notice of Meeting subparagraph ( 1) thereof, and that the public interest requires that the after­ Customs Service Notice is hereby given that the Ad­ noon session on 15 May 1975 and the visory Committee on Reform of the LEATHER PRODUCTS FROM sessions on 16 May 1975 be closed to the ARGENTINA International Monetary System will meet at the Treasury Department in public. Amendment of Notice of Receipt of Persons wishing to attend the open Countervailing Duty Petitions Washington, D.C., on May 6, 1975. The meeting is called for considera­ session of this meeting should provide On January 15, 1975, a “Notice of Re­ tion of the basic issues involved in and notice, either by mail or phone, by 12 ceipt of Countervailing Duty Petitions" related to the, current international May 1975 to: was published in the F ederal R egister negotiations for the reform of the inter­ Dr. Paul W. Peterson, Executive Secretary (40 FR 2718). The notice announced that national monetary system, for the pur­ DSB Task Force on Technology Base Strategy

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17764 NOTICES

OSD—DD(R&AT) Section 7 (16 U.S.C. 1536) of the Act Room 3E114, The Pentagon Scientific name Common name Wheraionnd states as follows: Washington, D.C. 20301 The Secretary shall review other pro­ Tel. No. (202) 697-7369 Anheteromeyenla Muscular Michigan. biceps. sponge. grams administered by him and utilize such It should be noted that a reasonable Corvomeyenia Carolina sponge. South programs in furtherance of the purposes of quantity of seating for observers will be carolinensis. Carolina. thin Act. AU other Federal departments and Dosilia palmeri - _ ___ _ Oklawaha Florida and agencies shall, In consultation with and available, and will be allocated in the sponge. Mexico. Ephydatia subtilis...... Kissimmee Florida. with the assistance of the Secretary, utilize order that notices are received. sponge. their authorities In furtherance of the pur­ Heterameyenia Pennsylvania Pennsyl- A p r il 17, 1975. poses of this Act by carrying out programs longistylis. sponge. vania. for the conservation of endangered species Spongilla hetcro- Oneida sponge.. New York. M au rice W. R oche, stlerifa. and threatened species listed pursuant to Director, Correspondence and Spongilla sponginosa— Spongy sponge.. South section 4 of this Act and by taking such ac­ Directives, OASD (Comp­ Carolina. tion necessary to insure that actions au-_ troller) . thorized, funded, or carried out by them do not jeopardize the continued existence of (P R Doc.76-10429 Filed 4-21-75;8:4o am ] The Department is seeking the views such endangered species and threatened of the Governors of the States of Michi­ species or result in the destruction or modi­ DEPARTMENT OF THE INTERIOR gan, Florida, New York, Pennsylvania fication o f habitat o f such species which is and South Carolina on the issues pre­ determined by the Secretary, after consulta­ Bureau of Land Management sented by the petition. tion as appropriate with the affected States, to "be critical. INM 25044] ^ All other interested parties are hereby invited to submit any factual informa­ (The term Secretary as used above NEW MEXICO tion which is germane to this review of means the Secretary of Commerce and/ Airport Lease the status of these species. Such informa­ or the Secretary of the Interior.) tion should be sent to : Director, Fish and A p r il 15,1975. Conservation of the earth’s resources Wildlife Service, U.S. Department of can maintain ecosystems within which, Notice is hereby given that pursuant the Interior, Washington, D.C. 20240. it is hoped, all species of fauna and flora to the Act of May 24, 1928 (49 U.S.C. These views and recommendations to­ can coexist and thereby benefit. The role 211-214) the Eddy County Board of gether with the evidence presented and that natural and man-made factors play County Commissioners has applied for available to the Secretary and that pro­ in affecting interrelationships between an airport lease for the following de­ vided with the petition of Dr. Cowden fauna and flora and the ecosystems upon scribed land: will be reviewed to determine whether which they depend needs to be recog­ New Mexico Principal Meridian, New Mexico sufficient evidence is available to support nized. For the continued viability of any the action requested by the petition. T. 24 S., R. 25 T3., species, suitable habitat is not only im­ Sec. 35. SE14NE14. L y n n A. G r e e n w a lt , portant but essential to life itself. The Director, term “habitat” could be considered to The purpose of this notice is to inform Fish and Wildlife Service. consist of a spatial environment in the public that subject to prior existing which a species lives and all elements of lights, the filing of this application seg­ A p r il 17, 1974. that environment including, but not regates the described land from all other [F R Doc.75-10431 Filed 4-21-75;8:45 am] limited to, land and water area, physical forms of use or disposal under the public structure and topography, flora, fauna, land laws. climate, human activity, and the quality Interested persons desiring to express ENDANGERED AND THREATENED and chemical content of soil, water, and their views should promptly send their SPECIES air. “ Critical habitat” for any En­ name and address to the Chief, Branch Notice on Critical Habitat Areas dangered or Threatened species could be of Lands and Minerals Operations, Di­ the entire habitat or any portion thereof, vision of Technical Services, Bureau of In implementing their responsibilities if, and only if, any constituent element is Land Management, PO Box 1449, Santa under the Endangered Species Act of necessary to the normal needs or survival Fe, NM 87501. 1973 providing for the protection and of that species. The following vital needs F red E. P a d illa , conservation of Endangered and Threat­ are relevant in determining “critical Chief, Branch of Lands ened species, the U.S. Fish and Wildlife habitat” for a given species: and Minerals Operations. Service and the National Marine Fish­ (1) Space for normal growth, move­ eries Service will be proposing areas to ]FR,Doc.75-10421 Filed 4r-21-75;8:45 am] ments, or territorial behavior; be designated by rulemaking to be “ cri­ (2) Nutritional requirements, such as tical habitat” fox such species. Except in food, water, minerals; Fish and Wildlife Service èmergencÿ situations, Governors of <3) Sites for breeding, reproduction, States, territories, and possessions will be FRESHWATER SPONGES or rearing of offspring; notified at least 90 days prior to the final (4) Cover or shelter; or Review of Status rulemaking designating areas within (5) Other biological, physical, or be­ On October 21, 1974, the Department their respective State, territory, or pos­ havioral, requirements. of the Interior received a petition from session as “critical habitat” for En­ The Endangered Species Act of 1973 Ronald R. Cowden, Professor and Chair­ dangered and/or Threatened species. is intended to prevent the further de­ man, Department of Anatomy, the A l­ It is expected that the following con­ cline, and to bring about the restoration, bany Medical College of Union Uni­ cepts and information will be useful to of Endangered and Threatened species versity, Albany, New York, seeking inter Federal, State, and local government and of the habitat upon which such alia, a Departmental review of the status agencies and interested private organi­ species depend. The Act recognizes in of 7 freshwater sponges for the purposes zations and individuals in the gathering section 4 (16 U.S.C. 1533) that the pres­ of determining whether these species of information, participation in upcom­ ent or threatened destruction, modifica­ should be listed pursuant to Section 4 of ing public and private meetings, and tion, nr curtailment of a species’ habi­ the Endangered Species Act of 1973, as suggestions for proposing the designa­ tat may endanger or threaten that spe­ Endangered or Threatened species. tion of any habitat as “critical habitat.” cies with extinction. The administration As required by section 4(c) (2) of the One of the purposes of the Endan­ and management of critical habitats pro­ Act, notice is hereby given of the Depart­ gered Species Act o f . 1973 (16 U.S.C. vide an important means for protecting species already determined to be En­ ment’s determination that substantial 1531-1543), as stated in section 2 (16 evidence has been presented by the peti­ dangered or Threatened ançl restoring U.S.C. 1531), is “ * * * to provide a tion to warrant a review of the status of such species to a point at which they these species to determine whether they means whereby the ecosystems upon are no longer Endangered or Threatened. should be proposed for listing as either which Endangered species and Threat­ In order to carry out the intent of the Endangered Species Act of 1973 and to •Endangered or Threatened species. ened species depend may be conserved.”

REGISTER, VOL. 40, NO. 78— TUESDAY, APRIt !, 1975 NOTICES 17765

meet the biological needs of the animals Such identification will permit all Fed­ Brewster County Courthouse and plants involved, the Pish and Wild­ eral agencies to evaluate, prior to final Alpine, Texas 79830 life Service and the National Marine rulemaking, their programs for compli­ Terrell County Courthouse Fisheries Service believe it both 'neces­ ance with section 7 (16 U.S.C. 1536) : To Sanderson, Texas 79848 sary and desirable, whenever and wher­ avoid actions authorized, funded, or car­ Single copies are available to the pub­ ever possible, to designate “ critical habi­ ried out by them from destroying or lic and may be obtained by writing to tats.” Federal conservation actions in­ adversely modifying any such “critical The Regional Director, Bureau of Out­ volving “critical habitats” may include habitat” and to enable such agencies to door Recreation, South-Central Regional the development of regulations, land and seek the consultation and assistance of Office, 5000 Marble NE, Albuquerque, New water acquisition, leasing arrangements, the Secretary in utilizing their authori­ Mexico 87110. Federal/State cooperation in implement­ ties to further the purposes of the Act. At ing the Act, and other administrative, least 60 days will be allowed for com­ Dated: April 16, 1975. research, and management plans and ments, alternative recommendations* S t a n l e y D. Dorem us, activities. etc., before publication of a final rule- Deputy Assistant Actions by a Federal agency which re­ making on any specific designation of Secretary of the Interior. sult in the destruction or modification of “ critical habitat.” As indicated above, [FR Doc.75-10422 Filed 4-21-75;8:45 am] habitat considered “critical habitat” for Governors of States, territories, and pos­ a given Endangered or Threatened sessions wherein “critical habitat” is to species would not conform with section be designated normally will be given at JULIAN R. HAYDEN 7 of the Endangered Species Act of least 90 days notification. 1973, if such an action might be expected In the future, where deemed appro­ Statement of Financial interests to result in a reduction in the numbers priate by the Secretary, as new candidate In accordance with the requirements or distribution of that species of suffi­ species for the Endangered or Threatened of section 302 (b) of Executive Order cient magnitude to place the species in classification are proposed in the F ederal 10647, I am filing the following state­ further jeopardy, or restrict the potential R egister, each such proposal will con­ ment for publication in the F ederal and reasonable expansion or recovery tain a proposed designation of “ critical R egister: of that species. Tt must be emphasized habitat” for that species. (1) Names of any corporations of that, because the primary intention of which I am* or had been within 60 days L y n n A. G r e e n w a lt, the Fish and W ildlife Service and the Director, preceding my appointment, on March 21, National Marine Fisheries Service under Fish and Wildlife Service. 1975, as Director, Area 12, Defense Elec­ that Act is to protect, maintain, and re­ tric Power Administration, an officer or store presently Endangered and Threat­ A p r il 15, 1975. director: None. ened species, application of the term Jac k W . G ehringer, (2> Names of any corporations in “critical habitat” may not be restricted Acting Director, which I own, or did own within 60 days to the habitat necessary for a minimum National Marine Fisheries Service. preceding my appointment, any stocks, viable population. bonds, or other financial interests : It is emphasized further that certain A p r il 15, 1975. See attached-—list includes stocks actions may not be detrimental to [FR Doc.75-10437 Filed 4-21-75; 8:45 ami owned and stocks owhed in fiduciary “critical habitat.” There may be many capacity in which I have no beneficial kinds of actions which can be carried interest but the beneficiaries are my out within the “critical habitat” of a Office of the Secretary children. species that would not be expected to re­ PROPOSED RIO GRANDE WILD AND sult in such reduction in the numbers or American Can SCENIC RIVER Bank of America distribution or otherwise adversely affect tint Des 75-29J Borg Warner such species. Central Telephone & Utilities The Fish and Wildlife Service and the Availability of Draft Environmental Century Shares Trust National Marine Fisheries Service would Statement Champion International appreciate receiving information from Pursuant to section 102(2) (C> of the Cinn. Gas & Electric any Federal, State, or private agency, National Environmental Policy Act, the Colorado National Bankshares, Ine. Combustion Engineering organization, and/or individuals con­ Bureau of Outdoor Recreation has pre­ cerned with Endangered and Threatened Continfental Oil Co. pared a draft environmental statement Dayton Hudson Corp. species of fauna and flora, including fo r the proposed Rio Grande Wild and Denver Real Estate Inv. Assoc. maps, that would assist in delineating Scenic River, Texas. Dividend Shares the “ critical habitat” of thQse species The environmental statement con­ Entex appearing on . the official list of En­ siders the probable impact of establish­ Exxon dangered or Threatened species (50 CFR ing the Rio Grande as a component of the General Motors 17.11,17.12, or I7.32>. Concerned parties National Wild and Scenic Rivers System. Great Western United also may choose to provide information G u lf OU * on the specific kinds of actions that Comments are invited and should be G u lf & Western Industries, me. submitted to the Regional Director, Bu­ Highway Aircraft Corp. could be permitted and those that should Idaho Power be prohibited within the area so de­ reau of Outdoor Recreation, South Cen­ tral Regional Office, 5000 Marble NE, Al­ Idéal Basic Industries lineated as “critical habitat.” Copies of Illinois Power Co. such information should be sent to both buquerque, New Mexico, 87110, within 45 days. Copies of the draft statement are Kansas City Power & Light Oo. the Director, Fish and Wildlife Service, Mass. Electric Co. Washington, D.C. 20240, and, the available for inspection at the follow­ Mass. Investors Trust ing locations: Director, National Marine Fisheries Meredith Corp. Service, Washington, D.C. 20225. Bureau of Outdoor Recreation Minnesota Mining & Mfg. Co. Department of the Interior MobUe Oil As sufficient information on “ critical Montana Power Co. habitat” is gathered for each of the Washington, D.C. 20240 Telephone: (202) 343-5575 Monsanto species now listed, the Fish and Wildlife Morse Shoe Service and/or the National Marine Regional Director Bureau of Outdoor Recreation Mountain States Telephone Ohio Edison Fisheries Service will publish a proposed South Central Regional Office rulemaking in the F ederal R egister. 6000 Marble NE Oklahoma Gas & Electric This rulemaking will identify spatial en­ Albuquerque, New Mexico 87110 Oklahoma Natural Gas Telephone: (505) 766-3725 Pacific Gas & Electric vironments, including geographical Fennzoil Company boundaries where possible, considered to Office of the Governor Public Service Co., of Colo. Division of Planning Coordination be “critical habitat” for the Endangered Selected American Shares Sam Houston State Office Building Seven Up and/or Threatened species in question. Austin, Texas 78701 Sierra Pacific. Power Co*

FEDERAL REGISTER, V O L 40, N O . 78— TUESDAY, APRIL ï, 1975 17766 NOTICES

Southern California Edison CFR Part 251). The draft statement as­ thru 5 p.m. (c.d.t.), May 15, 1975 and Southern Company sesses the environmental Impact of the 8:30 a.m. thru noon (c.d.t.), May 16, Southwestern Public Service proposed regulations concerning geolog­ 1975 at Lake Aire Motel, one mile west Square D ical and geophysical explorations of the of Bergland, Michigan on M-28. The pur­ Standard Oil of California Standard Oil of Ohio Outer Continental Shelf. The proposed pose of this meeting is to discuss forest Tenneco regulations prescribe policies, procedures management. Texas Utilities Co. and requirements for the conduct of geo­ The meeting will be open to the public. Union Pacific logical and geophysical exploration. Persons who wish to attend should notify United Bank of Colorado They also specify a definite time when the Forest Supervisor, Ottawa National United Gas Pipe Line Co. geological and geophysical interpreta­ Forest, Ironwood, Michigan 49938, Phone United States Steel tions, maps and data will be made avail­ Number: (906) 932-1330. Written state­ Utah Power & Light Co. Western Plastics Corp. able for public inspection. ments may be filed with the committee The Draft Environmental Impact before or after the meeting. (3) Names of any partnerships in Statement is available for public review The committee has established the fol­ which I am associated, or had been as­ at the following locations: U.S. Geologi­ lowing rules for public participation: sociated within 60 days preceding my cal Survey, Public Inquiries Office, 341 Public participation will be limited to a appointment: None. National Center, Reston, Virginia 22092; period designated for open discussion. To (4) Names of any other businesses U.S.' Department of Interior, Office of the extent time permits, interested per­ which I own, or owned within 60 days Communications, Rm. 7222, 18th and C sons may be permitted by the committee preceding my appointment: None. Streets NW., Washington, D.C. 20240; chairman to present oral statements at Regional Conservation Manager, U.S. the meeting. Ju l ia n R . H a yd e n . Geological Survey, 336 Imperial Office M. K. L a u ritsen , A p r il 1, 1975. Building, 3301 North Causeway Blvd., Forest Supervisor. [P R Doc.75-10423 Piled 4-21-75;8:45 am] Metairie, Louisiana 70011; Regional Con­ A p r il 14, 1975. servation Manager, U.S. Geological Sur­ vey, Suite 316,1825 K Street NW., Wash­ [FR Doc.75-10412 Filed 4-21-75;8:45 am] GREGORY P. PREKEGES ing, D C. 20006; Regional Conservation PAYETTE NATIONAL FOREST, Statement of Financial Interests Manager, U.S. Geological Survey, 345 Middlefield Road, Menlo Park, California WARREN PLANNING UNIT In accordance with the requirements 94025; Area Oil and Gas Supervisor, Con­ Availability of Final Environmental of section 302(b) of Executive Order servation Division, U.S. Geological Sur­ Statement 10647,1 am filing the following statement vey, 218 E-Street, P.O. Box 259, Anchor­ for publication in the F ederal R egister: age, Alaska 99501; Area Oil and Gas Su­ Pursuant to section 102(2) (C) o f the (1) Names of any corporations of pervisor, Conservation Division, U.S. National Environmental Policy Act of which I am, or had been within 60 days Geological Survey, 7744 Federal Building, 1969, the Forest Service, Department of preceding my appointment, on March 21, 300 North Los Angeles Street, Los Ange­ Agriculture, has prepared a final envi­ ronmental statement for the Warren 1975, as Deputy Director, Area B, De­ les, California 90012. Planning Unit, Payette National Forest, fense Electric Power Administration, an Single copies of the Draft Environ­ officer or director: None. mental Impact Statement can be ob­ Idaho. The Forest Service report number is USDA-FS-FES (Adm) RA-75-10. tained from: Chief, Conservation Divi­ (2) Names of any corporations in The environmental statement identi­ which I own, or did own within 60 days sion, U.S. Geological Survey, 600 Na­ tional Center, Reston, Virginia 22092. fies and evaluates the probable effects of preceding my appointment, any stocks, the land use plan for the Warren Plan­ bonds, or other financial interests: The Department will accept written comments on the Draft Environmental ning Unit on the Payette National Forest The Washington Water Power Co. in south-central Idaho. The purpose of Impact Statement on the Proposed Reg­ American Electric Power Co. the plan is to allocate National Forest Public Service Company of New Mexico ulations for Geological and Geophysical Explorations of the Outer Continental lands within the unit to specific resource U.S. Industries uses and activities; resolve conflicts be­ Alco Standard Shelf on or before June 6, 1975, and will Western Gear consider any comments received in pre­ tween competing uses, provide protection Bismark Mining paring the final environmental state­ for sensitive environmental factors, and American Investors Fund ment on this proposal. Written com­ to maintain desirable social-economic Dreyfus Leverage Fund ments should be addressed to Director, relationships by providing for use of the (3) Names of any partnerships in United States Geological Survey, Na­ resources within the planning unit. The which I am associated, or had been asso­ tional Center, Mailstop 108, Reston, Vir­ plan provides for minimization of ad­ ciated within 60 days preceding my ap­ ginia 22092. verse effects. Minor adverse effects from some development activities will be tem­ pointment: None. The Department has deferred a deci­ (4) Names of any other businesses porary stream sedimentation, displace­ sion on the need for public hearings on ment of wildlife populations, and short which I own, or owned within 60 days the Draft Environmental Impact State­ preceding my appointment: None. periods of air pollution. All resource ac­ ment at this time. I f sufficient Interest tivities will be monitored so that toler­ G regory P rekeges. in holding such hearings becomes evi­ able levels of sedimentation will not be A p r il 10,1975. dent, the Department will consider the exceeded in the South Fork Salmon [FR Doc.75-10424 Filed 4-21-75;8:45 am] matter further. River. * Recreation opportunities will be Dated: April 16,1975. ‘ slightly increased. A total of 35,500 acres [IN T DES 75-30] has been, designated as new wilderness R o ys t o n C. H ughes, GEOLOGICAL AND GEOPHYSICAL EXPLO­ Secretary of the Interior. study areas and an additional 126,000 RATIONS OF THE OUTER CONTINEN­ acres will remain unroaded. About 132,- TAL SHELF [F R Doc.75-10498 Filed 4-21-75;8:45 am] 000 acres presently undeveloped may be Availability of Draft Environmental Impact developed. The plan provides for a low Statement on Proposed Regulations DEPARTMENT OF AGRICULTURE to high level of consumption resource uses with significant areas remaining un­ Pursuant to section 102(2) (C) of the Forest Service developed with options for future man­ National Environmental Policy Act of OTTAWA NATIONAL FOREST MULTIPLE agement remaining open. 1969, the Department of the Interior has USE ADVISORY COMMITTEE This draft environmental statement prepared a Draft Environmental Impact Meeting was transmitted to CEQ on April 15,1975. Statement on the Proposed Regulations Copies are available for inspection for Geological and Geophysical Explora­ The Ottawa National Forest Multiple during regular working hours at the fol­ tions of the Outer Continental Shelf (30 Use Advisory Committee will meet 1 p.m. lowing locations:

FEDERAL REGISTER, VOL. 40, N O . 76— TUESDAY, APRIL 22, 1975 NOTICES 17767

USDA, PGrest Service No administrative action on imple­ the Soil Conservation Service Guidelines South Agriculture Bldg., Room 3230 mentation of the proposal will be taken (39 FR 19650, June 3, 1974>; the Soil 12th St. and Independence Ave.f S.W. until May 7,1975. Conservation Service, U.S. Department Washington, D.C. 20250 (Catalog of Federal Domestic Assistance Pro­ of Agriculture, has prepared a final en­ Regional Planning Office vironmental impact statement (EIS) for USDA, Forest Service • ' gram No. 10.904, National Archives Reference Federal Building, Room 4403 Services.) . the Lye Creek Drain Watershed Project, Montgomery County, Indiana, Ogden, Utah 84401 Dated: April 14,1975. Forest Supervisor USDA- SCS-EIS-WS- (ADM)-75-l (F) - Payette National Forest W il l ia m B. D a v e y , IN. Forest Service Building Deputy Administrator f or Water The environmental statement concerns P.O. Box 1026 Resources, Soil Conservation a plan for watershed protection, flood McCall, Idaho 83638 Service. prevention, and drainage. The planned A limited number of single copies are [FR Doc.75-10418 Filed 4-21-75;8:45 am] works of improvement include conserva­ available upon request to Forest Super­ tion land treatment, supplemented by visor William B. Sendt, Payette National channel work. Structural measures will Forest, Forest Service Building, P.O. Box FLAT ROCK CREEK WATERSHED, consist of 11.3 miles of multiple-purpose 1026, McCall, Idaho 83638. ARKANSAS flood prevention and drainage channel Copies of the environmental statement Availability of Final Environmental Impact work. The work will be for deepening and have been sent to Various Federal, State, Statement enlargement for 10.2 miles and debris removal only for 1.1 miles.. All work will and local agencies as outlined in the CEQ Pursuant to section 102(2) (C) of the Guidelines. - be performed on intermittent, manmade National. Environmental Policy Act of or* modified channels. Floodwater dam­ Dated: April. 15,1975. 1969; Part 1500 of the Council on En­ ages will be reduced by 84 percent with vironmental Quality Guidelines (38 FR the installation of the proposed meas­ P. M . R ees, 20550, August 1, 1973); and Part 650 Regional Planner. ures; 3,320 acres will benefit from joint of the Soil Conservation Service Guide­ floodwater-drainage relief in a flatland [FR Doc.76-10'413 Filed 4-21-75;8:45 am] lines (39 FR 19650, June 3, 1974); the watershed that is 94 percent agricultural Soil Conservation Service, U.S. Depart­ cropland and grassland. Soil Conservation Service ment of Agriculture, has prepared a final The final EIS has been filed with the environmental impact statement (EIS) Council on Environmental Quality. CASTON-MOUNTAIN CREEK for the Flat Rock Creek Watershed Proj­ A limited supply is available at the fol­ WATERSHED, OK LA. ect, Crawford County, Arkansas, USDA- lowing location to fill single copy re­ Availability of Negative Declaration SCS-EIS-WS- (ADM) -74-7-(F) -AR. quests: The EIS concerns a plan for watershed Pursuant to section 102(2) (C) of the protection, flood prevention, and recrea­ Soli Conservation Service, USDA, National Environmental Policy Act of 5610 Crawfordsville Road, Suite 2200 tion. The planned works of improvement Indianapolis, Indiana 46224 1969; § 1500.6(e) of the Council on En­ include conservation land treatment vironmental Quality Guidelines (38 FR measures, one floodwater retarding (Catalog of Federal Domestic Assistance Pro­ 20550) issued on August 1, 1973; and structure, one multiple-purpose struc­ gram No. 10.904, National Archives Refer­ § 650.8(b) (3) of the Soil Conservation ture for flood prevention and recreation, ence Services.) Service Guidelines (39 FR 19651) issued and 7.4 miles of channel work in a flood Dated: April 14, 1975. on June 3, 1974; the Soil Conservation plain which is about 86 percent cropland Service, U.S. Department of Agriculture, W il l ia m B. D a v e y , and grassland. The channel work will Deputy Administrator for Wa­ gives notice that an environmental im­ consist of 3.2 miles of enlargement and pact statement is not being prepared for ter Resources, Soil Conserva­ realignment and 1.0 mile of clearing and tion Service. the remaining work in the Caston-Moun- debris removal on a previously modified tain Creek Watershed Project, LeFlore ephemeral channel. In addition, about [F R Doc.75-10415 Filed 4-2i-75;8:45 am] County, Oklahoma. 3.2 miles of clearing and debris removal The environmental assessment of the will be undertaken on an unmodified federal action indicates that this portion NORMAN-POLK WATERSHED PROJECT, intermittent channel. MINNESOTA of the project will not create significant The final EIS has been filed with the adverse local, regional, or national im­ Council on Environmental Quality. Availability of Final Environmental lmpact pacts on the environment and that no A limited supply is available at the fol­ Statement significant controversy is associated with lowing location to fill single copy Pursuant to section 102(2) (C) of the the action. As a result of these findings, requests: National Environmental ’ Policy Act of Mr. Hampton Burns, State Conservation­ 1969, Part 1500 of the Council on Envi­ ist, Soil Conservation Service, USDA Soil Conservation. Service, USDA, Poet O f­ fice Box 2323, Little Rock, Arkansas 72203 ronmental Quality Guidelines (38 FR Building, Farm Road-and Brumley Street, 20550, August 1, 1973), and Part 650 of Stillwater, Oklahoma, has determined (Catalog of Federal Domestic Assistance Pro­ gram No. 10.904, National Archives Reference the Soil Conservation Service Guidelines that the preparation and review of an en­ (39 FR 19650, June 3, 1974), the Soil vironmental impact statement is not Services.) Conservation Service, U.S. Department of needed for this action. Dated: April 15,1975. The project concerns a plan for water­ Agriculture, has prepared a final envi­ shed protection and flood prevention. W il l ia m B. D a v e y , ronmental impact statement (EIS) for The remaining' works of improvement Deputy Administrator for Water Re- ~~ the Norman-Polk Watershed Project, include conservation land treatment, sources, Soil Conservation Service. Norman and Polk Counties, Minnesota, USDA-SCS-EIS-WS-(ADM)-75-1-(F) - one single-purpose flood water retarding [FR Doc.75-10416 Filed 4-2t-75;8:45 am] MN. structure, and a dike, 6.2 mile in length. The EIS concerns a plan for watershed The environmental assessment file is LYE CREEK DRAIN WATERSHED protection, flood prevention, and drain­ available for inspection during regular PROJECT, INDIANA age. The planned works of improvement working horns at the following location: Availability of Final Environmental Impact provide for conservation land treatment, Soil Conservation. Service Statement 6 grade stabilization structures, and 28.2 USDA Building miles of multiple-purpose channel work. Farm Road and Brumley Street Pursuant to section 102(2) (C) of the The channel work will involve enlarge­ Stillwater, Oklahoma 74074 National Environmental Policy Act of ment of 22.5 miles of previously con­ Requests for single copies of the nega­ 1969; Part 1500 of the Council on En­ structed channels, enlargement of 3.9 tive declaration should be sent to the vironmental Quality Guidelines (38 FR miles of existing field ditches, 0.3 mile above address. 20550, August 1, 1973); and Part 650 of of new channel work and 1.5 miles of

FEDERAL REGISTER, VOL. 40, NO . 7 » — TUESDAY, APRIL 22, 1975 17768 NOTICES channel stabilization. Of the 27.9 miles servation Service, P.O. Box 648, Temple, materai, negatively stained material, of work proposed on existing channels, Texas 76501. etc. Application received by Commis­ 6.4 miles will involve those with inter­ Comments must be received on or be­ sioner of Customs: December 31, 1974. mittent flow and 21.5 miles with only fore June 13, 1975, in order to be con­ Advice submitted by the Department of ephemeral flow. The channel work will sidered in the preparation of the final Health* Education, and Welfare on: provide damage reduction in a flatland environmental impact statement. March 25,1975. watershed that is 93 percent agricultural (Catalog of Federal Domestic Assistance Comments: No comments have been cropland and pastureland. Program No. 10.904, National Archives Ref­ received with respect to any of the fore­ The final EIS has .been filed with the erence Services.) going applications. Decision: Applica­ Council on Environmental Quality. tions approved. No. instrument or appa­ A limited supply is available at the Dated: April 15,1975. ratus of equivalent scientific value to the following location to fill single copy W il l ia m B. D a v e y , foreign articles, for the purposes for requests: Deputy Administrator for Water which the articles are intended to be Soil Conservation Service, USDA Resources, Soil Conservation Service. used, is being manufactured in the 200 Federal Building & U.S. Courthouse [F R Doc.75-10417 Filed 4-21-75;8:45 am] United States. Reasons: The applica­ 316 North Robert Street tions relate to compatible accessories for St. Paul, Minnesota 55101 instruments that have been previously DEPARTMENT OF COMMERCE (Catalog of Federal Domestic Assistance Pro­ imported for the use of the applicant gram No. 10.904, National Archives Reference Domestic and International Business institutions. The articles are being man­ Services.) Administration ufactured by the manufacturers which produced the instruments with which Dated: April 14, 1975. EVANSTON HOSPITAL, ET AL. they are intended to be used. We are W il l ia m B. D a v e y , Consolidated Decision on Applications for advised by the Department of Health, Deputy Administrator for Water Re­ Duty-Free Entry of Accessories for For­ Education, and Welfare in the respec­ sources, Soil Conservation Service. eign Instruments tively cited memoranda that the acces­ [FR Doc.75-10414 Filed 4-21-75;8:45 am] The following is a consolidated de­ sories are pertinent to the applicants' cision on applications for duty-free intended uses and that it knows of no entry of accessories for foreign instru­ comparable domestic articles. The De­ THREE-MILE AND SULFUR DRAW ments pursuant to section 6(c) of the partment of Commerce knows of no WATERSHED PROJECT, TEXAS Educational Scientific and Cultural similar accessories manufactured in the Availability of Draft Environmental Materials Importation Act of 1966 (Pub. United States which are interchangeable Impact Statement L. 89-651, 80 Stat. 897) and the regula­ with or can be readily adapted to the tions issued thereunder as amended (37 instruments with which the foreign ar­ Pursuant to section 102(2) (C) of the ticles are intended to be used. National Environmental Policy Act of FR 3892 et seq.). (See especially 1969; Part 1500 of the Council on En­ § 701.11(e).) A. H. St u a r t, vironmental Quality Guidelines (38 FR A copy of the record pertaining to each Director, Special Import 20550, August 1, 1973); and Part 650 of of the applications in this consolidated Programs Division. the Soil Conservation Service Guidelines decision is available for public review (Catalog of Federal Domestic Assistance Pro­ (39 FR 19650, June 3, 1974); the Soil during ordinary business hours of the gram Ño. 11.105, Importation of Duty-Frèe Conservation Service, UB. Department Department of Commerce, at the Special Educational and Scientific Materials.) Import Programs Division, Office of Im ­ of Agriculture, has prepared a draft en­ [FR Doc.75-10465 Filed 4-21-75;8:45 am] vironmental impact statement for the port Programs, Department of Com­ Three-Mile and Sulfur Draw Watershed merce, Washington, D.C. 20230. Project, Culberson and Hudspeth Coun­ Docket number: 75-00292-00-46040. NATIONAL INSTITUTES OF HEALTH, ties, Texas, USDA-SCS-EIS-WS- Applicant: Evanston Hospital, 2650 ET AL. (ADM) -75-4-(D) -TX. Ridge Avenue, Evanston, IL 60201. Article: Universal Camera. Manufac­ Applications for Duty-Free Entry of The environmental impact statement Scientific Articles concerns a plan for watershed protec­ turer: Siemens AG, West Germany. In ­ tion and flood prevention. The planned tended use of article: The article is in­ The following are notices of the re­ works of improvement include conserva­ tended to be used for investigation of ceipt of applications for duty-free entry tion land treatment, supplemented by tissue changes in various human dis­ of scientific articles pursuant to Section two single purpose floodwater retarding eases and experimental animals, e.g., 6(c) of the Educational, Scientific, and structures and 10.4 miles of floodwater kidney, lung, and tumors. In addition, Cultural Materials Importation Act of diversion. Protection from the 100-year the article will be used in the training of 1966 (Pub. L. 89-651 ; 80 Stat. 897). In ­ flood event will be provided for flood pathology residents. Application re­ terested persons may present their views prone areas of Van Horn, Texas. Range­ ceived by Commissioner of Customs: with respect to the question of whether land and intensively cultivated and irri­ December 31, 1974. Advice submitted by an instrument or apparatus of equiva­ gated cropland will also be protected the Department of Health, Education, lent scientific value for the purposes for from flooding and associated damages. and Welfare on: March 25,1975. which the article is intended to be used A limited supply of copies is available Docket number: 75-00294-00-46040. is being manufactured in the United at the following location to fill single Applicant: University of California, States. Such comments must be filed in copy requests: Lawrence Berkeley Laboratory, East End triplicate with thè Director, Special Im ­ of Hearst Avenue, Berkeley, California port Programs Division, Office of Import Soil Conservation Service, USDA, First Na­ Programs, Washington, D.C. 20230, on tional Bank Building, Temple, Texas 76501 94720. Article: Field Emission Gun. Manufacturer: JEOL Ltd., Japan. In­ or before May 12,1975. Copies of the draft environmental im­ tended use of article: The article is in­ Amended regulations issued under pact statement have been sent for com­ tended to be used to provide a necessary cited Act, as published in the March 18, ment to various federal, state, and local and essential improvement in both in­ .1975 issue of the F ederal R egister, pre­ agencies as outlined in the Council on tensity and coherence of illumination scribe the requirements applicable to Environmental Quality Guidelines. Com­ for an existing electron microscope being comments. ments are also invited from others hav­ used for the following: (1) Investigation A copy of each application is on file, ing knowledge of or special expertise on of the loss of resolution and the loss of and may be examined during ordinary environmental impacts. image quality and due to processes of Commerce Department business hours at radiation damage that occur in the elec­ the Special Import Programs Division, Comments concerning the proposed tron beam, for biological specimens Department of Commerce, Washington, action or requests for additional infor­ (sic), C2) High resolution microscopy of D.C. 20230. mation should be addressed to Edward E. single atoms, and (3) Routine biological DOCKET 'NUM BER: 75-00441-33- Thomas, State Conservationist, Soil Con­ electron microscopy of thin sectioned 46040. APPLICANT: National Institutes

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17769 of Health,'9000 Rockville Pike, Bethesda, pects of Pathology, and Renal Pathology Philips Electronic Instruments NVD, the Maryland 20014. ARTICLE: Electron which will be open to physicians, resi­ Netherlands. INTENDED USE OF AR T I­ Microscope, Model EM 201C. MANUFAC­ dent physicians, postdoctoral fellows, CLE: The article is intended to be used TURER: Philips Electronic Instruments graduate students, undergraduate med­ in studies of oral mucosa, especially gin- NVD, The Netherlands. INTENDED USE ical students and undergraduate science givia and bacterial plaque attached, and OF ARTICLE: The article is intended majors who are interested in electron mineralizing segments of bone and tooth. to be used for various biological research microscopy. Application received by The fine structure of normal oral mucosa projects involving thyroid gland and its Commissioner of Customs: March 24, is being compared in respect of organ­ tumors, in particular, the study of cytol­ 1975. elles and enzyme distribution with mu­ ogy of the thyroid epithelial cell. AP­ Docket Number: 75-00445-01-07500. cosa from animals on a diet deficient in PLICATION RECEIVED BY COMMIS­ Applicant: Baylor College of Medicine, zinc. The fine structural localization of SIONER OF CUSTOMS: March 24, 1975. 1200 Moursund Avenue, Houston, Texas cyclic nucleotides is being determined by DOCKET NUMBER: 75-00442-00- 77025. Article: LKB Batch Microcalo­ electron histochemistry in normal rabbit 77040. APPLICANT: U.S. Department rimeter. Manufacturer: LKB Produkter mucosa, along with the nature of the of Agriculture, USDA-APHIS, Adminis­ AB, Sweden. Intended use of article: The earliest stages of mineralization in nor­ trative Services, Room 624-A, Federal article is intended to be used in a study mal and abnormal teeth and bones. In Center Building, Hyattsville, Maryland aimed at determining the enthalpy' of addition, the article is to be used to edu­ 20782. ARTICLE: WF 055 Multiple Peak binding of various phospholipids, triglyc­ cate at an undergraduate and postgradu- Monitor ^System for Mass Spectrometer. erides, cholesterol and cholesteryl esters ate/graduate level the students and fac­ MANUFACTURER: AEI Scientific Ap­ with pure, single component apolipopro- ulty of the Departments of Oral Pathol­ paratus Ltd., United Kingdom. IN ­ teins of high and very low density lipo­ ogy. APPLICATION RECEIVED BY TENDED USE OF ARTICLE: The ar­ protein either singly or in various com­ COMMISSIONER OF CUSTOMS: ticle is intended to be used to enable one binations. Ultimately, the hope is to iden­ U Tanth Od 1Q7S to “ sit” on a small number of peaks tify the important lipid-binding regions DOCKET NUMBER: 75-00449-00- for the purpose of monitoring the mag­ of the protein by microcalorimetric stud­ 46040. APPLICANT: BatteUe Memorial nitude of these peaks only. APPLICA­ ies on natural and synthetic fragments Institute, Pacific Northwest Laboratory, TION RECEIVED BY COMMISSIONER of the native proteins. The information P.O. Box 999, Richland, W A 99352. A R T I­ OF CUSTOMS: March 24, 1975. obtained from these experiments would CLE: High Angle Specimen Tilting De­ DOCKET NUMBER: 75-0443-65- provide a quantitative test of recent vice, Model HK-5. MANUFACTURER: 46040. APPLICANT: University of Illi­ theories on the molecular basis of lipid Hitachi Co., Japan. INTENDED USE OF nois, Urbana-Champaign Campus, Pur­ binding by apolipoproteins. Application ARTICLE: The article is an accessory chasing Division, 223 Administration received by Commissioner of Customs: to an existing electron microscope of the Building, Urbana, Illinois 61801. AR­ March 24,1975. same manufacture needed to provide TICLE: Electron Microscope, Model H - Docket Number: 75-00446-33-43400. high angle tilting of the specimen during 500. MANUFACTURER: Hitachi, Japan. Applicant: University of Miami, Coral the course of observation in the micro­ INTENDED USE OF ARTICLE : The ar­ Gables, Florida 33124. Article: Stereo­ scope. Studies on the material imperfec­ ticle is intended to be used for high taxic Micromainpulator. Manufacturer: tions in materials produced by radiation resolution transmission electron diffrac­ La Precision Cinématographique, France. are to be conducted. A wide variety of tion studies of metallic materials which Intended use of article: The article is metallic materials, including, but not include the following: substructure of intended to be used to carry a very fine limited to, molybdenum, niobium, vana­ martensitic phases, pretransformation microelectrode with a tip of about 1 mi­ dium, nickel, iron and iron base allows, lattice instabilities, lattice resolution cron and to place this electrode precisely aluminum, and stainless steel will be analysis of close packed long period into single brain cells in experimental analyzed. APPLICATION RECEIVED stacking structures, formation and re­ animals such as goldfish or frogs. This BY COMMISSIONER OF CUSTOMS: version of thermoelastic martensites in research aims to discover the basic cel­ March 24, 1975. thin foils, crystal structure analysis by lular mechanisms of the function of the means of electron imaging and diffrac­ brain and of the development of the A . H. S t u a r t , tion, and studies of dislocation arrays in brain. Application received by Commis­ Director, Special Import interphase interfaces. APPLICATION sioner of Customs: March 24,1975. Programs Division. RECEIVED BY COMMISSIONER OF Docket Number: 75-00447-33-46040. (Catalog of Federal Domestic Assistance Pro­ CUSTOMS: March 24,1975. Applicant: Ramapo College, Ramapo gram No. 11.105, Importation of Duty-Free DOCKET NUMBER: 75-00444-33- Valley Road, P.O. Box 542, Mahwah, New Educational and Scientific Materials.) 46040. APPLICANT: Institute Of Path­ Jersey 07430. Article: Electron Micro­ [FR Doc.10463 Filed 4^-21-75; 8:45 am] ology, University Hospitals of Cleveland, scope, Model JEM 100S. Manufacturer: 2085 Adelbert Road, Cleveland, Ohio JEOL Ltd., Japan. Intended use of ar­ 44106. ARTICLE: Electron Microscope, ticle: The article is intended to be used UNIVERSITY OF CALIFORNIA, ET AL. Model EM 201C. MANUFACTURER: for the study of ultrastructure of bio­ Consolidated Decision on Applications for Philips Electronic Instruments NVD, logical material, characteristics of air Duty-Free Entry of Scientific Articles The Netherlands. INTENDED USE OF and water pollution and the detection The following is a consolidated deci­ ARTICLE: The article is intended to be and characterization of waterborne vi­ used primarily for research involving sion on applications for duty-free entry ruses. The article will also be used in of scientific articles pursuant to Section specimens obtained during operations courses to provide students with sound 6(c) of the Educational, Scientific, and and autopsies. The article will also be introduction to the theory and practice Cultural Materials Importation Act of used for studies of material which may of specimen preparation, electron micro­ 1966 (Pub. L. 89-651, 80 Stat. 897) and not be human but are connected with scope operation, dark room procedures, the regulations issued thereunder as and familiarize students with available clinical situations as follows: amended (40 FR 12253 et seq., 15 CFR techniques applicable to their particular 701,1974). (1) Study of endometrioid papillary serous study and the application of these tech­ A copy of the record pertaining to each cystadenocarcinoma of the ovary, niques to solving particular problems. of the applications in this consolidated (2) Study of mixed carcinoma of the endo­ Application received by Commissioner of decision is available for public review metrium. Customs: March 24,1975. during ordinary business hours of the (3) Electron microscopic evaluation of DOCKET NUMBER: 75-00448-35- early invasive breast carcinoma, Department of Commerce, at the Special 46040. APPLICANT: University of Illinois Import Programs Division, Office of Im ­ (4) Erythroycyte changes induced by ma­ at Medical Center, College of Dentistry, laria infection, port Programs, Department of Com­ Dept, of Oral Pathology, 808 S. Wood merce, Washington, D.C. In addition, the article is intended to Street, Chicago, IL 60612. ARTICLE: DECISION: Applications denied. Ap­ be used in the course, Introduction of Electron Microscope, Model EM 301 plicants have failed to establish that in­ Electron Microscopy, Ultrastructural As­ with accessories. MANUFACTURER: struments or apparatus of equivalent

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17770 NOTICES scientific value to the foreign articles, DOCKET NUMBER: 74-00445-33- NAVAL UNDERSEA CENTER for such purposes as the foreign articles 41700. APPLICANT: Baylor University are intended to be used, are not being Medical Center, 712 N. Washington, Suite Modification of Permit manufactured in the United States. 207, Dallas, Texas 75246. ARTICLE: Notice is hereby given that, pursuant REASONS: Section 301.8 of the regu­ Medilase (Sharplan) 791 Co2 Surgical to the provisions of Sections 216.33 (d) lations provides in pertinent part: Laser. DATE OF DENIAL W ITHOUT and (e) of the Regulations Governing The applicant shall on or before the 20th. PREJUDICE TO RESUBMISSION: De­ the Taking and Importing of Marine day following the date of such notice, in­ cember 2,1974. Mammals (39 FR 1851, January 15, form the Deputy Assistant Secretary whether DOCKET NUMBER: 75-00073-33- 1974), the Scientific Research Permit is­ it intends to resubmit another application 46070. APPLICANT: University of Flor­ sued to the Naval Undersea Center, Bio­ for the same article for the same intended ida, College of Dentistry, Box 202 MSB, systems Research Department, on purposes to which the denied application March 5, 1974, as modified on July 8, relates. The applicant shall then resubmit J. Hillis Miller Health Ctr., Gainesville, the new application on or before the 90th Fla. 32610. ARTICLE: Scanning Elec­ 1974 (39 FR 24932), on August 2, 1974 day following the date of the notice of de­ tron Microscope, Model NOVASCAN 30. (39 FR 27933), and on February 26, 1975 nial without prejudice to resubmission, un­ DATE OF DENIAL WITHOUT PREJ­ (40 FR 8240), is further modified, by less an extension of time is granted by the UDICE TO RESUBMISSION: Decem­ means of Modification No. 5, in the fol­ Deputy Assistant Secretary in writing prior ber 19,1974. lowing manner: to the expiration of the 90 day period. * * * (Catalog of Federal Domestic Assistance The marine mammals authorized to be If the applicant fails, within the applicable taken and maintained in captivity may, time periods specified above, to either (a ) in ­ Program No. 11.105, Importation of Duty- form the Deputy Assistant Secretary whether Free Educational and Scientific Materials.) alternatively, be taken from other areas it intends to resubmit another application in which such marine mammals are A. H. S tu art, for the same article to which the denial found and subsequently imported. without prejudice to resubmission relates, Director, Special Import This modification is effective April 22, or (b) resubmit the new application, the Programs Division. 1975. prior denial without prejudice to resubmis­ [FR Doc.75-10464 Filed 4-21-75:8:45 am] The Permit as modified is available for sion shall have the effect of a final decision review in the Office of the Director, Na­ by the Deputy Assistant Secretary on the application within the context of § 301,11. National Oceanic and Atmospheric tional Marine Fisheries Service, De­ Administration partment of Commerce, Washington, The meaning of the subsection is that D.C. 20235, and in the Office of the Re- should an applicant either fail to notify ENDANGERED AND THREATENED gionaT Director, National Marine Fish­ the Deputy Assistant Secretary of its in­ SPECIES eries i Service, Southwest Region, 300 tent to resubmit another application for Notice on Critical Habitat Areas South Ferry Street, Terminal Island, the same article to which the denial California 90731. - C ross R eference: For a document is­ without prejudice relates within the 20 sued jointly by the National Marine day period, or fails to resubmit a new ap­ Dated: April 17, 1975. Fisheries Service of the National Oceanic plication within the 90 day period, the and Atmospheric Administration, De­ J ack W . G ehringer, prior denial without prejudice to resub­ partment of Commerce, and the Fish and Acting Director, National mission will have the effect of a final de­ Marine Fisheries Service. nial of the application. Wildlife Service, Department of the In ­ terior, on critical habitat areas for en­ [FR Doc.75-10448 Filed 4-21-75;8:45 am ] None of the applicants to which this dangered and threatened species, see FR consolidated decision relates has satis­ dioc. 75-10437 supra. fied the requirements set forth above, OCEAN WORLD, INC. therefore, the prior denials without LAFAYETTE PARK ZONE Receipt of Applications for Public Display prejudice h£ve the effect of a final de­ Permits cision denying their respective applica­ Issuance of Permit for Marine Mammals tions. Notice is hereby given that the fol­ On February 26,1975, notice was pub­ Section 301.8 further provides: lowing applicant has applied in due form lished in the F ederal R egister (40 FR for a permit to take marine mammals * * * the Deputy Assistant Secretary 8239), that an application had been filed shall transmit a summary of the prior denial for public display as authorized by the with the National Marine Fisheries Marine Mammal Protection Act of 1972 without prejudice to resubmission to the Service by Lafayette Park Zoo, 3500 Federal Register for publication, to the and the Regulations Governing the Tak­ Commissioner of Customs, and to the Granby Street, Norfolk, Virginia 23508 ing and Importing of Marine Mammals. applicant. for a permit to take one (1) California Ocean World, Inc., 1701 S.E. 17th sea lion {Zalophus californianus) for Street, Fort Lauderdale, Florida 33316, Each of the prior denials without pre­ public display. judice to resubmission to which this con­ to take two (2) Atlantic bottlenosed Notice^hereby given that, on April 15, dolphins ( Tursiops truncatus), and two solidated decision relates was based on 1975, and ' as authorized by the provi­ the failure of the respective applicants female California sea lions (Zalophus sions of the Marine Mammal Protection californianus) for the purpose of public to submit the required documentation, Act of 1972 (16 U.S.C. 1361-1407), the including a completely executed appli­ display. National Marine Fisheries Service issued cation form, in sufficient detail to allow The bottlenosed dolphins will be cap­ a permit authorizing Lafayette Park Zoo the issue of “scientific equivalency” to tured in the Gulf of Mexico, off the west to take one beached and stranded sea be determined by the Deputy Assistant lion which had been placed in temporary coast of Florida, by a professional col­ S gc ret3rfy lector using a seine net. DOCKET NUMBER: 72-00409-01- custody of Lafayette Park Zoo by local The sea lions will be collected by a 77040. APPLICANT: University of Cali­ officials, subject to certain conditions set fornia, Space Sciences Laboratory, forth therein. The Permit is available professional collector in the area of the Berkeley, California 94720. ARTICLE: for review by interested persons in the Channel Islands, California. Office of the Director, National Marine The dolphins will be maintained and Mass Spectrometer, Model M AT 311. Fisheries Service, Department of Com­ DATE OF DENIAL WITHOUT PREJ­ merce, Washington, D.C. 20235, and the displayed in a 220,000 gallons salt water UDICE TO RESUBMISSION: Decem­ Regional Director, National Marine Fish­ tank, 50 feet in diameter and 16 feet ber 19,1974. eries Service, Northeast Region, Federal deep. DOCKET NUMBER: 74-00350-33- Building, 14 Elm Street, Gloucester, Thé sea lions will be maintained in 41700. APPLICANT: Duke University Massachusetts 01930. two salt water pools which have the Medical Center, Durham, North Caro­ Dated: April 15, 1975. following dimensions: lina 27706. ARTICLE: Surgical Laser, W alter K ir k n e s s , 1. Circular pool, 23 feet in diameter and ap­ Medilase 791. DATE OF DENIAL W ITH­ Acting Director, National proximately 3 feet deep, with an 8 feet Marine Fisheries Service. in diameter sunning pad. In addition to OUT PREJUDICE TO RESUBMIS­ one of the female sea lions requested, SION : December 2,1974. [FR Doc.75-10450 Filed 4-21-75;8:45 am] one male sea lion will occupy this pool;

FEDERAL REGISTER, V O L 40, NO. 78— TUESDAY, APRIL 22. 1975 NOTICES 17771

2. Square pool, 6 feet long by 0 feet wide and harbor seals (Phoca vitulina richardii) The Permit is available for review by approximately 3 feet deep, with a 6 feet for the purpose of public display. interested persons in the Office of the by 6 feet apron pad for sunning. The Notice is hereby given that, on April 9, Director, National Marine Fisheries other female sea lion will be kept in 1975, and as authorized by the provisions Service, Department o f Commerce, this pool. of the Marine Mammal Prótection Act Washington, D.C. 20235, Office of the Ocean World, Inc. is a profit organiza­ of 1972 (16 U.S.C. 1361-1407), the Na­ Regional Director, National Marine tion. The facility hosts 250,000 visitors tional Marine Fisheries Service issued a Fisheries Service, Southeast Region, annually, in addition to 12,000 children Permit for the above mentioned taking Duval Building, 9450 Gandy Boulevard, and others in educational programs. to Shipwreck, Inc., subject to certain St. Petersburg, Florida 33702, and in the The staff at Ocean World, Inc. has had conditions set forth therein. The Permit Office of the Regional Director, National considerable experience in oceanarium is available for review by interested per­ Marine Fisheries Service, Southwest maintenance techniques and animal sons in the Office of the Director, Na­ Region, 300 South Ferry Street, Terminal handling and has contributed signifi­ tional Marine Fisheries Service, Depart­ Island, California 90731. cantly to further development of such ment of Commerce, Washington, D.C. Dated: April 14,1975. techniques. 20235, and the Office of the Regional Di­ The arrangements and facilities for rector, National Marine Fisheries Serv­ W alter K ir k n e s s , transporting and maintaining the* ma­ ice, Southwest Region, 300 South Ferry * Acting Director, National rine mammals requested in the above Street, Terminal Island, California 90731. Marine Fisheries Service. application have been inspected by a Dated: April 9,1975. [FR Doc.75-10451 Filed 4-21-75;8:45 am] licensed veterinarian, who has certified that such arrangements and facilities W alter K ir k n e s s , DEPARTMENT OF INTERIOR are adequate to provide for the well­ Acting Director, National being of the marine mammals involved. Marine Fisheries Service. Office of the Secretary Documents submitted in connection [FR Doc.75-10449 Filed 4-21-75;8:45 am] EMERGENCY ADVISORY COMMITTEE with the above applications are available FOR NATURAL GAS for review at the following locations: SOUTH AFRICA Notice of Meeting Office of the Director, National Marine Fisheries Service, Department of Com­ Fish Import Certification Pursuant to the provisions of the Fed­ merce, Washington, D.C. 20235, the Office Regulations established in accordance eral Advisory Committee Act (Pub. L. of the Regional Director, National Ma­ with the Marine Mammal Protection Act 92-463, 86 Stat. 770), notice is hereby rine Fisheries, Service, Southwest Region, of 1972, 16 U.S.C. 1361-1407, (published given of the following meeting: 300 South Ferry Street, Terminal Island, in 39 FR 32117 on September 5, 1974, as The .Emergency Advisory Committee California 90731, and the Office of the amended) provided that a nation may for Natural Gas will meet at 9 a an. Regional Director, National Marine make certification regarding vessels fish­ on May 8, 1975 at the O’Hare Hilton Fisheries Service, Southeast Region, Du­ ing under its flag in order to permit im­ at O’Hare International Airport, Chi­ val Building, 9450 Gandy Boulevard, St. portation into the United States of cer­ cago, Illinois. The purpose of this meet­ Petersburg, Florida 33702. tain of its fish and fishing products. ing is to establish the procedures and the Concurrent with the publication of this The Director, NMFS, has received and data acquisition system to be used to carry out a study of impacts of natural notice in the F ederal R egister, the Sec­ accepted certification from the Govern­ retary of Commerce is sending copies of ment of South Africa that vessels fishing gas curtailments requested by the De­ the application to the Marine Mammal under its flag are fishing in conformance partment of the Interior. Commission and the Committee of Sci­ with U.S. regulations regarding the tak­ Further information with respect to entific, Advisors. ing of marine mammals incidental to this meeting may be obtained from Ben commercial fishing operations. Tafoya, Office of the Assistant Secretary- Written views or data, or requests for Energy and Minerals, Department of the a public hearing on this application Copies of certifications are on file and available for review in the Office of the Interior, Washington, D.C., telephone should be submitted to the Director, Na­ number 343-r6226. tional Marine Fisheries Service, Depart­ Director, National Marine Fisheries ment of Commerce, Washington, D.C. Service, Washington, D.C. 20235. Dated: April 16,1975. 20235 on or before May 22, 1975. The Dated: April 14,1975. J a c k W. C a r l s o n , holding of such hearing is at the discre­ . Assistant Secretary of the Interior. tion of the Director. R obert F. H u t t o n , [F R Doc.75-10474 Filed 4-21-75;8:45 am] All statements and opinions contained Acting Director, National in this notice in support of this applica­ Marine Fisheries Service. tion are summaries based upon informa­ _ [ FR Doc.75-10453 Filed 4-21-75; 8 ; 45 am] DEPARTMENT OF COMMERCE tion supplied by the Applicant and, Office of the Secretary therefore, do not necessarily reflect the SAN DIEGO ZOOLOGICAL GARDEN views of the National Marine Fisheries ]Dept. Org. Order 20-11] Issuance of Permit To Take and Import APPEALS BOARD Service. Marine Mammals Authority and Organization Dated: April 16,1975. On February 26,1975, notice was pub­ R o bert F . H u t t o n , lished in the F ederal R egister (40 FR This order, effective March 28, 1975, Associate Director for Resource 8241) that an application had been filed supersedes the material appearing at 32 Management, National Ma­ with the National Marine Fisheries Serv­ FR 10825 of July 22, 1967. rine Fisheries Service.- ice by the San Diego Zoological Garden, S e c t io n 1. Purpose. This order pre­ scribes the, authority and functions of ]FR Doc.75-10452 Filed 4-21-75;8:45 am] P.O. Box 551, San Diego, California 92112 for a permit to take and import the Appeals Board for the Department four (4) southern sea lions ( Otaria of Commerce. SHIPWRECK, INC. byronia) for the purpose of public dis­ S e c . 2. General. The Appeals Board play. for the Department of Commerce, initi­ Issuance of Permit for Marine Mammals Nqtice is hereby given that, on April ally established on August 18, 1953, by On November 4, 1974, notice was pub­ 14, 1975, and as authorized by the pro­ Department Order 106 of that date, and lished in the F ederal R egister (39 FR visions of the Marine Mammal Protec­ which serves as an impartial body to 38920) that an application had been filed tion Act of 1972 (16 U.S.C. 1361-1407), consider certain appeals from the pub­ with the National Marine Fisheries Serv­ the National Marine Fisheries Service lic, is continued within the Office of the ice by Shipwreck, Incorporated, 1938 issued a permit to the San Diego Zoo­ Assistant Secretary for Administration. Buhne Drive, Eureka, California 95501 logical Garden, subject to certain con­ It shall be composed of a chairman and for a permit to take three (3) Pacific ditions set forth therein. other members as may be designated by

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17772 NOTICES

the Assistant Secretary for Administra­ the Administration and furnished to the [Dept. Org. Order 30-5B] tion and approved by the Secretary. Administration’s project grantees and OFFICE OF TELECOMMUNICATIONS S ec. 3. Authority and functions. 01 The cost reimbursement type contractors. Appeals Board is authorized to consider 2. S ec. 5. General Functions. Reletter Authority and Organization and decide appeals by contractors from existing n as o and add new paragraph This order, effective March 24, 1975, decisions made by contracting officers n to read as follows : under contracts which provide for such supersedes the material appearing at 37 n. Establish the Administration’s policy FR 15182 of July 28,1972. an appeal to the Secretary. and procedures for fulfilling require­ S e c tio n 1. Purpose. .01 This order pre­ .02. The Appeals Board is also author­ ments for an excess personal property ized to consider and decide appeals by scribes the organization and assignment program, including requirements of EDA of functions within the Office of Tele­ persons affected by: grantees. a. Any order, regulation or adminis­ communications. Department Organiza­ trative action issued pursuant to the au­ G u y W. Ch a m b e r lin , Jr., tion Order 3 0-5 A prescribes the scope of thority delegated to the Secretary of Acting Assistant Secretary authority of the Director of the Office of Commerce under the Defense Produc­ for Administration. Telecommunications and the functions of tion Act of 1950, as amended (50 U.S.C. [FR Doc.75-10482 Filed 4-21-75;8:45 am] the Office. App. 2061 et seq.), and the authority of .02 This revision Abolishes the former Associate Director for Other Agency Pro­ the Secretary of Commerce under section [Dept. Org. Order 15-2] 402 of the Federal Property and Admin­ grams and International Activities, istrative Services Act of 1949, as amended OFFICE OF CONGRESSIONAL AFFAIRS transferring certain of his functions to the Institute for Telecommunication Sci­ (40 U.S.C. 512) ; Authority and Organization b. Any denial or probation order, civil ences (section 6). It also changes the penalty or other administrative sanction This order, effective April1 9, 1975, name of the Frequency Management of the Domestic and International Busi­ supersedes the material appearing at 31 Support Division to the Spectrum Man­ ness Administration’s Bureau of East- FR 6749 of May 5,1966. agement Support Division (section 4). West Trade in connection with its au­ S e c tio n 1. Purpose. The purpose of S ec. 2. Organization structure. The or­ thority for the administration of export this order is to describe the functions of ganization structure and line of author­ controls under the Export Administration the Office of Congressional Affairs. ity of the Office of Telecommunications Act of 1969, as amended (50 U.S.D. App. S ec. 2. General. The Office of Con­ shall be as depicted in the attached or­ 2401 et seq.) ; and gressional Affairs (the “ Office” ) is hereby ganization chart. A copy of the organiza­ c. Other administrative actions taken continued as a Departmental office in the tion chart is attached to the original of pursuant to law and referred to the Board Office of the Secretary. The Office shall this document on file in the pffice of the by appropriate authority. be headed by an Assistant.to the Secre­ Federal Register. .03 Decisions by the Appeals Board on tary for Congressional Affairs who shall S ec. 3. Office of the Director. .01 The appeals arising under paragraphs .01 report and be responsible to the Secre­ Director, as the head of the Office of and .02 of this section shall be final tary of Commerce. Telecommunications, shall direct and be within the Department. Sec. 3. Functions and responsibilities. responsible for all operations of the or­ .04 No member may act for the Appeals .01/ The Office of Congressional Affairs ganization. Board or participate in a decision on shall coordinate departmental activities .02 The Deputy Director shall assist appeal if he has otherwise been directly pertaining to Congressional relations and the Director in directing the Office and involved in the administration of the con­ serve as the channel for the exchange perform the functions of the Director tract, regulation, or other* subject mat­ of information with Members of Con­ during his absence. ter of the appeal. gress. More specifically, the Office shall: .03 The Assistant Director for Pro­ .05 The Chairman of the Appeals Board a. Serve as the focal point within the gram Development and Evaluation shall is authorized to issue rules governing Department for handling Congressional initiate and maintain a formal program the handling of appeals. relations, and advise the Secretary on planning and evaluation system for the Office of Telecommunications, including Savings provision. .01 All outstanding such matters; and b. Be primarily responsible for the such functions as: supervise planning delegations, regulations, orders and other and development of future programs for actions issued by or relating to the Ap­ handling of Congressional mail aiid tele­ phone or other forms of inquiries or re­ all elements of the Office; establish man­ peals Board shall remain in effect until agement, evaluation, report, and control amended or revoked by proper authority. quests for information or assistance or reports from Members of Congress or standards and procedures for all ele­ G u y W - Ch a m b er lin , Jr., their staffs, except as excluded in para­ ments; evaluate past performance of all Acting Assistant Secretary graph .03 of this section. elements; review current performance of for Administration. all elements; and coordinate the man­ .02 All such inquiries or requests from agement of all program activities which [FR Doc.75-10484 Filed 4r-21-75;8:46 am] Congress shall be reported to the Assist­ involve more than one line division. ant to the Secretary for Congressional .04 The Administrative Officer shall: Affairs in accordance with the provisions [Dept. Org. Order 10-4; Arndt. 2] a. Provide analysis and assistance for of Department Administrative Order ASSISTANT SECRETARY FDR 218-2. the Director toward developing or im­ ECONOMIC DEVELOPMENT proving the management systems of the .03 Nothing herein shall be deemed to Office, and Authority and Organization affect either the responsibility of the O f­ fice of the General Counsel for the prep­ b. Be the principal assistant and ad­ This order, effective April 8,1975, fur­ visor to the Director on administrative ther amends the material appearing at aration of and furnishing to the Congress of the Department’s legislative program management and support functions, in­ 35 FR 5970 of April 10, 1970; and 40 FR cluding: procurement, accounting, budg­ 12532 of March 19, 1975. and for furnishing reports to the Con­ gress on any proposed legislation; or the eting, personnel services, property man­ Department Organization Order 10-4, responsibility of the Office of the Assist­ agement, security, emergency planning dated April 1, 1970, is hereby further ant Secretary for Administration for the and civil defense, office services (such as amended as follows: presentation to the Congress of budget mail, messenger, communications, and 1. S ec. 4. Delegation of authority. Addestimates and direct liaison with appro­ duplicating) and office management new subparagraph .Old. to read as priations committees and their staffs. (such as records and forms manage­ follows: ment) . d. 41, CFR Part 101-43, Public Con­ G u y W. Ch a m b e r lin , Jr., S ec. 4. Spectrum Management Support tracts and Property Management, for the Acting Assistant Secretary Division. The Spectrum Management acquisition, use and eventual disposition for Administration. Support Division shall provide central­ of excess personal property obtained by [FR Doc.75-10483 Filed 4-21-75;8:45 am] ized technical and administrative support

FEDERAL REGISTER, VOL. 40, NO. 7$— TUESDAY, APRIL 22, 1975 NOTICES 17773 for coordination of Federal frequency port of the Office of Telecommunications Accordingly, notice is given that cer­ uses and assignments and such other Policy; and tificates of approval, numbers TC-74- services and administrative functions, b. Perform such other analysis as Is 012, TC-74-016, and TC-74-017, issued including the maintenance of necessary required to support Office of Telecom­ for the Bendix Corporation coal mine flies and data bases, responsive to the munications Policy. dust personal sampler units are hereby revoked, effective on April 22, 1975. needs of the Director of the Office of Guv W. C h a m b e r l in , Jr. Telecommunications Policy in the Ex­ Acting Assistant Secretary Dated: April 17, 1975. ecutive Office of the President, in the for Administration. performance of his responsibilities for J o h n F . F in k l e a , the management of the radio spectrum. [FR Doc.75-10485 Filed 4-21-75;8:45 ami Director, National Institute S ec. 5. Telecommunications Analysis for Occupational Safety and Division. The Telecommunications Anal­ DEPARTMENT OF HEALTH, Health. ysis Division shall: EDUCATION, AND WELFARE [FR Doc,75-10531 Filed 4-21-75;8:45 am] a. Conduct technical and economic research and analysis of a long-term, Center for Disease Control continuing nature to provide informal BENDIX CORP. COAL MINE DUST Office of Education tion and alternatives for the resolution PERSONAL SAMPLER UNITS FOLLOW THROUGH PROGRAM of policy questions, including studies Revocation of Certificates of Approval leading to the more efficient allocation Applications for Technical Assistance; and utilization of telecommunications Pursuant to notice published in the Extension of Closing Date resources; F ederal R e g ister (40 FR 12825), a pub­ Notice is hereby given that the U.S. b. Provide forecasts of technological de­ lic hearing was held by the National Commissioner of Education has ex­ velopments affecting telecommunica­ Institute for Occupational Safety and tended the March 10, 1975 closing date tions and estimate their significance; and Health (NIOSH) on April 1, 1975, to for receipt of applications for grants c. Provide advisory services in tele­ receive relevant evidence concerning and contracts for technical assistance communications to agencies of Federal, whether certificates of approval TC-74- to Follow Through program under sec­ State and local governments. 012, TC—74-016, and TC-74-017, issued tion 553(a) (3) of the Community Serv­ Sec. 6. Institute for Telecommunica­ to the Beridix Corporation for its coal ices Act of 1974 (42 U.S.C. 2929(b)), tion Sciences. The Institute for Tele­ mine dust personal sampler units should which was previously published in the communication Science'’ shall provide be revoked for cause under 30 CFR F ederal R eg ister at 40 FR 6217 on Feb­ the scientific, engineering, and techno­ 74.11. ' ruary 10,1975 to April 30,1975. logical competence necessary ‘to the The evidence introduced by the Gov­ A. Applications sent by mail. An ap­ functions of the Office of Telecommuni­ ernment, which was stipulated to by plication sent by mail should be ad­ cations. As such, it shall: Bendix, showed that substantial num­ dressed as follows: U.S. Office of Edu­ a. Serve as the central Federal agency bers of capsules, which are made from cation, Application Control Center, 400 for research on the transmission of radio Tenite polypropylene and used in the Maryland Avenue, SW., Washington, waves; Bendix cassettes, lose weight over a D.C. 20202, Attention: 13.433. An appli­ b. Acquire, analyze, synthesize, and period of time and/or when submitted cation sent by mail will be considered disseminate data and perform research to -increased temperatures, as when to be received on time by the Application in general on the description and pre­ stored, with the result that determina­ Control Center if: diction of electromagnetic wave propa­ tions of dust concentrations using Ben­ (1) The application was sent by reg­ gation, on the nature of electromagnetic dix cassettes will be considerably less istered or certified mail not later than noise and interference, and on methods than the true concentrations. April 25, 1975 as evidenced by the U.S. for the more efficient use of the electro­ ■ While stipulating to the Government’s Postal Service postmark on the wrapper magnetic-apectrum for telecommunica­ evidence, Bendix contended that under or envelope, or on the original receipt tion purposes; the circumstances, revocation under 30 from the UJS. Postal Service; or c. Prepare and issue predictions of CFR 74.11 is unwarranted and unau­ (2) The application is received on or electromagnetic wave propagation con­ thorized in that (1) there has been no before the closing date by either the ditions and warnings of disturbances in culpability shown on the part of Ben­ Department of Health, Education, and those conditions ; dix, (2) there were no specific require­ Welfare, or the U.S. Office of Education d. Conduct research and analysis on ments applicable to capsules for shelf life mail rooms in Washington, D.C. (In es­ radio propagation, radio systems char­ or heat resistance, and (3) the company tablishing the date of receipt, the Com­ acteristics, and operating techniques af­ is not responsible for failure of others to missioner will rely on the time-date fecting the utilization of the radio use the cassettes within a reasonable stamp of such mail rooms or other docu­ spectrum in coordination with special­ time and to properly store them. mentary evidence of receipt maintained by the Department of Health, Education, ized, related research and analysis per­ With respect to these contentions, it and Welfare, or the U.S. Office of Edu­ formed by other Federal agencies in their is enough to note that section 2021a) of areas of responsibility; cation.) the Federal Coal Mine Health and Safety B. Hand delivered application. An ap­ e. Conduct research, engineering, and Act (30 U.S.C. 842(a) ) requires, and Part plication to be hand delivered must be analysis in the general field of telecom­ 74 was adopted to insure, that accurate taken to the U.S. Office of Education munications science in support of other dust samples of the coal mine atmos­ Government agencies as required; Application Control Center, Room 5673, phere are taken. These samples are es­ Regional Office Building Three, 7th and f . Develop methods of measurement of sential to determining compliance with D Streets, S.W-, Washington, D.C. Hand the respirable dust standard for under­ system performance and standards of delivered applications will be accepted practice for telecommunication systems; ground mines, which is to maintain the and daily between the hours of 8 a.m. and average concentration to which each coal 4 p.m. Washington, D.C. time except g. Conduct the planning, coordination, miner is exposed at or below 2.0 milli­ Saturdays, Sundays, or Federal holidays. and review of the activities of the Office grams of respirable dust per cubic meter Applications will not be accepted after of Telecommunications in the field of of air. In view of the stipulation of 4 p.m. on the closing date. Bendix that the accuracy of samples international telecommunications, par­ C. Program information and forms. ticularly those related to the Internation­ obtained by its units is not predictable, the company’s contention that revoca­ Information and applications may be al Telecommunications Union, and pro­ obtained from the Division of Follow vide for the representation of the Office tion is unwarranted and unauthorized is rejected, and I find that under 30 CFR Through, Bureau of School Systems, U.S. of Telecommunication in these matters. Office of Education, Room 3636, 7th and S ec. 7. Policy Support Division. The 74.11 cause exists on the stated grounds D Streets, S.W., Washington, D.C. 20202. Policy Support Division shall: a. Pro­ for the revocation of the certificates of D. Applicable regulations. Regulations vide economic and policy studies in sup­ approval. for the Follow Through program were

FEDERAL REGISTER, V O L 40, NO . 78— TUESDAY, APRIL 22, 1975 17774 NOTICES published as Notice of Proposed Rule of Suspension issued February 3, 1975, sary to make the statements therein not Making, March 5, 1974 (39 FR 8341). A which was sent to the developer pur­ misleading. permanent final regulation, to be pub­ suant to 15 U.S.C. 1706(e) and 24 CFR 2. The Respondent filed an Answer re­ lished and to be effective before the end 1710.45(b) (2) informing the developer ceived March 17, 1975 in response to the of the current fiscal year, will govern of his failure to comply with the request Notice of Proceedings and Opportunity the Follow Through program. Other reg­ of the Secretary for documents concern­ for Hearing. ulations applicable to this program are ing Canyon Crest located in Orange 3. In said Answer the Respondent re­ contained in the Office of Education gen­ County, California. quested a hearing on the allegations con­ eral provisions regulations (45 CFR Part 2. The Respondent filed an Answer re­ tained in the Notice of Proceedings and 100a). ceived February 21, 1975, in response to Opportunity for Hearing. (Catalog of Federal Domestic Assistance, No. the Suspension Order. 4. Therefore, pursuant to the provi­ 13.433 Follow Through) 3. In said Answer the Respondent re­ sions of 15 U.S.C. 1706(d) and 24 CFR quested a hearing on the Suspension Or­ 1720.160(d), it is hereby ordered, That Dated: April 17,1975. der. a public hearing for the purpose of tak­ T . H . B e l l , 4. Therefore, pursuant to the provi­ ing evidence on the questions set forth U.S. Commissioner of Education. sions of 15 U.S.C. 1706(e) and 24 CFR in the Notice of Proceedings and Op­ [FR Doc.75-10621 Filed 4-21-75;8:46 am] 1720.165(b), it is hereby ordered, That portunity for Hearing will be held be­ a public hearing for the purpose of tak­ fore Judge James W. Mast, in Room ing evidence on the propriety of the Sus­ 7146, Department of HUD, 451 7th Street Office of the Assistant Secretary for Health pension Order will be held before Judge SW., Washington, D.C., on May 12, 1975, NATIONAL COMMISSION FOR THE PRO­ James W. Mast, in. Room 7146, Depart­ at 10 a.m. TECTION OF HUMAN SUBJECTS OF ment of HUD, 451 7th Street SW., Wash­ The following time and procedure is BIOMEDICAL AND BEHAVIORAL RE­ ington, D.C., on May 6| 1975 at 10 a.m. applicable to such hearing: SEARCH The following time and procedure is All affidavits and a list of all witnesses Meeting applicable to such hearings: are requested to be filed with the Hearing All affidavits and a list of aU witnesses are Clerk, HUD Building, Room 10150, Washing­ Notice is hereby given that the Na­ ton, D.C., 20410 on or before May 5, 1975. tional Commission for the Protection of requested to be filed with the Hearing Clerk, HUD Building, Room 10150, Washington, 6. The Respondent is hereby notified Human Subjects of Biomedical and Be­ D.C. 20410, on or béfore April 29, 1975. havioral Research will meet on May 9 that failure to appear at the above sched­ and 10, 1975, in Conference Room 6, C 6. The Respondent is hereby notified uled hearing shall be deemed a default Wing, Building 31, National Institutes of that failure to appear at the above sched­ and the proceedings shall be determined Health, £900 Rockville Pike, Bethesda, uled hearing shall be deemed a default, against Respondent, the allegations of Maryland 20014. The meeting will con­ and the proceedings shall be determined which shall be deemed to be true, and vene at 9 a.m. each day and will be open against Respondent,! the allegations of an order Suspending the Statement of to the public, subject to the limitations which shall be deemed to be true, and Record, herein identified, shall be is­ of available space.; the Suspension Order shall be continued sued pursuant to 24 CFR 1710.45(b) (1). The agenda will include discussion of in effect. This notice shall be served upon the issues identified in the legislative man­ This notice shall be served upon.the Respondent forthwith pursuant to 24 date to the Commission under Pub. L. 93- Respondent forthwith pursuant to 24 CFR 1720.440. 348 and planning of studies to be under­ CFR 1720.440. By the Secretary. taken by the Commission. By the Secretary. Dated: April 7, 1975. Requests for information should be Dated: March 28,1975. directed to Ms. Anne Ballard (301-496- J a m es W . M a st , 7776), Room 125, Westwood Building, J a m e s W . M ast, Administrative Law Judge. 5333 Westbard Avenue, Bethesda, Mary­ Administrative Law Judge„ [FR Doc.75-10497 Filed 4^21-75;8:45 am] land 20016. [FR Doc.75-10496 Filed 4-21-75;8:45 am] Dated: April 16,1975, DEPARTMENT OF M ic h a e l S. Y e s l e t , [Docket No. N-75-290] TRANSPORTATION Acting Executive Director, Na­ LAKE LUCIE GARDENS Coast Guard tional Commission for the Protection of Human Subjects Notice of Hearing [C G D 75-098] of Biomedical and Behavioral In the matter of Lake Lucie Gardens, NATIONAL BOATING SAFETY ADVISORY Research. Docket No. Y-920 OILSR No. 0-1693-09- , COUNCIL [F R Doc.75-10473 Filed 4-21-75; 8:45 am] 503. Open Meeting r r — Pursuant to 15 U.S.C. 1706(d) and 24 This is to give notice in accordance \ DEPARTMENT OF HOUSING AND CFR 1720.160(d). Notice is hereby given with section 10(a) of the Federal Ad­ URBAN DEVELOPMENT that: 1. Lake Lucie Estates, Inc., Fred­ visory Committee Act (Pub. L. 92-463; 5 erick T. Hyman, President, its officers U.S.C. App. 1) of October 6, 1972 that Office of Interstate Land Sales and agents, hereinafter referred to as Registration the National Boating Safety Advisory “ Respondent,” being subject to the pro­ Council (the Council) will conduct an [Docket No. N—75-289] visions of the Interstate Land Sales Full open meeting on Thursday and Friday, Disclosure Act (Pub. Law 90-448) (15 . CANYON CREST 29-30 May 1975 at the Sheraton-Crest U.S.C. 1701 et seq.) , received a Notice Inn, 111 East First Street, Austin, Texas. Notice of Hearing of Proceedings and Opportunity for Hearing issued February 27, 1975, which The meeting is scheduled to begin at 9 In the matter of Canyon Crest, OILSR was sent to the developer pursuant to a.m. each day. No. 0-2782-04-544, Docket No. Y-560. 15 U.S.C. 1706(d), 24 CFR 1710.45(b) (1) The agenda for the Eleventh meeting Pursuant to 15 U.S,C. 1706(e) and 24 and 1720.125 informing the developer of of the National Boating Safety Advisory CFR 1720.165(b). Notice is hereby given information obtained by the Office of Council is as follows: that: 1. The Irvine Company, Albert J. Interstate Land Sales Registration al­ Auer, Vice President, its officers and leging that the Statement of Record 1. Review of action taken at the tenth agents hereinafter referred to as “Re­ meeting of the Council. and Property Report for Lake Lucie Gar­ 2. Discussion and vote on minor amend­ spondent/' being subject to the provi­ dens, located in St. Lucie County, Flor­ sions of the Interstate Land Sales Full ments to miscellaneous boating construction ida, contain untrue statements of mate­ Standards. Disclosure Act (Pub. Law 90-448) (15 rial fact or omit to state material facts 3. Discussion, live demonstration on the UB.C. 1701 et seq), received an Order required to be stated therein as neces­ effects of proposed Level Flotation Standards,

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 NOTICES 17775 status report by the Level Flotation Subcom­ unrestricted flow o f information con­ The program will be constantly moni­ mittee and vote for proposed Level Flota­ cerning deficiencies and discrepancies in tored to determine its effectiveness and tion Standards. the aviation system. This is a positive will be clarified, modified, or expanded 4. Vote on proposed changes to labeling re­ program intended to ensure the safest quirements for Personal Flotation Devices. as necessary. All interested persons are 5. Report on research conducted on the possible system by identifying and cor­ invited to submit comments or sugges­ problems of effectively ventilating certain recting unsafe conditions before they tions on the program. Submissions types of gasoline powered boats. lead to accidents. The primary objective should be addressed to the Associate Ad­ 6. Vote on proposed regulations to require of the program is to obtain information ministrator for Safety, Federal Aviation a persons- capacity (In terms of number of to evaluate and enhance the safety and Administration, Washington, D.C. 20591. persons) to be displayed in addition to per­ efficiency of the present system. In addition, the aviation community will sons capacity in pounds on mono-hull boats The FAA is convinced that an unre­ be invited to participate on a continuing less than 20 feet in length. stricted flow of information from those 7. Status report on research being con­ basis. Periodic meetings will be sched­ ducted concerning navigation lights for rec­ people who use the system on a regular uled with interested aviation groups who reational boats. basis is one of the primary ways of mon­ use the system to obtain their views on 8. Vote on amendment to previously ap­ itoring its performance. To ensure re­ the effectiveness of the program .and proved Certification of Compliance Regula­ ceipt of this information, the program changes needed to accomplish its pur­ tion. provides for the waiver of certain disci­ pose. 9. Observation of boat building techniques plinary actions against persons, includ­ This program applies to incidents at the Glastron Boat Company. ing pilots and air traffic controllers, who which occur after April 30, 1975, and is 10. Presentation on difficulties encoun­ file timely written reports concerning tered when titling boats in certain States adopted under the authority of sections due to Hull Identification Number Regula­ potentially unsafe incidents which occur 305, 307(c), 312(c), 313(a), 601(a), tion. after April 30, 1975. To be considered 701(a) and 1104 of the Federal Aviation 11. Explanation of categories of “Desig­ timely, reports must be delivered or post­ Act of 1958 (49 UJS.C. 1346, 1348(c), nated Associated Equipment” for purpose of marked within five days of the incident 1353(c), 1354(a), 1321(a), 1441(a), and Defect Notification under authority of the unless that period is extended for good 1504), and section 6 (c) of the Depart­ Federal Boat Safety Act of 1971. cause. Reporting forms are being de­ ment of Transportation Act (49 U.S.C. 12. Proposal to discontinue display of Vis­ veloped and will be available at FAA 1655(c)). ual Storm Signals (Small Craft Warnings, facilities. etc.) at certain areas. The FAA continues to encourage the Issued in Washington, D.C. on April 13. Explanation of proposed revision of the 18,1975. Numbering and Accident and Casualty Re­ reporting of any information which a person believes discloses an unsafe con­ J a m e s E. Dow, porting Systems Regulations and vote on Acting Administrator. concurrence. dition in the National Air Transporta­ 14. Member items. tion System. This program, however, will [FR Doc.75-10593 Filed 4-21-75;8:45 am] 15. Chairman’s session. initially apply to that part of the Sys­ 16. Suggestions for date, place, and thrust tem involving the safety of aircraft of next meeting. operations, including departure, en National Highway Traffic Safety Administration The National Boating Safety Advisory route, approach and landing operations Council was established in 1971 pursuant and procedures, air traffic contrbl pro­ [Docket No. EX 75-8; Notice No. 2] to section 33 of the Federal Boat Safety cedures, pilot/controller communica­ KOEHRING CO. Act of 1971 (Pub. L. 92-75, 46 U.S.C. 1451 tions, the aircraft movement area of et seq.). The Coast Guard is required the airport, and near mid-air collisions. Petition for Temporary Exemption From to consult with the Council in determi­ Pilots, air traffic controllers, and all Federal Motor Vehicle Safety Standard ning the need for, and in prescribing, other members of the aviation com­ The National Highway Traffic Safe­ regulations and standards for boats and munity and the general public are asked ty Administration has decided to grant associated equipment. In addition, the to file written reports of any discrepancy Koehring Company an exemption until Coast Guard is required to consult with or deficiency noted in these areas. June 1, 1975 from Motor Vehicle Safety the Council on any other major boating Violation reporting may be discour­ Standard No. 121, Air Brake Systems, 49 safety matters related to the Act. aged because of a fear of FAA discipli­ CFR 571.121, on grounds of substantial Any member of the public who wishes nary action against others involved in economic hardship. to do so may file a written statement that violation. Accordingly, if any per­ Notice of Koehring’s petition for tem­ with the Council before or after the son involved in a violation of Federal porary exemption was published on meeting, or may present an oral state­ Aviation Regulations or FAA directives February 13, 1975 (40 FR 6702) and an ment with advance notice to the Chair­ covered by this program files a timely opportunity afforded for comment. man. report of that violation to the FAA, the In 1974 Koehring manufactured 362 Interested persons may seek additional Administrator will waive the taking of vehicles that are considered “motor ve­ information or the summary minutes of disciplinary action against any person hicles” under the National Traffic and the meeting by writing to: involved in that violation except with Motor Vehicle Safety Act of 1966. These respect to reckless operations, criminal are trucks, primarily hydraulic excava­ Captain David E. Metz, USCG offenses, gross negligence, willful mis­ U.S. Coast Guard (G -BR /TR PT) tors and crane carriers manufactured Washington, D.C. 20590 conduct, and accidents. by its Bantam Division. The company The report should give the date, time, or by calling (202 ) 426-4176. requested an exemption until Decem­ location, persons and aircraft involved ber 1, 1976. It “has been aggressively Dated: April 14,1975. (if applicable), nature of the event, and seeking suppliers for the axles required all pertinent details. It should be sub­ J o h n F. T h o m p s o n , to meet FMVSS-121 without success mitted to FAA Headquarters, Regional since the fall of 1973.” The cause of the Rear Admired, U.S. Coast Guard, Offices, or Air Traffic, Flight Standards Chief, Office of Boating Safety. delay was alleged to be the concentrated or Airports Facilities. effort of suppliers on high volume items (FR Doc.75-10471 Filed 4-18-75;8:45 am] Previous experience under an FAA rather than on specialized low-produc­ near mid-air collision reporting pro­ tion equipment. The company believes gram indicated that the willingness of Federal Aviation Administration that axles for its hydraulic excavators persofts to submit a report depends to a will be delivered by September 1, 1975, AVIATION SAFETY REPORTING large degree on the FAA’s ability to pre­ and for its 18-ton cranes a year later. PROGRAM serve the anonymity of persons filing The exemption period requested would Establishment reports and persons named in those re­ allow Koehring also to conduct custom­ ary testing after initial delivery of the The Federal Aviation Administration ports. The FAA will do so upon written axles to insure that production models (FAA) has established a voluntary pro­ request to the fullest extent permitted fully conform and that no defects exist. gram designed to stimulate the free and by law. Denial of the exemption would cause the

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 17776 NOTICES

company substantial economic hardship NUCLEAR REGULATORY [Docket No'. S I N 50-531] in that it would have to cease produc­ COMMISSION tion of the vehicles concerned until con­ GENERAL ELECTRIC CO, forming parts were available. In the in­ [Docket No. 50-389] Receipt of a Standard Safety Analysis terim the demand for such specialized FLORIDA POWER & LIGHT CO. (ST. LUCIE Report vehicles might be met by the company’s NUCLEAR POWER PLANT, UNIT 2) General Electric Co. has filed with the competition. The denial would also re­ Nuclear Regulatory Commission (the sult in a lay-off of Koehring workers Availability of Partial Initial Decision of the Atomic Safety and Licensing Board Commission) the 251 General Electric causing “ great hardship on the Bantam Standard Safety Analysis Report Division employees and on the small Pursuant to the National Environmen­ (GESSAR 251), which was docketed on community of Waverly, Iowa where tal Policy Act of 1969 and the Commis­ February 14, 1975. The GESSAR 251 sion’s regulations in . 10 CFR Part 51, Bantam Division is located”. application was filed in response to Op­ Two comments were received in re­ notice is hereby given that a Partial Ini­ tion 1 (Reference System) of the Com­ tial Decision dated March 4,1975, by the sponse to the notice. The Mayor of mission’s standardization policy for nu­ Waverly, Iowa, supported the petition. Atomic Safety and Licensing Board in clear power plants issued on March 5, Oshkosh Truck Corporation opposed it. the above-taptioned proceeding relating 1973, and pursuant to Appendix 0 to 10 Oshkosh stated that it “has not experi­ to environmental and site suitability CFR Part 50. enced difficulties in preparing for com­ matters is available for inspection by the GESSAR 251 was tendered on Septem­ pliance with Standard No. 121.” It has public in the Commission’s Public Docu­ offered to supply Koehring Company ment Room at 1717 H Street, NW., ber 3, 1974. Following an acceptance re­ view for completeness, it was concluded with specialized equipment necessary to Washington, D.C. and the Indian River on October 18, 1974, that GESSAR 251 comply with the standard and accord­ Junior College Library, 3209 Virginia was not sufficiently complete for the ingly recommended that Koehring’s pe­ Avenue, Ft. Pierce, Florida. tition be denied. It argued that an ex­ The Partial Initial Decision is also be- staff to initiate a detailed review. Ad­ emption “ would lead to gross inequities ing made available at the Bureau of In ­ ditional information was submitted by which would severely penalize those tergovernmental Relations, 725 S. Bron- letters dated December 13, 1974, and truck manufacturers who have invested ough Street, Tallahassee, Florida and the January 31, 1975, and GESSAR 251 was considerable development funds and are South Florida Regional Planning Coun­ found to be acceptable for docketing. Docket No. STN 50-531 has been as­ prepared to meet the law as it becomes cil, 1515 NW. 167th Street, Miami, - signed to GESSAR 251 and should be effective.” Florida. Based on the record developed in the referenced in any correspondence relat­ Koehring, though its volume is lim­ ing thereto. ited, is a corporation with considerable public hearing in the above-captioned financial resources. Its net income in matter, the Partial Initial Decision (at Under the “Reference System” option, 1973 exceeded $10,000,000. In 1972, Pub­ p. 96-97) modifies the Final Environ­ an entire facility design or major frac­ lic Law 92-548 expanded the eligibility mental Statement prepared by the Com­ tions of it can be identified as a stand­ for applications on hardship grounds, mission’s staff relating to construction ard desigfi to be used in multiple appli­ from an annual production of not more of the St. Lucie Nuclear Power Plant, cations. GESSAR 251 describes and than 500 motor vehicles to not more Unit 2* to (1) correct population data (p. analyzes a standard nuclear steam sup­ than 10,000, a 20-fold increase. This 59, U80); (2) include testimony related to ply system (NSSS) for a boiling water constituted a recognition that there alternate ultimate heat sink methods (p. reactor (BW R) using a 251 inch inside might in the future be occasions where 87, TJ117), and (3) include testimony re­ diameter reactor vessel and lat a design manufacturers of moderate production lated to not listing of isotopes of less power rating of 3800 megawatts thermal. would also suffer hardships in meeting than 5 x 10~® Ci/yr due to negligible bio­ GESSAR 251 is similar to the' GESSAR the Federal standards. Such manufac­ logical effects. (p. 11, |17.) 238 NSSS except for size. The General turers would suffer economic disruption Pursuant to the provisions of 10 CFR Electric Company previously filed and uncertainty in the event of a shut­ Part 51, the Final Environmental State­ GESSAR 238 on April 30, 1973. The down of facilities during the period be­ ment is deemed modified to the extent GESSAR 238 application covered a fore conforming vehicles could be pro­ that the Findings and Conclusions con­ broader scope of supply than GESSAR duced. The denial of the exemption tained in the Partial Initial Decision 251. That application contained the would evidently also affect the economic differ from those contained in the Final safety information for a nuclear island well-being of the community of Waverly, Environmental Statement. As required which included an NSSS with a rating Iowa. Therefore, the Administrator has by 10 CFR Part 51, a copy of the Partial of 3579 megawatts thermal. decided to grant Koehring an exemp­ Initial Decision, which modified the When its review of GESSAR 251 is tion, but because of the apparent ability Final Environmental Statement, has complete, the Commission’s Division of Reactor Licensing (staff) will publish a of Oshkosh to supply it with complying been transmitted to the Council on En­ parts, to restrict the exemption period vironmental Quality, the Environmen­ Safety Evaluation Report (SER) docu­ to the period before June 1,1975. tal Protection Agency, and other inter­ menting the results of the review. Morer For the reasons discussed above, ested agencies and persons. over, GESSAR 251 will be referred to NHTSA finds that a temporary exemp­ Single copies of the Partial Initial the Advisory Committee on Reactor Decision and the Final Environmental Safeguards (ACRS) for its review and tion is consistent with the public inter­ a report thereon. Copies of the SER and est and the objectives of the Traffic Statement may be obtained by request addressed to the U.S. Nuclear -Regula­ the ACRS report will be made available Safety Act. Koehring Company is here­ to the public. A notice relating to the tory ’Commission, Washington, D.C. by granted NHTSA Temporary Exemp­ availability of these documents will be 20555, Attention: Director, Division of tion No. 75-8 from Motor Vehicle Safety published in the F ederal R eg ister . Reactor Licensing. Standard No. 121, Air Brake Systems, 49 All interested persons who desire to CFR 571.121, expiring June 1, 1975. Dated at Rockville, Maryland this 16th submit written comments for considera­ day of April, 1975. tion by the staff and ACRS during their (Sec. 3, Pub. L. 92-548, 86 Stat. 1159 (15 review of GESSAR 251 should send them U.S.C. 1410); delegation of authority at 49 For the Nuclear Regulatory Commis­ to the Office of the Secretary, U.S. Nu­ CFR 1.51) sion. clear Regulatory Commission, Washing­ Issued on April 17,1975. W m . H. R e g a n , Jr., ton, D.C. 20555, Attention: Docketing and Chief, Environmental Projects Service Section by June 23,1975. J a m es B . G regory, Branch 4, Division of Reactor Administrator. Licensing. A copy of GESSAR 251 is available for public inspection at the Commission’s [FR Doc.75-10620 Filed 4-21-75; 8:45 ami [F R Doc.75-10435 Filed 4r-21-75;8:45 am] Public Document Room, 1717 H Street

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 NOTICES 17777

NW „ Washington, D.C. 20555. When For the Nuclear Regulatory Commis­ [Docket 27727; Order 75-4-57] available, the SER and the ACRS re­ sion. PROPOSED INCREASED JOINT FREIGHT port will also be made available for pub­ G eorge L ear, RATES lic inspection at the above location. Chief, Operating Reactors Order of Suspension and Investigation Dated at Bethesda, Maryland this 16th Branch No. 3, Division of day of April 1975. Reactor Licensing. Correction [F R Doc.75-10446 FUed 4-21-75; 8:45 am ] For the Nuclear Regulatory Com­ In FR Doc. 75-9913, appearing at page mission. 17069, in the issue for Wednesday, April CIVIL AERONAUTICS BOARD 16, 1975, a first paragraph, which was S p o t t s w o o d B. B u r w e l l , [Docket 27698; Order 75-4-66] inadvertently omitted, should be added Acting Chief, Light Water Re­ to read: actors Projects Branch 2-1, INCREASED JOINT FREIGHT RATES BE­ . “Adopted by the Civil Aeronautics Division of Reactor Licensing.' TWEEN UNITED STATES AND CANADA Board at its office in Washington, D.C., [P R Doc.75-10430 Piled 4-21-75; 8:45 am] Correction on the 11th day of April, 1975.”. Adopted by the Civil Aeronautics [Docket No. 50-321] Board at its office in Washington, D.C. [Docket 22859; Order 75-4-58] GEORGIA POWER CO. AND OGLETHORPE on the 3rd day of April 1975. PROPOSED INCREASED JOINT FREIGHT ELECTRIC MEMBERSHIP CORP. Ordering paragraph 3 on page 2 of RATES Order 75-4-661 should read as follows: Issuance of Amendment to Facility “ 3. This order shall be submitted to the Domestic Air Freight Rate Investigation; Operating License President4 and shall become effective Order of Suspension Notice is hereby given that the U S. April 15,1975;” Correction Nuclear Regulatory Commission (the Dated: April 17,1975. Commission) has issued Amendment No. L i FR Doc. 75-9912, appearing at page 17069, in the issue for Wednesday, April 10 to Facility Operating License No. Es e a l J E d w i n Z. H o l l a n d , DPR-57 issued to Georgia Power Co. and Secretary. 16, 1975, a first paragraph, which was inadvertently omitted, should be added Oglethorpe Electric Membership Corp. [FR Doc.75-10481 Filed 4-21-75;8:45 am ] which revised Technical Specifications to read: for operation of the Edwin I. Hatch Nu­ “Adopted by the Civil Aeronautics clear Plant, Unit 1, located in Appling [Docket No. 27155] Board at its office in Washington, D.C., County, Georgia. The amendment is ef- on the 11th day of April, 1975.” • fective as of its date of issuance. KIMBERLIN AIR FREIGHT CORP. The amendment permits modification Enforcement Proceeding; Notice of COMMISSION ON CIVIL RIGHTS to the Technical Specifications to allow Hearing COLORADO STATE ADVISORY COMMITTEE an increase in the maximum average Notice is hereby given, pursuant to the planar linear heat generation. Agenda and Notice of Open Meeting provisions of the Federal Aviation Act of The application for the amendment 1958; as amended, that hearing in the Notice is hereby given, pursuant to the complies with the standards and require­ above-entitled matter is assigned to be provisions of the Rules and Regulations ments of the Atomic Energy Act of 1954, held on May 20, 1975, at 10 a.m. (local of the U.S. Commission on Civil Rights, as amended (the Act), and the Commis­ that a planning meeting of the Colorado sion’s rules and regulations. The Com­ time) in Room 503, Universal Building, 1825 Connecticut Avenue NW., Washing­ State Advisory, Committee (SAC) to this mission has made appropriate fin dings Commission will convene at 4 p.m. on as required by the Act and the Commis­ ton, D.C., before Administrative Law Judge Arthur S. Present. May 9, 1975, at the Federal Building, sion’s rules and regulations. The Com­ Room 2330,1961 Stout, Denver 80202. mission has made appropriate findings Dated at Washington, D.C., April 17, Persons wishing to attend this meèt- as required by the Act and the Commis­ 1975. ing should contact the Committee Chair­ sion’s rules and regulations in 10 CFR man, or the Mountain States Regional Chapter I,- which are set forth- in the [ s e a l ! R o bert L. P a r k , Chief Administrative Law Judge. Office of the Commission, Room 216, license amendment. Notice of proposed 1726 Champa Street, Denver, Colorado Issuance of Amendment to Facility Oper­ [FR Doc.75-10480 FUed 4-21-75;8:45 am ] 80202. ating License in connection with this The purpose of this meeting is to re­ F ederal R eg­ action was published in the [Docket 27564; Docket 27416; Order 75-4-60] view activities related to the medical/ ist e r on March 17, 1975 (40 FR 12163). legal access project and prepare for the No request for a hearing or petition for ALLEGHENY AIRLINES, INC. ET AL. public conference on the subject sched­ leave to intervene was filed following no­ Discount and Excursion Fares uled for May 10th. tice of the proposed action. Correction This meeting will be conducted pur­ For further details with respect to this suant to the Rules and Regulations of action, see ( 1) the application for In FR Doc. 75-9910, appearing at page the Commission. amendment dated January 28, 1975, (2) 17068, in the issue for Wednesday, April Dated at Washington, D.C. April 16, Amendment No. 10 to License No. D PR- 16*. 1975, make the following changes: 1975. 57, with Changé No. 10, and (3) the 1. A first paragraph, which was in­ I s a ia h T. C r e s w e l l , Jr., Commission’s related Safety Evaluation. advertently omitted, should be added to Advisory Committee All of these items are available for pub­ read: Management Officer. lic inspection at the Commission’s Public “ Adopted by the Civil Aeronautics Document Room, 1717 H Street, NW., Board at its office in Washington, D.C., [FR Doc.75-10438 FUed 4-21-75;8:45 am] Washington, D.C. and at the Appling on the 11th day of April, 1975.”. County Public Library, Parker Street, 2. On page 17068, in the third column, Baxley, Georgia 31513. CONNECTICUT STATE ADVISORY paragraph 3, and the following para­ COMMITTEE A copy of items (2) and (3) may be graph should read as follows: obtained upon request addressed to the “3. Copies of this order be served upon Agenda and Notice of Open Meeting U.S. Nuclear Regulatory Commission, all parties in Dockets 27564 and 27416. Notice is hereby given, pursuant to the Washington, D.C. 20555, Attention: “ This order will be published in the provisions of the Rules and Regulations Director, Division of Reactor Licensing. F ederal R e g ister .” of the U.S. Commission on Civil Rights, Dated at Bethesda, Maryland, April that a planning meeting of the Connecti­ 17,1975. * Published at 40 FR (17195), AprU 17,1975. cut State Advisory Committee (SAC) to

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 17778 NOTICES this Commission will convene' at 7:30 suant to the Rules and Regulations of the NAPA case, however, EPA is, by p.m., on May 20,1975, at the Holiday Inn, the Commission. this notice requesting public comment 900 E Main Street, Meriden, Connecticut Dated at Washington, D.C., .April 17, on those actions. 06450. 1975. Specifically, all interested persons are Persons wishing to attend this meeting I s a ia h T. C r e s w e l l , Jr., invited to submit their written com­ should contact the Committee Chairman, Advisory Committee, ments on the amendments to 40 CFR or the Northeastern Regional Office of Management Officer. 60.11 and to Reference Method 9 of Ap­ the Commission, Room 1639, 26 Federal pendix A, which were published on No­ Plaza, New York, New York 10007. [F R Doc.75-10441 Filed 4-21-75;8:4S am ] vember 12, 1974 (39 FR 39872). Com­ The purpose of this meeting is to dis­ ments are also,, solicited with respect to cuss current projects and rechartering CONSUMER PRODUCT SAFETY the report entitled “Reevaluation of of Advisory Committee. COMMISSION Opacity Standard of Performance for / This meeting will be conducted pursu­ New Asphalt Concrete Plants,” which is ant to the Rules and Regulations of the SWIMMING POOL SLIDES published in full below. The report here Commission. Acceptance of Offer To Develop Safety published has been updated to _ reflect Dated at Washington, D.C., April 17, Standard; Summary of Terms of Accept­ the completion of a study which was dis- ance 1975. oussed as incomplete at the time of Correction I s a ia h T. C r e s w e l l , Jr., preparation of the report and to correct Advisory Committee In FR Doc. 75-1881 appearing at page a minor calculation error. In all other Management Officer. 3331, in the issue for Tuesday, Janu­ respects, this report is identical to that made available pursuant to the Janu­ [FR Doc.75-10439 Filed 4r-21-75;8:45 am] ary 21, 1975, the development period deadline for a recommended standard ary 3,1975, notice. mis computed in error. On page 3332, in All interested persons are invited to MAINE STATE ADVISORY COMMITTEE the second column, third full paragraph, submit their comments to the Emission/ the first sentence should read as follows: Standards and Engineering Division, Agenda and Notice of Open Meeting “ The Consumer Product Safety Act Environmental Protection Agency, Re­ Notice is hereby given, pursuant to the specifies in section 7(b) (15 UJS.C. 2056 search Triangle Park, N.C. 27711, Atten­ provisions of the Rules and Regulations (b )) that the period in which a recom­ tion: Mr. Don R. Goodwin. In order to of the U.S. Commission on Civil Rights, mended standard is to be developed shall be adequately considered, all comments that a planning meeting of the Maine end 150 days after publication in the should be received by the Agency not State Advisory Committee (SAC) to this F ederal R egister of a notice inviting any later than 45 days after the date of this Commission will convene at 7:30 p.m. on person to submit an offer to develop a notice. Comments received will be avail­ June 4,1975, at Maine Teachers Associa­ proposed standard which in this case is able for public inspection during normal tion, 35 Community Drive, Augusta, March 23,1975.” working hours at the Office of Public Maine. Affairs, 401 M Street, S.W., Washington, Persons wishing to attend this meeting D.C.20460. ENVIRONMENTAL PROTECTION The standards and regulations to should contact the Committee Chair­ AGENCY man, or the Northeastern Regional Office which this comment period applies will . of the Commission, Room 1639, 26 Fed­ [FRL 359-6] remain in effect during this evaluation. eral Plaza, New York, New York 10007. STANDARDS OF PERFORMANCE FOR NEW R eevaluation o f O p a c it y S tandard o f The purpose of this meeting is to dis­ STATIONARY SOURCES OF AIR POLLU­ P e r fo r m a n c e fo r A s p h a l t C o n c r e te cuss Franco American Project. TION P l a n t s This meeting will be conducted pur­ suant to the Rules and Regulations of the Opacity Provisions; Request for Public This report discusses the opacity ^ Commission. Comment standard applicable to new asphalt con­ The opacity standards of performance crete plants C40 CFR 60.92(a) (2) 1. On Dated at Washington, D.C. April 16, June 29, 1973, the U.S. Court of Appeals 1975. for new stationary sources of air pollu­ tion have been the subject of litigation for the District of Columbia Circuit re­ I s a ia h T. C r e s w e l l , Jr., in Portland Cement Assn. ». Ruckels- manded to EPA^the new source perform- ' Advisory Committee ance standards for Portland cement Management Officer. haus, 486 F. 2d 375 (C.A.D.C. 1973), and National Asphalt Pavement Assn., plants (40 CFR 60.62) promulgated by EPA under section 111 of the Clean Air [F R Doc.75-10440 Filed 4-21-75:8:46 am ] et al. ». EPA, No. 74-1332 and No. 74r- 1388 (C.A.D.C.). In response to the Act (42 U.S.C. 1857C-6) (Portland Ce­ ment Association ». Ruckelshaus, 486 remand in the Portland case, EPA NEW YORK STATE ADVISORY COMMITTEE F.2d 375). One of the issues remanded promulgated changes to 40 CFR 60.11 was the use of opacity standards. On Agenda and Notice of Open Meeting and to Reference Method 9 of Appendix November 12, 1974, EPA responded to A on November 12, 1974 (39 FR 39872). Notice is hereby given, pursuant to the the remand (39 FR 39872). Copies of the provisions of the Rules and Regulations In connection with the National Asphalt remand responses are available from the of the U.S. Commission on Civil Rights, Pavement Assn. (NAPA) case, after Emission Standards and Engineering that a planning meeting of the New York having made these amendments and Division, Environmental Protection State Advisory Committee (SAC) to this submitted the response to the Port­ Agency, Research Triangle Park, N.C. Commission will convene at 4:30 p.m„ on land remand, EPA undertook a réévalu­ 27711, Attention: Mr. Don R. Goodwin. May 15,1975, at the Federal Building, 26 ation of the opacity standard of per­ In the response EPA considered the Federal Plaza, New York, New York formance for new asphalt concrete use of opacity standards and concluded 10007. plants, 40 CFR 60.92(a)(2), and de­ that they are a reliable, inexpensive and Persons wishing to attend, this meet­ termined that the standard should re­ useful means of ensuring that control ing should contact the Committee Chair­ main in effect without amendment. A equipment is properly maintained and man, or the Northeastern Regional O f­ report, dated November 1974, reflecting operated at times when performance fice of the Commission, Room 1639, 26 the Agency’s réévaluation was made tests are not being conducted. EPA also Federal Plaza, New York, New York available for public reading on January made certain changes to the general 10007. 3,1975 (40 FR 831). provisions and test method for opacity The purpose of this meeting is to dis­ At the time both of these actions were to minimize or eliminate the possibility cuss public employment subcommittee. taken, the Agency determined that it that a plant which can meet the mass To follow-up on Poughkeepsie hearing had valid and legally sufficient reasons emission or concentration standard ap­ and discuss plans for future. for not requesting public comment. In plicable to the source and is properly This meeting will be oonducted pur- response to briefs filed by petitioners in maintained and operated would be in

FEDERAL REGISTER, V O L 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17779 violation of the applicable opacity stand­ plants.1 These plants used high efficiency single particle. However, particle shape ard. EPA is now reevaluating all opacity equipment for control of stack emissions, has negligible effect on the cumulative standards proposed or promulgated two plants were equipped with baghouses angular scattering patterns of a group of under section 111 of the dean Air Act and a third plant was equipped with a irregular particles due to the averaging to determine whether, in view of the venturi scrubber. Visible emissions ob­ effects of random particle motion and conclusions and decisions reached in the servations were made for a total of 15 orientation in space; i.e., the extinction Portland Cement remand response, any hours at the three plants. No visible of visible light by randomly oriented non­ opacity standard should be revised. This stack emissions were observed at any of spherical particles is nearly the same as report discusses the results of this re- these facilities. The summary of these that for spherical particles of equal vol­ evaluation with respect to the opacity observations is shown by the first three ume and similar size distribution, thereby standard for asphalt concrete plants. entries in Table i. Included in Table 1 eliminating the effect of particle shape.8*4 The principle revisions to the regula­ for comparison are the results of an ex­ This averaging effect leaves mean par­ tions (40 CFR Part 60, Standards of Per­ tensive evaluation of the functional rela­ ticle size as the principle particle related formance for New Stationary Sources) tionship (Figure 1) between mass emis­ variable affecting the mass-opacity rela­ which apply to all opacity standards sions and opacity using EPA Method 5 tionship. Particle size variations and therein are: (a) Revisions were made to to determine the mass emissions and a their relatively small effect upon opacity Method 9 (the opacity test method) to transmissometer to measure opacity.* of emissions from asphalt concrete plants base compliance on the averaged results These data show that the.former three are evaluated and discussed below. of one or more sets of 24 consecutive facilities, which had mass emissions The entrained particulate matter in observations; (b) Method 9 now defines below the mass standard, had no visible "uncontrolled gas streams from asphalt the maximum error associated with each emissions find that the latter facility concrete plant dryers ranges uo to 100 set of opacity observations; and (c) when operated with mass emissions hear microns in particle diameter with about 5 60.11(e) was added to provide a gen­ the mass standard (90 mg/dscm), would 70 percent of the mass associated with erally applicable mechanism for any have an average opacity of only six particles less than 74 microns diameter owner/operator to petition the Adminis­ percent. and 20 percent associated with particles trator to obtain a higher opacity stand­ The opacity standard applicable to as­ of less than five microns diameter .s* * Col­ ard for any facility that demonstrates phalt concrete plants has been estab­ lectors of over 99.9 percent efficiency are compliance with the mass emission lished at a level (legs than 20 percent) necessary to attain the mass emission standard concurrent with failure to such that, taking into account all of the standard (concentrations below 90 mg/ attain the promulgated opacity standard. variations in particle size, shape, and dscm or 0.04 gr/dscf). Control devices The revision to Method 9 to extend the stack size encountered by asphalt con­ with 99.9+ percent efficiency will remove time over which opacity observations are crete plants, violation of the opacity all but the finest particles, hence partic­ made (six minutes) was included to re­ standard is indicative of a violation of ulate matter in emissions to the atmos­ quire sufficient observations to ensure ac­ the mass standard. In fact the data in phere will be finer than that of the size ceptable accuracy within the maximum Figure 1 show that for the facility tested, distribution entering the control device average error referenced in Method 9. the mass standard would be exceeded by with some variation in the degree of The use of sets (the average of 24 ob­ a factor of four before the facility would fineness due to the characteristics of the servations, each taken at 15 second in­ be in danger of violating the opacity type control device in use. tervals) of opacity data will preclude a standard for asphalt concrete plants. The exhaust gases from typical high single high reading from being cited as This facility had a typical size stack. For efficiency control devices contain - few a violation. Section 60.11(e) provides ac­ facilities with stack diameters larger particles greater than 40 microns diam­ commodation for those source owners than 1.4 meters, the factor would be eter and the majority of the particles are and operators who install unusually large decreased. between 0.1 to 10 microns diameter.* The diameter stacks or whose source particu­ The transmissometer data, discussed size distribution of the particulate matter late emissions have unusually small mean above, were obtained in a study to develop emitted by a well-controlled asphalt con­ particle diameters which could cause the a functional opacity-mass relationship at crete plant was measured at one plant opacity of the emissions to be greater an asphalt concrete plant. These data and projected from inlet particle size dis­ than is typical for most other plants in wqre obtained by installing an in-stack tributions of 20 other plants using typical the source category. This provision al­ transmissometer to monitor opacity of size-efficiency curves (relationships be­ lows the promulgated opacity standard the source while making concurrent mass tween collection efficiency and particle to be based on typical parameters for measurements JMass emissions were pur­ size) developed for typical control de­ well-controlled new installations rather posely varied by controlled alterations of vices used by asphalt concrete plants.2* * than on the most extreme set of condi­ the collection device.2 The results of that The results of these evaluations show tions. This provision alone would ensure study are shown in Figure 1. The mass that the mass mean diameter of partic­ that no owner of an affected facility mean "diameter (50 percent of the mass ulate matter from a baghouse control would be prejudiced if the facility were associated with particles of this diameter device was measured as five to six mi­ not able to meet the current promul­ or smaller) of the particles emitted was crons and from either baghouse or ven­ gated opacity standard while meeting the five to six microns. These data show that turi scrubber control devices was calcu­ mass emission standard. However, EPA the opacity of an asphalt concrete plant’s lated to be one to two microns diam­ is reevaluating the promulgated opacity emissions are related to the mass con­ eter.2*7 Thus the maximum variation in standard applicable to asphalt concrete centration of the emissions and that mean particle size of emissions that is plants to determine whether it should greater average opacities are closely as­ measured or projected to occur at asphalt be revised upward or downward to mini­ sociated with increased mass emissions concrete plants is within a narrow range mize the need for petitions by owners or (Figure -1). The potential effects upon (one to six microns) regardless of the operators for revised opacity standards opacity of variations in particle size, for their facilities or to avoid an unduly type control device used to achieve the shape, and stack size are discussed below. mass standard (90 mg/dscm). lax standard. EPA has concluded that While the theory of light scattering Maximum scattering of visible light is although the promulgated opacity stand­ predicts variation in the amount of light ard could be made more stringent, such acknowledged to be generally caused by extinction by a cloUd of monodisperse particles within the size range of 0.2 to increased stringency could result in the (same size)"particles as a function of the need for some specific opacity standards 2 microns diameter.8 In Figure 23 of a particle si?e, and the light scattering pat­ report by Conner and Hodkinson, this + *Pecif*c facilities. Accordingly the tern for a nonspherical shaped particle standard has not been revised. Bases for effect is shown.3 For asphalt concrete varies significantly with the particle plants (refractive index, m, is approxi­ this conclusion are presented below. shape, light scattering theory also pre­ mately 1.4 to 1.6) it is apparent from As discussed in Volume m of the dicts that for a cloud of polydisperse (dif­ the figure that the light scattering in­ Background Information for New Source ferent size) particles and for irregular, Performance Standards (EPA 450/2-74- randomly oriented particles there is an tensity stabilizes at a particle diameter 003), the opacity observations used in averaging out of these effects.8,4 of about one micron in visible light.8 the development of the standard were Particle shape has a significant effect Therefore a stable relationship between obtained at three asphalt concrete on the angular scattering patterns for a See footnotes at end of document.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17780 NOTICES light scattering (opacity) and mass be increased because the data support the within the third plant (Facility H ). The emissions will exist for all emissions from conclusion that asphalt concrete plants maximum single observation of opacity asphalt concrete plants where title mean which achieve the mass emission stand­ (Table 2) was 20 percent and the maxi­ particle size is not less than one micron ard will also achieve the current opacity mum average opacity for any six minute diameter. standard. Nor should the opacity stand­ period was 10 percent. Under provisions These data and calculations indicate ard be reduced (typical plants will have of the current regulations, compliance that the mass mean diameter of particles 0-6 percent opacity) due to the opacity with opacity standards will be based on emitted by asphalt concrete plants levels which may be encountered at six minute averages. Even though these equipped with baghouses or venturi plants with large diameter stacks or data indicate that a slightly more re­ scrubbers varies only within a narrow atypically small mass mean diameters. strictive opacity standard could be ap­ range (one to six microns) and this range Under the promulgated standard, very plied to asphalt concrete plants, EPA be­ is outside the region (< 1 micron diam­ few (if any) special standards will be lieves that the current limit (< 2 0 per­ eter) of maximum light scattering for required under § 60.11(e) of the revised cent opacity) is adequate to ensure that asphalt concrete plants. Figure 21 of regulations. However, this provision will the facility owner or operator gives “ Optical Properties and Visual Effects of account for any extreme circumstances proper consideration to design, opera­ Smoke-Stack Plumes” shows that in the where opacity may fall outside the pro­ tion, and maintenance of effective fugi­ range of the mass standard the effect of jected bounds defined by our investiga­ tive emission ducting arrangements. the above variation in particle diameter tions. No owner or operator of such an ' Some questions have arisen as to the represents about a ± 6 percent variation atypical facility will be prejudiced as he validity of using an observer to deter­ of opacity.® The effect upon opacity of will be afforded means of relief by peti­ mine opacity of emissions and the means emissions of this magnitude is accom­ tioning the Administrator for reestab­ of determining opacity for plumes con­ modated by the tolerance allowed by es­ lishment of applicable opacity standards taining condensed water vapor. EPA be­ tablishment of the opacity standard at a in accordance with § 60.11 (e ). lieves that these questions have been ad­ level well above the equivalent mass Primary sources of emissions at asphalt equately answered in the response to re­ standard (Figure 1). The data in Table 1 concrete plants include the dryer, aggre­ mand in Portland Cement Association v. and Figure 1 show that facilities emitting gate elevators, hot aggregate screens, the Ruckelshaus. pollutants at levels in conformance with mixer, storage bins, and equipment for Some confusion also arose in regard the mass standard have been observed to handling the dust collected by baghouses. to observations of two EPA observers at have 0 to 6 percent opacity ; much less The emissions from each of these sources Facility A. Their observations during a than the opacity limitation (<20 per­ are ducted to a control device for remov­ shutdown period did not appear to agree cent) established by EPA. An additional ing the particulate matter prior to vent­ (one observer recorded 0-20 percent six percent opacity due to the maximum ing the gaseous effluent to the atmos­ opacity and the second recorded 25 per­ light obscuration effect of a typically phere, usually through a stack. In order cent opacity for what appears to be tide small particles at asphalt concrete plants to ensure that total particulate emissions same two minute period).® would not be sufficient (12 percent opac­ to the atmosphere are minimized con­ Upon further evaluation of these data, ity) to exceed the allowable limit. There­ sistent with “ * * * application of the it was determined that the time-keeping fore, variations in opacity attributable to best system of emission reduction * * * ” equipment of the two observers were not variations in mass mean particle diam­ as required under section 111 of the Clean synchronized and that the observations eter (or variations in particle shape Air Act, EPA believes that it is necessary recorded as occurring at the same mo­ which would affect mass mean diameter) to require that attention be given to effi­ ment were in fact approximately one to are not sufficiently large to result in vio­ ciently ducting emissions to the control two minutes apart.? EPA has reevalu­ lation of the opacity standard for as­ device; otherwise, particulate emissions ated these data and has determined phalt concrete plants in compliance with escaping the duct system would not be that the proper adjustments for this time the mass emission standard, even for collected. Emissions which escape the difference cannot be ascertained.30 How­ atypical situations. ducting system and directly enter the ever, emissions during a shutdown pe­ Variations in particle size and shape atmosphere without the benefit of any riod are known to be highly variable and alone do not adversely affect the ability particulate removal are commonly re­ generally not predictable for many fa­ of the plant to comply with the opacity ferred to as “fugitive emissions.” cilities, and at this specific facility one standard. Variations in stack sizes used Hence standards regulating fugitive observer who observed emissions every 15 by asphalt concrete plants were also in­ emissions are of primary importance in seconds in accordance with Method 9 did vestigated by EPA. Stack diameter affects providing effective control of emissions record variations of 0-20 percent opacity opacity directly because it governs the from an asphalt concrete plant. The mass during this two-minute period. The sec­ path length through which the light is standard applicable to a control device ond observer at the facility did not re- attenuated before it reaches the observer would be meaningless if significant , cord observations in accordance with viewing the plume. The larger the diam­ quantities of emissions were allowed to Method 9 (15 second intervals) but did eter of the stack, and therefore of the by-pass the particulate removal system. make a few observations at irregular plume, the more light will be attenuated The only effective method of regulating intervals. During the two-minute pe­ as it passes through the plume, and the fugitive emissions is by opacity stand­ riod in question, the second observer ap­ greater will be the opacity of the plume. ards since there is currently no feasible pears to have made one observation of Review of available test reports found way to measure mass emissions that are 25 percent opacity.10 Therefore, these that stack diameters on asphalt concrete not constrained within a specific area. observations are not necessarily contra­ plants ranged from 0.457 m (18 inches) EPA has investigated the efficiency of dictory since it is possible that the sec­ to 3.30 m (130 inches) diameter. Stack ducting systems at three asphalt concrete ond observer’s 25 percent observation diameters of 3.0 meters and greater had plants (Table 2). Fugitive emissions were was made concurrent with the first ob­ a 14 percent frequency of occurrence. observed at several points, (but not all server’s 20 percent observation, in which Transmissometer data for asphalt con­ points) in two of the plants visited and no case the observed opacities would be in crete plants show that when emissions visible fugitive emissions were observed at close agreement. However, the inaccu­ are controlled to 90 mg/dscm, the average any point in the third plant. The fugitive racies in recorded times preclude valid opacity of emissions in a 1.372 meter path emissions observed at Facility A and Fa­ comparisons of these data. length is six percent.® The average opac­ cility D (Table 2) were intermittent and Valid conclusions with regard to the ity of these emissions in a 3.3 meter di­ often occurred during periods of op­ accuracy of Method 9 can only be based ameter stack would be 14 percent. Based eration (start-up, shutdown, or mal­ upon data developed by a test program function) specifically excluded from con­ on these data it is concluded that the under controlled conditions where the opacity standard should not be changed. sideration by EPA regulations (38 FR circumstances of the tests are planned For these reasons we believe that par­ 28566). Each of these plants had sev­ or at least known. Such a program was ticle size, shape, and stack size consid­ eral items of equipment that had effec­ conducted by EPA and was extensively erations do not justify adjusting the tive fugitive emission controls (no visible discussed in the Portland remand opacity standard for asphalt concrete emissions) consistent with the degree of response. plants. The opacity standard should not control demonstrated by all equipment See footnotes at end of document.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17781

figuri t. fwict.lüil QptcltiHtiK igTattauM, roc mi forfait Caterer« e *r t.* 1974, designating for hearing on various A verage* Maxim um * issues including misrepresentation to the F a­ Fugitive emission opacity opacity cility source (24 obser­ (single Commission the application of Camellia vations) observations^ for construction permit for changes in the facilities of Station KTXL-TV (BPCT-4663, Docket No. 20125). 5S Percent Percent & A Burner end of dryer. . 2 1.25 10 2. In its Order designating the con­ % H ot aggregate screens. 10 20 struction permit application of Camellia 3. D Burner end of dryer__ : 0 0 for hearing, the Commission stated: g Hot aggregate screens. 0 0 Baghouse on dust silo. 10 10 I f proven, these allegations would cast H Burner end of dryer... 0 0 serious doubts upon Camellia’s qualifi­ 0 0 3 Hot aggregate screens. cations to continue to be a licensee of the Commission. Thus, on the basis of ' * Based on observations made according to method 9 the staff investigation, the Commission requirement of reading at 15-sec. intervals. A ll other is of the opinion that this application observations were deleted. must be designated for hearing, for rea­ sons set forth below. Furthermore, be­ T a b l e 1.—Opacity and mm» emissione for asphalt concrete plants cause it appears unlikely that we will be able to resolve these allegations before Effluent concentration 6-min average Maximum single we are"called to act upon Camellia’s next Stack diameter opacity (date of observation Faeiiity Control devioe at time of stack test observations) opacity (date of gr/dsef (d a t e o f test) license renewal application,1 that appli­ observations) cation will be consolidated with this ap­ plication by a subsequent order for con­ 0 (Sept. 7,1973) . 0 (Sept. 7, 1973). Baghouse___=_ 0.007 (N o v . 15 to 17, 0.74 b y 0.74 m (2 ft sideration in the hearing ordered herein. 1971). 5 in b y 2 ft 5 in): 1.17 m (3 ft 1 0 in )...-.. ff (Sept. 11,1973). 0 (Sept. I f , 1973). (Footnote omitted). T i ------— . — .do___ ..... 0.0178 (Oct. 29,1971)... 3. Accordingly, if is ordered, That 0 (Sept. 20,1973). 0 (Sept. 20,1973). TT - : ------Venturi scrub- 0.0315 (N o v . 4 to 5, 1.75 m (5 ft 9in) pursuant to Section 309(e) of the Com­ ber ( A P = 1971). 10 in). munications Act of 1934, as amended, Asphalt plant 1.372m (4ft 6 in )...— the above-captioned application of N o, 1. Camellia City Telecasters, Inc., for re­ newal of station license, is designated i Based on transmissometer data coneurreat with the reference method 5 period of particulate matter sampling. for hearing and consolidated with the The averaging period was approximately 1 hr. current hearing proceeding in Docket References FEDERAL COMMUNICATIONS No. 20125 upon the issues specified 1 Background Information for Proposed COMMISSION therein. \ . New Source Performance Standards: Asphalt [Docket No. 20376] 4. I t is farther ordered, That the Concrete Plants * * • Sewage Treatment Broadcast Bureau proceed with the ini­ Plants, Volume 3, Promulgated Standards, AMERICAN TELEPHONE AND TELEGRAPH tial presentation of evidence with re­ EPA—450/2—74-003 (APTD-1352C), February COw spect to Issues (1) and (3). Camellia City 1974. Telecasters, Inc., shall proceed with the »Reisman, E., Gerber, W. D., and N. D. Charges for Interstate Telephone Service; Potter. In-Stack Transmissometer Measure­ Correction initial presentation, of evidence with re­ spect to Issue (2). The burden of proof ment of Particulate Opacity and Mass Con­ The following erratum should be noted centration. EPA—650/2—74—120. November with respect to Issues (I ) through (6) in the Commission’s Order released 1974, p. 7 and pp. 34-43. is on Camellia City Telecasters, Inc. s Conner, W . D., and J. R. Hodkinson. Opti­ March 6, 1975, ECC 75-259, published at cal Properties and Visual Effects of Smoke- 40 PR 12844, establishing the above- Adopted: April 1, 1975. Stack Plumes. U.S. Department of Health, captioned docket: Released: April 15, 1975. Education and Welfare, Cincinnati, Ohio. Paragraph 31, lines 4-5, delete “of the FHS Publication No. 999-AP-30. 1967. release of this Order.” , and replace with F ederal C ommunications * Ensor, D. S., and M. J. Pilat. Calculation “ of the date of publication in the F ederal C o m m is s io n , of Smoke Plume Opacity from Particulate Air R e g ist e r ;” [ s e a l ! V in c e n t J. M u l l i n s , Pollutant Properties. JAPCA. 21(8):496-501. Secretary. 1971. ' [ s e a l ] W alter R. H in c h m a n , 5 Air Pollution Control Guidelines for Hot Chief, Common Carrier Bureau. [FR Doc.75-10460 Filed 4-21-75:8:45 am ] Mix Asphalt Plants. A study conducted by the American Air Filter Company, Inc. for [FR Doc.75-10459 Filed 4-21-75;8:45 sun] the Kentucky Asphalt Association. Undated. EMPIRE BROADCASTING CORP. ET AL. 8 Particulate Pollutant System Study, Vol­ Notice of Applications, Hearing, and ume II— Fine Particle Emissions. Midwest [Docket Nos. 20425 and 20429; File Nos. Research Institute. Contract No. CPA 22—69— BPCT— 4663 and 681; FCC 75-391} Apparent Liability 104. APTD-0744, August 1971. p. 96. CAMELLIA CITY TELECASTERS, INC. AND [Docket Nos. 20424 etc.; File Nos. 7 Meyer, J. S., Memorandum to Jack R. CAMELLIA CITY TELECASTERS, INC. BR-1017 etc.] Farmer, Subject: Projected Particle Size Dis­ tribution for Asphalt Concrete Plants, No­ Applications; Hearing In re applications of Empire Broad­ vember 13, 1974. casting Corporation (K X X L ), Bozeman, 8 Meyer, J. S., Memorandum to Jaek R. 1. .The Commission has here underMontana, Docket No. 20424,T ile No. BR - Farmer, Subject: Refractive Index of Partic­ consideration (a) the application 1017, for renewal of license; Empire ulate Matter from Asphalt Concrete Plants, (BRCT-681> of Camellia City Tele­ Broadcasting Corporation (KXXL), November 18, 1974. casters, Inc., (Camellia) for renewal of Bozeman, Montana, Docket No. 20425, ® Trenholm, A. R., Memorandum to James license of television broadcast Station C. Berry, Subject: Trip to Gather Visible File No. BL-13654, for a license to cover KTX L, channel 40, Sacramento, Cali­ changes. Cleo Barkley, et al. (Trans­ Emission Data on an Asphalt Batch Plant, fornia; (b) the results of a field of in­ September 27, 1973. ferors) and Gary Petersen, et al. (Trans­ 10 Meyer, J. S., Memorandum to Jack R. vestigation by the Commission’s staff ferees) , Docket No. 20426, File No. BTC- Farmer, Subject: Review of Fugitive Emis­ into allegations that Camellia sub­ 7549, for transfer of control of Empire sion Observations at Two Asphalt Concrete mitted a false document to the Com­ Broadcasting Corporation, Licensee of Plants, November 14, 1974. mission during the course of another Stations k x x i ,, Bozeman, KFLN, Baker, Dated: April 14,1975. proceeding and that Camellia’s president had in his possession and failed to dis­ and KWYS, West Yellowstone, Mon­ R oger S t r e l o w , close to the Commission information tana. Kaff Broadcasting Company (As­ Assistant Administrator contradicting the document alleged to signor) and Empire Broadcasting Cor­ for Air and Waste Management. ' be false; and (c) its Order (FCC 74- poration (Assignee), Docket No. 20427, [FR Doc.75-10267 Filed 4 - 2 1 - 7 5 .8 :45 am] 849, 48 FCC 2d 995), released August 16, File Nos. BAL-8318 and BALH-2084, for

FEDERAL REGISTER, VOL. 40, NO. »78— TUESDAY, APRIL 22, 1975 17782 NOTICES

assignment of license of Station KAFF Liability for forfeiture for. violations of ing Corporation and K AFF Broadcasting and KAFF-FM , Flagstaff, Arizona. the Commission’s Rules set out in the Company. 1. The Commission has before it for preceding paragraph. The Commission F ederal C ommunications consideration (a) the captioned appli­ has determined that, in every case des­ C o m m is s io n , cations and (b) its inquiries into the op- ignated for hearing involving revocation [ s e a l ] V in c e n t J. M u l l i n s , •eration by Empire Broadcasting Corpo­ or denial of renewal of license for alleged Secretary, ration (Empire) of Radio Station KXXL, violations which also come within the Bozeman, Montana. purview of Section 503(b) of the Act, it [P R Doc.76-10461 Piled 4-21-75;8:46 am] 2. Information before the Commission shall, as a matter of course, include this raises serious questions as to whether forfeiture notice so as to maintain the [PCC 75-252; Docket Nos. 20224, 20225; Pile the captioned applicant possesses the fullest possible flexibility of action. Since Nos. 7384-C2—P-72, 5053-C2-P-72 ] requisite qualifications to be or to remain the procedure is thus a routine or stand­ a licensee of the captioned stations. In HOUSTON MOBILFONE, INC. AND ard one, we stress that inclusion of this ELECTRODYNE, INC. view of these questions, the Commission Notice is not to be taken as in any way is unable to find that a grant of the re­ indicating what the initial or final dis­ Applications; Stay of Hearing newal application, the application for a position of the case should be; that In the matter of Houston Mobilfone, license to cover changes, the application judgment is, of course, to be made on the Inc., Willis, Texas, Docket No. 20224; for transfer of control, or the applica­ facts of each case. File No. 7334-C2-P-72, and Electrodyne, tions for assignment of license o f KAFF 6. It is further ordered, That the Chief Inc., Conroe, Texas, Docket No. 20225; and KAFF-FM to Empire would- serve of the Broadcast Bureau is directed to File No. 5053-C2-P-72, for construction the public interest, convenience and ne­ serve upon the captioned applicants permits to establish new facilities in the cessity, and must, therefore, designate within thirty (30) days of the release of Domestic Public Land Mobile Radio the applications for hearing. this Order, a Bill of Particulars with re­ Service (39 FR 41765). 3. Accordingly, it is ordered, That the spect to issue (a ). 1. Before the Commission for consid­ captioned applications for renewal, as­ 7. I t is further ordered, That the eration is a request for a stay filed on signment, and transfer are designated Broadcast Bureau proceed with the ini­ February 13, 1975,1 and a request for for hearing in a consolidated proceeding tial presentation of the evidence with urgent action filed on March 20, 1975 by pursuant to section 309(e) of the Com­ respect to issue (a ), and Empire, pur­ Houston Mobilfone, Inc. An opposition munications Act of 1934, as amended, suant to Section 309(e) of the Act, then .to the request for stay was filed on Feb­ and if is further ordered, That the appli­ proceed with its evidence and have the ruary 24,1975, by Electrodyne, Inc. cation for a license to cover changes au­ burden of establishing that it possesses 2. Houston Mobilfone requests that thorized by a construction permit (BP- the requisite qualifications to be and to the hearing in this proceeding, presently 19,475) is designated for hearing in the remain a licensee of Station KXX L, and scheduled to commence on April 22,1975, same consolidated proceeding pursuant that a grant of the foregoing applica­ and all procedural dates scheduled in to section 319(c) of the Communications tion, the application for transfer of con­ connection therewith,* be stayed pending Act, at a time and place specified in a trol of Empire, and the applications for the Commission’s disposition of a peti­ subsequent Order, upon the following assignment of license of K AFF and tion for reconsideration and other relief issues: KAFF-FM would serve the public inter­ filed by Houston Mobilfone on Decem­ (a) To determine whether, and, if so, est, convenience, and necessity. I t is fur­ ber 26, 1974. Oppositions to the petition the extent to which the applicant en­ ther ' ordered, That with respect to the for reconsideration were filed on De­ gaged in fraudulent billing practices or application for a license to cover changes cember 31, 1974, by Electrodyne, Inc., failed to exercise reasonable diligence to in the K X X L facilities authorized by a and on January 10, 1975, by the Chief see that its agents and/or employees did construction permit (BP-19,475), the of the Common Carrier Bureau. In ad­ not engage in fraudulent billing prac­ Broadcast Bureau, pursuant to Section dition, Electrodyne, Inc. filed a request tices in the operation of Station KXX L, 319(c) of the Act, shall have .the burden for a declaratory ruling on December 31, in violation of § 73.1205 of the Commis­ of proceeding with the presentation of 1974 and responsive pleadings have been sion’s rules; and the evidence, if any, and the burden of filed to this request. proving that there are causes or circum­ (b) To determine whether, in the light 3. The parties have raised a number of evidence adduced under the foregoing stances, if any, arising or first coming of issues in their several pleadings which issue, Empire possesses the requisite qual­ to the knowledge of the Commission we believe should be considered and re­ since the granting of the construction ifications to be, or to remain a licensee solved before the commencement of the of the Commission, to hold a license to permit, which would in the judgment hearing in this proceeding and addi­ cover changes in the K X X L technical fa ­ of the Commission make the operation tional time is needed by the Commis­ cilities, to be granted the application for of such station against the public sion to review the pleadings filed. A stay transfer of control of Empire, to be interest. of the hearing will therefore be directed granted assignment of the licenses of 8. I t is further ordered, That to avail pending further order of the Commis­ K AFF and KAFF-FM , Flagstaff, Arizona, itself of the opportunity to be heard, sion. Our action in staying the hearing, and whether a grant of any of the cap­ the applicant, pursuant to Sectioti 1.221 however, should not be construed as tioned applications would serve the pub­ (c) of the Commission’s Rules, in person any indication of our ultimate dis­ lic interest, convenience and necessity. or by attorney, shall, within twenty (20) position of the requests now under 4. I t is further ordered, That if it is days of the mailing of this Order, file consideration. determined that the hearing repord does with the Commission, in triplicate, a 4. Accordingly, it is ordered, That the not warrant an order denying the cap­ written appearance stating an intention tioned application for renewal, it shall to appear on the date fixed for the hear­ hearing in this proceeding and all pro­ also be determined whether the appli­ ing and present evidence on the issues cedural dates established in connection cant has willfully violated Section 73.- specified in this Order. therewith are stayed pending further 1205 of the Commission’s Rules,1 and, if 9. It is further ordered, That the ap­ order of the Commission. so, whether an Order of Forfeiture pur­ plicant herein, pursuant to section 311 Adopted: March 25,1975. suant to Section 503(b) of the Communi­ (a) (2) of the Communications Act of cations Act of 1934, as amended, in the 1934, as amended, and § 1.594 of the Released: April, 1975. amount of $10,000 or some lesser amount Commission’s rules, shall give notice of should be issued for violations which oc­ F ederal C ommunications the hearing within the time and in the C o m m is s io n ,3 curred within one year preceding the is­ manner prescribed in such rule and shall suance of the Bill of Particulars in this advise the Commission thereof as re­ [ s e a l ] V in c e n t J. M u l l i n s , matter. quired by § 1.594(g) of the rules. Secretary, 5. I t is further ordered, That this doc­ 10. It is further ordered, That the Sec­ [FR Doc.75-10462 Filed 4-21-75;8:45 am ] ument constitutes a Notice of Apparent retary of the Commission send a copy »See BiU of Particulars for specific dates of this Order by Certified Mail—Return » An Errata was filed on March 19,1976. and details of each alleged violation. Receipt Requested to Empire Broadcast­ s Commissioner Hooks absent.

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 NOTICES 17783

FEDERAL ENERGY 4. Analysis

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17784 NOTICES that it is requesting this relief with the therein must file a petition to intervene Docket ... Date filed . Applicant understanding that it will not alter the ¡in accordance with the Commission’s No. priority 4 curtailment status of each rules. power plant. K e n n e t h F . P l u m b , CS69-46____1 Jan. 24,1975 Texas Crude Oil Co., 2220 Petitioner relates the following facts: Secretary. Houston Natural Gas (1) Petitioner has two generating Bldg., 1200 Travis, Hous­ [PRDoc.75-10399 Filed 4-21-75;8:45 am ] ton, Tex. 77002. plants, as hereinbefore described. CS72-544... >Mar. 20,1975 General Crude Oil Co., (2) Both plants are served by Arkla P.O. Box 2252, Houston, through one pipeline, which goes to the [Docket No. CS69-46, et al.] T ex. 77001. CS75-376___Mar. 20,1975 W. R. W. Enterprises, 562 edge of the city and at this point is di­ TEXAS CRUDE OIL CO., ET AL South Post Rd., India­ vided and goes to each plant. napolis, Tnd. 46239. Applications for “ Small Producer” CS75-377.-...... do...^.._. Michael T. Gottlieb, 280 (3) Each plant has a priority rating: of Sierra Dr., Hillsborough, 4 pursuant to § 2.78 of the Commission’s Certificates1 Calif. 94010. CS76-378— _____do______Paul M. Candelaria, 103 general policy and interpretations (18 A p r il 15,1975. West 31st St., Farming- CFR 2.78). Take notice that each of the Applicants ton, N . Mex. 87401. (4) The priority, status of the plants CS75-379... Mar. 21,1975 Benson-Montin-Greer Drill­ listed herein has filed an application pur­ ing Corp., 221 Petroleum allows 3,000 M cf per day of gas to each suant to section 7(c) of the Natural Gas Center BJdg., Farming- plant. ton. N . Mex. 87401. Act and § 157.40 of the regulations there­ CS76-380— Mar. 13,1975 Bobcat OO Co., 450 Denver (5) Plant No. 1 is quite old with low under for a “small producer” certificate Club Bldg., Denver, Colo. 80202. efficiency producing approximately 172,- of public convenience and necessity au­ 000 kw of electricity from the-3,000 Mcf CS75-381... Mar. 24,1975 EMC Energies, Inc., 835 thorizing the sale for resale and delivery First National Bank allocated to it. of natural gas in interstate commerce, Bldg., Casper, Wyo. 82601, (6) With the same amount of gas at OS76-882— Mar. 27,1975 Dunoan Miller, P.O . Box all as more fully set forth in the appli­ 728, Boulder City, Nev. Plant No. 2 approximately 296,000 kw of cations which are on file with the Com­ 89005. electric power can be produced. CS75-384... Mar. 28,1975 Louisiana Crude Oil & Gas mission and open to public inspection. Co,, Inc., 922 Richards (7) I f Arkla were ordered to transfer Any person desiring to be heard or to Bldg., N e w Orleans, La. deliveries of gas to Plant No. 2 from 70112. make any protest with reference to said C875-386... Mar. 31,1975 William C. Wood, Rural Plant No. 1, Petitioner could realize a applications should on or before May 9, Delivery No. 1, savings of approximately 1,000 M cf of 1975, file with the Federal Power Cofti- Kittanning, Pa. 16201. gas per day . CS75-386...... do___ .... William G. McCoy, P.O. . mission, Washington, D.C. 20426, peti­ Box 1352, Roswell, N. Petitioner states that at no time would tions to intervene or protests in accord­ Mex. 88201. the gas consumption exceed the allotted CS75-387— -----do...... Donald R . Candelaria, 517 ance with the requirements of the Com­ East Zia, Aztec, N. Mex. amount to both plants, with Petitioner mission's rules of practice and procedure 87410. having the option to use the gas in the CS75-388...... do _ _ _ Great Plains Corp., P.O . (18 CFR 1.8 or 1.10). All protests filed Box 665, Emporia, Kans. most efficient way. Petitioner further with the Commission will be considered 66801. states that Arkla has been contacted sev­ by it in determining the appropriate ac­ eral times and will not authorize the tion to be taken but will not serve to 1 Petition to amend to include Applicant’s transfer of gas. make the protestants parties to the pro­ participants and co-owners under Applicant’s Petitioner asserts that the citizens of small producer certificate. ceeding. Persons wishing to become par­ * The application states that on Peb. 11, 1975, Winfield are aware of the energy con­ ties to a proceeding or to participate as General Crude Oil Co., the predecessor in inter­ servation programs and that the City’s est to Applicant, was merged by IP Petroleum, a party in any hearing therein must file Inc., a wholly owned subsidiary of International electric demands have decreased in the petitions to intervene in accordance with Paper Co., and IP Petroleum, Inc., as the sur­ past year. the Commission’s rules. viving corporation in the merger, changed its Petitioner states that it has an elec­ name to General Crude Oil Co. (Applicant Take further notice that, pursuant to herein). As a result of the merger, Applicant tric interconnection with Kansas Gas the authority contained in and subject to states, it has succeeded to all of the rights, and Electric Company and whenever pos­ privileges and interests in and to all of the the jurisdiction conferred upon the Fed­ properties and other interests of the former sible purchases coal fired electric gen­ eral Power Commission by sections 7 and General Crude Oil Co. eration from Kansas Gas and Electric 15 of the Natural Gas Act and the Com­ [P R Doc.75-10364 Filed 4-21-75;8:45 am ] Company for the purpose of further con­ mission’s rules of practice and procedure, serving natural gas. Petitioner alleges a hearing will be held without further that the transfer of gas would help its notice before the Commission on all ap­ [Docket Nos. E-8855 and E-9037] conservation program. plications in which no petition to inter­ BOSTON EDISON CO. It appears reasonable and consistent vene is filed within the time required Postponement of Hearing with the public interest in this case to herein if the Commission on its own re­ prescribe a period shorter than 15 days view of the matter believes that a grant A p r il 15,1975. for the filing of protests and petitions to of the certificates is required by the pub­ intervene. Therefore, any person desir­ On April 14, 1975, Staff Counsel filed a lic convenience and necessity. Where a motion to extend the hearing date fixed ing to be heard or to make any protest petition for leave to intervene is timely with reference to said petition should filed, or where the Commission on its by order issued July 12, 1974, as most on or before April 28, 1975, file with the own motion believes that a formal hear­ recently modified by notice issued April Federal Power Commission, Washington, ing is required, further notice of such 2, 1975, in the above designated matter. D.C. 20426, a petition to intervene or a hearing will be duly given. The motion states that the parties have protest in accordance with the require­ Under the procedure herein provided ments of the Commission’s rules of prac­ for, unless otherwise advised, it will be been notified and have no objection. tice and procedure (18 CFR 1.8 or 1.10). unnecessary for Applicants to appear or Upon consideration, notice is hereby All protests filed with the Commission be represented at the hearing. given that the hearing date in the above will be considered by it in determining K e n n e t h F. P l u m b , matter is postponed until April 24, 1975; the appropriate action to be taken but Secretary. w ill‘not serve to make the protestants at 10 ajn „ e.d.t. parties to the proceeding. Any person K e n n e t h F . P l u m b , 1 This notice does not provide for consolida­ Secretary. wishing to become a party to a proceeding tion for hearing of the several matters cov­ or to participate as a party in any hearing ered herein. [P R Doc.75-10401 file d 4-21-75; 8:45 am]

FEDERAL REGISTER, V O L 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17785

{Docket No. CP74-62] Applicant indicates that it received tem­ 1st Revised Sheet No. 91, cancelling Orig­ porary authority to make this exchange inal Sheet No. 91 COLORADO INTERSTATE GAS CO, 2nd Revised Sheet No. 110, superseding 1st and to operate the meter station on Revised Sheet No. 110 Proposed Changes in FPC Gas Tariff July 10,1974. 2nd Revised Sheet No. 112, superseding 1st A p r il 16,1975. By this filing Applicant requests ad­ Revised Sheét No. 112 ditional authorization to expand the Take notice that Colorado Interstate 2nd Revised Sheet No. 110, superseding 1st Spearhead Ranch meter station in order Revised Sheet No. 113 Gas Company, a division of Colorado to measure at this facility additional 2nd Revised Sheet No. 114, cancelling 1st Interstate Corporation (C IG ), on March volumes of natural gas Applicant now Revised Sheet No. 114 31, 1975, tendered for filing proposed expects to receive. 2nd Revised Sheet No. 115, cancelling 1st changes in its FPC Gas Tariff, Second Applicant states that the measure­ Revised Sheet No. 115 Revised Volume No. 2. CIG states that 1st Revised Sheet No. 117, superseding Orig­ ment capacity of the Spearhead meter inal Sheet No. 117 the purpose of this filing is to make cer­ station was designed for an initial tain revisions to Initial Rate Schedule 1st Revised Sheet No. 118, superseding Orig­ average daily production from the inal Sheet No. 118 X-43 consisting of Original Sheet Nos. Spearhead Ranch area of approximately 1st Revised Sheet No. 119, superseding Orig­ 262A and 262B. The purpose of these 8,000 Mcf of gas per day with the capa­ inal Sheet No. 119 revisions is to expand the “ dedicated bility to measure a maximum of 16,000 11th Revised Sheet No. 199, superseding 10th area” . There is no rate or charge asso­ Mcf of gas per day. The application Revised Sheet No. 199 ciated with the proposed revisions. states that even though Applicant had The filing consists of a revised Electric Copies of the filing were served upon anticipated additional production from . Service Contract between the Village of all parties involved in the exchange. this area in the near future as a result Winnetka, Illinois and the Company, Any person desiring to be heard or to of Mountain Fuel’s exploration plans, and a revision of the part of Rate 78 of protest said filing should file a petition the design volume is below what Appli­ the Company’s FPC Electric Tariff deal­ to intervene or protest with the Federal cant now expects to receive for measure­ ing with service to partial requirements Power Commission, 825 North Capitol ment at this location. Applicant states customers. Third Revised Sheet No. 1A Street, N.E., Washington, D.C. 20426, in the proposed expansion of its meter and 2nd Revised Sheet No. IB include accordance with § § 1.8 and 1.10 of the station is required to measure the ad­ the proposed revisions in Rate 78. Second Commission’s rules of practice and pro­ ditional volumes of gas it has been able Revised Sheets Nos. 110, 112, 113, 114, cedure (18 CFR 1.8, 1.10). All such peti­ to contract for in the Bear Creek Field and 115, and 1st Revised Sheet Nos. 117, tions or protests should be filed on or which were not anticipated in the origi­ 118, and 119 constitute the electric serv­ before May 2, 1975. Protests will be con­ nal design of the Spearhead Ranch ice .contract. Also included in the filing is sidered by the Commission in determin­ meter station.3 a cancellation of a letter agreement be­ ing the appropriate action to be taken Any person desiring to be heard or to tween the Company and the City of Rock but will not serve to make protestants make any protest with reference to said Falls. ' parties to the proceeding. Any person amendment should on or before May 1, ComEd states that no change in the wishing to become a party must file a 1975, file with the Federal Power Com­ charges of Rate 78 are included. ComEd petition to intervene. Copies of this filing mission, Washington, D.C. 20426, a peti­ further states that because of the stand­ are on file with the Commission and are tion to intervene or a protest in accord­ by characteristic of a portion of the available for public inspection. ance with the requirements of the Com­ electric supply to the Village of W in­ K e n n e t h F. P l u m b , mission’s rules of practice and procedure netka, it is not possible to forecase the Secretary. (18 CFR 1.8 or 1.10) and the regulations total annual revenue to be received by under the Natural Gas Act ( 18 CFR [FR Doc.75-10402 Piled 4r-21-75;8:45 am] ComEd. ComEd does estimate revenue to 157:19). All protests filed with the Com­ be derivèd from the firm component of mission will be considered by it in deter­ the supply to be about $985,000. {Docket No. CP74-62] mining the appropriate action to be ConEd requests an effective date of COLORADO INTERSTATE GAS. CO. taken but will not serve to make the pro­ June 1, 1975 and state that copies of its testants parties to the proceeding. Any Amendment to Application filing has been served on the City of person wishing to become a party to a Rockelle and the Village of Winnetka. A p r il 14, 1975. proceeding or to participate as a party Any person desiring to be heard or to Take notice that on March 31, 1975, in any hearing therein must file a peti­ protest said application should file a peti­ Colorado Interstate Gas Company, a tion to intervene in accordance with the tion to intervene or protest with the Fed­ division of Colorado, Interstate Corpora­ Commission’s rules. Persons who have eral Power Commission, 825 North Cap­ tion (Applicant), P.O. Box 1087, Colo­ heretofore filed protests, petitions to in­ itol Street, NÉ., Washington, D.C. 20426, rado Springs, Colorado 80944, filed tervene, or notices of intervention need in accordance with § § 1.8 and 1.10 of the in Docket No. CP74-62 an amendment to not file again. Commission’s rules of practice and pro­ its application pending in said docket cedure. All such petitions or protests for a certificate of public convenience K e n n e t h F. P l u m b , should be filed on or before April 30,1975. and necessity pursuant to Section 7(c) Secretary. Protests will be considered by the Com­ of the Natural Gas Act by requesting au­ [FR Doc.75-10403 Filed 4-21-75;8:45 am] mission in determining the appropriate thorization to expand the capacity of its action to be taken, but will not serve Spearhead Ranch meter station, all as to make protestants parties to the pro­ [Docket No. E-9367] more fully set forth in the amendment ceeding. Any person wishing to become which is on file with the Commission COMMONWEALTH EDISON CO. a party must file a petition to intervene. and open to public inspection. Filing of Tariff Changes Copies of this application are on file with Applicant states that on September 4, the Commission and are available for 1973, it filed an application in the in­ A p r il 16, 1975. stant docket requesting authority to op­ Take notice that on April 8, 1975, public inspection. erate its Spearhead Ranch meter sta­ Commonwealth Edison Company (Com- K e n n e t h F. P l u m b , tion and certain existing transmission Ed) tendered for filing proposed charges Secretary. facilities necessary to effectuate a gas in the following tariff sheets: [F R Doc.75-10404 Filed 4r-21-75;8:45 am] exchange arrangement with Mountain Fuel Supply Company (Mountain Fuel) ,l 3rd Revised .Sheet No. 1A, superseding 2nd Revised Sheet No. 1A [Docket No. CP7Q-196] 1 Applicant states that it originally con­ 2nd Revised Sheet No. IB, superseding 1st structed the meter station allegedly pur­ Revised Sheet No. IB. DISTRIGAS CORP. suant to certain emergency provisions of the Natural Gas Act in order to measure Extension of Time volumes of natural gas it expected to receive a Applicant states it has filed an applica­ A p r il 15,1975, from acreage controlled by Mountain Fuel tion on February 20, 1975, in Docket No. in the Spearhead Ranch area of eastern CP75-240 for authorization to sell and ex­ On April 8,1975, Distrigas Corporation Wyoming. change natural gas from the Bear Creek area. filed a motion to'extend the time for fil-

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17786 NOTICES

ing evidence fixed by order issued Feb­ are on file, with the Commission and are mission, Washington, D.C. 20426, a peti­ ruary 28, 1975, in the above-designated available for public inspection. tion to intervene or a protest in accord­ matter. ance with the requirements of the Com­ Upon consideration, rotice is hereby K e n n e t h F. P l u m b , Secretary. mission’s rules of practice and procedure given that the date for filing updated (18 CFR 1.8 or 1.10). All protests filed evidence as required by the above order [P R Doc.75-10406 Piled 4-21-75;8:45 am] with the Commission will be considered is extended to and including May 14, by it in determining the appropriate ac­ 1975. AH other procedural dates shall be [Docket No. CI75-585] tion to be taken but will not serve to fixed by the Presiding Administrative make the protestants parties to the pro­ Law Judge. GAS PRODUCING ENTERPRISES, INC. ceeding. Any person wishing to become a By direction of the Commission. Application party to a proceeding or to participate as a party in any hearing therein must file A p r il 16, 1975. K e n n e t h F. P l u m b , a petition to intervene in accordance Secretary. Take notice that on April 2, 1975, Gas with the Commission’s rules. I PR Doc.75—10405 Piled 4-21-75; 8:45 am ] Producing Enterprises, Inc. (Applicant), Take further notice that, pursuant to Five Greenway Plaza East, Houston, the authority contained in and subject to Texas 77046, filed in Docket No. CI75- the jurisdiction conferred upon the Fed­ [Docket Nos. RP69-6, et al.] 585 an application pursuant to section eral Power Commission by sections 7 and EL PASO NATURAL GAS GO. 7(c) of the Natural Gas Act for a cer­ 15 of the Natural Gas Act and the Com­ tificate of public convenience and neces­ Payment of Refunds mission’s rules of practice and procedure, sity authorizing the sale for resale of nat­ a hearing will be held without further A p r il 16, 1975. ural gas in interstate commerce to Colo­ notice before the Commission on this ap­ Take notice that by letter dated rado Interstate Gas Company, a division plication if no petition to intervene is March 17, 1975, El Paso Natural Gas of Colorado Interstate Corporation filed within the time required-herein, if Company ("E l Paso” ) tendered for fil­ (C IG ), from the Natural Buttes Unit, the Commission on its own review of the ing a Report of Refunds Made on March Uintah County, Utah, all as more fully matter finds that a grant of the certifi­ 3, 1975, to its Southern Division System set forth in the application, which is on cate is required by the public convenience jurisdictional and non-jurisdictional file with the Commission and open to and necessity. I f a petition for leave to keyed customers. El Paso states that such public inspection. intervene is timely filed, or if the Com­ refunds were made in compliance with Applicant states that it has been selling mission on its own motion believes that the Commission’s letter order issued gas from the Natural Buttes Unit in in­ a formal hearing is required, further February 3, 1975, in the captioned dock­ trastate commerce to Mountain Fuel notice of such hearing will be duly given. ets and in accordance with the Stipula­ Supply Company (Mountain Fuel) and Under the procedure herein provided tion and Agreement dated as Of May 31, that the applicable gas sales contract for, unless otherwise advised, it will be 1973, approved by Commission order is­ covering this sale permits the withdraw­ unnecessary for Applicant to appear or sued February 14, 1974, at Docket Nos. ing of undeveloped acreage on January be represented at the hearing. RP69-6, et al. 1, 1975. Based on this right and other considerations, Applicant states, Appli­ K e n n e t h F. P l u m b , El Paso further states that the re­ cant, Mountain Fuel and CIG have en­ Secretary. funds made, aggregating $61,737,711.98, tered into a joint agreement 'under which [ER Doc.75-10407 Piled 4-21-75;8:45 am] encompass $50,523,679.23 principal re­ CIG will purchase all of the gas from funds, plus interest thereon of $11,214,- Applicant at the wellhead, CIG will 032.75, computed through March 3, 1975, gather the gas and deliver it to Mountain [Project No. 2467] at the interest rates specified by the Fuel, who will transport the gas and de­ PACIFIC GAS AND ELECTRIC CO, Commission in each of the docketed pro­ liver all or a portion of the gas to CIG ceedings, in conformity with the Stipu­ Application for Approval of Revised at an agreeable point on CIG’s trans­ Exhibits K and R lation and Agreement dated May 31, mission system in Wyoming. 1973, at Docket Nos. RP69-6, et al. The gas sales agreement between Ap­ A p r il 16, 1975. El Paso states that copies of the filing plicant and CIG provides for the sale of Public notice is hereby given that ap­ were served on all of El Paso’s affected gas from existing wells at two different plication was filed on December 14,1970, Southern Division System customers and rates in accordance with two lists of wells superseded on April 3, 1972, and supple­ aH parties of record to the proceedings that were previously contracted to Moun­ mented on February 20 and March 28, at Docket Nos. RP69-6, RP69-20, RP70- tain Fuel. The price from initial delivery 1975, under the Federal Power Act (16 11, RP71-13, RP72-150, and RP72-155 until January 1, 1976, in 19.0122 cents U.S.C. 791a-825r) by Pacific Gas and and interested state regulatory 'Commis­ per Mcf for one list of wells and 32.9076 Electric Company, Applicant (corre­ sions. cents per Mcf for the other list of wells. spondence to: Mr. W. M. Gallavan, Vice Any person desiring to be heard or to The price for each group of wells esca­ President, Rates and Valuation, Pacific make any protest with reference to this lates 0.9750 cent per Mcf on January 1 of Gas and Electric Company, 77 Beale filing should, on or before April 23, 1975, each year until December 31,1981. Begin­ Street, San Francisco, California 94106), file with the Federal Power Commission, ning January 1, 1982, according to Ap­ for Commission approval of Exhibits K Washington, D.C. 20426, a petition to in­ plicant, the gas produced by both sets and R for the constructed Merced FaUs tervene or a protest in accordance with of wells is priced in accordance with the Project No. 2467 on the Merced River in the requirements of the Commission’s contract provisions for pricing new gas. Merced and Mariposa Counties, Cali­ rules of practice and procedure (18 CFR The gas purchase agreement further fornia. 1.8 of 1.10) and the Regulations Under provides that the price to be paid for Applicant’s revised Exhibit R, filed the Natural Gas Act (18 CFR 157.10). new gas from the subject acreage shall pursuant to Article 39 of the license for All protests filed with the Commission be the nationwide rate prescribed by § 2.- Merced Falls Project, consists of two wiU be considered by the Commission in 56a of the Commission’s General Policy drawings and a recreational use plan. determining the appropriate action to and Interpretations (18 CFR 2.56a). Ap­ Exhibit R designates .52 acre of project be taken but wiU not serve to make the plicant estimates sales volumes under the land, affording approximately 100 feet protestants parties to the proceeding. requested authorization at 167,500 Mcf of reservoir shoreline, as suitable for rec­ Any person wishing to become a party to per month. reational use. This area, referred to as a proceeding or to participate as a party Any person desiring to be heard or to the “Rivers Edge” site, provides fishing in any hearing therein must file a peti­ make any protest with reference to said access for day use and is inside the pro­ tion to intervene in accordance with the application should on or before May 6, tective boom guarding the dam spiUway Commission’s rules. Copies of this filing 1975, file with the Federal Power Com­ and intake. Applicant proposes to develop

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTIGES 17787 the site by the addition of a parking cant will pay Panhandle’s average gas issuance of this- order. Southern shall area, sanitary facilities, drinking water, purchase cost for shrinkage attributable file the recomputation of its base cost and landscaping. to raw gas volumes delivered by Pan­ of purchased gas and appropriate revi­ The revised Exhibit K, filed pursuant handle to Applicant at the Weld County, sions to its tariff sheet consistent with to Article 2 of the proposed license, is Colorado, delivery points. its revised base cost of purchased gas.” a drawing showing a decrease in the proj­ Any person desiring to be heard or to Southern’s instant filing complies with ect area. A portion of submerged acre­ make any protest with reference to said the Commission’s aforementioned order, age was given up due to the construction application should on or before May 6, according to Southern, and results in a of the McSwain Development of Project 1975, file with the Federal Power Com­ .6130 per Mcf decrease in Southern’s 2179 approximately one mile upstream mission, Washington, D.C. 20426, a pe­ commodity and one-part rates to be ef­ from Merced Falls dam. tition to intervene or a protest in accord­ fective March 1, 1975, of which .1940 per Any person desiring to be heard or to ance with the requirements of the Com­ Mcf is attributable to the Current Adjust­ make protest with reference to said ap­ mission’s rules of practice and procedure ment and .4370 per Mcf is attributable plication should on or before May 27, (18 CFR 1.8 or 1.10). All protests filed to the Surcharge Adjustment. 1975, file with the Federal Power Com­ with the Commission will be considered Consistent with the intent of the Com­ mission, Washington, D.C. 20426, peti­ by it in determining the appropriate ac­ mission’s order, Southern is incorporat­ tions to intervene or protests in accord­ tion to be taken but will not serve to make ing changes in its PGA clause to in­ ance with the requirements of the Com­ the protestants parties to the proceeding. clude company-owned production quali­ mission’s rules of practice and procedure Any person wishing to become a party to fying for the national rate pursuant to (18 CFR 1.8 or 1.10). All protests filed a proceeding or to participate as a party the Commission’s orders in Docket No. with the Commission will be considered in any hearing therein must file a peti­ R-389-B. by it iii determining the appropriate ac­ tion to intervene in accordance with the Copies of the filing are being served tion to be taken but will not serve to make Commission’s rules. upon the company’s jurisdictional cus­ the protestants parties to a proceeding. Take further notice that, pursuant to tomers and interested state commissions. Persons wishing to become parties to a the authority contained in and subject to Any person desiring to be heard or to proceeding or to participate as a party the jurisdiction conferred upon the Fed­ protest said filing should file a petition in any hearing therein must file petitions eral Power Commission by sections 7 and to intervene or protest with the Federal to intervene in accordance with the Com­ 15 of the Natural Gas Act and the Com­ Power Commission, 825 North Capitol mission’s rules. The application is on mission’s rules of practice and procedure, Street, NE., Washington, D.C. 20426, in file with the Commission and available a hearing will be held without further accordance with § § 1.8 and 1.10 of the for public inspection. notice before the Commission on this Commission’s rules of practice and pro­ application if no petition to intervene is cedure (18 CFR 1.8, 1.10). All such peti­ K e n n e t h F. P l u m b , tions or protests should be filed on or be­ Secretary. filed within the time required herein, if the Commission on its own review of the fore May 2, 1975. Protests will be con­ [FR Doc.75-10408 Filed 4-21-75; 8:45 am] matter finds that a grant of the certifi­ sidered by the Commission in determin­ cate is required by the public convenience ing the appropriate action to be taken, but will not serve to make protestants [Docket No. CI75-584] and necessity. If a petition for leave to intervene *is timely .filed, or if the Com- parties to the proceeding. Any person PHILLIPS PETROLEUM CO. - mission on its own motion believes that wishing to become a party must file a Application a formal hearing is required, further no­ petition to intervene. Copies of this filing tice of such hearing will be duly given. are on file with the Commission and are A p r il 16,1975. Under the procedure herein provided available for public inspection. Take notice that on April 2,1975* Phil­ for, unless otherwise advised, it will be K e n n e t h F. P l u m b , lips Petroleum Company (Applicant), unnecessary for Applicant to appear or be Secretary. Bartlesville, Oklahoma 74004, filed in represented at the hearing. Docket No. CI75-584 an application for a [FR Doc.75-10410 Filed 4-21-75;8:45 am ] certificate of public convenience and K e n n e t h F. P l u m b , Secretary. necessity pursuant to Section 7(c) of the Natural Gas Act authorizing Applicant [FR Doo.75-10409 Filed 4-21-75;8:45 am] TEXAS EASTERN TRANSMISSION CORP. to exchange nátural gas with Panhandle [Docket Nos. RP74-41, PGA 75-7] . Eastern Pipe Une Company (Panhandle) [Docket Nos. RP73-64, PGA75-3A] Proposed Changes in FPC Gas Tariff in Colorado and Texas, all as more fully set forth in the application, which is on SOUTHERN NATURAL GAS CO. A p r il 14, 1975. file with the Commission and open to Proposed Changes in FPC Gas Tariff Take notice that Texas Eastern public inspection. Transmission Corporation (Texas East­ The application státes that Applicant A p r il 16, 1975. ern) on March 31, 1875 tendered for and Panhandle have entered into a gas Take notice that Southern Natural Gas filing proposed changes in its FPC Gas exchange agreement dated November 5, Company (Southern) on April 11, 1975, Tariff, Fourth Revised Volume No. 1, the 1974, pursuant to which Panhandle will tendered for filing proposed changes in following sheets: deliver raw gas to Applicant at its Weld its FPC Gas Tariff, Sixth Revised Vol­ Tenth Revised Sheet No. 14, Plant and at the wellhead of certain wells ume No. 1, to be effective March 1, 1975. Tenth Revised Sheet No. 14A in Weld County, Colorado, and Applicant Southern states that such filing is pur­ Tenth Revised Sheet No. 14B will redeliver thermally equivalent vol­ suant to and in compliance with Order­ Tenth Revised Sheet No. 14C umes to Panhandle on Panhandle’s pipe­ ing Paragraph (A ) of the Commission’s Tenth Revised Sheet No. 14D line in Moore and Hemphill Counties, order of March 31,1975 accepting in part Texas Eastern states that these sheets Texas. Southern’s proposed Purchased Gas Ad­ are issued pursuant to the purchased gas Applicant further states that Appli­ justment (PGA) increase previously filed cost adjustment provision contained in cant and Panhandle will establish a gas on February 21,1975. section 23 of the General Terms and exchange account consisting of a tabu­ The Commission’s order of March 31, Conditions of Texas Eastern’s FPC Gas. lation of the thermally equivalent vol­ 197,5 permitted the PGA increase filed Tariff, Fourth Revised Volume No. 1 and umes delivered, and that any imbalance February 21, 1975 to become effective that the change in Texas Eastern rates in the account during any month will, March 1, 1975 “subject to the condition insofar as feasible, be balanced during that Southern redistribute the produc­ proposed , by this filing reflects a change the next succeeding month. tion costs associated with the qualified in the cost of gas purchased from one of According to the application, ]?an- production to the base cost of purchased Texas Eastern’s pipeline suppliers, handle will pay Applicant 8V2 cents per gas for the purposes of its purchased gas United Gas Pipe Line Company. The M cf for gathering and compressing low cost adjustment.” The Commission fur­ proposed effective date of the above pressure casinghead volumes and Appli­ ther stated that “witbin 15 days of the tariff sheets is May 20,1975.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17788 NOTICES

Any person desiring to be heard or to Background. The Office of Manage­ emment appeal, is needed to implement protest said filing should file a petition ment and Budget (OM B), in memoran­ Recommendation G-7. to intervene or protest with the Federal da to Heads of Executive Departments The task group unanimously advo­ Power Commission, 835 North Capitol & Agencies, dated December 7,1972, and cated acceptance of Recommendation Street, NE., Washington, D.C. 20426, in March 14. 1973, established and outlined G-8. They proposed legislation amend­ accordance with §§ 1.8, 1.10 of the Com­ plans for the coordination of executive ing the U.S. Code to reduce the time in mission’s rules of practice and procedure branch efforts in response to the Com­ which a decision of administrative boards (18 CFR 1.8, 1.10). AH such petitions or mission on Government Procurement could be appealed. Currently the statutes protests should be filed on or before (COGP) Report. Interagency task permit appeals within six years; the task May 9, 1975. Protests will be considered groups made up of assigned lead and group proposed reduction to ninety-days. by the Commission in determining the participating agencies were formed to A shortened appeal period would (1) appropriate action to be taken, but will examine and recommend executive eliminate long-term storage of records: not serve to make protestants parties to branch positions on each of the 149 (2 ) preserve witnesses’ recollections; and the proceeding. Any person wishing to COGP recommendations. Direction of (3) provide a speedy adjudication for all become a party must file a petition to executive branch efforts on COGP mat­ parties concerned. intervene. Copies of this filing are on ters is a function delegated to the Gen­ Solicitation of Official Agency Views. file with the Commission and are avail­ eral Services Administration by Execu­ The task group reports for these and able for public inspection. tive Order 11717 on May 9, 1973. other recommendations in the G -l to K e n n e t h F. P l u m b , The subject COGP Recommendations G-12 series were distributed to obtain Secretary. read as follows: official views of executive branch de­ [P R Doc.75-10411 Piled 4-21-75;B:45 am] G—3: Retain multiple agency boards; es­ partments and agencies. A total of nine­ tablish. minimum standards for personnel teen (19) agencies responded to the solic­ and caseload; and grant the boards sub- itation. An overwhelming majority of GENERAL SERVICES poena and discovery powers. agencies concurred in the task group ADMINISTRATION 0-7: Grant both the Government and position to adopt G-3 and G-7. Agencies contractors judicial review of adverse COMMISSION ON GOVERNMENT agency boards of contract appeals decisions. unanimously favored adoption of G -8. PROCUREMENT; RECOMMENDATION 0-8: Establish uniform and relatively Publication of this notice is to invite short time periods within which parties may private sector comments and does not Executive Branch Position seek judicial review of adverse decisions of imply executive branch acceptance of Notice is hereby given of the executive . administrative forums. the proposed positions. Responses re­ branch position with respect to Commis­ Task Group Proposal for an Executive ceived from interested parties regarding sion on Government Procurement Rec­ . Branch Position. The interagency task this notice of opportunity for comment will be given careful consideration in the ommendation J-l. group favored acceptance of these rec­ This recommendation calls for the es­ formulation of an executive branch posi­ ommendations. In the case of G-3, the tion. tablishment of a program for develop­ task group advocates the multiple Board ing the technical and formal changes of Contract Appeals (BCA) system, with Dated at Washington, D.C. on April 14, needed to organize and consolidate the establishment or rentention of BCAs de­ 1975. procurement statutes to the extent ap­ pendent on the necessary caseload. It is R. E. Z e c h m a n , propriate in Title 41, United States Code. vital, the task group feels, for the BCAs Associate Administrator for The executive branch has apcepted to be full time Boards with full time Federal Management Policy. this recommendation. In adopting this members in order to operate in. a com­ (P R Doc.75-10419 Piled 4-21-75;8:45 am] recommendation, the OFPP acknowl­ pletely objective fashion and free from edges the magnitude and complexity of demands and pressures imposed by other the implementing action involved. It fur­ work. Board members should always be NATIONAL ADVISORY COUNCIL ON ther understands that carrying out this attorneys in good standing admitted to THE EDUCATION OF DISADVAN­ undertaking will have to be considered practice before the highest court of any TAGED CHILDREN state or the District of Columbia. To sup­ in relation to other priorities, require­ NOTICE OF MEETING ments, and available resources. port its recommendation for granting BCAs subpoena and discovery power, the Notice is hereby given, pursuant to Pub. Dated at Washington, D.C. on April 14, task group cites the Report of the Com­ L. 92-463, that the next meeting of the 1975. mission on Government Procurement, National Advisory Council on the Edu­ R. E. Z ec h m an , which states: cation of Disadvantaged Children will be Associate Administrator for held on May 10,1975 from 9:00 a.m.-2:00 Federal Management Policy. The quality of board records would im­ prove if the boards were given discovery and p.m. The meeting will be held at Pace IFR D oc.75-10420 Filed 4-21-75;8:45 amj subpoena powers. This would ensure that the University, Board of Trustees Room, New tools to make complete and accurate find­ York, New York. ings are available and would minimize the The National Advisory Council on the CONTRACT ADMINISTRATION DISPUTES need for a court to supplement the board Education of Disadvantaged Children is Legal and Administrative Remedies; record on review. established under section 148 of the Ele­ Opportunity for Comment Legislation would be required to grant mentary and Secondary Act (20 U.S.C. The purpose of this notice is to make BCAs the powers recommended by the 2411) to advise the President and the known an interagency task group pro­ Commission on Government Procure­ Congress on the effectiveness of compen­ posal on Recommendations G-3, G-7, ment. satory education to improve the educa­ and G-8 of the Commission on Govern­ The task group majority favored adop­ tional attainment of disadvantaged chil­ ment Procurement, and to offer an op­ tion of Recommendation G-7. They rec­ dren. portunity for private sector comment on ognized the history of impartiality of The agenda of the meeting includes these recommendations and others in past BCA decisions, but felt that “simple remarks by the Chairman, status report this series, as appropriate. Since execu­ justice” demanded that the government on NIE Study, Committee assignments, tive branch agency comments have al­ have the same right of appeal as that of discussion of 1976 plan, and discussion ready been solicited and received, re­ the contractor. To forestall excessive gov­ by two specialists in early childhood edu­ cation. sponse from these sources is not re­ ernment appeals, the task group rec­ Because of limited space, all persons quired. Interested persons in thè private ommended that any appeal require the sector may submit their comments to wishing to attend should call for reserva­ joint concurrence of the procuring tiie General Services Administration tions by April 30, 1975, Area Code 202/ (A M O , Washington, DC 20405. To be agency head and the Justice Department. 382-6945. given consideration, comments must be Legislation to modify the Wunderlich Records shall be kept of all Council received on or before May 26, 1975. Act, eliminating the prohibition of gov- proceedings and shall be available for

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17789 public inspection at the Office of the Na­ collected; the name of the reviewer or FR 6244 (February 10, 1975) and the de­ tional Advisory Council on the Education reviewing division within OMB, and an lay of the effective date for implementa­ of Disadvantaged Children, located at indication of who will be the respondents tion of the rules was published at 40 FR 425 Thirteenth Street NW, Suite 1012, to the proposed collection. 11821 (March 13,1975). Washington, D.C. Requests for extension which appear The amendment to Rule 14.5. provides to raise no significant issues are to be for the elimination of fixed minimum Signed at Washington, D.C. on April 17, approved after brief notice through this commissions on orders executed on the 1975. release. floor of the Exchange by Floor Brokers. R oberta L o v e n h e im , Further information about the items The amendments also provide for the Executive Director. on this daily list may be obtained from continued regulation by the Exchange of [FR Doc.75-10430Filed 4-21-75;8:45 am] the Clearance Office, Office of Manage­ commission rates by Board Brokers in ment and Budget, Washington, D.C. the form of a schedule of standard com­ NATIONAL SCIENCE FOUNDATION 20503 (202-395-4529), or from the re­ mission rates from which, departures viewer listed. could be permitted under certain circum­ ADVISORY COMMITTEE FOR SCIENCE New Forms stances. Any such departure would have EDUCATION to be non-discriminatory among cus­ VETERANS ADMINISTRATION Open Meeting tomers, filed with the Floor Procedure Alcoholism Treatment and Rehabilitation Committee at least thirty days prior to The Advisory Committee for Science Program follow-up, VA 10-11(57), VA 10-12 its effectivèness and not disapproved by Education will hold an open meeting on (57), vA Fh 10-12, other (see SF-83), vet­ the committee as being unreasonable or May 9 and 10,1975, at 9 a.m. in room 543 erans, Reese, B. F., 395-5630. discriminatory and continuously dis­ at 1800 G Street, NW., Washington, D.C. U S . INTERNATIONAL TRADE COMMISSION played at the post. No rate increase will The purpose o f the Committee is to Welt Work Shoes of Leather Producers’ be granted which will cause a Board provide advice and recommendations Broker’s rate on Any transaction to ex­ concerning the impact of all Foundation Questionnaire, single-time, producers of welt work shoes, Evinger, S. K., 395-3648. ceed the minimum levels applicable prior activities (including research, scientific to the rule change and the CBOE will information; international programs; DEPARTMENT OP HEALTH, EDUCATION, AND WELFARE maintain a full record of all the factors as well as, specifically, “ education” pro­ entering into the decision under the new grams) relating to education in the Social Security Administration, Evaluation rule to approve or disapprove a requested sciences in U.S. schools, colleges and of Prospective Reimbursement in Upstate rate increase or decrease. universities. This Committee functions New York, SSA 3136, single-time, hospitals Rule 6.25 prohibits two or more mem­ in accordance with the Federal Advisory under reimbursement plant, Human Re­ sources Division, Dick Eislnger, 395-3532. ber organizations, each of which does a Committee Act (P. Law 92-463). public or correspondent business and has The agenda for this meeting will con­ Office of Education, Application for Bilin­ gual Education Fellowship, OE 4561-2, an- its own floor broker or brokers on the sist of a review of pre-college course nually, institutions of higher education, floor of the Exchange, from entering into development and implementation activi­ Caywood, D. P.r 395-3443. any kind of a pooling arrangement ties. whereby orders managed on the floor by Individuals who plan to attend this * Extensions one of such firms would be executed by meeting should inform Mrs. Frances O. RAILROAD RETIREMENT BOARD Watts, Staff Assistant, Assistant Direc­ the floof broker or brokers of another of Continuing Disability Report, G-254, on oc­ such firms. torate for Education, Rm. 600-W Na­ casion, Marsha Traynham, 395-4529. tional Science Foundation, Washington, In its response to CBOE’s filing the Commission stated that its determination D.C. 20550, telephone 202/282-7930, by NATIONAL FOUNDATION ON THE ARTS close of business on April 30, 1975. Per­ AND HUMANITIES does not imply that such changes, to the sons requiring further information con­ Summer Seminar Stipends for College Teach­ extent that they, directly or indirectly, cerning this Committee should contact ers—Application Instructions, annuaUy, lead to the fixing of any floor brokerage Mrs. Frances Watts at the above address*. college professors, Marsha Traynham, 395- commission rate, may be maintained in Summary minutes of this meeting may 4529. effect after May 1, 1976. be obtained from the Committee Man­ CBOE had also withdrawn its previ­ P h i l l i p D. L a r se n , ously filed amendments to Rules 14.5 and agement Coordination Staff, Manage­ Budget and Management Officer. ment Analysis Office, Rm. 248, 1800 G 14.6 noticed at 39 FR 40203 and 39 FR [FR Doc.75-10551 Filed 4-21-75;8;45 am] Street, NW., Washington, D.C. 20550. 43338, respectively. 2. On April 3, 1975 fee Commission F red K. M u r a k a m i, SECURITIES AND EXCHANGE considered and did not disapprove cor­ Committee Management Officer. COMMISSION rections to fee amendments to Rule 14.5. A p r il 17, 1975. Those corrections were published at 40 CHICAGO BOARD OPTIONS EXCHANGE, FR 18254. (April 10, 1975). The correc­ [FR Doc.75-10442 Filed 4-21-75;8:45 am ] INC. tions to the amendments to CBOE Rule Nondisapproval of Amendments to Option 14.5 make minor changes in three price OFFICE OF MANAGEMENT AND Plan categories of fee schedule of commis­ BUDGET sion rates for Board Brokers. The sub­ Notice is hereby given of the follow­ stance of fee schedule as initially pro­ CLEARANCE OF REPORTS ing Commission actions; posed is not changed. List of Requests 1. On March 12, 1975 the Commission considered and did not disapprove pro­ All interested persons are invited to The following is a list of requests for posed amendments to the Option Plan submit their views and comments on the proposed corrections to CBOE’s plan clearance of reports intended for use in of the Chicago Board Options Exchange, collecting information from the public Inc. ( “CBOE” ) pursuant to Securities either before or after they have become received by the Office of Management Exchange Act Rule 9B-1 (17 C.F.R. 240- effective. Written statements of views and Budget on April 16, 1975 (44 U.S.C. 9 b -l). The CBOE had proposed amend­ and comments should be addressed to the 3509). The purpose of publishing this ments to its Rule 14.5 concerning intra­ Secretary, Securities and Exchange Com­ list in the F ederal R egister is to inform member commission rates for floor mission, 500 North Capitol Street, NW „ the public. brokerage, and a new Rule 6.25 prohibit­ Washington, D.C. 20549. Reference The list includes the title of each re­ ing reciprocal arrangements among should be made to file number 10-54. The quest received; the name of the agency sponsoring the proposed collection of members for the handling of floor proposed corrections are, and all such information; the agency form num­ brokerage. comments will be, available for public ber (s) , if applicable; the frequency with The amendments to Rule 14.5 mid new inspection at fee Public Reference Room which the information is proposed to be Rule 6.25 were originally published at 40 of the Securities and Exchange Commis-

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17790 NOTICES

sion at 1100 L Street, NW., Washington, tion-declaration, as amended, which is cost of the lease to West Penn is approx­ D.C. summarized below, for a complete state­ imately 6 percent of the purchase price By the Commission. ment of the proposed transactions. of the cars per year. The lease provides West Penn and the Continental Illi­ that if the aforesaid interest rate and/or [ s e a l ] G eorge A. F it z s im m o n s , nois National Bank and Trust Company investment tax credit are greater or less Secretary. of Chicago (“lessor” ) have entered into than the assumed percentages, the rental •Ap r il 14,1975. a purchase agreement (“purchase agree­ payments will be adjusted accordingly. [F R Doc.75-10457 Filed 4-21-75;8:45 am] ment”) with Thrall Car Manufacturing The lease further provides that West Co. and Bethlehem Steel Corp. for the Penn has the right to renew the lease for construction and delivery of 212 railroad up to 3 additional 5 year terms at a fair [File No. 500-1] cars (“ cars” ) . Of The cars, 106 are to be market rental or to purchase all of the EQUITY FUNDING CORPORATION OF hopper cars and 106 are to be gondola cars then subject to the lease at a fair AMERICA cars, all of said cars to be used for the market value at the end of any lease Suspension of Trading transportation of coal, as further de­ term. West Penn may, after June 17, scribed below. 1985, terminate the lease on a good faith A p r il 16,1975. It is stated that the total purchase determination that all the cars then sub­ It appearing to the Securities and Ex­ price of the cars shall not exceed“$6,180,- ject to the lease shall have become obso­ change Commission that the summary 000, said purchase price to be financed lete or economically unserviceable to suspension of trading in the common under a finance agreement (“finance West Penn’s operations. - stock, warrants to purchase the stock, agreement” ) described further below. It is stated that the cars are being 9Vz percent debentures due 1990,5% per­ Under terms of the purchase agreement, . obtained to transport low splfur coal to cent convertible subordinated debentures Lessor will be the owner of the cars and the Harrison generating station at due 1991, and all other securities of will lease the cars to West Penn under a Shinnston, West Virginia, which station Equity Funding Corporation of America Lease of Railroad Equipment (“lease” ). is owned 50 percent by West Penn, and being traded otherwise than on a na­ Pursuant to the lease, West Penn will 25 percent each by Monongahela and PE. tional securities exchange is required in lease the cars for an initial 15-year pe­ It is proposed that Monongahela and PE the public interest and for the protec­ riod commencing June 17, 1975, plus an each sub-lease an undivided 25 percent tion of investors; interim period prior to that date, at a interest in the cars from West Penn so Therefore, pursuant to section 15(c) rental to be paid in 31 installments. The that each ^rill pay West Penn 25 percent (5) of the Securities Exchange Act of first rental payment shall cover the in­ of the cost of leasing the cars. It is stated 1934, trading in such securities otherwise terim period and the rental payments that this arrangement will assure divi­ than on a national securities exchange thereafter will be on a semi-annual basis. sion of the cost of leasing the cars is suspended, for the period from April 17, Under terms of the finance agreement, among the companies on the same basis 1975 through April 26,1975. the lessor has agreed to act as owner- as their ownership in the Harrison sta­ By the Commission. trustee for certain lenders and equity tion, of the energy generated by the sta­ participants who have agreed to finance tion and the companies’ respective obli­ [ s e a l ] G eorge A. F it z s im m o n s , the purchase of the cars. The finance gations to pay the costs of operating-the Secretary. agreement provides, among other things, station. [FR Doc.75-10454 Filed 4-21-75;8:45 am] that West Penn may be required to pur­ It is stated that the West Virginia Pub­ chase the cars if a favorable ruling from lic Service Commission, the Virginia the Internal Revenue Service (“ruling” ) State Corporation Commission and the [Rel. No. 18939; 70-5657] relating to certain tax aspects of the Pennsylvania Public Utility Commission MONONGAHELA POWER CO. ET A L transactions is not received by August 31, hâve jurisdiction over various aspects of 1975. In such event, West Penn will pur­ the proposed transactions, that the lease Proposed Lease of Railroad Cars to chase the equity participants’ interests and a security agreement will be filed Subsidiaries in the cars for an amount equal to those with the United States Interstate Com­ APRIL 16,1975. participants’ investments in the cars, merce Commission and that no other Notice of proposed lease of railroad plus interest thereon at an annual rate state or federal commission, other than cars and sublease of undivided interests equal to the prime commercial (or com­ this Commission, has jurisdiction over in those cars to other subsidiary utility parable) rate of Manufacturers Hanover the proposed transactions. Fees and ex­ companies; proposed assumption of debt Trust Co., plus 2 percent. In such event, penses to be incurred in connection with portion of financing of railroad cars and West Penn will also assume the debt por­ the proposed transactions will be sup­ request for exception from competitive tion of the financing of the cars, in the plied by amendment. bidding in coinfection therewith. maximum amount of $4,455,792, for 15 Notice is further given that any in­ years at an annual interest rate of 9% terested person may, not later than In the matter of Monongahela Power percent per annum. West Penn requests May 9, 1975, request in writing that a Co., 1310 Fairmont Avenue, Fairmount, an exception from the competitive bid­ hearing be held on such matter, stating West Virginia 26554; The Potomac Edi­ ding requirements of rule 50 in the event the nature of his interest, the reasons son Co., Downsville Pike, Hagerstown, of its assumption of this debt. for such request, and the issues of fact Maryland 21740; West Penn Power Co., The lease provides that rentals dur­ or law raised by said application-decla­ 800 Cabin Hill Drive, Greensburg, Penn­ ration, as amended, which he desires, to sylvania 15601. ing the interim period will be at a daily rate of 0.0254866 percent of the purchase controvert; or he may request that he Notice is hereby given that Mononga­ price of the cars then subject to the lease. be notified if the Commission should or­ hela Power Co. (“Monongahela”), The Rental payments thereafter will be an der a hearing thereon. Any such request Potomac Edison Co. ( “PE” ) and West amount equal to 3.20938 percent of the should be addressed; Secretary, Securi­ Penn Power Co. (“West Penn”) , electric purchase price for the cars then subject ties and Exchange Commission, Wash­ utility subsidiary companies of Allegheny to the lease for the next 10 semi-annual ington, D.C. 20549. A copy of such re­ Power System, Inc., a registered holding installments, 5.74689 percent for the fol­ quest should be served personally or by company, have filed an application-dec­ lowing 10 semi-annual installments and mail (air mail if the person being served laration, and an amendment thereto, 8.21235 percent for the following 10 is located more than 500 miles from the with this Commission pursuant to the semi-annual installments. This rent is point of mailing) upon the applicants- Public Utility Holding Company Act of computed on the assumption that (1) the declarants at the above-stated ad­ dresses, and proof of service (by affidavit 1935 (“Act” ), designating sections 6, 7, interest rate on the debt portion of the financing of the cars is 9% percent and or, in case of an attorney at law, by 9(a) and 12 of the Act and rules 50 and (2) the investment tax credit accruing to certificate) should be filed with the re­ 87 promulgated thereunder as applicable the equity participants in the financing quest. At any time after said date, the to the proposed transactions. All inter­ is 10 percent. On the basis of these as­ application-declaration, as amended, or ested persons are referred to the applica­ sumptions it is stated that the effective as it may be further amended, may be

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17791 granted and permitted to become effec­ ingly, it is no longer licensed to operate line beginning at Kansas Highway 4 at tive as provided in rule 23 of the gen­ as an SBIC. Eskridge extending along Kansas High­ way 4 to junction U.S. Highway 77, thence eral rules and regulations promulgated Dated; April 10,1975. under the Act, or the Commission may along UB. Highway 77 to junction U.S. grant exemption from such rules as pro­ J a m es T h o m a s P h e l a n , Highway 54, thence along UB. Highway vided in rules 20(a) and 100 thereof or Deputy Associate Administrator 54 to junction Kansas Highway 99, thence take such other action as it may deem for Investment. along Kansas Highway 99 to junction appropriaté. Persons who request a hear­ [FR Doc.75-10425 Filed 4-21-75?8:45 am } Kansas Highway 4, and point of origin, ing or advice as to whether a hearing is to points in that part of Illinois north of a line beginning at the Ulinois-Iowa ordered will receive any notices and or­ INTERSTATE COMMERCE ders issued in this matter, including the State line extending along Illinois High­ date of the hearing (if ordered) and any COMMISSION way 164 to junction U„S. Highway 34, postponements thereof. IRREGULAR-ROUTE MOTOR COMMON thence along U.S. Highway 34 to junction CARRIERS OF PROPERTY U.S. Highway 150, thence along U.S. For the Commission, by the Division Highway 150 to junction Illinois High­ of Corporate Regulation, pursuant to Elimination of Gateway Letter Notices way 29, thence along Illinois Highway delegated authority. April 16» 1975. 29 to junction Illinois Highway 17, thence [ s e a l ] G eorge A. F it z s im m o n s , The following letter-notices of pro­ along Illinois Highway 17 to junction Secretary. posals to eliminate gateways for the pur­ Illinois Highway 115, thence along Illinois Highway 115 to junction U.S. Highway [FR Doc.75-10455 Filed 4-21-TS;8:4S am] pose of reducing highway congestion, alleviating air and noise pollution, mini­ 24, thence along U.S. Highway 24 to the mizing safety hazards, and conserving Illinois-Indiana State line (except Chi­ [File No. SOO-1] fuel have been filed with the Interstate cago, 111., and points in the commercial ZENITH DEVELOPMENT CQRP. Commerce Commission under the Com­ zone thereof, as defined by the Com­ mission, and except Rock Island, Moline, Suspension of Trading mission’s Gateway Elimination rules (49 CFR Part 1065), and notice thereof to and East Moline, HI.'). (c> from points in that part of Kan­ A p r il 16, 1975. all interested persons is hereby given as sas on or bounded by a line beginning at It appearing to the Securities and Ex­ provided in such rules. An original and two copies of protests U.S. Highway 70 at Junction City extend­ change Commission that the summary ing along U.S. Highway 70 to junction suspension of trading in the common against the proposed elimination of any gateway herein described may be filed' U.S. Highway 81, thence along U.S. High­ stock of Zenith Development Corpora­ way 81 to junction U.S. Highway 35, tion being traded otherwise than on a with the Interstate Commerce Commis­ sion on or before May 2, 1975. A copy thence along U.S. Highway 35 to junction national securities exchange is required U.S. Highway 77, thence along U.S. High­ in the public interest and for the pro­ must also be served upon applicant or its representative. Protests against the elim­ way 77 to junction U.S. Highway 70 to tection of investors; point of origin, to points in that part of Therefore, pursuant to section 15(c) ination of a gateway will not operate to stay commencement of the proposed Illinois north of a line beginning at the (5) of the Securities Exchange Act of Iowa-Hlinois State line extending along 1934, trading in such securities other­ operation. - U.S. Highway 34 to junction Illinois wise than on a national securities ex­ Successively filed letter-notices of the Highway 116, thence along Illinois High­ change is suspended, for the period from same carrier under these rules will be way 116 to junction U.S. Highway 24, April 17, 1975 through April 26, 1975. numbered consecutively for convenience in identification. Protests, if any, must thence along U.S. Highway 24 to the Illi­ By the Commission. refer to sucji letter-notices by number. nois-Indiana State line (except Chicago, HI., and points in the commercial zone [ s e a l] G eorge A . F it z s im m o n s , No. MC 21170 (Sub-No. E l), filed June Secretary. thereof, as defined by the Commission, 13, 1974. Applicant: BOS LINES, INC., and except Rock Island, Moline, and [FR Doc.75-10456 Filed 4-21-75;8:45 am] P.O. Box 68, Cedar Rapids, Iowa 52406. East Moline, H I.); (d) from points in Applicant’s representative: Gene R. Pro- that part of Kansas on or bounded by a SMALL BUSINESS ADMINISTRATION hushi (same as above). Authority sought line beginning at Kansas Highway 99 to to operate as a common carrier, by motor [License No. 06/10-0107] junction U.S. Highway 54, thence along vehicle, over irregular routes, transport­ U.S. Highway 54 to junction UJS. High­ MID SOUTH CAPITAL CORP. ing: Meats, meat products, and meat by­ way 169, thence along U.S. Highway 169 Surrender of License To Operate as Small products, and articles distributed by meat to junction U.S. Highway 59, thence Business Investment Company packinghouses, as described in Sections along UB. Highway 59 to junction U.S. A and C of Appendix I to the report in Highway 56, thence along UB. Highway Notice is hereby given that Mid-South Descriptions in Motor Carrier Certifi­ 56 to junction Kansas Highway 31, thence Capital Corporation?--(Mid-South), 1125 cates, 61 M.C.C. 209 and 766 (except along Kansas Highway 31 to junction Polk Street, Mansfield, Louisiana 71052, hides and commodities in bulk, in tank Kansas Highway 99, and point of pursuant to the provisions of § 107.105 of vehicles), restricted to such commodities origin, to points in that part of Hlinois the regulations governing small business as are dealt in by retail, wholesale, and north of a line beginning at the investment companies (13 CFR 107.105 chain grocery stores; (a) from points in Iowa-IUinois State line extending along (1975)), has voluntarily surrendered its that part of Missouri west of a line be­ UB. Highway 52 to junction niinois license to operate as a small business in­ ginning at the Missouri-Kansas State Highway 64, thence along Hlinois vestment company (SB IC ). line extending along U.S. Highway 71 to Highway 64 to junction U.S. Highway 51, Mid-South was incorporated under junction U.S. Highway 59, thence along the laws of the State of Louisiana to U.S. Highway 59 to the Iowa-Missouri thence along U.S. Highway 51 to junction operate solely as an SBIC under the State line to points in that part of Illinois Illinois Highway 38, thence along Hlinois Small Business Investment Act of 1958, north of a line beginning at the Illinois- Highway 38 to junction U.S. Highway as amended (15 U.S.C. 661 et seq.), Wisconsin State line extending along 294, thence along UB. Highway 294 to (Act) and it was issued license number U.S. Highway 12 to junction Illinois junction U.S. Highway 80, thence along 06/10-0107 by the Small Business Ad­ Highway 60, thence along Illinois High­ way 60 to junction Illinois Highway 176, U.S. Highway 80 to the Hlinois-Indiana ministration on April 16,1962. thence along Illinois Highway 176 to Lake State line (except Chicago, HI., and points Under the authority Vested by the Act Michigan (except points within the Chi­ in the commercial zone thereof, as de­ and the Regulations promulgated there­ cago, 111., commercial zone, as defined fined by the Commission). under, surrender of the license of Mid- by the Commission); (b) from points in (e) From points in that part of Kan­ South is hereby accepted and accord­ that part of Kansas on or bounded by a sas on or bounded by a line beginning

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17792 NOTICES at the Kansas-Oklahoma State line ex­ cant’s representative: Charles Pieroni Highway 219 to the New York-Pennsyl­ tending along U.S. Highway 81 to junc­ (same as above) . Authority sought to vania State line) *. The purpose of this tion U.S. Highway 35, thence along U.S. operate as a common carrier, by motor filing is to eliminate the gateways indi­ Highway 35 to junction U.S. Highway 77, vehicle, over irregular routes, transport­ cated by asterisks above. The purpose of thence along U.S. Highway 77 to the ing: Commodities which, because of size this correction is to omit the restrictions Kansas-Oklahoma State line, thence or weight, require the use of special in (1) and (3) above. along the Kansas-Oklahoma State line to equipment or special handling, and self- point of origin, to points in that part of propelled articles each weighing 15,000 No. MC 29886 (Sub-No. E68), filed May 16, 1974. Applicant: DALLAS & Illinois north of a line beginning at the pounds or more, and related machinery, Ulinois-Iowa State line extending along tools, parts, and supplies moving in con­ MAVIS FORWARDING CO., INC., 4000 U.S. Highway 6 to junction Illinois High­ nection therewith; (1) between points SW. Sample St., South Bend, Ind. 46627. way 23, thence along Illinois Highway 23 in Michigan, on the one hand, and, on Applicant’s representative: Charles Pie­ to junction Illinois Highway 18, thence the other, points in New Jersey, Con­ roni (same as above). Authority sought along Illinois Highway 18 to junction Il­ necticut, points in Pennsylvania (ex­ to operate as a common carrier, by motor linois Highway 17, thence along Illinois cept those in Erie, Crawford, Mercer, vehicle, over irregular routes, transport-' Highway 17 to junction U.S. Highway 62, Lawrence, Beaver, Washington, Greene, ing: (1) Steam shovels, cranes, crawler- thence along U.S. Highway 62 to junc­ Fayette, Allegheny, Butler, Venango, type shovels and cranes, straddle trucks, tion U.S. Highway 24, thence along U.S. Warren, Forest, Clarion, Armstrong, fork trucks and self-propelled building, Highway 24 to the Illinois-Indiana State Westmoreland, Somerset, Cambria, In­ construction, and moving machinery, line (except Chicago, 111., and points in diana, Jefferson, Elk, McKean, Cameron, from those points in Ohio on and north the commercial zone thereof, as defined and Clearfield Counties, P a .), and points of U.S. Highway 30 to points in Okla­ by the Commission, and except Rock Is­ in New York (except Niagara Falls, Cat­ homa, Texas, Louisiana, and those in land, Moline, and East Moline, 111.); (f ) taraugus, and Chautauqua Counties, Arkansas on and west of U.S. Highway from points in that part of Kansas on or N.Y.) (those points in Michigan on, 65, and from points in Ohio to points in bounded by a line beginning at the south, and west of a line beginning at Iowa (except those in Muscatine, Scott, Kansas-Nebraska State line extending Lake Michigan and extending along the Louisa, Des Moines, Lee, Henry, Wash­ along U.S. Highway 81 to junction U.S. northern boundaries of Allegan, Barry, ington, Keokuk, Jefferson, Van Buren, Highway 70, thence along U.S. Highway and Eaton Counties, Mich., to Business Wapello, Davis, Appanoose, Monroe, 70 to junction U.S. Highway 77, thence Interstate Highway 96, thence along Lucas, Wayne, Decatur, Clarke, Ring- along U.S. Highway 77 to the Kansas- Business Interstate Highway 96 to junc­ gold, Taylor, Page, and Fremont Coun­ Nebraska State line, thence along the tion U.S. Highway 127, thence along U.S. ties, Iowa), Nebraska (except those in Kansas-Nebraska State line to junction Highway 127 to the Michigan-Ohio State Gage, Otoë, Johnson, Nemaha, Pawnee, U.S. Highway 81 and point of origin, line) *; (2) between those points in Mich­ and Richardson Counties, Nebr.), and points in that part of Illinois north of a igan north and west of a line beginning those in Kansas on and west of a line line beginning at the Ulinois-Iowa State at the Michigan-Ohio State line and ex­ beginning at the Nebraska-Kansas State line extending along U.S. Highway 136 to tending along U.S. Highway 127 to junc­ line and extending along Kansas High­ junction U.S. Highway 74, thence along tion Michigan Highway 78, thence along way 14 to junction U.S. Highway 156, U.S. Highway 74 to the Illinois-Indiana Michigan Highway 78 to junction Inter­ thence along U.S. Highway 156 to junc­ State line (except Chicago, HI., and state Highway 75 to Saginaw Bay, on the tion U.S. Highway 56, thence along U.S. points in the commercial zone thereof, one hand, and, on the other, points in Highway 56 to junction U.S. Highway as defined by the Commission, and ex­ New York and Pennsylvania (those 54, thence along U.S. Highway 54 to the cept Rock Island, Moline, and East Mo­ points in Michigan on and south of a line Kansas-Oklahoma State line; and line, 111.); beginning at Lake Michigan and extend­ (2) Steam shovels, cranes, crawler- (g) From points in that part of Kan­ ing along the northern boundaries of A l­ type shovels and cranes, straddle trucks, sas on or bounded by a line beginning legan, Barry, and Eaton Counties, Mich., fork trucks, and self-propelled building, at the Kansas-Oklahoma State line ‘ex­ to junction Business Interstate Highway construction, and moving machinery tending along U.S. Highway 77 to junc­ 96, thence along Business Interstate which, because of size or weight, require tion U.S. Highway 50, thence along U.S. Highway 96 to junction U.S. Highway the use of special equipment or special Highway 50 to junction U.S. Highway 77, 127, thence along U.S. Highway 127 to handling, from those points in Wiscon­ thence along U-S. Highway 77 to the the Michigan-Ohio State line) *; sin. on and north of U.S. Highway 10 to Kansas-Oklahoma State line, thence (3) Between points in Michigan, onthose points in Kentucky on and east of along the Kansas-Oklahoma State line the one hand, and, on the other, points in a line beginning at the Kentucky-Indiana to point of origin, to points in that por­ Maine, Massachusetts, Vermont, New State line and extending along U.S. High­ tion of Illinois north of a line beginning Hampshire, and Rhode Island (those way 431 to junction Western Kentucky at the Illinois-Iowa State line extending points in Michigan on, south, and west Parkway, thence along Western Ken­ along U.S. Highway 80 to junction U.S. of a line beginning at Lake Michigan and tucky Parkway to junction U.S. High­ Highway 51, thence along U.S. Highway extending along the northern bound­ way 41, thence along U.S. Highway 41 to 51 to junction Illinois Highway 17, thence aries of Allegan, Barry, and Eaton Coun­ the Kentucky-Tennessee State line, and along Illinois Highway 17 to junction II- ties, Mich., to Business Interstate High­ from points in Wisconsin to those points linois Highway 1, thence along Illinois way 96, thence along Business Interstate in Kentucky on and east of a line be­ Highway 1 to junction Hlinois Highway Highway 98 to junction U.S. Highway ginning at the Kentucky-Ohio State line 114, thence along Hlinois Highway 114 127, thence along U.S. Ilighway 127 to and extending along Interstate Highway to the Hlin9is-Indiana State line (except the Michigan-Ohio State line) *; and (4) 75 to junction U.S. Highway 68, thence Chicago, HI., and points in the com­ between points in Indiaha and Illinois along U.S. Highway 68 to junction Ken­ mercial zone thereof, as defined by the and those points in Ohio north of U.S. tucky Highway 55,. thence along Ken­ Commission, and except Rock Island, Highway 30, on the one hand, and, on tucky Highway 55 to junction U.S. High­ Moline, and East Moline, 111.) . The pur­ the other, points in New York, Maine, way 127, thence along U.S. Highway 127 pose of this filing is to eliminate the gate­ Massachusetts, Connecticut, Rhode Is­ to the Kentucky-Tennessee State line, ways of those points in Iowa within the land, Vermont, New Hampshire, and New and those points in Tennessee on and commercial zone of Omaha, Nebr., as de­ Jersey (those points in New York on and east of a line beginning at the Kentucky- fined by the Commission. west of a line beginning at Rochester, Tennessee State line and extending along N.Y., and extending along U.S. Highway U.S. Highway 31E to junction U.S. High­ No. MC 29886 (Sub-No. E39) (Cor­ 15 to junction New York Highway 245, way 431, thence along U.S. Highway 431 rection), filed May 10, 1974, published to junction U.S. Highway 43, thence in the F ederal R eg ister March 24, 1975. thence along New York Highway 245 to along U.S. Highway 43 to the Tennessee- Applicant: DALLAS & MAVIS FOR­ junction New York Highway 39, thence Alabama State line. The purpose of this W ARDING CO., INC., 4000 W. Sample along New York Highway 39 to junction filing is to eliminate the gateway of Ben­ Street, South Bend, Ind. 46627. Appli­ U.S. Highway 219, thence along U.S. ton Harbor, Mich.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17793

No. MC 51146 (Sub-No. E ll), filed vada-California State line and extend­ from Hoopeston, HI., to points in Ohio, May 8, 1974. Applicant: SCHNEIDER ing along U.S. Highway 66 to junction Kentucky, Tennessee, Wisconsin, Iowa TRANSPORT, P.O. Box 2298, Green Bay, Interstate Highway 15, thence along In­ (except points on, southland east of a Wis. 54306. Applicant’s representative: terstate Highway 15 to the Pacific Ocean line beginning at the Illinois-Iowa State D. F. Martin (same as above). Authority at San Diego, Calif.) (Green Bay, line and extending along U.S. Highway sought to operate as a common carrier, W is.)*. 34 to junction U.S. Highway 63, thence by motor vehicle, over irregular routes, (4) Such new furniture as is manu­along U.S. Highway 63 to the Iowa-Mis- transporting: (1) Such new furniture factured or distributed by manufacturers souri State lin e), and Missouri (except as is manufactured or distributed by or converters of cellulose materials and points on, north, and east of a line be­ manufacturers or converters of cellulose products, and paper products, from Al­ ginning at the Iowa-Missouri State line materials and products, and paper prod­ tavista, Va., to points in Washington, and extending along U.S. Highway 63 to ucts, from points in North Carolina, to Oregon, Idaho, .Montana, Wyoming, the junction o f Missouri Highway 32, all points in Washington, Oregon, Idaho, Colorado (except points on and south of thence along Missouri Highway 32 to the Montana, Wyoming (except points on, a line beginning at the Nebraska-Colo­ Missouri-Illinois State line) (Fowler/ south, and east of a line beginning at the rado State line and extending along Ind.) *.. Nebraska-Wyoming State line and ex­ Colorado Highway 113 to junction U.S. (9) Canned goods, from Hoopeston, tending along U.S. Highway 20 to junc­ Highway 138, thence along U.S. Highway HI., to points in Alabama (Fowler, Ind., tion Wyoming Highway 789, thence 138 to junction U.S. Highway 6, thence and Milford, HI.) *; (10) Equipment and along Wyoming Highway 789 to junction along U.S. Highway 6 to the Colorado- supplies utilized by food business houses •Wyoming Highway 28, thence along Utah State lin e), Utah (except points on that are canning or pickle factories or Wyoming Highway 28 to junction U.S. and south of a line beginning at the condenseries (except commodities in Highway 187, thence along U.S. High­ Colorado-Utah State line ahd extending bulk), between Chicago, HI., on the one way 187 to junction Interstate Highway along UJS. Highway 6 to junction U.S. hand, and, on the other, points in Wash­ 80, thence along Interstate Highway 80 Highway 91, thence along U.S. Highway ington, Oregon, California, Nevada, to the Wyoming-Utah State line), Utah 91 to the Utah-Arizona State line), Idaho, Utah, Arizona, Montana, North (except points on, south, and east of a Nevada (except points south of U.S. Dakota, the Upper Peninsula of Michi­ line beginning at the Wyoming-Utah Highway 91), and California (except gan, Wisconsin (except points south of a State line and extending along U.S. points on, south, and east of a line be­ line beginning at the Minnesota-South Highway 189 to junction U.S. Highway ginning at the Nevada-Califomia State extending along U.S. Highway 41 to junc­ 50, thence along U.S. Highway 50 to the line and extending along Interstate tion.UB. Highway 10, thence along U.S. Utah-Nevada State line), Nevada (ex­ Highway 15 to junction Interstate High­ Highway 10 to junction Wisconsin High­ cept points south of U.S. Highway 50), way 10, thence along Interstate Highway way 13, thence along Wisconsin High­ and California (except points on and 10 to junction California Highway 111, way 13 to junction Wisconsin Highway south of a line beginning at the Nevada- thence along California Highway 111 to 64, thence along Wisconsin Highway 64 California State line and extending the United States-Canada International to the Wisconsin-Minnesota State line) , along U.S. Highway 50 to junction In ­ Boundary line) (Green Bay, Wis.) *; (5) Minnesota (except points on, south, and terstate Highway 80, thence along In­ New furniture, from Altavista, Va., to east of a line beginning at the Wiscon­ terstate Highway 80 to junction Cali­ points in North Dakota, Minnesota (ex­ sin-Minnesota State line and extending fornia Highway 17, thence along Cali­ cept points south of U.S. Highway 16), along U.S. Highway 12 to junction U.S. fornia Highway 17 to the Pacific Ocean and South Dakota (except points on, Highway 71, thence along U.S. Highway at Santa Cruz, Calif.) (Green Bay, south, and east of a line beginning at the 71 to junction U.S. Highway 14, thence Wis.) *. Minnesota-South Dakota State line and along U.S. Highway 14 to the Minnesota- (2) New furniture, from points inextending along U.S. Highway 16 to junc­ South Dakota State line), South Dakota North Carolina, to points in North tion South Dakota Highway 47, thence (except points on, south, and east of a Dakota, Minnesota (except points along South Dakota Highway 47 to the line beginning at the Minnesota-South south of Minnesota Highway 19), South South Dakota-Nebraska State line) Dakota State line and extending .along Dakota (except points on and south of (Menominee, Mich.) *. U.S. Highway 14 to junction South Da­ a line beginning at the Minnesota-South (6) New furniture, from Rocky Mount, kota Highway 37, thence along South Dakota State line and extending along Va.» to points in North Dakota, Minne­ Dakota Highway 37 to the junction of U.S. Highway 14 to junction U.S. High­ sota (except points on and south of a line U.S. Highway 16, thence along U.S. way 16, thence along U.S. Highway 16 beginning at the Wisconsin-Minnesota Highway 16 to the South Dakota-Wyo­ to the South Dakota-Wyoming- State State line and extending along U.S. High­ ming State line), Wyoming (except line) (Menominee, M ich.)*; (3) Such way 16 to junction Minnesota Highway 4, points on, south, and east of a line begin­ new furniture as manufactured or dis­ thence along Minnesota Highway 4 to the ning at the Nebraska-Wyoming State tributed by manufacturers or converters Minnesota-Iowa State line) , and South line and extending along U.S. -Highway of cellulose materials and products, Dakota (except points on, south, and east 20 to junction Wyoming Highway 220, and paper products, from Rocky Mount, of a line beginning at the Minnesota- thence along Wyoming Highway 220 to Va., to points in Washington, Oregon, South Dakota State line and extending junction Wyoming Highway 789, thence Nevada, Idaho, Montana, Wyoming, Col­ along U.S. Highway 16 to junction South along Wyoming Highway 789 to the Wyo­ orado (except point on and south of a Dakota Highway 47, thence along South ming-Colorado State line), Colorado (ex­ line extending from the Nebraska-Colo- Dakota Highway 47 to the South Dakota- cept points on and east of a line begin­ rado State line and extending along Nebraska State line) (Menominee, ning at the Wyoming-Colorado State Colorado Highway 113 to junction U.S. Mich,) * ; (7) Such charcoal and charcoal line and extending along Colorado High­ Highway 138, thence along U.S. Highway briquets as are manufactured or distrib­ way 789, to junction U.S. Highway 550, 138 to junction U.S. Highway 6, thence uted by manufacturers or converters of thence along U.S. Highway 550 to the along U.S. Highway 6 to the Colorado- cellulose materials and products, and Colorado-New Mexico State line), and Utah State lin e), Utah (except points on paper products, from Memphis, Tehn., to New Mexico (except points east of U.S. and south of a line beginning at the, points in Washington, points in Montana Highway 285) (Ashwaubenon, Wis.) *. Colorado-Utah State line and extending on and north of U.S. Highway 10, points (11) Equipment and supplies utilized along Interstate Highway 70 to junction in Idaho on and north of U.S. Highway by food business houses such as canning Utah Highway 26, thence along Utah 12, points in Oregon on .and west of a or pickle factory or condensery (except Highway 26 to junction U.S. Highway 91, line beginning at the Washington-Oregon commodities in bulk), between points in thence along U.S. Highway 91 to the State line and extending along Interstate Utah-Arizona State line), Nevada (ex­ Highway 5 to junction Oregon Highway Hlinois on and east of a line beginning cept points south of Interstate Highway 42, thence along Oregon Highway 42 to at the Wisconsin-Hlinois State line and 15), and California (except points on the Pacific Ocean at Bandon, Oreg.) extending along U.S. Highway 51 to and south of a line beginning at the Ne­ (Green Bay, W is.)*; (8) Canned goods, junction Illinois Highway 17, thence

FEDERAL REGISTER, VOL. 40, N O . 78-— TUESDAY, APRIL 22, 1975 17794 NOTICES

along Illinois Highway 17 to the Illinois - ways, to points in Maine, New Hamp­ cial equipment), from the destination Indiana State line, on the one hand, and, shire, Vermont, Massachusetts, Rhode area specified above to the origin area on the other, points in Washington, Ore­ Island, Connecticut, New York, Penn­ specified above (Marshfield, Wis) *. gon, Montana, the Upper Peninsula of sylvania, New Jersey, Delaware, Mary­ (15) Canned goods, from Hoopeston, Michigan (except points east of the east­ land, Virginia, North Carolina, South HI., to points in Washington, Oregon; ern boundaries of Alger and Schoolcraft Carolina, Georgia, Florida, Alabama, Montana, North Dakota, South Dakota Counties, Mich.), Wisconsin (except Mississippi, and Louisiana (except ^except points on and south of a line points on and west of a line beginning points on, north, and west of a line begin­ beginning at the Minnesota-South Da­ at the Michigan-Wisconsin State line ning at the Minnesota-Louisiana State kota State line and extending along UB. and extending along U.S. Highway 51 to. line and extending along U.S. Highway Highway 14 to junction U.S. Highway 16, junction Wisconsin Highway 47, thence 80 to junction UB. Highway 165, thence thence along U.S. Highway 16 to the along Wisconsin Highway 47 to junc­ along U.S. Highway 165 to junction U.S. South Dakota-Wyoming State line), Wy­ tion Wisconsin Highway 29, thence along Highway 90, thence along U.S. Highway oming (except points on and south of Wisconsin Highway 29 to Green Bay, 90 to the Louisiana-Texas State line), a line beginning at the South Dakota- Wis.), Minnesota (except points on, and the District of Columbia; (b) Mate­ Wyoming State line and extending along south, and east of a line beginning at rials and supplies used in the manufac­ U.S. Highway 16 to junction UB. High­ K the United States-Canada International ture and distribution of the products Au­ way 20, thence along U.S. Highway 20 Boundary line and extending along U.S. thorized in ( a ) ( 1) and (a) (2) above, ex­ to junction U.S. Highway 26, thenoe Highway 71 to junction Minnesota High­ cept • commodities in bulk, in tank or along U.S. Highway 26 to the Wyoming- way 34, thence along Minnesota Highway hopper-type vehicles, from the destina­ Idaho State line), Idaho (except points 34 to junction U.S. Highway 10, thence tion area specified -above to the origin on, south, and east of a line beginning along U.S. Highway 10 to the Minnesota- area specified above (Mosinee, W is.)*. at the Wyoming-Idaho State line and North Dakota State line), North Dakota (13) (a) Paptr and paper products (ex­extending along U.S. Highway 26 to (except points on, south, and east of a cept commodities in bulk), from Min­ junction U.S. High wry 93, thence along line beginning at the Minnesota-North neapolis and St. Paul, Minn.,'to points in U.S. Highway 93 to the Idaho-Nevada Dakota State line and extending along California, Washington (except points State üne), Nevada (except points on UB. Highway 10 to junction U.S. High­ on and east of a line beginning at the and east of a line beginning at the Idaho- way 281, thence along U.S. Highway 281 United States-Canada International Nevada State line and extending along to the North Dakota-South Dakota State Boundary line extending along U.S. UB. Highway 93 to junction UB. High­ line), South Dakota (except points on, Highway 97 to junction Washington way 91, thence along U.S. Highway 91 to south, and east of a line beginning at the Highway 17, thence along Washington tiie Nevada-California State line), and North Dakota-South Dakota, State line Highway 17 to junction U.S. Highway California (except points on, south, and and extending along U.S. Highway 281 395, thence along U.S. Highway 395 to east of a line beginning at the Nevada- to junction U.S. Highway 212, thence the Washington-Oregon State line), Ore­ California State line and extending along along U.S. Highway .212 to the South gon (except points on and east of a line Interstate Highway 15 to junction Inter­ Dakota-Wyoming State line), Wyoming beginning at the Washing ton-Oregon state Highway 10, thence along Inter­ (except points on and south of a line State line and extending along U.S. High­ state Highway 10 to the junction of In­ beginning at the South Dakota-Wyo- 4 way 395 to junction Interstate Highway terstate Highway 5, thence along In­ ming State line and extending along UB. 80N, thence along Interstate Highway terstate Highway 5 to the United States- Highway 14 to junction UB. Highway 80N to the Oregon-Idaho State line), Canada International Boundary line 20, thence along U.S. Highway 20 to the Nevada (except points on, north, and (Fowler, Ind., and Green Bay, Wis.) * Wyoming-Montana State line), Idaho east of a line beginning at the Oregon- (16) (a) Paper and paper products {ex­ (except points on, south, and east of a Nevada State line and extending along cept commodities in bulk), from Bain- line beginning at the Montana-Idaho U.S. Highway 95 to junction Interstate erd, Minn., to points in California (ex­ State line and extending along UB. Highway 40, thence along Interstate cept points on, north, and east of a line Highway 191 to junction UB. Highway Highway 40 to junction U.S. Highway 93, beginning at the Pacific Ocean at Noyo, 30N, thence along U.S. Highway 30N to thence along U.S. Highway 93 to the Calif., and extending along California junction U.S. Highway 30, thence along Nevada-Arizona State lin e), and Arizona Highway 20 to junction California High­ U.S. Highway 30 to junction UJS. High­ (except points north of U.S. Highway way 99, thence along California Highway way 93, thence along U.S. Highway 93 to 66) (b) Materials and supplies used in 99 to junction California Highway 58, the Idaho-Nevada State line), Nevada the manufacture of paper and paper thence along California Highway 58 to (except points south of Interstate High­ products (except commodities in bulk and junction U.S. Highway 66, thence along way 15), and California (except points commodities which because of size or U.S. Highway 66 to the California-Ari­ on and east of a line beginning at the weight require the use of special equip­ zona State lin e), and Arizona (except Nevada-California State line and ex­ m ent), from the destination area speci­ points on and north of a line beginning tending along interstate Highway 15 to fied above to the origin area specified at the California-Arizona State line and junction Interstate Highway 10,'thence above (Marshfield, W is.)*; (14) (a) extending along U.S. Highway 60 to junc­ along Interstate Highway 10 to junction Paper and paper products (except com­ tion U.S. Highway 70, thence along U.S. California Highway 111, thence along modities in bulk), from Grand Rapids, Highway 70 to the Arizona-New Mexico California Highway 111 to the United Cloquet, and St. Cloud, Minn., to points State line); (b) Materials und supplies States-Mexico International Boundary in California (except points on and north Used in the manufacture of paper and line) (Ashwaubena, Wis.) *. of a line beginning at the Pacific Ocean paper products (except commodities in (12) (a) (1) Paper and paper productsat Noyo, Calif., and extending along Cali­ bulk and commodities which because of (except drums, pails, and cans), and (a) fornia Highway 20 to junction Interstate size or weight require the use of special (2) Cellulose products produced or dis­ Highway 80, thence along Interstate equipment), from the destination area tributed by manufacturers or converters Highway 80 to the Califomia-Nevada specified above to the origin specified of paper and paper products (except State line), and Arizona (except points above (Marshfield, W is.)*; (17) (a) drums, pails, and cans and commodities on and north of a line beginning at the Paper and paper products (except com­ in bulk, and tank or hopper-type vehi­ Cabfornia-Arizona State line and ex­ modities in bulk), from points in that cles, from points in Minnesota on, east, tending along U S. Highway 60 to junc­ portion of Alabama lying south and east and north of a line beginning at the tion U S. Highway 70, thence along U.S. of a line beginning at the Georgia-Ala­ United States-Canada International Highway 70 to the Arizona-New Mexico bama State line and extending along Boundary line and extending along U.S. State line); and (b) Materials and sup­ U.S. Highway 78 to junction Interstate Highway 71 to junction U.S. Highway plies used in the manufacture of paper Highway 65, thence along Interstate 65 12, thence along U.S. Highway 12 to the and paper products (except commodities to junction UB. Highway 331, thence Minnesota-Wisconsin State line includ­ in bulk and commodities which because along U.S. Highway 331 to the Alabama- ing all points on the designated high- of size or weight require the use of spe­ Florida State line including all points

FEDERAL REGISTER, V O L 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17705

thence along Wyoming Highway 789 to (24) Cellulose materials and products, on the specified highways (except points paper and paper products, and materials on U.S. Highway 78), to points in Wash­ junction U.S. Highway 26, thence along U.S. Highway 26 to the Wyoming-Idaho and supplies used in the production and ington, Oregon, Idaho, Montana, Wyo­ distribution of the above-described com­ ming, North Dakota, South Dakota, Ne­ State lin e). Utah (except points on and east of a line beginning at the Wyoming- modities (except in each instance com­ braska (except points on and south of a modities in bulk), between points in line beginning at the Iowa-Nebraska Utah State line and extending along U.S. Highway 189 to junction U.S. High­ California and Nevada, on the one hand, State line and extending along U.S. and, on the other, points in the Lower Highway 30 to junction Nebraska High­ way 6, thence along U.S. Highway 6- to junction UB. Highway 163, thence along Peninsula of Michigan, points in Indiana way 92, thence along Nebraska Highway on and north of a line beginning at the 92 to junction Nebraska Highway 70, U.S. Highway 163 to the Utah-Arizona State lin e), and Arizona (except points Illinois-Indiana State line and extend­ thence along Nebraska Highway 70 to ing along Indiana Highway 18 to junc­ junction Interstate Highway 80. on, north, and east of a line beginning at the Utah-Arizona State line and ex­ tion Indiana Highway 67, thence along Thenco along Interstate Highway 80 Indiana Highway 67 to the Indiana-Ohio to junction Interstate Highway 80S, tending along U.S. Highway 89 to junc­ tion U.S. Highway 180, thence along U.S. State line, points in Ohio on and north thence along Interstate Highway 80S of a line beginning at the Indiana-Ohio to the Nebraska-Colorado State line) Highway 180 to the Arizona-New Mexi­ co State line) (Ashwaubenon, Wis.) *; State line' and extending along U.S. Colorado (except points on and south of Highway 36 to junction Ohio Highway a line beginning at the Nebraska- (20) Glassware and glass containers produced or distributed by manufac-. 41, thence along Ohio Highway 41 to Colorado State line and extending along junction U.S. Highway 35, thence along Interstate Highway 80S to junction U.S. turers and converters of paper and paper products (except drums, pails, and cans U.S. Highway 35 to junction U.S. High­ Highway ,34 thence along U.S. Highway way 23, thence along U.S. Highway 23 34 to junction U.S. Highway 40, thence and commodities in bulk, in tank or hopper type vehicles), from Plainfield, to the Ohio-Kentucky State line, points along U.S. Highway 40 to the Colorado- in West Virginia on and north of U.S. Utah State lin e), Utah (except points on HI., to points in North Dakota, and to points in South Dakota on and north of Highway 60, and points in Pennsylvania, and south of a line beginning at the restricted against the transportation of Colorado-Utah State line and extending U.S. Highway 14 (Mosinee, Wis.) *. (21) Glass containers, glass container paper and-paper products originating at along U.S. Highway 40 to junction U.S. Cleveland, Ohio (Green Bay, W is.)*; Highway 189, thence along U.S. Highway caps, corrugated cardboard, fiberboard sheets, utilized by food business houses (25) Cellulose materials and products, 189 to junction U.S. Highway 6, thence paper and paper products, and materials along U.S. Highway 6 to , the Utah- (except commodities in bulk), from Al­ ton, HI., to points in the Upper Peninsula and supplies used in the production and Nevada State line), Nevada (except distribution of the above-described com­ points south of U.S. Highway 50), and o f Michigan (Ashwaubenon, W is.)*; (22) Glass containers, glass container modities (except in each instance com­ California (except points on and south modities in bulk), between points in of a line beginning at the Nevada- caps, corrugated cardboard, fiberboard sheets, utilized by food business houses Washington, Oregon, and Idaho, on the California State line and extending one hand, and, on the other, points in along Interstate Highway 80 to junction (except commodities in bulk), from Al- toii, HI., to points in Washington, points Pennsylvania, West Virginia, Ohio, the Interstate Highway 280, thence along Lower Peninsula of Michigan, points in Interstate Highway 280 to the Pacific in Minnesota on and north of U.S. High­ way 2, North Dakota (except points on, Tennessee east of the western boundaries Ocean at San Francisco, Calif.), restrict of Clay, Overton, Cumberland, Roane, ted against the transportation of card­ south, and east of a line beginning at the Minnesota-North Dakota State, line Athens, and Monroe Counties, Tenn., board cartons from the described origin points in Kentucky east of the western area to the above-described destina­ and extending along U.S. Highway 2 to junction U.S. Highway 281, thence along boundaries of Bullitt, Nelson, Larue, tion territory; (b) Materials and sup­ Green, Metcalfe, and Monroe Counties, plies used in the manufacture and dis­ U.S. Highway 281 to junction U.S. High­ way 10, thence along U.S. Highway 10 to Ky., and points in Indiana on and east tribution of paper and paper products of a line beginning at the Hlinois- (except commodities in bulk), from the junction North Dakota Highway 8, thence along North Dakota Highway 8 Indiana State line and extending along destination specified above to the origin U.S. Highway 52 to junction Indiana specified above (Muncie, In d .)*; (18) to the North Dakota-South Dakota State lin e), points in Montana on and north Highway 37, thence along Indiana High­ Such plastic containers, as are manu­ way 37 to junction U.S. Highway 150, factured or distributed by manufactur­ of U.S. Highway 12, points in Idaho on and north of U.S. Highway 12, and thence along U S. Highway 150 to the ers or converters of cellulose materials Indiana-Kentucky State line, restricted and products, and paper products, frefrn Oregon (except points on, south, and east of a line beginning at the Wash- against the transportation of paper and points in California (except points east paper products originating at Lockland, of U.S. Highway 395), to points in Texas ington-Oregon State line and extending along Interstate Highway 5 to junction Hamilton, Cincinnati, Middletown, and (except points on, north, and east of a Cleveland, Ohio, and Florence, Ky., and line beginning at the Oklahoma-Texas Oregon Highway 42, thence along Ore­ gon Highway 42 to junction Oregon points in their commercial zones as de­ State line and extending along U.S. fined by the Commission (Green Bay, Highway 60 to junction U.S. Highway 87, Highway 429, thence along Oregon Wis.) *. thence along U.S. Highway 87 to the Highway 429 to the Pacific Ocean at Bandon, Oreg.) (Ashwaubenon, W is.)*; (26) Paper and paper-products (except junction of U.S. Highway 62, thence commodities in bulk), from points in along U.S. Highway 62 to the Texas- (23) Glass containers, glass container Pennsylvania op, north, and west of a New Mexico State line) (Los Angeles, caps, corrugated cardboard, and fiber- board sheets produced or distributed by line beginning at the Ohio-Pennsylvania Calif.)*. State line and extending along Inter­ (19) Glassware, and glass contain­ manufacturers or converters of paper and paper products (except drums, pails, state Highway 80 to junction U.S. High­ ers, caps, covers, tops, stoppers, and ac­ way 219, thence along U.S. Highway 219 cessories for glass containers, and paper and cans, and commodities in, bulk, and tank or hopper type vehicles), from to the Pennsylvania-New York State line, cartons utilized by food business houses to points in Alabama (except points on, (except commodities in bulk)., from Alton, HI., to points in North Dakota, points in South Dakota on and north of north, and east of a line beginning at the Plainfield, HI., to points in Washington, Mississippi-Alabama State line and ex­ Oregon, California, Nevada, Idaho, U.S. Highway 12, points in Minnesota on and horth of a line beginning at the tending along U.S. Highway 78 to junc­ Montana, North Dakota, points in Min­ tion Interstate Highway 65, thence along nesota on and north of U.S. Highway 12, Wisconsin-Minnesota State line and ex­ tending along Minnesota Highway 95 to interstate Highway 65 to junction U.S. points in South Dakota on and north of 331, thence along U.S. Highway 331 to U.S. Highway 14, Wyoming (except junction Minnesota Highway 23, thence along Minnesota Highway 23 to junction the Alabama-Florida State line, and ex­ points on and south of a line beginning cept Mobile and points in its commercial at the South Dakota-Wyoming State U.S. Highway 12, thence along U.S. zone as defined by the Commission, and line and extending along U.S. Highway Highway 12 to the Minnesota-South 16 to junction Wyoming Highway 789, Dakota State line (Mosinee, Wis.) *. points on U.S. Highway 78, including

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 17796 NOTICES points in the commercial zones of points by food business houses as materials and U.S. Highway 93 to junction U.S. High­ on U.S. Highway 78, as defined by the supplies (except commodities in bulk), way 40, thence along U.S. Highway 40 to Commission) (South Bend, Ind.) *; (27) from points in Washington, Oregon, the Nevada-California State line, points (a) Paper and paper products (except Idaho, Montana, North Dakota, points in in California north of a line beginning commodities in bulk), from points in the Wisconsin on and north of a line begin­ at the Nevada-Califomia State line and Upper Peninsula of Michigan on and ning at Lake Michigan and extending extending along Interstate Highway 80 west of a line beginning at lake Superior along Wisconsin Highway 54 to junction to junction California Highway 28, at Marquette, Mich., and extending along UJS. Highway 10, thence along U.S. High­ thence along California Highway 28 to U.S. Highway 41 to Lake Michigan at way 10 to the Wisconsin-Minnesota the Pacific Ocean near Albion, Calif., to Escanafoa, Mich., to points in Maine, New State line, points in Minnesota on and points in Tennessee on and east of Inter­ Hampshire,. Vermont, Massachusetts, north of a line beginning at the Wiscon­ state Highway 65 (Green Bay, Wis.)*; Connecticut, Rhode Island, New York, sin-Minnesota State line and extending (33) ( 1) Cosmetic, medical, pharmaceu­ New Jersey, Delaware, Maryland, Vir­ along U.S. Highway 14 to junction U.S. tical, fibrous textile and veterinarian ginia, North Carolina, Souih Carolina, Highway 65, thence along US. Highway products, insecticides and filters, which Georgia, Alabama, Florida, and the Dis­ 65 to the Minnesota-Iowa State line, are also cellulose materials and products trict of Columbia; (b) Materials and points in South Dakota on and north of and paper and paper products, (2) Sup­ supplies■ used in the manufacture and a line beginning at the Minnesota-South plies incidental to such commodities and distribution of paper and paper products Dakota State line extending along US. related premiums and advertising mate­ (except commodities in bulk), and return -Highway 16 to junction US. Highway rials (except in each instance commod­ shipments o f paper and paper products 183, thence along US. Highway 183 to ities in bulk), from the sites of the plants from points in the destination states out­ the South Dakota-Nebraska State line, and warehouses of the Kendall Co., at or lines above to the origin area outlines points in Wyoming on and north of a line near GriswoldviUe and Walpole, Mass., above, restricted against the transporta­ beginning at the Nebraska-Wyoming and Windham, Conn., to points in Ken­ tion of drums, pails, and cans (Columbus, State line extending along U.S. Highway tucky, Tennessee (except points in Ten­ Wis.) *. 20 to junction Wyoming Highway 220, nessee in the Memphis commercial zone), {28) Paper and paper products (e x -. - thence along Wyoming Highway 220 to and Alabama (except Mobile and points cept commodities in bulk), from points junction Wyoming Highway 789, thence in its commercial zone as defined by the in the Upper Peninsula of Michigan, to along Wyoming Highway 789 to junction Commission, and points on and north of points in South Dakota on and south of Interstate Highway 80, thence along In­ UB. Highway 78, including points in the a line beginning at the North Dakota- terstate Highway 80 to the Wyoming- commercial zones of points on U.S. High­ South Dakota State line and extending Utah State line, points in Utah on and way 78, as defined by the Com mission), along U.S. Highway 12 to junction U.S. west of a line beginning at the Wyoming- restricted against transportation of pulp Highway 81, thence along U.S. Highway Utah State line and extending along U.S. board, pulp board products and waste 81 to junction U.S. Highway 14, thence Highway 80S to junction U.S; Highway paper iGaHipolis, Ohio) *. along U.S. Highway 14 to the South 91, thence along U.S. Highway 91 to the (34) Such cosmetic, medical, pharma­ Dakota-Minnesota State line (Eau Utah-Arizona State line, points in Ne­ ceutical, fiberous, textile and veterinari­ Claire, Wis.) *; (29) (a ). Such commodi­ vada on and north of U.S. Highway 91, an products, insecticides, and filters, as ties as are manufactured or distributed and points in California on and north of are manufactured or distributed by by both manufacturers of furniture and a line beginning at the Nevada-Cali- manufacturers or converters of cellulose manufacturers of converters of cellulose fomia State line and extending along materials and products, and paper prod­ materials and products, and paper prod­ U.S. Highway 15 to junction Interstate ucts, and (2) Supplies incidental to such ucts, from Menominee, Mich., to points Highway 10, thence along Interstate commodities and related premiums and in Washington, Oregon, California, Highway 18 to junction California High­ advertising materials (except commodi­ Nevada, Idaho, Utah, Arizona, New Mex­ way 111, thence along California High­ ties in bulk), from the sites of the plants ico, Colorado, Wyoming, and Montana; way 111 to the United States-Mexico In­ and warehouses of the Kendall Co., at or (b) Materials and supplies (except com­ ternational Boundary line, to points in near GriswoldviUe and Walpole, Mass., modities in bulk) used in the manufac­ Ohio (Green Bay., Wis.) *. and Windham, Conn., to points in Wash­ ture and distribution of the above-de­ (32) Foodstuffs, utilized by food busi­ ington, Oregon, California, Nevada, scribed commodities, from the destina­ ness houses as are materials and supplies Idaho, Utah, Arizona, Montana, W yo­ tion area specified above to the origin (except commodities in bulk), from ming, Colorado, and New Mexico (Green area specified above (Green Bay, Wis.) *; points in Washington, Oregon, Montana, Bay, W is.)*; (35) Cosmetic, medical, (30) Foodstuffs utilized by food business North Dakota, points in Wisconsin on pharmaceutical, fiberous, textile and houses as materials and supplies (except and north of a line beginning at Lake veterinarian products, insecticides, and commodities in bulk)-, from points in Michigan extending along Wisconsin filters, which are also paper and paper Washington, Oregon, California, Nevada, Highway 23 to junction U.S. Highway 16, products (except commodities in bulk), Idaho, Utah, Arizona, New Mexico, Colo­ thence along U.S. Highway 16 to thé from the sites o f the plants and ware­ rado, Wyoming, Montana, North Dakota, Wisconsin-Minnesota State line, points houses of the Kendall Company, at or South Dakota, Minnesota, points in Wis­ in Minnesota on and north of U.S. High­ near GriswoldviUe and Walpole, Mass., consin on and north of Wisconsin High­ way 16, points in South Dakota on and and Windham, Conn., to points in Mis­ way 18, points in Iowa on and north of a north of U.S. Highway 16, points in Wyo­ sissippi, Missouri, Arkansas, Louisiana, line beginning at the Nebraska-Iowa ming on and north of a line beginning Kansas, Oklahoma, and Texas (Muncie, State line and extending along U.S. High­ at the Wyoming-South Dakota State line Ind.)*; (36) Cosmetic,medical,pharma­ way 30 to junction U.S. Highway 69, and extending along U.S. Highway 16 to ceutical, fiberous, textile, and veterinar­ thence along U.S. Highway 69 to junction the junction of U.S. Highway 20, thence, ian products, insecticides, and filters, U.S. Highway 20, thence along US. High­ along U.S. Highway 20 to the Wyoming- and supplies incidental to such commod­ way 20 to the Iowa-Illinois State line, Montana State line, points in Idaho on, ities related premiums and advertising points in Nebraska on and west of a line north, and west of a line beginning at materials which are also products pro­ beginning at the Kansas-Nebraska State the Montana-Idaho State line and ex­ duced or distributed by manufacturers line and extending along US. Highway tending along U.S. Highway 91 to junc­ or converters erf paper and paper prod­ 77 to junction Nebraska Highway 2, tion U.S. Highway 30N, thence along ucts (except drum, pails, and cans, and thence along Nebraska Highway 2 to the U.S. Highway 30N to junction U.S. High­ commodities involved in tank or hopper- Nebraska-Iowa State line, points in way 30, thence along U.S. Highway 30 to type vehicles), from the sites of the Kansas on and west of US. Highway 81, junction U.S. Highway 93, thence along plants and warehouses of the Kendall to points in Maine, New Hampshire, and U8 . Highway 93 to the Idaho-Nevada Company at or near GriswoldviUe and Vermont (Green Bay, Wis.) *. State line, points in Nevada on, north, Walpole, Mass., and Windham, Conn., to (81) Frozen foods, in vehicles equipped and west of a line beginning at the Idaho- points in North Dakota, South Dakota, with mechanical refrigeration, utilized Nevada State line and extending along and Nebraska (except points on, south,

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17797

and east of a line beginning at the Kan- (T) and (2) above, (4) Products manu­ and supplies used in manufacture and sas-Nebraska State line and extending factured or distributed by other manu­ distribution of paper and paper products along U.S. Highway 77 to junction Ne­ facturers and converters of hospital and (except commodities in bulk), from the braska Highway 2, thence along N e-. medical supplies, and manufacturers or destination area specified above to the braska Highway 2 to the Nebraska- converters of cellulose materials and origin area specified above (Athens, lowa State line) (Mosinee, Wis.) *. products, and paper products, and (5) Tenn.) *. (37) Wet lapwood pulp, includingRelated premiums and advertising ma­ (43) Cellulose materials and supplies, ground pulp» sanitary paper tissues mov­ terials, When shipped with the commod­ paper and paper products, and mate­ ing in parent roles, and materials and ities described in (1), (2) , (3), and (4) rials, equipment, and' supplies used in supplies used or useful in the manufac­ above, from Greenwood, S.C., to points the production and distribution of the ture of the above-described commodities, in Washington, Oregon, Idaho, Montana, above-described commodities (except in between Cheboygan, Mich'.', on the one Wyoming (except points on, south, and each instance commodities in bulk), be­ hand, and, on the other, points in Wash­ east of a line beginning at the Nebraska- tween point-? in Maine, Vermont, New ington, Oregon, California, Nevada, Wyoming State line and extending along Hampshire, Massachusetts, Connecticut, Idaho, Utah, Arizona, New Mexico, Colo­ U.S. Highway 26 to junction Wyoming and Rhode Island, on the one hand, rado, Wyoming, and-Montana, restricted Highway 220, thence along Wyoming and, on the other, points in Minnesota, against the transportation of commodi­ Highway 220 to junction Wyoming High­ Wisconsin, Iowa, Michigan, Kentucky, ties in bulk, from points in Colorado, way 789, thence along Wyoming High­ Indiana (except the Evansville commer­ Wyoming, and Utah (Green Bay, Wis.) * ; way 789 to the Wyoming-Colorado State cial zone as defined by the Commission), (38) Wet lapwood pulp, including ground lin e), Utah (except points on, south, and Tennessee (except points in the Mem­ pulp and sanitary paper tissues, moving east of a line beginning at the Wyoming- phis commercial zone) , Illinois (except in parent roles, from Cheboygan, Mich., Utah State line and extending along U.S. points in the Chicago commercial zone to points in North Dakota, South Dakota, Highway 189 to junction U.S. Highway as. defined by the Commission, points in Nebraska, Kansas, Oklahoma, Texas, 6, thence along U.S. Highway 6 to the that part of the St. Louis-East St. Louis Iowa, Missouri, Arkansas, Louisiana, Utah-Nevada State line), Nevada (ex­ commercial zone within Illinois, and Mississippi, Florida, Alabama (except cept points south of U.S. Highway 6), points in Illinois on and south of U.S. points on, north, and east of a line begin­ and all points in California north of the Highway 460), Ohio (except those points ning at the Tènnessee-Alabama State southern boundaries of Santa Cruz, north of U.S. Highway 322), Alabama line and extending along U.S. Highway Santa Clara, Merced, Mariposa, and (except those points on and north of 431 to junction U.S. Highway 411, thence Mono Counties, Calif. (Green Bay, U.S. Highway 78 and their commercial along U.S. Highway 411 to the Alabama- W is.)*. zones, and Mobile and points in its Georgia State line), Georgia (except (41) (1) Cellulose materials and prod­ commercial zones as defined by the Com­ points on, north, and east of a line be­ ucts, (2) Cellulose materials and prod­ mission), West Virginia (except those ginning at the Alabama-Georgia State ucts joined to or combined with other points east of U.S. Highway 219), and line and extending along U.S. Highway materials, (3) Supplies incidental to the those points in Pennsylvania on, south, 411 to junction U.S. Highway 41, thence use of the commodities described in (1) and west of a line beginning at the Ohio- along U.S. Highway 41 to junction U.S. and (2)' above, (4) Products manufac­ Pennsylvania .State line and extending Highway 80, thence along U.S. Highway tured or distributed by both manufac­ along U.S. Highway 322 to junction U.S. 80 to the Atlantic Ocean), Illinois (ex­ turers and converters of hospital and Highway 219 at Luthersburg, Pa., thence cept points in Ford, Iroquois, Kankakee, medical supplies, and by manufactures along U.S. Highway 219 to the Penn­ Vermilion, and Will Counties, 111.), Ken­ or converts of cellulose materials and sylvania-Maryland State line, restricted tucky (except points east of U.S. High­ products and paper products, and (5). against the transportation (a) of pulp­ way 41), Minnesota (except points on, Related premiums and advertising mate­ board, pulpboard products, and waste north, and east of a line beginning at the rials when shipped with the commodities paper, from or to points in Illinois, In ­ United States-Canada International described in (1), (2), (3), and (4) above, diana, Ohio, Kentucky, Minnesota, and Boundary line and extending along U.S. from Greenwood, S.C., to points in North points in that part of Michigan on and Highway 59 to junction U.S. Highway Dakota and South Dakota, (Wilmington, south of Michigan Highway 21, (b) 10, thence along U.S. Highway 10 to the 111.) *; (42) (a) Paper and paper products paper and paper products originating at Minnesota-Wisconsin State line), Ten­ (except commodities in bulk), from Lockland, Hamilton, Cincinnati, Middle- nessee (except points on and east of a points in Tennessee on and west of In­ town, and Cleveland, Ohio, and Florence, line beginning at the Kentucky-Ten­ terstate Highway 65 (except points in Ky., and points in their commercial nessee State line and extending along Tennessee in the Memphis commercial zones as defined by the Commission, (c) U.S. Alternate Highway 41 to junction zone), to points in North Carolina, Dela­ cardboard cartons from points in the Tennessee Highway 13, thence along ware, New Jersey, Connecticut, Rhode described portions of Alabama and Ten­ Tennessee Highway 13 to the Tennessee- Island, Massachusetts, Vermont, New nessee to points in Maine, New Hamp­ Alabama State lin e), points in Wiscon­ Hampshire, and Maine, points in New shire, Vermont, Massachusetts, Rhode sin on and north of Wisconsin Highway York on and east of a line beginning at Island, and Connecticut, (d) of traffic 29, and Evansville, Ind. (Green Bay, the United States-Canada International originating at New Milford, Conn., Lee, Wis.) *. Boundary line and extending along U.S. Mass., Nashua and Merrimack, N.H., (39) (1) Cellulose materials and prod­Highway 9 to junction New York High­ Lincoln, Millinocket, East Millinocket, ucts, (2) Supplies incidental to the use, way 7, thence along New York Highway Rumford, Westbrook, and Woodland, and used in the manufacture and dis­ 7 to junction Intestate Highway &1, Maine, and Gilman, Vt. (Paxinos, Pa.) *. tribution of the commodities in (1) thence along Interstate Highway 81 to (44) (1) Cellulose materials and prod­ above, and (3) Cellulose products and the New York-Pennsylyania State line, ucts, (2) Cellulose materials and prod­ paper products manufactured or distrib­ points in Pennsylvania on and east of ucts joined to or combined with other uted by manufacturers and converters of Interstate Highway 80, points in Mary­ materials, (3) Supplies incidental to the hospital and medical supplies, from land on and east of Interstate Highway use of the commodities described in (1) Greenwood, S.C., to points in Indiana, 81, points in Virginia on and east of a and (2) above, (4) Products manufac­ and points in Ohio on and north of Ohio line beginning at the West Virginia- tured or distributed by manufacturers Highway 3, restricted against the trans­ Virginia State line and extending along and converters of hospital and medical portation of pulpboard, , pulpboard Interstate Highway 81 to junction U.S. supplies, and (5) Related premiums and products, and waste paper (Madison, Highway 52, thence along U.S. Highway advertising materials, when shipped In d.)*; (40) (1) Cellulose materials and 52 to the Virginia-North Carolina State with the commodities described in (1), supplies, (2) Cellulose materials and line, and the District of Columbia, re­ (2), (3), and „(4-) above, (except those products joined to or combined with stricted against transportation of card­ commodities of unusual value, Classes A other materials, (3) Supplies incidental board cartons from points in Tennessee and B explosives, household goods as de­ to the use of commodities described in to points in Pennsylvania; (b) Materials fined by the Commission, commodities

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17798 NOTICES in bulk, commodities requiring special between points in New York on and south bered highway from Gulliver to Lake equipment, and those injurious or con­ of Interstate Highway 84 and points in Michigan (Columbus, W is.)*; (53) taminating to other lading, from Green­ New Jersey on and north of a line begin­ Waste paper or scrap paper, from points wood, S.C., to Chicago, 111. (Chicago ning at Camden, N.J., and extending in Illinois on, east, and north of a line be­ Heights, H I.)*; (45) (1) Fibrous mate­ along New Jersey Highway 70 to junc­ ginning at the Wisconsin-Illinois State rials and products which are also cellu­ tion New Jersey Highway 88, thence along line and extending along U.S. Highway lose materials and products or paper New Jersey Highway 88 to the Atlantic 15 to junction Illinois Highway 17, and paper products, and (2) Cellulose Ocean at Point Pleasant Beach, N.J., on thence along Illinois Highway 17 to the materials and paper and paper prod­ the one hand, and, on the other, Chicago, Illinois-Indiana State line, to points in ucts, produced and distributed by manu­ HI., restricted against the transportation Minnesota, North Dakota, points in facturers of fibrous materials and prod­ of traffic originating at Riegelsville, Mil­ South Dakota on and north and west of ucts, and (3) Supplies incidental to the ford, Hughesville, and Warren Glen, N. J. a line beginning at the Minnesota- use of the commodities in (1) and (2) (Paxinos, Pa., and Chicago South Dakota State line and extending above (except commodities as require (48) Waste paper or scrap paper, from along U.S. Highway 16 to junction South the use of special equipment by reason Grand Rapids, Otsego, Plainwell, Three Dakota Highway 47, thence along South of size or weight), from the plant site Rivers, Kalamazoo, and Detroit, Mich., to Dakota Highway 47 to the South Dakota- and warehouse facilities of Kendall points in North Dakota, South Dakota, Nebraska State line, and points in the Company, at or near Athens, Ga., to points in Minnesota on and west of a line Upper Peninsula of Michigan on and points in Wisconsin on and south of beginning at the United States-Canada west of a line beginning at Lake Superior U.S. Highway 10 extending from the International Boundary line and extend­ at Grand Marais, Mich., and extending shore of Lake Michigan to the Mihne- ing along U.S. Highway 71 to junction along Michigan Highway 77 to junction sota-Wisconsin State line at Prescott, U.S. Highway 10, thence along U.S. High­ U.S. Highway 2, thence along U.S. High­ Wis., to points in Michigan on and south way 10 to the Minnesota-Wisconsin State way 2 to Gulliver, Mich., thence along of Michigan Highway 21 extending from line and points in Nebraska on and west unnumbered highway to Lake Michigan the shore of Lake Michigan near Hol­ of U.S. Highway 77 (Columbus, W is.)*; (Columbus, Wis.) *. land, Mich., to Port Huron, Mich., and (49) Waste paper or scrap paper, from (54) Waste paper and scrap paper, points in Indiana on and north of U.S. points in Ohio, to points in North Da­ from points in New York, Pennsylvania, Highway 40, restricted to the transpor­ kota, South Dakota, Minnesota, points and New Jersey, to points in North Da­ tation of traffic originating at the plant in the Upper Peninsula of Michigan kota, South Dakota, Minnesota, points site and warehouse facilities of Kendall on and west of a line beginning at in Nebraska, on, north, and west of a Co., at or near Athens, Ga., restricted Lake Superior at Marquette, Mich., line beginning at the Iowa-Nebraska against the transportation of such com­ and extending along U.S. Highway State line and extending along Nebraska modities as require the use of special 41 to the Michigan-Wisconsin' State Highway 2 to junction U.S. Highway 77, equipment by reason of size or weight, line, points in Iowa on and north of a line thence along U.S. Highway 77 to the and restricted against the transporta­ beginning at the Wisconsin-Iowa State Nebraska-Kansas State line, points in tion of pulpboard, pulpboard products, line and extending along U.S. Highway 18 the Upper Peninsula of Michigan on and and waste paper between points in In ­ to junction Iowa Highway 14, thence west of a line beginning at Marquette, diana and Michigan (Madison, Ind.) *. along Iowa Highway 14 to junction U.S. Mich., and extending along U.S. High­ (46) (1) Fiberous materials and prod­ Highway 30, thence aloiig U.S. Highway way 41 to the Michigan-Wisconsin State ucts which are also manufactured or dis­ 30 to the Iowa-Nebraska State line, and line, and points in Iowa on, north, and tributed by manufacturers or converters points in Nebraska on and north of a line west of a line beginning at the Illinois- of cellulose materials and products, and beginning at the Iowa-Nebraska State Iowa State line and extending along U.S. paper products, (2) Products produced line and extending along U.S. Highway 30 Highway 20 to junction U.S. Highway and distributed by both manufacturers to junction U.S. Highway 281, thence 63, thence along U.S. Highway 63 to or converters of fiberous materials and along U.S. Highway 281 to junction U.S. junction Iowa Highway 92, thence along products and manufacturers and con­ Highway 34, thence along U.S. Highway Iowa Highway 92 to junction U.S. High­ verters of cellulose materials and prod­ 34 to the Nebraska-Colorado State line way 169, thence along U.S. Highway 169 ucts, and paper products, (3) Supplies (Columbus, Wis.) *; (50) Wasfe paper or to the Iowa-Missouri State line (Colum­ incidental to the use of the commodities scrap paper, from points in Indiana on bus, Wis.) *; (55) Waste paper and scrap in (1) and (2) above, and (4) Related and north of U.S. Highway 24, to points paper, from points in Maine, New Hamp­ premiums and advertising material when in North Dakota, Minnesota, points in shire, Vermont, Massachusetts, Rhode shipped with the .commodities in (1), (2>, Nebraska on and west of U.S. Highway Island, and Connecticut, to points in and (3) above, from the plant and ware­ 83, and points in South Dakota on, north, North Dakota, South Dakota, Nebraska, house facilities of the Kendall Company and west of a line beginning at the Min­ Iowa, Minnesota, and points in the Upper at or near Athens, Ga., to points in Wash­ nesota-South Dakota State line and ex­ Peninsula of Michigan on and west of a ington, Oregon, California, Nevada, tending along U.S. Highway 16 to junc­ line beginning at Lake Superior at Mar­ Idaho, Utah, Arizona, Wyoming, Colo­ tion U.S. Highway 81, thence along U.S. quette, Mich., and extending along U.S. rado, Montana (except points in Daniels, Highway 81 to the South Dakota-Ne- Highway 41 to the Michigan-Wisconsin Sheridan, Roosevelt, and Richland braska State line (Columbus, W is.)*. State line (Columbus, W is.)*; (56) Counties, Mont.), and New Mexico (ex­ (51-) Waste paper or scrap paper, from Waste paper or scrap paper, from points cept points on, south, and east of a line points in Indiana, to points in Minne­ in Kentucky and Tennessee, to points in beginning at the Texas-New Mexico sota, and points in the Upper Peninsula North Dakota, points in the Upper Pen­ State line and extending along U.S. of Michigan on and west of a line be­ insula of Michigan on and west of a line Highway 70 to junction U.S. Highway 54, ginning at Lake Superior at Marquette, beginning at Lake Superior at Mar­ thence along ij.S. Highway 54 to the Mich., and extending along U.S. High­ quette, Mich., and extending along U.S. New Mexico-Texas State line (Spring- way 41 to the Michigan-Wisconsin State Highway 41 to the Michigan-Wisconsin field, Colo.) *; (47) Cellulose materials line (Columbus, Wis.) *; (52) Waste State line, points in Minnesota on and and products, paper and paper products, paper or scrap paper, from Chicago, 111., north of a line beginning at the Iowa- materials, equipment, and supplies used to points in North Dakota, South Dakota, Minnesota State line and extending in the production and distribution of the Minnesota, points in Nebraska on and along U.S. Highway 65 to junction U.S. above-described commodities (except west of U.S. Highway 81, and points in Highway 14, thence along U.S. Highway those commodities of unusual value, the Upper Peninsula of Michigan on and 14 to the Minnesota-South Dakota State classes A and B explosives, household west of a line beginning at Lake Superior line, and points in South Dakota on and goods as defined by the Commission, near Grand Marais and extending along north of U.S. Highway 14 (Columbus, commodities in bulk, commodities requir­ Michigan Highway 77 to junction U.S. Wis.) *. ing special equipment, and those inju­ Highway 2, thence along U.S. Highway 2 (57) Waste paper or scrap paper, from rious of contaminating to other lading, to Gulliver, Mich., thence along unnum- points in Kentucky and Tennessee on

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17799

and east of Interstate Highway 65, to (62) Such waste paper or scrap paperjunction California Highway 111, thence points in Minnesota, North Dakota, and as is manufactured or distributed by along California Highway 111 to the points in Iowa on and north of U.S. manufacturers or converters of cellulose United States-Mexico International Highway 18, and points in South Dakota materials and products, and paper prod­ Boundary line (Green Bay, Wis.) *; and on, north, and west of a line beginning ucts, from points in West Virginia, (65) Such waste paper or scrap paper as at the Iowa-South Dakota State line and Maryland, Delaware, Virginia, North is manufactured or distributed by manu­ extending along U.S. Highway 18 to Carolina, and the District of Columbia, facturers or converters of cellulose ma­ junction U.S. Highway 81, thence along to points in Washington, Oregon, Idaho, terials and products, and paper products, U.S. Highway 81 to the South Dakota- Montana, points in Wyoming on, north, from Chicago, 111., to points in Washing­ Nebraska State line (Columbus, Wis.) *; and west of a line beginning at the Ne­ ton, Oregon, California, Nevado, Idaho, (58) Waste paper and scrap paper, from braska-Wyoming State line and extend­ Utah, Arizona, Montana, points in Wyo­ points in West Virginia, Maryland, Dela­ ing along U.S. Highway 20 to junction ming on, north, and west of a line begin­ ware, Virginia, North Carolina, and the Wyoming Highway 789, thence along ning at the Nebraska-Wyoming State District of Columbia, to points in North Wyoming Highway 789 to junction Wyo­ line and extending along U.S. Highway Dakota, South Dakota, Minnesota, points ming Highway 28, thence' along Wyo­ 20 to junction Wyoming Highway 220, in the Upper Peninsula of Michigan on ming Highway 28 to junction U.S. High­ thence along Wyoming Highway 220 to and west of a line beginning at Lake Su­ way 187, thence along U.S. Highway 187 junction Wyoming Highway 789, thence perior at Marquette, Mich., and extend­ to junction Interstate Highway 80, along Wyoming Highway 789 to the Wyo- ing along U.S. Highway 41 to the thence along Interstate Highway 80 to ming-Colorado State line, points in Colo­ Michigan-Wisconsin State line, points in the Wyoming-Utah State line, points in rado on and west of a line beginning at Iowa on and north of a line beginning at Utah on and west of a line beginning at the Wyoming-Colorado State line and the Wisconsin-Iowa State line and ex­ the Wyoming-Utah State line and ex­ extending along Colorado Highway 789 to tending along U.S. Highway 151 to junc­ tending along U.S. Highway 189 to junc­ junction U.S. Highway 550, thence along tion U.S. Highway 30, thence along U.S. tion U.S. Highway 50, thence along U.S. U.S. Highway 550 to the Colorado-New Highway 30 to the Iowa-Nebraska State Highway 50 to the Utah-Nevada State Mexico State line, and points in New line, and points in Nebraska on and north line, points in Nevada on and north of Mexico on and west of U.S. Highway 285 of a line beginning at the Iowa-Nebraska a line beginning at the Nevada-Califor­ (Green Bay, Wis.) *. The purpose of this State line arid extending along U.S. nia State line and extending along Inter­ filing is to eliminate the gateways indi­ Highway 30 to junction Nebraska High­ state Highway 80 to junction California cated by asterisks above. way 92, thence along Nebraska Highway Highway 17, thence along California 92 to junction Nebraska Highway 70, No. M e 73165 (Sub-No. E53), filed Highway 17 to the Pacific Ocean (Green June 4, 1974. Applicant: EAGLE MOTOR thence along Nebraska Highway 70 to Bay, W is.)*; (63) Such waste paper or LINES, INC., P.O. Box 11086, Birming­ junction U.S. Highway 30, thence along scrap paper as is manufactured or dis­ U.S. Highway 30 to the Nebraska- tributed by manufacturers or converters ham, Ala. 35202. Applicant’s representa­ tive: Carl U. Hurst (same as above). Au­ Wyoming State line (Columbus, Wis.) *; of cellulose materials and products, and (59) Waste paper and scrap paper, from paper products, from Grand Rapids, Ot­ thority sought to operate as a common carrier, by motor vehicle, over irregular the Upper Peninsula of Michigan to sego, Plainwell, Three Rivers, Kalamazoo points in Kansas, Missouri, Arkansas, and Detroit, Mich., and points in Michi­ routes, transporting: Contractors’ outfits and equipment which consists of material Oklahoma, Louisiana, and Texas (Co­ gan north of U.S. Highway 10 to points handling equipment and parts, at­ lumbus, Wis.) *. in Washington, Oregon, California, Ne­ tachments, and accessories used in con­ (60) Such waste paper or scrap papervada, Arizona, Utah, Idaho, Montana, nection with material handling equip­ as is manufactured or distributed by and points in Wyoming on, north, and manufacturers or converters of cellulose west of a line beginning at the Nebraska- ment; ( ! ) between Memhpis, Tenn., on the one hand, and, on the other, points materials and products, arid paper prod­ Wyoming State line and extending along ucts, from points in Kentucky and Ten­ U.S. Highway 20 to junction Wyoming in North Carolina; (2) between points in nessee, to points in Washington, points 220, thence along Wyoming Highway 220 Tennessee on and west of U.S. Highway 45 and U.S. Highway 45E, on the one in Idaho on and north of U.S. Highway to junction Wyoming Highway 789, 12, and points in Montana on and north thence along Wyoming Highway 789 to hand, and, on the other, points in South Carolina; (3) between points in Tennes­ of U.S. Highway 12 (Green Bay, Wis.) *; the Wyoming-Colorado State line (Green (61) Such waste paper or scrap paper as Bay, Wis.) *. see, on and southwest of a line beginning is manufactured or distributed by manu­ (64) Such waste paper or scrap paper at the Tennessee-Alabama State line, thence along Interstate Highway 65 to facturers or converters of cellulose ma­ as is manufactured or distributed by junction Tennessee Highway 99, thence terials and products, and paper products, manufacturers or converters of cellulose along Tennessee Highway 99 to Hohen- from points in Kentucky and Tennessee materials and products, and paper prod­ on and east of Interstate Highway 65, to ucts, from points in Illinois on, east, and wald, thence along Tennessee Highway points in Washington, Oregon, Montana, north of a line beginning at the Wiscon­ 20 to the Tennessee-Missouri State line, on , the one hand, and, on the other, points in Wyoming on and north of U.S. sin-Illinois State line and extending points in Florida on and north of a line Highway 16, points in Idaho on and west along U.S. Highway 50 to junction Illi­ beginning at St. Petersburg, thence of a line beginning at the Montana- nois Highway 17, thence along Illinois across Gandy Bridge to Tampa, thence Idaho State line and extending along Highway 17 to the Illinois-Indiana State U.S. Highway 191 to junction U.S. High­ line, to points in Washington, Oregon, along U.S. Highway 92 to Kissimmee, thence along U.S. Highway 192 to Mel­ way 30N, thence along U.S. Highway 30N Montana, points in Wyoming on and to junction U.S. Highway 30, thence north of U.S. Highway 14, points in bourne, thence along unnumbered high­ way to the Atlantic seaboard; (4) be­ along U.S. Highway 30 to junction U.S. Idaho on and west of a line beginning Highway 93, thence along U.S. Highway tween points in Tennessee on and east of at the Montana-Idaho State line and ex­ U.S. Highway 11 and U.S. Highway 11W, 93 to the Idaho-Névada State line, points tending along U.S. Highway 191 to junc­ on the one hand, and, on the other, in Nevada on and north of a line begin­ tion U.S. Highway 30N, thence along points in Louisiana, Texas, Oklahoma, ning at the Idaho-Nevada State line and U.S. Highway 30N to junction U.S. High­ Kansas, Colorado, Utah, New Mexico, extending along U.S. Highway 93 to way 30, thence along U.S. Highway 30 to Arizona, California, Nevada, Wyoming, junction U.S. Highway 40, thence along junction U.S. Highway 93, thence along Montana, Idaho, Oregon, and Washing­ U.S. Highway 40 to the Nevada-Califor- U.S. Highway 93 to the Idaho-Nevada nia State line, and points in California ton, and points in Arkansas On and south State line, points in Nevada on and north of U.S. Highway 64; (5) between points on and north of a line beginning at the of Interstate Highway 15, and points in Nevada-California State line and ex­ California on and north of a line begin­ in Tennessee on and east of Interstate tending along Interstate Highway 80 to ning at the Nevada-California State line Highway 65, on the one hand, and, on the junction California Highway 128, thence and extending along Interstate Highway other, points in Mississippi on and south along California Highway 128 to the 15 to junction Interstate Highway io, of U.S. Highway 80, and points in Loui­ Pacific Ocean (Green Bay, Wis.) *. thence along Interstate Highway 10 to siana east of the Mississippi River.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17800 NOTICES

(6) Between points in Tennessee on on and south of U.S. Highway 80; (2) Georgia-South Carolina State line, to and west of U.S. Highway 45 and U.S. from points in Illinois on and northeast points in Louisiana and Texas; and (f) Highway 45E, on the one hand, and, on of a line beginning at the Ulinois-Indiana from points in Georgia, to points in the other, points in Georgia on and south State line, thence along U.S. Highway Arkansas, New Mexico, Arizona, Cali­ of a line beginning at the Georgia- 24 to Gilman, thence along U.S. Highway fornia, Oklahoma, Kansas, Colorado, Alabama State line, thence along U.S. 45 to Champaign, thence along Inter­ Utah, Iowa, Minnesota, Nevada, Ne­ Highway 29 to Atlanta-, thence along state Highway 74 to Peoria, thence along braska, South Dakota, North Dakota, U.S. Highway 278 to the Georgia-South Illinois Highway 29 to Peru, thence along Wyoming, Montana, Idaho, Oregon, and Carolina State line; (7) between points U.S. Highway 51 to the Illinois-Wiscon- Washington. The purpose of this filing is in Mississippi, on the one hand, and, on sin State line, to points in California on to eliminate the gateways of Birmingham the other, points in Georgia on and south and south of Interstate Highway 10; and and Winfield, Ala. of U.S. Highway 78 to Atlanta, thence (3) from points in Illinois on and north No. MC 73165 (Sub-No. E61), filed along U.S. Highway 278 to the Georgia- of U.S. Highway 24 and on and east of June 4, 1974. Applicant: EAGLE MOTOR South Carolina State line; (8) between Illinois Highway 23, to points in Arizona LINES, INC., P.O. Box 11086, Birming­ points in Mississippi on and north of a and New Mexico on and south of U.S. ham, Ala. 35202. Applicant’s representa­ line beginning at the Alabama- Highway 60, and points in California on tive: Carl U. Hurst (same as above). Au­ Mississippi State line, thence along U.S. and south of Interstate Highway 15. The thority sought to operate as a common Highway 78 to Tupelo, thence along Mis­ purpose of this filing is to eliminate the carrier, by motor vehicle, over irregular sissippi Highway 6 tq Clarksdale, thence gateways of Fairbury, HI., Gilmer, Tex., routes, transporting: Pipe, conduit, tub­ along Mississippi Highway 322 to and Shreveport, La. ing, and fittings (except materials, equip­ Sherard and directly west of the Mis­ No. MC 73165 (Sub-No. E60), filed ment, and supplies used in or in connec­ sissippi River, on the one hand, and, on June 4,' 1974. Applicant: EAGLE MO­ tion with the discovery, storage, trans­ the other, points in Florida on and east TOR LINES, INC., P.O. Box 11086, Bir­ mission, and distribution of natural gas of U.S. Highway 231 and on and north mingham, Ala. 35202. Applicant’s repre­ and petroleum and their products and of a line beginning at St. Petersburg, sentative: Carl U. Hurst (same as above). by-products), which are materials, sup­ thence across Gandy Bridge to Tampa, Authority sought to operate as a com­ plies, or equipment incidental to or used thence along U.S. Highway 92 to Kissim­ mon carrier, by motor vehicle; over ir­ in the construction, development, opera­ mee, thence along U.S. Highway 192 to regular routes, transporting: Iron and tion, and maintenance of facilities for Melbourne, thence along unnumbered steel articles (except those requiring the discovery, mining, and milling of highway to the Atlantic Seaboard; (9) special equipment and except commodi­ lead, zinc, iron, coal, and other minerals; between points in Mississippi on and ties in bulk), which consist of. (1) equip­ (1) from points in Illinois on and north south of U.S. Highway 82, and points in ment, materials, and supplies used in the of a line beginning at the Hlinois-Indiana Louisiana east of the Mississippi River, manufacture of mobile homes, (2) ma­ State line, thence along U.S. Highway 24 on the one hand, and, on the other, terial handling equipment, and equip­ to Gilman, thence along U.S. Highway points in North Carolina and South ment, materials, and supplies used in the 45 to Champaign, thence along Interstate Carolina; and (10) between points in manufacture of material handling equip­ Highway 74 to the Hlinois-Iowa State Mississippi on and south of U.S. High­ ment, and (3) parts, attachments, and line, to points in Georgia, Alabama, North way 80, on the one hand, and, on the accessories, used in connection with the Carolina, South Carolina, and Florida; other, points in Virginia, West Virginia, commodities described in (1) and (2) and (2) from points in Hlinois on and Pennsylvania, New York, New Jersey, above; (a) from points in Tennessee on north of a line beginning at the Indiana- Delaware, Maryland, Connecticut, Rhode and east of U.S. Highway 11 and U.S. Illinois State line, thence along U.S. Island, Massachusetts, Vermont, New Highway 11W, to points in Louisiana, Highway 24 to Gilman, thence along U.S. Hampshire, Maine, Ohio, Lower Penin­ Texas, Oklahoma, Colorado, Utah, New Highway 45 to Champaign, thence along sula of Michigan, and points in Ken­ Mexico, Arizona, California, Nevada, Interstate Highway 74 to the Hlinois- tucky on and east of Interstate Highway Wyoming, Montana, Idaho, Oregon, Iowa State line, to points in Mississippi 75. The purpose of this filing is to elimi­ Washington, and points in Arkansas on and Louisiana. The purpose of this filing nate the gateway of Winfield, Ala. and south of U.S. Highway 64; (b) from is to eliminate the gateway of Fairbury, No. MC 73165 (Sub-No. E55), filed points in Mississippi on and south of 111. June 4, 1974. Applicant: EAGLE MO­ U.S. Highway 80, to points in Virginia, No. MC 73165 (Sub-No. E62), filed TOR LINES, INC., P.O. Box 11086. Bir­ West Virginia, Pennsylvania, New York, June 4,1974. Applicant: EAGLE MOTOR mingham, Ala. 35202. Applicant’s repre­ New Jerseyi Delaware, Maryland, Con­ LINES, INC., P.O. Box 11086, Birming­ sentative: Carl U. Hurst (same as above). necticut, Rhode Island, Massachusetts, ham, Ala. 35202. Applicant’s representa­ Authority sought to operate as a com­ Vermont, New Hampshire, Maine, Lower tive: Carl U. Hurst (same as above). Au­ mon carrier, by motor vehicle, over ir­ Peninsula ^of Michigan, and points in thority sought to operate as a common regular routes, transporting; Pipe, tub­ Ohio on and north of Interstate Highway carrier, by motor vehicle, over irregular ing, and fittings (except materials, equip­ 70 and on and east of U.S. Highway 23; routes, transporting: Road building ma­ ment, and supplies used in or in connec­ (c) from points in Georgia on and south chinery, and contractors’ equipment tion with the discovery, storage, trans­ of a line beginning at the Georgia- (which because of Size or weight, require mission, and distribution of natural gas Alabama State line, thence along U.S. special equipment), which consists of and petroleum and their products and Highway 29 to Atlanta, thence along U.S. material handling equipment, and equip r by-products), which are materials, sup­ Highway 278 to the Georgia-South Caro­ ment, materials, and supplies used in the plies, or equipment incidental to or used lina State line, to points in Tennessee manufacture of material handling equip­ in the construction, development, opera­ on and west of U.S. Highway 45 and U.S. ment, and parts, attachments, and acces­ tion, and maintenance of facilities for Highway 45E; (d) from points in sories used in connection with material the discovery, mining, and milling of Georgia on and north of a line beginning handling equipment; (1) from points in lead, zinc, iron, coal, and other minerals; at the Alabama-Georgia State line, Illinois on and north of a line beginning (1) from points in Illinois on and north thence along U.S. Highway 78 to Atlanta, at the Indiana-Hlinois State line, extend­ of a line from the Ulinois-Indiana State thence along U.S. Highway 278 to the ing along Hlinois Highway 17 to Dwight, line, extending along U.S. Highway 24 Georgia-South Carolina State line, to thence along U.S. Highway 66 to Bloom­ to Gilman, thence along U.S. Highway points in Mississippi on and south of ington, thence along Hlinois Highway 9 45 to Champaign, thence along Inter­ U.S. Highway 78 and on and north of to Pekin, thence along Hlinois Highway state Highway 74 to Peoria, and on and U.S. Highway 82; (e) from points in 29 to Peoria, thence along U.S. Highway east of a line from the Illinois-Wiscon- Georgia on and north of a line beginning 150 to the Hlinois-Iowa State line, to sin State line, to points in California on at the Alabama-Georgia State line, points in Florida on and south of a line to Mt. Carroll and thence along Illinois Highway 88 to Peoria and junction In­ thence along U.S. Highway 78 to Atlanta, beginning at St. Petersburg, thence along terstate Highway 74 to points in Texas thence along U.S. Highway 278 to the U.S. Highway 92 to Kissimmee, thence

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17801 along U.S. Highway 192 to Melbourne; to the Georgia-South Carolina State east of Illinois Highway 47, to points in (2) from points in Iowa on and east of line; Alabama, Arkansas, Florida, Georgia, a line beginning at the Iowa-Minnesota (4) from points in Mississippi on andKentucky, Louisiana, Mississippi, and State line, thence along U.S. Highway north of a line beginning at the Alabama- Tennessee (Bensenville, H I.)*; (2) from 65 to Colorado, thence along U.S. High­ Mississippi State line, thence along U.S. points in Illinois that are both on and way 30 to junction Iowa Highway 14, Highway 78 to Tupelo, thence along Mis­ north of U.S. Highway 30 and on and thence along Iowa Highway 14 to Mon­ sissippi Highway 6 to Clarksdale, thence east of Illinois Highway 47, to points in roe, thence along Iowa Highway 163 to along Mississippi Highway 322 to Sherard South Carolina (Bensenville, 111. and Oskaloosa, thence along U.S. Highway 63 and directly across to the Mississippi Alabama) *. to Ottumwa, thence along U.S. Highway River, to points in Florida on and east of (3) From points in Illinois that are 34 to the Iowa-Illinois State line, to U.S. Highway 231 and on and north of both on and north of U.S. Highway 30 points in Florida on and south of a line a line beginning at St. Petersburg, thence and on and east of Illinois Highway 47, beginning at St. Petersburg, thence along across Gandy Bridge, to Tampa, thence to points in Texas on and south of U.S. U.S. Highway 92 to Kissimmee, thence along U.S. Highway 92 to Kissimmee, Highway- 80 (Bensenville, 111., and along U.S. Highway 192 to Melbourne; thence along U.S. Highway 192 to Mel­ Shreveport, La.) (4) from points in and (3) from points in Wisconsin on and bourne, thence along unnumbered high­ Illinois that are both on and north of north of a line beginning at Milwaukee, way to the Atlantic Seaboard; (5) from U.S. Highway 30 and on and east of Il­ thence along U.S. Highway 41 to Fond points in Virginia, West Virginia, Penn­ linois Highway 47, to points in New du Lac, thence along Wisconsin Highway sylvania, New York, New Jersey, Dela­ Mexico on and south of a line beginning 23 to Princeton, thence along Wisconsin ware, Maryland/ Connecticut, Rhode Is­ at the New Mexico-Texas State line, Highway 73 to junction Wisconsin High­ land, Massachusetts, Vermont, New thence along U.S. Highway 82 to Las way 95 near Neillsville, thence along Wis­ Hampshire, Maine, and points in Ohio on Cruces, thence along U.S. Highway 70 to consin Highway 95 to the Wisconsin- and north of Interstate Highway 70 and the New Mexico-Arizona. State line, Minnesota State line, to points in Florida on and east of U.S. Highway 23, to points points in Arizona on and south of a line on and south of a line beginning at St. in Mississippi on and south of U.S. High­ beginning at the Arizona-New Mexico Petersburg, thence along U.S. Highway way 80; (6) from points in Louisiana and State line, thence along U.S. Highway 70 92 to Kissimmee, thence along U.S. High­ Texas, to points in Georgia on and north to Globe, thence along U.S. Highway 60 way 192 to Melbourne. The purpose of of a line beginning at the Alabama- to the Arizona-California State line, and this filing is to eliminate the gateway of Georgia State line, thence along U.S. points in California on and south of In ­ Pekin or Joliet, 111., or Cedar Rapids, Highway 78 to Atlanta, thence along U.S. terstate Highway 10 (Bensenville, 111., Iowa, or Milwaukee, Wis. Highway 278 to the Georgia-South Shreveport, La., and Gilmer, Tex.) *; and Carolina State line; (7) from points in (5) from Chicago, 111., to points in Texas No. MC 73165 (Sub-No. E63), filed Missouri on and west of U.S. Highway 63, on and south of a line beginning at the June 4,1974. Applicant: EAGLE MOTOR to points in Georgia; (8) from points in Texas-Louisiana State line, thence along LINES, INC., P.O. Box 11086, Birming­ Arkansas, New Mexico, Arizona, Califor­ U.S. Highway 80 to Ft. Worth, thence ham, Ala. 35202. Applicant’s representa­ nia, Oklahoma, Kansas, Colorado, Utah, along U.S. Highway 81 to Wichita Falls, tive; Carl U. Hurst (same as above). Au­ Iowa, Minnesota, Nevada, Nebraska, thence along U.S. Highway 81 to the thority sought to operate as a common South Dakota, North Dakota, Wyoming, Texas-New Mexico State line, points in carrier, by motor vehicle, over irregular Montana, Idaho, Oregon, and Washing­ New Mexico, on and south of a line be­ routes, transporting: Iron and steel ton, to points in Georgia; and (9) from ginning at the New Mexico-Texas State articles (except commodities in bulk), points in Tennessee on and west of U.S. line, thence along U.S. Highway 380 to which consist of (1) equipment, mate­ Highway 45 and U.S. Highway 45E, to San Antonio, N. Mex., thence along U.S. rials, and supplies used in the manufac­ points in Georgia on and south of a line Highway 85 to Socorro, thence along U.S. ture of mobile homes, (2) material beginning at the Georgia-Alabama State Highway 60 to the New Mexico-Arizona handling equipment, and equipment, line, thence along U.S. Highway 29 to State line, points in Arizona on and materials, and supplies used in the Atlanta, thence along U.S. Highway 278 south of U.S. Highway 60, and points in manufacture of material handling equip­ to the Georgia-South Carolina State line. California on and south of a line begin­ ment, and (3) parts, attachments, and The purpose of this filing is to eliminate ning at the Califomia-Arizona State accessories, used in connection with the the gateways of Birmingham and Win­ line, thence along U.S. Highway 66 to commodities described in (1) and (2) field, Ala. Barstow, thence along California High­ above; (1) from points in Tennessee on way 58 to Creston, thence along Califor­ No. MC 73165 (Sub-No. E64), filed and southwest of a line beginning at the nia Highway 41 to Morro Bay (Bensen­ June 4, 1974. Applicant: EAGLE MO­ Tennessee-Alabama State line, thence ville, 111., Shereveport, La., and Gilmer, along Interstate Highway 65 to junction TOR LINES, INC./ P.O. Box 11086, Bir­ Tex.)*. The purpose of this filing is to mingham, Ala. 35202. Applicant’s repre­ Tennessee Highway 99, thence along eliminate the gateways indicated by as­ Tennessee Highway 99 to Hohenwald, sentative: Carl U. Hurst (same as above). terisks above. thence along Tennessee Highway 20 to Authority sought to operate as a com­ the Tennessee-Missouri State line, to mon carrier, by motor vehicle, over ir­ No. MC 73165 (Sub-No. EJ83), filed points in Florida on and north of a line regular routes, transporting: Cast iron February 5, 1975. Applicant: EAGLE beginning at St. Petersburg, thence pipe and fittings which consist of ma­ MOTOR LINES, INC., P.O. Box 11086, across Gandy Bridge to Tampa, thence chinery, equipment, materials, and sup­ Birmingham, Ala. 11086. Applicant’s rep­ along U.S. Highway 92 to Kissimmee, plies used in, or in connection with, the resentative: Carl U. Hurst (same as thence along U.S. Highway 192 to Mel­ discovery, development, production, re­ above). Authority sought to operate as a bourne, thence along unnumbered high­ fining, manufacture, processing, storage, common carrier, by motor vehicle, over way to the Atlantic Seaboard; (2) from transmission, and distribution of natural irregular routes, transporting: Alumi­ points in Louisiana, Texas, Arkansas, gas and petroleum and their products num articles, the transportation of which Oklahoma, Kansas, Colorado, Utah, New and by-products, and machinery, mate­ because of size or weight requires special Mexico, Arizona, California, Nevada, rials, supplies, and equipment incidental equipment, from points in Pennsylvania, Wyoming, Montana, Idaho, Oregon, and to or used in the construction, develop­ New York, New Jersey, Maryland, Massa­ Washington, to points in Tennessee on ment, operation, and maintenance of fa­ chusetts, North Carolina, Vermont, Vir­ and east of U.S. Highway 11 and U.S. cilities for the discovery, mining, and ginia, Connecticut, Rhode Island, West Highway 11W; (3) from points in Missis­ milling, of lead, zinc, coal, and other Virginia, and that part of South Carolina sippi on and south of U.S. Highway 78 minerals, and commodities the transpor­ on and north of Interstate Highway 26 and on and north of U.S. Highway 82, to tation of which by reason of their size and points in Laurens, Greenville, An­ points in Georgia on and north of a line or weight, require the use of special derson, Pickens, and Oconee Counties, beginning at the Georgia-Alabama State equipment or special handling; (1) from S.C., to points in Texas on and south of a line, thence along U.S. Highway 78 to points in Illinois that are both on and line extending from the Arkansas-Texas Atlanta, thence along U.S. Highway 278 north of U.S. Highway 30 and on and State line along Interstate Highway 30

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 Î7802 NOTICES to Dallas, Tex., thence along U.S. High­ No. MC 73165 (Sub-No, E88), filed irregular routes, transporting: (1) Iron way 80 to Ft. Worth, Tex., and thence February 5, 1975. Applicant: EAGLEi fittings and connections, as described in along U.S. Highway 180 to the Texas- MOTOR LINES, INC., P.O. Box 11086, Appendix V to the report in Descriptions New Mexico State line. The purpose of Birmingham, Ala. 35202. Applicant’s in Motor Carrier Certificates, 61 M.C.C. this filing is to eliminate the gateway of representative: Carl U. Hurst (same as 209 (except Oil Field Commodities as de­ the facilities of Planet Corp., at Bir­ above). Authprity sought to operate as a scribed in Mercer Extension—Oil Field mingham, Ala., and Colbert County, Ala. common carrier, by motor vehicle, over Commodities, 74 M.C.C. 459); and (2) No. MC 73165 (Sub-No. E85), filed irregular routes, transporting: Alumi­ Cast iron valves, fire hydrants, and com­ February 5, 1975. Applicant: EAGLE num articles, the transportation of ponents consisting of gaskets, fittings, MOTOR LINES, INC., P.O. Box 11086, which, because of size or weight, requires and connections (except Oil Field Com­ Birmingham, Ala. 35202. Applicant’s rep­ special equipment, from points in Col­ modities as described in Mercer Exten­ resentative : Carl U. Hurst (same as orado, Nebraska on and west of U.S. sion-Oil Field Commodities, 74 M.C.C. above). Authority sought to operate as a Highway 83, and that part of Kansas 459) (except both as to above (1) and common carrier, by motor vehicle, over on, west, and south of a line extending (2), those requiring special equipment) , irregular routes, transporting: Aluminum from the Nebraska-Kansas State line from points in Georgia to points in North articles, the transportation of which, along U.S. Highway 81 to Wichita, Kans., Dakota, South Dakota, Nebraska, Mon­ because of size or weight, requires special and thence along U.S. Highway 54 to the tana, Wyoming, Idaho, Washington, Ore­ equipment, from points in Ohio, that Kansas-Missouri State line to points in gon, Utah, Nevada, Colorado, and Cali­ part of Michigan on and east of a line Virginia on and south of U.S. Highway fornia. The purpose of this filing is tq beginning at Bay City, Mich., and ex­ 60. The purpose of this filing is to elimi­ eliminate the gateway of facilities of tending along U.S. Highway 23 to the nate the gateway of the facilities of Claw Corp., at Columbus, Mo., and Bir­ Michigan-Ohio State line, that part of Planet Corporation, at Birmingham, Ala., mingham, Ala. and Colbert County, Ala. Kentucky on and east of U.S. Highway No. MC 73165 '(Sub-No. E92), filed 231, and that part of Tennessee on and No. MC 73165 (Sub-No. E89) filed February 1, 1975. Applicant: EAGLE east of U.S. Highways 31 and 31W to February 1, 1975. Applicant: EAGLE MOTOR LINES, INC., P.O. Box 11086, points in Texas on and south of a line MOTOR LINES, INC., P.O. Box 11086, Birmingham, Ala. 35202. Applicant’s rep­ extending from the Texas-Louisiana Birmingham, Ala. 35202. Applicant’s resentative: Carl U. Hurst (same as State line along U.S. Highway 190 to representative: Carl U. Hurst (same as above). Authority sought to operate as a Hearne, Tex., thence along U.S. High­ above). Authority sought to operate as a common carrier, by motor vehicle, over way 79 to Round Rock, Tex., thence along common carrier, by motor vehicle, over irregular routes, transporting: (1) Iron U.S. Highway 81 to Austin, Tex., thence irregular routes, • transporting: Iron fit­ fittings and connections, as described in along U.S. Highway 290 to junction U.S. tings and connections, as described in Appendix V to the report ip Descriptions Highway 80 near Kent, Tex., and thence Appendix V to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. along U.S. Highway 80 to the Texas-New in Motor Carrier Certificates, 61 M.C.C. 209 (except Oil Field Commodities as de­ Mexico State line. The purpose of this 209 (except Oil Field Commodities as de­ scribed in Mercer Extension—Oil Field filing is to eliminate the gateway of the scribed in Mercer Extension— Oil Field Commodities, 74 M.C.C. 459); (2) Cast facilities of Planet Corp., at Birmingham, Commodities, 74 M.C.C. 459), from Bir­ iron valves, fire hydrants, and compo­ Ala., and Colbert County, Ala. mingham, Ala., and points within ten nents consisting of gaskets, fittings, and miles thereof to points in Minnesota, No. MC 73165 (Sub-No. E86), filed connections (except Oil Field Commodi­ North Dakota, South Dakota, Nebraska, February 5, 1975. Applicant: EAGLE ties as described in, Mercer Extension— Montana, Wyoming, Colorado, Arizona, MOTOR LINES, INC., P.O. Box 11086, Oil Field Commodities, 74 M.C.C. 459) Utah, Idaho, Washington, Oregon, Ne­ (except in both (1) and (2) above, com­ Birmingham, Ala. 35202. Applicant’s rep­ vada, California, and that part of New modities requiring special equipment), resentative: Carl U. Hurst (same as Mexico on and west of U.S. Highway 85. from points in Georgia on, and south of above). Authority sought to operate as a The purpose of this filing is to eliminate U.S. Highway 278 to points in Minnesota. common carrier, by motor vehicle, over the gateway of the facilities of Claw The purpose of this filing is to eliminate irregular routes, transporting: Aluminum Corp., at Columbia, M o." the gateway of facilities of Claw Corp­ the transportation of which, articles, oration at Columbia, Mo., and Birming­ No. MC 73165 (Sub-No. E90), filed because of size or weight, requires special ham, Ala. equpiment, from points in Indiana to February 1, 1975. Applicant: EAGLE points in Texas on and south of a line MOTOR LINES, INC., P.O. Box 11086, No. MC 95540 (Sub-No. E607), filed extending from the Texas-Louisiana Birmingham, Ala. 35202. Applicant’s rep­ May 28, 1974. Applicant: WATKINS State line along U.S. Highway 90 to resentative: Carl U. Hurst (same as MOTOR LINES, INC., P.O. Box 1636, At­ Houston, Tex., and thence along U.S. above). Authority sought to operate as a lanta, Ga. 30301. Applicant’s representa­ Highway 59 to Laredo, Tex. The purpose common carrier, by motor vehicle, over tive: Clyde W. Carver, Suite 212, 5299 of this filing is to eliminate the gateway irregular routes, transporting: Cast iron Roswell Rd., N.E., Atlanta, Ga. 30342. of the facilities of Planet Corp., at Bir­ valves, fire hydrants, and components Authority sought to operate as a com­ mingham, Ala., and Colbert County, Ala. consisting of gaskets, fittings, and con­ mon, carrier, by motor vehicle, over ir­ nections (except Oil Field Commodities regular routes, transporting: Meats, No. MC 73165 (Sub-No. E87), filed as described in Mercer Extension— Oil meat products, and meat by-products, February 5, 1975. Applicant: EAGLE Field Commodities, 74 M.C.C. 459), from dairy products, and articles distributed MOTOR LINES, INC., P.O, Box 11086, Birmingham, Ala„, to points in Minne­ by meat packinghouses, as described in Birmingham, Ala. 35202. Applicant’s rep­ sota, North Dakota, South Dakota, Ne­ Appendix I to the report in Descriptions resentative: Carl U. Hurst (same as braska, Montana, Wyoming, Colorado, in Motor Carrier Certificates, 61 M.C.C. above). Authority sought to operate as Arizona, Utah, Idaho, Washington, Ore­ a common carrier, by motor vehicle, over 209 and 766, from those points in Cali­ gon, Nevada, California, and that part irregular routes, transporting: Alumi­ fornia on and south of a line beginning of New Mexico on and west of U.S. High­ at the Pacific Ocean and extending along num articles, the transportation of way 85. The purpose of this filing is to which, because of size or weight, requires eliminate the gateway of the facilities U.S. Highway 101 to junction California the use of special equipment, from points of Claw Corp., at Columbia, Mo. Highway 36, thence along California in Texas, Oklahoma, Utah, California, Highway 36 to junction U.S. Highway Washington, Louisiana on and west of No. MC 73165 (Sub-No. E91), filed the Mississippi River, and Arkansas on February 1, 1975. Applicant: EAGLE 395, thence along U.S. Highway 395 to and west of U.S. Highway 65 to points in MOTOR UINES, INC., P.O. Box 11086, junction unnumbered highway, thence Virginia. The purpose of this filing is to Birmingham, Ala. 11086. Applicant’s rep­ along unnumbered highway to the eliminate the gateway of the facilities resentative: Carl U. Hurst (same as Califomia-Nevada State line, to points of Planet Corporation, at Birmingham, above). Authority sought to operate as a in Virginia. The purpose of this filing is Ala., and Colbert County, Ala. common carrier, by motor vehicle, over to eliminate the gateway of Tifton, Ga.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17803

No. MC 95540 (Sub-No. E620), filed State line. The purpose of this filing is No. MC 107403 (Sub-No. E690), filed May 6, 1974. Applicant: WATKINS to eliminate the gateway of Gainesville, November 19, 1974. Applicant: MAT- MOTOR LINES, INC., P.O. Box 1636, At­ Ga. LACK, NC., 10 W. Baltimore Ave., Lans- lanta, Ga. 30301. Applicant’s representa­ No. MC 95540 (Sub-No. E644), filed downe, Pa. 19050. Applicant’s represent­ tive: Clyde W. Carver, Suite 212, 5299 May 13, 1974. Applicant: WATKINS ative: John Nelson (same as above). Roswell Rd., N.E., Atlanta, Ga. 30342. MOTOR LINES, INC., P.O. Box 1636, At­ Authority sought to operate as a com­ Authority sought to operate as a common lanta, Ga. 30301. Applicant’s representa­ mon carrier, by motor vehicle, over irreg­ ular routes, transporting: in carrier, by motor vehicle, over irregular tive: Clyde W. Carver, Suite 212, 5299 Cement, routes, transporting: Meats, meat prod­ Roswell Rd., N.E., Atlanta, Ga. 30342. Au­ bulk, in bags, from Atlanta, Ga., to ucts, and meat by-products, as described thority sought to operate as a common points in Louisiana and Mississippi. The in Section A of Appendix I to the report carrier, by motor vehicle, over irregular purpose of this filing is to eliminate the in Descriptions in Motor Carrier Certifi­ routes, transporting: Canned goods, from gateway of the facilities of Cheney Lime cates, 61 M.C.C. 209 and 766 (except com­ Red Creek, Waterloo, Rushville, Penn and Cement at Graystone, Ala. modities in bulk, in tank vehicles), Or­ Ifan, Egypt, Fairport, Lyons, Newark, No. MC 107403 (Sub-No. E691), filed angeburg, S.C., to those points in Ala­ Syracuse, and Rochester, N.Y., to those November 19, 1974. Applicant: MAT- bama on and south of a line beginning at points in Texas on and south of a line LACK, INC., Iff W. Baltimore Ave., Lans- the Mississippi-Alabama State line and beginning at the United States-Mexico downe, Pa. 19050. Applicant’s represent­ extending along U.S. Highway 82 to International Boundary line and extend­ ative: John Nelson (same as above). junction Interstate Highway 85, thence ing along U.S. Highway 59 to junction Authority sought to operate as a com­ along Interstate Highway 85 to the Ala­ Texas Highway 44, thence along Texas mon carrier, by motor vehicle, over irreg­ bama-Georgia State line. The purpose of Highway 44 to the Gulf of Mexico. The ular routes, transporting: Lime, in bulk, this filing is to eliminate the gateway of purpose of this filing is to eliminate the from the facilities of Cheney Lime and Tifton, Ga. gateways of points in Maryland, Dela­ Cement at Landmark, Ala., to points in No. MC 95540 (Sub-No. E621), filed ware, and Virginia in the Delmarva North Carolina and South Carolina. The May 6, 1974. Applicant: WATKINS Peninsula, and points in Pike and Spald­ purpose of this filing is to eliminate the MOTOR LINES, INC., P.O. Box 1636, At­ ing Counties, Ga. gateway of the facilities of Southern lanta, Gra. 30301. Applicant's representa­ No. MC 107403 (Sub-No. E686), filed Cement Co., at Atlanta, Ga. tive: Clyde W. Carver, Suite 212, 5299 November 19, 1974. Applicant: MAT- Roswell Rd., N.E., Atlanta, Ga. 30342. Au­ No. MC 107515 (Sub-No. E517), filed LACK, INC., 10 W. Baltimore Ave., Lans- January 27, 1975. Applicant: REFRIG­ thority sought to operate as a common downe, Pa. 19050. Applicant’s representa­ carrier, by motor vehicle, over irregular ERATED TRANSPORT CO., INC., P.O. tive: John Nelson (same as above). Au­ Box 308, Forest Park, Ga. 33050. Appli­ routes, transporting: meats, meat prod­ thority sought to operate as a common ucts, and meat by-products, as described cant’s representative: R. M. Tettlebaum, carrier, by motor vehicle, over irregular Suite 375, 3379 Peachtree Rd., N.E., in Section A of Appendix I to the report routes, transporting: Liquid chemicals in Descriptions in Motor Carrier Certifi­ Atlanta, Ga. 30326. Authority sought to (except liquefied petroleum gases), in operate as a common carrier, by motor cates, 61 M.C.C. 209 and 766, from bulk, in tank vehicles, from the facilities Greeley, Colo., to those points in Alabama vehicle, over irregular routes, transport­ of Commercial Solvents Corp., at Ster- ing: Fresh fruits and vegetables (except on and south of a line beginning at the lington, La., to points in Wyoming, Utah, Alabama-Georgia State line and extend­ in bulk), in vehicles equipped with and Moffat, Rio Blanco, Garfield, Mesa, mechanical refrigeration, from Charles­ ing along Interstate Highway 85 to junc­ Delta, Montrose, Ouray, San Miguel, San tion Interstate Highway 65, thence along ton, S.C., to that portion of Kentucky on Juan, Dolores, Montezuma, and La Plata and west of a line beginning at the Interstate Highway 65 to junction Ala­ Counties, Colo. The purpose of this filing bama Highway 21, thence along Ala­ Tennessee-Kentucky State line extend­ is to eliminate the gateway of Baton ing along U.S. Highway 127 to junction bama Highway 21 to junction Alabama Rouge, La. Highway 97, thence along Alabama High­ Kentucky Highway 90, thence along way 97 to the Alabama-Florida State line. No. MC 107403 (Sub-No. E687), filed Kentucky Highway 90 to junction U.S. The purpose of this filing is to eliminate November 19, 1974. Applicant: MAT- Highway 27, thence along U.S. Highway the gateway of Tifton, Ga. LACK, INC., 10 W. Baltimore Ave., Lans- 27 to junction Interstate. Highway 75, thence along Interstate Highway 75 to No. MC 95540 (Sub-No. E639), filed downe, Pa. 19050. Applicant’s represent­ ative: John Nelson (same as above). the Kentucky-Ohio State line; and (2) May 8, 1974. Applicant: WATKINS to Iowa, Indiana, Wisconsin, Michigan, MOTOR LINES, INC., P.O. Box 1636, At­ Authority sought to operate as a com­ mon carrier, by motor vehicle, over irreg­ that portion of Missouri on and north lanta, Ga. 30301. Applicant’s representa­ of a line beginning at the Missouri- tive: Clyde W. Carver, Suite 212, 5299 ular routes, transporting: Cement and lime, in bulk, in bags, from the facilities Illinois State line extending along Roswell Rd., N.E., Atlanta, Ga. 30342. Au­ Missouri Highway 51 to junction U.S. thority sought to operate as a common of Southern Cement Co., at Atlanta, Ga., to points in Mississippi and Louisiana. Highway 61, thence along U.S. Highway carrier, by motor vehicle, over irregular 61 to junction Missouri Highway 32, routes, transporting: Frozen foods, from The purpose of this filing is to eliminate the gateway of the facilities of the thence along Missouri Highway 32 to Carrollton, Macon, Marshall, Milan, Mo- junction Missouri Highway 8, thence berly, and St. Joseph, Mo., to points in Cheney Lime and Cement Co., Gray- stone, Ala. along Missouri Highway 8 to junction North Carolina, South Carolina, and U.S. Highway 66, thence along U.S. High­ those points in Alabama on and south No, MC 107403 (Sub-No. E689), filed way 66 to junction Missouri Highway 64, of a line beginning at the Alabama- November 19, 1974. Applicant: MAT- thence along Missouri Highway 64 to Georgia State line and extending along LACK, INC., 10 W. Baltimore Ave., Lans- junction U.S. Highway 54, thence along Alabama Highway 48 to junction Ala­ downe, Pa. 19050. Applicant’s represent­ U.S. Highway 54 to the Missouri-Kansas bama Highway 49, thence along Alabama ative: John Nelson (same as above). State line, and that portion of Illinois Highway 49 to junction Alabama High­ Authority sought to operate as a com­ way 120, thence along Alabama Highway on and north of a line beginning at the mon carrier, by motor vehicle, over irreg­ Indiana-Hlinois State line on Illinois 120 to junction Alabama Highway 81, ular routes, transporting: Liquid alumi­ Highway 13 to junction Illinois Highway thence along Alabama Highway 81 to num sulfate, in bulk, in tank vehicles, junction U.S. Highway 29, thence along 149, thence along Illinois Highway 149 from the facilities of Commercial Sol­ to junction Illinois Highway 3, thence U.S. Highway 29 to junction Alabama vents Corporation, at Sterlington, La., to along Illinois Highway 3 to junction Highway 87, thence along Alabama High­ points in Arkansas (except Union and way 87 to junction U.S. Highway 84, Columbia Counties), and Oklahoma. Missouri Highway 51 to the Missouri- thence along U.S. Highway 84 to junction The purpose of this filing is to eliminate Illinois State line. The purpose of this U.S. Highway 331, thence along U.S. the gateways of Bastrop and Springhill, filing is to eliminate the gateways of Highway 331 to the Alabama-Florida La. Atlanta, Ga., and Louisville, Ky.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17804 NOTICES

No. MC 107515 (Sub-No. E526), filed as a common carrier, by motor vehicle, STORAGE, 707 Security Federal Bldg., January 27, 1975. Applicant: REFRIG­ over irregular routes, transporting: Columbia, S.C. 29201. Applicant’s repre­ ERATED TRANSPORT, CO., INC., P.O. Household goods, as defined by the Com­ sentative: Frank A. Graham, Jr. (same Box 308, Forest Park, Ga. 33050. Appli­ mission, between Anderson, S.C., on the as above). Authority sought to operate as cant’s representative R. M. Tettlebaum, one hand, and, on the other, Blackstone, a common carrier, by motor vehicle, over Suite 375, 3379 Peachtree Rd., N.E., Charlottesville, Cheriton, Culpeper, irregular routes, transporting: House­ Atlanta, Ga. 30326. Authority sought to Franklin, Fredericksburg, Newport News, hold goods, as defined by the Commis­ operate as a common carrier, by motor Norfolk, Richmond, Staunton, Virginia sion, between Greenville, S.C., on the one > vehicle, over irregular routes, transport­ Beach, Williamsburg, and Winchester, hand, and, on the other, Charlottesville, ing: Fresh and cured meats, in vehicles Va. The purpose of this filing is to elim­ Cheriton, Culpeper, Franklin, Freder­ equipped with mechanical refrigeration; inate the gateway of Sumter, S.C., and icksburg, Newport News, Norfolk, Rich­ (1) from points in Florida to points in points within 25 miles thereof. mond, Virginia Beach, Williamsburg, and Oregon on and west of U.S. Highway 395; No. MC 109331 (Sub-No. E2), filed Winchester, Va. The purpose of this fil­ (2) from Mobile County, Ala., to points May 12, 1974. Applicant: NILSON VAN ing is to eliminate the gateway of Sum­ in Washington on or west of Interstate STORAGE, 707 Security Federal Bldg., ter, S.C., and points within 25 miles Highway-5; (3) from that portion of Columbia, S.C. 29201. Applicant’s repre- thereof. Alabama on or east of a line beginning resentative: Frank A. Graham, Jr. (same No. MC 109331 (Sub-No. E6), filed at the Florida-Alabama State line and as above). Authority sought to operate May 12, 1974. Applicant: NILSON VAN extending along Alabama Highway 21 as a common carrier, by motor vehicle, STORAGE, 707 Security Federal Bldg., to junction U.S. Highway 84, thence over irregular routes, transporting: along U.S. Highway 84 to junction U.S. Columbia, S.C. 29201. Applicant’s repre­ Household goods, as defined by the Com­ sentative: Frank A. Graham, Jr. (same Highway 43, thence along U.S. Highway mission, between Beaufort, S.C., on the as above). Authority sought to operate as 43 to the Tennessee-Alabama State linp one hand, and, on the other, Blackstone, to Portland, Hillsboro, and Milwaukie, a common carrier, by motor vehicle, over Charlottesville, Cheriton, Christiansburg, irregular routes, transporting: House­ Oreg., and points in Washington on or Culpeper, Danville, Franklin, Freder­ west of Interstate Highway 5; and (4) hold (foods, as defined by the Commis­ icksburg, Hillsville, Lexington, Lynch­ sion, between Greenwood, S»C., on the from points in Alabama on or east of burg, Martinsville, Newport News, Nor­ U.S. Highway 43 to points in that por­ one hand, and, on the other, Blackstone, folk, Richmond, Roanoke, S. Boston, Charlottesville, Cheriton, Christiansburg, tion of Washington which are on and Staunton, Virginia Beach, Williamsburg, Culpeper, Danville, Franklin, Fredericks­ east of Interstate Highway 5 (except and Winchester, Va. The purpose of this burg, Lexington, Lynchburg, Newport those south of U.S. Highway 12) . The filing is to eliminate the gateway of purpose of this filing is to eliminate the News, Norfolk, Richmond, Roanoke, S. Sumter, S.C., and points within 25 miles Boston, Staunton, Virginia Beach, W il­ gateway of the Atlanta, Ga., commercial thereof. zone and Bristol, Va.-Tenn., commercial liamsburg, and Winchester, Va. The pur­ zone. No. MC 109331 (Sub-No. E3), filed pose of this filing is to eliminate the gate­ May 12, 1974. Applicant: NILSON VAN way of Sumter, S.C., and points within No. MC 1075151 (Sub-No. E532), filed STORAGE,x 707 Security Federal Bldg., 25 miles thereof. January 27, 1975. Applicant: REFRIG­ Columbia, S.C. 29201. Applicant’s rep­ No. MC 109331 (Sub-No. E 7), filed May ERATED TRANSPORT CO., INC., P.O. resentative: Frank A. Graham, Jr. (same 12, 1974. Applicant: NILSON VAN Box 308, Forest Park, Ga. 33050. Appli­ as above). Authority sought to operate STORAGE, 707 Security Federal Bldg., cant’s representative: R. M. Tettlebaum, as a common cafrier, by motor vehicle, Columbia, S.C. 29201. Applicant’s repre­ Suite 375, 3379 Peachtree Rd., N.E., At­ over irregular routes, transporting: sentative: Frank A. Graham, Jr. (same lanta, Ga. 30326. Authority sought to Household goods, as defined by the Com­ as above). Authority sought to operate as operate as a common carrier, by motor mission, between Charleston, Columbia, a common carrier, by motor vehicle, over vehicle, over irregular routes, transport­ Florence, and Orangeburg, S.C., on the irregular routes, transporting: House­ ing: Frozen foods, in mechanically re­ one hand, and, on the other, Blackstone, hold goods, as defined by the Commission, frigerated vehicles, from Prattsville, Bristol, Charlottesville, Cheriton, Chris­ between Myrtle Beach, S.C., on the one N.Y., to California, Washington, Oregon, tiansburg, Culpeper, Danville, Franklin, hand, and, on the other, Bristol, Char­ Idaho, Nevada, Utah, Arizona, New Mex­ Fredericksburg, Hillsville, Lexington, lottesville, Christiansburg, Culpeper, ico, Colorado, Cheyenne, Wyo., and Lynchburg, Martinsville, Newport News, Danville, Fredericksburg, Hillsville, Lex­ points in Montana and Wyoming on or Norfolk, Richmond, Roanoke, S. Boston, ington, Lynchburg, Martinsville, Rich­ west of U.S. Highway 87. The purpose of Staunton, Virginia Beach, Williamsburg, mond, Roanoke, Staunton, Williamsburg, this_ filing is to eliminate the gateway of and Winchester, Va. The purpose of this and Winchester, Va. The purpose of this Bristol, Tenn. filing is to eliminate the gateway of Sum­ filing is to eliminate the gateway of No. MC 108449 (Sub-No. E62), filed ter, S.C., and points within 25 miles Sumter, S.C., and points within 25 miles May 21, 1974. Applicant: INDIANHEAD thereof. thereof. TRUCK LINE, INC., 1947 West County No. MC 109331 (Sub-No. E4), filed No. MC 109331 (Sub-No. E 8), filed May Road C, St. Paul, Minn*. 55113. Appli­ May 12, 1974, Applicant: NILSON VAN 12, 1974. Applicant: NILSON VAN cant’s representative: W. A. Myllenbeck STORAGE, 707 Security Federal Bldg., STORAGE, 707 Security Federal Bldg., (same as above). Authority sought to Columbia, S.C. 29201. Applicant’s repre­ Columbia, S.C. 29201. Applicant’s repre­ operate as a common carrier, by motor sentative: Frank A. Graham, Jr., (same sentative: Frank A. Graham, Jr. (same vehicle, over irregular routes, transport­ as above). Authority sought to operate as as above). Authority sought to operate as ing: Petroleum and petroleum products, a common carrier, by motor vehicle, over a common carrier, by motor vehicle, over as described in Appendix X III to the re­ irregular routes, transporting: House­ irregular routes, transporting: House­ port in Descriptions in Motor Carrier hold goods, as defined by the Commis­ hold goods, as defined by the Commission, Certificates, 61 M.C.C. 209, in bulk, in sion, between Conway, S.C., on the one between Spartanburg, S.C., on the one tank vehicles, from Eau Claire, Wise., hand, and, on the other, Bristol, Char­ hand, and, on the other, Cheriton, New­ and points within 20 miles thereof, to lottesville, Cheriton, Christiansburg, Cul­ port News, Norfolk, and Virginia Beach, points in North Dakota. The purpose of peper, Danville, Fredericksburg, Hills­ Va. The purpose of this filing is to elimi­ this filing is to eliminate the gateway of ville, Lexington, Lynchburg, Martinsville, nate the gateway of Sumter, S.C., and ,St. Cloud, Minn. Richmond, Roanoke, Staunton, W il­ points within 25 miles thereof. liamsburg, and Winchester, Va. The pur­ No. MC 109331 (Sub-No. E l), filed No. MC 109331 (Sub-No. E10), filed May 12, 1974. Applicant: NILSON VAN pose of this filing is to eliminate the gateway of Sumter, S.C., and points May 12, 1974. Applicant: NILSON VAN STORAGE, 707 Security Federal Bldg., STORAGE, 707 Security Federal Bldg., Columbia, S.C. 29201. Applicant’s repre- within 25 miles thereof. Columbia, S.C. 29201. Applicant’s repre­ resentative: Frank A. Graham, Jr. (same No. MC 109331 (Sub-No. E5), filed sentative: Frank A. Graham, Jr. (same as above). Authority sought to operate May 12, 1974. Applicant: NILSON VAN as above). Authority sought to operate

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17805

as â common carrier, by motor vehicle, as a common carrier, by motor vehicle, STORAGE, 707 Security Federal Bldg., over irregular routes, transporting: over irregular routes, transporting: Columbia, S.C., 29201. Applicant’s rep­ Household goods, as defined by the Com­ Household goods, as defined by the Com­ resentative: Frank A. Graham, Jr. (same mission, between Beaufort, S.C., on the mission, between Spartanburg, S.C. on as above). Authority sought to operate one hand, and, on the other, Blairsville, the one hand, and, on the other, Bain­ as a common carrier, by motor vehicle, Cedartown, and Rome, Ga. The purpose bridge, Brunswick, Savannah, Valdosta, over irregular routes, transporting: of this filing is to eliminate the gateway and Waycross, Ga. The purpose of this Household goods, as defined by the of Sumter, S.C., and points within 25 filing is to eliminate the gateway of Commission, between Greenville, S.C., on miles thereof. Sumter, S.C., and points within 25 miles the one hand, and, on the other, Boca No. MC 109331 (Sub-No. E ll), filed thereof. Raton, Chiefland, Cocoa, Daytona Beach, May 12, 1974. Applicant: NILSON VAN No. MC 109331 (Sub-No. E16),-filed Ft. Myers, Gainesville, Jacksonville, Key STORAGE, 707 Security Federal Bldg., May 12, 1974. Applicant: NILSON VAN West, Miami, Ocala, Okeechobee, Orlan­ Columbia, S.C. 29201. Applicant’s repre­ STORAGE, 707 Security Federal Bldg., do, St. Augustine, St. Petersburg, Sara­ sentative: Frank A. Graham, Jr. (same Columbia, S.C. 29201. Applicant’s rep­ sota, South Bay, Tampa, West Palm as above). Authority sought to operate resentative: Frank A. Graham Jr. (same Beach, and Winter Haven, F1&. The pur­ as a common carrier, by motor vehicle, as above). Authority sought to operate pose of this filing is to eliminate the over irregular routes, transporting: as a common carrier, by motor vehicle, gateway of Sumter, S.C., and points Household goods, as defined by the Com­ over irregular routes, transporting: within 25 miles thereof. mission, between Charleston, S.C., on the Household goods, as defined by the Com­ No. MC 109331 (Sub-No. E20), filed one hand, and, on the other, Albany, mission, between Anderson, S.C., on the May 12, 1974. Applicant; NILSON VAN Athens, Atlanta, Augusta, Bainbridge, one hand,, and, on the other, Boca STORAGE, 707 Security Federal Bldg., Blairsville, Cedartown, Columbus, Cor- Raton, Chiefland, Cocoa, Daytona Columbia, S.C., 29201. Applicant’s rep­ dele, Gainesville, Macon, Milledgeville, Beach, Ft. Myers, Gainesville, Jackson­ resentative : Frank A. Graham, Jr. (same Moultrie, and Rome, G a .T h e purpose ville, Key West, Lake City, Miami, as above). Authority sought to operate of this filing is to eliminate the gateway Ocala, Okeechobee, Orlando, St. Augus­ as a common carrier, by motor vehicle, of Sumter, S.C., and points within 25 tine, St. Petersburg, Sarasota, South over irregular routes, transporting: miles thereof. Bay, Tampa, West Palm Beach, and Household goods, as defined by the No. MC 109331 (Sub-No. E12), filed Winter Haven, Fla. The purpose of this Commission, between Greenville, S.C., on May 12, 1974. Applicant: NILSON VAN filing is to eliminate the gateway of the one hand, and, on the other, Boca STORAGE, 707 Security Federal Bldg., Sumter, S.C., and points within 25 miles Raton, Cocoa, Daytona Beach, Ft. Myers, Columbia, S.C. 29201. Applicant’s rep­ thereof. Gainesville, Key West, Miami, Ocala, resentative: Frank A. Graham, Jr. No. MC 109331 (Sub-No. E17), filed Okeechobee, Orlando, St. Petersburg, (same as above). Authority sought to May 12, 1974. Applicant: NILSON VAN Sarasota, South Bay, Tampa, West Palm operate as a common carrier, by motor STORAGE, 707 Security Federal Bldg., Beach, and Winter Haven, Fla. The pur­ vehicle, over irregular routes, transport­ Columbia, S.C., 29201. Applicant’s rep­ pose of this filing is to eliminate the ing: Household goods, as defined by the resentative: Frank A. Graham, Jr. (same gateway of Sumter, S.C., and points the Commission, (a) between Conway, as above). Authority sought to operate within 25 miles thereof. Florence, and Myrtle Beach, S.C., on as a common carrier, by motor vehicle, No. MC 109331 (Sub-No. E21), filed the one hand, and, on the other, Albany, over irregular routes, transporting: May 21, 1974. Applicant: NILSON VAN Athens, Atlanta, Augusta, Bainbridge, Household goods, as defined by the STORAGE, 707 Security Federal Bldg., Blairsville, Brunswick, Cedartown, Co­ Commission, between Charleston, S.C., Columbia, S.C. 29201. Applicant’s repre­ lumbus, Cordele, Gainesville, Macon, on the one hand, and, on the other, Boca sentative: Frank A. Graham, Jr. (same McRae, Milledgeville, Moultrié, Rome, Raton, Chiefland, Cocoa, Crestview, Ft. as above). Authority sought to operate Savannah, Swainsboro, Valdosta, and Myers, Key West, Miami, Ocala, as a common carrier, by motor vehicle, Waycross, Ga.; and (b) between Orange­ Okeechobee, Orlando, Panama City, Pen­ over irregular routes, transporting: burg, S.C., on the one hand, and, on the sacola, Perry, St. Petersburg, Sarasota, Household goods, as defined by the Com­ other, the destinations in (a) above (ex­ South Bay, Tallahassee, Tampa, West mission, between Spartanburg, S.C., on cept Augusta, Savannah, and Swains­ Palm Beach, and Winter Haven, Fla. the one hand, and, on the other, Boca boro, Ga.) ; and (c) between Columbia, The purpose of this filing is to eliminate Raton, Chiefland, Cocoa, Crestville, Day­ S.C., on the one hand, and, on the other, the gateway of Sumter, S.C., and points tona Beach, Ft. Myers, Gainesville, the destinations in (a) above (except within 25 miles thereof. Jacksonville, Key West, Lake City, Augusta, G a.). The purpose of this filing No. MC 109331 (Sub-No. E18), filed Miami, Ocala, Okeechobee, Orlando, is to eliminate the gateway of Sumter, Panama City, Perry, St. Augustine, St. S.C., and points within 25 miles thereof. May 12, 1974. Applicant: NILSON VAN STORAGE, 707 Security Federal Bldg., Petersburg, Sarasota, South Bay, Tal­ No. MC 109331 (Sub-No. E13), filed Columbia, S.C., 29201. Applicant’s rep­ lahassee, Tampa, West Palm Beach, May 12, 1974. Applicant: NILSON VAN resentative: Frank A. Graham, Jr. (same and Winter Haven, Fla. The purpose of STORAGE, 707 Security Federal Bldg., as above). Authority sought to operate this filing is to eliminate the gateway of Columbia, S.C. 29201. Applicant’s rep­ as a common carrier, by motor vehicle, Sumter, S.C., and points within 25 miles resentative: Frank A. Graham, Jr. (same over irregular routes, transporting: thereof. as above). Authority sought to operate as Household goods, as defined by the No. MC 109331 (Sub-No. E22), filed a common carrier, by motor vehicle, over Commission, between Columbia, Conway, May 12, 1974. Applicant: NILSON VAN irregular routes, transporting: House­ Florence, Myrtle Beach, and Orange­ STORAGE, 707 Security Federal Bldg., hold goods, as defined by the Commis­ burg, S.C,, on the one hand, and, on the Columbia, S.C. 29201. Applicant’s repre­ sion, between Greenville, S.C., on the other, Boca Raton, Chiefland, Cocoa, sentative: Frank A. Graham, Jr. (same one hand, and, on the other, Brunswick Crestview, Daytona Beach, Ft. Myers, as above). Authority sought to operate and Savannah, Ga. The purpose of this Gainesville, Jacksonville, Key West, as a common carrier, by motor vehicle, filing is to eliminate the gateway of Lake City, Miami, Ocala, Okeechobee, over irregular routes, transporting: Sumter, S.C., and points within 25 miles Orlando, Panama City, Pensacola, Perry, Household goods, as defined by the Com­ thereof. St. Augustine, St. Petersburg, Sarasota, mission, between Asheville, N.C., on the No. MC 109331 (Sub-No. E15), filed South .Bay, Tallahassee, Tampa, West one hand, and, on the other, Brunswick, Palm Beach, and Winter Haven, Fla. Savannah, Valdosta, and Waycross, Ga. May 12, 1974. Applicant: NILSON VAN The purpose of this filing is to eliminate The purpose of this filing is to eliminate STORAGE, 707 Security Federal Bldg., the gateway of Sumter, S.C., and points the gateway of Sumter, S.C., and points Columbia, S.C. 29201. Applicant’s rep­ within 25 miles thereof. within 25 miles thereof. resentative: Frank A. .Graham (same No. MC 109331 (Sub-No. E19), filed No. MC 109331 (Sub. No. E23), filed as above). Authority sought to operate May 12, 1974. Applicant: NILSON VAN May 12, 1974. Applicant: NILSON VAN

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17806 NOTICES

STORAGE, 707 Security Federal Bldg., No. MC 109331 (Sub-No. E27), filed Columbia, S.C. 29201. Applicant’s rep­ Columbia, S.C. 29201. Applicant’s rep­ May 12, 1974. Applicant: NILSON VAN resentative: Frank A. Grahona, Jr. resentative: Frank A. Graham, Jr. (same STORAGE, 707 Security Federal Bldg., (same as above). Authority sought to as above). Authority sought to operate Columbia, S.C. 29201. Applicant’s repre­ operate as a common carrier, by motor as a common carrier, by motor vehicle, sentative: Frank A. Graham, Jr. (same vehicle, over irregular routes, transport­ over irregular routes, transporting: as above). Authority sought to operate as ing: Household goods, as defined by the Household goods, as defined by the Com­ a common carrier, by motor vehicle, over Commission, between Charlotte, Cherry mission, between Burlington, N.C., oh irregular routes, transporting: House­ Point, Durham, Burlington, Elizabeth the one hand, and, on the other, Albany, hold goods, as defined by the Commis­ City, Fayetteville, Goldsboro, Greens­ Athens, Atlanta,' Augusta, Bainbridge, sion, between High Point, N.C., and boro, Henderson, High Point, Jack­ Brunswick, Cedartown, Columbus, Cor­ Statesville, N.C., on the one hand, and, sonville, Kinston, Lumberton, Raleigh, dele, Macon, McRae, Milledgeville, on the other, Albany, Augusta, Bain­ Rocky Mount, Statesville, Wilkesboro, Moultrie, Rome, Savannah, Swainsboro, bridge, Brunswick, Columbus, Cordele, Wilmington, and Winston-Salem, N.C., Valdosta, and Waycross, Ga. The pur­ Macon, McRae, Milledgeville, Moultrie, on the one hand, and, on the other, pose of this filing is to eliminate the Savannah, Swainsboro, Valdosta, and Boca Raton, Chiefland, Cocoa, Crest- gateway of Sumter, S.C., and points Waycross, Ga. The purpose of this filing view, Daytona Beach, Ft. Myers, Gaines­ within 25 miles thereof. is to eliminate the gateway of Sumter, ville, Jacksonville, Key West, Lake City, S.C., and points within 25 miles thereof. No. MC 109331 (Sub-No. E24), filed Miami, Ocala, Okeechobee, Orlando, Pan­ May 12, 1974. Applicant: NILSON VAN No. MC 109331 (Sub-No. E28), filed ama City, Pensacola, Perry, St. Augus­ STORAGE, 707 Security Federal Bldg., May 12, 1974. Applicant: NILSON VAN tine, St. Petersburg, Sarasota, South Bay, Columbia, S.C. 29201.'Applicant’s rep­ STORAGE, 707 Security Federal Bldg., Tallahassee, Tampa, West Palm Beach, resentative: Frank A. Graham, Jr. (same Columbia, S.C. 29201. Applicant’s repre­ and Winter Haven, Fla. The purpose of as above). Authority sought to operate sentative: Frank A. Graham, Jr. (same this filing is to eliminate the gateway as a common carrier, by motor vehicle, as above). Authority sought to operate as of Sumter, S.C., and points within 25 over irregular routes, transporting: a common carrier, by motor vehicle, over miles thereof. Household goods, as defined by the Com­ irregular routes, transporting: House­ No. MC 110683 (Sub-No. E3), filed mission, between Charlotte, N.C., on the hold goods, as defined by the Commis­ June 4, 1974. Applicant: SM ITH’S one hand, and, on the other, Albany, sion, between Wilkesboro, N.C., on the TRANSFER CORPORATION, P.O. Box Augusta, Bainbridge, Brunswick, Co­ one hand, and, on the other, Albany, 1000, Staunton, Va. 24401. Applicant’s lumbus, Cordele, Macon, McRae, M il­ Augusta, Bainbridge, Brunswick, Cordele, representative: Harry J. Jordan, 1000 ledgeville, Moultrie, Savannah, Swains­ Macon, McRae, Milledgeville, Moultrie, 16th St. NW., Washington, D.C. 20036. boro, Valdosta, and Waycross, Ga. The Savannah, Swainsboro, Valdosta, and Authority sought to operate as a common purpose of this filing is to eliminate the Waycross, Ga. The purpose of this filing carrier, by motor vehicle, over irregular gateway of Sumter, S.C., and points is to eliminate the gateway of Sumter, routes, transporting: General commod­ within 25 miles thereof. S.CM and points within 25 miles thereof. ities, except those of unusual value, No. MC 109331 (Sub-No. E25), filed No. MC 109331 (Sub-No. E29), filed Classes A and B explosives, household May 12, 1974. Applicant: NILSON VAN May 12, 1974. Applicant: NILSON VAN goods as defined by the Commission, STORAGE, 707 Security Federal Bldg., STORAGE, 707 Security Federal Bldg., commodities in bulk, and those injurious Columbia, S.C. 29201. Applicant’s repre­ Columbia, S.C. 29201. Applicant’s repre­ or contaminating to other lading, (1) sentative: Frank A. Graham, Jr. (same sentative: Frank A. Graham, Jr. (same between points in that part of Ohio on as above). Authority sought to operate as above). Authority sought to operate as and west of a line beginning at Cincin­ as a common carrier, by motor vehicle a common carrier, by motor vehicle, over nati, Ohio, thence over U.S. Highway 75 over irregular routes, transporting: irregular routes, transporting: House­ to its junction with U.S. Highway 36, Household goods, as defined by the Com­ hold goods, as defined by the Commis­ thence over U.S. Highway 36 to its junc­ mission, between Cherry Point, Durham, sion, between Winston-Salem, N.C., on tion with U.S. Highway 23, thence over Elizabeth City, Fayetteville, Goldsboro, the one hand, and, on the other, Albany, US. Highway 23 to its junction with U.S. Henderson, Jacksonville, Kinston, Lum- Augusta, Bainbridge, Brunswick, Cedar­ Highway 30, thence over U.S. Highway berton, Raleigh, Rocky Mount, and W il­ town, Columbus, Cordele, Macon, Mc­ 30 to the Ohio-Indiana State line, on the mington, N.C., on the one hand, and, on Rae, Milledgeville, Moutrie, Savannah, one hand, and, on the other, points in the other, Albany, Athens, Atlanta, Au­ Swainsboro, Valdosta, and Waycross, Ga. Kentucky, except those east of a line gusta, Bainbridge, Blairsville, Brunswick, The purpose of this filing is to eliminate beginning at the West Virginia-Ken­ Cedartown, Columbus, Cordele, Gaines­ the gateway of Sumter, S.C., and points tucky State line, thence along Kentucky ville, Macon, McRae, Milledgeville, Moul­ within 25 miles thereof. Highway 32 to its junction with Ken­ trie, Rome, Savannah, Swainsboro, Val­ tucky Highway 11, thence over Kentucky No, MC 109331 (Sub-No. E30), filed Highway 11 to the Ohio-Kentucky State dosta, and Waycross, Ga. The purpose of May 12, 1974. Applicant: NILSON VAN this filing is to eliminate the gateway of line. (2) Between points in that part of STORAGE, 707 Security Federal Bldg., Ohio bounded by a line beginning at the Sumter, S.C., and points within 25 miles Columbia, S.C. 29201. Applicant’s rep­ thereof. Ohio-Kentucky State line at Cincinnati, resentative: Frank A. Grahona, Jr. Ohio, thence over US. Highway 75 to its No. MC 109331 (Sub-No. E26), filed (same as above). Authority sought to op­ junction with U S. Highway 36, thence May 12, 1974. Applicant: NILSON VAN erate as a common carrier, by motor ve­ over U.S. Highway 36 to its junction with STORAGE, 707 Security Federal Bldg., hicle, over irregular routes, transporting: US. Highway 23, thence over U.S. High­ Columbia, S.C. 29201. Applicant’s repre­ Household goods, as defined by the Com­ way 23 to its junction with US. Highway sentative: Frank A. Graham, Jr. (same mission, between Asheville, N.C., on the 22, thence over US. Highway 22 to its as above). Authority sought to operate one hand, and, on the other, Boca Raton, junction with U.S. Highway 75 at Cin­ as a common carrier, by motor vehicle, Chiefland, Cocoa, Daytona Beach, Ft. cinnati, Ohio, on the one hand, and, on over irregular routes, transporting: Myers, Gainesville, Jacksonville, Key the other, points in Kentucky on and Household goods, as defined by the Com­ West, Lake City, Miami, Ocala, Okeecho­ west of a line beginning at the Tennes­ mission, between Greensboro, N.C., on bee, Orlando, Perry, St. Augustine, St. see-Kentucky State line, thence along the one hand, and, on the other, Albany, Petersburg, Sarasota, South Bay, Tampa, U S. Highway 75 to its junction with U.S. Athens, Atlanta, Augusta, Bainbridge, West Palm Beach, Winter Haven, Fla. Highway 27, thence over US. Highway Brunswick, Cedartown, Columbus, Cor­ The purpose of this filing is to eliminate 27 to the Ohio-Kentucky State line. dele, Macon, McRae, Milledgeville, Moul­ (3) Between points in that part of trie, Savannah, Swainsboro, Valdosta, the gateway of Sumter, S.C., and points within 25 miles of thereof. Ohio bounded by a line beginning at and Waycross, Ga. The purpose of this Cincinnati, Ohio, thence over U.S. High­ filing is to eliminate the gateway of Sum­ No. MC 109331 (Sub-No. E31), filed way 22 to its junction with U.S. High­ ter, S.C., and points within 25 miles May 12, 1974. Applicant: NILSON VAN way 23, thence along US. Highway 23 to thereof. STORAGE, 707 Security Federal Bldg., its junction with Ohio Highway 124,

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17807

thence over Ohio Highway 124 to its tor vehicle, over irregular routes, trans­ vehicle, over irregular routes, transport­ junction with Ohio Highway 41, thence porting: Used, damaged, rejected, or ing: Used, damaged, rejected, or defec­ over Ohio Highway 41 to the Ohio-Ten- defective trucks, trailers, and other tive trucks, trailers, and other types of nessee State line, on the one hand, and types of motor vehicles (except passenger motor vehicles (except passenger auto­ on the other, points in Kentucky on and automobiles), but including self-pro­ mobiles) , but including self-propelled west of Interstate Highway 75. (4) be­ pelled road building and contractor’s road building and contractors’ vehicles or tween points in that part of Ohio vehicles or machinery, in driveaway and machinery, in driveaway and truckaway bounded by a line beginning at Aberdeen, truckaway service, between points in service, between points in that part of Ohio, thence over Ohio Highway 41 to that part of New York on and east of a New York on and north of a line begin­ its junction with Ohio Highway 124, line beginning at the Pennsylvania-New ning at Hancock, N.Y.', thence along New thence over Ohio Highway 124 to its York State line, thence along New York York Highway 17 to junction New York junction with U.S. Highway 23, thence Highway 16 to junction New York High­ Highway 52, thence along New York over U.S. Highway 23 to Portsmouth, way 78, thence along New York High­ Highway 52 to junction U.S. Highway 44, Ohio, on the one hand, and, on the other, way 78 to Lake Ontario, on the one thence along U.S. Highway 44 to the New points in Kentucky on and west of a line hand, and, on the other, points in Ne­ York-Connecticut State line, on the one beginning at the Tennessee-Kentucky braska. The purpose of this filing is to hand, and, on the other, points in South State line, thence over Kentucky High­ eliminate the gateway of Elmira Heights, Carolina. The purpose of this filing is to way 79 to its junction with U.S. Highway N.Y. eliminate the gateway of Elmira Heights, N.Y. 60, thence over U.S. Highway 60 to its No. MC 111320 (Sub-No. E34), filed junction with U.S. Highways 42-41, May 31, 1974. Applicant: KEEN TRANS­ No. MC 111320 (Sub-No. E37), filed thence over U.S. Highways 42-41 to the PORT, INC., P.O. Box 668, Hudson, Ohio May 31,1974. Applicant: KEEN TRANS­ Indiana-Kentucky State line. The pur­ 44236. Applicant’s representative: L. E, PORT, INC., P.O. Box 668, Hudson, Ohio pose of this filing is to eliminate the Gresh (same as above). Authority sought 44236. Applicant’s representative: L. E. gateway of Cincinnati, Ohio. to operate as a common carrier, by mo­ Gresh (same as above). Authority sought No. MC 111320 (Sub-No. E31), filed tor vehicle, over irregular routes, trans­ to operate as a common carrier, by motor May 31,1974. Applicant: KEEN TRANS­ porting: Used, damaged, rejected, or vehicle, over irregular routes, transport­ PORT, INC., P.O. Box 668, Hudson, Ohio defective trucks, trailers, and other ing: Used, damaged, rejected, or defec­ 44236. Applicant’s representative: L. E. types of motor vehicles (except passenger tive trucks, trailers, and other types of Gresh (same as above). Authority sought automobiles), but including self-pro­ motor vehicles (except passenger auto­ to operate as a common carrier, by motor pelled road building and contractor’s mobiles) , but including self-propelled vehicle, over irregular routes, transport­ vehicles or machinery, in driveaway and road building and contractors’ vehicles ing: Used, damaged, rejected, or defec­ truckaway service, between points in or machinery, in driveaway and truck­ tive trucks, trailers, and other types of that part of New York on and east of a away service, between points in that part motor vehicles (except passenger auto­ line beginning at the New York-Pennsyl- of New York on and west of a line begin­ mobiles) , but including self-propelled vania State line, thence along New York ning at the New York-Pennsylvania road building and contractor’s vehicles Highway 16 to junction New York High­ State line, thence along New York High­ or machinery, in driveaway and truck - way 78, thence along New York Highway way 14 to junction New York Highway away service, between points in that part 78 to Lake Ontario, on the one hand, 13, thence along New York Highway 13 of New York, on and east of a line be­ and, on the. other, points in Kansas. The to junction New York Highway 34, ginning at Lake Erie, thence along New purpose of this filing is to eliminate the thehce along New York Highway 34 to York Highway 16 to the New York-Penn- gateway of Elmira Heights, N.Y. junction New York Highway 38, thence sylvania State line, on the one hand, and, No. MC 111320 (Sub-No. E35), filed along New York Highway 38 to junction on the other, points in Oklahoma. The May 31,1974. Applicant: KEEN TRANS­ New York Highway 104, thence along purpose of this filing is to eliminate the PORT, INC., P.O. Box 668, Hudson, Ohio New York Highway 104 to Lake Ontario, gateway of Elmira Heights, N.Y. 44236. Applicant’s representative: L. E. on the one hand, and, on the other, No. MC 111320 (Sub-No. E32), filed Gresh (same as above). Authority sought points in that part of New Jersey on and May 31, 1974. Applicant: KEEN TRANS­ to operate as a common carrier, by mo­ south of a line beginning at the New PORT, INC., P.O. Box 668, Hudson, Ohio tor vehicle, over irregular routes, trans­ York-New Jersey State line, thence along 44236. Applicant’s representative: L. E. porting: Used, damaged, rejected, or U.S. Highway 202 to junction Interstate Gresh (same as above). Authority sought defective trucks, trailers, and other Highway 80, thence along Interstate to operate as a common carrier, by motor types of motor vehicles (except passenger Highway 80 to the Hudson River. The vehicle, over irregular routes, transport­ automobiles), but including self-pro­ purposes of this filing is to eliminate the ing: Used, damaged, rejected, or defec­ pelled road building and contractors’ gateway of Elmira Heights, N.Y. tive trucks, trailers, and other types of vehicles or machinery, in driveaway and No. MC 111320 (Sub-No. E38), filed motor vehicles (except passenger auto­ truckaway service, between points in May 31, 1974. Applicant: KEEN TRANS­ mobiles) , but including self-propelled that part of New York on and east of a PORT, INC., P.O. Box 668, Hudson, Ohio road building and contractor’s vehicles line beginning at the New York-Pennsyl­ 44236. Applicant’s representative: L. E. or machinery, in driveaway and truck- vania State line, thence along New York Gresh (same as above). Authority away service, between points in that part Highway 16 to junction New York High­ sought to operate as a common carrier, of New York on and east of a line be­ way 78, thence along New York Highway by motor vehicle, over irregular routes, ginning at the Pennsylvania-New York 78 to Lake Ontario, and on and north of transporting: Used, damaged, rejected, State line, thence along New York High­ a line beginning at Hancock, N.Y., thence or defective trucks, trailers, and other way 19 to junction New York Highway along New York Highway 17 to junction types of motor vehicles (except passen­ 63, thence along New York Highway 63 New York Highway 30, thence along New ger automobiles), but including self- to junction New York Highway 98, thence York Highway 30 to junction New York propelled road building and contractors’ along New York Highway 98 to Lake Highway 7, thence along New York High­ vehicles or machinery, In driveaway and Ontario, on the one hand, and, on the way 7 to the New York-Vermont State truckaway service, between points in other, points in Minnesota and Alabama. line, on the one hand, and, on the other, that part of New York on and west The purpose of this filing is to .eliminate points in Virginia. The purpose of this of a line beginning at the New York- the gateway of Elmira Heights, N.Y. filing is to eliminate the gateway of _ Pennsylvania State line, thence along Elmira Heights, N.Y. No. MC 111320 (Sub-No. E33), filed New York Highway 14 to junction New May 31, 1974. Applicant: KEEN TRANS­ No’. MC 111320 (Sub-No. E36), filed" York Highway 96, thence along New May 31, 1974. Applicant: KEEN TRANS­ York Highway 96 to junction New York PORT, INC., P.O. Box 668, Hudson, Ohio PORT, INC., P.O. Box 668, Hudson, Ohio Highway 250, thence along New York 44236. Applicant’s representative: L. E. 44236. Applicant’s representative: L. E. Highway 250 to Lake Ontario, on the One Gresh (same as above). Authority sought Gresh (same as above). Authority sought hand, and, on the other, points in Con­ to operate as a common carrier, by mo­ to operate as a common carrier, by motor necticut arid Rhode Island. The pur-

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17808 NOTICES pose of this filing .is to eliminate the Gresh (same as above). Authority sought junction Michigan Highway 21, thence gateway of Elmira Heights, N.Y. to operate as a common carrier, by motor along Michigan Highw’ay 21 to junction No. MC 111320 (Sub-No. E39), filed vehicle, over irregular routes, transport­ Michigan Highway 52, thence along May 31, 1974. Applicant: KEEN TRANS­ ing: Self-propelled road building equip­ Michigan Highway 52 to junction Michi- PORT, INC., P.O. Box 668, Hudson, Ohio ment, and parts thereof, in driveaway gan.Highway 46, thence along Michigan 44236. Applicant’s representative: L. E. and truckaway service, between points in Highway 46 to Lake Huron; (3) between Gresh (same as above). Authority that part of Ohio on, north, and east of points in that part of Ohio on, east, and sought to operate as a common carrier, a line beginning at the Ohio-West Vir­ north of a line beginning at Lake Erie, ginia State line, thence along U.S. High­ by motor vehicle, over irregular routes, thence along Ohio Highway 4 to junction transporting: Self-propelled road build­ way 22 to junction U.S. Highway 250, U.S. Highway 224, thence along U.S. ing equipment, and parts thereof, in thence along U.S. Highway 250 to junc­ Highway 224 to the Ohio-Pennsylvania driveaway and truckaway service, be­ tion U.S. Highway 36, thence along U.S. State line, on the one hand, and, on the Highway 36 to junction U.S. Highway 33, tween points in that part of Ohio on, other, points in Kentucky. east, and north of a line beginning at thence along U.S. Highway 33 to the (4) Between points in that part of Ohio-Indiana State line, on the one the Ohio-West Virginia State line, thence Ohio on and west of Interstate Highway hand, and, on the other, points in Flor­ along U.S. Highway 22 to junction U.S. 77, on the one hand, and, on the other, ida. The purpose of this filing is to elim­ Highway 250, thence along U.S. High­ points in that part of New York on and inate the gateway of Lorain, Ohio. way 250 to junction U.S. Highway 30, north of a line beginning at the New thence along U.S. Highway 30 to junc­ No. MC 111320 (Sub-No. E43), filed York-Pennsylvania State line, thence tion U.S. Highway 23, thence along U.S. May 31, 1974. Applicant: KEEN TRANS­ along New York Highway 17 to junction Highway 23 to the Ohio-Michigan State PORT, INC., P.O. Box 668, Hudson, Ohio New York Highway 52, thence along New line, on the one hand, and, on the other, 44236. Applicant’s representative: L. E. York Highway 52 to junction U.S. High­ points in Alabama. The purpose of this Gresh (same as above). Authority sought way 209, thence along U.S. Highway 209 filing is to eliminate the gateway of to operate as a common carrier, by motor to junction U.S. Highway 44, thence Lorain, Ohio. vehicle, over irregular routes, transport­ along U.S. Highway 44 to the New York- ing: Self-propelled road building, equip­ Connecticut State line; and (5) between No. MC 111320 (Sub-No. E40), filed ment, and parts thereof, in driveaway points in that part of Ohio on and north May 31,1974. Applicant: KEEN TRANS­ and truckaway service, between points in of a line beginning at the Ohio-Indiana PORT, INC., P.O. Box 668, Hudson, Ohio that part of Ohio on, north, and east of a State line, thence along U.S. Highway 6 44236. Applicant’s representative: L. E. fine beginning at the Ohio-West Virginia to junction U.S. Highway 20, thence Gresh (same as above). Authority State-line, thence along U.S. Highway 22 along U.S. Highway 20 to junction In ­ sought to operate as a common carrier, to junction Interstate Highway 77, terstate Highway 80, thence along In ­ by motor vehicle, over irregular routes, thence along Interstate Highway 77 to terstate Highway 80 to junction Inter­ transporting: Self-propelled road build­ junction Ohio Highway 60, thence along state Highway 271, thence along Inter­ ing equipment, and parts thereof, in Ohio Highway 60 to junction U.S. High­ state Highway 271 to junction Interstate driveaway and truckaway service, be­ way 36, thence along U.S. Highway 36 to Highway 90, thence along Interstate tween points in that part of Ohio on, junction U.S. Highway 68, thence along Highway 90 to the Ohio-Pennsylvania north, and east of a line beginning at U.S. Highway 68 to junction Interstate State line, on the one hand, and, on the the Ohio-West Virginia State line, thence Highway 75, thence along Interstate other, points in that part of West Vir­ along Interstate Highway 70 to junction Highway 75 to junction U.S. Highway 23, ginia on and east of Interstate Highway Interstate Highway 77, thence along In­ thence along U.S. Highway 23 to the 77. The purpose of this filing is to elim­ terstate Highway 77 to junction U.S. Ohio-Michigan State line, on the one inate the gateway of Lorain, Ohio. Highway 36, thence along U.S. Highway hand, and, on the other, points in Lou­ No. MG 111320 (Sub-No. E45), filed 36 to junction U.S. Highway 23, thence isiana. The purpose of this filing is to May 31,1974. Applicant: KEEN TRANS­ along U.S. Highway 23 to the Ohio- eliminate the gateway of Lorain, v Ohio. PORT, INC., P.O. Box 668, Hudson, Ohio Michigan State line, on the one hand, 44236. Applicant’s representative: L. E'. and, on the other, points in Arkansas. No. MC 111320 (Sub-No. E44), filed May 31, 1974. Applicant: KEEN TRANS­ Gresh (same as above). Authority sought The purpose of this filing is to eliminate to operate as a common carrier, by motor the gateway of Lorain, Ohio. PORT, INC., P.O. Box 668, Hudson, Ohio 44236. Applicant’s representative: L. E. vehicle, over irregular routes, transport­ No. MC 111320 (Sub-No. E41), filed Gresh (same as above). Authority sought ing: Self-propelled road building equip­ May 31,1974. Applicant: KEEN TRANS­ to operate as a cqmmon carrier, by motor ment, and parts thereof, in driveaway PORT, INC., P.O. Box 668, Hudson, Ohio vehicle, over irregular routes, transport­ and truckaway service, between points in 44236. Applicant’s representative: L. E. ing: Self-propelled road building equip­ that part of Ohio on and east of a line Gresh (same as above). Authority ment, and parts thereof, in driveaway beginning at Lake Erie, thence along sought to operate as a common carrier, and truckaway service; (1) between Ohio Highway 4 to junction U.S. High­ by motor vehicle, over irregular routes, points in that part of Ohio east and way 23, thence along U.S. Highway 23 transporting: Self-propelled road build­ north of a line beginning at Lake Erie, to junction U.S. Highway 62, thence ing equipment, and parts thereof, in thence along Ohio Highway 57 to junc­ along U.S. Highway 62 to the Ohio-Ken- driveaway and truckaway service, be­ tion Interstate Highway 76, thence along tucky State line, on the one hand, and, tween points in that part of Ohio on Interstate Highway 76 to junction U.S. on the other, points in that part of Min­ and east of a line beginning at the Ohio- Highway 21, thence along U.S. Highway nesota on, north, and west of a line be­ Michigan State line, thence along U.S. 21 to junction U.S. Highway 30, thence ginning at the Wisconsin-Minnesota Highway 23 to junction Interstate High­ along U.S. Highway 30 to the Ohio-West State line, thence along U.S. Highway 12 way 75, thence along Interstate High­ Virginia State line, on the one hand, and, to junction Interstate Highway 35, way 75 to junction U.S. Highway 35, on the other, points in Indiana; (2) be­ thence along Interstate Highway 35 to thence along U.S. Highway 35 to junc­ tween points in that part of Ohio on and junction U.S. Highway 218, thence along tion U.S. Highway 23, thence along U.S. east of a line beginning at Lake Erie, U.S. Highway 218 to the Minnesota-Iowa Highway 23 to the Ohio-Kenthcky thence along U.S. Highway 250 to junc­ State line. The purpose of this filing is State line, on the one hand, and, on tion Ohio Highway 13, thence along Ohio to eliminate the gateway of Lorain, Ohio. the other, points in Colorado. The pur­ Highway 13 to junction U.S. Highway pose of this filing is to eliminate the 33, thence along U.S. Highway 33 to the No. MC 111320 (Sub-No. E46), filed gateway of Lorain, Ohio. Ohio-West Virginia State line, on the May 31, 1974. Applicant: KEEN TRANS­ No. MC 111320 (Sub-No. E42), filed one hand, and, on the other, points in PORT, INC., P.O. Box 668, Hudson, Ohio May 31, 1974. Applicant: KEEN TRANS­ that part of Michigan on and north of 44236. Applicant’s representative: L. E. PORT, INC., P.O. Box 668, Hudson, Ohio a line beginning at Lake Michigan, Gresh (same as above). Authority sought 44236. Applicant’s representative: L. E. thence along Interstate Highway 96 to to operate as a common carrier, by motor

/ FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 NOTICES 17809

vehicle, over irregular routes, transport­ irregular routes, transporting: General the same routes; between Biggs, Oreg., ing: Self-propelled road building equip­ commodities, which are at the time mov­ and Portland, Oreg., in connection with ment, and parts thereof, in driveaway ing on bills of lading of freight for­ carrier’s authorized regular and alter­ and truckaway service, between points in warders, as defined in Section 402(a) nate route operations, serving no inter­ that part of Ohio east and north of a line of the Act, from Chicago, HI., to poifits mediate points, and serving Biggs, Oreg., beginning at the Ohio-Michigan State in Richmond, Va., for 180 days. Support­ for joinder purposes only; from Biggs, line, thence along U.S. Highway 23 to ing shipper: Universal Carloading “ & Oreg., over Interstate Highway 80N to junction Interstate Highway 75, thence Distributing Company, 345 Hudson Portland, Oreg., and return over the same along Interstate Highway 75 to junction Street, New York, N.Y. 10014. Send pro­ route. U.S. Highway 6, thence along U.S. High­ tests to: Keith D. Warner, District Between Ogden, Utah and Prosser, way 6 to junction U.S. Highway 23, Supervisor, Bureau of Operations, Inter­ Wash., in connection with carrier’s au­ thence along U.S. Highway 23 to junc­ state Commerce Commission, 313 Fed­ thorized regular and alternate route op­ tion U.S. Highway 30N, thence along eral Office Bldg., 234 Summit Street, To­ erations, serving the junction of Inter­ U.S. Highway 30N to junction U.S. High­ ledo, Ohio 43604. state Highway 15W and Interstate High­ way 30, thence along U.S. Highway 30 to No. MC 17051 (Sub-No. 14TA), filed way 80N for joinder purposes only, and junction U.S. Highway 250, thence along April 10, 1975. Applicant: BARNET’S serving the termini for joinder purposes U.S. Highway 250 to the Ohio-West Vir­ EXPRESS, INC., 758 Lidgerwood Ave., only; from Ogden, Utah over interstate ginia State line, on the one hand, and, on Elizabeth, N.J. 07202. Applicant’s repre­ Highway 80N to junction U.S. Highway the other, points in that part of Georgia sentative: S. Michael Richards, 44 North 395, thence over U.S. Highway 395 to east and south of U.S. Highway 19. The Avenue, Webster, N.Y. 14580. Authority junction U.S. Highway 730, thence over purpose of this filing is to eliminate the sought to operate as a common carrier, U.S. Highway 730 to junction unnum­ gateway of Lorain, Ohio. by motor vehicle, over irregular routes, bered highway (bridge over the Colum­ By the Commission. transporting: Wearing apparel, equip­ bia River) at or near Umatilla, Oreg., ment, materials and supplies used or thence over unnumbered highway to [ s e a l ] R obert L. O s w a l d , useful in the manufacture and sale of junction Washington Highway 14, thence Secretary. wearing apparel, between the facilities over Washington Highway 14 to junction [P R Doc.75-10486 Piled 4-21-75;8:45 am] of Cooper Sportswear Manufacturing Washington Highway 221, thence over Co., Inc., at Newark, N.J., and the facili­ Washington Highway 221 to Prosser, ties of Fulton Shirt Co., at Elizabeth, Wash., and return over the same routes; [Notice No. 43] N.J., on the one hand, and, on the other, between junction U.S. Highway 30N and MOTOR CARRIER TEMPORARY Mapletree, Ala., Bridgeport, Conn., Fall Interstate Highway 80 and junction In ­ AUTHORITY APPLICATIONS River, Mass., Lumberton, Delco, and terstate Highway 15W and Interstate Faison, N.C., Blairsville; Altoona, Nor- Highway 80N, serving no intermediate A p r il 18,1975. velt, Perryopolis, Reading, Scranton, and points; from junction U.S. Highway 30N The following are notices of filing of Wilkes-Barre, Pa., Norfolk, Va., and and Interstate Highway 80 over U.S. application, except as otherwise specifi­ Parkersburg, W. Va., for 180 days. Sup­ Highway SON to junction Interstate cally noted, each applicant states that porting shipper: Fulton Shirt Co., 585 Highway 15, thence over Interstate High­ there will be no significant effect on the Division Street, Elizabeth, N.J. Send pro­ way 15 to junction Interstate Highway quality of the human environment re­ tests to: Robert E. Johnston, District 15W, thence over Interstate Highway sulting from approval of its application, Supervisor, Bureau of Operations, Inter­ 15W to junction Interstate Highway 80N, for temporary authority under section state Commerce Commission, 9 Clinton and return over the same routes: Re­ 210a (a) of the Interstate Commerce Act St., Newark, N.J. 07102. striction: The authority described above provided for under the new rules of Ex is restricted to the transportation of Parte No. MC 67 (49 CFR 1131), pub­ No. MC 52709 (Sub-No. 331TA), filed traffic moving to, from or through Den­ April 8, 1975. Applicant: RIGSBY lished in the F ederal R eg ister , issue of ver, Colorado or Cheyenne, Wyoming. April 27, 1965, effective July 1, 1965. TRUCK LINES, INC., 5773 South Prince Supporting shipper: None. Send protests These rules provide that protests to the Street, Littleton, Colo. 80120. Applicant’s to: Roger L. Buchanan, District Super­ granting of an application must be filed representative: Alvin J. Meiklejohn, Jr., visor, Interstate Commerce Commission, Suite 1600 Lincoln Center, 1660 Lincoln with the field official named in the F ed­ 1961 Stout Street, 2022 Federal Bldg., Street, Denver, Colo. 80203. Authority eral R eg ister publication, within 15 cal­ Denver, Colo. 80202. endar days after the date of notice of the sought to operate as a common carrier, filing of the application is published in by motor vehicle, over regular routes, No. MC 59662 (Sub-No. l ^ A ) , filed transporting: General commodities (ex­ April 4, 1975. Applicant: HENRY the F ederal R e g ister . One copy of such protests must be served on the appli­ cept those of unusual value, Classes A VROOM & SON, INC., P.O. Box 66, cant, or its authorized representative, if and B explosives, household goods as Brighton Station, Detroit, Mich. 48223. any, and the protests must certify that defined by the Commission, commodities Applicant’s representative: William P. such service has been made. The pro­ in bulk, and those requiring special Sullivan, 1819 H Street NW., Washing­ tests must be specific as to the service equipment), between Ogden, Utah and ton, D.C. 20006. Authority sought to op­ which such protestant can and will offer, Maryhill, Wash., in connection with car­ erate as a contract carrier, by motor ve­ and must consist of a signed original and rier’s authorized regular and alternate hicle, over irregular routes, transport­ six (6) copies. route operations,, serving Biggs, Oreg,, ing: Such merchandise as is dealt in by A copy of the application is on file, for joinder purposes only, and serving wholesale, retail, and chain grocery and and can be examined at the Office of the the termini for joinder purposes only; food business houses, and equipment, Secretary, Interstate Commerce Com­ from Ogden, Utah over Interstate High­ materials and supplies used in the con­ mission, Washington, D.C., and also in way SON to junction U.S. Highway 97, duct of such business, between Detroit, field office to which protests are to be thence over U.S. Highway 97 to Mary­ Mich., on the one hand, and, on the transmitted. hill, Wash;, and return over the same other, points in Sandusky, Allen, Wood, routes; between Ogden, Utah and Junc­ Williams, Hancock, Seneca, Defiance, M otor C arriers o f P r o per ty tion Interstate Highway 82 and Inter­ Ottawa, Erie, Fulton, Lucas, Guyahoga, No. MC 13900 (Sub-No, 25TA), filed state Highway 90, in connection with and Franklin Counties, Ohio and points April 10, 1975. Applicant: MIDWEST carrier’s authorized regular and alter­ in Allen, Kosciusko, and Steuben Coun­ HAULERS, INC., 228 Superior Street, nate route operations serving no inter­ ties, Ind., for the account of the Great Toledo, Ohio 43604. Applicant’s repre­ mediate points, and serving the termini Atlantic & Pacific Tea Company, for 180 for joinder purposes only; from Ogden, sentative: Harold G. Hernly, 118 North days. Supporting shipper: The Great A t­ St. Asaph St., Alexandria, Va. 22314. Utah over Interstate Highway 80N to junction Interstate Highway 82, thence lantic & Pacific Tea Company, Inc., As­ Authority sought to operate as a com­ over Interstate Highway 82 to junction sistant to the Director, Traffic & Trans­ mon carrier, by motor vehicle, over Interstate Highway 90, and return over portation, Carl L. Haderer, 2 Paragon

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17810 NOTICES

Drive, Montvale, N.J. 07645. Send pro­ Portland, Oregon and Spokane, Wash­ rier (same address as applicant). Au­ tests to: Melvin F. Kirsch, District Su­ ington,/ for 180 days. Supporting ship­ thority sought to operate as a common pervisor, Interstate Commerce Commis­ per: None. Send protests to: Roger L. carrier, by motor vehicle, over irregular sion, Bureau of Operations, 1110 Broder­ Buclaanan, District Supervisor, Inter­ routes, transporting: Borate rock, ick Tower, 10 Witherell Ave., Detroit, state Commerce Commission, 1961 Stout ground, in bulk, between points in An­ Mich. 48226. Street, 2022 Federal Bldg., Denver, Colo. derson, South Carolina and Jackson, No. MC 101735 (Sub-No. 3 T A ), filed 80202. Tenn., for 180 days. Supporting shipper: April 10, 1975. Applicant: EDWARD G. No. MC 112750 (Sub-No. 318TA), filed Owens/Coming Fiberglas Corporation, GENTZKOW, doing business as GENTZ- April 9, 1975. Applicant: PUROLATOR P'.O. Box 1367, Anderson, S.C. 29621’. KO W TRUCKING SERVICE, P.O. Box COURIER CORP., 2 Nevada Drive, Lake Send protests to: Archie W. Andrews, 98, LaMoure, N. Dak. 58458. Applicant’s Success, N.Y. 11040. Applicant’s rep­ District Supervisor, Bureau of Opera­ representative: Gene P. Johnson, 425 resentative: John M. Delany (same ad­ tions, Interstate Commerce Commission, Gate City Bldg., Fargo, N. Dak. 58102. dress as applicant). Authority sought to P.O. Box 26896, Raleigh, N.C. 27611. Authority sought to operate as a common operate as a contract carrier, by motor No. MC 118922 (Sub-No. 13TA) (Cor­ carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ rection), filed March 21, 1975, published routes, transporting: Trailers designed ing: Commercial papers, documents, in the F ederal R egister issue of April 4, for transportation of agricultural imple­ written instruments, and business 1975, and republished as corrected this ments (except trailers designed to be papers, between points in Dickinson, N. issue. Applicant: CARTER TRUCKING drawn by highway truck-tractors) and Dak., and Baker, Mont., for 90 days. CO., INC., P.O. Box 126, Locust Grove, attachments and accessories for such Supporting shipper: American National Ga. 30248. Applicant’s representative: trailers, from the plantsite and facilities Bank and Trust Company, 370 Minne­ William AddaiOT, Suite 212, 5299 Roswell of Lorak, Inc., at or near Lamoure, N. sota Street, St. Paul, Minn. 55101. Send Road NE., Atlanta, Ga. 30342. Authority Dak., to points in North Dakota, South protests to: Anthony D. Giaimo, Dis­ sought to operate as a contract carrier, Dakota, Minnesota, and Montana, for 180 trict Supervisor, Bureau of Operations, by motor vehicle, over irregular routes, days. Supporting shipper: Lorak, Inc., Interstate Commerce Commission, 26 transporting: Such merchandise as used, P.O. Box 707, LaMoure, N. Dak. Federal Plaza, Room 1807, New York, sold, or dealt in by wholesale, retail 58458. Send protests to: J. H. Ambs, Dis­ N.Y. 10007. and chain grocery and food business trict Supervisor, Bureau of Operations, No. MC 117344 (Sub-No. 242TA), filed houses (except commodities requiring re­ Interstate Commerce Commission, P.O. April 9, 1975. Applicant: The MAX­ frigeration and except commodities in Box 2340, Fargo, N. Dak. 58102. WELL CO., 10380 Evendale Drive, Cin­ bulk), from points in Massachusetts, No. MC 108398 (Sub-No. 44TA), filed cinnati, Ohio 45215. Applicant’s repre­ Connecticut, New York, Pennsylvania, April 8, 1975. Applicant: RIGGSBY- sentative: John C. Spencer (same ad­ Maryland, NewJersey, Michigan, Illinois, PACIFIC LTD., 5773 South Prince Street, dress as applicant). Authority sought to Indiana, Ohio, Kentucky, and the Dis­ Littleton, Colo. 80120. Applicant’s rep­ operate as a common carrier, by motor trict of Columbia, to the warehousing, resentative: Alan J. Meiklejohn, Jr., vehicle, over irregular routes, transport­ storage and distribution facilities of Co­ Suite 1600 .Lincoln Center, 1660 Lincoln ing: Iron oxide, in bulk, in tank vehicles, lonial Stores, Inc., at Atlanta and Thom- Street, Denver, Colo. 80203. Authority .from Ashland, Ky., to points in Kane, asville, Ga., to Columbia, S.C., Raleigh, sought to operate as a common carrier, Pa., for 180 days. Supporting shipper: N.C., and Norfolk, Va., for 180 days. Sup­ by motor vehicle, over regular routes, Stackpole Carbon Company, Oak & Elk porting shipper: Colonial Stores, In ­ transporting: General commodities (ex­ Avenues, Kane, Pa. 16735. Send protests corporated, 2251 N. Sylvan Road, East cept those of unusual value, Classes A to: Paul J. Lowry, District Supervisor, Point, Ga. 30344. Send protests to: W il­ and B explosives, household goods as de­ Bureau of Operations, Interstate Com­ liam L. Scroggs, District Supervisor, 1252 fined by the Commission, commodités in merce Commission,' 5514-B Federal West Peachtree St. NW., Room 546, A t­ bulk, and those requiring special equip­ Bldg., 550 Main Street, Cincinnati, Ohio lanta, Ga. 30309. The purpose of this ment) ; between junction U.S. Highway 45202. republication is to correct the docket number. 97 and Oregon Highway 58 (about 81 No. MC 117765 (Sub-No. 189TA (Cor­ miles north of Klamath Falls, Oreg.), rection) , filed March 24, 1975, published No. MC 119789 (Sub-No. 246TA), filed and Spokane, Wash., serving no inter­ in the F ederal R eg ister issue of April 11, April 9, 1975. Applicant: CARAVAN RE­ mediate points and serving the junction 1975, and republished as corrected this FRIGERATED CARGO, INC., P.O. Box of U.S. Highway 97 and Oregon Highway issue. Applicant: HAHN TRUCK LINE, 6188, Dallas, Tex. 75222. Applicant’s rep­ 58 for the purposes of joinder only; INC., 5315 NW. Fifth, Oklahoma City, resentative: James K. Newbold, Jr. (same from junction U.S. Highway 97 and Okla. 73107. Applicant’s representative: address as applicant). Authority sought Oregon Highway 58 over U.S. Highway 97 R. E. Hagan (same address as appli­ to operate as a common carrier, by motor to Biggs, Oreg., thence over Interstate cant) . Authority sought to operate as a vehicle, over irregular routes, transport­ Highway 80N to its junction with U.S. common carrier, by motor vehicle, over ing: Drugs, medicines, and chemicals, Highway 730, thence over U.S. Highway irregular routes, transporting: Petro­ from Elkhart, Ind., to points in Arizona, 730 to Umatilla, Oreg., thence over un­ leum, petroleum products and roofing California, Nevada, New Mexico, Oregon, numbered highway (bridge over the materials in containers, from Wynne- Utah, and Washington, for 180 days. Columbia River) to Plymouth, Wash., wood, Okla., to points in Illinois, Iowa, Supporting shipper: Miles Laboratories, thence over Washington Highway 14 to Minnesota, Nehraska, North Dakota, Inc., 1127 Myrtle Street, Elkhart, Ind. Pasco, Wash., thence over U.S. Highway South Dakota and Wisconsin, for 180 46514. Send protests to: Opal M. Jones, 395 to Spokane, Wash., and return over days. Supporting shipper: Kerr McGee Transportation Assistant, Interstate the same routes; between Portland, Corporation, Ray F. Fischer, T.M., P.O. Commerce Commission, 1100 Commerce Oreg., and Spokanfe, Wash., serving no Box 25761, Oklahoma City, Okla. 73125. Street, Room 13C12, Dallas, Tex. 75202. intermediate points; from Portland, Send protests to: Marie Spillars, Trans­ No. MC 123819 (Sub-No. 38TA), filed Oreg., over Interstate Highway 80N to portation Assistant, Room 240, Old P.O. its junction with U.S. Highway 730, April 7,1975. Applicant: ACE FREIGHT Bldg., 215 NW. Third, Oklahoma City, LINE, INC., P.O. Box 16589, 3359 Cazassa thence over U.S. Highway 730 to Uma­ Okla. 73102. The purpose of this repub­ tilla, Oreg., - thence over Unnumbered Road, Memphis, Tenn. 38116. Applicant’s lication is to add Illinois as a destina­ highway (bridge over the Columbia representative: Bill R. Davis, Suite 101 River) to Plymouth, Wash., thence over tion point, which was omitted in the Emerson Center, 2814 Nre Spring Road, Washington Highway 14 to Pasco, Wash., previous publication. Atlanta, Ga. 30339. Authority sought to thence over U.S. Highway 395 to No. MC 118831 (Sub-No. 117TA), filed operate as a common carrier, by motor vehicle, over irregular routes, transport­ Spokane, Wash., and return over the April 10, 1975. Applicant: CENTRAL ing: Hides, trimmings, and tails, be­ same routes. Restriction: The authority TRANSPORT, INCORPORATED, P.O. tween Tupelo, Miss., on the one hand, described above is restricted against the Box 5388, High Point, N.C. 27262. Appli­ and, on the other, points in Texas, Loui­ transportation of traffic moving between cant’s representative: Gary L. Honbar- siana, Wisconsin, Pennsylvania, New

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17811

Jersey, New York, Illinois, Massachu­ CRAWFORD, doing business as R. A. resentative: Don Garrison (same address setts, Maine, Maryland, Indiana, ' Ken­ CRAWFORD TRUCKING SERVICE, as applicant). Authority sought to oper­ tucky, Mississippi, West Virginia, Vir­ P.O. Box 722, Adelphi, Md. 20783. Appli­ ate as a common carrier, by motor ve­ ginia, Alabama, Michigan, Georgia, Ver­ cant’s representative: Charles E. Crea- hicle, over irregular routes, transporting: mont, and Tennessee (except Memphis), ger, 1329 Pennsylvania Ave., P.O. Box Curtain rods, curtain pole or rod fixtures, for 180 days. Supporting shipper: Die­ 1417, Hagerstown, Md. 21740. Authority hooks, fabrics, cotton rope, shelving, coil trich Hide Corporation, 225 Broadway, sought to operate as a contract carrier, steel, store display racks, steel rods, cop­ New York, N.Y. 10007. Send protests to: by motor vehicle, over irregular routes, per, brass or bronze rods, restricted Floyd A. Johnson, District Supervisor, transporting: Laminated plastic sheets, against the transportation of commodi­ Bureau of Operations, Interstate Com­ plastic moldings, and adhesives used in ties which because of size or weight re­ merce Commission, 435 Federal Office the application thereof, from Odenton, quire use of special equipment, from Bldg., 167 North Main Street, Memphis, Md., and its commercial zone to points Sturgis, Mich., and Scottsville, Ky., to Tenn. 38103. in Washington, Oregon, Idaho, Montana, points in Florida, Texas, New Mexico, No. MC 126276 (Sub-No. 121TA), filed Wyoming, Nevada, Utah, California, Ari­ Arizona, Colorado, Utah, Nevada, Cali­ April 11, 1975. Applicant: FAST MOTOR zona, New Mexico, Oklahoma, Texas, Ar­ fornia, Idaho, Oregon, and Washington, SERVICE, INC., 9100 Plainfield Road, kansas, Louisiana, and Mississippi, for for 180 days. Supporting shipper: Kirsch 180 days. Supporting shipper: Exxon Brookfield, 111. 60513. Applicant’s rep­ Company, 309 Porspect Street, Sturgis, Chemical Company, U.S.A., Odenton, resentative: Albert A. Andrin, 127 N. Mich. 49091. Send protests to : William H. Md. 21118. Send protests to: W. C. Hers- Dearborn Street, Chicago, 111. 60602. Au­ Land, Jr., District Supervisor, 2519 Fed­ man, District Supervisor, Interstate thority sought to operate as a contract eral Office Bldg., 700 West Capitol, Little carrier, by motor vehicle, over irregular Commerce Commission, 12th & Con­ Rock, Ark. 72201. routes, transporting: Glass containers, stitution Ave. NW., Washington, D.C. No. MC 135821 (Sub-No. 3TA) (Cor­ 20423. from Carteret, N.J., to points in Cham­ rection) , filed March 14-, 1975, published paign, HI., for 180 days. Supporting ship­ No. MC 133097 (Sub-No. IO TA), filed in the F ederal R eg ister issue of April 2, per: Metro Containers, an operation of April 10, 1975. Applicant: SYSTEM 1975, and republished as corrected this Kraftco Corporation, 1099 Wall Street, REEFER SERVICE, INC., 4614 Lincoln issue. Applicant: MADELINE MILE­ W. Lyndhurst, N.J. 07071. Send protests Avenue, Cypress, Calif. 90630. Applicant’s STONE, 4233 Leiper Street, Philadelphia, to: Robert G. Anderson, District Super­ representative: Charles E. Creager, 1329 Pa. 19124. Applicant’s representative: visor, Everett McKinley Dirksen Bldg., Pennsylvania Ave., P.O. Box 1417, Hag­ John W. Frame, Box 626, Old Gettysburg Interstate Commerce Commission, 219 erstown, Md. 21740. Authority sought to Road, Camp Hill, Pa. 17011. Authority S. Dearborn Street, Room 1086, Chicago, operate as a contract carrier, by motor sought to operate as a contract carrier, HI. 60604. vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, ing: (1) Cake decorations, icing, deco­ transporting: General commodities, (ex­ No. MC 126844 (Sub-No. 30TA), filed cept Classes-A and B explosives, house­ April 10, 1975. Applicant: R. D. S. rator heads, and candles, in vehicles equipped with mechanical refrigeration; hold goods as defined by the Commission, TRUCKING CO., INC., 1713 North Main from East Hampton, Mass., to points in commodities in bulk, commodities of un­ Road, Vineland, N.J. 08360. Applicant’s California; (2) cake decorations, icing, usual value, and those requiring special representative: Terrence D. Jones, 1126 decorator heads, and candles in mixed equipment) for the account of Lionel 16th St. NW., Suite 300, Washington, loads or shipments with commodities the Leisure. Incorporated over irregular D.C. 20036. Authority sought to operate transportation of which is partially ex­ routes, from the warehouse of Lionel as a common carrier, by motor vehicle, empt from regulation under the provi­ Leisure, Incorporated at Philadelphia, over irregular routes, transporting: sions of Section 203(b) (6) of the Inter­ Pa., to points in Stone Mountain, Dora- Foodstuffs, from Champaign, 111., to state Commerce Act, in vehicles equipped ville, Decatur and Forest Park, Ga., and points in New York, New Jersey, New with mechanical refrigeration; from Fort Lauderdale, Hialeah, Pompano, Hampshire, Pennsylvania, Connecticut, Baltimore, Md., and its commercial zone Lauderhill, West Palm Beach, Miami, and Massachusetts, Rhode Island, Maine, to points in California, for 180 days. Sup­ Hollywood, Fla., for 180 days. Support­ and Vermont, for 180 days. Supporting porting shipper: McCormick & Co., Inc., ing shipper: Lionel Leisure, Inc., 2951 shipper: K raft Foods Division of Kraftco 11100 McCormick Road, Hunt Valley, Grant Ave., Philadelphia, Pa. 19114. Send Corp., 500 Peshtigo Court, Chicago, HI. Md. 21031. Send protests to: Philip Yal- protests to: F. W. Doyle, District Su­ 60690. Send protests to: Richard M. Re­ lowitz, District Supervisor, Bureau of pervisor, Interstate Commerce Commis­ gan, District Supervisor, Interstate Com­ Operations, Interstate Commerce Com­ sion, 600 Arch Street, Room 3238, Phil­ merce Commission, 428 East State Street, mission, 300 North Los Angeles St., Room adelphia, Pa. 19106. The purpose of this Room 204, Trenton, N.J. 08608. 1312, Los Angeles, Calif. 90012. republication is to correct the requested No. MC 128371 (Sub-No. 2 T A ), filed authority which was previously published No. MC 133133 (Sub-No. 11TA), filed in error. April 10, 1975. Applicant: BELLEVUE April 2, 1975. Applicant: FULLER MO­ AGGREGATE HAULERS, INC., 9410 TOR DELIVERY CO., 802 Plum Street, No. MC 136711 (Sub-No. 20TA), filed Airport Highway, P.O. Box 296, Holland, Cincinnati, Ohio 45202. Applicant’s rep­ April 10, 1975. Applicant: DAVID G. Ohio 43528. Applicant’s representative: resentative: Norbert B. Flick, 715 Execu­ McCORKLE, doing business as Mc- Monte Warner (same address as appli­ tive Bldg., Cincinnati, Ohio 45202. Au­ CORKLE TRUCK LINE, 2780 S. High, cant) . Authority sought to operate as a thority sought to operate as a common Oklahoma City, Okla. 73112. Applicant's common carrier, by motor vehicle, over carrier, by motor vehicle, over irregular representative: G. Timothy Armstrong, irregular routes, transporting: Fly ash, routes, transporting: Salt, rock and evap­ 280 National Foundation Life Bldg., 3535 in dump trucks, from the power plants orated, in bulk or in bags, from Louis­ Northwest 58th Street, Oklahoma City, and facilities of Detroit Edison Com­ ville, Ky., to points in the state of Ohio, Okla. 73112. Authority sought to oper­ pany, located in Wayne County, Mich., for 180 days. Supporting shipper: Inter­ ate as a common carrier, by motor ve­ to Nicholson Concrete and Supply Plants national Salt Company, 1414 Rockefel­ hicle, over irregular routes, transport­ and facilities located in Lucas County, ler Bldg., Cleveland, Ohio 44113. Send ing: Petroleum coke (except in bulk, in Ohio, for 180 days. Supporting shipper: protests to: Paul J. Lowry, District Su­ tank vehicles), from the N.C.R. As­ Nicholson Concrete & Supply Co., 2201 pervisor, Bureau of Operations, Inter­ sociation Refinery at McPherson, Kans., Albion Street, Toledo, Ohio 43606. Send state Commerce Commission, 5514-B and the Derby Refinery at Wichita, protests to: Keith D. Warner, District Federal Bldg., 550 Main Street, Cincin­ Kans., and the C.R.A. Inc., Refinery at Supervisor, Bureau of Operations, Inter­ nati, Ohio 45202. Coffeyville, Kans., to the plantsite of state Commerce Commission, 313 Fed­ Great Lakes Carbon Corp., near Kremlin, eral Office Bldg., 234 Summit Street, To­ No. MC 134922 (Sub-No. 120TA), filed Okla., for 180 days. Supporting shipper: ledo, Ohio 43604. April 10, 1975. Applicant: B. J. Mc- Great Lakes Carbon Corp., George R. No. MC 128940 (Sub-No. 21TA), filed ADAMS, INC., Route 6, Box 15, North Gunter, Vice President and Director o f April 11, 1975. Applicant: RICHARD A. Little Rock, Ark. 72118. Applicant’s rep­ Transportation, 299 Park Ave., New;

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17812 NOTICES

York, N.Y. 10017. Send protests to: cant: AIR LAND EXPRESS SYSTEMS, tests to: Paul A. Naughton, District Su­ Marie Spillars, Transportation Asst. INC., Box 2900-2, Evansville, Wyo. 82636. pervisor, Interstate Commerce Commis­ Interstate Commerce Commission, Bu­ Aplicant’s representative: John H. Le^is, sion, Room 1006, Federal Bldg., and Post reau of Operations, Room 240, Old P.O. 1650 Grant St., Bldg., Denver, Colo. Office, 100 East “ B” Street, Casper, Wyo. Bldg., 215 Northwest Third, Oklahoma 80203. Authority sought to operate as a 82601. The purpose of this republication City, Okla* 73102. common carrier, by motor vehicle, over is to correct the territorial description, regular routes, transporting: General which was previously published in error. No. MC 138789 (Sub-No. 3TA), filed commodities having a prior or subse­ April 9, 1975. Applicant: U & R EX­ No. MC 140806 (Sub-No. 1 TA ), filed quent movement in Interstate Commerce, PRESS, INC., P.O. Box 2369, White City, April 10, 1975. Applicant: HERMS moving in express service, except those Oreg. 97501. Applicant’s representative: TRUCKING, INC., 58-64 Ward Avenue, of unusual value, Classes A and B ex­ Lawrence V. Smart, Jr., 419 N.W. 23rd Trenton, N.J. 08609. Applicant’s repre­ plosives, household goods as defined by Avenue, Portland, Oreg. 97210. Author­ sentative: Alan Kahn, 1920 Two Penn the Commission, commodities in bulk ity sought to operate as a contract car­ Center Plaza, Philadelphia, Pa. 19102. and those requiring special equipment, rier, by motor vehicle, over irregular Authority sought to operate as a contract routes, transporting: Wood residuals, restricted to (1) packages or articles carrier, by motor vehicle, over irregular from the plantsite of High Cascade Lum­ each weighing not more than one hun­ routes, transporting: Limestone, in bags, ber Co., at or near Washougal, Wash., to dred pounds and (2) against the trans­ from Canaan, Conn., to the facilities of the Willamette Industries Manufactur­ portation of more than two hundred American Biltrite, Inc., in Hamilton ing Plant, at or near Albany, Oreg., for pounds in the aggregate from one con­ Township, Mercer County, N.J. Restric­ 180 days. Supporting shipper: W ill­ signor at one location during a single tion : The service authorized is limited to amette Industries, Inc., P.O. Box 907, day, between Casper, Wyo. and Rawlings, that to be rendered under a continuing Albany, Oreg. 97321. Send protests to: Wyo. via U.S. 220 and 287, serving all contract or contracts with American intermediate points; also between Casper, A. E. Odoms, District Supervisor, Bu­ Biltrite, Inc., for 150 days. Supporting Wyo. and Rawlings, Wyo. via U.S. 220 to reau of Operations, Interstate Commerce shipper: American Biltrite, Inc., P.O. Box the junction Wyoming State Highway Commission, 114 Pioneer Courthouse, 2151, Trenton, N.J. 08607. Send protests 287 to junction U.S. 30 at Medicine Bow, Portland, Oreg. 97204. to: Richard M. Regan, District Super­ Wyo. thence via U.S. 30 and 1-80 to Raw­ visor, Interstate Commerce Commission, No. MC 139123 (Sub-No. 6 TA) (Cor­ lings, Wyo. serving all intermediate 428 East State Street, Room 204, Tren­ rection) , filed March 20, 1975, published points; also serving all off route points in ton, N.J. 08608. in the F ederal R egister issue of April Natrona and Carbon counties of Wyo­ 4, 1975, and republished as corrected ming; between Casper, Wyo. and Sheri­ By the Commission. this issue. Applicant: GLOUCESTER dan, Wyo. via U.S. 87 and 1-25, serving DISPATCH, INC., P.O. Box 127, Kelly [ s e a l ] R obert L. O s w a l d , all intermediate points; between Buffalo, Secretary. Road, Plaistow, N.H. 03865. Applicant’s Wyo. and Gillette, Wyo. via 1-90, serv­ representative: Ignatius C. Goode (same ing all intermediate points. [FR Doc.75—10489 Filed 4-21-75;8:45 am] address as applicant). Authority sought • Between Midwest, Wyo., and Gillette, to operate as a common carrier, by mo­ Wyo., via Wyoming State Hiway 387 to [Notice No. 747] tor vehicle, over irregular routes, trans­ junction Wyoming State Hiway 59 at porting: Foodstuffs, frozen foods, in Reno Junction, Wyo., thence via Wyo­ ASSIGNMENT OF HEARINGS boxes, cartons, packages, but not in bulk, ming State Hiway 59 to Gillette, Wyo., A p r il 17, 1975. from Brockton, and Watertown, Mass., serving all intermediate points; between to points in Alabama, Delaware, The Casper, Wyo., and Gillette, Wyo., via Cases assigned for hearing, postpone­ District of Columbia, Florida, Georgia, U.S. Hiways 20 and 26 and 1-25 to ment, cancellation or oral argument ap­ Louisiana, Maryland, Michigan, North junction Wyoming State Hiway 59 at pear below and will be published only Carolina, New Jersey, New York, Ohio, Douglas, Wyo., thence via Wyoming once. This list contains prospeptive as­ Pennsylvania, South Carolina, and Vir­ State Hiway 59 to Gillette, Wyo., serv­ signments only and does not include cases ginia, for 180 days. Supporting shipper: ing all intermediate points; also between previously assigned hearing dates. The Howard Johnson Company, 309 Battles Casper, W yo.rand Gillette, Wyo., via hearings will be on the issues as pres­ St., Brockton, Mass. 02401. Send protests U.S. Hiways 20 and 26 to junction ently reflected in the Official Docket to: Ross J. Seymour, District Super­ Wyoming State Hiway 95 at Glenrock, of the Commission. An attempt will be visor, Bureau of Operations, Interstate Wyo., thence via unnamed state hiway made to publish notices of cancella­ Commerce Commission, 313 Federal to junction Wyoming State Hiway 59 tion of hearings as promptly as possible, Bldg., Concord, N.H. 03301. The purpose at Bill, Wyo.* thence via Wyoming State but interested parties should take ap­ of this republication is to add Water- Hiway 59 to Gillette, Wyo., serving all propriate steps to insure that they are town, Mass., as an origin point, which intermediate points; also serving all notified of cancellation or postponements was omitted in the previous publication. points in Natrona, Johnson, Sheridan, of hearings in which they are inter­ Campbell, and Converse Counties of W y­ No. MC 140748 (Sub-No. 1 T A ), filed ested. April 9, 1975. Applicant: DICKIE L. oming as off route points. Joinder and SISLER, Box 33, Wiota, Iowa 50274. Ap­ Interline: Applicant intends to join the MO 140453, Tanks, Inc., application is dis­ plicant’s representative: Dickie L. Sisler requested authority with its existing au­ missed. (same address as applicant). Authority thority at Casper, Midwest, and Buffalo, MC 139960, Western Pacific Transport .Com­ pany, now being assigned July 14, 1975 sought to operate as a contract carrier, Wyo. Applicant further intends to inter­ line with Wycoff Company, Inc. (Cc- at Salt.Lake City, Utah; in a hearing room by motor vehicle, over irregular routes, to be designated later. transporting: Magazines and paperback 89684) at Rawlings, Wyo., and with Air­ MC 21060 Sub 15, Iowa Parcel Service, Inc., books, from Columbia, Mo., points in lines at Casper and Sheridan, Wyo. Ap­ now being assigned July 7, 1975 (1 week) Concorda, Kans., and Beatrice and Nor­ plicant intends to hold itself out to per­ at Des Moines, Iowa; in a hearing room folk, Nebr., for 180 days. Supporting form an express type service, daily to to be designated later. shipper: Mid-Continent News Co., Inc., and from air terminals and connecting MC 135414 Sub 2, Langer Truck Line, Inc., John C. Holter, Sales Representative, motor carriers, for shippers in need of now being assigned July 15, 1975, at Jeffer­ Norfolk, Nebr. 68701. Send protests to: expeditious transportation service. Sup­ son City, Mo., in a hearing room to be porting shippers: There are approxi­ later designated. Carroll Russell, District Supervisor, MC 18088 Sub 55, Floyd & Beasley Transport Suite 620 Union Pacific Plaza, 110 North mately 100 statements of support at­ Company, Inc., now being assigned July 7, 14th Street, Omaha, Nebr. 68102. tached to the application, which may be 1975 (2 weeks), at Montgomery, Alabama, examined at the Interstate Commerce in a hearing room to be designated later. No. MC 140790 TA (Correction), filed MC 135373 (Sub-No. 1), Airport Limousine March 25> 1975, published in the Federal Commission in Washington, D.C., or cop­ Service, Inc., now being assigned July 14, R egister issue of April 11, 1975, and re» ies thereof which may be examined at 1975 (1 week) at Newark, New Jersey; in a published as corrected this issue. Appli­ the field office named below. Send pro­ hearing room to be designated later.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 NOTICES 17813

MC 730 Sub 373, Pacific Intermountain Ex­ [AB 1 (Sub-No. 20)] transport is of low volume, and (3) degrada­ press Co., now being assigned July 21, 1975 tion of the affected area’s environment will (3 weeks) at Des Moines, Iowa, in a hear­ CHICAGO AND NORTH WESTERN be minimal. In addition, shipping patterns ing room to be later designated. TRANSPORTATION CO. in southcentral Minnesota for moving grain, MC 96881 Sub 16, Orville M. Pine, dba Pine Abandonment Between Lake Crystal and a principal commodity transported over the Truck Line, now being assigned July 21, Winnebago, in Blue Earth and Faribault subject line, have changed significantly in 1975 (2 weeks), at Little Rock, Arkansas; Counties, Minn. the past 5 years. The majority, about 75 per­ in a hearing room to be designated later. cent, of all grain from southcentral Minne­ MC 97310 Sub 14, Sharron Motor Lines, Inc., A p r il 17, 1975. sota is shipped by truck. Furthermore, it now being assigned July 29, 1975 (3 days), Upon consideration of the record in should be noted that a condition has been at Montgomery, Alabama; in a hearing imposed upon the authorization to abandon room to be designated later. the above-entitled proceeding, and of a the line. Such action would afford interested MC 1515 Sub 196, Greyhound Lines, Inc., now staff-prepared environmental threshold government agencies the first opportunity to being assigned July 28, 1975 (1 week) at assessment survey which is available to offer to purchase right-of-way property of Newark, New Jersey; in a hearing room to the public upon request; and this line for public use. be designated later. It appearing, that no environmental This determination was based upon the impact statement need be issued in this staff preparation and consideration of an [ s e a l ] R obert L. O s w a l d , proceeding because this proceeding does environmental threshold assessment survey, Secretary. which is available on request to the Inter­ not represent a major Federal action state Commerce Commission, Office of Pro­ [P R Doc.75-10487 Piled 4-21-75;8:45 am] significantly affecting the quality of the ceedings, Washington, D.C. 20423; telephone human environment within the meaning (202) 343-2086. [No. M C-C—8596] of the National Environmental Policy Interested persons may comment on this Act of 1969, 42 U.S.C. 4321, et seq.; and matter by filing their statements in writing BADGER LINES, INC. good cause appearing therefor: with the Interstate Commerce Commission, Petition for Declaratory Order It is ordered, That applicant be, and Washington, D.C. 20423, on or before May 16, it is hereby directed to publish the ap­ 1975. A p r il 14, 1975. This negative environmental determina­ pended notice in a newspaper of general tion shall become final unless good and At the request of William C. Dimeen, circulation in Faribault and Blue Earth sufficient reason demonstrating why an petitioners representative, the time for Counties, Minn., on or before May 6, environmental impact statement should be filing comments in the above-entitled 1975, and certify to the Commission that prepared for this action is submitted to the proceeding has been extended from this has been accomplished. Commission by the above-specified date. April 15,1975, to April 25,1975. And it is further ordered, That notice [FR Doc.75-10493 Filed 4-21-75;8; 45 am] [ s e a l] R obert L. O s w a l d , of this order shall be given to the general Secretary. public by depositing a copy thereof in the Office of the Secretary of the Commis­ FOURTH SECTION APPLICATION FOR [FR Doc.75-10490 Filed 4-21-75; 8:45 am] sion at Washington, D.C., and by for­ RELIEF warding a copy to the Director, Office A p r il 17, 1975. [AB 1 (Sub-No. 10)] of the Federal Register, for publication in the F ederal R e g ister . An application, as summarized below, CHICAGO AND NORTH WESTERN has been filed -requesting relief from the TRANSPORTATION CO. Dated at Washington, D.C., this 9th requirements of Section 4 of the Inter­ day of April, JL975. Abandonment Between Irvington and Ben­ state Commerce Act to permit common nington, in Douglas County, Nebr.; Ex­ By the Commission, Commissioner carriers named or described in the ap­ tension of Time for Comments Tuggle. plication to maintain higher rates and charges at intermediate points than A p r il 17, 1975. [ s e a l ] R obert L. O s w a l d , those sought to be established at more Upon consideration of the record in Secretary. distant points. the above-entitled proceeding, including [AB 1 (Sub-No. 20) ] Protests to the granting of an applica­ the order of the Commission, Commis­ tion must be prepared in accordance sioner Tuggle, dated March 4, 1975; and C h ic a g o a n d N o r t h W e s t e r n T r a n s p o r t a ­ t i o n C o m p a n y with rule 40 of the general rules of It appearing, that by order of the practice (49 CFR 1100.40) and filed on ABANDONMENT BETWEEN LAKE CRYSTAL AND Commission, Commissioner Tuggle, dated or before May v7,1975. March 4, 1975, it was determined that WINNEBAGO, IN BLUE EARTH AND FARIBAULT COUNTIES, MINNESOTA FSA No. 42975—Joint Water-Rail the proposed abandonment did not repre­ Container Rates—Nippon Yusen Kaisha. sent a major Federal action significantly The Interstate Commerce Commission Filed by Nippon Yusen Kaisha, (No. 9), affecting the quality of the human en­ hereby gives notice that by order dated. for itself and interested rail carriers. vironment within the meaning of the April 9, 1975, it has been determined that the proposed abandonment by the Chicago and Rates on general commodities, from rail National Environmental Policy Act of North Western Transportation Company of stations on the U.S. Atlantic and Gulf 1969; that notice of the determination its line from Milepost 0.0 near Lake Crystal Seaboard, to ports in The Federation of was to be published in a newspaper of in a southerly direction to Milepost 24.6 near Malaysia and The Republic of Singapore. general circulation in Douglas County, Winnebago, a distance of 24.6 miles, all in Grounds for relief—Water competition. Nebr., on or before March 26, 1975, and Blue Earth and Faribault Counties, respec­ comments to the determination are due tively, Minn.,, if approved by the Commission, By the Commission. on April 7, 1975; arid good cause appear­ does not constitute a major Federal action [ s e a l ] R obert L. O s w a l d , ing therefor: significantly affecting the quality of the human environment within the meaning of Secretary. It is ordered, That the time within the National Environmental Policy Act of [FR Doc.75-10488 Filed 4-21-75;8:45 am] which comments may be filed be, and it is 1969 (N E P A ), 42 U.S.C. 4321, et seq., and hereby, extended to April 28, 1975. that preparation of a detailed environmental impact statement will not be required under Dated at Washington, D.C., on this section 4332(2) (C ) of the NEPA. [Ex Parte No. 309] 10th day of April, 1975. It was concluded, among other things, that LONG ISLAND RAIL ROAD CO. the environmental effects of the proposed By the Commission, Commissioner .action are considered insignificant because Investigation Into Joint Interstate & Tuggle. (1) rail services will continue to be avail­ International Rates; Supplemental Notice able at Lake Crystal over applicant’s existing [ s e a l ] R obert L . O s w a l d , A p r il 16,1975. lines and at Winnebago over the Chicago, Secretary. Milwaukee, St. Paul, and Pacific Railroad An informal conference in this matter [P R Doc.75-10492 Piled 4-21-75; 8:45 am]. Company lines, (2) the diversion to motor Is scheduled to commence at 9:30 a.m„

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17814 NOTICES at the office of the Interstate Commerce 4. Would the publication of propor- . viable long term solution to this contro­ Commission, Washington, D.C., on April tional rates or the addition of an arbi­ versy? 24, 1975. Five petitioning eastern rail­ trary charge to Long Island points be vi­ 6. What is the current relationship be­ roads have requested an investigation of able solutions to this controversy? I f an tween freight and passenger operations the lawfulness of joint rail rates to and arbitrary (based on the rate published on the Long Island? from points on the Long Island Rail for other railroads from and to a prin­ 7. Is there any other approach not al­ Road Company, with a view toward entry cipal point of interchange with the Long luded to above which would contribute of an order (a) increasing such rates Island such as New York, New York, and to a long term solution to this to a level which includes Ex Parte No. 262 an additional amount beyond) appears controversy? and subsequent general increases; or (b) desirable, then under the bureau’s sec­ The Commission is anxious to assist authorizing connecting railroads to can­ tion 5a agreement, would the total rate in solving this transportation problem cel through routes and joint rates with and charge thus constructed require the and urges all interested parties to ap­ the Long Island Rail Road Company. The consent nevertheless of all the railroads, proach this informal conference with a Long Island vigorously opposes such ac­ including the LIRR, as to the measure of view toward a constructive solution in tion. In order to promote a productive both the base rate and the arbitrary? If the public interest. exchange of views at the conference, the so, then should the Commission consider A copy of this supplemental notice parties should be prepared to address prescribing the measure of the factors? will be deposited in the Office of the Sec­ themselves to the following areas of con­ Should a requirement be imposed that retary, Interstate Commerce Commis­ cern: any arbitrary shall accrue to the sole sion, Washington, D.C., for public in­ . 1. If joint rates and through routes to benefit of the Long Island? spection and delivered to the Director, and from points on the Long Island were 5. If the Long Island divisions case, Office of the Federal Register, for publi­ cancelled, what would the outlook be for No. 35153, The Long Island Rail Road cation therein as notice to interested continuation of freight service on its Company v. The Ahnapee and Western lines? Railway Company, et al., were reopened, persons. In addition, a copy of this notice 2. How would the Long Island and its would an upward revision of Long Is­ is being served on persons who have in­ connecting lines exercise their independ­ land’s divisions have a substantial effect formed the Commission of their inten­ ent rights to meet their respective reve­ on eliminating Long Island’s freight traf­ tion to participate in the informal con­ nue needs? fic deficit? What effect would such ac­ ference pursuant to the initial notice 3. Would changing the Long Island’s served on March 19,1975. Class I status to either a switching or tion have on Long Island’s participation terminal railroad, as suggested by the in future general rate increase proceed­ [ seal] R obert L. Oswald, southern lines, contribute to a solution ings? In other words, would an upward Secretary. to this controversy? revision of Long Island’s divisions be a [FR Doc.75-10491 Filed 4-21-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 TUESDAY, APRIL 22, 1975

WASHINGTON, D.C.

Volume 40 ■ Number 78

PART II

DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service

BRUCELLOSIS

\ 17816 RULES AND REGULATIONS

Title 9— Animals and Animal Products moving interstate from herds and from Subpart A— General Provisions CHAPTER I— ANIMAL AND PLANT HEALTH specifically approved stockyards to § 78.1 Definitions. quarantined feedlots and slaughter is INSPECTION SERVICE, DEPARTMENT As used in this part, the following OF AGRICULTURE necessary to prevent diversion of such cattle to susceptible herds and (2) only terms shall have the meanings set forth SUBCHAPTER C— INTERSTATE TRANSPORTA­ in this section except as otherwise spec­ TION OF ANIMALS (INCLUDING POULTRY) cattle moved as outlined in § 78.9(b) (3) AND ANIMAL PRODUCTS (iii), for feeding, breeding, or purposes ified. (a) Brucellosis. The contagious, infec­ PART 78— BRUCELLOSIS other than for immediate slaughter or for movement to a quarantined feedlot, tious, and communicable disease caused Statement of considerations. On Sep­ would be subjected to a brucellosis test by bacteria of the genus Brucella. It is tember 5, 1974, there was published in within 30 days prior to interstate with­ also known as Bangs disease, undulant the F ederal R eg ister (39 FR 32139- out a brucellosis test. fever, and contagious abortion. 32145) proposed amendments to the reg­ After due consideration of all rele­ (b) Veterinary Services. Veterinary ulations in 9 CFR Part 78, which would vant material, including that submitted Services, Animal and Plant Health In­ (1) define Certified Brucellosis-Free with such notice, the proposal is hereby spection Service, United States Depart­ Herd, Certified Brucellosis-Free Area, adopted without substantive changes ex­ ment of Agriculture. noncertified area, brucellosis exposed cept tihat (1) a provision has been made (c) Deputy Administrator. The Deputy animal, and herd of unknown status; in § 78.8(c) to provide for the return of Administrator, Veterinary Services, Ani­ (2) eliminate the provision for reship­ exposed cattle directly to the farm of or­ mal and Plant Health Inspection Service, ment of purebred brucellosis reac­ igin under specified conditions, (2) They United States Department of Agriculture, tors; (3) prescribe conditions for move­ Recommended that brucellosis exposed or any other Veterinary Services official ment of calves under 6 months of age calves may be moved interstate for the to whom authority has heretofore been from an infected herd; (4) ~ require above mentioned purposes and that bru­ delegated or may hereafter be delegated branding of brucellosis exposed cattle cellosis exposed cattle may be returned to act in his stead. prior to interstate movement; (5) provide interstate to their farm of origin. (d) State. Any State, the District of standards for movement of cattle origi­ Various other minor changes have Columbia, Puerto Rico, the Virgin Islands nating in Certified Brucellosis-Free been made to clarify and coordinate the of the United States, or Guam. Areas, Certified Brucellosis-Free Herds, provisions contained in the notice. It has (e) Person. Any individual, corpora­ Modified Certified Brucellosis Areas, and been determined that the provisions tion, company, association, firm, partner­ noncertified areas; and (6) list Certified adopted are necessary to prevent spread ship, society, or joint stock company or Brucellosis-Free Areas, Modified Certi­ of brucellosis and to eliminate the re­ other legal entity. fied Brucellosis Areas, noncertified areas, maining foci of infection from the United (f) Veterinary Services representative. specifically approved stockyards and spe­ States. A veterinarian or other person employed cifically approved slaughtering estab­ by Veterinary Services, Animal and Accordingly, 9 CFR Part 78 is revised lishments. Plant Health Inspection Service, United read as follows: A period of 60 days was allowed for States Department of Agriculture, who Subpart A>— General Provisions is authorized to perform the function in­ submission of comments. Twenty-seven Sec. * written comments were received in re­ 78.1 Definitions. volved. sponse to the proposal. Nineteen com­ 78.2 Notice relating to existence of bru­ (g) State representative. A veterinar­ ments were favorable, and included the cellosis. ian or other person regularly employed in following suggestions: (1) The require­ 78.3 Handling of Certificates or permits livestock sanitary work of a State or a ments for movement from Modified for movement of animals. political subdivision thereof, and who is Certified Brucellosis Areas should apply 78.4 Handling in transit of cattle and bison authorized by such State or political sub­ equally to Certified Brucellosis-Free moved interstate. division to perform the function involved Areas; (2) calves under 6 months of age Subpart B— Restrictions on Interstate Movement under a cooperative agreement with the should not move from an infected herd; of Cattle Because of Brucellosis United States Department of Agriculture. and (3) an “S” brand should be required 78.5 General restrictions. (h) Accredited veterinarian. An ac­ 78.6 Steers and spayed beifers. credited veterinarian as defined , in Part on all cattle transported interstate with 78.7 Brucellosis reactor cattle.. brucellosis reactor cattle. 78.8 Brucellosis exposed cattle. 160 of this chapter. After due consideration of these sug­ 78.9 Cattle from herds not known to be (i) Interstate. From any State into or gestions it was decided that (1) addi­ affected with brucellosis. through any other State. tional restrictions on cattle from Certi­ 78.10 Cattle from qualified herds. (j) Uniform Methods and Rules. The fied Brucellosis-Free Areas are not justi­ 78.11 Cattle from herds of unknown status. Recommended Brucellosis Eradication fied because of the low incidence of bru­ 78.12 Other movements. Uniform Methods and Rules developed by cellosis in such areas, (2) calves under Subpart C— Restrictions on Interstate Movement the United States Animal Health Asso­ 6 months of age may move from an in­ of Bison Because of Brucellosis ciation and adopted by Veterinary Serv­ fected herd under the prescribed pro­ 78.13 General restrictions. ices, in its publication of January 1975. visions with relatively little chance of 78.14 Bison steers and spayed heifers. The provisions of the Uniform Methods 78.15 Brucellosis reactor bison. spreading brucellosis because of the na­ and Rules are hereby incorporated by 78.16 Brucellosis exposed bison. reference and are the minimum stand­ ture of the disease and (3) an “S” brand 78.17 Bison from herds not known to be on all cattle transported interstate with affected with brucellosis. ards for achieving and maintaining cer­ brucellosis reactor cattle is not justified 78.18 Movement of bison from public zoo tified herd and’area status.1 unless such cattle are not separated to public zoo. (k) Certified Brucellosis-Free herd. A from reactors by a partition so con­ 78.19 Other movements. herd of cattle which has achieved and structed as to prevent exposure to the Subpart D— Designation of Brucellosis Areas, maintains status as a Certified Brucel­ Specifically Approved Stockyards and Slaugh­ losis-Free herd according to the provi­ disease causative agent. tering Establishments The objections posed by the remain­ sions of the Uniform Methods and Rules, 78.20 Certified Brucellosis-Free Areas. ing eight comments received were:, (1) 78.21 Modified Certified Brucellosis Areas. chapter 1, parts I, II, III, and IV; Pro­ The “S” branding of brucellosis exposed 78.22 Noncertified Areas. vided, That such Certified Brucellosis- cattle only at a specifically approved 78.23 Specifically approved stockyards. Free herd status has been recommended stockyard is discriminatory and (2) a 78.24 Slaughtering establishments. requirement that all cattle coming from 78.25 Designation of areas; approval of by a State representative in the State in a Modified Certified Brucellosis Area be stockyards and slaughtering establishments. subjected to an official test for brucel­ 1 Copies of the January 1975 Recommended Au t h o r it y : Secs. 4, 5, 7, 23 Stat. 32, as Brucellosis Eradication Uniform Methpds and losis upon arrival at a specifically ap­ -amended, secs. 1 and 2, 32 Stat. 791—792, as Rules (APHIS 91-1) are available upon re­ proved stockyard is not necessary. After amended; sec. 3, 33 Stat. 1265, as amended; quest from Veterinary Services, Animal and consideration of these objections it was sec. 2, 65 Stat. 693; and secs. 3 and 11, 76 Plant Health Inspection Service, United Stat. 130, 132 (21 U.S.C. 111-113, 114a-l, 115, States Department of Agriculture, Federal decided that (1) the “ S” brand identi­ 120, 121, 125, 134b, 134f); 37 FR 28464, 28477, Building, Hyattsville, Maryland 20782, and fication of brucellosis exposed cattle 38 FR 19141. were filed as part of this original document.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17817 which the herd is located and has been tion, the consignor, and the consignee, waybill, or an invoice on which is listed approved by the Deputy Administrator. and which states that the animal or ani­ the information required on an owner’s (1) Certified Brucellosis-Free Area. Amals identified on the certificate meets statement as defined in § 78.1 (w.). State, or a political subdivision of a State, the requirements of this part. § 78.2 Notice relating to existence of or portion thereof, which has achieved (v) Permit. An official document is­ brucellosis. sued for movement of animals under this and maintains status as a Certified Bru­ Notice is hereby given that the con­ part by a Veterinary Services represen­ cellosis-Free area according to the pro­ tagion of brucellosis may exist in domes­ tative, State representative, or an ac­ visions of the Uniform Methods and tic animals in each State. Rules, chapter 1, parts I, II, III, and VI; credited veterinarian which lists the Provided, That such Certified Brucello­ identification tag, tattoo, backtag, or reg­ § 78.3 Handling of certificates or per­ sis-Free Area status has been recom­ istration number or similar identifica­ mits for movement of animals. mended by a State representative in th e . tion of each animal to be moved, the (a) Whenever the regulations in this State in which the area is located and number of animals covered by the docu­ part require a certificate or a permit for has been approved by the Deputy Admin­ ment, the purpose for which the animals movement of animals and the animals istrator. (Such areas are specified in are to be moved, the points of origin and are moved by a transportation agency § 78.20.) destination, the consignor, and the con­ issuing waybills or other forms of billing ’ (m) Modified Certified Brucellosis signee. In the case of any cattle or bison covering the movement, the certificate, Area. A State, or a political subdivision that is a brucellosis reactor, the docu­ or permit, for movement shall be deliv­ of a State, or portion thereof, which has ment shall show the reactor tag number ered to such transportation agency by achieved and maintains status as a of each animal and the name of the the shipper or his agent at the time the Modified Certified Brucellosis Area ac­ owner of such animal when it was tested animals are delivered for shipment; shall cording to the provisions of the Uniform for brucellosis. become the property of the transporta­ Methods and Rules, chapter 1, parts I, (w) Owner’s statement. A statement tion agency; shall be attached to the bill­ II, III, and V ; Provided, That such Modi­ signed by the owner or shipper of the ani­ ing by the transportation agency; shall fied Certified Brucellosis Area status has mals, stating: (1) The point from which accompany such billing to the destina­ been recommended by a State repre­ the animals are moved interstate; (2) tion of the animals; and should be filed sentative in the State in which the- area the destination of the animals; (3) the with such billing for future reference. is located and has bëen approved by the number of animals covered by the state­ (b) Whenever the regulations in this Deputy Administrator. (Such areas are ment; and (4) the name and address of part require a certificate or a permit for specified in § 78.21.) the owner or shipper. .movement of animals and the animals (n) Noncertified area. Any area listed (x) Specifically approved stockyard. are moved by a transportation agency in § 78.22. A stockyard specifically approved for the not issuing waybills or other forms of (o) Qualified herd. Any herd of cattle purposes of the regulations in this part billing, or moved by any other means,'the in a noncertified area which is not known in accordance with § 78.25(b). certificate or permit for movement shall to be affected with brucellosis and for (y) Specifically approved slaughtering accompany the animals to their destina­ which the State has records showing that establishment. A slaughtering establish­ tion and be delivered to the consignee, the herd has been tested for brucellosis in ment specifically approved for the pur­ or, in case the consignor and the con­ accordance with the procedures for herd poses of the regulations in this part in signee are the same person, to the first tests for initial Modified Certified Bru­ accordance with § 78.25(b). person purchasing the animals during cellosis Area status specified in the Uni­ (z) Brucellosis exposed animal. Any or after such movement, or to the person form Methods and Rules, chapter I, part animal, except a brucellosis reactor ani­ to whom the animals are delivered. V-A, within 12 months prior to interstate mal, that is part of a herd known to be (c) The Veterinary Services repre­ movement of any cattle from such herd. affected or that has been in contact with sentative, State representatives, or ac­ (p) Herd known to be affected. Any a brucellosis reactor animal in market­ credited veterinarian, issuing a certifi­ herd in which any animal has been clas­ ing or other channels for a period of 24 cate or permit required for the interstate sified as a brucellosis reactor as defined hours or for a period of less than 24 movement of cattle under the regulations in the Uniform Methods and Rules, hours if such brucellosis reactor animal in this part shall fprward a copy thereof chapter 1, part I-À, and which has not has aborted or calved within the -past 30 to the proper livestock sanitary official of been released from quarantine in ac­ days or has a vaginal or uterine dis­ the State of destination of the animals. cordance with such Uniform Methods and charge. § 78.4 Handling in transit of cattle and Rules, chapter 1, part n-D . (aa) Herd of unknown status. A herd bison moved interstate. (q) Quarantined feedlot. Any confined of cattle in a noncertified area which has not been tested for bucellosis in accord­ Cattle and bison moving interstate, ex­ area which has achieved and maintains cept cattle and bison consigned to imme­ status as a quarantined feedlot according ance with the procedures for herd tests for initial modified certified area cer­ diate slaughter or to a quarantined feed- to the provisions of the Uniform Methods lot,2 shall be moved only in a means of and Rules, Chapter 1, part I-E. tification specified in chapter 1, part V-A of the Uniform Methods and Rules conveyance which has been cleaned in (r) Official test. Any test for brucellosis accordance with the provisions of §§ 71.5, as prescribed in the Uniform Methods within 12 months prior to the interstate movement of any cattle from such herd. 71.7, 71.10, and 71.11 of this subchapter, and Rules, chapter 1, part H-G. and if unloaded in the course of such (bb) Herd not known to be affected. (s) Official vaccinate. A female bovine movement, shall be handled only in pens Any herd in which no animal has been animal vaccinated against brucellosis in at specifically approved stockyards accordance with the provisions pre­ classified as a brucellosis reactor as de­ cleaned in accordance with the provisions scribed in the Uniform Methods and fined in the Uniform Methods and Rules, Rules, chapter 1, part I-H, I, and J. chapter 1, part I-A ; also, any herd in of §§71.4, 71.7, 71.10, and 71.11 of this (t) Moved. Shipped, transported, Or which.any animal has been classified as subchapter or in pens at feed, water, and otherwise moved, or delivered or received a brucellosis reactor as defined in the rest stations cleaned in accordance with for movement. Uniform Methods and Rules, chapter 1, the provisions of §§ 71.4, 71.7, 71.10, and (u) Certificate. An official document part I-A, and which has been released 71.11 of this subchapter. issued by a Veterinary Services repre­ from quarantine in accordance with such sentative, State representative, or ac­ Uniform Methods and Rules, chapter 1, Subpart B— Restrictions on Interstate credited veterinarian at the point of part II-D . Movement of Cattle Because of Brucellosis origin of a shipment of domestic animals (cc) Brucellosis reactor animal. Any § 78.5 General restrictions. to be moved under this part which shows animal which has reacted to an official Cattle may not be moved interstate ex­ the identification tag, tattoo, or regis­ test for brucellosis as defined in the Uni­ cept in compliance with the regulations tration number or similar identification form Methods and Rules, chapter 1, part I-A and part II-G . in this subpart. of each animal to be moved, the number (dd) Other document. Other docu­ of animals covered by the document, the ment means a shipping permit, an offi­ purpose for which the animals are to be 2 A list of quarantined feedlots In any cial health certificate, an official brand State may be obtained from the State Rep­ moved, the points of origin and destina­ inspection certificate, a bill of lading, a resentative.

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17818 RULES AND REGULATIONS

§ 78.6 Steers and spayed heifers. movement of such cattle from any such § 78.9 Cattle from herds not known to Steers and spayed heifers over 6 stockyard directly to a quarantined be affected with brucellosis. feedlot. months of age may be moved interstate Cattle from herds not known tQ be (b) from any area without restrictions under Movement of brucellosis exposed affected with brucellosis may be moved cattle for immediate slaughter. Brucel­ this subpart. interstate from specified areas only as § 78.7 Brucellosis reactor cattle. losis exposed cattle may be moved inter­ follows : state from any area for immediate (a) Certified Brucellosis-Free Areas. Brucellosis reactor cattle may only be slaughter directly to a slaughtering moved interstate under this section for Cattle from herds not known to be establishment operating under the pro­ affected with brucellosis in any Certified immediate slaughter directly to a visions of the Federal Meat Inspection slaughtering establishment operating Brucellosis-Free Area may be moved in­ Act (21 U.S.C. 601 et seq.), or directly terstate from such area into any area under the provisions of the Federal Meat to a specifically approved slaughtering Inspection Act (21 U.S.C. 601 et seq.), for any purpose if such cattle are accom­ establishment, or directly to a specifi­ panied by an owner’s statement, or other or directly to a specifically approved cally approved stockyard for sale and slaughtering establishment, or directly to document. shipment to such a slaughtering estab­ (b) Modified Certified Brucellosis a specifically approved stockyard for sale lishment, if such cattle are identified by Areas. Cattle from herds not known to to such a slaughtering establishment, in a Veterinary Services approved metal be affected with brucellosis in any Mod­ accordance with the following require­ eartag and by branding with heat the ified Certified Brucellosis Area may be ments: letter “S” on the left jaw in letters not moved interstate from such area into (a) Marking of brucellosis reactor cat­ less than 2 nor more than 3 inches high, any area under the conditions specified tle. Brucellosis reactor cattle shall be before the animals leave the premises marked for identification by branding in one or more of the following subpara­ from which they are moved interstate. graphs : the letter “B” on the left jaw in letters Such cattle shall be accompanied by a not less than 2 nor more than 3 inches (1) Movement for immediate slaugh­ permit. A separate permit shall be re­ ter. Such cattle may be so moved for high, and attaching to the left ear a quired for the subsequent interstate metal tag bearing a serial number and immediate slaughter either directly from movement of such cattle from any such a farm of origin or through a specifically the inscription “U.S. Reactor” or a sim­ stockyard directly to a slaughtering ilar State reactor tag. establishment. approved stockyard if they are accom­ (b) Required permit. Brucellosis re­ panied by an owner’s statement, or other (c) Movement of brucellosis exposed document. actor cattle shall be accompanied to des-< cattle for any purpose other than to tination by a permit for movement of the quarantined feedlots or for immediate (2) Movement to quarantined feedlots. animals in accordance with § 78.3. slaughter as provided in paragraphs (a) Such cattle may be so moved to a quar­ (c) Marking of records. Each transpor­ and (b) of this section. (1) Calves under antined feedlot either directly from a tation agency moving brucellosis reactor 6 months of age which are nursed by farm of origin or through a specifically cattle in the course of their interstate brucellosis exposed cows in a herd approved stockyard if they are accom­ movement shall plainly write or stamp known to be affected with brucellosis, panied by an owner’s statement, or other upon the face of each waybill, conductor’s which herd has been brucellosis tested document. manifest, switch order, vehicle inter­ within 10 days prior to interstate move­ (3) Movement for feeding, "breeding, or change record, or other document, which ment, or calves under 6 months of age for purposes other than in paragraphs it prepares in connection with such move­ that have been weaned from brucellosis (b) (I) and (2) of this section. Such cat­ ment, the words “ Brucellosis Reactor.” ' reactor or exposed cows for not less than tle may be so moved for feeding, breed­ (d) Segregation of brucellosis re­ 30 days immediately preceding the move­ ing, or for purposes other than those altor cattle en route interstate. Brucel­ ment may be moved interstate from any specified in paragraphs (b) (1) and (2) losis reactor cattle shall not be moved area into any area, for any purpose, of this section as follows: interstate in a railroad car, boat, truck, other than to a quarantined feedlot or for (i) Such cattle originating in Certified or other means of conveyance, contain­ immediate slaughter, if such calves are Brucellosis-Free herds may be so moved ing nonreactor animals susceptible to accompanied by a permit. if they are accompanied by a certificate, brucellosis, unless all of the animals (2) Cattle that were moved interstate which also states that the cattle origi­ are for immediate slaughter, or unless directly from the farm of origin to a nated in a. Certified Brucellosis-Free reactor cattle are kept separate from specifically approved stockyard in ac­ herd. the other animals by a partition secure­ cordance with the exception under (ii) Such cattle of the beef breeds ly affixed to the sides of the means of § 78.9(b) (3) (iii) and were subsequently under 24 months of age and other breeds conveyance. determined to be brucellosis exposed ani­ under 20 months of age which are not mals may be reshipped interstate di­ parturient (springers) or postparturient § 78.8 Brucellosis exposed cattle. rectly back to the farm of origin under may be so moved if such cattle are ac­ Brucellosis exposed cattle may be the following conditions: companied by an owner’s statement, or moved interstate from any area only (i) The appropriate regulatory official other document. under the conditions specified in any of of the State in which the animals are (iii) Other such cattle * may be so the following paragraphs: located and of the State to which the moved if they are accompanied by a cer­ (a) Movement of brucellosis exposedanimals are to be moved advise Veteri­ tificate, are subjected to an official test cattle to quarantined feedlots. Brucel­ nary Services that such movement would for brucellosis and found negative within losis exposed cattle may be moved inter­ not be contrary to the laws and regula­ 30 days prior to such interstate move- ' state from any area directly to a quar­ tions of their respective States; ment and the certificate shows in addi­ antined feedlot, or directly to a spe­ (ii) The State to which the animals tion to items required under §78.l(u ), cifically approved stockyard for sale are to be moved agrees to quarantine the the test dates and results of the official and shipment to a quarantined feedlot, cattle on arrival and to provide for test­ tests; except that cattle moved directly if such cattle are identified by a Veter­ ing of the cattle on the farm of origin from a farm of origin to a specifically inary Services approved metal eartag in accordance with chapter 1, part II-D approved stockyard shall be accompanied and by branding with heat the letter of the Uniform Methods and Rules; by an owner’s statement, or other docu­ “ S” on the left jaw, in letters not less (iii) A permit for the shipment is ob­ ment, and the shipper shall cause such than 2 nor more than 3 inches high, be­ tained by the shipper from a Veterinary cattle to be subjected to an official test fore the animals leave the premises Services representative, State represent­ from which they are moved interstate. ative, or an accredited veterinarian upon for brucellosis upon arrival and prior to Such cattle shall be accompanied by a determination made by a Veterinary losing identity with the herd of origin. permit. I f the movement is directly to Services representative that the other § 78.10 Cattle from qualified herds. a specifically approved stockyard for conditions of this paragraph (c) (2) have sale and shipment to a quarantined been met; and Cattle from qualified herds in any non- feedlot, a separate permit shall be re­ (iv) The cattle are accompanied to the certified area may be moved interstate quired for #ie subsequent interstate farm of origin by such permit. into any area only under the conditions

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17819 specified in one or more of the following Subpart C— Restrictions on Interstate (b) Movement of brucellosis exposed paragraphs: Movement of Bison Because of Brucellosis bison for immediate slaughter. Brucello­ (a) Movement for immediate slaugh­ § 78.13 General restrictions. sis exposed bison may be moved inter­ state from any area for immediate ter. Such cattle may be so moved for im­ Bison may not be moved interstate mediate slaughter either directly from a slaughter directly to a slaughtering es­ except in compliance with the regulations tablishment operating under the provi­ farm of origin or through a specifically in this subpart. approved stockyard if they are accom­ sions of the Federal Meat Inspection Act panied by an owner’s statement, or other § 78.14 Bison steers and spayed heifers. (21 U.S.C. 601 et seq.), or directly to a document. specifically approved slaughtering estab­ Bison steers and spayed heifers over 6 lishment, or to a specifically approved (b) Movement to quarantined feedlots: months of age may be moved interstate stockyard for sale and shipment to such Such cattle may be so moved to a quar­ from any area without restriction under a slaughtering establishment. Such bison antined feedlot either directly from a this subpart. shall be accompanied by a permit. farm of origin or through a specifically § 78.15 Brucellosis reactor bison. approved stockyard if they are accom­ § 78.17 Bison from herds not known to panied by an owner’s statement, or other Brucellosis reactor bison may only be be affected with brucellosis. document. moved interstate under this section for Bison from herds not known to be (c) Movement for feeding, "breeding, immediate slaughter directly to a slaugh­ affected with brucellosis may be moved or for purposes other than iu paragraphs tering establishment operating under the interstate from any area under the fol­ (a) and (b). Such cattle may be so provisions of the Federal Meat Inspection lowing conditions : moved for feeding, breeding, or for pur­ Act (21 U.S.C. 601 et seq.), or directly to (a) Movement for immediate poses other than those specified in para­ a specifically approved slaughtering es­ slaughter. Such bison may be so moved graphs (a) and (b) of this section, as tablishment, or directly to a specifically for immediate slaughter if they are ac­ follows: approved stockyard for sale to such a companied by an owner’s statement, or (1) Such cattle originating in Certified slaughtering establishment, in accord­ other document. Brucellosis-Free herds may be so moved ance with the following requirements: (b) Movement to quarantined feedlot. when accompanied by a certificate, (a) Marking of brucellosis reactor bi­ Such bison may be so moved to a quaran­ which also states that the cattle origi­ son. Brucellosis reactor bison shall be tined feedlot if they are accompanied by nated in a Certified Brucellois-Free herd. marked for identification by branding the an owner’s statement, or other document. (2) Official vaccinates of the beef letter “B” on the left jaw in letters not (c) Movement for feeding, breeding, or breeds under 24 months of age and of less than 2 nor more than 3. inches high, for purposes other than in paragraphs other breeds under 20 months of age at and attaching to the left ear a metal tag (a) and (b) of this section. Such bison the time of interstate movement may be bearing a serial number and the in­ may be so moved for feeding, breèding, so moved when accompanied by a cer­ scription “ U.S. Reactor,” or a similar or for purposes other than those speci­ tificate. State reactor tag. fied in paragraphs (a) and (b) of this (3) Other such cattle may be so (b) Required permit. Brucellosis reac­ section, as follows: moved when accompanied by a certificate, tor bison shall be accompanied to desti­ (1) Such bison calves under 6 months if such cattle, except calves under 6 nation by a permit for movement of the of age may be so moved when accom­ months of age, were subjected to an of­ animals in accordance with § 78.3. panied by a certificate. ficial test for brucellosis not less than 30 (c) Marking of records. Each trans­ days after the date of the last qualifying (2) Such officially vaccinated bison portation agency moving brucellosis re­ under 24 months of age which are not herd test and not more than 30 days be­ actor bison in the course of their inter­ parturient (springers) or postparturient fore the date of the interstate movement, state movement shall plainly write or and the certificate shows, in addition to may be so moved when accompanied by stamp upon th e. face of each waybill, a certificate. items required under § 78.1 (u ), the dates conductor’s manifest, switch order, ve­ (3) Such bison from a herd which has of any official test required by this para­ hicle interchange record, or other docu­ graph. been declared free of brucellosis by the ment which it prepares in connection cooperating State and Federal livestock § 78.11 Cattle from herds of unknown with such movement, the word “Brucel­ sanitary officials of the State in which status.8 losis Reactors.” the herd is located may b€ moved when Cattle which originate in herds of un­ (d) Segregation of brucellosis reactor accompanied by a certificate. known Status in any noncertified area bison en route interstate. (4) Other such bison may be so moved may be moved interstate only for imme­ Brucellosis reactor bison shall not be if they are accompanied by a certificate, diate slaughter directly to a slaughtering moved interstate in a railroad car, boat, are subjected to an official test for bru­ establishment operating under the pro­ truck, or other means of conveyance con­ cellosis and found negative within 30 visions of the Federal Meat Inspection taining non-reactor animals suseptible days prior to such interstate movement Act (21 U.S.C. 601 et seq.), or directly to brucellosis, unless all of the animals and the certificate shows in addition to to a specifically approved slaughtering es­ are for immediate slaughter, or unless items required under § 78.1 (u ), the dates tablishment, or directly to a quarantined the reactor bison are kept separate from of the official test. feedlot, or directly to a specifically ap­ the other animals by a partition secure­ proved stockyard for sale and shipment ly affixed to the sides of the means of § 78.18 Movement of bison from public directly to a quarantined feedlot or such conveyance. zoo to public zoo. a slaughtering establishment, when ac­ § 78.16 Brucellosis exposed bison. Bison from herds not known to be companied by a permit. affected with brucellosis and shipped Brucellosis exposed bison may be § 78.12 Other movements. from a zoo owned by a governmental moved interstate from any area only un­ agency to another such zoo may be moved The Deputy Administrator, Veterinary der the conditions specified in any of the Services, may upon request, in specific interstate from any area if handled in following paragraphs: accordance with § 78.4. cases, permit the interstate movement (a) Movement of brucellosis exposed not othèrwise provided for in this sub­ bison to quarantined feedlots. Brucellosis § 78.19 Other movements. part of cattle under such conditions as exposed bison may be moved interstate The Deputy Administrator, Veterinary he may prescribe in each case to prevent from any area directly to a quarantined Services, may upon request in specific feedlot, or directly to a specifically ap­ the spread of brucellosis. The Deputy Ad­ cases, permit the interstate movement proved stockyard for sale and shipment ministrator, Veterinary Services, will not otherwise provided for in this subpart to a quarantined feedlot. Such bison shall of bison under such conditions as he may promptly notify the appropriate live­ be accompanied by a permit. If the move­ prescribe in each case to prevent the ment is to a specifically approved stock- stock sanitary official of the States in­ spread of brucellosis. The Deputy Ad­ volved of any such action. yard'for sale and shipment to a quaran­ tined feedlot, a separate permit shall be ministrator, Veterinary Services, will 8 A herd of unknown status may become a required for the subsequent interstate promptly notify the appropriate live­ qualified herd as defined in § 78.1 (o) upon movement of such bisonvfrom any such stock sanitary official of the States in­ compliance with the provisions of § 78.1 (o ). stockyard to a quarantined feedlot. volved of any such action. FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17820 RULES AND REGULATIONS

Subpart D— Designation of Brucellosis Howard, Humboldt, Ida, Iowa, Jackson, Jas­ Morovis, Naranjito, Orocovis, Patillas, Penue- Areas, Specifically Approved Stockyards per, Jefferson, Johnson, Jones, Keokuk, Kos­ las, Ponce, Quebradillas, Rincon, Rio Grande, and Slaughtering Establishments suth, Lee, Linn, Louisa, Lucas, Lyon, Rio Pieddras, Sabana Grande, Salinas, San Mahaska, Marion, Marshall, Mills, Mitchell, German, San Juan, San Lorenzo, San Sebas­ § 78.20 Certified Brucellosis-Free Areas. . Monona, Monroe, Montgomery, Muscatine, tian, Santa Isabel, Toa Alta, Toa Baja, Tru­ The following States, or specified por­ O’Brien, Osceola, Page, Palo Alto, Plymouth, jillo Alto, Utuado, Vega Alta, Vega Baja, Pocahontas, Polk, Sac, Scott, Shelby, Sioux, Vieques, Villalba, Yabucoa, Yauco. tions thereof, are hereby designated as Story, Tama, Taylor, Union, Van Buren, Certified Brucellosis-Free Areas: Wapello, Washington, Webster, Winnebago, § 78.21 Modified Certified Brucellosis (a) Entire States. Arizona, California, Con­ Woodbury, Worth, Wright. Areas. necticut, Delaware, Hawaii, Idaho, Indiana, Kansas. Comanche, Doniphan, Ford, Grove, The following States, or specified por­ Maine, Maryland, Massachusetts, Michigan, Haskell, Hodgeman, Johnson, Lane, Marshall, Minnesota, Montana, Nevada, New Hamp­ Pawnee, Phillips, Riley, Scott, Trego, Wash­ tions thereof, are hereby designated as shire, New Jersey, New York, North Carolina, ington. Modified Certified Brucellosis Areas: North Dakota, Ohio, Oregon, Pennsylvania, Kentucky. Bell, Breathitt, Campbell, Clay, (a) Entire States. Alaska, Louisiana, Ne­ Rhode Island, South Carolina, Vermont, Vir­ Edmondson, Floyd, Harlan, Jackson, John­ braska. ginia, Washington, West Virginia, Wisconsin, son, Kenton, Knott, Knox, Lawrence, Lee, (b ) Specific Counties Within States— Ala­ Virgin Islands. Leslie, Letcher, Lewis, Magoffin, Martin, bama. Autauga, Baldwin, Bibb, Blount, Bul­ (b ) Specific Counties Within States— Ala­ McCreary,Menifee, Morgan, Owsley, Pendle­ lock, Butler, Calhoun, Chambers, Chilton, bama. Barbour, Cherokee, Clay, Cleburne, ton, Perry, Pike, Robertson, Rowan, Trimble, Choctaw, Clarke, Coffee, Colbert, Conecuh, Dale, Etowah, Geneva, Henry, Houston, Lee, Whitley, Wolfe. Coosa, Covington, Crenshaw, Cullman, Dallas, Russell. Mississippi. Alcorn, Hancock, Harrison, De Kalb, Elmore, Escambia, Fayette, Frank­ Arkansas. Ashley, Baxter, Benton, Boone, Jackson, Stone, Tishomingo. lin, Greene, Hale, Jackson, Jefferson,-Lamar, Bradley, Calhoun, Carroll, Clay, Cleburne, Missouri. Audrain. Carter, Dallas, Doug­ Lauderdale, Lawrence, Limestone, Lowndes, Cleveland, Columbia, Conway, Craighead, las, Dunklin, Franklin, Gasconade, Hickory, Macon, Madison, Marengo, Marlon, Marshall, Crawford, Dallas, Drew, Franklin, Fulton, Iron, Jackson, Laclede, Lewis, Marion, Miller, Mobile, Monroe, Montgomery, Morgan, Perry, Garland, Grant, Greene, Jackson, Johnson, Moniteau, Montgomery, Perry, Platte, Pu ­ Pickens, Pike, Randolph, St. Clair, Shelby, Lafayette, Madison, Marion, Monroe, Mont­ laski, St. Louis, Schuyler, Shelby. Sumter, Talladega, Tallapoosa, Tuscaloosa, gomery, Newton, Ouachita, Perry, Pike, Polk, New Mexico. Bernalillo, Catron, Dona Ana, Walker, Washington, Wilcox, Winston. Pope, Prairie, Searcy, Sharp, Stone, Union, Grant, Harding, Lincoln, Los Alamos, Luna, Arkansas. Arkansas, Chicot, Clark, Critten­ Woodruff, Yell. McKinley, Otero, Sandoval, San Juan, Santa den, Cross, Desha, Faulkner, Hempstead, Hot Colorado. Adams, Alamosa, Arapahoe, Ar­ Fe, Sierra, Taos, Acoma Indian Reservation, Spring, Howard, Independence, Izard, Jeffer­ chuleta, Bent, Boulder, Chaffee, Cheyenne, Laguna Indian Reservation, Chociti Indian son, Lawrence, Lee, Lincoln, Little River, Clear Creek, Conejos, Costilla, Crowley, Cus­ Reservation, Jemez Indian Reservation, Logan, Lonoke, Miller, Mississippi, Nevada, ter, Delta, Denver, Dolores, Douglas, Eagle, Jicarilo Indiai) Reservation, Mescallero In­ Phillips, Poinsett, Pulaski, Randolph, Saline, Elbert, El Paso, Fremont, Garfield, Gilpin, dian Reservation, Navajo Indian Reserva­ Scott, St. Francis, Sebastian, Sevier, Van Grand, Gunnison, Hinsdale, Huerfano, Jack- tion, Zuni Indian Reservation, Canonclto Buren, Washington, White. son, Jefferson, Kit Carson, Lake, La Plata, Navajo Reservation. Colorado. Baca, Kiowa, Morgan, Prowers, Larimer, Las Animas, Lincoln, Logan, Mesa, South Dakota. Aurora, Bennett, Bon Pueblo, Yuma, Southern Ute Indian Reser­ Mineral, Moffat, Montezuma, Montrose, Otero, Homme, Brookings, Brown, Brule, Buffalo, vation, Ute Mountain Indian Reservation. Ouray, Park, Phillips, Pitkin, Rio Blanco, Rio Butte, Campbell, Charles Mix, Clark, Clay, Florida. Alachua, Bradford, Broward, Char­ Grande, Routt, Saguache, San Juan, San Codington, Corson, Custer, Davison, Day, lotte, Citrus, Clay, Collier, Columbia, De Soto, Miguel, Sedgwick, Summit, Teller, Washing­ Deuel, Dewey, Douglas, Fall River, Faulk, Duval, Flagler, Gilchrist, Glades, Hardee, ton, Weld. Grant, Gregory, Haakon, Hamlin, Hand, Han­ Hendry, Hernando, Highlands, Hillsborough, Florida. Baker, Bay, Brevard, Calhoun, son, Harding, Hughes, Hutchinson, Hyde, Indian River, Jefferson, Lafayette, Lake, Lee, Dadej Dixie, Escambia, Franklin, Gadsden, Jackson, Jerauld, Kingsbury, Lake, Lawrence, Levy, Madison, Manatee, Marion, Martin, Gulf, Hamilton, Holmes, Jackson, Leon* Lib­ Lincoln, Lyman, McCook, McPherson, Meade, Nassau, Okeechobee, Osceola, Palm Beach, erty, Monroe, Okaloosa, Orange, Pasco, Santa Mellette, Miner, Minnehaha, Moody, Penn­ Pinellas, Polk, Putnam, St. Johns, St. Lucie, Rosa, Sumter, Taylor, Wakulla, Walton, ington, Perkins, Potter, Roberts, Sanborn, Sarasota, Seminole, Suwanee, Union, Volusia. Washington. Shannon, Spink, Sully, Todd, Tripp, Turner, Georgia. Baker, Baldwin, Bartow, Ben Hill, Georgia. Appling, Atkinson, Bacon, Banks, Union, Walworth, Washabaugh, Yankton, Berrien, Bibb, Bleckley, Brooks", Calhoun, Barrow, Brantley, Bryan, Bulloch, Burke, Ziebach. ' ;r **' Carroll, Catoosa, Chattooga, Cherokee, Clay, Butts, Camden, Candler, Charlton, Chatham, Tennessee. Anderson, Benton, Bledsoe, Clinch, Cobb, Coffee, Colquitt, Columbia, Chattahoochee, Clarke, Clayton, Cook, Craw­ Blount, Campbell, Cannon, Carter, Cheatham, Coweta, Crisp, Dade, Decatur, Dodge, Dooly, ford, Dawson, De Kalb, Echols, Efl&ngham, Claborne, Cumberland, Davidson, Decatur, Dougherty, Douglas, Early, Elbert, Emanuel, Evans, Fannin, Franklin, Glascock, Glynn, Dickson, Fentress, Grainger, Greene, Grundy, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gor­ Greene, Habersham, Henry, Jeff Davis, John­ Hamblen, Hancock, Hardin, Houston, Jackson, don, Grady, Gwinnett, Hall, Hancock, Haral­ son, Jones, Lanier, Laurens, Liberty, Long, Jefferson, Johnson, Knox, Lake, Lincoln, son, Harris, Hart, Heard, Houston, Irwin, Madison, McIntosh, Monroe, Peach, Rabun, Meigs, Monroe, Montgomery, Morgan, Polk, Jackson, Jasper, Jefferson, Jenkins, Lamar, Richmond, Rockdale, Schley, Screven, Ste­ Roane, Robertson, Rutherford, Scott, Sevier, Lee, Lincoln, Lowndes, Lumpkin, Macon, phens, Taylor, Telfair, Toombs, Towns, Truet- Sullivan, Unicoi, Union, Van Buren, Warren, Marion, McDuffie, Meriwether, Miller, len, Twiggs, Upson, Ware, Washington, Washington, Wayne, White. Mitchell, Montgomery, Morgan, Murray, Mus­ Wayne, Wheeler, White, Wilkinson. Texas. Brewster, Comal, Crane, Culberson, cogee, Newton, Oconee, Oglethorpe, Paulding,

Illinois. Adams, Alexander, Boone, Bureau, Ector, El Paso, Gray, Hansford, Hartley, Pickens, Pierce, Pike, Polk, Pulaski, Putnam, Calhoun, Carroll, Cass, Champaign, Christian, Hemphill, Irion, Jeff Davis, Kerr, Kinney, Quitman, Randolph, Seminole, Spalding, Clark, Clay, Clinton, Coles, Cook, Crawford, Lipscomb, Llano, Loving, Newton, Pecos, Stewart, Sumter, Talbot, Taliaferro, Tattnall, Cumberland, De Kalb, De Witt, Du Page, Ed­ Reagan, Reeves, Roberts, Sterling, Terrell, Val Terrell, Thomas, Tift, Troup, Turner, Union, gar, Edwards, Fayette, Ford, Franklin, Greene Verde, Ward, Winkler. Walker, Walton, Warren, Webster, Whitfield, Grundy, Hamilton, Hancock, Henderson, Wilcox, Wilkes, Worth. Iroquois, Jackson, Jasper, Jefferson, Jer­ Utah. Beaver, Box Elder, Carbon, Daggett, Illinois. Bond, Brown, Douglas, Effingham, sey, Jo Daviess, Kane, Kankakee, Kendall, Davis, Duchesne, Emery, Garfield, Grand, Fulton, Gallatin, Hardin, Henry, Johnson, Knox, Lake, LaSalle, Lawrence, Lee, Livings­ Iron, Juab, Kane, Millard, Morgan, Piute, Mason, Pike, Pope, Wayne, Williamson, ton, Logan, Macon, Macoupin, Madison, Rich, Salt Lake, San Juan, Sanpete, Sevier, Woodford. Marion, Marshall, Massac, McDonough, Mc­ Summit, Tooele, Uintah, Utah, Wasatch, Henry, McLean, Menard, Mercer, Monroe, Washington, Wayne, Weber. Iowa. Allamakee, Appanoose, Crawford, Montgomery, Morgan, Moultrie, Ogle, Peoria, Wyoming-. Albany, Big Horn, Campbell, Car­ Davis, Decatur, Dubuque, Guthrie, Madison, Perry, Piatt, Pulaski, Putnam, Randolph, bon, Converse, Crook, Fremont, Goshen, Hot Pottawattamie, Poweshiek, Ringgold, Warren, Richland, Rock Island, St. Clair, Saline, San­ Springs, Johnson, Laramie, Natrona, Nio­ Wayne, Winneshiek. gamon, Schuyler, Scott, Shelby, Stark, brara, Park, Platte, Sheridan, Sublette, Kansas. Allen, Anderson, Atchison, Barber, Stephenson, Tazewell, Union, Vermilion, Sweetwater, Teton, Uinta, Washakie, Weston. Barton, Bourbon,- Brown, Butler, Chase, Wabash, Warren, Washington, White, White- Puerto Rico. Adjuntas, Aguada, Aguadilla, Chautauqua, Cherokee, Cheyenne, Clark, side, Will, Winnebago. Aguas Buenas, Aibonito, Añasco, Arroyo, Clay, Cloud, Coffey, Cowley, Crawford, Deca­ Iowa. Adair, Adams, Audubon, Benton, Barceloneta, Barr anquí tas, Bayamom, Cabo tur, Dickinson, Douglas, Edwards, Elk, Ellis, Black Hawk, Boone, Bremer, Buchanan, Rojo, Caguas, Camuy, Oanovanas (Loiza), Ellsworth, Finney, Franklin, Geary, Graham, Buena Vista, Butler, Calhoun, Carroll, Cass, Catano, Cayey, Ceiba, Cíales, Cidra, Coama, Grant, Gray, Greeley, Greenwood, Hamilton, Cedar, Cerro Gordo, Cherokee, Chickasaw, Comerio, Coroza!, Culebra, Dorado, Fajardo, Harper, Harvey, Jackson, Jefferson, Jewell, Kearny, Kingman, Kiowa, Labette, Leaven­ Clarke, Clay, Clayton, Clinton, Dallas, Dela­ Guanica, Guayama, Guayanilla, Gurabo, worth,' Lincoln, Linn, Logan, Lyon, Marlon, ware, Des Moines, Dickinson, Emmet, Fayette, Hormigueros, Humacao, Isabela, Jayuya, Juana McPherson, Meade, Miami, Mitchell, Mont­ Floyd, Franklin, Fremont, Greene, Grundy, Diaz, Lajas, Lares, Las Marias, Luquillo, Man­ gomery, Morris, Morton, Nemaha, Neosho, Hamilton, Hancock, Hardin, Harrison, Henry, atí, Maricao, Maunabo, Mayaguez, Moca, Ness, Norton, Osage, Osborne, Ottawa, Pot-

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 RULES AND REGULATIONS 17821 tawatomie, Pratt, Rawlins, Reno, Republic, Hamilton, Hardeman, Hawkins, Haywood, inary Services representative or a State Rice, Rooks, Rush, Russell, Saline, Sedgwick, Henderson, Henry, Hickman, Humphreys, representative. Seward, Shawnee, Sheridan, Sherman, Smith, Lauderdale, Lawrence, Lewis, Loudon, M a­ (b) Notices containing lists of slaught­ Stafford, Stanton, Stevens,' Sumner, Thomas, con, Madison, Marion, Marshall, Maury, Mc- ering establishments specifically ap­ Wabaunsee, Wallace, Wichita, Wilson, Wood- Minn, McNairy, Moore, Obion, Overton, son, Wyandotte. Perry, Pickett, Putnam, Rhea, Sequatchie, proved for the purposes of the regulations Kentucky. Adair, Allen, Anderson, Ballard, Shelby, Smith, Stewart, Sumner, Tipton, in this part are published in the F ederal Barren, Bath, Boone, Bourbon, Boyd, Boyle, Trousdale, Weakley, Williamson, Wilson. R eg ister . Information with respect to Bracken, Breckinridge, Bullitt, Butler, Cald­ Texas. Anderson, Andrews, ^Angelina, these slaughtering establishments may well, Calloway, Carlisle, Carroll, Carter, Casey, Aransas, Archer, Armstrong, Atascosa, Aus­ also be obtained from the Veterinary Christian, Clark, Clinton, Crittenden, Cum­ tin, Bailey, Bandera, Bastrop, Baylor, Bee, Services representative or a State repre­ berland, Daviess, Elliott, Estill, Fayette, Flem­ Bell, Bexar, Blanco, Bordern, Bosque, Bowie, sentative. ing, Franklin, Fulton, Gallatin, Garrard, Brazoria, Brazes, Briscoe, Brooks, Brown, Grant, Graves, Grayson, Green, Greenup, Burleson, Burnet, Caldwell, Calhoun, Cal­ § 78.25 Designation of areas; approval Hancock, Hardin, Harrison, Hart, Henderson, lahan, Cameron, Camp, Carson, Cass, Cas­ of stockyards and slaughtering estab­ Henry, Hickman, Hopkins, Jefferson, Jessa­ tro, Chambers, Cherokee, Childress, Clay, lishments. mine, Larue, Laurel, Lincoln, Livingston, Cochran, Coke, Coleman, Collins, Collings­ Logan, Lyon, Madison, Marion, Marshall, Ma­ worth, Colorado, Comanche, Concho, Cooke, (a) The Deputy Administrator, Veter­ son, McCracken, McLean, Meade, Mercer, Coryell, Cottle, Crockett, Crosby, Dallam, inary Services, is authorized to amend Metcalfe, Monroe, Montgomery, Muhlenberg, Dallas, Dawson, Deaf Smith, Delta, Denton, §§ 78.20, 78.21, and 78,22 to designate Nelson, Nicholas, Ohio, Oldham, Owen, De Witt, Dickens, Dimmit, Donley, Duval, States or political subdivisions or portions Powell, Pulaski, Rockcastle, Russell, Scott, Eastland, Edwards, Ellis, Falls, Fannin, thereof as Certified Brucellosis-Free Shelby, Simpson, Spencer, Taylor, Todd, Fayette, Fisher, Floyd, Foard, Fort Bend, Areas, Modified Certified Brucellosis Trigg, Union, Warren, Washington, Wayne, Franklin, Frio, Gaines, Galveston, Garza, Webster, Woodford. Areas, or Noncertified Areas, respectively, Gillespie/ Glassock, Goliad, Gonzales, Gray­ when he determines that, the areas come Mississippi. Adams, Amite, Attala, Benton, son, Gregg, Grimes, Guadalupe, Hale, Hall, Bolivar, Calhoun, Carroll, Choctaw, Chicka­ Hamilton, Hardeman, Hardin, Harris, Har­ within the appropriate definitions in saw, Claiborne, Clarke, Clay, Coahoma, Co­ rison, Haskell, Hays, Hidalgo, Hill, Hockley, § 78.1 (1), (m ), or (n ), and to delete any piah, Covington, De Soto, Forrest, Franklin, Hood, Hopkins, Houston, Howard Hudspeth, area from any such list when he deter-, George, Greene, Grenada, Hinds, Holmes, Hunt, Hutchinson, Jack, Jackson, Jasper, mines that the area no longer comes Humphreys, Issaquena, Itawamba, Jasper, Jefferson, Jim Hogg, Jim Wells, Johnson, within the relevant definition. Jefferson, Jefferson Davis, Jones, Kemper, Jones, Karnes, Kendall, Kenedy, Kent, (b) The Deputy Administrator is Lafayette, Lamar, Lauderdale, Lawrence, Kimble, King, Kleberg, Knox, Lamar, Lamb, Leake, Lee, Leflore, Lincoln, Lowndes, Madi­ authorized to specifically approve stock- Lampasas, LaSalle, Lavaca, Lee Leon, Liber­ yards for the purposes of the regulations son, Marion, Marshall, Monroe, Montgomery, ty, Lubbock, Lynn, McCulloch, McLennan, Neshoba, Newton, Noxubee, Oktibbeha, McMullen, Madison, Marion, Martin, Mason, in this part and to promulgate notices Panola, Pearl River, Perry, Pike, Pontotoc, Matagorda, Maverick, Medina, Menard, Mid­ listing such stockyards in accordance Prentiss, Quitman, Scott, Sharkey, Simpson, land, Milam, Mills, Mitchell, Montague, with § 78.23 when he determines that the Smith, Sunflower, Tallahatchie, Tate, Tippah, Montgomery, Moore, Morris, Motley, Nacog­ inspection and handling of livestock at Tunica, Union, Walthall, Warren, Washing­ doches, Nolan, Nueces, Ochiltree, Oldham, ton, Wayne, Webster, Wilkinson, Winston, such stockyards are adequate to effectu­ Orange, Palo Pinto, Panola, Parker, Parmer, Yalobusha, Yazoo. ate the purposes of the regulations in Polk, Potter, Presidio, Rains, Randall, Real, Missouri. Adair, Andrew, Atchison, Barry, this part and that Veterinary Services Red River, Refugio, Robertson, Rockwall, Barton, Bates, Benton, Bollinger, Boone, B u ­ and the State in which such stockyards Runnels, Rusk, Sabine, San Augustine, San chanan, Butler, Caldwell, Callaway, Camden, Jacinto, San Patricio, San Saba, Schleicher, are located have entered into a Memo­ Cape Girardeau, Carroll, Cass, Cedar, Chari­ Scurry, Shackelford, Sheiby, Sherman, randum of Understanding setting forth ton, Christian, Clark, Clay, Clinton, Cole, Somervell, Starr, Stephens, Stonewall, Sut­ certain standards for such stockyards. Cooper, Crawford, Dade, Daviess, De Kalb, Dent, Gentry, Greene, Grundy, Harrison, ton, Swisher, Tarrant, Taylor, Terry, Throck­ The Deputy Administrator may with­ Henry, Holt, Howard, Howell, Jasper, Jeffer­ morton, Titus, Tom Green, Travis, Trinity, draw approval and remove any stock- son, Johnson, Knox, Lafayette, Lawrence, Tyler, Upshur, Upton, Uvalde, Van Zandt, yard from the said list when he finds Lincoln, Linn, Livingston, Maean, Madison, Victoria, Walker, Waller, Washington, Webb, that the inspection or handling of live­ Maries, McDonald, Mercer, Mississippi, Mon­ Wharton, Wheeler, Wichita, Wilbarger, Wil­ stock at such stockyard is no longer ade­ roe» Morgan, New Madrid, Newton, Nodaway, lacy, Williamson, Wilson, Wise, Wood, Yoak­ um, Young, Zapata, Zavala. quate to effectuate the purposes of such Oregon, Osage, Ozark, Pemiscot, Pettis, regulations, or when he determines that Phelps, Pike, Polk, Putnam, Ralls, Randolph, Utah. Cache. Ray, Reynolds, Ripley, St. Charles, St. Clair, Wyoming. Lincoln. there is not full compliance with all pro­ St. Francois, St. Genevieve, Saline, Scotland, Puerto Rico. Arecibo, Carolina, Guaynabo, visions of the standards involved, or Scott, Shannon, Stoddard, Stone, Sullivan, Hatillo, Juncos, Las Piedras, Naguabo. when such Memorandum of Understand­ Taney, Texas, Vernon, Warren, Washington, § 78.22 Njmcertified Areas. ing between Veterinary Services and the Wayne, Webster, Worth, Wright. State within which such stockyard is New Mexico. Chaves, Colfax, Curry, De Mississippi. Rankin. located has been terminated. The Deputy Oklahoma. Bryan, Okfuskee. Baca, Eddy, Guadalupe, Hidalgo, Lea, Mora, Administrator is further authorized to Quay, Rio Arriba, Roosevelt, San Miguel, Texas. Freestone, Henderson, Kaufman, Socorro, Torrance, Union, Valencia, Isleta Limestone, Live Oak, Navarro, Smith. specifically approve slaughtering estab­ Indian Reservation. lishments for the purposes of the regu­ Oklahoma. Adair, Alfalfa, Atoka, Beaver, § 78.23 Specifically approved stock- lations in this part and to promulgate Beckham, Blaine, Caddo, Canadian, Carter, yards. notices listing such, slaughtering estab­ Cherokee, Choctaw, Cimarron, Cleveland, Notices containing lists of stockyards lishments in accordance with § 78.24(b) Coal, Comanche, Cotton, Craig, Creek, Custer, specifically approved for the purposes of when he determines that the inspection Delaware, Dewey, Ellis, Garfield, Garvin, the regulations in this part are published and handling of livestock or carcasses Grady, Grant, Greer, Harmon, Harper, Has­ in the F ederal R e g ister . Information or products thereof at such slaughtering kell, Hughes, Jackson, Jefferson, Johnston, establishment is adequate to effectuate Kay, Kingfisher, Kiowa, Latimer, Le Flore, with respect to these stockyards may also Lincoln, Logan, Love, McClain, McCurtain, be obtained from Veterinary Services the purposes of such regulations. The McIntosh, Major, Marshall, Mayes, Murray, representatives and State inspectors, Deputy Administrator may remove any Muskogee, Noble, Nowata, Oklahoma, Ok­ slaughtering establishment from the said mulgee, Osage, Ottawa, Pawnee, Payne, § 78.24 Slaughtering establishments. list when he finds that the inspection or Pittsburg, Pontotoc, Pottawatomie, Push­ (a) Information with respect to the mataha, Roger Mills, Rogers, Seminole, slaughtering establishments operating handling of livestock or carcasses or Sequoyah, Stephens, Texas, Tillman, Tulsa, products thereof at such slaughtering Wagoner, Washington, Washita, Woods, under the provisions of the Federal Meat Woodward. Inspection Act (21 U.S.C. 601 et seq.), establishment is no longer adequate to South Dakota. Beadle, Brookings, Ed­ may be obtained from the Meat and effectuate the purposes of such regula­ munds, Jones, Marshall, Stanley, Crow Creek Poultry Inspection Program, Animal and tions. Indian Reservation. Plant Health Inspection Service, United (c) Before the Deputy Administrator Tennessee. Bedford, Bradley, Carroll, Chester, Clay, Coffee, Crockett, DeKalb, States Department of Agriculture, Wash­ withdraws specific approval and removes Dyer, Fayette, Franklin, Gibson, Giles, ington, DC. 20250, and from the Veter­ any specifically approved stockyard or

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 17822 RULES AND REGULATIONS slaughtering establishment from respec­ accomplish their purpose in the public cable, unnecessary, and contrary to the tive approved lists, the owner of such interest. Insofar as the amendments re­ public interest, and good cause is found establishment shall be given notice by lieve certain restrictions no longer for making them effective less than 30 the Deputy Administrator of the charges deemed necessary to prevent the spread days after publication in the F ederal against him and shall have an oppor­ of brucellosis, they must be made effec­ R egister. tunity to present his views. In those in­ tive promptly in order to be of maximum Done at Washington, D.C., this 15th stances where there -is a conflict as to benefit to affected persons. It does not day of April 1975. the facts, a hearing shall be held to re­ appear that further public participation N o t e . Incorporation by reference pro­ solve such conflicts. in this rulemaking proceeding would visions approved by the Director of the Effective date. The foregoing amend­ make additional relevant information Federal Register on April 17, 1975. ments shall become effective April 22, available to the Department. J. M . H e j l , 1975. Accordingly, under the administrative Deputy Administrator, Veteri­ Insofar as the amendments impose re­ procedure provisions of 5 U.S.C. 553, it is nary Services, Animal and strictions necessary in order to prevent found upon good cause that further no­ Plant Health Inspection Serv­ the interstate spread of brucellosis, they tice and other public procedure with re­ ice. must be made effective immediately to spect to the amendments are impracti­ [P R Doc.75-10296 Piled 4-21-75;8:45 am]

FEDERAL REGISTER, VOL. 40, N O . 78— TUESDAY, APRIL 22, 1975 TUESDAY, APRIL 22, 1975

WASHINGTON, D.C.

Volume 40 ■ Number 78

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Office of Human Development

RUNAWAY YOUTH- PROGRAM AND ACTIVITIES

Notice of Proposed Rulemaking 17824 PROPOSED RULES

DEPARTMENT OF HEALTH, Subpart B— Grants Program The manual is available to the public by Sec. EDUCATION, AND WELFARE 1351.10 Purpose. purchase on a subscription basis from 1351.11 Eligibility. ' the Superintendent of Documents, U.S. Office of Human Development 1351.12 Duration of Federal assistance. Government Printing Office. In addition, [4 5 CFR Part 1351] 1351.13 Application; scope. it is available for public inspection and 1351.14 Application; content. copying in the Department’s central and RUNAWAY YOUTH; PROGRAM AND 1351.15 Priority. regional office information centers pur­ ACTIVITIES 1351.16 Size of grant. suant to the Department’s public infor­ Notice of Proposed Rule Making 1351.17 Approval by Secretary. mation regulation (45 CFR Part 5). Subpart C— Contracts Notice is hereby given that the Assist­ (i) /‘Juvenile justice system” means ant Secretary for Human Development, 1351.25 Purpose. agencies such as, but not limited to, ju­ with the approval of the Secretary of 1351.26 Provisions. venile courts, law enforcement, proba­ Health, Education, and Welfare, proposes Subpart D— Grants Administrative Provisions tion, parole, correctional institutions and detention facilities. to issue regulations to implement the 1351.30 General. Runaway Youth Act, Title ni of the 1351.31. Nature and use of grants. (j) “Law enforcement structure” Juvenile Justice and Delinquency Pre­ 1351.32 Application, review, award, and means any police activity or agency with vention Act of 1974, Public Law 93-415, amendment of grants. legal responsibility for enforcing a crim­ approved September 7, 1974, which au­ 1351.33 Cost sharing, matching, and pay­ inal code including, but not limited to, ments. police departments and sheriffs’ offices. thorizes financial assistance for the pur­ 1351.34 Confidentiality and other public pose of developing local facilities to deal (k) “Locality” means a unit of general policy requirements. local government such as a city, county, primarily with the immediate needs of 1351.35 Financial and administrative re­ runaway youth in a manner which is out­ quirement». township, town, borough, parish or vil­ side the law enforcement structure and 1351.36 Reporting requirements. lage, or a combination of such units. juvenile justice system. For this purpose 1351.37 Grantee procurements. (l) “Nonprofit private agency” means it is proposed to add Part 1351 to 45 1351.38 Property requirements. any agency, organization or institution CFR Chapter XIII. 1351.39 Allowability of costs. no part of the net earnings of which 1351.40 Grant closeout, suspension and inures, or may lawfully inure, to the Part A of Title IH provides for grants termination [Reserved]. and technical assistance to localities and benefit of any private shareholder or in­ nonprofit private agencies for the estab­ A u t h o r i t y : 88 Stat. 1130 (42 U.S.C. 5702). dividual. It may include agencies which lishment, strengthening, or funding of are fully controlled by private boards or such local facilities. Subpart A— Definitions persons. (m) “ Office” means the Office of Youth Interested persons are invited to sub­ § 1351.1 Definitions. mit written comments, suggestions or ob­ Development within the Department of jections regarding the proposed Part 1351 For the purposes of this part, unless Health, Education, and Welfare. on or before May 22, 1975 to the Office the context otherwise requires: (n) “Past experience,” with respect to of Youth Development, Office of Human (a) “Act” means the Runaway Youth the priority of private organizations or Development, Department of Health, Act, Title i n of the Juvenile Justice and institutions for funding under this part, Education, and Welfare, 400 Sixth Street, Delinquency Prevention Act of 1974 (P.L. means that a major activity of such or­ SW, Room 1651A, Washington, D.C. 93-415). ganizations or institutions has been the 20201. All written submissions made (b) “Aftercare counseling” and “after­ provision of temporary shelter, counsel­ pursuant to thia Notice will be made case services” mean the provision of serv­ ing and referral services to runaway available for public inspection at the ices to runaway youth and their fami­ youth and their families, either directly above address on Monday through Friday lies, following the youth’s return home or through linkages established with of each week from 9 A.M. to 5:30 P.M. or placement in alternative living ar­ other community agencies. (Area Code 202, 245-2873). rangements which assist in alleviating (o) “Program budget” means the total Federal financial assistance under Part the problems which contributed to their amount of funds expended by the appli­ 1351 is subject to the regulations in 45 running away. cant on services for runaway youth in CFR Part 80, issued by the Secretary of (c) “Area” means a specific neighbor­ the area during the 12 months preceding Health, Education, and Welfare and ap­ hood or section of the locality in which the submission of its application. the runaway program is or will be proved by the President, to effectuate the (p) “Runaway house” means a locally located. provisions of section 601 of the Civil controlled facility outside the law en­ Rights Act of 1964 (42 U.S.C. 2000d). (d) “Budget period” means the inter­ forcement structure and the juvenile vals of time, usually 12 months, for which justice system providing temporary shel­ Federal financial assistance under Part funds are awarded. ter, either directly or through other fa ­ 1351 is also subject to the provisions of (e) “Counseling services” means the cilities, and counseling services to run­ section 504 of the Rehabilitation Act of provision of guidance, support, and ad­ away youth. 1973 (29 U.S.C. 794). vice to runaway youth and their families (q) “Runaway youth” means a person The provisions of 45 CFR Part 74 and designed to alleviate the problems which under 18 years of age who absents him­ certain enumerated chapters of the De­ contributed to the youth’s running away, self from home or legal residence without partment of Health, Education, and Wel­ resolve intrafamily problems, and to help permission of parents or legal guardian. fare Grants Administration Manual shall youth decide upon a future course of (r) “Secretary” means the Secretary apply to all grants under this part. action. of the Department of Health, Education, Dated: March 27, 1975. (f) “Demonstrably .frequented by or and Welfare. reachable” means located in an area in (s) “State” means any State of the S t a n l e y B. T h o m a s , Jr., which runaway youth congregate or an United States, the District of Columbia, Assistant Secretary area accessible to runaway youth by pub­ the Commonwealth of Puerto Rico, the for Human Development. lic transportation or by the provision of Trust Territory of the Pacific Islands, Approved: April 15, 1975. transportation by the runaway house itself. and any territory or possession of the * C aspar W. W e in b e r g e r , United States. Secretary. (g) “Facility” means a physical struc­ ture in which services are provided to (t) “Technical assistance” means the Chapter X H I of Title 45 of the Code of runaway youth and their families. provision of expertise for the purpose of. Federal Regulations is amended by add­ (h) “Grants Administration Manual” developing and strengthening services ing Part 1351 as follows; (hereinafter referred to as the GAM) for runaway youth. PART 1351— RUNAWAY YOUTH means the Department of Health, Edu­ cation, and Welfare staff manual which (u) “Temporary shelter” means the Subpart A— Definitions provision of short-term room and board Sec. sets forth policies for the administration 1351.1 Definitions. of grants by agencies of the Department. by a runaway house.

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 PROPOSED RULES 17825

>. i l i : M Wf i M , 11 \ Subpart B— -Grants Program demonstrated need, may receive a waiver agency reports or other types of relevant from the Secretary of this 15 percent data to substantiate that the facility is § 1351.10 Purpose. limitation. or will be located in an area which run­ (a) The purpose of this subpart is to away youth frequent or verification that §1351.14 Application; content. assist States, localities and nonprofit pri­ the facility is or will be located in an vate agencies to develop local facilities An application for funds under this area easily accessible by public transpor­ to deal primarily with the immediate subpart shall contain the following in­ tation or that transportation is or will be needs of runaway youth in a manner formation; provided through arrangements with which is outside the law enforcement (a) A budget for the proposed period other agencies or by the facility itself; structure and the juvenile justice sys­ and a budget justification; (k) Assurance that the runaway house tem; (b) A description of the qualifications, shall comply with, or exceed, applicable (b) Grants will be made under this roles and functions of the principal staff State and local licensing requirements subpart for the purpose of establishing, to be responsible for the project; including, but not limited to, building, strengthening or funding existing or pro- (c) A detailed description of a staffing health and safety codes; ' posed runaway houses. pattern which conforms to applicable (l) A description of the plans to be State and local licensing requirements. followed in contacting the runaway’s par­ § 1351.11 Eligibility.” At a minimum, the staffing pattern must ents, legal guardian or relatives. In the (a) Grants under this subpart may be provide for the presence of at least one absence of applicable State laws, the run­ made to States, localities or nonprofit adult staff member on the premises away house shall be required to contact private agencies; Provided, however, whenever youth are using the runaway the youth’s parents, legal guardian or that agencies and organizations which house and for a staff member to be on relatives preferably within 24 hours but are a part of the law enforcement struc­ the premises or accessible by telephone no more than 72 hours following the time ture and the juvenile justice system are 24 hours a day when youth are not using of the youth’s admission into the run­ not eligible applicants; the facility; away house; (b) Nothing in this part shall be con­ (d) A description of the methods to be (m) A description of the procedures to be followed in assuring the safe return strued to; employed in«providing staff and decision­ (1) Deny grants to nonprofit private making roles for youth in the operation of the youth, either home or to an ap­ agencies fully controlled by private of the runaway house; propriate alternative living arrangement, boards or persons but which in other re­ (e) A description of the methods to be according to the best interests of the spects meet the requirements of this followed in utilizing youth and adult youth. The procedures to be employed part. Such private agencies must agree volunteers in the operation of the run­ must provide for the involvement of both to be legally responsible for the opera­ away house; the youth and the parents or legal guard­ tion of the runaway house; ( f ) A description of the methods to be ian, and must be geared toward develop­ (2) Give the Federal Government con­ employed in implementing the following ing a consensus as to what constitutes trol over the staffing and personnel de­ programmatic goals: the best interests of the youth; cisions of facilities receiving Federal (1) Alleviating the problems of run­ (n) A description of the arrangements funds. away youth; to be established with appropriate agen­ (2) Reuniting youth with their fam­ cies for the provision of alternative liv­ § 1351.12 Duration o f Federal assist­ ilies and encouraging the resolution of ing arrangements for those youth for ance. intrafamily problems through counseling whom returning home is not determined (a) A project grant shall be awarded and services; to be in their best interest; for a specific budget period not in excess (3) Strengthening family relationships (o) The methods to be employed in of 12 months; and encouraging stable living conditions securing transportation and for assuring (b) Grantees may reapply for and re­ for youth; the safe arrival of youth who are re­ ceive continued grant support for addi­ (4) Helping youth decide upon a fu­ turned home or are placed in an alter­ tional 12 month budget periods or less ture course of action. native living arrangement. I f the par­ contingent upon having met all the re­ (g) A description of the services to be ents or legal guardian are unable to meet quirements of the Act and this part, hav­ provided; the youth, the runaway house shall make ing demonstrated satisfactory past per­ (h) A statement as to the capacity for appropriate arrangements to have the formance, and upon the availability of temporary shelter for runaways, with the youth met, either by a representative of funds. Grant support, however, shall be assurance that no facility utilized by the another runaway house or of an ap­ limited to three budget periods. runaway house for this purpose shall propriate agency in the locality to which (c) The budget period may be ex­ have a maximum capacity of more than the youth is being returned. The run­ tended without additional grant support, 20 youth; away house shall be required to contact for a period not in excess of 12 months, (i) Documentation of the number of the youth’s home or alternative place­ when required to assure adequate com­ runaway youth in the area and the exist­ ment within 12 hours after the sched­ pletion of the approved project. ing services available to runaway youth. uled arrival to confirm the safe arrival Applicants shall be required to provide of the youth; § 1351.13 Application; scope. the following: (p) A description of the provisions to An application for establishing, (1) Annual statistics on the number of be made, as needed, for aftercare coun­ strengthening or funding a runaway runaway youth in the area compiled seling and aftercase services for runaway house must provide for temporary shel­ from police, welfare, juvenile court, ex­ youth and their parents within the State ter to runaway youth and counseling isting runaway service providers, and and, to the extent possible, for runaway services to both youth and their families. other resources documented by source; youth and their parents within the State Funds may be requested for the acquisi­ (2) Annual data on available services which the runaway house is located; tion and renovation of existing struc­ for runaway youth in the area, including (q) A description of procedures to be tures, staff training and the general a listing of the existing temporary followed in contacting local government costs of operating the runaway house. shelter facilities outside the law enforce­ agencies pursuant to working relation­ There is no provision for Federal finan­ ment structure and the juvenile justice ships established with such agencies by cial participation in the construction of system and other available services for the runaway house; new facilities under this subpart. (For runaway youth and their families, indi­ (r) A description of the methods to be matching requirements, see Subpart D.) cating their service capacity. employed in returning, in accordance Federal participation in the cost of ac­ (j) Documentation that the runaway, with applicable Federal, State and local quisition and renovation of existing house is or will be located in an area laws, youth who have run away from structures shall not exceed 15 percent which is demonstrably frequented by or correctional institutions. This shall not of the amount provided in the Federal easily reachable by runaway youth. The be construed to mean that the runaway grant award. Under special circum­ documentation provided may consist of house shall bear the financial costs of re­ stances an applicant, on the basis of a police contact reports, social service turning these youth;

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 17826 PROPOSED RULES

(s) A description of the procedures to (2) The completeness and adequacy § 1351.33 Cost sharing, matching, and be followed for establishing working rela­ of the grant application as outlined in payments. tionships with law enforcement per­ § 1351.14. sonnel; (a) Matching requirements. Federal § 1351.16 Size of grant. financial participation under the Act and (t) Assurance that the runaway house can and will comply with the statistical The size of such grant shall be deter­ this part in the costs of operation of a reporting requirements and shall submit mined by the number of runaway youth runaway house pursuant to its approved application and budget, shall be 90 per­ data including, but not limited to, the in the community and the existing serv­ number of youth served; their age, sex, ices available for runaway youth. cent. The non-Federal share may be in race/ethnicity, and socio-economic back­ cash or in kind, fairly evaluated by the §1351.17 Approval l»y Secretary. Secretary, including plant, equipment, ground; the places from which they ran; or services; and the types of services provided to both An application for a grant may be ap­ youth and their families; proved by the Secretary only if it is con­ (b) Payments. Payments under this (u) Assurance that the runaway house sistent with the provisions of the Act Act may be made in installments, in ad­ vance, or by way of reimbursement, can and will comply with evaluation re­ and this subpart. with necessary adjustments on account porting requirements including, but not Subpart C— Contracts of overpayments or underpayments. limited to, an assessment of its effective­ ness in alleviating the problems of run­ § 1351.25 Purpose. (c) The provisions of chapter 1-400, Matching and Cost Sharing, of the GAM away youth; in reuniting youth with The Secretary is authorized to make shall apply to all grants under this part. their families and encouraging the reso­ contracts for the provision of technical lution of intrafamily problems; in assistance to carry out the purposes of § 1351.34 Confidentiality and other strengthening family relationships and the Act. public policy requirements. encouraging stable living conditions for § 1351.26 Provisions. (a) Confidential information. All in­ youth; and helping youth decide upon formation, including lists of names, ad­ a future course of action; Any contract under this part shall be dresses, photographs, and records of (v) Assurance that records on individ­ entered into in accordance with, and evaluation, obtained as to personal facts ual youth will not be disclosed without shall conform to all applicable laws, reg­ about individuals served by any runaway the written consent of the parents or le­ ulations and Department policy. house assisted under the Act shall be gal guardian except to a court involved in held to be confidential and may not be the disposition of criminal charges Subpart D— Grants, Administrative Procedures disclosed without written consent of against the youth or to another agency parent or legal guardian except as pro­ compiling statistical records. Disclosure § 1351.30 General. vided in § 1351.14(v). of information to an agency compiling Applicability of 45 CFR Part 74. The (b) Protection of rights of recipients. statistical records shall be in a non-per- provisions of 45 CFR Part 74, establish­ (1) No youth shall be the subject of any sorially identifiable form. In order for an ing uniform administrative requirements research or experimentation under this agency compiling statistical records to and cost principles, shall apply to all part, other than routine testing and obtain access to individual case records, grants under this part. normal program evaluation, unless the such agency must document that it is parent or legal guardian is informed and conducting bona fide research on or § 1351.31 Nature and use of grants. given an opportunity as of right to otherwise has a bona file interest in run­ The provisions of chapter 1-00, Eligi­ exempt such youth therefrom; away youth programs. Reports or other bility for Grants, of the GAM shall apply (2) No youth shall be subject to medi­ documents based on such statistical rec­ to all grants under this part. cal, psychiatric or psychological treat­ ords shall not disclose the identity of in­ ment under this part without the consent dividual youth; § 1351.32 Application, review, award, of the parent or legal guardian unless and amendment o f grants. (w) Assurance that the runaway house otherwise permitted under State law. can and will comply with the required (a) Application review. All applica­ (c) Conflict of interest. Employees or accounting procedures and fiscal control tions for a grant will be reviewed by the individuals participating in a program or devices; Office to determine whether they meet project under the Act shall not use their (x) Assurance that the runaway house the requirements of the Act and this positions for a purpose that is, or gives shall submit an annual report detailing part. The applicant may be requested to the appearance of being, motivated by a how its programmatic goals have been submit additional information either desire for private gain for themselves, or met and how the plan contained in the before or after review of the application. others, particularly those with whom they approved application has.been imple­ The Office may submit the application have family, business or other ties. mented; to technical consultants. On the basis (y) Assurance that the runaway house of the recommendations received, the § 1351.35 Financial and administrative shall submit such other information as Secretary will determine the action to be requirements. the Secretary reasonably deems neces­ taken with respect to each application The provisions of chapter 1-45, Use of sary. and will notify the applicant accord­ Consultants, of the GAM shall apply to ingly; § 1351.15 Priority. all grants under this part. (b) Awards. All grant awards shall be § 1351.36 Reporting requirements. (a) In considering the grant applica­ in writing, shall specify the amount of tions under this part, priority shall be funds, the purposes for which these The grantee shall submit reports in given to: funds are granted, and the budget period such form and containing such informa­ (1) Private nonprofit organizations or for which support is given; tion as prescribed by the Secretary, and institutions which have had past experi­ shall keep such records and afford such (c) Grant amendments. (1) The ence in dealing with runaway youth; access thereto as the Secretary may find grantee shall submit an amendment de­ (2) Applicants whose requests for fi­ necessary to assure the correctness and scribing any material change in the plan verification of such reports. nancial assistance are smaller than $75.- of his program or project proposed to be 000; and made during the budget period. Proposed § 1351,37 Grantee procurements. (3) Applicants whose annual program program or project plan amendments The provisions of chapter 1-46, Use of budgets are smaller than $100,000. shall be submitted in writing for review Small Business and Minority-Owned (b) Once priorities have been assigned, and consideration by the Office; Businesses, of the GAM shall apply to all the following factors will be considered (2) Proposed project plan amend­grants under this part. in approving applications for funding; ments may be initiated by the Office if, (1) Documentation of the greatest on the basis of reports, it appears that § 1351.38 Property requirements. need for Federal support based upon the Federal funds are being used for approv- Publications and copyrights. number of runaway youth in the area able purposes beyond the scope of the (a) The results of any activity sup­ and the existing availability of services; approved project application. ported under this part may be published

FEDERAL REGISTER, VOL. 40, NO. 78— TUESDAY, APRIL 22, 1975 PROPOSED RULES 17827 without prior review by Ihe Department: or otherwise use, and to authorize others (c) Chapter 6-60, Charges for Facili­ Provided, that such publication’s preface to use, all copyrightable or copyrighted ties Purchased or Constructed by State shall acknowledge the Federal assistance material resulting from the grant-sup­ and Local Governments; received and state that interpretations (d) Chapter 6-100, Establishment of ported activity. Any such publication of data do not necessarily represent in­ Indirect Cost Rates; terpretations of the Department and shall contain a notice of such license. (e) Chapter 6-110, Use of Special In­ provided, further, that three copies of § 1351.39 Allowability of costs. direct Cost Rates; such publication are furnished to the (f) Chapter 6-120, Treatment of Costa Department. The following chapters of the GAM of Services Provided by Affiliated Organi­ (b) Where a project activity leads to shall apply to all grants under this part: zations; and the publication of a book or other copy­ (a) Chapter 1-44, Alteration and Ren­ (g) Chapter 6-150, Reimbursement of Indirect Costs. righted material, the author is free to ovation (except for the limitation pro­ copyright the work, but the Department vided in § 1351.13); §1351.40 Grant- closeout, suspension, and termination. [Reserved] reserves royalty-free, non-exclusive, and (b) Chapter 6-10, Charges for Leased irrevocable license to reproduce, publish, Facilities and Equipment; [PR Doc.75-10338 Filed 4-21-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO . 78— TUESDAY, APRIL 22, 1975 1974-75 Edition This official guidebook provides useful information on about U.S. Government agencies, including: • Major programs and functions invaluable • Listings of key officials • Organization charts for many agencies Most agency descriptions include a “ Sources of reference Information” section that gives addresses and telephone numbers for obtaining specifics on employment, government contracts, environmental programs, small business opportunities, publications, tool speakers and films available to civic and educational groups, and other topics of public interest. This handbook is a “ must” for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government.

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