WEDNESDAY, MAY 30, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 103

Pages 14145-14232

PART I

(Part II begins on page 14217)

(Part III begins on page 14229)

HIGHLIGHTS OF THIS ISSUE

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

PRAYER FOR PEACE, MEMORIAL DAY, MAY 28, 1973— Presidential proclamation...... — ...... 14151

PHASE III REGULATIONS— Cost of Living Council pro­ visions for pay adjustments subsequent to reductions in wages and salaries; effective 1—11—73...... — 14153

COMMUNITY ACTION PROGRAMS— OEO guidelines for Legal Services to groups of indigents; effective 6-29—73...... -...... 14170 OEO minimum qualifications for Legal Service Attorneys, effective 6—29—73...... 14171

WASTE TREATMENT— EPA proposes planning antf man­ agement regulations for state and local officials; comments by 7 -1 6 -7 3 ...... 14229

ALASKAN NATIVE LAND CLAIMS— Interior Department rules for settlement; effective 7—2—73...... ~...... 14217

MINE HEALTH AND SAFETY— Interior Department interim hearing and appeal procedures, effective 5 -3 0 -7 3 ...... 14170

FOOD STANDARDS— FDA proposes change in label re­ quirements for cold-pack cheese; comments by 7—30—73.. 14174

EMPLOYMENT OF FULL-TIME STUDENTS— Labor Depart­ ment issues certificates authorizing special minimum wages ...... 14210

PESTICIDES— EPA sets tolerances for chemicals used in or on crops and animal feed (5 documents)...... 14168, 14169 EPA proposes interim tolerance for BHC in or on imported dried lima beans; comments by 6—29—73...... 14175 EPA notice of petition to establish tolerance for propargite ...... -...... 14186

FARM LOANS— USDA rules for loans to rural youths (2 documents); effective 5-30-73 ...... 14154, 14155

FOOD ADDITIVES— FDA notice of petition for use of calcium isostearate and n-decanoi in food-contact con­ tainers ...... -...... 7------14181

(Continued inside) HIGHLIGHTS— Continued

NEW d r u g s — MEETINGS— FDA withdraws approval of certain drugs containing FPC: Conference concerning filing of electric service polyunsaturated fatty acids______14181 tariff changes, 6-5-73 ...... 14] ^ FDA proposes to withdraw approval of certain drugs HEW: National Advisory Committee on Handicapped containing phenaglycodol; comments by 6 -2 9 -7 3 ...... 14180 Children, 6—6 to 6 —8—73 __ ,______14181 VA: Cooperative Studies Evaluation Committee, 6-5 NEW ANIMAL DRUGS— FDA approves use of various drugs and 6—6—73...... -...... 14209 for dogs, cats, cattle, and horses, effective 5 -3 0 -7 3 ...... 14166 Interior Department: O and C Advisory Board, 7 -1 0 and 7 -1 1 -7 3 ...... 14178 CHARTERED AIR TRAVEL— CAB revises general regula­ Oregon State Multiple Use Advisory Board, 6-20 tions and rate provisions for employees on overseas and 6-21-73 ...... 14173 military flights (2 documents)...... : 14157, 14164 Justice Department* Alarm Committee of the Private Security Advisory Council, 6 -7 -7 3 ...... 14178 COTTON TEXTILES— CITA notice of system to exempt Federal Prevailing Rate Advisory Committee, 6- 6, 6-7, certain items from bilateral agreement with Pakistan...... 14184 6 -2 1 , 6—28—73...... 14202

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 & <001 JtHliW* Administration, Washington, D.O. 30408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., 0 0h* 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution •8L cp ^oiiireD^ 18 made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. o SL-C o The F ederal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

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FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 Contents % THE PRESIDENT COMMITTEE FOR THE IMPLEMENTATION Notices OF TEXTILE AGREEMENTS Uniroyal Chemical; filing of peti­ Proclamation Notices tion for food additive------14186 Prayer for Peace; Memorial D ay.. 14151 Entry or withdrawal from ware­ FARMERS HOME ADMINISTRATION house for consumption of cer­ EXECUTIVE AGENCIES tain cotton textile products Rules and Regulations AGENCY FOR INTERNATIONAL produced or manufactured in: Operating loan policies .and au­ DEVELOPMENT P a k ista n ____ *______14184 thorization ______14154 Romania ______14185 Operating loan processing______14155 Rules and Regulations Per diem payments to partici­ COST OF LIVING COUNCIL FEDERAL COMMUNICATIONS pants in nonmilitary economic Rules and Regulations COMMISSION development training pro­ Pay adjustments subsequent to re­ Notices grams ______:------— — 14167 ductions in wages or salaries.. 14153 A. H. Belo Corp., and Wadeco, Notices Inc.; order designating appli­ AGRICULTURE DEPARTMENT cation for hearing------14186 See also Animal and Plant Health Chairman, Oil Policy Committee; delegation of authority______14186 California Water and Telephone Inspection Service; Farmers Co.; memorandum opinion and Home Administration. CUSTOMS BUREAU order regarding oral argument. 14188 Rules and Regulations Notices FEDERAL MARITIME COMMISSION Equal employment opportunity in Certain wooden fish boxes and Rules and Regulations State Cooperative Extension barrels; instruments of interna­ Services______14154 tional traffic______14176 Interpretations of Federal Ad­ visory Committee Act______14172 ANIMAL AND PLANT HEALTH DEFENSE DEPARTMENT Notices INSPECTION SERVICE See also Navy Department. Port of Seattle and Kerr Steam­ Rules and Regulations Rules and Regulations ship Co.; agreement filed (2 Brucellosis; deletion of certain Alcoholic beverage control; estab­ documents) ______14190 public stockyards______14156 lishment of sales outlets______14167 Scabies in cattle; areas released FEDERAL POWER COMMISSION ECONOMIC OPPORTUNITY OFFICE from quarantine______14156 Notices Rules and Regulations ATOMIC ENERGY COMMISSION Filing of electric service tariff Character and scope of specific changes; rulemaking confer­ Notices community action programs: ence ______14191 Availability of initial decisions: Group representation------14170 Hearings, etc.: Long Island Lighting Co______14183 Maintenance of attorney’s logs Algonquin Gas Transmission South Carolina Electric and Gas and record of authorized C o ______14191 C o ______14183 leave ______14171 Central Vermont Public Serv­ Consolidated Edison Co.; reconsti­ Qualifications of Legal Services ice C orp..______14191 tution of Atomic Safety and attorneys______14171 Consumers Power Co______14191 Licensing Appeal Board______14182 Funding of community action pro­ General Crude Oil Co______14197 Consumers Power Co.; issuance of grams ; community action Great Lakes Gas Transmission amendments to construction program grantee personnel C o ______14191 management; miscellaneous permits !______14182 Gulf Energy and Development amendments______14172 Omaha Public Power District; is­ C o r p ______14191 suance of facility operating EDUCATION OFFICE Jones & Pellow Oil Co______14192 license _____ 14182 Notices Laclede Gas Co. et al______14193 Natural Gas Pipeline Company ^ Pacific Gas and Electric Co.; National Advisory Committee on of America______14193 availability of final environ­ Handicapped Children; public Norris Oil Co______14194 mental statement______14183 meeting ______.- 14181 Northern Michigan Exploration Vermont Yankee Nuclear Power . ENVIRONMENTAL PROTECTION AGENCY Co. et al______14194 Corp., order convening confer­ Rules and Regulations Northern Natural Gas Co_____14195 ence______;______14184 Pacific Gas and Electric Co. (2 National Pollutant Discharge documents) ______14195 CIVIL AERONAUTICS BOARD Elimination System; correction. 14168 Panhandle Eastern Pipe Line Tolerances and exemptions for Co . . . ______14195 Rules and Regulations pesticides in or on raw agri­ Panhandle Eastern Pipe Line Charter trips and special services. 14i57 cultural commodities: Co., and Colorado Interstate Overseas military personnel char­ Dimethyl phosphate______14168 Gas Co______14196 ters; free or reduced-rate trans­ Pennsylvania Power and Light Isobutyric acid______14169 portation for charter operators C o ______14196 Nuclear polyhedrosis virus of Petroleum, Inc______14197 employees and others______14164 Heliothis zea______14169 Power Authority of the State of CIVIL SERVICE COMMISSION 2-(.p-tert-butylphenoxy) cyclo­ New York------. . . 14197 South Carolina Electric & Gas Rules and Regulations hexyl 2-propynyl sulfite_____14169 Tricyclohexyltin hydroxide____16168 C o ______14196 Excepted Service: Tennessee Gas Pipeline Co____ 14201 Department of Commerce_____14172 Proposed Rules United Gas Pipe Line Co______14201 Department of Justice______14173 BHC; tolerances and exemptions United Gas Pipe Line Co., and Executive Office of the Presi­ for pesticide chemicals in or on Transcontinental Gas Pipe dent.------i4i73 raw agricultural commodities.. 14175 Line Corp______14201 Waste treatment management Washington Natural Gas Co_ 14201 COMMERCE DEPARTMENT planning areas and responsible (Continued on next page) See Martime Administration. planning agencies______14230 14147

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14148 CONTENTS

FEDERAL PREVAILING RATE ADVISORY HEALTH, EDUCATION, AND WELFARE NATIONAL HIGHWAY TRAFFIC SAFETY COMMITTEE DEPARTMENT ADMINISTRATION Notices See Education Office; Food and Proposed Rules Drug Administration. Committee meetings______14202 Vehicle rollover resistance; appli­ INTERIM COMPLIANCE PANEL (COAL FEDERAL RESERVE SYSTEM cability to passenger vehicles, MINE HEALTH AND SAFETY) multipurpose passenger vehicles, Notices Notices trucks, and buses______14174 American Fletcher Corp.; order Island Creek Coal Co.; applica­ NAVY DEPARTMENT approving acquisition of credit tions for renewal permits; op­ card operations______14202 portunity for public hearing___ 14206 Notices Federal Open Market Commit­ INTERIOR DEPARTMENT Dredging of Thames River, New tee; rules of organization_____ 14203 London, Conn.; public hearing; First Commerce Corp.; proposed See also Land Management Bureau. availability of draft environ- acquisition of voting shares of Rules and Regulations mental impact statement_____ 14176 certain companies______14203 Withdrawal of pleading; depart­ First Piedmont Corp.; order ap­ POSTAL SERVICE ment hearings and appeals proving acquisition of bank— 14203 Rules and Regulations procedures ______14170 Geneva Investment Co.; order Editorial changes______14168 approving formation of bank INTERSTATE COMMERCE holding company______14204 COMMISSION SECURITIES AND EXCHANGE Northwest Bancorporation; order COMMISSION Notices approving acquisition of Banco Notices Credit Life Insurance Co—_— 14205 Assignment of hearings______14211 Hearings, etc.: Motor Carrier Board transfer pro­ FOOD AND DRUG ADMINISTRATION Arlan’s Department Stores, Inc. 14207 ceedings ______14212 Beneficial Laboratories, In c... 14207 Rules and Regulations JUSTICE DEPARTMENT Delicias International, Inc___ 14207 Cottage cheese; standards of iden­ E. I. du Pont de Nemours and tity; labeling; confirmation of See Law Enforcement Assistance Administration; Narcotics and Co ------14207 effective date______14165 Jerome Mackey’s Judo, Inc___ 14208 Emergency permit control; manu­ Dangerous Drugs Bureau. Old Town Corp_____...______14208 facture and processing of ther­ LABOR DEPARTMENT Pennsylvania Electric Co_____ 14208 mally sealed containers; correc­ See Wage and Horn* Division. Proof Lock International Corp. 14208 tion (2 documents)______14165 Trilex International Corp___ _ 14208 Food additives; prior-sanctioned LAND MANAGEMENT BUREAU U.S. Financial Inc______14209 food ingredients; correction.__ 14165 New animal drugs: Rules and Regulations SMALL BUSINESS ADMINISTRATION Chloral hydrate, pentobarbital, Alaska Native selections______14218 Notices and magnesium sulfate____14166 Notices Dichlorvos______14166 Cascade Capital Corp.; filing of Prednisolone acetate______14166 Meetings : application for exemption re­ Tricyclohexyl tin hydroxide; food O&C Advisory Board.______14178 garding conflict - of - interest additives permitted in feed and Oregon State Multiple Use Ad­ transaction ______14209 Oregon Small Business Invest­ drinking water of animals or for visory Board______14178 treatment of food-producing ment Co.; filing of application animals ______. — 14165 LAW ENFORCEMENT ASSISTANCE for transfer of control. !______14209 Proposed Rules ADMINISTRATION STATE DEPARTMENT Cold pack cheese; labeling provi­ Notices See Agency for International De­ sions of standard of identity___14174 Alarm Committee of the Private velopment. Emergency permit control; cor­ Security Advisory Council; TRANSPORTATION DEPARTMENT rection ______14174 meeting ______14178 Generally recognized as safe See National Highway Traffic (GRAS) substances no longer in MARITIME ADMINISTRATION Safety Administration. use; correction______'____14174 Notices TREASURY DEPARTMENT Prior-sanctioned polyvinyl chlo­ See Customs Bureau. ride resin; correction______14174 Applications for operating-differ­ Notices ential subsidy: VETERANS ADMINISTRATION Overseas Bulktank Corp. (2 doc­ Certain drugs containing phena- Rules and Regulations glycodol; opportunity for hear­ uments) ___ .1 ______14178, 14179 Beneficiary travel expenses; con­ ing on proposal to withdraw ap­ Pacific Tankers, Inc ______14179 ditions for withholding pay- proval of new drug applica­ Tanker construction program; m e n t______14168 tions ______14180 availability of final environmen­ Notices Certain drugs containing poly­ tal impact statement.:______14180 unsaturated fatty acids with or Cooperative Studies Evaluation without niacin; withdrawal of NARCOTICS AND DANGEROUS DRUGS Committee; meeting______— 14209 approval of new drug applica­ BUREAU WAGE AND HOUR DIVISION tion ------14181 Notices Witco Chemical Corp.; filing of Notices petition for food additives______14181 Table Rock Laboratories, Inc.; de­ Certificates authorizing employ­ nial of application for registra­ ment of full-time students GENERAL SERVICES ADMINISTRATION tion ______14177 working outside of school hours Noticés Hearings: at special minimum wages in Secretary of Defense; delegation J. P. Wholesale Drug Co., Inc___1417% retail or service establishments of authority______14206 Parke-Davis & Co______14176 or in agriculture______- 14210

FEDERAL REGISTER, VOL. 38« N O . 103— WEDNESDAY, M A Y 3 0 , 1 9 7 3 CONTENTS 14149 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1973, and specifies how they are affected.

3 CFR 21 CFR 40 CFR Proclamation: 19______14165 125-______- ______14168 4218______14151 90 (2 documents)__ ,______14165 180 (5 documents)______._14168,14169 121 (2 documents)______14165 P roposed R u l e s : 5 CFR 135b (2 documents)------— 14166 126______14230 213 (3 documents) — 14172, 14173 135c______14166 180___ 14175 P roposed R u l e s : 6 CFR 19______i______14174 43 CFR 130______14153 90______14174 4______14170 121 (2 documents)------14174 2650______14218 7 CFR 22 CFR 45 CFR 18______•_ 14154 1061 (3 documents)______„ 14170,14171 1831 (2 documents)------14154, 14155 205______14167 1067____ 14172 9 CFR 32 CFR 1069______14172 261______14167 73.______14156 46 CFR 78______14156 38 CFR 530______14172 17______14168 14 CFR 49 CFR 207 . _ _ : ______14157 39 CFR P roposed R u l e s : 372______14164 Subch. J______14168 571______14174 Subch. K ______14168 Subch. L ______14168 Subch. M ______14168

FEDERAL REGISTER, VO L. 3 8 , N O . 103—-WEDNESDAY, M A Y 3 0 , 1973 14150 REMINDERS (The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)

Rules Going Into Effect Today FCC— FM Broadcast stations in Tupelo, JUNE 6 FAA— Airworthiness directive, McDonnell Miss...... 9835; 4 -2 0 -7 3 FAA— Proposed designation of Federal Douglas Model DC—9—10 Series air­ FDA— Biological products; temperatures airways from Bemidji, Minn., to planes ...... 10253; 4-26-73 during shipment of live measles, Roseau, Minn., and from Grand Forks, GSA— Employment of disabled and Viet­ mumps, and rubella virus vaccines N. Dak., to Roseau, Minn...... 11354; nam era veterans...... 9508; 4-17-73 requirements...... 8600; 4 -4 -7 3 5-7-73 — Hydrabamine phenoxymethyl peni­ FCC— FM broadcast stations in New Next Week’s Hearings cillin; recodification, technical Bern and Morehead City-Beaufort, JUNE 4 changes and updating...... 8520; N.C.; table of assignments.... 10968; FDA— Prescription drugs indicated for 4 -3 -7 3 5-3-73 cough and allergy; interim guidelines -r-Over-the-counter drugs; general HEW— OFFICE OF EDUCATION— Fi­ for formulation and labeling.. 12769; conditions; listed as generally rec­ nancial assistance for the improve­ ognized as safe and effective and ment of educational opportunity for as not misbranded; establishment adult Indians...... 12931; 5-17-73 HEW— Office of Education programs, of a monograph for OTC antacid JUNE 7 proposed general provisions to be products (2 documents).... 8714; FPC— Monthly power statement. held at the U.S. Office of Education 4 - 5 -7 3 10468; 4-27-73 ROB-3, Seventh and D Streets SW., HEALTH, EDUCATION, AND WELFARE Washington, D.C. 20202...... 10386; — Margarine; statement of optional ingredients; amendments to stand­ DEPARTMENT— Reimbursement of 4 -2 6 -7 3 indirect costs on training contracts ards of identity.... 10952; 5-3-73 TARIFF COMMISSION— Printed vinyl from nonprofit institutions ... 11471; film from Brazil and Argentina, to be F&D— Certain viral vaccines containing 5-8-73 held in the Tariff Commission Hear­ unavoidable bacteriophage.... 11080; FAA— Joint use restricted area of con­ ing Room, Tariff Commission Build­ .5 —4—73 trolled airspace; designation and ing, Eighth and E Streets NW., Wash­ — Federal preemption of State and alteration...... 12934; 5-17-73 ington, D.C...... 10339; 4-26-73 local labeling requirements of haz­ JUNE 8 COAST GUARD— Columbia and Snake ardous substances...... 11078; Next Week’s Deadlines for Comments on Rivers, Washington; drawbridge Proposed Rules 5 - 4-7 3 operations regulations...... 11472; JUNE 4 IRS— Income tax; arbitrage bonds. 5-8-73 EPA— Isophorone; exemptions from the 10944; 5-3-73 requirement of a tolerance..- 10939; — Limitation of tax attributable to cer­ Weekly List of Public Laws 5 -3 -7 3 tain total distributions from quali­ This is a listing of public bills enacted by Congress and approved by the President, together FAA— British Aircraft Corp.; airworthi­ fied plans...... 11087; 5-4-73 with the law number, the date, of approval, and the U.S. Statutes citation. Subsequent lists will ness directives (2 documents) NHTSA— Uniform tire quality grading; appear every Wednesday in the FEDERAL REG­ ISTER, and copies of the laws may be obtained 11112; 5-4-73 consumer information regulations. from the U.S. Government Printing Office. — Designation of Federal Airway, area 6194; 3-7-73 S. 1379...... Pub. L 93-36 low routes, controlled airspace, and REA— Addendum to REA Forms 511 and Office of Environmental Quality, authori­ reporting points...... 10957-10960; 511a, elephone System Construction zation of additional funds (May 18,1973; 5 -3 -7 3 contract...... 10951; 5-3-73 87 Stat. 72)

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 Presidential Documents

Title 3—The President

P R O C L A M A T IO N 4218 Prayer for Peace Memorial Day, May 28, 1973

By the President of the United States of America

A Proclamation

This day of memorial to those who have given their lives to preserve Am erica’s freedom over the centuries has special meaning for us in 1973. The longest and most difficult war in our history is over. The brave men who served so well in that conflict are home again; our valiant prisoners are free at last and reunited with their loved ones— all made possible by the firm resolve of the American people. Thus our prayers for peace this day are also prayers of thanksgiving.

Through our history we have seen despotisms and ideologies come and declare themselves the wave of the future, crushing freedom under foot— but each has passed, and freedom, sure as spring, has pushed up through the ruins again to reaffirm the essential dignity of man.

Americans have been on the side of that dignity in every war we have fought. Today, freedom survives in South Vietnam, and generations hence, the literature of liberty will tell that America demonstrated fully and finally its great commitment to its founding principles by fighting on behalf of just eighteen million people half a world away— and by achieving at last what we fought for.

Those who stood at Hue and Khe Sanh were the spiritual descendants of the heroes of Chosin, Bastogne, Gettysburg, and Lexington. The patriotic line continues unbroken. America called, and the answer came back yes.

Now those soldiers and sailors and airmen who have kept freedom’s faith look to America— not for thanks, but to know if we have marked their deeds and if, in the way we live our freedom, we are determined to be worthy of those deeds.

Only by working to make war obsolete in the future can we truly redeem the sacrifices of patriots who fell in the wars of the past. The tensions which still exist am ong nations will yield to negotiation if we are steadfast in our purpose and patient in our endeavor. New relation­ ships are already taking shape, pointing to the creation of a more stable

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14152 THE PRESIDENT

and open world, a world in which hatred and discrimination are replaced by brotherhood and understanding— above all, a world free forever of fear and want and war.

This is the dream for which generations of American fighting men have made the ultimate sacrifice, from the bridge at Concord to the jungles of Vietnam. It can be achieved. Their sacrifices have moved us ever closer to it.

The Congress, by a joint resolution approved May 11, 1950, has requested the President to issue a proclamation calling upon the people of the United States to observe each Memorial Day as a day of prayer for permanent peace.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Memorial Day, Monday, M a y 28, 1973, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11 o’clock in the morning of that day as a time to unite in prayer.

I urge the press, radio, television, and all other information media to cooperate in this observance.

As a special mark of respect for those Americans who have given their lives in the w ar in Vietnam, I direct that the flag of the United States be flown at half-staff all day on Memorial Day on all buildings, grounds, and naval vessels of the Federal Government throughout the United States arid all areas under its jurisdiction and control.

I also request the Governors of the United States and of the Com m on­ wealth of Puerto Rico and the appropriate officials of all local units of government to direct that the flag be flown at half-staff on all public buildings during that entire day, and request the people of the United States to display the flag at half-staff from their homes for the same period.

I N W I T N E S S W H E R E O F , I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh.

[FR Doc.73-10809 Filed 5-25-73 ;2:55 pm]

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14153 Rules and Regulations

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

Title 6— Economic Stabilization mitted to the Council on forms pre­ submit comments regarding this amend­ scribed by and pursuant to instructions ment. Communications should be ad­ CHAPTER I— COST OF LIVING COUNCIL issued by the Council. The Pay Board’s dressed to the Office of General Counsel, PART 130— COST OF LIVING COUNCIL, Phase II form PB-3 (or optional form Cost of Living Council, Washington, D.C. PHASE 3 REGULATIONS PB-3A, for units of fewer than 1,000 em­ 20508. This amendment is effective as of Jan­ Pay Adjustments Subsequent to Reductions ployees) should be used until replace­ in Wages or Salaries ment forms are issued. Such approval uary 11,1973. may be granted only when it is demon­ (Economic Stabilization Act of 1970, as In many situations, contracts or pay strated, by means of written documenta­ amended, Public Law 92—210, 85 Stat. 743; practices provided for specified wage or tion, that historical relationships have Public Law 93-28, 87 Stat. 27; Executive salary rates to be in effect for certain been distorted or gross inequities have Order 11695,38 PR 1473; Cost of Living Coun­ periods of time, or specified wage or been created by the action of the Pay cil Order No. 14, 38 PR 1489.) salary increases to be put into effect on Board or the Council or by operation of Issued in Washington, D.C., on May 25, certain dates, and these .rates or in­ the Economic Stabilization regulation or creases were required to be reduced in a 1973. ruling which caused the prior reduction. J a m e s W . M cL a n e , control year by reason of a Pay Board The regulation provides that approval Deputy Director, or Cost of Living Council decision and will be considered as having been granted Cost of Living Council. order or by agreement of the parties pur­ if the Council takes no action within 60 suant to the Phase n regulations. Section days after receiving a request for Subpart A of part 130 is amended by 130.6 is added in the amendment set approval. adding a new § 130.6 to read as follows: forth below to incorporate rules relating For purposes of this regulation, as with § 130.6 Pay adjustments subsequent to to the determination of allowable in­ all other regulations in this part 130, a reduction in wages or salaries. creases during Phase i n in a subsequent decision issued by the Internal Revenue control year under the contract or pay Service pursuant to authority delegated (a) General.—If— practice which was in effect when the (1) A wage or salary rate for a job, or by the Pay Board is considered to be a (2) An annual aggregate wage or sal­ prior reduction occurred. The regulation decision of the Pay Board. applies, for example, to increases during ary increase with respect to an appro­ the third year of a collective bargaining In addition, paragraph (c) of § 130.6 priate employee unit, provides that the payment or receipt of agreement where wages specified during payable with respect to a control year the second year were reduced by Pay increases in wage rates, or wages or sal­ aries, during Phase II I prior to the date pursuant to a contract or pay practice, Board order. was reduced as a result of a decision and Paragraph (a) of the regulation pro­ this amendment is published, without taking into account a prior reduction, order of the Pay Board or the Council or vides that it is unlawful for an employer the operation of any regulation or ruling to pay and for employees to receive, with­ will not be considered a violation of the Economic Stabilization Act of 1970, as issued under the Economic Stabilization out the prior approval of the Council, the program, it shall be unlawful as unrea­ rates specified or the increases scheduled amended: Provided, That a report of such increases is made to the Council not sonably inconsistent with the standards under a contract or pay practice for a and goals of such program to pay or re­ period in Phase II I without reducing the later than 30 days after publication of the regulation. Reports should be sub­ ceive in a succeeding control year, with­ scheduled rates or increases by an out prior approval of the Council, pursu­ amount sufficient to reflect the prior re­ mitted using the Pay Board’s Phase n form PB-3 (or optional form PB-3A for ant to such contract or pay practice, a ductions required in a prior control year wage or salary rate for the same job (if under the same contract or pay practice. units of fewer than 1,000 employees). The Council will review such reports and a rate for a job was reduced) or a wage Thus, a reduction in 1 year of a contract or salary increase with respect to such will have a lasting effect and the contract may issue an appropriate order to reduce a wage or salary rate or increase to a unit (if an annual aggregate increase may not be implemented so as to require was reduced) that does not reflect such a prospective restoration of the amounts level which reflects a prior reduction. The regulation incorporates the rule prior reduction. Notwithstanding the by which a prior year’s increase was re­ preceding sentence, this section shall not duced. The regulation thus insures that that an employer making a submission under this regulation must serve a copy operate to prevent an annual aggregate only the increment originally scheduled wage and salary increase for a unit which for the subsequent contract year may be on the employees’ collective bargaining agent, if any, while a collective bargain­ is not in excess of the general wage and Paid. The general rule, however, does not salary standard in effect prior to January limit any wage and salary increase which ing agent of the employees making a submission must serve a copy on the em­ 11,1973. is not in excess of the general wage and (b) Application for approval.—In spe­ salary standard in effect prior to Janu- ployer. This clarification is intended to carry cific situations, payment of a wage or ai^u 11. 1973, computed in accordance salary rate or a wage or salary increase out the policy of section 3 of Executive with the computation rules set forth in which does not reflect a prior reduction, Order No. 11695 to preserve the effect oiuPk ® °* Part 201 of Economic as required under paragraph (a) of this of actions settled under the Phase stabilization regulations. n section, may be appropriate. An applica­ It is recognized that under the circum­ rules. stances of specific contracts and pay Because the purpose of this amend­ tion for approval of such a rate or such practices, payment of wage and salary ment is to provide immediate guidance an increase may be submitted to the increases which do not reflect prior re­ for compliance with the economic stabi­ Council on forms prescribed by and pur­ ductions may be appropriate. Therefore, lization program during Phase III, I find suant to instructions issued by the Coun­ that publication in accordance with nor­ Provision has also been made in para­ cil. Payment of such a rate or such an mal rulemaking procedures is imprac­ increase or a portion thereof may be graph (b) of § 130.6 that applications for ticable and that good cause exists for approval of pay adjustments that do not making this amendment effective in less approved only upon a demonstration by reflect the prior reductions may be sub­ than 30 days. Interested persons may means of written documentation that

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—Pt. i----2 14154 RULES AND REGULATIONS historical relationships have been dis­ § 18.2 Purpose, applicability, and cover­ 5. Section 1831.5(h) provides that torted or gross inequities have been age. youth loans may be made to rural youths created by a decision and order of the # * * * * who have not reached age 21. All projects Pay Board or the Council or by opera­ (c) Coverage.—This part applies to allmust be recommended by a project ad­ tion of any regulation or ruling issued positions in all units of the Cooperative viser. Parental permisison is required for under the Economic Stabilization pro­ Extension Service but does not apply to youths who have not reached their gram. Payment of such a rate or such an employees provided by county and other majority. increase shall be considered to be ap­ political subdivisions in support of Coop­ 6. Section 1831.9(r) is revised to en­ proved by the Council if the Council erative Extension Service programs. able a youth to initiate, develop, and takes no action with respect to such pay­ carry on income producing farm or non­ ment within 60 days after receipt of an § 18.5 [Am ended] farm projects with operating loan funds; application submitted under the provi­ 1. In § 18.5(f) the words “ or the Secre­ 7. Section 1831.10(c) (iii) is revised to sions of this paragraph. tary” are deleted. provide that security is defined as the (c) Increases paid prior to May 30, 2. In § 18.5(h) the following words are market value; 1973.—In the case of a wage or salary deleted from the final sentence “and of 8. Section 1831.10(d) is revised to pro­ rate for a job, or a wage or salary in­ his right to request in writing a review vide that the principal balance of an op­ crease with respect to an appropriate by the Secretary and the time limit in erating loan may not exceed $50,000; employee unit, referred to in paragraph which such request for review must be 9. Section 1831.12(g) is added to pro­ (a) of this section, paid after January 10, made”. vide that the security requirements for 1973, and prior to May 30, 1973, without loans to rural youths are the same as re­ taking into account a prior reduction, § 18.6 [Revoked] quired for other operating loans. In ex­ the payment or receipt thereof prior to Section 18.6 is revoked. ceptional cases a cosigner may be re­ May 30, 1973, shall not be a violation quired to assure the repayment of the under the act solely because of such § 18.8 [Am ended] loan. failure to take into account a prior re­ 1. Section 18.8(c) is deleted. The revised sections and paragraphs duction. However, any such rate or in­ 2. Section 18.8(d) is redesignated of subpart A of part 1831 read as follows: crease put into effect after January 10, § 18.8(c). Subpart A— Operating Loan Policies and 1973, and prior to May 30, 1973, must be Dated May 24, 1973. reported to the Council on forms pre­ Authorizations scribed by and pursuant to instructions E arl L . B tjtz, § 1831.1 General. Secretary. issued by the Council not later than June This subpart prescribes the policies 29, 1973. The failure to make such a re­ [FR Doc.73-10731 Filed 5-29-73;8:45 am ] and authorizations of the Farmers Home port shall constitute a violation under Administration (FHA) for making oper­ the act. Upon review of such a report, ating loans (OL) to farmers, ranchers, CHAPTER XVIII— FARMERS HOME AD­ the Council may by order direct the re­ and rural youths. duction of such rate or increase to an MINISTRATION, DEPARTMENT OF appropriate level consistent with the AGRICULTURE § 1831.2 Objectives. provisions of this section. SUBCHAPTER C— LOANS PRIMARILY FOR The basic objectives are to assist bor­ (d) Service.—An employer or em­ PRODUCTION PURPOSES rowers through financial and supervisory ployer association making any submis­ [FH A Instruction 441.1 ] assistance to make efficient use of land, sion to the Council under the provisions PART 1831— OPERATING LOANS labor, and capital and other resources, to of this section shall at the same time conduct sound and successful operations, serve copies of each such submission on Subpart A— Operating Loan Policies and and afford borrower families an oppor­ the collective bargaining agent, if any, Authorization tunity to have a reasonable level of liv­ for the affected employee unit. I f such a Miscellaneous Amendments ing. Financial assistance may be pro­ submission is made by a collective bar­ vided to rural youths to enable them to gaining agent for the employee unit, Various sections and paragraphs of operate modest, income producing, farm such collective bargaining agent shall at subpart A, part 1831, title 7, Code of and nonfarm projects in connection with the same time serve copies of each such Federal Regulations (37 FR 14858) are their participation in 4-H, Future Farm­ submission on the affected employer or amended. In accordance with 5 U.S.C. ers of America, Future Homemakers employer association. A certification of 553, these amendments are being pub­ of America, and similar organization service shall accompany all documents lished without prior rulemaking because a delay in making available assistance activities. submitted to the Council under the pro­ § 1831.3 Supervisory assistance. visions of this section. provided by these amendments would be contrary to the public interest. These Supervision will be provided borrow­ [FR Doc.73-10863 Filed 5-25-73;5:01 pm ] amendments implement the Rural De­ ers to the extent necessary to achieve the velopment Act of 1972 and shall become objectives of the loan and to protect the Title 7— Agriculture effective on May 30, 1973. They are as interests of the FHA in accordance witn SUBTITLE A— OFFICE OF THE follows: subpart A of part 1802 of this chapter. SECRETARY OF AGRICULTURE 1. Section 1831.1 authorizes loans to Such assistance consists of farm, home, PART 18— EQUAL EMPLOYMENT OPPOR­ rural youths: recreation, and nonfarm planning, rec­ TUNITY IN THE STATE COOPERATIVE 2. Section 1831.2 provides that loans ordkeeping, analysis, and providing man­ EXTENSION SERVICES may be made to rural youths for modest agement advice. The youth's project ad­ income-producing projects in connec­ viser will be expected to perform a majo Coverage Provisions role in planning and supervising tn tion with participation in 4-H or similar Part 18 is amended to withdraw cover­ vnuth’s nroient. age as it applied to employees provided organizations; by county and other political subdivisions 3. Section 1831.3 is revised for clarity § 1831.4 Definitions. in support of Cooperative Extension Serv­ and to set forth the youth’s project ad­ * *. * * * ice programs and to eliminate review by viser’s responsibilities; (d) Nonfarm enterprises.—Loans may be made to farmers who will also contm the Secretary of Agriculture of final de­ 4. Section 1831.4 (d ), (e), and (f) are cisions by the President or chief execu­ farming operations to operate, hnp > tive of land-grant universities under this revised to provide that nonfarm enter­ establish, or enlarge an enterprisetsi part. prises may be located off the farm and a a nonfarm nature needed to s«pl»em Section 18.2(c) is revised to read as rural youth does not have to be a farmer farm income. Except for rural-.J follows: to qualify for a nonfarm enterprise loan; loans will be made only for enterp

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 973 RULES AND REGULATIONS 14155 which produce goods or services for which § 1831.12 Security policies. or operating year a new form FHA 440-2 there is a need that is not being ade­ ***** will be prepared and executed with item quately supplied by others in the com­ (g) The security requirements for9 completed. The crop or operating year munity and for which there is a loans to rural youths will be the same ending date will be the same as on the reasonably reliable market. as required for other operating loans. In original certification for the year. In item (e) Rural youths.—Applicants who exceptional cases the loan approval offi­ 2 insert the sum of the latest certification have not reached the age of 21 and who cial may require a cosigner if he deter­ for the year for any operating and emer­ do not reside in any area in any city or mines such action is necessary to assure gency loans and the additional amount town which has a population in excess of repayment of the loan. the county committee determines is nec­ essary to meet the credit needs of the 10,000 inhabitants. * * * * * (f) Project adviser.—A 4-H club advis­ borrower for the remainder of the crop er, vocational agricultural teacher, home (Sec. 339, 75 Stat. 318, 7 U.S.C. 1989; orders or operating year. All executed forms of Acting Secretary of Agriculture, 37 FR 440-2 are retained in the case file. economics teacher, county extension 22008.) agent, and other similar sponsors or * * * * * Dated May 16,1973. advisers. (d) Form FHA 431-2, Farm and Home § 1831.5 Eligibility requirements. F r a n k B . E l l io t t , Plan.—Form FHA 431-2 will be de­ * * * * * Acting Administrator, veloped as prescribed in subpart B of part Farmers Home Administration. 1802 of this chapter, except when: (h) Loans may be made to rural [FR Doc.73-10645 Filed 5-29-73;8:45 am] (1) A loan is made only for the acqui­ youths who have not reached age 21 and sition of membership or the purchase of without regard to the requirements of stock in a cooperative association and the paragraph (c) of this section. All youths [FHA Instruction 441.3] applicant-is not indebted for another who have not reached their majority, as FHA loan. In this case, the best estimates set forth by State requirements, will ob­ PART 1831— OPERATING LOANS available will be used to complete table J tain their parent’s or guardian’s favor­ Subpart B— Operating Loan Processing able recommendation for the loan. All of form FHA 431-2 in order to determine recommendations will be in writing and M iscellaneous A m e n d m e n t s whether the loan requested can be paid filed with the application in the county Various sections and paragraphs of and the period over which payments should be scheduled. The source of pay­ office case file. subpart B, part 1831, title 7, Code of Fed­ eral Regulations (37 FR 14864), are ment should be shown in table K. * * * * * When the preparation of table J is inade­ § 1831.9 Loan purposes. amended. In accordance with 5 U.S.C. 553 these amendments are being pub­ quate to enable the loan approval official * * * * * lished without prior rulemaking because to make the required determinations, other portions of form FHA 431-2, as (r) To initiate, develop and carry on a delay in making available assistance a farm or nonfarm project in connection provided by these amendments would be necessary, will be used. with rural youth’s participation in 4-H; contrary to the public interest. These (2) A loan is made to a youth. A farm and home plan, business analysis, non- Future Farmers of America, Future amendments implement the Rural De­ Homemakers of America, and similar velopment Act of 1972 and shall become agricultural enterprise, or other plan ac­ organization activities for purposes au­ effective on May 30, 1973. The major ceptable to the loan approval official will be developed ordinarily by the youth, thorized by this subpart. The project changes are: must produce sufficient Income to meet 1. Section 1831.32 (b) (2) is amended project adviser, and the County Super­ expenses and debt repayment. for clarity and to delete reference to the visor. The information contained in the plan, application, and running record recertification statement on form FHA must fully support and document the 440-2, County Committee Certification § 1831.10 Special requirements and loan objectives of the loan. The plan must limitations. or Recommendation. 2. Section 1831.32(d) is revised to pro­ clearly set forth the following minimum * * * * * information: vide instructions for the preparation of (1) Description of the project; (c) Limitations on loans for real estateplans for youth projects. improvements.—(1) * * * 3. Section 1831.32(h)(2) is added to (ii) Type and amount of supervision (iii) The sum of the operating loan set forth a youth’s liability upon execut­ to be provided by the project adviser, being made for real estate improvements ing a promissory note. guardian, and the County Supervisor; and the unpaid indebtedness against the 4. Section 1831.32(1) (3) (ii) deletes (iii) Income*,' (iv) Expenses; farm and other security which secures reference to form FHA 441-1, Cancella­ the FHA real estate loan will not exceed tion of Loan or Grant Check and/or (v) Net income; (vi) Debt repayment; the total indebtedness or the market Obligation. value limitations prescribed for real es­ 5. Section'1831.32(v) (10) (i) is revised * * * * * tate loans. The borrower’s equity in the to delete reference to describing promis­ (h) Form FHA 441-1, Promissory livestock and farm and other equipment sory notes on security agreements. Note. * * * to be taken as security for the operating 6. Section 1831.36(a) provides for the (2) A youth executing the promissory loan may be added to the market value use of form FHA 451-2, Schedule of Re­ note shall incur full personal liability for of the farm where this is necessary to mittances. the indebtedness evidenced by such note. comply with the market value limita- 7. Section 1831.36(b) (1) (i) is added to * * * * * uons prescribed in subpart A of part 1821 provide an exception for obtaining a lien of this chapter. (1) Immediate and future disburse­ search for youth loans. Section 1831.36 ments. * * * (b )(1 ) (i) is renumbered as § 1831.36(b) (d) Limitations on amount of loan (1) (ii). (3) When a future advance is to be ¿rLamount °* each loan will be limi The revised sections and paragraphs of canceled the following actions must be ,needs of the applicant and subpart B of part 1831 read as follows: taken: «nil u *°.pay* ■^n addition, considerat § 1831.32 Loaivforms and routines. (i) Complete form FHA 440-10, Can­ wm be given to the value of the ehai * * * * * cellation of Loan or Grant Check and/or ’ including crops, which will (b) Form FHA 440-2, County Com­Obligation, in accordance with the FMI. W v 85 security. In no case ma; (ii) Prepare and execute a substitute be.?la^e which would result in mittee Certification or Recommenda­ balance outstanding tion.— (1) * * * note on form FHA 441-1 reflecting the for operating loans ( (2) When the county committee hasrevised total of the loan and the revised “ding production and subsistence.) agreed to increase the maximum amount repayment schedule. of loan assistance certified for the crop *****

FEDERAL REGISTER, V O L 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14156 RULES AND REGULATIONS

(v) Taking security instruments. * * * Title 9— Animals and Animal Products ticipation in this rulemaking proceed­ (10) Security requirements in relation CHAPTER I— ANIMAL AND PLANT HEALTH ing would make additional relevant to “Future Advance” and “After- INSPECTION SERVICE, DEPARTMENT information available to the Department. Acquired Property” clauses and special OF AGRICULTURE Accordingly, under the administra­ State statutes. * * * SUBCHAPTER C— INTERSTATE TRANSPORTA­ tive procedure provisions in 5 U.S.C. 553, (i) Future advance provisions.—A TION OF ANIMALS (INCLUDING POULTRY) it is found upon good cause that notice properly prepared, executed, and filed or AND ANIMAL PRODUCTS; EXTRAORDINARY and other public procedure with respect EMERGENCY REGULATION OF INTRASTATE recorded PHA financing statement and a ACTIVITIES to the amendment are impracticable properly prepared and executed FHA and unnecessary, and good cause is PART 73— SCABIES IN CATTLE security agreement give FHA a security found for making the amendment effec­ interest in the property described thereon Areas Released From Quarantine tive less than 30 days after publication to secure any operating or emergency in the Federal Register. loan indebtedness owed by the debtor, This amendment releases Dallam, including any such future loans, ad­ Hansford, Hutchinson, Moore, Oldham, Done at Washington, D.C., this 24th vances, or expenditures, and any other and Sherman Counties in Texas from the day of May 1973. FHA debts evidenced by notes and any areas quarantined because of cattle G . H . W ise , advances or expenditures made in con­ scabies. Therefore, the restrictions per­ Acting Administrator, Animal and nection with the debts evidenced by such taining to the interstate movement of Plant Health Inspection Service. notes. cattle from quarantined areas contained [FR Doc.73-10733 Filfed 5-29-73;8 :45 am] in 9 CFR part 73, as amended, do not * * * * * apply to the excluded areas, but will con­ § 1831.36 Loan closing. tinue to apply to the quarantined areas PART 78— BRUCELLOSIS (a) Check delivery.—Authorized coun­ described in § 73.1a. Further, the restric­ Deletion of Certain Public Stockyards ty office employees will receive and de­ tions pertaining to the interstate move­ liver loan checks. Upon receipt of a loan ment of cattle from nonquarantined This amendment deletes the Rich­ check, the County Supervisor will notify areas contained in said part 73 apply to mond Union Stockyards, Richmond, the applicant promptly on form FHA the excluded areas. Va., and the Stockland Union Stock- 440-8, Notice of Check Delivery. Follow­ Pursuant to provisions of the Act of yards, Spokane, Wash., from the list ing loan closing, when a supervised bank May 29, 1884, as amended, the Act of of public stockyards set forth in 9 CFR account is required and the depository February 2, 1903, as amended, the Act § 78.14(a), as such stockyards are no bank does not require the borrower’s en­ of March 3, 1905, as amended, and the longer operating as public stockyards dorsement for deposit, the County Su­ Act of July 2, 1962 (21 U.S.C. 111-113, where Federal inspection is maintained. pervisor may deposit the loan check in 115, 117, 120, 121, 123-126, 134b, 134f), Pursuant to the provisions of sections the ¡supervised bank account and furnish part 73, title 9, Code of Federal Regula­ 4, 5, and 13 of the Act of May 29, 1884, the borrower a copy of the deposit slip. tions, restricting the interstate move­ as amended, sections 1 and 2 of the Act Loan funds for the payment of interest- ment of cattle because of scabies, is of February 2, 1303, as amended, and only installment(s) will be collected hereby amended as follows: section 3 of the Act of March 3, 1905, when the loan is closed. The notation In § 73.1a, paragraph (a) relating to as amended (21 U.S.C. 111-113, 114a-l, ‘‘For deferred installment interest” will the State of Texas is amended tb read: 120, 121, 125) , Part 78, Title 9, Code of Federal Regulations is hereby amended be entered on form FHA 451-2, Schedule § 73.1a Notice of quarantine. of Remittances. in the following respects: (b) Form FHA 440-13, Report of Lien (а) Notice is hereby given that cattle In § 78.14(a), all references to Vir­ Search.— (1) * * * in certain portions of the State of Texas ginia and Washington are deleted. are affected with scabies, a contagious, (Secs. 4, 5, 23 Stat. 32, as amended, secs. (i) A lien search is not required forinfectious, and communicable disease; youths who have not reached their ma­ 1, 2, 32 Stat. 1265, as amended, sec. 2, 65 and, therefore, the following areas ih Stat. 693, 21 U.S.C. 111-113, 114a-l, 120, jority as defined in State requirements such State are hereby quarantined be­ 121,124, 37 FR 28464, 28477; 9 CFR 78.16(b).) upless the loan approval official deter­ cause of said disease: mines a search is necessary to assure Effective date.—The foregoing amend­ the Government obtains the required (1) Carson County. ment shall become effective June 1, 1973. security. (2) Castro County. It does not appear that public par­ (11) Under the UCC it is necessary to (3) Deaf Smith County. ticipation in this rulemaking proceed­ obtain lien searches in connection with (4) Hartley County. ing would make additional relevant in­ the making of subsequent loans only in (5) Ochiltree County. formation available to the Department those cases in which an additional fi­ (б) Parmer County. and since interested persons should be nancing statement is required. This is (7) Potter County. informed promptly of such change, it when crops or fixtures to be taken as (8) Randall County. is found upon good cause undér the ad­ security are or are to be located on land * * * # * ministrative procedure* provisions in 5 not described on the existing financing (Secs. 4-7, 23 Stat. 32, as amended; secs. U.S.C. 553, that notice and other public statement or property not otherwise cov­ 1 and 2, 32 Stat. 791-792, as amended; secs. procedure with respect to the amend­ 1-4, 33 Stat. 1264, 1265, as amended; secs. ered by the financing statement is to be ment are impracticable and contrary to taken as security for the operating loan 3 and 11, 76 Stat. 130, 132; 21 U.S.C. 111- debt. 113, 115, 117, 120, 121, 123-126, 134b, 134f; the public interest, and the amendment 37 FR 28464, 28477.) * * * * * should be made effective less than 30 ederal (Sec. 339, 75 Stat. 318, 7 U.S.C. 1989; orders Effective date.—The foregoing amend­ days after publication in the F of Acting Secretary of Agriculture, 37 FR ment shall become effective May 24, R egister. 22008.) 1973. Done at Washington, D.C., this 23d The amendment relieves restrictions Dated May 16, 1973. no longer deemed necessary to prevent day of May 1973. Frank B. Elliott, the spread of cattle scabies, and should E. E. Saulmon, Acting Administrator, be made effective promptly in order to Deputy Administrator, Animal Farmers Home Administration. be of maximum benefit to affected per­ and Plant Health inspection Service. [FR Doc.73-10646 Filed 5-29-73;8:45 am] sons. It does not appear that public par­ [FR Doc.73-10732 Filed 5-29-73;8:45 am]

FEDERAL REGISTER, V O L . 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14157

Title 14— Aeronautics and Space Sec. tract with the Department of Defense 207.45 Passenger lists. calling for one-way service. CHAPTER II—-CIVIL AERONAUTICS 207.46 Application for a charter. “ On-route” shall refer to service BOARD 207.47 Statement of Supporting Informa­ performed by an air carrier between tion. SUBCHAPTER A— ECONOMIC REGULATIONS points between which said carrier is Subpart C— Provisions Relating to Single [Reg. ER—802] Entity Charters authorized to provide service pursuant to either its certificate of public conven­ 207.50 Applicability of subpart. PART 207— CHARTER TRIPS AND ience and necessity or exemption SPECIAL SERVICES 207.51 Terms of service. 207.52 Commissions paid to travel agents. authority: Provided, however, That pas­ Adopted by the Civil Aeronautics 207.53 Statement of Supporting Informa­ senger charter trips by any all-cargo Board at its office in Washington, D.C. tion. carrier are not considered to be on-route on the 23d day of May 1973. Subpart D— Provisions Relating to Mixed whether or not they are performed Pursuant to the authority delegated to Charters between points designated to receive ser­ the general counsel in § 385.19 of the 207.60 Applicable rules. vice by such carrier in its certificate of Board’s organization regulations, there public convenience and necessity, except Au thority.— Secs. 204, 401, 403, 404(b), follows a reissuance of part 207 in­ 407, 411, 416(b), 72 Stat. 743, 754 (as amended that in the event services are performed corporating all amendments which were by 76 Stat. 143, 82 Stat. 867), 758 (as amended pursuant to a contract with the Depart­ in effect on May 23,1973. The reissuance by 74 Stat. 445), 760, 766, 769, 771; 49 U.S.C. ment of Defense or an agency thereof, shall become effective on June 20, 1973. 1324, 1371, 1373, 1374, 1377, 1381, 1386. by an all-cargo carrier between points designated to receive service by such car­ Procedure for review by the Board is set § 207.1 Definitions. forth in subpart C of part 385. rier in its certificate of public conven­ As used in this part, unless the context ience and necessity which (1) involves By the Civil Aeronautics Board. otherwise requires: cargo transportation in one direction [seal] O. D. Ozment, “All-cargo carrier” means an air car­ and passenger transportation in the Acting General Counsel. rier holding a certificate of public con­ other direction or (2) involves a charter Subpart A— General Provisions venience and necessity issued pursuant trip in which passengers and cargo are Sec. to section 401(d) (1) or (2), which au­ carried on the same flight, the passenger 207.1 Definitions. thorizes the carriage of property only or charter leg or the mileage operated in 2072 Applicability of part. property and mail only. such charter, as the case may be, will be 207.3 Scope of authorization. “Base Revenue Plane Miles” means considered on-route. 207.4 Tariffs to be filed for charter trips and special services. revenue mileage operated by an air car­ N ote: Charter services for the Department 207.4a Written contracts with charterers. rier in scheduled services, extra sections, of Defense conducted between points be­ 207.5 Limitation on amount of charter and on-route charter trips or special tween which the carrier is not otherwise trips which may be performed by services. authorized to provide service by its certifi­ combination carriers. “ Charter flight” means air transpor­ cate of public convenience and necessity or 207.6 All-cargo carriers: limitation on tation performed in accordance with exemption authority naming such points are amount of charter trips which may §207.11. not regarded as “on-route.”. be performed. “ Charter group” means that body of “Point” means any airport or place 207.7 Charter trips and other special serv­ ices within the State of Alaska. Individuals who shall actually partici­ where an aircraft may be landed or 207.7a Restriction on frequency and regu­ pate in the charter flight. taken off, including the area within a larity of off-route charter trips and “ Charter organization” means that 50-mile radius of such airport or place. other special services. organization, group, or other entity from “ Pro rata charter” means a charter, 207.8 Notice of proposed special services. whose members (and their immediate the cost of which is divided among the 2072 Records and record retention. families) a charter group is derived. passengers transported. 207.10 Reports of emergency commercial “ Charter trip” means air transpor­ “ Single entity charter” means a char­ charters for other direct carriers. 207.11 Charter flight limitations. tation performed in accordance with ter, the cost of which is borne by the 207.12 Unused space. § 207.11. charterer and not by individual passen­ 207.18 Terms of service. “ Combination carrier” means an air gers, directly or indirectly. 207.14 Substitute transportation in emer­ carrier holding a certificate of public “Special services” are all services ren­ gencies. convenience and necessity issued pur­ dered in air transportation which are au­ 207.15 Payments, gratuities and donations. suant to section 401(d) (1) or (2) which thorized by section 401(e) (6) of the Act 207.16 Waiver. authorizes the carriage of persons, prop­ by an air carrier holding a certificate of Subpart B—Provisions Relating to Pro Rata erty and mail or persons and property public convenience and necessity other Charters only. than (1) services rendered in air trans­ 20720 Applicability of subpart. “Hawaiian charter trip” means a char­ portation over the route or routes desig­ Requirements R elating to atw Carriers ter trip between points within the 48 nated in its certificate(s), (2) charter 20721 Solicitation and formation of a char­ contiguous States of the United States, services as defined in this section, and tering group. on the one hand, and points in the State (3) services authorized by special exemp­ 20722 Pretrip notification and charter con­ of Hawaii, on the other hand. tion under section 416(b) of the Act. tract. “Islands of the Caribbean” means “ Transatlantic charter trip” means a 207.23 Agent’s commission. 20724 points in Jamaica, the Bahama Islands, charter trip between points within the Statement of Supporting Inform a­ Bermuda, Haiti, the Dominican Repub­ tion. 48 contiguous States of the United lic, Puerto Rico, the Virgin Islands, 20725 Charter trips originating in the States, (m tiie one hand, and points in United States. Trinidad and Tobago, the Cayman Is­ Greenland, Iceland, the Azores, Europe, 20726 Air carrier to identify enplanemente. lands, Aruba, the Leeward and Windward Africa, or Asia, as far east as (and in­ Islands, Barbados, and Curacao. cluding) India, on the other hand: Pro­ ^ tobements R elating to T ravel A gi “ Mixed charter” means a charter, the vided, however, That this definition shall 207.30 Prohibition against double com t cost of which is borne, or pursuant to not apply to off-route charter trips per­ 207 q eation. 1 Statement of Supporting Infoi contract may be borne, partly by the formed by a carrier between a point tion. charter participants and partly by the within the 48 contiguous States of the charterer. Reqtjirements R elating to Chabteriü United States, on the one hand, and a Organization “Off-route” shall refer to any charter point in a country in the above area with which is not on-route, except (1) char­ respect to which the carrier is author­ 207.40 Solicitation of charter participi 207.41 fjassengers on charter fllghts. ters performed for the Department of ized to perform air transportation of 207.42 Participation of immediate fam Defense, and (2) charters performed in persons and property pursuant to a cer­ bx charter fllghts. overseas or foreign air transportation on tificate of public convenience and neces­ 207.43 Charter costs. the reverse leg of a charter performed sity issued under section 401 of the Act, 207.44 Statement of charges. In the opposite .direction under a con­ on the other hand.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14158 RULES AND REGULATIONS

“ Transpacific charter trip” means a and signed by an authorized representa­ § 207.7 Charter trips and other special charter trip between points within any tive of the air carrier and the charterer services within the State of Alaska. State of the United States, on the one prior to (Operation of a charter flight: hand, and points in Australasia (includ­ Provided, That where execution of a con­ An air carrier shall not perform any ing Australia, New Zealand, Polynesia, tract prior to commencement of flight is charter trip or other special service in Micronesia, and Melanesia), Indonesia, impracticable because the charter has Interstate air commerce within the State of Alaska. or Asia as far west as longitude 70° east, been arranged on short notice, compli­ on the other hand: Provided, however. ance with the provision hereof shall be § 207.7a Restriction on frequency and That this definition shall not apply to effected within seven (7) days after com­ regularity o f off-route charter trips off-route charter trips performed by a mencement of the flight. The written and other special services. carrier between a point within any State agreement shall Include, without limita­ No air carrier shall perform off-route of the United States, on the one hand, tion: Hawaiian, transatlantic or transpacific and a point in a country in the above (1) Date and place of execution of the charter trips, or any other off-route area with respect to which the carrier contract or agreement; charter trips between any pair of points, is authorized to perform air transpor­ (2) Signature, printed or typed name or special services between any pair of tation of persons and property pursuant of each signatory, and official position of points: to a certificate of public convenience and each; (a) In excess of a total of eight (8) necessity issued under section 401 of the (3) Dates of flights and points in­ flights in the same direction during any Act, on the other hand. volved; period of four successive calendar weeks, “Travel agent” means any person en­ (4) Type and capacity of aircraft: (b) In the same direction on the same gaged in the formation of groups for Number of passenger seats available or day of two or more successive calendar transportation or in the solicitation or pounds of cargo capacity; and weeks, sale of transportation services. (5) Rates, fares, and charges appli­ (c) In excess of a total of three (3) § 207.2 Applicability of part. cable to the charter trip, including the flights in the same direction during any charter price, live and ferry mileage This part shall apply to all air car­ period of two successive calendar weeks charges, and layover and other nonflight unless such period is followed by a break riers (other than Alaskan air carriers charges. and air carriers certificated for supple­ of at least one calendar week during (b) No term or condition of the char­which no flights are operated in such mental air service) who hold currently ter contract shall, on its face, be incon­ effective certificates of public conven­ market or between such points, sistent with any provision of the carrier’s (d) Which are so arranged as to result ience and necessity issued by the Board published tariff. pursuant to section 401 of the act. In the observance of breaks required by §%207.5 Limitation on amount of charter paragraph (c) of this section at regularly § 207.3 Scope of authorization. trips which may be performed by recurring intervals, or Off-route charter trips and other combination carriers. (e) Which are so arranged as to result special services, and on-route charters, A combination carrier shall not dur­ in any uniform pattern or normal con­ sistency of operations: may be performed by air carriers, sub­ ing any calendar year perform off-route ject, however, to the limitations and charter trips which in the aggregate, on Provided, That the restrictions imposed regulations set forth in this part. The a revenue plane-mile basis, exceed 2 by this section shall not be applicable limitations and regulations herein speci­ percent of the base revenue plane-miles to off-route cargo charters performed by fied as applicable to charter trips shall flown by it during the preceding calendar an all-cargo carrier within its area of be applicable to all charter trips irre­ year. operations as set forth in § 207.6. spective of whether the authority to con­ duct such trips derives from section § 207.6 All-cargo carriers: limitation on § 207.8 Notice o f proposed special serv­ 401 (e) (6) of the act or the carrier’s amount of charter (rips which may be ices. certificate of public convenience and performed. No air carrier shall perform any spe­ necessity or from a special or general (a) [Reserved]. cial service in interstate, overseas or for­ exemption Issued by the Board. (b) An all-cargo carrier shall not dur­ eign air transportation unless at the time § 207.4 Tariffs to be filed for charter ing any calendar year perform off-route of filing of a tariff applicable to such trips and special sendees. charters which in the aggregate, on a special service or at the time of filing of revenue plane-mile basis, exceed 2 an application for a special tariff per­ (a) No air carrier shall perform any percent of the base revenue plane-miles mission, such air carrier shall have sub­ charter trips or other special services flown by it during the preceding calendar mitted to the Board a statement setting unless such air carrier shall have on file year: Provided, however, That an all­ forth a full description of the proposed with the Board a currently effective tariff cargo carrier shall be permitted to per­ service and shall have mailed copies showing all rates, fares, and charges for form off-route cargo charters within its thereof to the air carriers authorized by such charter trips and other special serv­ area of operations without any limitation certificates of public convenience and ices, and showing the rules, regulations, as to volume of service. necessity to render service to any point practices, and services in connection with (c) Within the meaningjof paragraph designated to receive the proposed spe­ such transportation including the eligi­ (b) of this section, the areas of opera­ cial service. The proposed special serv­ bility requirements for charter groups not tions of the all-cargo carriers are the ice shall not be inaugurated if prior to Inconsistent with those established in following: this part. the effective date of the tariff applicable (1) Within the 48 contiguous States— to such special service, or at the time oi (b) Every charter tariff shall contain The Plying Tiger Line Inc.; Airlift Inter­ action on the application for special the following provision: Payments for a national, Inc.; and Seaboard World Air­ tariff permission, the Board shall have charter flight made to any person to lines, Inc. whom the carrier, directly or indirectly, notified such air carrier that the per­ (2) Between the 48 contiguous States formance of such special servicet does has paid a commission or has agreed to and Europe—Seaboard World Airlines, not appear to be consistent with tne pay a commission with respect to such Inc. public interest. flight, shall be considered payment to the (3) Between the 48 contiguous States, §207.9 Records and record retention. carrier: Provided, however, That this re­ on the one hand, and the islands of the quirement shall not be applicable to Caribbean, on the other—Airlift Inter­ Each air carrier shall obtain and re­ foreign-originated charters. national, Inc. tain the following records in accordance § 207.4a Written contracts with char­ (4) Between the 48 contiguous States with Part 249 of this subchapter: terers. and Asia as far west as longitude 70* (a) A record of the names, addresses, (a) Every agreement to perform aeast, including Japan and the Philip­ and telephone numbers of all passengers charter trip, except charters for the De­ pines, but not Including Indonesia—The transported on each pro rata charter partment of Defense, shall be in writing Flying Tiger Line Inc. trip.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 973 RULES AND REGULATIONS 14159

(b) A copy of every charter contract. of this subchapter for the carriage of for less than the entire capacity (see (c) Every statement of supporting in­ property in air transportation; § 207.11(c)) of one or more aircraft. formation and proof of the commission (4) By a person authorized by the Where a carrier’s charter charge com­ paid to any travel agent for each pro rata Board to transport by air used house­ puted according to a mileage tariff in­ cludes a charge for ferry mileage, the charter trip. hold goods of personnel of the Depart­ (d) The written confirmation, and ment of Defense; carrier shall refund to the charterer any accompanying passenger list, received (5) By a study group charterer or a sum charged for ferry mileage which is from another carrier pursuant to foreign study group charterer as defined not in fact flown in the peformance of §207.25; and a copy of its written re­ in Part 373 of this chapter; or the charter: Provided, That the carrier quest, and accompanying passenger (6) By an overseas military personnel shall not charge the charterer for ferry list, to such other carrier for such charter operator as defined in Part 372 mileage flown in addition to that stated confirmation. of this chapter; or in the contract unless such mileage is (7) "By a travel group charter orga­ flown for the convenience of and at the § 207.10 Reports of emergency com­ nizer on behalf of a travel group pursu­ express direction of the charterer. mercial charters for other direct car­ ant to Part 372a of this chapter; or (b) The carrier shall require full pay­ riers. (c) Air transportation performed on ament of the total charter price, includ­ It shall be an express condition upon time, mileage or trip basis where less ing payment for the return portion of a authority conferred by subparagraph than the entire capacity of an aircraft round trip, or the posting of a satisfac­ (1) of paragraph (b) of § 207.11 that hfl.s been engaged for the movement of tory bond for full payment, prior to the each air carrier which performs an persons and their personal baggage by commencement of any portion of the air emergency charter transporting com­ two or more of the following persons: transportation: Provided, however, That mercial traffic for another direct carrier Provided, That such persons in the ag­ in the case of a charter for less than the shall file a report with the Bureau of gregate engage the entire capacity of the entire capacity of an aircraft pursuant Operating Rights, within 30 days follow­ aircraft: to § 207.11(c), the carrier shall require ing each charter trip, containing the (1) By a person for his own use (in­ full payment of the total charter price, following information: cluding a direct air carrier or a direct including payment for the return por­ (a) Name of direct carrier performing foreign air carrier when such aircraft is tion of a round trip, not less than 30 the charter and name of direct carrier for engaged solely for the transportation of days prior to the commencement of any which the charter was performed; company personnel and their personal portion of the transportation, and such (b) Date of flight or flights; baggage, or in cases of emergency, of payment shall not be refundable unless (c) Points of origin and destination, commercial passenger traffic: Provided, the charter is canceled by the carrier or and intermediate points, in any; That emergency charters for commer­ unless the carrier accepts a substitute (d) Number of passengers and/or tons cial traffic shall be reported in accord­ charterer for one which has canceled of cargo transported; ance with § 207.10); a charter, in which case the amount paid (e) Description of circumstances cre­ (2) By a person (no part of whose by the latter shall be refunded. ating the emergency; business is the formation of groups or (c) Where four or more round trip (f) Date of initial contact by the the consolidation of shipments for trans­ flights per calendar year are conducted chartering carrier regarding the charter; portation or the solicitation or sale of on behalf of a chartering organization (g) Reasons why the traffic in ques­ transportation services), for the trans­ by a carrier or carriers, one-way passen­ tion was not or could not be carried by portation of a group of persons as agent gers shall not be carried except that up other carriers certificated to serve the or representative of such group; to 5 percent of the charter group may particular market. (3) By a study group charterer or for­ be transported one way in each direction, eign study group charterer as defined In there shall be no intermingling of pas­ § 207.11 Charter flight limitations. Part 373 of this chapter; sengers and each planeload group, or Charter flights (trips) in air transpor­ (4) By an overseas military personnel less than planeload group (see § 207.11 tation shall be limited to the following: charter operator as defined in Part 372 (c )), shall move as a unit in both direc­ (a) Air transportation of persons and/ of this chapter: tions, except as provided in § 207.14. This or property pursuant to contracts with (5) By a travel group charter orga­ provision shall not be construed as per­ the Department of Defense where the nizer on behalf of a travel group pursu­ mitting knowing participation in any entire capacity of one or more aircraft ant to Part 372a of this chapter: plan whereby each leg of a round trip has been engaged by the Department; is chartered separately in order to avoid Provided, That with respect to paragraph the 5-percent limitation aforesaid. (b) Air transportation performed on a (c) of this section each person engaging time, mileage, or trip basis where the en­ less than the entire capacity of an air­ § 207.14 Substitute transportation in tire capacity of one or more aircraft has craft shall contract and pay for 40 or emergencies. been engaged for the movement Of per­ more seats: And provided, further, That (a) A carrier shall be permitted to sons and their baggage and/or the paragraph (c) of this section shall not movement of properly; transport a passenger on a charter flight be construed to apply to movements of with a group other than his own or on (1) By a person for his own use (in­ property. cluding a direct air carrier or a direct a ferry flight (as defined in § 241.03 of foreign air carrier when such aircraft is § 207.12 Unused space. this subchapter) under the following circumstances: engaged solely for the transportation of An air carrier may, with the written (1) The passenger was transported company personnel or company property, consent of the charterer(s), utilize any by the carrier on an outbound charter or in cases of emergency, of commercial unused space for the transportation of traffic: Provided, That emergency char­ (a) the carrier’s own personnel and prop­ flight; (2) The transportation is for return ters for commercial traffic shall be erty and/or (b) the directors, officers, reported in accordance with § 207.10); and employees of a foreign air carrier passage only; (3) When the passenger is required to (2) By a person (no part of whose or another air carrier traveling pursuant return at a different time than his own business is the formation of groups or to a pass interchange arrangement. the consolidation of shipments for trans­ charter flight due to emergency circum­ portation or the solicitation or sale of § 207.13 Terms o f service. stances beyond the passenger’s control; transportation services) for the trans­ (a) The total charter price and otherand portation of a group of persons, as agent terms of service rendered pursuant to (4) The charter group with which the or representative of such group; this part shall conform to those set passenger is to travel expresses no ob­ forth in the applicable tariff on file with jection to his participation in the char­ . ^ an air freight forwarder or in­ ter flight. ternational air freight forwarder hold- the Board and in force at the time of the a currently effective operating au- respective charter flight and the con­ For the purposes of this paragraph, tnorization under Part 296 or Part 297 tract must be for the entire capacity, or “ emergency circumstances beyond the

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14160 RULES AND REGULATIONS

passenger’s control” shall mean illness the passengers on the flight to which the contract within 15 days of the flight date, or injury to the passenger or a member request relates. the carrier shall require the person who of his immediate family; death of a executes the contract on behalf of the member of the passenger’s immediate Subpart B— Provisions Relating to Pro Rata Charters charterer to certify as to whether or not a family; or weather conditions or un­ contract for the flight has been canceled foreseeable and unavoidable delays in § 207.20 Applicability of subpart. by another carrier because the chartering ground transportation or connecting air This subpart sets forth the special organization was found to be ineligible transportation. rules applicable to pro rata charters, both under the regulations. The carrier shall (b) In cases where such substituteon-route and off-route. also notify the Board within 5 days after transportation is furnished, the carrier the contract has been executed, that its R equirements R elating to Air Carriers shall file a report with the Director, Bu­ execution took place within 15 days of reau of Operating Rights, within 30 days § 207.21 Solicitation and formation o f flight date. Where the certification dis­ after the substitute transportation is a chartering group. closes, or the carrier has reason to be­ provided setting forth the circumstances lieve, that a contract for the flight has of the carriage. Such report shall include (a) A carrier shall not engage, di­ rectly or indirectly, in any solicitation of been canceled by another carrier, the the name of the passenger; the name of notification to the Board shall also state his chartering organization; the name individuals (through personal contact, advertising, or otherwise) as distin­ that the carrier has made an independent of the chartering organization with inquiry and has satisfied itself that such whom he traveled in substitute trans­ guished from the solicitation of an or­ ganization for a charter trip, except cancellation was not caused by the in­ portation; the date he was originally eligibility of the chartering organization. scheduled to return and the date on after a charter contract has been signed. (b) A carrier shall not employ, directly If a charter contract is for the return which he actually returned; a descrip­ flight of a one-way charter by the same tion of the circumstances which made or indirectly, any person for the purpose of organizing and assembling members of charter organization, a copy of the pas­ the substitute transportation necessary; senger list (§ 207.45) of the outbound and the evidence which the carrier ob­ any organization, club, or other entity into a group to make the charter flight, charter shall be attached to the charter tained to substantiate the need for sub­ contract. stitute transportation (e.g., a doctor’s except after a charter contract has been Certificate). signed. § 207.23 Agent’s commission. § 207.15 Payments, gratuities, and dona­ § 207.22 Pretrip notification and char­ The carrier shall not pay its agent a tions. ter contract. commission or any other benefits, di­ rectly or indirectly, in excess of 5 per­ (a) Neither a carrier nor a travel (a) Upon a charter flight date being cent of the total charter price as set agent shall make any payments or ex­ reserved by the carrier or its agent, the forth in the carrier’s charter tariff on tend gratuities of any kind, directly or carrier shall provide the prospective file with the Board, or more than the indirectly, to any member of a charter­ charterer with a copy of this Part 207.* commission related to charter flights ing organization in relation either to The charter contract shall include a pro­ paid to an agent by a carrier certificated air transportation or land tours or vision that the charterer, and any agent to render regular service on the same otherwise. thereof, shall only act with regard to the route, whichever is greater. The carrier (b) Neither a carrier nor a travel charter in a manner consistent with this shall not pay any commission whatsoever agent shall make any donation to a char­ part and that the charterer shall within to an agent if the agent receives a com­ tering organization or an individual due time submit to the carrier such in­ mission from the charterer for the same charter participant. formation as specified in § 207.45. The service. (c) Nothing in this section shall pre­ carrier shall also require that the char­ clude a carrier from paying a commis­ terer and any travel agent involved shall § 207.24 Statement o f Supporting Infor­ sion (within the limits of §§ 207.23 and furnish it at least 30 days prior to de­ mation. 207.52) to a member of a chartering or­ parture of the first flight the statements Prior to performing a charter flight, ganization if such member is its agent, of supporting information required in the carrier shall execute, and require the or restrict a carrier or a travel agent §§ 207.47 and 207.31, respectively, unless travel agent (if any) and the charterer from offering to each member of the the charter has been contracted for to execute, the Statement of Supporting charter group such advertising and within 30 days before the date of depar­ Information attached hereto and made a goodwill items as are customarily ex­ ture, in which event the statement and part hereof. I f a charter contract covers tended to individually ticketed passen­ attachments shall be filed with the car­ more than one charter flight, only one gers (e.g., canvas traveling bag or a rier on the date the charter contract is statement need be filed: Provided, how- money exchange computer). executed. In the event of a substitution ever, That separate financial data (see § 207.16 Waiver. of carriers, the carrier with whom the item 13 of statement) shall be filed for statements and attachments have been each one-way or round-trip flight. The (a) A waiver of any of the provisions filed may forward them to the substitute carrier shall require the charterer to of this part may be granted by the Board carrier, in which case new statements annex to the statement copies of all an­ upon the submission by an air carrier need not be executed. nouncements of the charterer in connec­ of a written request therefor not leas (b) The carrier shall attach to its copy tion with the charter issued after the than 30 days prior to the flight to which contract is signed. it relates provided such a waiver is in of the charter contract a certification by the public interest and it appears to the an officer of the chartering organization, § 207.25 Charter trips originating in Board that special or unusual circum­ or other qualified person, authorizing the the United States. stances warrant a departure from the person who executes the contract to do so on behalf of the chartering organiza­ (a) in the case of a charter trip provisions set forth herein. Notwith­ originating in the United States which standing the foregoing, waiver applica­ tion.* I f the carrier executes a charter includes foreign air transportation, and tions filed less than 30 days prior to a where separate charter contracts cover flight may be accepted by the Board in 1 Copies of this part are available by pur­ the flight departing from the United emergency situations in which the cir­ chase from the Superintendent of Docu­ States and the flight returning to the cumstances warranting a waiver did not ments, Washington. D.O. 20402. Single copies will be furnished without charge on written United States, the time by which the exist 30 days before the flight. requests to the Publications Services Section, carrier to perform the returning flight, (b) A request for a waiver of any of Civil Aeronautics Board, Washington, D.O. as well as the carrier to perform the de­ the provisions of § 207.25 shall be ac­ 20428. parting flight, must receive full payment * Not applicable where the charter is based companied by a list of the names, ad­ on employment in one entity or employee of its charter price (or a satisfactory dresses, and telephone numbers of all or student status at a school. bond for such payment), in compliance

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14161 with the requirements of §, 207.13(b)', planing charter participants, and the of a segment of the public than a private shall be not less than 15 days prior to documentary source of such verifica­ entity. the departing flight, for a planeload tion shall be noted on the passenger (b) Members of the charter group may charter, or not less than 30 days prior list; Provided however, That in the case be solicited only from among the bona to the departing flight, if the charter is of international flights the identity of fide members of an organization, dub, or for less than the entire capacity of an each enplaning charter participant shall other entity, and their immediate fami­ aircraft, pursuant to § 207.11(c). be verified by means of his passport or, lies, and may not be brought together by (b) In addition to requiring timely if there be none, by means of any other means of a solicitation of the general payment of its charter price (or the post­ travel identity document, and the pass­ public. “Bona fide members” means those ing of a bond), pursuant to paragraph port number or travel identity document members of a charter organization who (a) of this section, the carrier perform­ number shall be entered on the passen­ (1) have not joined the organization ing the departing flight from the United ger list. - merely to participate in the charter as the result of solicitation of the general States shall request in writing from the R equirements R e l a t in g t o T ravel public; and (2) are members for a mini­ carrier performing the returning flight A g e n t s for the same chartering group, and the mum of 6 months prior to the starting carrier perfoming the returning flight § 207.30 Prohibition against double flight date. The requirement in subpara­ shal furnish, not later than 15 days compensation. graph (2) of this paragraph is not ap­ prior to the scheduled departure of a A travel agent may not receive a com­ plicable to­ planeload charter, or not later than 30 mission from both the direct air carrier ri) Students and employees of a single days prior to the scheduled departure and the charterer for the same service. school, and immediate families thereof; of a less-than-planeload charter, writ­ § 207.31 Statement of Supporting Infor­ or ten confirmation that the latter carrier mation. (ii) Employees of a single Government has also received timely payment of its agency, industrial plant, or mercantile charter price (or the posting of a bond), Travel agents shall execute, and fur­ establishment, and immediate families pursuant to paragraph (a) of this sec­ nish to air carriers, section A of part n thereof. of the Statement of Supporting Informa­ tion. Both the request and the confir­ (c) Solicitation of, as well as partici­ tion attached hereto and made a part mation shall contain particulars suf­ pation by, members of an organization hereof, at such time as required by the ficient to identify the charter trip, in­ with respect to charter flights shall ex­ carrier to afford it due time for review cluding such details as the date and point tend only to the organization, or the thereof. of origin of the departing flight, the date particular chapter or unit thereof, which and point of origin of the returning R equirements R e l a t in g t o C h a r t e r in g signs the charter agreement with the air flight, and the name of the chartering O rganization carrier as the charterer. group; and both shall be accompanied § 207.40 Solicitation o f charter partici­ (d) A charterer shall not advertise or by a passenger list. The confirmation pants. otherwise solicit its members for any shall also contain a statement to the (a) As used in the section, “ solicita­charter until a charter contract has been effect that the carrier has not previously signed: Provided, however, That this furnished such confirmation to any tion of the general public” means: (1) A solicitation going beyond theprohibition shall not extend to oral in­ other carrier with respect to the same quiries or internal mailings directed to charter trip. bona fide members of an organization (and their immediate families). This in­ members to determine Interest in a (c) The requirements of this section charter flight or charter program so long shall apply to all charter flights sched­ cludes air transportation services offered by an air carrier under circumstances In as no fixed price for air transportation is uled to depart after the effective date held out. After a charter contract is hereof; Provided, however, That with re­ which the services are advertised in mass media, whether or not the advertisement signed, copies of solicitation material spect to planeload charter flights sched­ is addressed to members of a specific or­ shall be furnished the carrier at the same uled to depart less than 15 days after time it is distributed to members. the effective date hereof, and with re­ ganization, and regardless of who places or pays for the advertising. Mass media spect to less-than-planeload charter § 207.41 Passengers on charter flights. flights scheduled to depart less than 30 shall be deemed to include radio and Only bona fide members of the char­ television, and newspapers and maga­ days after the effective date hereof, re­ terer, and their immediate families, may zines. Advertising in such media as news­ quirements hereunder as to advance pay­ participate as passengers on a charter letters or periodicals of membership or­ ments and receipt of written confirma­ flight, and the participants must be ganizations, industrial plant newsletters, tion thereof by the departing carrier, members of the specific organization or college radio stations, and college news­ chapter which authorized the charter. met within the time specified papers shall not be considered advertis­ ui this section but may be met at any The charterer must maintain a central tune-before flight departure, ing in mass media to the extent that; membership list, available for inspection (1) The advertising is placed in a me­ by the carrier or Board representative, inf Every carrier which has entered dium of communication circulated mo a charter contract covering one- which shows the date each person be­ mainly to members of an organization came a member.8 Where four or more TTnlf^^F1 air transportation from the that would be eligible to obtain charter States, to be performed in con- round-trip flights per calendar year are service, and conducted on behalf of a chartering a pro rata charter trip (li) The advertising states that the in the United States, must organization by a carrier or carriers, charter is open only to members of the intermingling between flights or reform­ Performing such depart- organization referred to in subdivision (i) ing of planeload groups, or less than ?tyher written confirmation of this subparagraph, or only to members planeload groups (see § 207.11(c)), shall in tpe returning carrier (as provided of a subgroup thereof. In this context, a as ?h5agrapk or (c) of this section, subgroup shall be any group with mem­ not be permitted,, and each group must bv may t)e)» or a waiver granted bership drawn primarily from members move as a unit in both directions, except ¿ Z P °arc* pursuant to § 207.16, such of the organization referred to in sub­ as provided in § 207.14. seffnr+i? either on the grounds division (i) of this subparagraph: Pro­ § 207.42 Participation of immediate 5* JL"W 5 207-16- or on a Show- vided, That this paragraph shall not be families in charter flights. ,na.tthe arrangements between the construed as prohibiting air carrier ad­ i^ f^ rin g organization and the charter vertising which offers charter services to (a) The immediate family of any bona îcipants do not involve the provision bona fide organizations, without refer­ fide member of a charter organization S ta te s 1 transportation to the United ence to a particular organization or may participate in a charter flight. flight. (2) The solicitation, without limita­ § 207.26 Air carrier to identify enplane- tion, of the members of an organization 8 Where the charter is based on employ­ ments. ment in one entity or student or employee so constituted as to ease of admission to status at a school, records of the corporation, effnrtt fk carrier shall make reasonable membership, and nature of membership, agency or school will suffice to meet the «morts to verify the identity of all en­ as to be in substance more in the nature requirements.

FEDERAI REGISTER, V O L 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—Pt. 14162 RULES AND REGULATIONS

(b) “ Immediate family” means onlyis subject to increase or decrease depend­ fide member of an entity consisting of (a) the following persons who are living in ing on the number of participants. All students and employees of a single school, the household of a member of a charter announcements shall separately state the or (b ) employees of a single Government organization, namely, the spouse, de­ agency, Industrial plant, or mercantile estab­ cost of ground arrangements, if any, lishment, or (3) Is a person whose participa­ pendent children, and parents, or such the cost of air transportation, the ad­ tion has been specifically permitted by the member. ministrative expenses of the charterer, Civil Aeronautics Board, or (4) Is the spouse, § 207.43 Charter costs. and the total cost of the entire trip. All dependent child, or parent of a person de­ announcements shall also identify the scribed hereinbefore and lives In such per­ (a) The costs of charter flights shall carrier, the number of seats available son’s household.4 be prorated equally among all charter and the type of aircraft to be used for the passengers, and no charter passenger charter. (Signature) shall be allowed free transportation; ex­ cept that (1) children under 12 years of §207.45 Passenger lists. § 207.46 Application for a charter. age may be transported at a charge less (a) Prior to each one-way or round- A chartering organization shall make than the equally prorated charge; and trip flight, a list shall be filed by the written application to the air carrier, set­ (2) children under 2 years of age may charterer with the air carrier showing ting forth the number of seats desired, be transported free of charge. the names, addresses, and telephone points to be included in the proposed (b) The charterer shall not make numbers of the persons to be trans­ flight or flights, and the dates of depar­ charges to the charter participants which ported, including standbys who may be ture for each one-way or round-trip exceed the actual costs incurred in con­ transported, specifying the relationship flight, and the number of round-trip summating the charter arrangements, of each such person to the charterer (by flights which have been conducted for nor include as a part of the assessment designating opposite his name one of the organization by any carrier or car­ for the charter flight any charge for the three relationship categories here­ riers during the calendar year. purposes of charitable donations. All inafter described), the date the person charges related to the charter flight joined or last renewed a lapsed member­ § 207.47 Statement o f Supporting In­ arrangements collected from the charter ship in the charter organization, and the formation. participants which exceed the actual designation “one-way” in the case of Charterers shall execute and file with costs thereof shall be refunded to the one-way passengers. The list shall be the air carrier section B of part n of the participants in the same ratio as the amended if passengers are added or Statement of Supporting Information at­ charges were collected. dropped before flight. tached hereto and made a part hereof at (c) Reasonable administrative costs (b) The relationship of a prospective such time as required by the carrier to of organizing the charter may be divided passenger shall be classified under one of afford it due time for review thereof. among the charter participants. Such the following categories and specified on Subpart C— Provisions Relating to Single costs may include a reasonable charge the passenger list as follows: Enitity Charters for compensation to members of the ( 1 ) A bona fide member of the char­ § 207.50 Applicability of subpart. charter organization for actual labor and tering organization who will have been personal expenses incurred by them. a bona fide member of the chartering This subpart sets forth the special rules Such charge shall not exceed $300 (or organization for at least 6 months prior applicable to single entity charters. to the starting flight date. Specify on the $500 where the charter participants § 207.51 Terms o f service. number more than 80) per round-trip passenger list as “ (1) member.” flight. Neither the organizers of the char­ (2) The spouse, dependent child or The provisions of § 207.13 shall apply ter, nor any member of the chartering parent of a bona fide member who lives to charters under this subpart except organization, may receive any gratuities in such member’s household. Specify on that paragraphs (b) and (c) of such sec­ or compensation, direct or indirect from the passenger list as “ (2) spouse” or “ (2) tion shall not be applicable and the sec­ the carrier, the travel agent, or any or­ dependent child” or “ (2 ) parent.” Also ond sentence of paragraph (a) of such ganization which provides any service to give name and address of member rela­ section shall not be applicable. the chartering organization whether of tive where such member is not a prospec­ tive passenger. § 207.52 Commissions paid to travel an air transportation nature or other­ agents. wise. Nothing in this section shall pre­ (3) Bona fide members of entities con­ clude a member of a chartering organiza­ sisting onl:’ of persons employed by a No direct air carrier shall pay a travel tion who is the carrier’s agent from re­ single Government agency, industrial agent any commission in excess of 5 per­ ceiving a commission from the carrier plant, or mercantile company or students cent of the total charter price or more (within the limits of § 207.23), or prevent and employees of a school or persons than the commission related to charter any member of the charter group from whose proposed participation in the flights paid to an agent by a carrier cer­ accepting such advertising and goodwill charter flight was permitted by the tificated to fly the same route, whichever items as are customarily extended to in­ Board pursuant to request for waiver. is greater. dividually ticketed passengers (e.g., a Specify on the passenger lists as “ (3) spe­ § 207.53 Statement o f Supporting In­ canvas traveling bag or a money ex­ cial” or “ (3) member” (where partici­ formation. change computer). pants are from a school group or from (d) I f the total expenditures, includ­ a Government agency, industrial plant Part I of the statement of supporting ing among other items compensation to or mercantile company). information attached hereto shall be ap­ members of the chartering organization, (c) In the case of a round-trip flight, plicable in the case of single entity referred to in paragraph (c) of this sec­ the above information must be shown for charters. tion, but exclusive of expenses for air each leg of the flight and any variations transportation or land tom's, exceed $750 between the outbound and inbound per round-trip flight, such expenditures trips must be explained on the list. 4 Whoever, In any matter within the Jurls- (d) Attached to such list must be a ictlon of any department or agency of the shall be supported by properly authen­ rnited States, knowingly and willfully falsi­ ticated vouchers. certification, signed by a duly authorized es, conceals, or covers up by any tries, representative of the charterer, reading: § 207.44 Statement o f charges. hem e or device a material fact, or masee The attached list of persons includes every ny false, fictitious or fraudulent statements The chartering organization, in any individual who may participate In the char­ r representations, or makes or uses any false announcements or statements to pro­ ter flight. Every person as Identified on the Titing or document knowing the same to mtaln any false, fictitious or fraudulent spective charter participants giving price attached list ( 1 ) was a bona fide member of the chartering organization, and will have ;atement or entry, shall be fined not more per seat, shall state that the seat price Is been a member for at least 6 months prior ian $10,000 or Imprisoned not more than o a pro rata share of total charter cost and to the starting flight date, or (2 ) Is a bona ears, or both. Title 18, U.S.C., section 1001.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14163

Subpart D— Provisions Relating to the latter performs or provides any travel 5. Has there been any reference to prospec­ Mixed Charters agency function or service (excluding air tive charter flights in soliciting new members transportation sales but including land for the charter organization? Yes [ ] No [ ] § 207.60 Applicable rules. tour arrangements). 6. State where a list of members is avail­ 1. W hat specific services have been or willable for inspection. The rules set forth in Subpart B of this be provided by agent to charterer on a group part shall apply in the case of mixed basis? ------'------charters. 7. Attach list of prospective passengers Statement o r Su ppo rting I n f o r m a t io n 1 (Including “standbys” and one-way passen­ gers designated as such), showing for each: 2. What specific services have been or will part i__to be completed by air carrier for (a ) Name and address; (b ) relationship of be provided by agent to individual partici­ each single entity, mixed, or pro rata such person to chartering organization, i.e., pants in the proposed charter?------charter. (Where more than one round-trip member, spouse, dependent child, parent or flight is to be performed under the charter “special” (a person whose proposed partici­ contract, clearly indicate applicability of 3. Has the agent or, to his knowledge, have pation in the charter flight was permitted by answers.) any of his principals, officers, directors, as­ the Board pursuant to request for waiver) ; 1. Name of transporting ca rrie r:------sociates or employees compensated any mem­ (c) if such person is related to a member bers of the chartering organization in rela­ who is not a prospective passenger, the mem­ “ a" Commencement date(s) of proposed tion either to the proposed charter flight or ber’s name and address; and (d) date mem­ flight ------any land tour? Yes [ ] No [ ] ber joined or last renewed a lapsed member­ 4. Does the agent have any financial in­ ship. (a) Going------terest in any organization rendering services (b) Returning------to the chartering organization? Yes [ ] (N ote : This is a list of prospective passengers 3. Points to be Included in proposedNo [ ] If answer is “yes” explain: and does not necessarily have to represent the passengers actually to be carried. The list flight (s) ------is to be amended, if passengers are dropped (a) Prom______- to------or added before flights and the certification W ar r an ty * (b) Returning from------to------required by § 207.45 must be attached to the (c) Other stops required by charterer: — I, ______represent and list.) 4. (a) Type of aircraft to be used:------(Nam e) 8. What are requirements for participation (b) Seating capacity: ------warrant that I have acted with regard to in charter?______(c) Number pf persons to be transported: this charter operation (except to the extent fully and specifically explained in Part II, 9. Hpw were prospective participants for 5. (a) Total charter price:------Section A) and will act with regard to such charter solicited (attach any solicitation (b) Does the charter price conform to operation in a manner consistent with Part material) ? ______tariff on file with the B oard?------207 of the Board’s economic regulations. (c) If pro rata or mixed charter, explain construction of charter price in relation to (Date) (Signature and address of 10. Will there be any participants in the tariff on file with the Board. (In case of travel agent or, if none, of charter flight other than ( 1 ) members of the mileage tariff, show mileage for each seg­ authorized official of air car­ chartering organization or (2 ) spouse, de­ ment involved and indicate whether segment rier where such carrier or pendent children, and parents of a member an affiliate under its con­ is live or ferry.)______of the chartering group residing in the same trol performs any travel 6. (a) Has the carrier paid, or does it con­ agency function or service household with the member? Yes [ ] No [ ] template payment of any commissions, direct (excluding air transporta­ 11. Will there be any members of the or indirect, in connection with the proposed tion sales but Including chartering organization participating in the flight? Yes [ ] No [ 1 land tour arrangements).) charter who will have been members of the Section B— To be supplied .by charterer: (b) If "yes” give names and addresses of organization for a period of less than 6 such recipients and indicate the amount 1. Description of chartering organization, months prior to flight date? • Yes [ ] paid or payable to each recipient. If any com­ including its objectives and purposes: mission to a travel agent exceeds 5 percent No [ ] If answer is “yes”, give names of of the total charter price, attach a state­ 2. What activities are sponsored by theparticipants who will not have been members ment Justifying the higher amount under chartering organization? for 6 months : ______L______this regulation. 12. If there is any intermediary involved 3. When was the organization founded? in the charter, other than the travel agent 7. (a) Will the carrier or any affiliate pro­ whose participation is described in Part II, vide any services or perform any functions 4. Qualification or requirements for mem­ Section A, submit name, address, remunera­ in addition to the actual air transportation? bership in organization and memership fee, Yes [ 1 No [ 1 if a n y :______;______tion, and scope of activity :______(b) if “yes” describe services or functions:

•Any air carrier, or any officer, agent, em­ 8. Name and address of charterer: ployee, or representative thereof, who shall, 13. Estimated receipts: knowingly and willfully, fail or refuse * * * ------X ------= to keep or preserve accounts, records, and (Pro rata charge) (Number of 9. If charter is single entity. Indicate pur­ pose of fligh t:______memoranda in the form and manner pre­ passengers) scribed or approved by the Board * • *, or $------shall, knowingly and willfully, falsify, muti­ (Estimated 10. On what date was the charter contract late, or alter any such report, account, rec­ receipts executed?______ord, or memorandum * ■ * * shall be deemed from charter) ^ the charter is pro rata, has a copy guilty of a misdemeanor and, upon convic­ Estimated receipts from other sources, if M Part 207 of the Civil Aeronautics Board’s tion thereof, be subject for each offense to a n y : ------Economic Regulations been mailed to a fine of not less than $100 and not more Explain: ______or delivered to the prospective charterer? than $5,000. Title 49 ÏÏJ3.C. § 1472(e). Jes [ ] No [ ] Whoever, in any manner within the juris­ (a) Total receipts: $______Part H—-To be completed for pro rata or diction of any department or agency of the Estimated expenditures, Including aircraft Hiixed charters only United States, knowingly and willfully falsi­ ®e®tlon A—To be supplied by travel agent, fies, conceals, or covers up by any trick, charter (separately itemize air transporta­ omn ere none* by the air carrier or an scheme or device a material fact, or makes tion, land tour, and administrative ex­ affiliate under its contra»! where either of any false, fictitious or fraudulent statements penses) : or representations, or makes or uses any false writing or document knowing the same to fm* ? 1*8 mus* be retained by the air carrier contain any false, fictitious or fraudulent • Not applicable to school charters, nor to Part Jao1* Pursuant to the requirements of statement or entry, shall be fined not more Charters limited to employees of a single Gov­ ^ut °Pen to Board inspection, and than $10,000 or imprisoned not more than ernment agency, industrial plant, or mercan­ De hied with the Board on demand. 5 years, or both. Title 18, UJ3.0., § 1001. tile company.

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14164 RULES AND REGULATIONS

Item Amount Payable to taneously with the solicitation of member­ Part 3721 of the Board’s special regu­ ship in the chartering organization in any lations sets forth rules governing over­ mass media advertising or notice or through direct mailing or public posters. I (w e) fu r­ seas military personnel charters, and ther represent and warrant that all charter authorizes licensed charter operators to (b) Total expenditures : $______participants have been Informed of eligibil­ act as indirect air carriers with respect Explain any difference between (a) and ity and cost requirements of Part 207 and to this class of charter. The technical (b ): ------that a flight may be canceled if ineligible aspects of the overseas military person­ participants are included. nel charter regulations are patterned 14. Are any of the expenses included in largely after those which govern study (Date) (Signature1—person with­ Item 13 above, to be paid to any members group charters (14 CFR pt. 373) and in­ of the chartering organization? Yes [ ] in organization in clusive tour charters (14 CFR pt. 378). No [ ] I f “yes” state how much, to whom charge of charter ar­ rangements) The operators of these charters are in­ and for what services:______direct air carriers who hire all or part (Signature and title of of an aircraft from direct air carriers 15. Is any member of the chartering orga­ officer. This should be and sell individual seats, subject to vari­ nization to receive any compensation or bene­ the chief officer of the ous conditions and restrictions, and bear fit directly or Indirectly from the air car­ chartering organization the entrepreneurial risks of unsold seats. rier, the travel agent, or any organization except in the case of a Parts 373 and 378 provide that the in­ providing services in relation to the air or school charter, in land portion of the trip? Yes [ ] No [ ] which case the warran­ direct air carriers (i.e., study group If “yes” explain fu lly :______ty must be by school charterers or tour operators) may utilize official not directly in­ any of their unused charter space for the volved in charter.) transportation, on a free or reduced-rate basis, of their employees, directors, and W ar r an t y of Ant Carrier 8 16. Will any person in the group (except officers, and the parents and immediate children under 2 years) be transported with­ To the best of my knowledge and belief out charge? Yes [ ] No. [ ] families of such persons, subject to the all the Information presented in this state­ provisions of part 223 of the Board’s 17. Will charter costs be divided equally ment, including but not limited to, those economic regulations (14 CFR Pt. 223) .a among charter participants, except to the ex­ parts warranted by the charterer and the tent that a lesser charge is made for children travel agent, is true and correct. I represent However, it has recently come to our at­ under 12 years old? Yes [ ] No [ ] and warrant that the carrier has acted with tention that part 372 does not include a 18. Separately state for the outbound and regard to this charter operation (except to provision granting to overseas military Inbound flights the number of one-way the extent fully and specifically explained in personnel charter operators the same passengers anticipated to be transported in this statement or any attachment thereto) right to provide such free or reduced- each direction: and will act with regard to such operation rate transportation. We believe that in a manner consistent with Part 207 of the there is not reason why overseas military Board’s economic regulations. personnel charter operators should not 19. If four or more round trips are con­ (Date) (Signature and title of have the same right as study group tracted for, will each group move as a unit in authorized official of air charterers and tour operators, in this both directions? Yes [ ] No [ ] carrier) respect, since all three bear the same Whoever, in any matter within the juris­ risks if they do not resell all of their 20. If charters have been performed for or­diction of any department or agency of the chartered seats. We have therefore deter­ ganization during past 5 years, give dates and United States knowingly and willfully falsi­ mined to cure the apparently inadvertent name of carrier performing charters: fies, conceals or covers up by any trick, omission in part 372 of a provision scheme, or device a material fact, or makes granting this right. any false, fictitious or fraudulent state­ ments or representations, or makes or uses Accordingly, the rule being adopted 21. Has a copy of Part 207 “Charter Trips any false writing or document knowing the herein amends the definition of “over­ and Special Services” of the Economic Regu­ same to contain any false, fictitious or fraud­ seas military personnel charter” in lations of the Civil Aeronautics Board been ulent statement or entry, shall be fined not § 372.2 by adding thereto the same pro­ received by the charterer? Yes [ ] No [ ] more than $10,000 or imprisoned not more viso which is set forth in the counter­ 22. Attach copies of all announcements of than 5 years or both. Title 18 U.S.C. 1001. part definitions of parts 373 and 378. the chartering organization in connection [P R Doc.73-10718 Piled 5-29-73;8:45 am ] Since this amendment, which corrects with the charter issued after the charter con­ a technical oversight, relieves a restric­ tract is signed. tion and imposes no burden upon any SUBCHAPTER D— SPECIAL REGULATIONS W a r r an ty of Charterer * person, the Board finds that notice and [Reg. SPR—69; Arndt. 372-4] I , ------.------a n d ______public procedure hereon are unnecessary (Nam e) PART 372— OVERSEAS MILITARY and the rule may become effective imme­ - — — ------represent and warrant that PERSONNEL CHARTERS diately. (Nam e) In consideration of the foregoing, the the charterer has acted with regard to this Free or Reduced-Rate Transportation for Civil Aeronautics Board hereby amends charter operation (except to the extent fully Charter Operators’ Employees and Cer­ part 372 of its special regulations (14 tain Other Persons and specifically explained in Part n , Section CFR pt. 372), effective May 23, 1973, as B ), and will act with regard to such opera­ Adopted by the Civil Aeronautics tions, in a manner consistent with Part 207 follows: of the Board’s economic regulations. I (we) Board at its office in Washington, D.C. Amend the definition of “overseas further represent and warrant that the char­ on May 23,1973. military personnel charter” in § 372.2 by terer has not offered charter flights simul- adding a-proviso at the end thereof, the 5 Any air carrier, or any officer, agent, em­ definition as amended to read as follows: ployee, or representative thereof, who shall, § 372.2 Definitions. * Whoever, in any matter within the Juris­ knowingly and willfully, fail or refuse . . . diction cf any department or agency of the to keep or preserve accounts, records, and ***** United States knowingly and willfully falsi­ memoranda in the form and manner pre­ “Overseas military personnel charter” fies, conceals or covers up by any trick, scribed or approved by the Board . . or means a charter, either one-way or scheme or device a material fact, or makes shall, knowingly and willfully, falsify, muti­ round-trip^ limited to military personnel any false, fictitious or fraudulent statements late, or alter any such report, account, record, or representations, or makes or uses any false or memorandum . . . shall be deemed on active duty with the U.S. Armed writing or document knowing the same to guilty of a misdemeanor and, upon convic­ contain any false, fictitious or fraudulent tion thereof, be subject for each offense to a The pertinent provisions are set forth to statement or entry, Shall be fined not more a fine of not less than $100 and not more the form of provisos to the definitions of than $10,000 or imprisoned not more than than $5,000. Title 49 U.S.O. § 1472( e ) . “study group” and “inclusive tour group” to 5 years, or both. Title 18 U.S.C., 1001. 1 SPR-54, dated May 18, 1972, 37 PR 11159. §§ 373.2 and 378.2, respectively.

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14165

Forces (including the Coast Guard), sta­ curd, cottage cheese, and lowfat cottage the figures reading “ 244, 371”, should tioned outside the 48 contiguous States cheese (21 CFR 19.525, 19.530, and read “ 344, 371” . of the United States and the District of 19.531, respectively) to permit the manu­ Columbia, and/or civilian employees of facturing procedure of direct acidifica­ PART 121— FOOD ADDITIVES the Department of Defense who are citi­ tion by the vat method utilizing Glucono- Subpart C— Food Additives Permitted in zens of the United States and are sta­ delta-lactone with appropriate product Feed and Drinking Water of Animals or tioned in a foreign country, or in a U.S. labeling: for the Treatment of Food-Producing territory or possession, where such U.S. Pursuant to provisions of the Federal Animals military personnel are stationed, and/or Food, Drug, and Cosmetic Act (sec. 401, T ricyclohexyltin H y d r o x id e 701, 52 Stat. 1046,1055-1056, as amended the immediate families of the foregoing A petition (FAP 3H5021), was filed persons, where the following conditions by 70 Stat. 919 and 72 Stat. 948; 21 U.S.C. jointly by Dow Chemical, U.S.A., P.O. 341, 371) and under authority delegated are met: (a) All military personnel and Box 1706, Midland, Mich. 48640, and civilian employees of the Department of to the Commissioner of Food and Drugs (21 CFR 2.120), notice is given that no M. & T. Chemicals, Inc., P.O. Box 1104, Defense participating in the charter are Rahway, N.J. 07065, in accordance with on official furlough, leave, pass, or other objections were filed in response to the order in the above-identified matter provisions of the Federal Food, Drug, authorized absence from duty, and (b) and Cosmetic Act (21 U.S.C. 348), pro­ the transportation is between a place in published in the F ederal R eg ister of posing establishment of a food additive the 48 contiguous States of the .United March 14, 1973 (38 FR 6886). Accord­ ingly, compliance with the order of tolerance (21 CFR pt. 121), for residues States or the District of Columbia and a of the insecticide tricyclohexyltin hy­ place in Alaska, Hawaii, or a territory or March 14, 1973 (38 FR 6886), includ­ ing any labeling changes required, may droxide including its organotin metabo­ possession of the United States, or a lites (calculated as tricyclohexyltin hy­ foreign country in which military per­ begin immediately, and all labeling ordered after December 31, 1973, and all droxide) , in citrus pulp at 8 p/m sonnel of the United States are sta­ labeling used for products shipped in resulting from application of the insec­ tioned: Provided, however, That nothing interstate commerce after December 31, ticide to growing citrus fruit. (For a contained herein shall preclude an over­ 1974, shall comply with that order. related document, see this issue of the seas military personnel charter operator F ederal R e g ist e r , page 14168). Dated May 22, 1973. “ The reorganization plan No. 3 of 1970, from utilizing any unused space on an published in the F ederal R e g ister of aircraft chartered by it pursuant to this S a m D . F i n e , Associate Commissioner October 6, 1970 (35 FR 15623), trans­ part for the transportation, on a free or for Compliance. ferred (effective December 2, 1970), to reduced-rate basis, of such charter op-, the Administrator of the Environmental [FR Doc.73-10628 Filed 5-29-73:8:45 am ] erator’s employees, directors, and offi­ Protection Agency, the functions vested cers, and the parents and immediate in the Secretary of Health, Education, PART 90— EMERGENCY PERMIT and Welfare for establishing tolerances families of such persons, subject to the CONTROL for pesticide chemicals under sections provisions of part 223 of this chapter. Manufacture and Processing of Thermally 406, 408, and 409 of the Federal Food, * * * * * Processed Low-Acid Foods Packaged in Drug, and Cosmetic Act, as amended (21 (Secs. 101(3), 204(a), and 403(b) of the Fed­ Hermetically Sealed Containers; Correc­ U.S.C. 346, 346a, and 348). Pesticide and eral Aviation Act of 1958, as amended, 72 tion food additive tolerances for tricyclohex­ Stat. 737, 743, 758, as amended by 74 Stat. yltin have previously been established. 445; 49 U.S.C. 1301,1324, and 1373.) In FR Doc. 73-9425, appearing at page Having evaluated the data in the peti­ 12716 in the issue of Monday, May 14, By the Civil Aeronautics Board. tion and other relevant material, it is 1973, the following corrections concern­ concluded that the tolerance should be [ seal] P h y l l i s T . K a y l o r , ing (1) applicability to States, and (2) established. Acting Secretary. effective date of the order, in part, Therefore pursuant to provisions of [FR Doc.73-10717 Filed 5-29-73;8:45 am] should be made: the act (sec. 409(c) (1), (4), 72 Stat. 1. In § 90.20(g) on page 12718, the 1786; 21 U.S.C. 348(c) (1), (4), the au­ Title 21— Food and Drugs 16th line should read “ States listed in thority transferred to the Administrator paragraph (j) of this sec-” . CHAPTER I— FOOD AND DRUG ADMINIS­ of the Environmental Protection Agency TRATION, DEPARTMENT OF HEALTH, 2. In § 90.20 on page 12719 under (35 FR 15623), and the authority dele­ EDUCATION, AND WELFARE “Effective date,” the second line should gated by the Administrator to the Dep­ read “sions of § 90.20(g), which relates uty Assistant Administrator for pesticide SUBCHAPTER B— FOOD AND FOOD PRODUCTS toper-” . programs (36 FR 9038), § 121.341 is re­ PART 121— FOOD ADDITIVES Dated May 23,1973. vised to read as follows: Subpart E— Prior-Sanctioned Food § 121.341 Tricyclohexyltin hydroxide. Ingredients S a m D. F i n e , Associate Commissioner Tolerances of 8 p/m are established for Correction for Compliance. combined residues of tricyclohexyltin In PR Doc. 73-9621 appearing at page [FR Doc.73-10630 Filed 5-29-73;8:45 am ] hydroxide and its organotin metabolites 12737 in the issue of Tuesday, May 15, (calculated as tricyclohexyltin hy­ droxide), in dried apple pomace when 1973, the fifth line of the paragraph PART 90— EMERGENCY PERMIT present therein as a result of the appli­ CONTROL numbered 1, reading “such ingredients cation of the insecticide to growing ap­ are poisonous or del-” , should read “such Manufacture and Processing of Thermally ples and in dried citrus pulp when pres­ Ingredients are excluded from the”. Processed Low-Acid Foods Packaged in ent therein as a result of the application Hermetically Sealed Containers of the insecticide to growing citrus fruit. Correction Any person who will be adversely af­ ME«Ï?—c h e e s ES, p r o c e s s e d CHEESES, c h e e s e f o o d s , c h e e s e In FR Doc. 73-9425 appearing at page fected by the foregoing order may at any SPREADS, AND RELATED FOODS 12715 in the issue of Monday, May 14, time on or before June 29, 1973, file with 1973, make the following changes: the hearing clerk, Environmental Pro­ Cottage Cheese; Standards of Identity; Di­ 1. In the 14th line of § 90.20(c) (2), tection Agency, room 3902A, Fourth and rect Acidification by Vat Method With M Streets SW., Waterside Mall, Wash­ Appropriate Product Labeling; Confir­ insert a comma between “ing” , and ington, D.C. 20460, written objections mation of Effective Date “sterilizing”. thereto in quintuplicate. Objections shall In the matter of amending the stand­ 2. In the third column on page 12719, show wherein the person filing will be ards of identity for cottage cheese dry in the last line of the authority citation, adversely affected by the order and spec-

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 973 14166 RULES AND REGULATIONS

ify with particularity the provisions of a level of one-fourth to one-half of the sary after 7 days for two or three doses the order deemed objectionable and the anesthetic dosage level. (3) Corticosteroids administered orallv grounds for the objections. I f a hearing (3) Federal law restricts this drug toor parenterally to animals may induce is requested, the objections must state use by or on the order of a licensed the first stage of parturition when ad the issues for the hearing. A hearing will veterinarian. ministered during the last trimester of be granted if the objections are sup­ pregnancy and may precipitate prema­ ported by grounds legally sufficient to Effective date.—This order shall be ef­ fective on May 30,1973. ture parturition followed by dystocia justify the relief sought. Objections may fetal death, retained placenta, anri be accompanied by a memorandum or (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i).) metritis. u brief in support thereof. Dated May 22,1973. (4) Not for use in horses intended for food. Effective date.—This order shall be­ C. D. V a n H o u w e l i n g , come effective on May 30, 1973. Director, (5) Federal law restricts this drug to (Sec. 40 9(c)(1), (4 ), 72 Stat. 1786; 21 U.S.C. Bureau of Veterinary Medicine. use by or on the order of a licensed 348(c)(1), (4).) veterinarian. [FR Doc.73-10627 Filed 5-29-73;8:45 am] Dated May 22, 1973. Effective date.—This order shall be ef­ fective May 30, 1973. H e n r y J. K o r p, PART 135b— NEW ANIMAL DRUGS FOR (Sec. 512(1), 82 Stat. 347; 21 UJS.C. 360b(i).) Deputy Assistant Administrator IMPLANTATION OR INJECTION Dated May 23, 1973. for Pesticide Programs. Prednisolone Acetate [FR Doc.73-10674 Filed 5-29-73;8:45 am ] * The Commissioner of Food and Drugs C. D. V a n H o u w e l in g , has evaluated a supplemental new ani­ Director, SUBCHAPTER C— DRUGS mal drug application (10-312V) filed by Bureau of Veterinary Medicine. PART 135b— NEW ANIMAL DRUGS FOR Schering Corp., 86 Orange Street, [FR Doc.73-10634 Filed 5-29-73;8:45 am] IMPLANTATION OR INJECTION Bloomfield, N.J. 07003, proposing revised labeling for the safe and effective use of Chloral Hydrate, Pentobarbital, and PART 135c— NEW ANIMAL DRUGS IN sterile prednisolone acetate aqueous ORAL DOSAGE FORMS Magnesium Sulfate suspension for the treatment of dogs, The Commissioner of Food and Drugs cats, and horses. The supplemental ap­ Dichlorvos has evaluated a supplemental new ani­ plication is approved. The Commissioner of Food and Drugs mal drug application (5-909V) filed by Therefore, pursuant to provisions of has evaluated a new animal drug appli­ Jensen-Salsbery Laboratories, division the Federal Food, Drug, and Cosmetic cation (48-271V) filed by Shell Chemical of Richardson-Merrell, Inc., Kansas Act (sec. 512(1) , 82 Stat. 347; 21 U.S.C. Co., a division of Shell Oil Co., Agricul­ City, Mo. 64141, proposing revised label­ 360b (i)) and under authority delegated tural Division, 2401 Crow Canyon Road, ing for the safe and effective use of to the Commissioner (21 CFR 2.120), San Ramon, Calif. 94583, proposing use chloral hydrate, pentobarbital, and mag­ part 135b is amended by adding a new of dichlorvos as an anthelmintic in tab­ nesium sulfate in a sterile aqueous solu­ section as follows: let form for oral administration to cats tion for intravenous use in cattle and § 13 5b.82 Sterile prednisolone acetate and puppies. The application is approved. horses as a general anesthetic. The sup­ aqueous suspension, veterinary. Therefore, pursuant to provisions of plemental application is approved. the Federal Food, Drug, and Cosmetic Therefore, pursuant to provisions of (a) Specifications.—Each milliliter of Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. the Federal Food, Drug, and Cosmetic sterile aqueous suspension contains 25 m 360b (i ) ) and under authority delegated of prednisolone acetate. Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. to the Commissioner (21 CFR 2.120), (b) Sponsor.—See code No. 032 in 360b (i)) and under authority delegated part 135c is amended in § 135c.50 by add­ § 135.501(c) of this chapter. to the Commissioner (21 CER.JL120), ing a new paragraph (i) as follows: part 135b is amended by adding a new (c) Conditions of use.— (1) The drug section as follows: is indicated in the treatment of dogs, § 135c.50 Dichlorvos. cats, and horses for conditions requiring * * * * * § 135b.57 Chloral hydrate, pentobarbi­ an anti-inflammatory agent. The drug is tal, and magnesium sulfate injection. (1) Conditions of use, in cats and pup­ indicated for the treatment of acute pies.— (1) It is indicated for the removal (a) Specifications.—Chloral hydrate,musculoskeletal inflammations such as and control of roundworms (Toxocara pentobarbital, and magnesium sulfate bursitis, carpitis, and spondylitis. The canis, Toxocara cati, Toxascaris leonina) injection contains 42.51 mg of chloral drug is indicated as supportive therapy and hookworms (Ancylostoma caninum, hydrate, 9.72 mg of pentobarbital, and in nonspecific dermatosis such as sum­ Ancylostoma tubaeforme, Uncinaria 21.25 mg of magnesium sulfate in each mer eczema and atopy. The drug may be stenocephala) occurring in the intestinal milliliter of sterile aqueous solution con­ used as supportive therapy pre- and tracts of cats and puppies. taining water, 44.34 percent propylene post-operatively and for various stress (2) The drug is in tablet form and is glycol, and 11.5 percent alcohol. conditions when corticosteroids are re­ administered orally at a dosage level of (to) Sponsor.—See code No. 062 in quired while the animal is being treated 5 mg of the active ingredient per pound § 135.501(c) of this chapter. for a specific condition. of body weight. (c) Conditions of use.— (1) It is used (2) The drug is administered to horses (3) Do not administer to puppies or for general anesthesia, and as a seda­ intra-articularly at a dosage level of 50- cats showing signs of constipation, me­ tive-relaxant in cattle and horses. 100 mg. The dose may be repeated when chanical blockage of the intestinal tract, necessary. If no response is noted after (2) For intravenous use only. The impaired liver function, or to animals drug is administered at a dosage level of 3 or 4 days, the possibility must be con­ 20-50 ml/100 lb of body weight for gen­ sidered that the condition is unrespon­ recently exposed to or showing signs of eral anesthesia. It is administered in­ sive to prednisolone therapy. The drug infectious disease. The drug is a cholin­ travenously via gravity flow until the is administered to dogs and cats intra­ esterase inhibitor and should not be used desired effect is produced as indicated by muscularly at a dosage level of 10-50 simultaneously or within a few days be­ rate and depth of respirations, muscle mg. The dosage may be repeated when fore or after treatment with or exposure tone, and corneal reflex. Due to the necessary. If the condition is of a chronic to cholinesterase-inhibiting drugs, pesti­ nature, an oral corticosteroid may be weight of the rumen contents, cattle given as a maintenance dosage. The drug cides, or chemicals. usually require a lower dosage on the may be given intra-articulayly to dogs (4) Do not use in animals under 10 basis of body weight. When used as a and cats at a dosage level of 5-25 mg. days of age or under 1 pound of body sedative-relaxant, it Is administered at The dose may be repeated when neces­ weight.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14167

(5) Federal law restricts this drug to Sec. dispensed by the drink, or béer sold in 261.1 Authority and purpose. other than sales outlets for packaged use by or on the order of a licensed 261.2 AppllcabUity and scope. veterinarian. alcoholic beverages, may be promul­ 261.3 Responsibility. gated by the Secretaries of the Military Effective date.—This order shall be ef­ 261.4 General policy statement. 261.5 Authorized sales. Departments. fective May 30,1973. (b) Sales outlets for packaged alco­ (Sec. 512(1), 82 Stat. 347; 21 TJ.S.C. 360b(i).) A u t h o r it y .— 50 U.S.C. App. 473. holic beverages.— The sale of packaged § 261.1 Authority and purpose. alcoholic beverages, other than beer, Datpd May 23,1973. may be authorized on military installa­ Under the authority contained in sec­ C. D. V a n H o u w e l in g , tions when the Secretary of a Military Director, tion 6,1951 Amendments to the Universal Department approves the establishment Bureau of Veterinary Medicine. Military Training and Service Act, 50 of such sales outlets after determining U.S.C. App. 473, this part assigns respon­ [FRDoc.73-10635 Piled 5-29-73;8:45 am i that the authorization will be beneficial sibility and establishes uniform Depart­ to the morale of the military community. ment of Defense policy governing the (1) In arriving at such determina­ Title 22— Foreign Relations sale of alcoholic beverages. tions, the Secretary of a Military De­ CHAPTER II— AGENCY FOR INTERNA­ § 261.2 Applicability and scope. partment will take cognizance of all TIONAL DEVELOPMENT, DEPARTMENT pertinent factors including the follow­ OF STATE The provisions of this part apply to all DOD components and to all persons eligi­ ing criteria as applicable: [AID Beg. 5] ble to patronize on-base outlets' selling (1) Estimated number of authorized PART 205— PER DIEM PAYMENTS TO alcoholic beverages in the United States patrons per outlet if granted. PARTICIPANTS IN NONMILITARY ECO­ and the District of Columbia. (ii) Importance of estimated contri­ NOMIC DEVELOPMENT TRAINING PRO­ butions of package store profits to pro­ GRAMS § 261.3 Responsibility. viding, maintaining, and operating Per Diem Rates (a) Office of the Secretary of De­ (iii) Availability of wholesome family clubs, messes, and other recreational Part 205 of Chapter EE of Title 22 of fense.—The Assistant Secretary of De­ the Code of Federal Regulations (AID fense (Manpower and Reserve Affairs) activities. social clubs to military personnel in the Regulation 5) is revised to read as (ASD (M & RA)) shall be responsible for local civilian community. follows: the administration of this part through­ out the DOD. (iv) Geographical inconveniences. § 205.1 Per diem rates. (b) Military Departments.—The Sec­ (v) Limitations of nonmilitary sources. Participants in any training program retaries of the Military Departments (vi) Disciplinary and control problems under the Foreign Assistance Act of 1961, shall be responsible for effectively carry­ due to restrictions imposed by local law other than part II, may receive a per ing out the policies of this part and for and regulation. diem allowance in accordance with the publishing implementing regulations in (vii) Highway safety. following rates: accordance with existing applicable (viii) A digest of the attitudes of com­ (a) For participants in programs of laws. munity authorities or civic organiza­ tions toward establishment of a package training in the United States, a per diem § 261.4 General policy statements. allowance not to exceed $30, or, in ex­ sales outlet. ceptional circumstances such other rate (a ) . Use of alcoholic beverages.—The (2) An information copy will be dis­ not to exceed $40, as the administrator of established policy of the Department of patched to the ASD(M&RA) of each the Agency for International Develop­ Defense with respect to controlling the action approving the establishment of ment, or his designee may prescribe and use of alcoholic beverages by members sales outlets for packaged alcoholic bev­ such designee may be authorized to re­ of the Armed Forces is expressed in part erages, including the determinations and delegate such authority. 105 of this chapter. findings made in accordance with the (b) For participants in programs of (b) Restrictive controls.—Restrictive criteria as stated above. training in countries other than the controls shall be established by Secre­ (3) Controls.— (i) Purchase and con­ United States, a per diem allowance not taries of the Military Departments which sumption.—Although individual ration­ to exceed those prescribed by the stand­ recognize (as the primary consideration) ing will not be required, installation ardized regulations (Government Civil­ the varying conditions and requirements commanders will maintain a continuing ian, Foreign Areas). of military service, yet do not discrimi­ review of the arhount of alcoholic bever­ This revision shall become effective on nate against individuals in the Armed ages purchased in the sales outlets and May 30,1973. Forces by denying them the rights and the number of authorized purchasers. I f James F. Campbell, privileges of other citizens. such review indicates that the purchases Assistant Administrator, Bureau (c) Cooperation.—(1) DOD will co­ equated to the number of authorized in­ for Program and Management operate with all duly constituted regu­ dividuals results in an excessive per cap­ Services. latory officials (local, State and Federal) ita amount, appropriate control meas­ to the degree that the duties of such of­ May ll, 1973. ures will be instituted to assure ficials are related to the furtherance of compliance with § 261.4(a) or subdivi­ [FR Doc.73-10625 Filed 5-29-73;8:45 am] the terms of this part. However, the sion (iii) of this subparagraph, as ap­ purchase of all alcoholic beverages for plicable. Title 32— National Defense resale at any camp, post, station, base, or (ii) Pricing.—Prices in authorized sales other place primarily occupied by mem­ outlets for packaged alcoholic beverages CHAPTER I— OFFICE OF THE SECRETARY bers of the Armed Forces within the OF DEFENSE shall be within 10 percent of the lowest United States shall be in such a manner prevailing rates of civilian outlets in the SUBCHAPTER M— MISCELLANEOUS and under such conditions as shall ob­ area. Exceptions will be granted only PART 261— ALCOHOLIC BEVERAGE tain for the Government the most ad­ upon approval by the Secretary of the CONTROL vantageous contract, price, and other cognizant Military Department upon a The following revision to part 261 has factors considered. substantiated showing, to be made in Deen approved. Part 261 establishes uni- (2) This policy of cooperation is not toeach case, that special factors warrant *orm Department of Defense policy gov­ be construed or represented as an ad­ an exception thereto. erning the sale of alcoholic beverages. It mission of any legal obligation to sub­ (iii) Diversion.—Diversion, to unau­ assigns responsibilities for the imple­ mit to State control. thorized persons of packaged alcoholic mentation of the policy, provides guid­ § 261.5 Authorized sales. beverages purchased by members of the ance as to the establishment of sales out­ (a) Other than packaged alcoholic Armed Forces in authorized sales out­ ers, and prescribes controls on the sale beverages.—Appropriate regulations cqn- lets, is a serious offense and where sub­ of alcoholic beverages. trolling the sale of alcoholic beverages stantiated will be punished.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14168 RULES AND REGULATIONS

(4) Eligibility for patronage of salesrequired and they have made sworn bution of application and permit.”, should outlets.—Eligibility for patronage of statement that they are unable to defray be “ § 125.14 Distribution of application sales outlets for alcoholic beverages on such expense. The authority under this and permit.” military installations will be restricted to paragraph is subject to the exceptions authorized personnel prescribed by the stated in paragraph (h) of this section. Secretaries of the Military Departments. * ♦ # * * SUBCHAPTER E— PESTICIDES PROGRAMS PART 180— TOLERANCES AND EXEMP M a u r ic e W . R o c h e , (g) Outpatient services.— (1) •* Out­ TIONS FROM TOLERANCES FOR PES Director, Correspondence and patient physical examination, subject to TICIDE CHEMICALS IN OR ON RAW Directives Division, OASD exception defined in paragraph (h) (1) AGRICULTURAL COMMODITIES (Comptroller). of this section. Dimethyl Phosphate of 3-Hydroxy-N- {PR Doc.73-10682 Filed 5-29-73;8:45 am] (2) Outpatient treatment for service- connected conditions, including adjunct Methyl-Cis-Crotonamide treatment thereof; for veterans under Correction Title 38— Pensions, Bonuses, and Veterans’ Relief § 17.60 (h) and ( i ) ; and for non-service- In FR Doc. 73-9333 appearing on page connected conditions to avoid interrup­ 12215 of the issue for Thursday, May 10, CHAPTER I— VETERANS tion of training authorized under 38 ADMINISTRATION 1973, in the three tolerance limits at thè U.S.C. chapter 31, subject to exceptions end of § 180.296, the abbreviations PART 17— MEDICAL defined in paragraph (h) of this section. “ p/m” should in each instance read (h) Limitation.— (1) No return trans­ “parts-per million”. Beneficiary Travel Expenses; Conditions portation will be supplied a claimant or for Withholding Payment The third line of the paragraph im­ beneficiary under paragraph (g) of this mediately following § 180.296, reading On page 9316 of the F ederal R eg ister section who has not completed an out­ “ time on or before May 10, 1973, file of April 13, 1973, there was published a patient service, unless he executes an with” , should read “ time on or before notice of proposed regulatory develop­ affidavit that he is unable to defray the June 10, 1973, file with” . ment to amend § 17.100 to permit the expense of such travel. withholding of transportation at Gov­ (2) The transportation at Govern­ ernment expense when a medical deter­ ment expense otherwise authorized by PART 180— TOLERANCES AND EXEMP­ mination has been made that the fur­ paragraphs (c) and (g) (2) of this sec­ TIONS FROM TOLERANCES FOR PES­ nishing of transportation would be coun­ tion will not be furnished when a de­ TICIDE CHEMICALS IN OR ON RAW terproductive to the medical care being termination has been made by a physi­ AGRICULTURAL COMMODITIES provided. Interested persons were given cian that it would be counterproductive Tricyclohexyltin Hydroxide 30 days in which to submit comments, to the treatment provided such patient suggestions, or objections regarding the and an entry supporting such a conclu­ A petition (PP 3F1312) was filed proposed regulation. sion, signed by such physician, is made jointly by Dow Chemical, U.S.A. P.O. No written objections have been re­ in the patient’s medical records. Box 1706, Midland, Mich. 48640, and M&T Chemicals, Inc., P.O. Box 1104, ceived and the proposed regulation is * ^ * * * * Rahway, N.J. 07065, in accordance hereby adopted without change and is set [PR Doc.73-10713 Piled 5-29-73;8:45 am] forth below. with proviisons of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a), Effective date.—This VA regulation is Title 39— Postal Service proposing establishment of a tolerance effective May 22,1973. CHAPTER I— U.S. POSTAL SERVICE for combined residues of the insecticide Approved May 22, 1973. tricyclohexyltin hydroxide and its or- MISCELLANEOUS AMENDMENTS TO ganotin metabolites (calculated as tri­ By direction of the Administrator. CHAPTER cyclohexyltin hydroxide) in or on the [ s e a l ] F red B. R h o d e s , In order to correct an error in the raw agricultural commodity citrus at 2 Deputy Administrator. sequence of subchapter designations, parts per million. (For a related docu­ Title 39 is amended, effective May 30, ment, see this issue of the F ederal 1973, as follows: R eg ist e r , page 14165). In §17.100, paragraphs (a )(2 ), (c), 1. Subchapter J—Special Regulations, Based on consideration given the data (g ), and (h ), are amended to read as which contains part 775, is redesignated submitted in the petition and other rele­ follows; as “Subchapter K —Special Regula­ vant material, it is concluded that: 1. The insecticide is useful for the pur­ § 17.100 Transportation o f claimants tions.” and beneficiaries. 2. Subchapter M—Postal Service Debt pose for which the tolerance is being Obligations, which contains parts 760 established. Transportation at Government ex­ and 761, is redesignated as “Subchapter pense will be authorized eligible claim­ 2. There is no reasonable expectation J—Postal Service Debt Obligations.” of residues in eggs or poultry, and ants and beneficiaries of the Veterans’ 3. Subchapters L and M are reserved. Administration for these purposes: § 180.6(a) (3) applies. (a) Admission. * * * (39 U.S.C. 401(2).) 3. Established tolerances for residues R oger P. C raig, (2) Hospital admission of applicants in meat and milk are adequate to cover under § 17.47 (c), (d ), or (f), for treat­ Deputy General Counsel. residues resulting from the proposed and ment of non-service-connected condi­ M a y 22, 1973. tions, provided such applicants, except established uses. The uses are in the those whose admission is arranged to [P R Doc.73-10706 Filed 5-29-73;8:45 am] category specified in § 180.6(a) (2). avoid interruption of training authorized 4. The tolerances established by this under 38 U.S.C. chapter 31, have made Title 40— Protection of Environment order will protect the public health. sworn statement upon application—VA Therefore, pursuant to provisions of Form 10-10—'that they are unable to CHAPTER I— ENVIRONMENTAL defray expense of transportation. PROTECTION AGENCY the Federal Food, Drug, and Cosmetic * * * * * SUBCHAPTER D— WATER PROGRAMS Act (sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a(d) (2 )) , the authority trans­ (c) Preparatory and posthospital PART 125— NATIONAL POLLUTANT care.—When necessary to the provision DISCHARGE ELIMINATION SYSTEM ferred to the Administrator of the En­ of medical services furnished veterans Correction vironmental Protection Agency (36 FR under § 17.60 (e) and (f), provided vet­ 15623), and the authority delegated by In FR Doc. 73-10062 appearing at page the Administrator to the Deputy erans who are eligible for hospital care 13527 of the issue of Tuesday, May 22, Assist­ under the provisions of § 17.47 (c ), (d ), 1973, In the second column on page 13532, ant Administrator for Pesticide Pro­ or (f), indicate that transportation is the section designated as “ § 125.4 Distri­ grams (36 FR 9038), § 180.144 Is

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14169 amended by revising the paragraph______"2 _ ferred to the Administrator of the En- 4. Since ammonium isobutyrate is con­ ¡ X V million * * - to read as vironmental Protection Agency (35 FR verted to, and determined as, isobutyric 15623), and the authority delegated by acid under the proposed and established I0UUW3. follows: the Administrator to the Deputy Assist­ uses (§ 180.320), it would be more appro­ 8180.144 Tricydohexyltin hydroxide; ant Administrator for Pesticide Pro­ priate to express tolerances for residues 8 tolerances for residues. grams (36 PR 9038), § 180.259 is amended of ammonium isobutyrate in terms of iso­ , * * * * by revising the paragraph “0.1 p/m butyric acid. 2 parts per million in or on apples, (negligible residue) in or on al­ Therefore, pursuant to provisions of :itrus, and pears. monds * * *” to read as follows: the Federal Pood, Drug, and Cosmetic Act (sec. 408(d)(2), 68 Stat. 512; 21 § 180.259 2 -(p-tert-Butylphenoxy) cyclo- U.S.C. 346a(d) (2) ), the authority trans­ Any person who will be adversely af­ hexyl 2-propynyl sulfite; tolerances for residues. ferred to the Administrator -of the En­ fected by the foregoing order may at vironmental Protection Agency (35 FR any time on or before June 29, 1973, 15623), and the authority delegated by with the hearing clerk, Environmen­ file the Administrator to the Deputy Assist­ tal Protection Agency, room 3902A, 4th 0.1 part per million (negligible residue) ant Administrator for Pesticide Pro­ and M Streets SW., Waterside? Mall, in or on almonds, cottonseed, and wal­ Washington, D.C. 20460, written objec­ nuts. grams (36 FR 9038), § 180.320 is revised tions thereto in quintuplicate. Objec­ Any person who will be adversely af­ to read as follows: tions shall show wherein the person fected by the foregoing order may at any § 180.320 Isobuytric acid; tolerances filing will be adversely affected by the time on or before June 29, 1973, file with for residues. order and specify with particularity the. tiie Hearing Clerk, Environmental Pro­ tection Agency, room 3902A, 4th and M Tolerances of 17,000 p/m are estab­ provisions of the order deemed objec­ lished for residues of isobutyric acid in tionable and the grounds for the objec­ Street SW., Waterside Mall, Washing­ ton, D.C. 20460, written objections there­ or on the raw agricultural commodities tions. If a hearing is requested, the alfalfa, Bermuda grass, brome grass, objections must state the issues for the to in quintuplicate. Objections shall show wherein the person filing will be adverse­ brome, clover, corn grain, fescue, lespe­ hearing. A hearing will be granted if the deza, orchard grass, and timothy from objections are supported by grounds ly affected by the order and specify with particularity the provisions of the order postharvest application of the fungicide legally sufficient to justify the relief ammonium isobutyrate. The treated raw sought. Objections may be accompanied deemed objectionable and the grounds for the objections. I f a hearing is re­ agricultural commodities are for use by a memorandum or brief in support only as animal feed. thereof. quested, the objections must state the issues for the hearing. A hearing will be Any person who will be adversely af­ Effective date.—This order shall be­ 'granted if the objections arè supported fected by the foregoing order may at any come effective on May 30, 1973. by grounds legally sufficient to justify the time on or before June 29,1973, file with (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a relief sought. Objections may be accom­ the Hearing Clerk, Environmental Pro­ (d)(2).) panied by a memorandum or brief in sup­ tection Agency, room 3902A, Fourth and port thereof. M Streets SW., Waterside Mall, Wash­ Dated May 22,1973. ington, D.C. 20460, written objections Henry J. K orp, Effective date.—This order shall be­ thereto in quintuplicate. Objections shall Deputy Assistant Administrator come effective on May 30,1973. show wherein the person filing will be for Pesticide Programs. (Sec. 408(d) (2), 68 Stat. 512; 21 U.S.C. 346a adversely affected by the order and specify with particularity the provisions [PRDoc.73-10675 Piled 5-29-73;8:45 am] (d) (2).) of the order deemed objectionable and Dated May 22,1973. the grounds for the objections. I f a hear­ PART 180— TOLERANCES AND EXEMP­ Henry J. K orp, ing is requested, the objections must TIONS FROM TOLERANCES FOR PES­ Deputy Assistant Administrator state the issues for the hearing. A hear­ TICIDE CHEMICALS IN OR ON RAW for Pesticide Programs. ing will be granted if the objections are AGRICULTURAL COMMODITIES [F R Doc.73-10680 Filed 5-29-73;8:45 am] supported by grounds legally sufficient 2-(p-tert-bu1yIphenoxy)cyclohexyl to justify the relief sought. Objections 2-propynyl sulfite may be accompanied by a memorandum PART 180— TOLERANCES AND EXEMP­ or brief in support thereof. A petition (PP 2F1288) was filed by TIONS FROM TOLERANCES FOR PEST­ Uniroyal Chemical, Division of Uniroyal ICIDE CHEMICALS IN OR ON RAW Effective date.—This order shall be­ Inc, Bethany, Conn. 06525, in accord­ AGRICULTURAL COMMODITIES come effective on May 30, 1973. ance with provisions of the Federal Isobutyric Acid (Sec. 4 0 8 (d )(2 ), 68 Stat. 512; 21 U.S.C. Pood, Drug, and Cosmetic Act (21 U.S.C. 346a(d)(2).) A petition (PP 3F1329) was filed by W. 346a), proposing establishment of a Dated May 22, 1973. tolerance for negligible residues of the R. .Grace & Co., Washington Research insecticide 2 - (p - tert - butylphenoxy) Center, Clarksville, Md. 21029, in accord­ Henry J. K orp, cyclohexyl 2-propynyl sulfite in or on ance with provisions of the Federal Food, Deputy Assistant Administrator toe raw agricultural commodity cotton­ Drug, and Cosmetic Act (21 U.S.C. 346a), for Pesticide Programs. seed at 0.1 p/m. proposing establishment of tolerances for [FR Doc.73-10679 Filed 5-29-73;8:45 am] Based on consideration given the data residues of the fungicide ammonium iso­ submitted in the petition and other rele­ butyrate in or on the raw agricultural vant material, it is concluded that: commodities alfalfa, Bermuda grass, PART 180— TOLERANCES AND EXEMP 1. The insecticide is useful for the brome grass, clover, fescue, lespedeza, TIONS FROM TOLERANCES FOR PES­ Purpose for which the tolerance is being orchard grass, and timothy at 20,000 p/m. TICIDE CHEMICALS IN OR ON RAW established. Based on consideration given data sub­ AGRICULTURAL COMMODITIES 2. The established tolerances for resi­ mitted in the petition and other relevant Subpart D— Exemptions From Tolerances dues in eggs, meat, milk, and poultry information, it is concluded that: 1. The fungicide is useful for the pur­ Nuclear Polyhedrosis Virus of are adequate to cover any additional “Heliothis Zea” residues resulting from the proposed use. poses for which the tolerances are J Th® tolerance established by this proposed. A petition (PP 3F1304) was filed by order will protect the public health. 2. There is no reasonable expectation International Minerals & Chemical Corp., ,, ^erefore, pursuant to provisions of of residues in eggs, meat, milk, or poul­ Liberty ville, HI. 60048, in accordance ne Federal Food, Drug, and Cosmetic try and § 180.6(a) (3) applies. with provisions of the Federal Food, net (Sec. 408(d)(2), 68 Stat. 512; 21 3. The tolerances established by this Drug, and Cosmetic Act (21 U.S.C. 346a), •sc. 346a(d) (2) ), the authority trans- order will protect the public health. proposing establishment of an exemption

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—pt. I- 14170 RULES AND REGULATIONS from the requirement of a tolerance for to justify the relief sought. Objections until the hearing is scheduled be­ residues of the microbial insecticide may be accompanied by a memorandum fore withdrawing, causing considerable nuclear polyhedrosis virus of Heliothis or brief in support thereof. wasted effort. Because it would create zea in or on the raw agricultural com­ exceptional administrative burdens and modity cottonseed. Effective date.— This order shall be­ come effective on May 30, 1973. would only serve to delay matters al­ Based on consideration given the data ready in line for hearing, the Depart­ submitted in the petition and other (Seo. 4 0 8 (d)(2 ), 68 Stat. 512; 21 U.S.C. 846a(d) (2).) ment has determined that it is in the relevant material, it is concluded that: public interest to amend § 4.512 to per­ 1. The microbial insecticide is useful Dated May 23, 1973. mit withdrawal of these petitions under for the purpose for which the exemption H enry J. K orp, section 109(a) of the act, only upon the is being established. motion of or with the concurrence of 2. The exemption established by this Deputy Assistant Administrator for Pesticides Programs. the Bureau of Mines. Thus, those peti­ order will protect the public health. tions which have been or may be filed Therefore, pursuant to provisions of [PR Doc.73-10676 Filed 5-29-73;8:45 am] by the Bureau may be withdrawn only the Federal Food, Drug, and Cosmetic upon the motion of the Bureau regard­ Act (sec. 408(d)(2), 68 Stat. 512; 21 Title 43— Public Lands: Interior less of an operator’s request for hearing U.S.C. 346a(d) (2) ), the authority trans­ and those filed by operators only upon ferred to the Administrator of the Envi­ SUBTITLE A— OFFICE OF THE SECRETARY OF THE INTERIOR Bureau concurrence. This policy will re­ ronmental Protection Agency (35 FR main in effect so long as part 100 of 15623), and the authority delegated by PART 4— DEPARTMENT HEARINGS AND title 30 remains suspended. the Administrator to the Deputy Assist­ APPEALS PROCEDURES In consideration of the above, § 4.512 ant Administrator for Pesticide Pro­ Subpart F— Special Rules Applicable to of part 4, title 43 is hereby amended by grams (35 FR 9038), part 180, subpart D, Mine Health and Safety Hearings and inserting the words “ (a) Except as pro­ is amended by adding a new section as Appeals vided in paragraph b” at the beginning follows: W ithdrawal op P leading of the existing regulation, redesignating § 180.1027 Nuclear polyhedrosis virus the existing regulation as paragraph (a), o f Heliothis zea; exemption from the On March 15, 1973, the U.S. District and adding a paragraph (b) to read as requirement of a tolerance. Court for the District of Columbia issued set forth below. (a) For the purposes of this section, an order declaring Bureau of Mines pro­ As amended,1^ 4.512 reads as follows: cedures for assessing civil penalties un­ the viral insecticide must be produced § 4.512 Withdrawal of pleading. with an unaltered and unadulterated lawful. While the Department seeks to inoculum of Heliothis zea nuclear poly­ appeal this decision, it has suspended (a) Except as provided in paragraph hedrosis virus. The integrity of the seed part 100 of title 30, Code of Federal Reg-« (b) of this section, a party may with­ virus must be assured by periodic checks. ulations and issued new procedures in draw a pleading at any stage of a pro­ (b) Each lot of active ingredient of part 4 of title 43 (38 FR 1085-1087, pub­ ceeding without prejudice. lished on Apr. 24,1973). the viral insecticide shall have the fol­ Ob) A petition for civil penalty assess­ lowing specifications: Prior to the new procedures, hearings ment filed by the Bureau under section (1) The level of extraneous bacterial were initiated by private parties. Under 109(a) of the act may be withdrawn only contamination of the final unformulated the regulations in effect from September upon the motion of Bureau or in the case viral insecticide will not exceed 107 1,1971, to June 15,1972 (appearing at 36 of an operator-filed petition for hearing colonies per gram as determined by an FR 17337-17343), an operator or miner and formal adjudication with the Bu­ aerobic plate count on trypticase soy requested a hearing and upon that re­ reau’s concurrence. agar. quest the Bureau filed a petition for assessment of civil penalty. After June (Sec. 508 of Public Law 91-173; 83 Stat. 742; (2) Pathogens, e.g., Salmonella, Shi­ 30 U.S.C. 957.) gella, or Vibrio must be absent. 15, 1972, until April 24, 1973 (appearing (3) Safety to mice as determined by at 37 FR 11461 published June 8, 1972), It is the policy of the Department of standardized intraperitoneal injections the operator or miner charged filed the Interior, whenever practicable, to and a standardized 21-day feeding study his petition for hearing and formal afford the public an opportunity to par­ must be demonstrated. adjudication. ticipate in the rulemaking process. How­ (4) Integrity of the viral product as Section 4.512 of the procedural rules ever, because this amendment is proce­ determined by the most sensitive and applicable to hearings under the Federal Coal Mine Health and Safety Act per­ dural in nature and designed only to standardized serological test must be eliminate duplicate efforts and unneces­ demonstrated. mits a party to withdraw a pleading at sary delay, further notice and comments (c) Exemption from the requirement any time. The Board of Mine Operations of a tolerance is established for residues Appeals decision in Jewell Ridge Coal under 5 U.S.C. 553 are impracticable, of the microbial insecticide nuclear Corp., 1 IBMA 170 (Aug. 14, 1972), in­ and good cause exists for making the polyhedrosis virus of Heliothis zea, as dicated that where an operator desires procedural amendment effective in less specified in paragraphs (a) and (b) of to withdraw his request, the Bureau’s petition to assess civil penalties may than 30 days. Accordingly, this amend­ this section, in or on the raw agricultural ment shall become effective on May 30, commodity cottonseed. properly be dismissed. Under the proce­ dures then in effect, the case would be 1973. Any person who will be adversely af­ remanded to the Assessment Office to Dated May 24,1973. fected by the foregoing order may at any reinstate the proposed order of assess­ time on or before June 29, 1973, file with ment as the final order of the Secretary J o h n C. W hitaker, the Hearing Clerk, Environmental Pro­ in both of these instances. Acting Secretary of the Interior. tection Agency, room 3902A, Fourth and However, with the suspension of Bu­ [P R Doc.73-10851 Filed 5-29-73;8:45 am] M Streets SW., Waterside Mall, Wash­ reau of Mines procedures in part 100, ington, D.C. 20460, written objections the Assessment Office no longer has au­ Title 45— Public Welfare thereto in quintuplicate. Objections shall thority to dispose of these cases. More­ show wherein the person filing will be over, under the new procedures all civil CHAPTER X— OFFICE OF ECONOMIC adversely affected by the order and penalty assessments, rather than only OPPORTUNITY specify with particularity the provisions those which request hearing, are filed PART 1061— CHARACTER AND SCOPE of the order deemed objectionable and with the Office of Hearings and Appeals. OF SPECIFIC COMMUNITY ACTION the grounds for the objections. If a hear­ PROGRAMS ing is requested, the objections must Thus, any civil penalty cases which state the issues for the hearing. A hear­ would be withdrawn would only haVe Subpart— Group Representation ing will be granted if the objections are to be refiled bj* the Bureau. Moreover, Chapter X, part 1061 of title 45 of the supported by grounds legally sufficient under existing § 4.512 parties could wait Code of Federal Regulations is amended

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULÉS AND REGULATIONS 14171 by adding five new sections, reading as N ote.— The burden of establishing eligibil­ Economic Opportunity Act, as amended, ity rests with the group seeking representa­ if the assistance is administered by OEO. follows: tion. Procedures, type of evidence required, etc., will be determined by the project’s board § 1061.7—2 Purpose. 106li6-l Applicability. of directors. The fact that a group pays any To establish requirements for the 1061.6- 2 References. v staff members will create a presumption that maintenance of attorney logs and record 1061.6- 3 Purpose. the group can hire its own attorney. of authorized leave. 1061.6- 4 Definitions. (3) A majority of members of the group 106L6-5 Policy. seeking assistance reside in the area § 1061.7-3 Policy. Authority: Secs. 222, 602, 78 Stat. 528, 81 served by the legal services project pro­ Every legal services project attorney Stat. 698; 42 U.S.C. 2809, 2942. viding the assistance. shall be required to maintain a log of § 1061.6-1 Applicability. (4) The group is either (i) a religious, his working activities and of all leave All programs affording legal assistance charitable, scientific, or educational taken. Every legal services project shall which are funded under title n of the organization as defined in section 501 provide each attorney with a stand­ Economic Opportunity Act, as, amended, (c )(3 ) of the Internal Revenue Code, ardized form which shall be set up on a if assistance is administered by OEO. in which case it must be able to meet day to day basis (including Saturdays and Sundays) and which shall be broken § 1061.6-2 References. the organizational and operational tests for tax exempt status contained in the down into sections designated “ morn­ Economic Opportunity Act of 1964, as Code, or (ii) a group whose sole purpose ing,” “ afternoon,” and “ evening.” The amended, section 222(a)(3), OEO In­ is economic development (see OEO In ­ following information shall be entered by struction 6140—4, 6140—02, and 6803—5, struction 6140-4) or (iii) a group which each attorney in his log on a daily basis: and the Law Office Administrative Man­ fits into neither of the categories de­ (a) Day and date. ual of the Office of Legal Services, pub­ scribed in paragraph (a) (4) (i) and (ii) (b) A notation for all work activities lished by the National Clearinghouse for of this section but which does not engage for each section of the day showing the Legal Services. in lobbying or political activities. matter worked on and the approximate time spent. § 1061.6-3 Purpose. (5) The activity for which the group seeks legal representation does not fall (c) A notation of the type of leave The purpose of this instruction is to into any of the following categories: taken for each section of the day (such outline the conditions under which legal Political action, lobbying, violent or dis­ as, annual, administrative, compensa­ services attorneys may serve a group of orderly protests or demonstrations, civil tory, leave without p ay). indigent persons as a group distinguished disobedience, or other unlawful or im­ It shall not be necessary to break down from the individuals comprising it. Those proper conduct. portions of OEO Instruction 6140-02 (p. work activities but only to indicate in (b) House counsel.—The practice of general the area of work done. It shall 21, guidelines for legal services programs) permitting legal services attorneys to be and of the Office of Legal Services Law used by various groups on a continuing not be necessary, in recording leave rec­ Office Administrative Manual (section basis as general counsel or “house ords, to note the specific purpose for the 5201c) which deal with group represen­ counsel” is prohibited. Assistance to eligi­ leave beyond its general classification. tation are hereby rescinded, as are all ble groups will be furnished only on an All records and logs shall be maintained parallel statements on group representa­ ad hoc basis and will be addressed to on file by each project for a minimum tion found in grant conditions, policy specific grievances. memoranda, evaluation handbooks, etc. period of 2 years. (c) Group organizing.—-Legal assist­ § 1061.6-4 Definitions. ance furnished to groups will not include § J061.7-4 Forms Supply. For the purpose of this instruction, assistance in organizing groups except as OEO form 463 may be obtained from group representation is defined as legal specified in OEO Instruction 6140-4. the OEO Distribution Center. counseling, education and advocacy in­ (d) Other assistance.—Project funds, This subpart shall become effective cluding litigation, provided by Legal supplies, equipment, space, or staff per­ June 29, 1973. sonnel shall not be made available to or Services line attorneys and backup attor­ H o w a r d P h i l l i p s , neys to any association, organization, co­ be utilized by any groups ineligible for Acting Director. operative, or group, incorporated or un­ legal services. incorporated, profit or nonprofit. Group [PR Doc.73-10813 Piled 5-29-73;8:45 am] representation is not synonymous with 'This subpart shall become effective on June 29, 1973. class action litigation. Class actions will PART 1061— CHARACTER AND SCOPE be treated in a separate instruction. H o w a r d P h i l l i p s , Acting Director. OF SPECIFIC COMMUNITY ACTION § 1061.6-5 Policy. PROGRAMS [PR Doc.73—10814 Piled 5-29-73;8:45 am] (a) Eligibility requirements.—Legal Subpart— Qualifications of Legal Services services projects or programs funded in Attorneys whole or in part by OEO grants may PART 1061— CHARACTER AND SCOPE Chapter X, part 1061 of title 45 of the furnish legal representation to groups OF SPECIFIC COMMUNITY ACTION Code of Federal Regulations is amended PROGRAMS provided: by adding 3 new sections, reading as (1) All the individual members of the Subpart-— Maintenance of Attorneys Logs follows: and Record of Authorized Leave group or organization meet the standards Sec. of income eligibility established for indi­ Chapter X, part 1061 of title 45 of the 1061.8- 1 Applicability. viduals receiving assistance from the Code of Federal Regulations is amended 1061.8- 2 Purpose. legal services project in question. by adding new sections, reading as 1061.8- 3 Policy. Note.—Such eligibility will be determined follows: A u t h o r it y .— Secs. 222, 602, 78 Stat. 528, 81 w the manner in which it is determined for Sec. Stat. 698; 42 U.S.C. 2809, 2942. an individual who seeks assistance as an 1061.7- 1 AppUcability. individual rather than as a member of a § 1061.8—1 Applicability. group. 1061.7- 2 Purpose. 1061.7- 3 Policy. All programs affording legal assistance (2) The group as an entity lacks re­ 1061.7- 4 Forms supply. which are funded under title n of the sources or assets or expected income to A u t h o r it y : Secs. 222, 602, 78 Stat. 528 81 Economic Opportunity Act as amended, Pay for representation by a private law­ Stat. 698; 42 U.S.C. 2809, 2942. if assistance is administered by OEO. yer, and cannot practicably raise from § 1061.8—2 Purpose. ^°n g its members, by contributions or § 1061.7—1 Applicability. tnerwise, funds sufficient to defray the All programs affording legal assistance To establish minimum qualifications costs of representation. which are funded under title n of the for legal service attorneys.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14172 RULES AND REGULATIONS

§ 1061.8—3 Policy. Section 1069.6-2(a) (5) is effective on any party may receive daily delivery (a) The attorneys engaged in the legal April 13,1973. service at the actual cost of duplication services program must be admitted to 6. The effective date statement of the (3) Where the Commission does not practice in the State in which they are amendment to § 1069.3, published request daily copy service, any party re­ employed. They are encouraged to be­ March 16, 1973 (38 FR 7117), is revised questing such service must bear the in­ come members of the State and local bar as follows: cremental cost of transcription above the associations of the State and local com­ Effective date.—The sections of this regular copy transcription cost borne by munity in which they are employed. The subpart are effective on April 15, 1973. the Commission, in addition to the actual Office of Legal Services views State and 7. The effective date statement of cost of duplication; except that where the local bar membership as very important § 1070.4 is revised as follows: party applies for and properly shows that since contact between lawyers working Effective date.— This subpart shall be­ the furnishing of daily copy is indispen- in the same community is considered an come effective April 27, 1973. sible to the protection of a vital right or essential element of eifective representa­ interest in achieving a fair hearing, the tion of persons residing in that com­ J. A l a n M acK a y , presiding officer in the proceeding in munity. Acting General Counsel. which the application is made shall order (b) OEO has not established national [FR Doc.73-10815 Filed 5-29-73;8:45 am] that daily copy service be provided the salary standards for attorneys? However, applying party at the actual cost of salaries should be competitive for the Title 46— Shipping duplication, with the full cost of tran­ level of experience of other attorneys in scription being borne by the Commission. the community. To this end, salaries CHAPTER IV— FEDERAL MARITIME In the event a request for daily copy is COMMISSION earned by private attorneys and salaries denied by the presiding officer, the re­ of the county attorney, city attorney, dis­ PART 530— INTERPRETATIONS AND questing party, in order to obtain daily trict attorney, or States attorney may be STATEMENTS OF POLICY copy, must pay the cost of transcription used as guidelines and as representative Agency Proceeding over and above that borne by the Com­ of the local salary structure for attorneys mission; i.e. the incremental cost be­ of comparable experience. Pursuant to section 43 of the Shipping tween that paid by the Commission when Act, 1916 (46 U.S.C. 841a) and section 4 (c) A legal services attorney on a full­ it requests regular copy and when it re­ of the Administrative Procedure Act as time salaried basis shall not maintain an quests daily copy. The decision of the codified in 5. U.S.C. 553, part 530 of 46 outside practice of any kind, nor shall he presiding officer in this situation is inter­ CFR is hereby amended by adding a new preted as falling within the scope of the be associated for the practice of law in interpretive rule reading as follows: any way with an attorney engaged in the functions and powers of the presiding private practice of law. § 530.8 Interpretation of section 11 o f officer, as defined in rule 10(g), rules of Effective date.—This subpart shall be­ the Federal Advisory Committee Act, practice and procedure (46 CFR 502.147 come effective June 29,1973. ' Public Law 92—463. (a )).

H o w a r d P h il l ip s , (a) Section 11 of the Federal Advisory By the Commission. Committee Act provides: Acting Director. [ s e a l ] F r a n c is C. H u r ney, [FR Doc.73-10812 Filed 5-29-73;8:45 am] (a) Except where prohibited by contrac­ Secretary. tual agreements entered into prior to the effective date of this Act, agencies and ad­ [FR Doc.73-10724 Filed 5-29-73;8:45 am] PART 1067— FUNDING OF COMMUNITY visory committees shall make available to ACTION PROGRAMS any person, at actual cost of duplication, Title 5— Administrative Personnel copies of transcripts of agency proceedings PART 1069— COMMUNITY ACTION PRO­ or advisory committee meetings. CHAPTER I— CIVIL SERVICE COMMISSION GRAM GRANTEE PERSONNEL MANAGE­ (b ) As used in this section, “agency pro­ PART 213— EXCEPTED SERVICE MENT ceeding” means any proceeding as defined Department of Commerce Miscellaneous Amendments in * * * (5 U.S.C. 551(12), the Administra­ tive Procedure A c t). Section 213.3314 is amended to show Chapter X of title 45 of the Code of that one position of Confidential Assis­ Federal Regulations is amended as (b) The Office of Management and follows: Budget has interpreted this provision as tant to the Administrator, Social and Economic Statistics Administration, is 1. The following sections are revoked: being applicable to proceedings before excepted under schedule C. This section (a) Section 1067.4, Grant Processing the Commission and its Administrative is further amended to show that until Instructions during OEO Phaseout Law Judges. (Guidelines, 38 FR 12851, May 16,1973.) December 31, 1975, one position of Con­ Period, published March 14, 1973. fidential Assistant to the Director, (b) Section 1067.5, Additional Fund­ (c) The Commission interprets section ing Instructions, published March 14, 11 and the OMB guidelines as follows: Bureau of the Census, is excepted under 1973. (1) Future contracts between the schedule C. (c) Section 1067.6, Funding Periods Commission and the successfully bidding Effective on May 30, 1973, paragraphs recording firm will provide that any for Grant Actions, published March 14, (d) (6) and (t) are added under 1973. party to a Commission proceeding or other interested person (hereinafter in­ § 213.3314 as set out below. (d) Section 1067.6, Final Regional cluded within the meaning of “party” ) , §213.3314 Department of Commerce. Grant Processing Instructions during the shall be able to obtain a copy of the * * * * * OEO Phaseout Period, published April 16, transcript of the proceeding in which it 1973. is involved at the actual cost of duplica­ (d) Bureau of the Census. * * * 2. The effective date statement of tion of the original transcript, which (6) Until December 31,1975, one Con­ § 1061.4 is revised as follows: includes a reasonable amount for over­ fidential Assistant to the Director. Effective date.—This section shall be­ head and profit, except where it requests ***** come effective May 2, 1973. delivery of copies in a shorter period of (t) Social and Economic Statistics 3. The second sentence of § 1068.7-4 of time than is required for delivery by the Administration.— (1) One Confidential § 1068.7 is revised as follows: Commission. Assistant to the Administrator. This section shall become effective on (2) Beginning July 1, 1973, the Com­ April 27,1973. (5 U.S.C. secs. 3301, 3302, Executive Order mission will bear the full expense of 10577; 3 CFR 1954-58 Comp. p. 218.) 4. Section 1069.5, Policy Guidance on transcribing all of its administrative pro­ Lobbying Activities, published March 14, U nited States Civil Serv­ ceedings where it requests regular de­ 1973 (38 FR 6896), is redesignated as ice Commission, § 1069.6. livery service (as set forth in the Con­ [ seal] James C. Spry, 5. The first sentence of redesignated tract) . In cases where the Commission Executive Assistant to § 1069.6-3 of § 1069.6 is revised as requests daily delivery of transcript the Commissioners. follows: copies (as set forth in the Contract), [FR Doc.73-10735 Filed 5-29-73;8:45 am]

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14173

pART 213— EXCEPTED SERVICE (11) Associate Director for Human tial Assistant to the Attorney General is and Community Affairs. excepted under schedule C. Executive Office of the President (12) Associate Director for Economics Effective on May 30, 1973, § 213.3310 Section 213.3303 is amended to show and Government. (a) (4) is amended as set out below. that the positions of Associate Director (13) Associate Director for Natural for National Security and International Resourcs, Energy and Science. § 213.3310 Department o f Justice. Affairs; Associate Director for Human (5 U.S.O. 3301, 3302, Executive Order 10577; (a) Office of the Attorney Gen­ and Affairs; Associate Direc­ C om m unity 3 CFR 1954-58 Comp., p. 218.) eral. * * * tor for Economics and Government; As­ sociate Director for Natural Resources, U nited States Civil Ser­ (4) Two Confidential Assistants to the Energy an d Science are excepted under vice Commission, Attorney General. vhedule C« [ seal] James C. Spry, * * * * * Effective on May 30, 1973, § 213.3303 Executive Assistant to (a) (10) through (a) (13) are added as the Commissioners. (5 U.S.C. secs. 3301, 3302; Executive Order 10577, 3 CFR 1954-58 comp. p. 218.) set out below. [FR Doc.73-10818 Filed 5-29-73;8:45 am] § 213.3303 Executive Office of the U nited States Civil Serv­ ice Commission, President. PART 213— EXCEPTED SERVICE [ seal] James C. S pry, (a) Office of Management and Department of Justice Executive Assistant Budget. * * * to the Commissioners. (10) Associate Director for National Section' 213.3310 is amended to show Security and International Affairs. that one additional position of Confiden­ [FR Doc.73-10876 Filed 5-29-73; 10:43 am ]

FEDERAL REGISTER, VOL. 3 8 , N O . 1 0 3 — WEDNESDAY, M A Y 3 0 , 1973 14174 ______Proposed Rules ______

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

DEPARTMENT OF HEALTH, food. Considering the phrase “ ______should be corrected to read “If such ob­ EDUCATION, AND WELFARE club cheese” is permissable under the jections are filed, the determination is standard and that there is no apparent stayed pending a hearing to be held Food and Drug Administration logical or factual reason to deny the use within 5 working days after the filing of [ 21 CFR Part 19 ] of the phrase ______cold-pack objections on the issues involved unless cheese,” it is therefore appropriate to COLD-PACK CHEESE the Commissioner determines that in­ provide for its use in the standard as it sufficient grounds are provided for such Proposed Labeling Provisions of Standard would assist in readily identifying the a hearing.” of Identity variety of cheese used to produce the Dated May 23,1973. Notice is given that a petition has been cold-pack cheese. —■ filed by the American Blue Cheese Asso­ Since there has been no request to de­ S am D. F in e , ciation , Inc., 110 North Franklin Street, lete the presently provided names Associate Commissioner Chicago, HI. 60606, proposing amendment “ ------club cheese” and “ Com­ for Compliance. to the standard of identity for cold-pack minuted ------cheese,” the Com- [FR Doc.73-10629 Filed 5-29-73;8:45 am] cheese <21 CFR 19.785). The proposed missionér of Food and Drugs proposes on amendment would provide for a change his own initiative that these alternative in the labeling provisions of the standard names be deleted. This will provide for [ 21 CFR Part 121 ] to specify the ways in which the name of use of uniform terminology, in the in­ terests of consumers. GENERALLY RECOGNIZED AS SAFE the food may appear on the label. (GRAS) SUBSTANCES NO LONGER IN Grounds set forth by the petitioner in Therefore, pursuant to provisions of USE support of the proposal are as follows: the Federal Food, Drug, and Cosmetic (1) The current standard of identity Act (secs. 401, 701, 52 Stat. 1046, 1055 as Proposal for Removal From GRAS Ust § 19.785 states in paragraph (d) (1) that amended by 70 Stat. 919 and 72 Stat. Correction the name of a cold-pack cheese for which 948; 21 U.S.C. 341, 371) and in accord­ a definition and standard of identity is ance with the authority delegated to the In FR Doc. 73-7157 appearing on page prescribed by this section is “ Cold-pack Commissioner (21 CFR 2.120), it is pro­ 9310 in the issue of Friday, April 13,1973, ------cheese” or “ ______posed that § 19.785 be amended by re­ in the list of substances in the sixth club cheese” or “ Comminuted______vising the section heading and para­ paragraph of the document, the fifth cheese,” the blanks being filled in with graph (d) (1) to read as follows: item in the right-hand column reading the name or names of the varieties of § 19.785 Cdld-pack cheese; label state­ “potassium bisulfate”, should read “po­ cheese used, in order of predominance ment o f optional ingredients. tassium bisulfite” . by weight. (2) An order amending this * * * * * standard was published in the July 7, 1972, F ederal R e g ist e r (37 F R 13339) (d )(1 ) The name of a cold-pack [ 21 CFR Part 121 ] \ which would require the full name of the cheese for which a definition and stand­ ard of identity is prescribed by this sec­ PRIOR-SANCTIONED POLYVINYL food to appear on the principal display CHLORIDE RESIN panel of the label in type of uniform size, tion is “ ------cold-pack cheese” style, and color, and further wherever or “Cold-pack — ------cheese,” the Notice of Proposed Rulemaking blanks being filled in with the name or any word or statement emphasizing the Correction name of any ingredient appears on the names of the varieties of cheese used, in label (other than in an ingredient state­ order of predominance by weight. In FR Doc. 73-9981 appearing on page ment as specified by the standard) so *.***# 12931 in the issue of Thursday, May 17, conspicuously as to be easily seen under Interested persons may, on or before 1973, the last line of § 121.2009(b) should customary conditions of purchase, the July 30,1973, file with the Hearing Clerk, be deleted and replaced with “D full name of the food shall immediately Department of Health, Education, and 1243-66x”. and conspicuously precede or follow such Welfare, room 6-88, 5600 Fishers Lane, word or statement in type of at least the Rockville, Md. 20852, written comments DEPARTMENT OF same size as the type used in such word (preferably in quintuplicate) regarding TRANSPORTATION or statement. (3) Due to the two above- this proposal. Comments may be accom­ mentioned items, it is the contention of National Highway Traffic Safety panied by a memorandum or brief in Administration the petitioner that the name of the va­ support thereof. Received comments riety of cheese used in cold-pack cheese may be seen in the above office during [ 4 9 CFR Part 571 ] would be buried in the name of the food, [ Docket No. 73-10; Notice 2 ] become less informative to the consumer, working hours, Monday through Friday. and certain of the above-prescribed ap­ Dated May 18,1973. VEHICLE ROLLOVER RESISTANCE plications would be redundant. V ir g il O . W o d ic k a , Passenger Vehicles, Multipurpose Passen­ Furthermore, of the three name op­ Director, Bureau of Foods. ger Vehicles, Trucks, and Buses tions now provided for in the standard, [FR Doc.73-10636 Filed 5-29-73; 8:45 am] The purpose of this notice is to supple­ two of them ______club cheese” ment the “Advance Notice of Proposed and “ Comminuted ______cheese,” Rulemaking on Rollover Resistance, have never been used to any great extent [ 21 CFR Part 90 ] published on April 18, 1973 (docket No. and currently are considered by the EMERGENCY PERMIT CONTROL American Blue Cheese Association as 73-10, notice 1, 38 FR 9598), with respect being inappropriate for use in marketing Proposed Definitions and Procedures; to its intended applicability, which was their cold-pack product made from blue Correction not clearly stated in that notice. cheese. The proposed amendment would In FR Doc. 73-9424 appearing at page The standard as presently projected allow use of the phrase “ ______12720 in the issue of Monday, May 14, may apply to passenger cars, multipur­ cold-pack cheese” as a name for this 1973, in § 90.3(a) (1), the second sentence pose passenger vehicles, trucks, an

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 PROPOSED RULES 14175 buses and comments are requested with by the Pood and Drug Administration. Malagasy Republic- This interim toler­ respect to all of these vehicle types. Based on consideration given the data ance expires 6 months after the date of submitted in the petition and other rele­ establishment. iSecs 103, 119, Public Law 89-563, 80 Stat. 718 15 U.S.C. 1392, 1407; delegation of au­ vant material, is is concluded that: Any person who has registered or sub­ thority at 38 PR 12147.) 1. The proposed interim tolerance is mitted an application for the registration safe and will protect the public health. of an economic poison under the Federal Issued on May 22,1973. 2. The interim tolerance should be ap­ Insecticide, Fungicide, and Rodenticide J a m e s E . W il s o n , plicable only to lima beans imported Act containing any of the ingredients Associate Administrator, from the Malagasy Republic and should listed herein may request, on or before Traffic Safety Programs. expire 6 months from the date of June 29, 1973, that this proposal be re­ ferred to an advisory committee in ac­ [PRDoc.73-10739 Piled 5-29-73;8:45 am ] establishment. Therefore, pursuant to provisions of cordance with section 408(e) of the act. the Federal Food, Drug, and Cosmetic Interested persons may, on or before ' environmental p r o t e c t io n Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. June 29,1973, file with the Hearing Clerk, AGENCY 346a(e>), the authority transferred to Environmental Protection Agency, room 3902-A, Fourth and M Streets SW., [ 40 CFR Part 1 8 0 ] the Administrator of the Environmental Protection Agency (35 FR 15623), and Waterside Mall, Washington, D.C. 20460, BENZENE HEXACHLORIDE the authority delegated by the Adminis­ written comments (preferably in quintu­ Proposed Interim Tolerance trator to the Deputy Assistant Adminis­ p le ate) regarding this proposal. Com­ trator for Pesticide Programs (36 FR ments may be accompanied by a memo­ Klein Bros., Inc., 1305 West Fremont 9038), it is proposed that part 180 be randum or brief in support thereof. All Street, Stockton, Calif. 95201, submitted written submissions made pursuant to a petition (PP 3F1374) proposing estab­ amended by adding the following new section to subpart C: this proposal will be made available for lishment of an interim tolerance of 1 p/m public inspection at the Office of the for residues of the insecticide BHC § 180.319a B H C ; interim tolerance for Hearing Clerk. (benzene hexachloride) in or on dried residues. Dated May 22, 1973. lima beans from postharvest application An intermin tolerance of 1 part per in the Malagasy Republic. million is established for residues of the H e n r y J. K o r p, The tolerance is requested specifically insecticide BHC (benzene hexachloride) Deputy Assistant Administrator to cover residues of BHC in or on im­ in or on the raw agricultural commodity for Pesticide Programs. ported dried lima beans being detained dried lima beans imported from the [F R Doc.73-10677 Filed 5-29-73;8:45 am ]

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14176 Notices

This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that arft 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 THE TREASURY Long Island Sound, a distance of ap­ communications in the hearing record proximately 7.5 miles. The channel will is June 21, 1973. Bureau of Customs be deepened from an existing depth of Dated May 24, 1973. [T.D. 73-145] 33 feet to 36 feet with a 1-foot allowance for overdredge. In addition, the ap­ K. A. K onopisos, CERTAIN WOODEN FISH BOXES AND Captain, JAGC, U.S. Navy, BARRELS proaches to the State pier and the Naval Underwater System Center, both at New Acting Judge Advocate General. Instruments of International Traffic London, will be widened and dredged to [FR Doc.73-10742 Filed 5-29-73;8:45 am] M a y 21, 1973. a depth of 38 feet with a 1-foot allowance It has been established to the satis­ for overdredge. The dredge spoil is esti­ DEPARTMENT OF JUSTICE faction of v the Bureau of Customs that mated at 2.7 million yd8 and is proposed to be disposed of in the Providence, Bureau of Narcotics and Dangerous Drugs wooden boxes, 24 inches by 17 inches by [Docket No. 73-8] 6 inches, and wooden barrels, 32 inches in Rhode Island, dump site. diameter at the top, 34 inches in diam­ W here Copies of the Draft Environmental J.P. WHOLESALE DRUG CO., INC. eter at the base, and having a circum­ I mpact Statement Can Be Obtained Notice of Hearing ference of 111 inches around the middle, Northern Division, Naval Facilities Engi­ used for the transportation of fish, are neering Command, Naval Base, Philadelphia, Notice is hereby given that on April 6, substantial, suitable for and capable of Pa. 19112, attention: Code 09BE 1973, the Bureau of Narcotics and Dan­ gerous Drugs, Department of Justice, is­ repeated use, and are used in significant Cost of copies.— Eight dollars. Stock is numbers in international traffic. sued to J.P. Wholesale Drug Co., Inc., limited. Make checks payable to the Treas­ Westwego, La., an order to Under the authority of § 10.41a(a) (1), urer of the United States. show cause Customs regulations, I hereby designate as to why the Bureau of Narcotics and L ocation of Local Copies Available for Dangerous Drugs should not deny the the above-described wooden boxes and Public Reference applications for registration under barrels and similar boxes and barrels of the Public Library of Groton, Fort Hill Road, Controlled Substances Act of 1970, of the approximately the same size as “instru­ Groton, Conn. 06340; Public Library of New respondent, as a manufacturer ments of international traffic” within the executed London, 63 Huntington Street, New London, on October 4, 1972, and as a distributor, meaning of section 322(a), Tariff Act of Conn. 06320; Stonington Library, Wada- executed on March 27, 1973, pursuant to 1930, as amended. These articles may be wanuck Square, Stonington, Conn. 06340; section 303 of the Controlled released under the procedures provided Waterford Public Library, 49 Rope Ferry Substances for in 10.41a, Customs regulations. Road, Waterford, Conn. 06320; Palmer Li­ Act (21 U.S.C. 823). brary, Connecticut College, New London, Thirty days having elapsed since said [ s e a l ] G. R. D ic k e r s o n , Conn. 06320; Mitchell College Library, 437 order was received by J.P. Wholesale Acting Commissioner of Customs. Pequot Avenue, New London, Conn. 06320; Drug Co., Inc., and written request for a University Library, University of Connecti­ [FR Doc.73-10684 Filed 5-29-73;8:45 am] hearing having been filed with the Di­ cut, Southeastern Branch, Avery Point, rector of the Bureau of Narcotics and Groton, Conn. 06340; Ottis library, 261 Main Dangerous Drugs, notice is hereby given DEPARTMENT OF DEFENSE Street, Norwich, Conn. 06360; Westerly Pub­ lic Library, Broad Street, Westerly, R.I. that a hearing in this m atter will be held Department of the Navy 02891; Hartford Public Library, 500 Main on June 11,1973, at 10 a.m., in room 1211 Street, Hartford, Conn. 06103; Newport Pub­ of the Bureau of Narcotics and Danger­ DREDGING OF THAMES RIVER, NEW lic Library, Aquidneck Park, Newport, R.I. ous Drugs, 1405 I Street NW., Washing­ LONDON, CONN. 02840; Public Library of Providence, 150 Em­ ton, D.C. 20537. pire Street, Providence, R.I. 02904; Warwick Notice of Public Hearing and Availability Dated May 23, 1973. of Draft Environmental Impact Statement Public Library, 600 Sandy Land, Warwick, R.I. 02886; University Library, University of John E. Ingersoll, Announcement.—A public hearing will Rhode Island, Kingston, R.I. 02881; Fall Director, Bureau of be held for the purpose of soliciting com­ River Main Library, 104 North Main Street, Narcotics and Dangerous Drugs. ments from the public regarding pro­ Fall River, Mass. 02720. [FR Doc.73-10741 Filed 5-29-73;8:45 am] posed dredging by the Navy of the Name, Address, and T elephone N umber of Thames River between the U.S. Naval Government Contact [Docket No. 73-7] Submarine Base, New London, Conn., Lt. C. T. Way, CEC, USN, Northern Division, and Long Island Sound. The hearing Naval Facilities Engineering Command, U.S. PARKE-DAVIS AND CO. will be conducted by a senior naval of­ Naval Base, building 77-L, Philadelphia, Pa. Notice of Hearing ficer, and will include a presentation of 19112; telephone 215-755-4821. Notice is hereby given that on the Navy’s plan for such dredging. Time limit for oral presentations.— March 26, 1973, the Bureau of Narcotics Date, Friday, June 15,1973. The following procedures will be followed and Dangerous Drugs, Department_oi Time, 7:30 p.m .-ll :30 p.m. during the public hearing. Individual Justice, Issued to Parke-Davis and Co., Place, auditorium, Fitch Jr. High School, Teterboro, N.J., an order to show cause U.S. Route 1, Poquonnock Bridge, Groton, speakers will be limited to 5 minutes, Conn. with 10 minutes for a group spokesman. as to why the Bureau of Narcotics ana Title, Draft Environmental Impact State­ There will be no relinquishing of time Dangerous Drugs should not deny tne ment, Dredge River Channel, Naval Sub­ by one speaker to another. Written state­ application for registration under tn marine Base, New London, Conn. ments, in addition to or in lieu of oral Controlled Substances Act of 1970, oi tne respondent,. executed on February > Description.—The proposal is to presentations, will be accepted. The sub­ mission of written documentation and 1973, pursuant to section 303 of the con­ deepen and selectively widen an existing text material pertaining to the technical trolled Substances Act (21 U.S.C. w • navigation channel from the U.S. Naval aspects of the proposal is encouraged. Thirty days having elapsed since sai Submarine Base, New London, Conn., to The closing date for including written Order was received by Parke-Davis an

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14177

Co, and written request for a hearing (1) The controlled substances and/or 5. Two certificates of registration have having been filed with the Director of the other drugs which it has manufactured been issued and delivered to Bell Phar- Bureau of Narcotics and Dangerous and distributed have been deemed to be macal Corp., No. PB0096316, as a dis­ Drugs, notice is hereby given that a pre- adulterated, misbranded, or subpotent, tributor of controlled substances in hearing conference in this matter will be thereby resulting in the Food and Drug schedules n through V. held commencing at 10 a.m. on May 31, Administration, for a long period of time, 6. The Bureau will place an adminis­ 1973, in room 1211 of the Bureau of Nar­ checking each quantity of drugs manu­ trative code 6 in Bell Pharmacal’s file so cotics and Dangerous Drugs, 14051 Street factured before they were stocked or that the next two renewal certificates NW., Washington, D.C. 20537. were introduced into interstate com­ will not be automatically issued and ac­ merce, to insure such drugs were in com­ cordingly the Bureau will be reviewing Dated May 17, 1973. pliance with the requirements of the its manufacturing and distribution prac­ John E. Ingersoll, Food, Drug, and Cosmetic Act; and tices during the next 18 months. Director, Bureau of Narcotics (2) The respondent has evidenced a 7. The past record of Table Rock is and Dangerous Drugs. continuous failure to comply with the not erased by the foregoing actions and recordkeeping and security requirements will not be until Table Rock/Bell Phar- [PR Doc.73-10687 Piled 5 -2 9 -7 3 ;8:45 am] of the Drug Abuse Control Amendments macal Corp. evidences over a period of of 1965, as amended. time that it conducts its business in [Docket No. 73-3] Thereafter, Table Rock Laboratories, compliance with the Controlled Sub­ TABLE ROCK LABORATORIES, INC. Inc., on December 12, 1972, submitted a stances Act of 1970 and the implement­ notice of appearance, and requested a ing administrative regulations. Denial of Application Tor Registration prehearing conference, the latter being 8. There has been a complete revision On November 21, 1972, the Acting Di­ held on January 8, 1973, in Washington, of ownership of Table Rock Laborato­ rector of the Bureau of Narcotics and D.C., before Frederick W. Denniston, ad­ ries, Lie., which is now 96 percent owned Dangerous Drugs issued an order to show ministrative law judge. On February 26, by Bell Pharmacal Corp. The latter, Bell, cause to Table Rock Laboratories, Inc., 1973, the hearing was held in this matter, in turn is 95 percent owned by Kroger Greenville, S.C., as to why its applications at which time a stipulation was entered Co. Table Rock Laboratories owns over for registration, as a manufacturer and into between counsel for the Bureau and 93 percent of Cambridge Pharmaceutical. distributor of controlled substances, exe­ the applicant. In view of the nature of All former officials of Table Rock have cuted on October 4, 1972, should not be the stipulation, it was unnecessary for been removed except Robert Ballinger, denied for the reason that such registra­ proposed findings of fact and conclusions vice president of sales, and Thomas tion would be inconsistent with the pub­ of law to be filed pursuant to § 316.64, Sullivan, its treasurer. The president of lic interest, as evidenced by, but not lim­ Title 21, Code of Federal Regulations. Bell, Table Rock, and Cambridge is now ited to, the following: On May 8, 1973, Mr. Denniston filed Alex Kononchuk. A. The failure to establish and main­ the following stipulation and recom­ 9. The Bureau has stipulated that on tain adequate controls against the diver­ mended decision with the Bureau: any future applications for registration sion of controlled substances into other 1. Table Rock has agreed to surrender which Bell Pharmacal Corp. may file, the than legitimate medical, scientific, and registration certificate BNDD registra­ latter may answer in the negative ques­ industrial channels: tion No. PT0082759 issued July 6,1972, to tion 9(d) of the application form deal­ (1) On two separate occasions, more Table Rock Laboratories as a manufac­ ing with surrender, revocation, suspen­ than 6 million dosage units of controlled turer of controlled substances listed in sion or denial of any previous registra­ substances were stolen from the con­ schedules n through V and BNDD regis­ tion. trolled premises, many of which were tration No. PT0082773 issued to Table 10. By letter dated March 28, 1973, subsequently found in the illicit market; Rock Laboratories on July 6, 1972, as a counsel for the Bureau has advised that (2) For a long period of time, the re­ distributor of controlled substances in the Government is satisfied that the sur­ spondent manufactured, distributed, schedules III through V. The foregoing render of all the documents referred to stored and accepted a delivery of con­ two certificates are those subject to the above has been accomplished with the trolled substances at a location which renewal applications herein which are exception of two embraced in an affi­ was not registered under the Controlled being denied by this order. davit of Alex Kononchuk indicating that Substances Act of 1970; 2. In addition to the foregoing, Table those two have been misplaced or lost. (3) The respondent evidenced a con­ Rock Laboratories and/or Bell Pharma- That letter and accompanying affidavit tinuous and consistent failure to comply cal Corp. undertakes to surrender the are identified as ALJ exhibit No. 7. with the recordkeeping, the inventory, following registration certificates: Regis­ Recommended Decision and report-making requirements of man­ tration certificates issued to Cambridge ufacturers and distributors of controlled Pharmaceutical, Inc. of Greenville, S.C. H. In view of the foregoing, the pre­ substances; on July 6, 1972, No. PC0082797, as a dis­ siding officer recommends that the Di­ (4) The respondent had not established tributor of controlled substances listed in rector of the Bureau deny the renewal and maintained effective controls and schedules m through V, and certificate applications which are the subject of this procedures to guard against theft and No. PC0001672 issued May 1, 1971, as a proceeding, and that the procedures re­ diversion of controlled substances in that distributor of controlled substances listed lating to Bell Pharmacal and to which its physical and nonphysical security in schedules II I through V. respondent has stipulated, be put in controls are not in compliance with the Registration certificates issued to Mod­ force. This proceeding should be termi­ ‘minimum security standards promul­ em Pharmaceutical, Inc., on July 6,1972, nated. gated by the Bureau of Narcotics and No. PM0001660, as a manufacturer of 12. The record herein, consisting of Dangerous Drugs; and controlled substances in schedule in, and transcripts of proceedings on January 8, (5) The respondent had continuously PM0082761, as a distributor of controlled 1973, and February 26, 1973, and of ALJ manufactured, distributed, and other­ substances listed in schedule m . exhibits Nos. 1 through 7, are certified wise transferred controlled substances in 3. Table Rock has agreed to surrender to the Director pursuant to 21 CFR direct violation of the Controlled Sub­ any unused BNDD official order forms 316.65(b). stances Act, and administrative regula­ which were issued to Cambridge Pharma-, After reviewing the transcript of tes­ tions promulgated thereunder, and other ceutical, Inc., or Modern Pharmaceutical, timony of the prehearing conference and related Federal laws. Inc., under the foregoing certificates of the hearing, the exhibits introduced, and registration. , 'The respondent’s past experience the stipulation entered into between m the manufacture and distribution of 4. Table Rock, in conceding the afore­ controlled substances, and drugs con­ going, has withdrawn its request for counsel for the Government and the ap­ trolled under the Federal Food, Drug, hearing and its opposition to the denial plicant, the Director adopts the recom­ and Cosmetic Act: of its registration certificates. mended decision of the administrative

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 Ho. 103— P t. I ------5 14178 NOTICES law judge. In accordance with the pro­ ence to plans for road construction and The meeting will be open to the pub­ visions of § 316.66, title 21, Code of Fed­ environmental quality. lic. In addition to discussion of topics by eral Regulations, and in view of the na­ On July 11, commencing at 8 a.m. In board members, there will be time for ture of the applicant's past experience the Roseburg district conference room, brief statements by nonmembers. Per­ in the manufacture and distribution of 1928 Airport Road, Roseburg, Oreg., the sons wishing to make oral statements controlled substances, it is the Director’s Advisory Board will meet to elect a chair­ relating to agenda items should so ad­ opinion that to permit Table Rock Lab­ man and vice chairman for the term end­ vise the chairman or cochairman prior oratories, Inc., to continue doing busi­ ing March 31, 1974, to consider the fol­ to the meeting, to aid in scheduling the ness with controlled substances would lowing topics, and then advise the Bureau time available. Any person may file a not be consistent with the public health of Land Management about them: rec­ written statement about any item on the and safety. ; reation management, law enforcement, agenda for consideration by the Board Therefore, under the authority vested reorganization of western Oregon BLM by sending it to the chairman, in care of in the Attorney General by section 304 of districts, SBA-BLM timber set-aside pro­ the cochairman: Oregon State Director, the Comprehensive Drug Abuse Preven­ cedures, automated resource information Bureau of Land Management, P.O. Box tion and Control Act of 1970 <21 U.S.C. systems, road management, and advisory 2965, Portland, Oreg. 97208. 824) and redelegated to the Director, board procedures. The tour and meeting will be open to Archie D. Craft, Bureau of Narcotics and Dangerous State Director, Oregon. Drugs by § 0.100, as amended, Title 28, the public, although persons wishing to Code of Federal Regulations, the Direc­ accompany the tour must provide their May 21, 1973. tor hereby orders that the applications own transportation. During the meeting [P R Doc.73-10714 Filed 5-29-73;8:45 am] for registration of Table Rock Labora­ there will be time for brief statements by tories, Inc. (both of which were executed persons who are not members of the on October 4, 1972), as a manufacturer Board. Persons wishing to make oral DEPARTMENT OF COMMERCE and distributor of controlled substances statements on agenda topics should so MARITIME ADMINISTRATION advise the chairman or cochairman prior listed in schedules II, in, IV, and V, be [Docket No. S-353] denied, effective on May 30,1973. to the meeting, to aid in scheduling the time available. Any interested person OVERSEAS BULKTANK CORP. AND Dated May 21,1973. may file a written statement for con­ PACIFIC TANKERS, INC. sideration by the Board by sending it to John E. Ingersoll, Notice of Multiple Applications Director, Bureau of Narcotics the chairman, in care of the cochairman: and Dangerous Drugs. Oregon State Director, Bureau of Land Notice is hereby given that Overseas Management, U.S. Department of the Bulktank Corp. has applied for operat­ [PR Doc.73-10688 Piled 5-29-73;8:45 am] Interior, P.O. Box 2965, Portland, Oreg. ing-differential subsidy under title VI 97208. of the Merchant Marine Act, 1936, as Law Enforcement Assistance Archie D, Craft, amended (the A c t), on one new tanker of Administration State Director, Oregon. approximately 120,000 deadweight tons now under construction by Bethlehem May 21, 1973. ALARM COMMITTEE Steel Corp.; and Pacific Tankers, Inc., Notice of Meeting [P R Doc.73-10715 Piled 5-29-73;8:45 am] has applied for operating-differential subsidy under title V I of the Act on four Notice is hereby given that the Alarm new tankers of approximately 89,700 Committee of the Private Security Ad­ OREGON STATE MULTIPLE USE ADVISORY deadweight tons each to be constructed visory Council to the Law Enforcement BOARD by National Steel and Shipbuilding Co. Assistance Administration will meet on Notice of Meeting All of these tankers are to be operated Thursday, June 7, at 9 a.m. in the 13th in worldwide service in the foreign floor conference room of the Law En­ Notice is hereby given that the Oregon com­ State Multiple Use Advisory Board will merce of the United States in the car­ forcement Assistance Administration at riage of liquid bulk cargoes and 633 Indiana Avenue NW., Washington, meet on June 20 and 21, 1973, in Baker, dry bulk cargoes not subject to the cargo D.C. Oreg. On June 20, commencing at 9 a.m., prefer­ the Board will tour national resource ence statutes including 10 U.S.C. 2631, The meeting will be open to the public. 46 U.S.C. 1241, and 15 U.S.C. 616a. Any interested person may file a written lands in the southeastern part of the Bureau of Land Management’s Baker Both Overseas Bulktank Corp. and Pa­ statement with the council for its con­ cific Tankers, Inc., are subsidiaries of sideration. district, to observe and discuss manage­ ment of forage, wildlife habitat, water, Overseas Shipholding Group, Inc. Statements may be sent to or informa­ mineral, forest, and recreational re­ The foregoing applications may be in­ tion requested from Robert Macy, Law sources. spected in the Office of the Secretary, Enforcèment Assistance Administration, On June 21, commencing at 8 a.m., the Maritime Subsidy Board, Maritime Ad­ U.S. Department of Justice, 633 Indiana ministration, U.S. Department of Com­ Avenue NW., Washington, D.C. 20530. Board will meet in the conference room in the Federal building, Baker. The merce, Washington, D.C., during regular Jack A. Nadol, agenda includes morning meetings of business hours. Advisory Committee Management three committees, with recommenda­ Any person having an interest in the Officer, Office of General Counsel. tions to the Board to be made in the granting of one or both of such appli­ cations and who would contest a finding [FR Doc.73-10740 Filed 5-29-73;8:45 am] afternoon. Committees and topics are: Intergovernmental cooperation—solid by the Maritime Subsidy Board that the waste disposal, land exchanges, and law service now provided by vessels of U.S. DEPARTMENT OF THE INTERIOR enforcement; public land users and in­ registry for the worldwide carriage of Bureau of Land Management formation;—effective public involvement liquid and dry bulk cargoes, not subject to the cargo preference statutes, moving O. & C. ADVISORY BOARD in RLM resource management, with spe­ cial reference to off-road vehicles; and in the foreign commerce of the United Notice of Meeting resource and environment—criteria for States or in any particular trade in the Notice is hereby given that the O. & C. mineral leasing, permittee’s investments foreign commerce of the United States Advisory Board will meet on July 10 and in range improvements, and implemen­ is inadequate, must, on or before June 13, 11, 1973 in Roseburg, Oreg. On July 10, tation of wild horse regulations. Other 1973, notify the Board’s Secretary, in commencing at 8:30 a.m., the group will topics on the afternoon agenda are (1) writing, of his interest and of his posi­ tour national resource lands in the North Umpqua River watershed to observe and road control, standards, and mainte­ tion, and file a petition for leave to inter' discuss the management of forest and nance, and (2) trends in BLM organiza­ vene in accordance with the Boards recreational resources, with special refer­ tion, funding, and legislation. rules of practice and procedure (46 CFR

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14179

Part 201). Each such statement of inter­ panies or persons (and to own a pecuni­ In the event petitions regarding the est and petition to intervene shall state ary interest, directly or indirectly, in any relevant section 805(a) issues are re­ whether a hearing is requested under person or concern that owns, charters, or ceived from parties with standing to be section 605(c) of the Merchant Marine operates such vessels) interchangeably, heard, a hearing has been tentatively Act, 1936, as amended, and with as much in all domestic trades, including, but not scheduled for 10 a.m. on June 15, 1973, specificity as possible the facts that the limited to, the Atlantic coastwise trade, in room 4896, Department of Commerce intervenor would undertake to prove at the Gulf/Atlantic coastwise trade, the Building, 14th and E Streets NW., such hearing. Further, each such state­ Gulf/Atlantic Puerto Rican trade, the Washington, D.C. 20235. The purpose of ment shall identify the applicant or ap­ Atlantic/Gulf intercoastal trade (includ­ the hearing will be to receive evidence plicants against which the intervention ing Alaska and Hawaii) and the Pacific under section 805 (a) relative to whether is lodged. coastwise trade (including Alaska and the proposed operation (a) could result In the event that a section 605(c) Hawaii). in unfair competition to any person, firm, hearing is ordered to be held with respect The following vessels are owned by the or corporation operating exclusively in to either or both of the applications applicant and other subsidiaries of Over­ the coastwise or intercoastal services, or identified hereinabove the purpose of seas Shipholding Group: (b) would be prejudicial to the objects such hearing will be to receive evidence S h ip : and policy of the act relative to domestic relevant to whether the service already Overseas Owner trade operations. provided by vessels of U.S. registry for A n ch orage___ Globe Seaways, Inc. By order of the Maritime Subsidy Overseas Alaska- Intercontinental Bulk- the worldwide movement of liquid and Board/Maritime Administration. dry bulk cargoes in the foreign ocean- tank Corp. Overseas Alice___ Intercontinental Bulk- Dated May 24,1973. borne commerce of the United States is Overseas tand Corps. inadequate and whether in the accom­ Carrier______Intercontinental James S. Dawson, Jr., plishment of the purposes and policy of Carriers, Inc. Secretary. the act additional vessels should be Overseas Bulker- Interseas Bulk Carriers, operated. Inc. [FR Doc.73-10745 Filed 5-29-73;8:45 am) If no request for hearing and petition Oversea T ra v e le r_____ Ocean Clippers Inc. for leave to intervene is received within [Docket No. S-355] the specified time, or if the Maritime Overseas Vivian______Ocean Tankships Corp. PACIFIC TANKERS, INC. Subsidy Board determines that petitions Overseas for leave to intervene filed within the Aleutian______Ocean Transportation. Notice of Application specified time do not demonstrate suffi­ Co., Inc. Notice is hereby given that Pacific cient interest to warrant a hearing, the Overseas Ulla____ Ocean Transportation Co., Inc. Tankers, Inc., has filed an application Maritime Subsidy Board will take such dated April 24,1973, under the Merchant action as may be deemed appropriate. Overseas Arctic______Overseas Bulktank Marine Act, 1936, as amended, for oper­ Dated May 24, 1973. Corp. ating-differential subsidy on four tanker Overseas vessels to be constructed for employ­ By order of the Maritime Subsidy Valdez______Overseas Bulktank Board. ment in U.S. foreign trade. Since Pacific Corp. Tankers, Inc., is a subsidiary of Overseas James S. Dawson, Jr., Overseas Joyce__ Overseas Oil Carriers, Shipholding Group, Inc., whose subsid­ Secretary. Inc. iaries employ or may employ vessels in [PRDoc.73-10743 Filed 5-29-73;8:45 am] Overseas Progress______Overseas Oil Carriers, the domestic intercoastal or coastwise Inc. service, written permission of the Mari­ [Docket No. S-354] (ex Alpha Re­ time Administration under section 805 (a) serve) ______Sea Tankers, Inc. of the Merchant Marine Act, 1936, as OVERSEAS BULKTANK CORP. Beta Reserve____ Sea Tankers, Inc. amended, will be required by Pacific Overseas Evelyn Tankers, Inc., if its application for op­ Notice of Application (ex Gamma Reserve)______Sea Tankers, Inc. erating-differential subsidy is approved. Notice is hereby given that Overseas Applicant requests written permission, Bulktank Corp. has filed an application Interested parties may inspect the ap­ under section 805 of the act, that any dated April 24, 1973, under the Mer­ plicatimi under consideration in the O f­ holding company, subsidiary, affiliate, or chant Marine Act, 1936, as amended fice of Subsidy Administration, Maritime associate o f applicant, and any officer, for operating-differential subsidy on a Administration, room No. 4888, Depart­ director, agent, or executive of applicant tanker vessel to be employed in U.S. for­ ment of Commerce Building, 14th and E or of such holding company, subsidiary, eign trade. Since Overseas Bulktank Streets NW „ Washington, D.C. 20235. affiliate, or associate be allowed to con­ Corp. is a subsidiary of Overseas Ship­ Any person, firm, or corporation tinue to own, operate, or charter these holding Group, Inc., whose subsidiaries having interest (within the meaning of American-flag vessels or any other employ or may employ vessels in the do­ section 805(a) ) in such application and American-flag vessels subsequently mestic intercoastal or coastwise service, desiring to be heard on issues pertinent owned, acquired, chartered, or operated written permission of the Maritime Ad­ to section 805(a) or desiring to submit by the above-mentioned companies or ministration under section 805(a) of the comments or views concerning the ap­ persons (and to own a pecuniary inter­ Merchant Marine Act, 1936, as amended, plication must, by close of business on est, directly or indirectly, in any person will be required by Overseas Bulktank June 13, 1973, file same with the Mari­ or concern that owns, charters, or oper­ Prop, if its application for operating- time Subsidy Board/Martime Adminis­ ates such vessels) interchangeably, in all differential subsidy is approved. tration, in writing, in triplicate, together domestic trades, including, but not Applicant requests written permis­ with petition for leave to intervene which limited to, the Atlantic coastwise trade, sion, under section 805 of the act, that shall state clearly and concisely the flfiy holding company, subsidiary, affili- grounds of interest, and the alleged facts the Gulf/Atlantic coastwise trade, the ate. or associate of applicant, and any relied on for relief. Gulf/Atlantic Puerto Rican trade, the officer, director, agent, or executive of If no petitions for leave to intervene Atlantic/Gulf intercoastal trade (includ­ applicant or of such holding company, are received within the specified time or subsidiary affiliate, or associate be al­ ing Alaska and Hawaii) and the Pacific if it is determined that petitions filed do coastwise trade (including Alaska and lowed to continue to own, operate, or not demonstrate sufficient interest to Hawaii). charter these American-flag vessels or warrant a hearing, the Maritime Sub­ any other American-flag vessels subse­ sidy Board/Maritime Administration will The following vessels are owned by quently owned, acquired, chartered, or take such action as may be deemed ap­ subsidiaries of Overseas Shipholding operated by the above-mentioned com­ propriate. Group:

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14180 NOTICES

Ship: Owner By order of the Maritime Subsidy DEPARTMENT OF HEALTH, EDUCA- Overseas Anchor- Globe Seaways, Inc. Board/Maritime Administration. TION, AND WELFARE age. Overseas Alaska— Intercontinental Bulk- Dated May 24,1973. Food and Drug Administration tank Corp. J am e s S. D a w s o n , Jr., [D E SI5731; Docket No. FDC-D-555; NDA Overseas Alice__- Intercontinental Bulk- Secretary. tank Corp. • No. 10-750 etc.] Overseas Carrier. Intercontinental Car­ [P R Doc.73-10744 Filed 5-29-73;8:45 am] riers, Inc. CERTAIN DRUGS CONTAINING Overseas Bulker.. Interseas Bulk Carriers, PHENAGLYCODOL Inc. TANKER CONSTRUCTION PROGRAM Notice of Opportunity for Hearing Pro­ Overseas Traveler Ocean Clippers Inc. Availability of Final Environmental Impact posal To Withdraw Approval of New-Drug Overseas Vivian.. Ocean Tankships Corp. ^ Statement Applications Overseas Aleutian Ocean Transportation Co., Inc. I. Notice.—Pursuant to the provisions In a notice (DESI 5731) published in Overseas U lla____ Ocean Transportation of section 102(2) (C) of the National En­ the F ederal R eg ister of May 13, 1970 Co., Inc. vironmental Policy Act (42 U.S.C. 4332 (35 FR 7462), the Commissioner of Food Overseas Artie___ Overseas Bulktank Corp. (2) (C) and the implementing guidelines and Drugs announced his conclusions Overseas Valdez.. Overseas Bulktank of the Council on Environmental Quality, pursuant to the evaluations of reports Corp. copies of the final environmental im­ received from the National Academy of Overseas Joyce__ Overseas Oil Carriers, pact statement on the Maritime Admin­ Sciences-National Research Council, Inc. istration tanker construction-differential Drug Efficacy Study Group, on the drugs Overseas Progress Overseas Oil Carriers, subsidy program have been furnished to described below stating that the drugs • Inc. the Council on Environmental Quality were regarded as possibly effective for Overseas Rose (ex Sea Tankers, Inc. and are available to the public. the various labeled indications. The pos­ Alpha Reserve). Beta Reserve_____ Sea Tankers, Inc. II. The tanker construction pro­ sibly effective indications have been re­ Overseas Evelyn Sea Tankers, Inc. gram.—The final environmental impact classified as lacking substantial evidence (ex G a m m a statement refers to proposed and existing of effectiveness in that no new evidence Reserve). Government assistance to private indus­ of effectiveness of the drugs has been try to aid in the construction in the submitted pursuant to the notice. Interested parties may inspect the ap­ United States of modern tankers and NDA 10-750; Ultran capsules plication under consideration in the contain­ other oil carrying vessels during the dec­ ing phenaglycodol; Eli Lilly & Co., Box Office of Subsidiary Administration, ade of the 1970’s. Vessel classes included 618, Indianapolis, Ind. 48206. Maritime Administration, room No. 4888, range from 35,000 to 400,000 dwt. NDA 11-439; Ultran tablets contain­ Department of Commerce Building, 14th ITT- Availability of statement.— Copies ing phenaglycodol; Eli Lilly & Co. and E Streets NW., Washington, D.C. of the statement are available for public NDA 12-032; Darvo-Tran pulvules con­ 20235. inspection at no charge at the following taining propoxyphene hydrochloride, as­ Any person, firm or corporation having locations: pirin, and phenaglycodol; Eli Lilly & Co. interest (within the meaning of section Therefore, notice is given to the hold­ 805(a) ) in such application and desiring Maritime Administration, Office of Public Affairs, room 4889, Department of Com­ er (s) of the new-drug application (s) and to be heard on issues pertinent to sec­ merce (Building), Washington, D.C. 20230. to any other interested person that the tion 805(a) or desiring to submit com­ Maritime Administration, Eastern Regional Commissioner proposes to issue an order ments or views concerning the applica­ Office, 26 Federal Plaza, New York, N.Y. under section 505(e) of the Federal Food, tion must, by close of business on June 10007. • Drug, and Cosmetic Act (21 U.S.C. 355 14, 1973, file same with the Maritime Maritime Administration, Central Regional Office, 701 Loyola Avenue, New Orleans, La. (e ) ) withdrawing approval of the listed Subsidy Board/Maritime Administration, new-drug application (s) and all amend­ in writing, in triplicate, together with 70152. Maritime Administration, Western Regional ments and supplements thereto on the petition for leave to intervene which shall Office, 450 Golden Gate Avenue, San grounds that new information before him state clearly and concisely the grounds Francisco, Calif. 94102. with respect to the drug(s), evaluated of interest, and the alleged facts relied A limited number of copies are avail­ together with the evidence available to on for relief. him at the time of approval of the appli­ I f no petitions for leave to intervene able to the public at no charge and may be obtained by writing the Director, cation^), shows there is a lack of sub­ are received within the specified time or stantial evidence that the drug(s) will if it is determined that petitions filed do Office of Environmental Affairs, Depart­ ment of Commerce, Washington, D.C. have all the effects purported or repre­ not demonstrate sufficient interest to sented to have under the conditions of 20230. These copies will be made avail­ warrant a hearing, the Maritime Subsidy use prescribed, recommended, or sug­ Board/Maritime Administration will able on a first-in-time request basis while supplies last. gested in the labeling. take such action as may be deemed ap­ All identical, related, or similar prod­ propriate. Copies may also be purchased from ucts, not the subject of an approved new- In the event petitions regarding the either the National Technical Informa­ drug application, are covered by the new- relevant section 805(a) issues are re­ tion Service, Ordering Department, 5285 drug application (s) reviewed. See 21 ceived from parties with standing to be Port Royal Road, Springfield, Va. 22151, CFR 130.40 (37 FR 23185, 9ct. 31, 1972) . heard, a hearing has been tentatively or at the Environmental Law Institute, Any manufacturer or distributor of such scheduled for 10 a.m. on June 18, 1973, Document Service, 1346 Connecticut an identical, related, or similar product in room 4896, Department of Commerce Avenue NW., Washington, D.C. 20036 is an interested person who may in re­ Building, 14th and E Streets NW., Wash­ (approximately 500 pages, including ap­ sponse to this notice submit data and ington, D.C. 20235. The purpose of the pendixes) (NTIS order No. EIS 730725- information, request that the new-drug hearing will be to receive evidence under F) (ELR order No. 00725). application (s) not be withdrawn, request section 805(a) relative to whether the a hearing, and participate as a party in proposed operation (a) could result in Dated May 25, 1973. any hearing. Any person who wishes to unfair competition to any person, firm, By order of the Assistant Secretary of determine whether a specific product is or corporation operating exclusively in Commerce for Maritime Affairs. covered by this notice should write to the coastwise or intercoastal services, or the Food and Drug Administration, Bu­ (b) would be prejudicial to the objects R o bert J. P a t t e n , Jr., reau of Drugs, Office of Compliance (Bi>- and policy of the act relative to domestic Assistant Secretary. 300), 5600 Fishers Lane, Rockville, Md. trade operations. [FR Doc.73-10853 Filed 5-29-73;8:45 am] 20852.

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14181

In accordance with the provisions of hearing, file briefs, present evidence, wishes to determine whether a specific section 505 of the act (21 U.S.C. 355) cross-examine witnesses, submit sug­ product is covered by this notice should and the regulations promulgated there­ gested findings of fact, and otherwise write to the Food and Drug Administra­ under (21 CFR pt. 130), the Commis­ participate as a party. The hearing con­ tion, Bureau of Drugs, Office of Compli­ sioner hereby gives the applicant (s) and templated by this notice will be open to ance (BD-300), 5600 Fishers Lane, Rock­ any other interested person an oppor­ the public except that any portion of the ville, Md. 20852. tunity for a hearing to show why ap­ hearing that concerns a method or proc­ The Commissioner of Food and Drugs, proval of the new-drug application (s) ess the Commissioner finds entitled to pursuant to the provisions of the Federal should not be withdrawn. protection as a trade secret will not be Food, Drug, and Cosmetic Act (sec. 505, On or before July 2, 1973, within 30 open to the public, unless the respondent 52 Stat. 1053, as amended; 21 U.S.C. days after publication hereof in the F e d ­ specifies otherwise in his appearance. 355), and the Administrative Procedure eral R e g is t e r the applicant(s) and any Requests for a hearing and/or elec­ Act (5 U.S.C. 554), and under authority other interested person is required to file tions not to request a hearing may be delegated to him (21 CFR 2.120), finds with the Hearing Clerk, Department of seen in the office of the hearing clerk that on the basis of new information Health, Education, and Welfare, room (address given above) during regular before him with respect to the drugs, 6-88, 5600 Fishers Lane, Rockville, Md. business horns, Monday through Friday. evaluated together with the evidence 20852, a written appearance electing This notice is issued pursuant to pro­ available to him when the application whether or not to avail himself of the visions of the Federal Food, Drug, and was approved, there is a lack of substan­ opportunity for a hearing. Failure of an Cosmetic Act (sec. 505, 52 Stat. 1052-53, tial evidence that the drugs will have the applicant or any other interested person as amended; 21 U.S.C. 355), and the Ad­ effect purported or represented to have to file a written appearance of election ministrative Procedure Act (5 U.S.C. under the conditions of use prescribed, within said 30 days will constitute an 554), and under authority delegated to recommended, or suggested in the label­ election by him not to avail himself of the Commissioner (21 CFR 2.120). ing thereof. the opportunity for a hearing. No exten­ Dated May 22,1973. Therefore, pursuant to the foregoing sion of time may be granted. findings, approval of new drug applica­ If no person elects to avail himself of S a m D . F i n e , tion No. 12-373 and all amendments and the opportunity for a hearing, the Com­ Associate Commissioner for supplements applying thereto is with­ missioner without further notice will Compliance. drawn effective on May 30, 1973. Ship­ enter a final order withdrawing approval {FR Doc.73-10631 Filed 5-29-73;8:45 am] ment in interstate commerce of the of the application(s). above-listed drug products or of any If an applicant or any other inter­ identical, related, or similar product, not ested person elects to avail himself of the [DESI 12373; Docket No. FDC-D-536; NDA 12-373] the subject of an approved new drug ap­ opportunity for a hearing, he must file, plication, is henceforth unlawful. on or before July 2, 1973, a written ap­ CERTAIN DRUGS CONTAINING POLYUN­ pearance requesting the hearing, giving SATURATED FATTY ACIDS WITH OR Dated May 22,1973. the reasons why approval of the new- WITHOUT NIACIN S a m D. F i n e , drug application (s) should not be with­ Notice of Withdrawal of Approval of New Associate Commissioner drawn, together with a well-organized Drug Application for Compliance. and full-factual analysis of the clinical and other investigational data he is pre­ On December 23, 1972, there was pub­ [FR Doc.73-10632 Filed 5-29-73;8:45 am] pared to prove in support of his opposi­ lished in the F ederal R eg ister (37 FR tion. A request for a hearing may not 28434) a notice (DESI 12373) in which [FAP 3B2895] rest upon mere allegations or denials, but the Commissioner of Food and Drugs must set forth specific facts showing that proposed to issue an order under section WITCO CHEMICAL CORP. a genuine and substantial issue of fact 505(e) of the Federal Food, Drug, and Filing of Petition for Food Additives requires a hearing (21 CFR 130.14(b)). Cosmetic Act (21 U.S.C. 355(e)) with­ Pursuant to provisions of the Federal If review of the data submitted by an drawing approval of NDA 12-373 provid­ applicant or any other interested person Food, Drug, and Cosmetic Act (sec. ing for the following products:' 409(b)(5), 72 Stat. 1786; 21 U.S.C. warrants the conclusion that there exists 1. Lenic capsules containing a total of substantial evidence demonstrating the 348(b)(5)), notice is given that a peti­ 100 mg tetraenoic, pentaenoic, and hexa- tion (FAP 3B2895) has been filed by effectiveness of the product(s) for the enoic acids and 500 mg linoleic acid; labeling claims involved, the Commis­ Witco Chemical Corp., Organics Division, 2. Lenic H.P. capsules containing a 400 North Michigan Ave., Chicago, 111. sioner will rescind this notice of oppor­ total of 350 mg tetraenoic, pentaenoic, tunity for hearing. 60611, proposing that § 121.2526, Com­ and hexaenoic acids and 300 mg linoleic ponents of paper and paperboard in con­ If review of th e d ata in th e applica­ acid; tact with aqueous and fatty foods (21 tion (s) and data submitted by the appli­ 3. Lenic with niacin capsules contain­ CFR 121.2526) be amended to provide for cant (s) or any other interested person ing a total of 90 mg, of tetraenoic, penta­ the safe use of calcium isostearate and m a request for a hearing, together with enoic, and hexaenoic acids, 450 mg, lino­ n-decanol as adjuvants or modifiers of tne reasoning and factual analysis in a leic acid and 100 mg niacin; all previ­ aqueous calcium stearate dispersions in­ request for a hearing, warrants the con- ously marketed by Cooper Laboratories, tended for use as components of coat­ usion that no genuine and substantial 2900 North 17th Street, Philadelphia, Pa. “sue of fact precludes the withdrawal of 19132. ings for paper and paperboard in con­ approval of the application(s), the Com­ The basis of the proposed withdrawal tact with food. missioner will enter an order of with­ of approval was the lack of substantial Dated May 16, 1793. drawal making findings and conclusions evidence that these drugs are effective on such data. for use in lowering blood cholesterol lev­ V ir g il O. W o d ic k a , *7. up?n the request of the new-drug els at the recommended dosages. . Director, Bureau of Foods. ppiicant(s) or any other interested per- Cooper Laboratories had previously [FR Doc. 73-10637 Filed 5-29-73;8:45 am] ’ a hearing is justified, the issues will discontinued the products and waived a hearing examiner will be their opportunity for a hearing. There Office of Education nra,.«1’ he shall issue, as soon as has been no response pursuant to the NATIONAL ADVISORY COMMITTEE ON cable after the expiration of July 2, notice of December 23,1972. HANDICAPPED CHILDREN ni ’ a written notice of the time and All identical, related, or similar prod­ Notice of Meeting which the hearing will corn­ ucts, not the subject of an approved new eal “ h Persons interested in identi- drug application, are covered by the new Notice is hereby given, pursuant to bv or similar products covered drug application reviewed and are sub­ Public Law 92-463, that the next meet­ ¿ 7 new-drug application (s) will be ject to this notice. See 21 CFR 130.40 (37 ing of the National Advisory Committee orded an opportunity to appear at the FR 23185, Oct. 31,1972). Any person who on Handicapped Children will be held on

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14182 NOTICES

June 6-8, 1973, at 9 a.m., local time, in 1 and 2, at a site adjacent to the Tita- the Commission’s regulations, 10 CFR conference room 3652, regional office bawassee River in Midland County, Mich. part 2, rules of practice. By Commission building 3, Seventh and D Streets SW., The amendments issued by the Deputy memorandum and order dated Septem­ Washington, D.C. Director for Reactor Projects incorpo­ ber 15, 1972, Citizens for Survival, Inc The National Advisory Committee on rate in the construction permits certain was admitted as a party. Handicapped Children was established to additional reporting requirements, relat­ On September 23, 1972, a notice of review the administration and operation ing to quality assurance, which were spe­ hearing was published in the F ederal of programs for the handicapped in the cified in, and imposed by ALAB-106. R egister (37 F R 20088), which desig­ Office of Education, and make recom­ Copies of ALAB-106 and the amend­ nated an Atomic Safety and Licensing mendations for their improvement. ments referred to herein are on file in Board to preside over the hearing. The meeting of the committee will be the Commission’s Public Document A notice of availability of the final open to the public. The proposed agenda Room, 1717 H Street NW., Washington, environmental statement was published includes the status of legislation and the D.C., and at the Grace Dow Memorial in the F ederal R egister on August 30 handicapped, new federalism—what it Library, 1710 West St. Andrews Road, 1972 (37 FR 17576). means to the handicapped, development Midland, Mich. Single copies of these Public hearings were held intermit­ of a business industry conference on documents may be obtained upon request tently from December 11 to December 28, career education for handicapped work­ addressed to the U.S. Atomic Energy 1972, and May 15 to May 17, 1973, in ers, guidelines for reporting of handi­ Commission, Washington, D.C. 20545, Omaha, Nebr., to consider radiological capped people in the news media. Rec­ attention: Deputy Director for Reactor health and safety and environmental ords will be kept of all committee pro­ Projects, Directorate of Licensing. matters. ceedings (and shall be available for Dated at Bethesda, Md., this 23d day On February 27, 1973, Omaha Public public inspection at the Office of the As­ Power District filed a motion, sociate Commissioner, Bureau of Educa­ of May 1973. pursuant A. SCHWENCER, to 10 CFR part 50.57(c), with the Atomic tion for the Handicapped; located in Safety and Licensing Board for room 2100, regional office building 3, Chief, Pressurized Water Reac­ an order tors Branch No. 4, Directorate permitting fuel loading and subcritical Seventh and D Streets SW., Washington, testing of the Fort Calhoun D.C.20202). of Licensing. Station, Unit 1. There was no objection by the parties Signed at Washington, D.C. on May 22, [FR Doc.73-10710 Filed 5-29-73:8:45 am] to the motion. 1973. On March 21, 1973, the Atomic Safety F r a n k B. W it h r o w , [Docket No. 50-285] and Licensing Board issued an order au­ Executive Secretary, National thorizing the Director of Regulation to Advisory Committee on Edu­ OMAHA PUBLIC POWER DISTRICT make the appropriate findings on the cation of the Deaf. Issuance of Facility Operating License issues set forth in 10 CFR part 50.57(a), [FR Doc.73-10707 Filed 5-29-73:8:45 ami to make the appropriate environmental Notice is hereby given that the Atomic findings pursuant to 10 CFR Energy Commission (the Commission) part 50, appendix D, and to issue a license per­ ATOMIC ENERGY COMMISSION has issued facility operating license No. mitting Omaha Public Power DPR-40 to the Omaha Public Power Dis­ District to [Docket No. 50-247] load fuel and perform subcritical testing trict for the Fort Calhoun Station, Unit of the Fort Calhoun Station, CONSOLIDATED EDISON CO. 1 (the facility) . The facility is a pressur­ Unit 1. Subsequently, on April 2,1973, Omaha Reconstitution of Atomic Safety and ized water nuclear reactor located at Public Power District Omaha Public Power District’s site in filed a second mo­ Licensing Appeal Board tion, pursuant to 10 CFR part 50.57(c), Washington County, Nebr. The facility with the Atomic Safety and Notice is hereby given that, in ac­ is designed for operation at 1420 mega­ Licensing Board for an order authorizing the Di­ cordance with the authority in 10 CFR watts thermal. 2.787(a), the Chairman of the Atomic rector of Regulation to make the appro­ The license authorizes operation of the priate findings and to issue Safety and Licensing Appeal Panel has Fort Calhoun facility at core power levels a license au­ thorizing steady-state power operation reconstituted the Atomic Safety and Li­ not to exceed 284 thml MW (20 percent not to exceed 20 percent of the rated censing Appeal Board for this proceed­ of rated power) ; however, activities power. There was no objection by the ing to consist of the following members: under the license are temporarily being parties to the motion. William C. Parler, chairman. limited to fuel loading and subcritical On April 5, 1973, the Atomic Safety Dr. John H. Buck, member. testing until certain matters identified by and Licensing Board issued an order au­ Dr. Lawrence R. Quarles, member. the Directorate of Regulatory Operations thorizing the Director of Regulation to have been satisfactorily resolved, at Dated May 23,1973. make the appropriate findings on the which time it is expected that Omaha M argaret E . D u F l o , issues set forth in 10 C F R part 50.57(a), Public Power District will be authorized to make the appropriate environmen­ Secretary to the to perform further testing operations at Appeal Board. tal findings pursuant to 10 CFR part 50, core power levels not to exceed 71 thml appendix D, and to issue a license for [FRDoc.73-10622 Filed 5-29-73:8:45 am] MW (5 percent of rated power). Further steady-state power operation not to ex­ operations at core power levels up to 284 ceed 20 percent of the rated power. thml MW (20 percent of rated power) [Dockets Nos. 50-329 and 50-330] The Commission’s Director of Regula­ will be authorized upon completion of tion has made the appropriate findings CONSUMERS POWER CO. certain procedural changes and design which are set forth in the license, and Issuance of Amendments to Construction modifications which relate to assuring the application complies with the Atomic Permits protection of essential structures and Energy Act of 1954, as amended, and me equipment required for safe shutdown Notice is hereby given that, pursuant Commission’s regulations in 10 CFR which conceivably could be damaged by chapter 1. . to the memorandum and order of the a rupture of a pipe outside containment Atomic Safety and Licensing Appeal T ie license is effective as of the date that contains high energy fluid. of issuance, and shall expire 18 months Board, dated March 26, 1973 (ALAB- A notice of consideration of issuance 106), the Deputy Director for Reactor from said date, unless extended for gooa of a facility operating license for the fa­ cause shown, or upon earlier issuance o Projects, Directorate of Licensing, has cility was published in thé F ederal R eg­ issued amendment No. 1 to construction a superseding licensing action. ist e r on May 12,1972 (37 FR 9576). The Copies of (1) Omaha Public Power Dis­ permit No. CPPR-81 and amendment No. notice provided that within 30 days from trict’s motion dated April 2, 1973, i 1 to construction permit No. CPPR-82. the date of publication, any person whose the Board’s order dated April 5,1973, Construction permits Nos. CPPR-81 and interest might be affected by the issu­ CPPR-82 authorize Consumers Power ance of the license could file a petition facility operating license No. DPR-4 > Co. to construct the Midland plant, units for leave to intervene in accordance with complete with technical specifications,

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14183

(4) the Commission’s safety evaluation, Dated at Bethesda, Md., this 24th day Safety and Licensing Appeal Board and (5) the report of the Advisory Committee of May 1973. copies of the initial decision by the Atomic Safety and Licensing Board and on Reactor Safeguards, and (6) the For the Atomic Energy Commission. Commission’s final environmental state­ the final environmental statement have ment related to the operation of the Fort G o r d o n K . D ic k e r , been transmitted to the Council on En­ Calhoun Station are available for public Chief, Environmental Projects vironmental Quality and made available inspection in the Commission’s Public Branch No. 2, Directorate of to the public as noted herein. Document Room, 1717 H Street NW., Licensing. Single copies of the initial decision Washington, D.C., and in the Blair Public [FR Doc.73-10708 Filed 5-29-73;8:45 am] by the Atomic Safety and Licensing Library, 1665 Lincoln Street, Blair, Nebr. Board, the decision by the Atomic Safety Copies of the license and items (4), (5), and Licensing Appeal Board, and the and (6) may be obtained upon request [Docket No. 50-395] final environmental statement may be addressed to the UB. Atomic Energy SOUTH CAROLINA ELECTRIC & GAS CO. obtained by writing the U.S. Atomic Commission, Washington, D.C. 20545, at­ Energy Commission, Washington, D.C. tention: Deputy Director for Reactor - Availability of Initial Decision 20545, Attention: Deputy Director Projects, Directorate of Licensing. Pursuant to the National Environ­ for Reactor Projects, Directorate of Licensing, Dated at Bethesda, Md., this 24th day mental Policy Act of 1969 and the U.S. Atomic Energy Commission’s regulation of May 1973. Dated at Bethesda, Md. this 22d day in appendix D, section A.9 and A.11, to of May 1973. For the Atomic Energy Commission. 10 CFR part 50, notice is hereby given For the Atomic Energy Commission. K arl R . G o l le r , that an initial decision dated March 19, Chief, Pressurized Water Re­ 1973, by the Atomic Safety and Licensing R ich ard S. C l e v e l a n d , actors Branch No. 3, Director­ Board and a decision dated April 13, Acting Chief, Environmental ate of Licensing. 1973, by the Atomic Safety and Licensing Projects Branch No. 1, Di­ Appeal Board, in the above captioned rectorate of Licensing. [FR Doc.73-10709 Filed 5-29-73; 8:45 am] proceeding authorizing issuance of the construction permit to South Carolina [FR Doc.73-10711 Filed 5-29-73;8:45 am] [Dockets Nos. 50—275 and 50-323] Electric & Gas Co. for construction of the Virgil C. Summer Nuclear Station [Docket No. 50-322] PACIFIC GAS & ELECTRIC CO. located in Fairfield County, S.C., are SHOREHAM NUCLEAR POWER STATION Availability of Final Environmental available for inspection by the public in Statement the Commission’s Public Document Notice of Availablity of Initial Decision of Room at 1717 H Street NW., Washing­ the Atomic Safety and Licensing Board Pursuant to the National Environ­ for the Shoreham Nuclear Power Station mental Policy Act of 1969 and the U.S. ton, D.C., and in the Fairfield County Atomic Energy Commission’s regula­ Library, Vanderhorst Street, Winnsboro, Pursuant to the National Environ­ tions in appendix D to 10 CFR part 50, S.C. 29180. mental Policy Act of 1969 and the U.S. notice is hereby given that the final en­ The initial decision by the Atomic Atomic Energy Commission’s regula­ vironmental statement prepared by the Safety and Licensing Board and the tions in appendix D, section A.9 and Commission’s Directorate of Licensing, decision by the Atomic Safety and A .ll, to 10 CFR part 50, notice is hereby related to the proposed Diablo Canyon Licensing Appeal Board are also being given that an initial decision dated Reactor Units 1 and 2, currently under made available at the Office of the Gov­ April 12, 1973, by the Atomic Safety and construction by Pacific Gas & Electric ernor, Division of Administration, Wade Licensing Board in the above-captioned Co., in San Luis Obispo County is avail­ Hampton Office Building, Columbia, S.C. proceeding authorizing issuance of a able for inspection by the public in the 29201, and at the Central Midlands construction permit to Long Island Commission’s Public Document Room at Regional Planning Council, 1125 Bland- Lighting Co. for construction of Shore­ 1717 H Street NW „ Washington, D.C., ing Street, Columbia, S.C. 29201. ham Nuclear Power Station located in and in the San Luis Obispo County Free The decision of the Atomic Safety the town of Brookhaven, Suffolk County, Library, 1354 Bishop Street, San Luis and Licensing Appeal Bdard modified N.Y., is available for inspection by the Obispo, Calif. The final environmental in certain respects -the initial decision public in the Commission’s public docu­ statement is also being made available at of the Atomic Safety and Licensing ment room at 1717 H Street NW., Wash­ the Office of the Lieutenant Governor, Board as well as the contents of the ington, D.C., and in the Comsewogue Office of Intergovernmental Manage­ final environmental statement pre­ Public Library, 170 Terryville Road, ment, 1400 10th Street, room 108, Sacra­ pared by the Commission’s Directorate Port Jefferson, N.Y. 11776. mento, Calif. of Licensing relating to the construction The initial decision is also being made The notice of availability of the draft of the Virgil C. Summer Nuclear Station. available at the New York State Office environmental statement for the Diablo A copy of this final environmental state­ of Planning Services, 488 Broadway, Canyon Reactor Units 1 and 2, and re­ ment is also available for public inspec­ Albany, N.Y. 12207, and at the Tri-State quests for comments from interested tion at the above designated locations. Regional Planning Commission, 100 persons was published in the Federal Pursuant to the provisions of 10 CFR Church Street, New York, N.Y. 10007. Register on December 12, 1972 (37 FR part 50, appendix D, section A .ll, the The initial decision modified in cer­ 26459). The comments received from initial decision by the Atomic Safety tain respects the contents of the final Federal* State, and local officials and in­ and Licensing Board and the final en­ environmental statement relating to the terested members of the public have been vironmental statement are deemed dif­ construction of the Shoreham Nuclear included as appendices to the final en­ ferent to the extent that the findings Power Station prepared by the Commis­ vironmental statement. and conclusions of the initial decision sion’s Directorate of Licensing. A copy Single copies of the final environ­ relating to environmental matters and of this final environmental statement is mental statement may be obtained by the summary and conclusions of the also available for public inspection at writing the U.S. Atomic Energy Com­ final environmental statement are modi­ the above-designated locations. fied by the decision of the Atomic Safety Pursuant to the provisions of 10 CFR mission, Washington, D.C. 20545, Atten­ and Licensing Appeal Board. As re­ part 50, appendix D, section A .ll, the tion: Deputy Director for Reactor Proj­ quired by section A .ll of appendix D, final environmental statement is deemed ects, Directorate of Licensing. a copy of the decision by the Atomic modified to the extent that the findings

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14184 NOTICES

and conclusions relating to environmen­ tion made by the Appeal Board that, COMMITTEE FOR THE IMPLEMENTA tal matters contained in the initial deci­ based upon the present state of the sion are different from those contained record pertaining to a quality assurance TION OF TEXTILE AGREEMENTS in the final environmental statement. As program, “ * * * there is no record evi­ CERTAIN COTTON TEXTILE PRODUCTS required by section A. 11 of appendix D, a dence that a satisfactory program even PRODUCED OR MANUFACTURED IN copy of the initial decision, which modi­ exists.” The Board will also proceed in PAKISTAN n fies the final environmental statement, accordance with the Administrative Entry or Withdrawal From Warehouse for has been transmitted to the Council on Procedure Act that determinations must Consumption Environmental Quality and made avail­ be made upon the basis of evidence in able to the public as noted herein. the record as developed by all of the Under the Bilateral Cotton Textile Single copies of the initial decision and parties participating in the develop­ Agreement of May 6, 1970, as amended of the final environmental statement may ment of the record. between the Governments of the United be obtained by writing the U.S. Atomic The Board desires to confer with the States and Pakistan, the Government of Energy Commission, Washington, D.C. parties respecting the matters that Pakistan has undertaken to limit its 20545, attention: Deputy Director for Re­ should be considered in reference to a exports of cotton textiles and cotton textile products to the United to actor Projects, Directorate of Licensing. determination whether the hearing rec­ States ord should be reopened to receive further certain designated levels. On April 11, Dated at Bethesda, Md., this 23d day evidence, arid if so, the nature, scope,- and 1973, the Governments of the United of May 1973. specificity of the evidence which would States and Pakistan established an ad­ For the Atomic Energy Commission. be introduced, the time needed for a ministrative mechanism to exempt from preparation of the evidence, and a date the limitations of the aforementioned Gordon K. Dicker, bilateral agreement certain traditional Chief, Environmental Projects for convening a reopened proceeding. Im ­ portantly also, the Board desires to have Pakistan items, produced or manufac­ Branch 2, Directorate of Li­ tured in Pakistan and exported to the censing. comments and recommendations from the parties whether the Vermont Yankee United States, which have been certified [FR Doc.73-10621 Filed 5-29-73;8:45 am] Nuclear Power Plant should be author­ for exemption by the Government of ized to continue operations upon the Pakistan. The purpose of this notice is to announce the implementation basis of the determination that there of this [Docket No. 50-271] administrative mechanism. is no satisfactory quality assurance pro­ VERMONT YANKEE NUCLEAR POWER CO. gram for such operations.1 The Board Accordingly, there is published below a letter of May 16, 1973, from the chair­ Order Convening Conference requests the applicant to submit a list of transcript and documentary refer­ man of the Committee for the Imple­ The Atomic Safety and Licensing Ap­ mentation of Textile Agreements ences to the evidence where the quality to the peal Board (Appeal Board) has issued a Commissioner of Customs directing assurance program was considered. All that memorandum and order (ALAB-124) certain traditional Pakistan items, parties are requested to submit to the certi­ dated May 23, 1973, remanding this pro­ fied exempt by the Government of Pakis­ ceeding to the Atomic Safety and Licens­ Board, exchange with the parties and tan, shall henceforth and until file with the Secretary of the Commis­ further ing Board (Board) to consider several notice not be subject to the levels of aspects enumerated in the memorandum sion, briefs or comments on or before June 6,1973, respecting the matters that restraint established by the Bilateral and order, including whether the pro­ Cotton Textile Agreement of May 6, ceeding should be reopened to receive should be considered within the scope of the May 23, 1973, remand order of the 1970, as amended. further evidence, and if so, the scope Appeal Board. and specificity of the evidence to be in­ Seth M. Bodner, troduced, and also, whether the Vermont The Board has had telephonic com­ Chairman, Committee for the Yankee Nuclear Power Plant now author­ munication with the attorneys available Implementation of Textile ized to operate, should be permitted to for the consideration and has deter­ Agreements, and Deputy As­ continue to be operated. The Appeal mined that June 11, 1973 is a convenient sistant Secretary for Re­ Board has determined in reference to date to have a conference respecting sources and Trade Assistance. the quality assurance program for this these several matters. Committee for the I mplementation powerplant that: Wherefore, it is ordered, In accordance of T extile Agreements * * * there is no record evidence that a with the Atomic Energy Act, as amended, Commissioner of Customs, satisfactory program even exists. What ap­ and the rules of practice of the Commis­ Department of the Treasury, pears in the record is that, at least as late as Washington, D.C. 20229 January 10, 1973, when the staff filed its sion, a conference with the parties and/ May 16,1973. proposed findings, the program was believed or their attorneys shall convene at 10 Dear Mr. Commissioner: This directive to be unsatisfactory in a number of signifi­ a.m. on Monday, June 11, 1973 at the amends but does not cancel the directive cant respects. issued to you on June 29, 1972, by the chair­ U.S. Court of Claims, 717 Madison Place man of the Committee for the implementa­ The Appeal Board further held: NW „ Washington, D.C. tion of Textile Agreements which designated * * * we are deeply concerned over the levels of restraint for certain cotton textiles fact that the facility operated under the Issued May 24, 1973, Germantown, and cotton textile products produced or temporary operating license for a protracted Md. manufactured in Pakistan which may be period without a satisfactory quality assur­ Atomic Safety and Licens­ entered or withdrawn from warehouse for ance program. ing Board, consumption in the United States during the 12-month period beginning July 1, 1972. It The Appeal Board directed in addition: Samuel W. Jensch, also amends but does not cancel the directive The Board should examine the October 25 Chairman. of June 28, 1972, which established an export letter and any other documents bearing on IFR D oc.73-10783 Filed 5-29-73;8:45 am] visa requirement for entry into the United the quality assurance issue. It should then States for consumption and withdrawal proceed to determine whether those docu­ from warehouse for consumption of cotton ments demonstrate that the applicant’s qual­ 1 The Appeal Board emphasized the neces­textiles and cotton textile products produced ity assurance program is, as has been repre­ sity of an adequate quality assurance pro­ or .manufactured in Pakistan. sented, satisfactory. I f that determination gram by its inclusion of evidence submitted Pursuant to paragraph 12 of the Bilateral cannot be made, formal reopening of the by the Regulatory Staff in the ECCS rule- Cotton Textile Agreement of May 6, 1970, a record on the matter of quality assurance making proceeding, in part, as follows : amended, between the Governments of tne will be required. “Extensive and systematic quality assur­ United States and Pakistan, and in accord­ ance practices are required and applied at ance with the procedures of Executive Orde The Atomic Safety and Licensing every step to achieve this primary assurance 11651 of March 3, 1972; effective as soon as Board will proceed from the determina­ of safety.” possible and until further notice, the trad -

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14185 tional Pakistan items listed below, produced 16. ChUaf.—Embroidered decorative tubu­ or manufactured in Pakistan and entered lar case open at both ends with drawstring into the United States in accordance with enclosures. Government of Pakistan J the provisions of this directive, shall neither 17. Dupatta.— (If in part of a set) long be subject to nor counted in any level of scarf about 4 ft or more long and 3 ft or restraint now or hereafter put into effect: more wide of thin cotton fabric with colorful EXPORT PROMOTION BUREAU I i Shisha embroidered dresses.— Tradi­ design worn by women to cover the head. tional mirror embroidery on plain, printed, 18. Kamarband.—Antique and embroid­ Serial No- or striped material, worn by the people of ered wide belts worn around the waist, with Sind and Baluchistan. Short, medium, or heavy mirrored embroidery. long in length according to the areas from To qualify for exemption from the levels of EXEMPTED ITEMS. I which they come. restraint, each shipment of the Pakistan 2. Dastkari kurta and/or gharara.—A items listed above shall be accompanied by a “kurta” is a type of halter blouse worn with certification issued by the Government of Description: ...... I the gharara. A “gharara” is a traditional Pakistan. The certification shall be a stamped form of the pajama worn by ladies of the marking in blue ink on the front of the in­ Moghul courts. Each leg of the gharara meas­ voice (special customs invoice form 5515, suc­ Certified on,___ ...... ures about 1 yd across the bottom opening. cessor document or other commercial invoice Both made of cotton material with multicol­ when such form is used). Each certification ored embroidery and with drawstrings at will consist of the authorized signature and the top and waist, in the tradition of the title of the official issuing the certification; Moghul kings. identify the items exempted; indicate the 3. Multani kurta.— Crochet worked short date the certification was signed and certi­ Authorised Signature. 1 or long tunic worn by the peasants in Pun­ fied; and carry the certificate number. A ..... }..£ jab. Crocheted work located at the neck and facsimile of the stamp, along with the signa­ front and has triangular inserts at the tures of the officials authorized to issue the [FR Doc.73-10721 Filed 5-29-73; 8:45 am ] armpits. exempt certification is enclosed. 4. Embroidered kurta.—Type of shirt or All merchandise covered by an invoice loose tunic worn throughout Pakistan over which has an exempt certification but con­ CERTAIN COTTON TEXTILE PRODUCTS loose trousers. Is embroidered in different tains both exempt and nonexempt textile PRODUCED OR MANUFACTURED IN colors. Adapted from Angarkha by King items will be denied entry. ROMANIA Ahmad Shah Abdali. W orn short or long and In addition to the certification stamp, each shipment of Pakistan items will be accompa­ Entry or Withdrawal From Warehouse for has triangular inserts at the armpits. Consumption 5. Multani Choli.— (If in part of set) nied by a visa in accordance with the visa fitted blouse worn with either a lungi (i.e., arrangement signed by the Governments of May 21, 1973. the United States and Pakistan on June 13, a scarf) or sari in Punjab and Sind. Choli is On January 3, 1973, there was pub­ embroidered in different colors or hand 1972. « lished. in the ederal egister (38 printed, tied either in front or back. The actions taken with respect to the F R FR Government of Pakistan and with respect to 6. Rilli kurta.—Kurta of heavy fabric with 75), a letter dated December 21, 1972, patchworked decorations appliqued by hand, imports of cotton textiles and cotton textile from the chairman, Committee for the products from Pakistan have been deter­ worn by the women of Sind. Implementation of Textile Agreements, mined by the Committee for the Implemefi- 7. Burga.— Loose tunic or dress with hood to the Commissioner of Customs, estab­ tation of Textile Agreements to involve for­ attached worn by ladies when going out of lishing levels of restraint applicable to the house. Worn as an outer covering and eign affairs functions of the United States. Therefore, the directions to the Commissioner certain specified categories of cotton tex­ often gaily embroidered or hand printed. of Customs, being necessary to the imple­ tiles and cotton textile products produced 8. Quetta jackets.— Loose vest worn over mentation of such actions, fall within the kurta by men and women. Made either of or manufactured in Romania and ex­ foreign affairs exception to the rulemaking printed material or of embroidered material ported to the United States during the provisions of 5 U.S.C. 553. This letter will be with mirrors on plain colors. 12-month period beginning January 1, published in the Federal Register. 9. Ghagra.— Ankle length, loose fitting 1973. As set forth in that letter, the levels skirt with drawstrings around the waist or Sincerely, of restraint are subject to adjustment hooks worn with either a fitted or loose Seth M. Bodner, pursuant to paragraphs 4 and 7 of the choli, with traditional colors embroidered or Chairman, Committee for the Im­ bilateral cotton textile agreement of De­ band printed. Work in the Tharparkar area plementation of Textile Agree­ cember 31, 1970, between the Govern­ of Sind. ments, and Deputy Assistant Sec- 10. Batwa.— (Drawstring pouches, bags, retary for Resources and Trade ments of the United States and Romania, purses, and string bags.) Accessories for all Assistance. which provides that within the aggregate Pakistani dresses few carrying betel nuts and Name.and Designation of Government of limit, limits on certain categories may be other personal things. Gaily printed or hand Pakistan Certifying Officers with exceeded by not more than 5 percent, Specimen Signatures embroidered or with mirrors, or made with and for limited carryover of shortfalls in colored strings. Official Signature certain categories to the next agreement 11. Shindhi julaba.— Very loose ankle Humayun Shaflq year. length garment in hand-loom or hand- Assistant Director The bilateral agreement also contains blocked material with a hood attached, Karachi Regional Office with tiestring at V opening in neck and Karachi provisions establishing levels of restraint side slits at lower part extending to lower H. Aslan Research Officer for those categories not having specific hem. Worn with or without hood in the Export Promotion Bureau levels of restraint. The Government of villages of Sind and can also be embroidered. Lahore 12. Izarban.—Cotton belt in multicolored Abdul Qayyum Romania has requested an increase in Assistant Director continuous lengths of unwoven threads. Export Promotion Bureau two such categories, i.e., categories 42 and 13. Baluchi kameez.—Embroidered "top Lahore 43, and a corresponding decrease in a worn by the women of Baluchistan over Rlaz Ahmad Shalwar or Turkish trousers. Flared tunic Field Inspector category having a specific level of re­ Export Promotion Bureau with extra wide sleeves tapering to a but­ Multan straint, i.e., category 63. toned cuff. Mohammad Said Accordingly, at the request of the Gov­ Cotton embroidered kaftan.— Kafta Administrative Officer Export Promotion kureatt ernment of Romania and pursuant to the traditional embroidery of Multan, IV Multan ran, Dera Ghazi Khan, and Nuchki. L the provisions of the bilateral agreements Taj Mohammad Khan loose fitting dress with embroidery aro Deputy Director referred to above, there is published be­ top and bottom with side slits of abou Export Promotion Bureau low a letter of May 21, 1973, from the inches to the lower hem. Peshawar Mohammad Asian Khan chairman of the Committee for the Im­ 15. Cholistan kurta,—Colorful striped Research 'Officer Export Promotion Bureau plementation of Textile Agreements to heavy, unbleached fabric worn by the camel Rawalpindi drivers of the Cholistan Desert with stand up the Commissioner of Customs amending Ch-Israr-UI-Haque collar band and sleeves made into the body Investigator for Deputy QfriCtOP the levels of restraint applicable to cot­ Export Promotion Bureau of the garment. Siel Let ton textile products in categories 26, 42,

FEDERAL REGISTER, V O L 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. H)3—pt.i- 14186 NOTICES

43, 49, 55, 60, and 63 for the 12-month of the Bureau of Customs under the provi­ sulfite) in dried apple pomace from ap­ period which began on January 1, 1973. sions of 19 U.S.C. 1448(b) prior to the effec­ plication of the insecticide to the grow­ tive date of this directive shall not be denied ing raw agricultural commodity apples. S e t h M. B o d n e r , entry under this directive. Chairman, Committee for the The actions taken with respect to the Gov­ Dated May 23, 1973. Implementation of Textile ernment of Romania and with respect to imports of cotton textiles and cotton textile H e n r y J. K orp, Agreements, and Deputy As­ Deputy Assistant Administrator sistant Secretary for Re­ products from Romania have been deter­ mined by the Committee for the Implemen­ for Pesticide Program. sources and Trade Assistance. tation of Textile Agreements to involve for­ [FR Doc.73-10678 Filed 5-29-73;8:45 am] Committee for the I mplementation of eign affairs functions of the United States. T extile Agreements Therefore the directions to the Commissioner of Customs, being necessary to the imple­ FEDERAL COMMUNICATIONS Commissioner of Customs, mentation of such actions fall within the COMMISSION Department of the Treasury, foreign affairs exception to the rulemaking Washington, D.C. 20229. provisions of 5 U.S.C. 553. This letter will be [Dockets Nos. 19744, 19745; FCC 73-542] May 21, 1973. published in the Federal Register. Dear Mr. Commissioner; On December 21, A. H. BELO CORP. AND WADECO, INC. 1972, the chairman, Committee for the Im­ Sincerely yours, Seth M. Bodner, Order Designating Application for Hearing plementation of Textile Agreements, di­ on Stated Issues rected you to prohibit entry during the 12- Chairman, Committee for the Imple­ month period beginning January 1, 1973, of mentation of Textile Agreements, In re applications o f: A. H. Belo Corp. cotton textiles and cotton textile products and Deputy Assistant Secretary for (W F A A -T V ), Dallas, Tex., docket No! in certain specified categories, produced or Resources and Trade Assistance. 19744, file No. BRCT-33, for renewal of manufactured in Romania, in excess of des­ [FR Doc.73-10802 Filed 5-29-73;8:45 am] broadcast license; Wadeco, Inc., Dallas, ignated levels of restraint. The chairman Tex., docket No. 19745, file No. BPCT- further advised you that the levels of re­ COST OF LIVING COUNCIL 4453, for construction permit for new straint are subject to adjustment.1 television broadcast station. Under the terms of the “Long-Term Ar­ [Order No. 27] rangement Regarding International Trade in 1. The Commission has before it for Cotton Textiles" done at Geneva on Febru­ CHAIRMAN, OIL POLICY COMMITTEE consideration the above-captioned ap­ plications, one requesting a renewal of ary 9, 1962, pursuant to paragraphs 4 and 7 Delegation of Authority of the bilateral cotton textile agreement of license to operate on channel 8, Dallas, December 31, 1970, between the Governments Pursuant to the authority vested in me Tex., and the other requesting a con­ of the United States and Romania, and in by Executive Order No. 11695, it is hereby struction permit for a new television accordance with the procedures of Executive ordered as follows: broadcast station to operate on channel Order 11651 of March 3, 1972, you are di­ 8, Dallas, Tex. rected to amend, effective as soon as pos­ 1. The authority with respect to petro­ sible and for the 12-month period beginning leum products under section 203(a) (3) of 2. Based on the information contained January 1, 1973, the levels of restraint estab­ the Economic Stabilization Act of 1970, in the application of Wadeco, Inc., cash lished in the aforesaid directive of Decem­ as added by section 2(b) of the Economic in the amount of $2,799,000 will be ber 21, 1972, for cotton textile products in Stabilization Act Amendments of 1973 is needed for the construction and first 3- categories 26, 49, 55, 60, and 63 to the delegated to the Chairman of the Oil months cost of operation of the proposed following: Policy Committee established by procla­ station, consisting of down payment on Amended 12-m onth mation 4210, including, without limita­ equipment— $625,000; 2 months princi­ Category: levels of restraint 2 tion, the power and duty to make the pal and interest payments on equip­ 26______square yards___ 2, 629,775 determinations and take the actions re­ ment— $93,750; other items—$417,000; 3 49______dozen___ 30,769 months cost of operation—$1,618,250;1 55 ______do____ 15, 853 quired or permitted by the act and the 60______do_____ 22,279 power to redelegate any of the authority and grant fee— $45,000. To meet its cash 63______1 pounds__ 156,062 thereunder. needed requirement, the applicant relies upon paid-in stock subscriptions, stock 2 These levels have not been adjusted to 2. Nothing herein shall be deemed to delegate any authority with respect to subscription agreements and a $2,500,000 reflect any entries made on or after Jan. 1, bank loan from the Castle Trust Co. Ltd. 1973. the stabilization of prices under section 203(a)(1) of the act. In an amendment filed November 2,1972, In addition, pursuant to the provisions of the applicant indicated in section n, the bilateral agreement referred to above, the 3. This order shall be effective im­ paragraph 11, FCC Form 301, that following levels of restraint have been estab­ mediately. 118,940 shares has been subscribed and lished for categories 42 and 43 produced or G eorge P. S h u l t z , 78,060 shares had been issued, for a total manufactured in Romania and exported to Chairman, Cost of Living Council. of 197,000 shares. The information con­ the United States during the 12-month period beginning January 1, 1973: M a y 23, 1973. tained in the application demonstrates [FR Doc.73-10643 Filed 5-29-73; 8:45 am] that the stock subscribers can meet their 12-month levels of respective stock subscription commit­ Category: restraint2 ments to the applicant. However, on May 42 ______dozen 114, 045 ENVIRONMENTAL PROTECTION 8, 1973, the applicant submitted a bal­ 43 ______do____ 114, 046 AGENCY ance sheet dated February 28, 1973, Entries of cotton textile products in cate­ UNIROYAL CHEMICAL which conflicts with the information gories 42 and 43, produced or manufactured contained in section n , paragraph 11 m in Romania and which have been exported Filing of Petition for Food Additive that different amounts of stock issued to the United States from Romania prior to January 1, 1973, shall not be subject to this Pursuant to provisions of the Federal directive. Food, Drug, and Cosmetic Act (sec. 1 As in similar oases in the past, we will net Cotton textile products in categories 42 and 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) apply the standard set forth in VtiravjsW" 43 which have been released from the custody (5) ), notice is given that a petition (FAP Broadcasting Co., 1 FCC 2d 544 (196®)' 3H5028) has been filed by Uniroyal Rather we will apply our former stanaar Chemical, Division of Uniroyal, Inc., which required an applicant to demonstra iT h e term “adjustment” refers to those Bethany, Conn. 06525, proposing estab­ that it has sufficient funds to construct provisions of the bilateral cotton textile operate the proposed station for 3 mort lishment of a tolerance (21 CFR pt. 121) without revenues. Orange Nine, Inc., 7 agreement of Dec. 31, 1970, between the Gov­ of 80 parts per million for residues of ernments of the United States and Romania 2d 788 (1967). In this connection, it is noieu which provide in part that within the aggre­ the insecticide propargite (2-ip -te rt- that the Commission’s TV Broadcast Fi ' gate, limits on certaih categories may be butylphenoxy) cyclohexyl 2-propynyl cial Data Report for 1972 reveals that tn Dallas-Fort Worth television broadcast sw exceeded by not more than 5 percent; for limited carryover of shortfalls in certain cat­ 3 These levels have not been adjusted totions generated revenues on an averag _ . excess of the applicant’s anticipate egories to the next agreement year; and for reflect any entries made on or after Jan. 1, administrative arrangements. 1973. year operating costs ($6,473,000).

FEDERAL REGISTER, VOL. 38, NO. 103— -WEDNESDAY, MAY 30, 1973 NOTICES 14187 and subscribed are specified. Moreover, sought to maintain the exçlusive right to (a) The number of shares of the ap­ the balance sheet appears to be inter­ provide CATV services at a date of their plicant corporation which have been is­ nally inconsistent since on the asset side, choosing, if ever; and (2) discriminated sued and the number of shares which stock subscriptions receivable of 116,055 against UHF television broadcast sta­ have been subscribed. are listed whereas, on the liabilities side, tion KMEC, Dallas, Tex., by failing to (b) The extent to which the appli­ capital stock subscribed, but not issued, provide in their respective newspapers of cant’s prepaid expenses are attributable is shown as 116,250. With respect to the general circulation program listings to construction costs set forth in section stock subscriptions already paid in, the equivalent to those accorded VHF tele­ m , paragraph 1(a), FCC Form 301. applicant’s balance sheet shows $2,783.51 vision broadcast stations in the DaHas- (c) Whether the applicant will have in cash and $78,541.47 in prepaid ex­ Fort Worth metropolitan area. On July 1, available a $2,500,000 bank loan from the penses. Since the prepaid expenses have 1971, the principals of UHF, Inc., act­ Castle Trust Co. Ltd., Nassau, Bahamas. not been itemized in order to show that ing through Civic Telecasting Corp., for­ (d) Assuming that all of the funds they relate to the total construction mally petitioned to deny the license re­ upon which the applicant relies will be costs set forth in section III, paragraph newal applications of A. H. Belo Corp. available to it, how the applicant will 1(a), it cannot be determined whether (BR-395, BRH-1192, BRCT-33), Beau­ obtain sufficient additional funds to be the applicant can receive credit for these mont Television Corp. (BRCT-556), the used for the construction and first 3 prepaid expenses. Times Herald Printing Co. (BRCT-85), months, operation of the station. 3. With respect to the proposed $2,- and Carter Publications, Inc. (BR-404, (e) Whether, in view of the evidence 500,000 bank loan, since the Castle Trust BRH-539, BRCT-27), essentially on the adduced under the preceding issues, the Co. Ltd., has stated that it is willing to same grounds raised in their civil anti­ applicant is financially qualified. arrange for a loan, this does not consti­ trust complaint (CA-3-4156-A). Action 2. To determine which of the proposals tute a commitment by the bank to pro­ on the aforenoted license renewal appli­ would better serve the public interest. vide the funds.2 In the event that the cations has been deferred pending the 3. To determine, in the light of the evi­ applicant is able to satisfactorily demon­ Commission’s consideration of the allega­ dence adduced pursuant to the foregoing strate the availability of all of the funds tions set forth in the petition to deny. issues, which of the applications should upon which it relies, the applicant will See FCC 73-543 adopted this date. De­ be granted. still need additional funds in order to be pending upon our disposition of the peti­ 8. I t is further ordered, That, in the considered financially qualified. Conse­ tion to deny, however, further orders in event of a grant of the renewal appli­ quently, appropriate financial issues have this proceeding may be appropriate.3 cation of A. H. Belo Corp., its applica­ been specified. 6. A dispute also arose in this case tion will be subject to the following 4. Except as indicated by the issues concerning possible changes in the inte­ condition: set forth below, Wadeco, Inc., is qualified gration of ownership and management That the grant of this application is with­ to construct, own, and operate the pro­ picture of station WFAA-TV. This dis­ out prejudice to whatever action, if any, the posed new television broadcast station. pute has caused us to focus on the rela­ Commission may deem appropriate as a re­ Except for the matters discussed in para­ tionship between past record and inte­ sult of final action in the civil antitrust graph 5 below, A. H. Belo Corp. is quali­ gration of ownership and management proceeding entitled UHF, Inc. v. The Times fied to own and operate television broad­ Herald Publishing Company, T. H. Liquidat­ in the evaluation of the renewal appli­ ing Company and The A. H. Belo Corporation, cast station WFAA-TV. The applications cant. See letter to Mr. Thomas M. P. civil action No. 3—4156—A, filed September 9, are, however, mutually exclusive in that Christensen, FCC 73-545. As we made 1970, in the United States District Court operation by the applicants as proposed clear, W FAA-TV as a renewal applicant for the Northern District of Texas, Dallas would result in mutually destructive in­ is judged solely on its past record—not Division. terference. The Commission is, therefore, its integration. Whether that record 9. I t is further ordered, That, to avail unable to make the statutory findings warrants a “plus of major significance” that a grant of the applications would themselves of the opportunity to be {Citizens Communications Center v. heard, the applicants herein pursuant to serve the public interest, convenience FCC, 145 U.S. App. D.C. 32, 447 F 2d 1201, and necessity, and is of the opinion that § 1.221(c) of the Commission’s rules, in decided June 11, 1971) is of crucial im­ person or by attorney, shall within 20 they must be designated for hearing in a portance in the judgmental process. As days of the mailing of this order, file consolidated proceeding on the issues set the eourt there noted, the incumbent li­ with the Commission, in triplicate, a forth below. censee with such a “plus” can normally written appearance stating an intention expect renewal in any comparative chal­ 5. It should be noted that on Septem­ to appear on the date fixed for the hear­ lenge. In short, in the case of the re­ ber 9, 1970, UHF, Inc., instituted a civil ing and present evidence on the issues suit in the United States District Court newal applicant there Is no need to rely upon presumptions (e.g., integration, specified in this order. for the Northern District of Texas, Dallas 10. I t is further ordered, That, the local residence) as to how the applicant Division (civil action No. 3-4156-A), applicants herein shall pursuant to sec­ charging, among others, the A. H. Belo will perform in this critical area of serv­ Corp., the licensee of W FAA-TV, and the ing the needs and interests of his area— tion 311(a)(2) of the Communications Times Herald Printing Co!, the licensee that whether his integration is zero or Act of 1934, as amended, and § 1.594 of station KDFW-TV, Dallas, Tex., with 100 percent, the actual past performance of the Commission’s rules, give notice violations of the Sherman Antitrust Act speaks for itself and is the factor to be of the hearing within the time and the by entering into a contract, combination considered in the evaluation of the re­ manner prescribed in such rule, and newal applicant in this respect. or conspiracy in restraint of trade, by shall advise the Commission of the pub­ attempting to and monopolizing the tele­ 7. Accordingly, it is ordered, That pur­ vision broadcast industry in the Dallas- suant to section 309(e) of the Communi­ lication of such notice as required by Fort Worth metropolitan area, and by cations Act of 1934, as amended, the § 1.594(g) of the rules. seeking to and precluding the plaintiff above-captioned applications are desig­ Adopted May 23, 1973. from competing in such market. The nated for hearing in a consolidated pro­ Released May 24, 1973. complainant further charges that in ceeding at a time and place to be speci­ furtherance of the alleged restraint of fied in a subsequent order, upon the F ederal C ommunications wade the above defendants have: (1) C o m m is s io n ,* following issues: Opposed the granting of cable television [ s e a l ] B e n F . W a p l e , (CATV) rights to their parties, attempted 1. To determine with respect to the Secretary. «> delay CATV development in the Dallas application of Wadeco, Inc.: [PR Doc.73-10722 Piled 5-29-73;8:45 am] Metropolitan area and, at the same time, 3 Moreover, when action Is taken on the * Commissioner Johnson concurring in .. ? * . connection, it should be noted petition to deny, we will also consider the part and issuing a statement, filed as part t«!*•L* ProPosed bank loan adequately sets allegations raised by Mr. James T. Maxwell, of the original; Commissioner H. Rex Lee ™\the terms of principal repayment, the president of Civic Telecasting Corp., that concurring and issuing a statement, filed as wity required and the rate of interest to A. H. Belo Corp. has engaged in prohibited part of the original document; Commis­ oe charged. exparte presentations. sioner Hooks absent.

FEDERAL REGISTER. VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14188 NOTICES

[Dockets Nos. 16928, etc.; FCC 73-541] commitment to this Commission that tion that the proposed increase would CALIFORNIA WATER & TELEPHONE CO. such charges would not be increased contravene the economic stabilization ET AL. pending the outcome of our inquiry in regulations of the Cost of Living Coun­ this proceeding into what regulatory cil. Finally, General Telephone contends Memorandum Opinion and Order Regard* controls, if any, may be appropriate ing Oral Argument that the anticompetitive claims against and that General Telephone has flouted it were considered by the California In the matter of California Water & our processes and the antitrust laws and Commission and that, after extensive Telephone Co., Tariff FCC No. 1 and abused its natural monopoly power over hearings, that Commission found no Tariff FCC No. 2, Applicable to channel utility poles. CCTA contends that Gen­ Federal or State antitrust implications service for use by Community Antenna eral Telephone’s action, if allowed to on the record before it. General Tele­ Television Systems, docket No. 16928. stand, would inflict serious damage on phone notes that the California Supreme Tn the matter of The Associated Bell the broadband communications and Court denied review of that decision.2 System Cos., tariffs for channel service cable television industries. 4. The question raised by these plead­ for use by Community Antenna Tele­ 2. On April 30, 1973, prior to the an­ ings is whether we have jurisdiction over vision Systems, docket No. 16943. In the nounced May 1, 1973, effective date of ' the charges made by General Telephone matter of the General Telephone Sys­ General Telephone’s proposed increase to cable television operators for pole at­ tem and United Utilities, Inc. Cos., for pole attachment rates for cable tel­ tachments and, if so, what action we tariffs for channel service for use by evision operators, we requested the tele­ should take with respect to General Tele­ Community Antenna Television Sys­ phone company to defer any and all such phone’s proposed increase in such tems, docket No. 17098. proposed increases and to maintain the charges from $3 to $6 per pole per year. 1. The Commission has before it for status quo until we took further action This same issue is encompassed within the broader jurisdictional issues which consideration a formal petition filed on the petitions of CCTA and the Na­ we have undertaken to resolve in the by the California Community Television tional Cable Television Association, Inc. Association (CCTA) on April 26, 1973. (N C T A ). We stated that the petitions present phase of this consolidated pro­ raised substantial questions with respect ceeding, namely, the questions of (a) CCTA therein requested us to immedi­ “ What are the policies and practices of ately issue an order prohibiting General to the impact and propriety of the pro­ posed increases which warranted our telephone companies, electric utilities, Telephone Co. of California, Inc. (Gen­ and others with respect to pole line at­ eral Telephone) from implementing an prompt and careful consideration. How­ ever, before taking definitive action on tachment or conduit agreements or ar­ announced increase of its rental charges rangements with CATV operators; (b) to cable television companies for use of the petitions, we invited General Tele­ phone to respond to the allegations and Whether the Commission has jurisdic­ its telephone poles and further prohibit­ tion over the aforesaid agreements or ar­ ing any new and additional charges to contentions made therein. 3. Pursuant to our request for its views, rangements beyond that exercised in its cable television operators in connection decision in docket No. 18509 and, if so, the with their use of General Telephone’s General Telephone’s response noted that the question of the nature and extent of extent and nature of such jurisdiction public utility poles.1 In support of its and what action, if any, the Commission request for an immediate restraining our jurisdiction over CATV pole attach­ ments is before us in this proceeding should take with respect thereto”, 22 FCC order, CCTA alleges: (1) that there is no 2d 10, 12 (1970). Thus, in our mem­ cost justification for the proposed in­ which has been pending since 1966. Gen­ eral Telephone further noted our letters orandum opinion and order of April 22, crease (from $3 to $6 per pole per year) 1970, we emphasized that the purpose of and that none has been furnished of January 1970 which requested the ma­ jor telephone companies to defer any the present phase of the rulemaking pro­ despite repeated requests therefor; (2) ceeding herein is to obtain reliable fac­ that the increase was instituted without increase in pole attachment rates pend­ tual data concerning pole attachment ing the outcome of this proceeding and notice to the Commission, is contrary policies and practices in order to assist to prior representations of General Tele­ our assurance therein that we would us in determining “the nature and ex­ phone to us, and reflects a complete make every effort to resolve the jurisdic­ tent of (our) jurisdiction in this area disregard of our concern with pole at­ tional question at an early date. General and the need to exercise such jurisdic­ tachment rates, practices and policies; Telephone also stated that, contrary to tion.” 8 We did not concur in the pre­ (3) that the increase is an attempt to CCTA’s assertions, neither General Tel­ siding ofifiQpr’s ruling that the jurisdic­ create a fait accompli prior to our de­ ephone nor its parent, General Tele­ tional issue must be considered first on cision in this proceeding; (4) that Gen­ phone & Electronics Corp. (G TE ), ever briefs prior to the reception of any eral Telephone’s actions, threaten the made a commitment to the Commission evidence. At that time, we discharged economic viability of the California to abide by our request for such deferral. him from further responsibility for con­ cable operators and the ability of their General Telephone further stated that sideration of such issue. We also ex­ industry to meet the service require­ it did determine to temporarily withhold pressed our concern that the proceeding ments of our regulatory program for the increase in light of the above-men­ should be expedited and conducted, cable television; and (5) that if General tioned assurance. It contends that the within the bounds of fairness, so as to Telephone succeeds, other pole owning CCTA and NCTA petitions fail to state avoid undue delay.1 utilities will follow its example and our an adequate factual or legal basis for the 5. Unfortunately, a number of circum­ investment into this inquiry will have relief sought, even if it is assumed that stances have combined to delay the early been diffused. In sum, eC TA would have we have jurisdiction to grant such relief conclusion of the present evidentiary us find that General Telephone’s pro­ and that grant of such relief would not phase of this rulemaking proceeding. In posed increased pole rental charges con­ be fair to the telephones subscribers in this connection, we take note particularly stitute a major breach of an alleged California who would be required to sub­ of the initially promising but ultimately sidize CATV operations. Nevertheless, prolonged and unsuccessful attempts of General Telephone stated that, at our the principal parties to reach a nation­ 1Also before us are a letter to Chairman request, it would voluntarily defer the wide negotiated settlement of their dif­ Burch filed by CCTA on Apr. 20,1973, seeking effective date of its proposed increase for ferences. Also unforeseen was the death the same relief, a letter to the Chairman 3 months without prejudice to GTE’s po­ filed by National Cable Television Associa­ of the presiding officer and the need to tion on Apr. 26, 1973, in support of CCTA’s sition on the merits of the issues in this designate a substitute therefor well into request, a letter filed May 4, 1973, by Gen­ proceeding. In addition, General Tele­ the hearings. Further contributing to eral Telephone in opposition to grant of the phone, contrary to CCTA’s assertions, uncertainty and delay was the filing of a requested stay order; and an interlocutory contends that it has furnished cost data appeal filed by NCTA on Apr. 26, 1972, and in support of its pole rental charges in pleadings attendant thereto, and responses proceedings before both this Commission * Order S.F. No. 22954, filed Dec. 29,1972. by NCTA and CCTA to General Telephone’s ® California Water and Telephone Company, May 4, 1973, letter filed on May 14 and and the California Public Utilities Com­ et al., 22 FCO 2d 586, 588. May 16, 1973, respectively. mission. It also disputes NCTA’s allega­ * 22 FCC 2d at p. 587.

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973

I \ NOTICES 14189 number of interlocutory pleadings re- action on this matter and proceed ex­ other written comments for our consid­ ouesting reconsideration or clarification peditiously to resolve the broader issues eration upon the jurisdictional questions of our orders, or reversal of various rul­ herein as to our regulatory authority we must decide, vis, whether the Com­ ings of the presiding officer, and our rec­ with respect to pole attachment agree­ mission has jurisdiction over the agree­ ognition of the increasing importance ments and arrangements between tele­ ments or arrangements of telephone of the' role of cable television in the phone companies, electric utilities and companies, electric utilities, and others United States, e.g., Cable Television Re- others on the one hand, and cable tele­ with respect to pole line attachment or port and Order 36 FCC 2d 143 (1972). vision operators, on the other hand. conduit agreements or arrangements 6. We do not concur with CCTA that After resolving such issues, we will then with CATV operators beyond that exer­ General Telephone necessarily com­ take such action with regard to the spe­ cised in its decision in docket No. 18509 mitted itself to defer all increases in its cific rental charges of General Tele­ and, if so, the extent and nature of such pole rental charges indefinitely pending phone as we shall decide to be necessary jurisdiction and what action, if any, the our decision in this proceeding. Although or desirable. Moreover, in view of the Commission should take with respect we were disappointed with the manner in aforementioned delays in the comple­ thereto.8 We particularly request com­ which General Telephone chose, on or tion of the current evidentiary phase of ment upon the following: about March 30, 1973, to announce and our proceeding herein, we are of the (a) Are utility poles9 “wire communi­ implement its proposed increase, we were opinion that we should re-structure the cation” and/or “radio communication” pleased with the company’s response to procedures to be hereafter followed and within the meaning of subsections (a) our request to defer any such increase terminate the current phase of this pro­ and (b ), respectively, of section 3 of the until we took further action on the peti­ ceeding and spin off the jurisdictional Communications Act when such poles tions of CCTA and NCTA. While we had issues for immediate comments, briefing, are leased to cable television operators? indicated a maximum of 30 days as the and oral argument en banc. We believe (b) Are any pole rental charges or period within which we might be pre­ that the evidence of record to date in practices of public utilities applicable to pared to act upon the petitions, General this proceeding, coupled with comments, cable television operators a “ charge” or Telephone stated that it would, at our briefs, oral argument and such facts and “practice” within the meaning of sec­ request, voluntarily suspend the effective matters as we may officially notice, will tion 201 (b) of the Communications Act? date of its proposed increase an addi­ provide us with an adequate basis upon (c) Are the pole rental charges or prac­ tional 2 months beyond such 30 days. We, which to decide the jurisdictional issues. tices of public utilities to cable television hereby, do so request. This request is not We shall also direct the presiding officer operators “ charges, practices, classifica­ intended, and should not be construed, to immediately certify the present evi­ tions, regulations, facilities, or services as a finding that we have determined dentiary record to us without issuing for or in connection with * * * communi­ that the present $3 rate or the announced proposed findings of fact. Such action, cation service” within the meaning of $6 rate is reasonable or unreasonable. in our judgment, will best conduce to section 202(a) of the Communications 7. We must be concerned that the in­ the proper discharge of our business and Act? creased annual charges proposed by our responsibilities under the Communi­ (d) What jurisdiction under the Com­ General Telephone wilLnot impair our cations Act and to the ends of justice. munications Act does the Commission regulatory efforts and overall objectives This will leave for further evidentiary possess to regulate pole rental charges for the development of broadband com­ proceedings before the presiding officer and practices of (1) telephone common munications and cable television.® We questions concerning the lawfulness of carriers (2) public utilities other than have previously expressed our concern tariffs of the telephone companies (22 telephone common carriers and (3) other that pole rental practices by telephone FCC 2d 10). persons or entities to cable television companies could inhibit growth of the 9. Before specifying areas in which we operators? cable television industry to the extent will welcome briefs and comments, we (e) Should the Commission promul­ that it would be unable to carry out its wish to address NCTA’s interlocutory ap­ gate general guidelines governing the part of our national communications peal which seeks to reverse certain rul­ charges and practices with respect to pole policy.* We have also required that pole ings of the presiding officer. The rulings rental arrangements? attachment rental charges per se shall objected to excluded evidence and testi­ (f) I f the Commission has authority be reasonable as a condition to obtain­ mony of past practices of telephone com­ ing certificates under section 214 of the panies concerning pole attachment prac­ to assert jurisdiction over pole rental act. (See footnote 8, below.) tices and development of fees for pole charges and practices by telephone com­ 8. As indicated in our letter of April 30, attachment and lease of conduit space. mon carriers or other public utilities, 1973, to General Telephone, we are of The issue raised by NCTA’s appeal is should it do so in any case where such the opinion that we should take prompt whether evidence of past practices and charges and practices are subject to reg­ policies is relevant and admissible to ulation by a State commission or by local show the character and purpose of pres­ ' We have heretofore on a number of occa­ ent pole attachment practices and poli­ governmental authority, whether or not sions expressed our concern over actual or potential anticompetitive practices of tele­ cies. Since we have decided that the pres­ phone companies directed against or which ent phase of the evidentiary hearings 8 Our rules presently require a showing in could be directed against cable television should be immediately terminated, and applications of telephone common carriers operators. See, e.g , TeleCable Corporation, since NCTA’s interlocutory appeal is not for authority to construct or operate dis­ 19 FCC 2d 574 (1969); Dimension Cable TV, addressed to the tariff issues that are to tribution facilities for channel service to \nc- et al., 25 FCC 2d 520 (1970); Sterling be the subject of further evidentiary CATV systems that, among other things, the Manhattan Cable Television, Inc. et al., proceedings herein, that appeal is now CATV system proposed to be served had available, at its option, and within the limi­ 38 FCC 2d 1149 (1973); Section 214 Cer­ moot and will be dismissed. Our dismis­ tificates, 22 FCC 2d 746 (1970); affirmed tations of technical feasibility, pole attach­ General Telephone Company of the South­ sal of the appeal should not be construed ment rights (or conduit space, as the case west v. United States, 499 F. 2d 846 (1971); as foreclosing parties from addressing may be), at reasonable charges and without and National Community Television Assoc., past practices and policies bearing di­ undue restrictions on the uses that may be inc- (NCTA) et al., 6 FCC 2d 860 (1967). rectly on the jurisdictional issues made by the CATV operator of its own facil­ we also have taken cognizance of the United herein.7 ities. Such requirement (i.e., sec. 63.57 of our states Department of Justice’s expressed 10. Accordingly, we invite the parties rules) and our policy decisions accompanying oncern that the existing local monopoly herein and any other person or entity its adoption in docket No. 18509 were judi­ position of telephone companies as com- cially affirmed. See Section 214 Certificates, unications common carriers might prevent wishing to submit views to file briefs or 22 FCC 2d 746, 754 (1970); affirmed, General ' development of an independent cable Telephone Company of the Southwest v. television industry. (Section 214 Certificates, ’ We stress, however, that we are princi­ United States, 449 F. 2d 847 (1971). \%LC 2d 3°7, 3i4, 324.) pally concerned with deciding the legal issues »The term “pole” shall also include the J f°otnote 81 to Cable Television Report of our jurisdiction and not with resolving term “conduit” as used herein unless the m 0rder, 36 FCC 2d 141, 209 (1972). disputed questions of fact. context otherwise requires.

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14190 NOTICES such State or local governmental au­ ings forthwith and to promptly certify ing which Kerr will utilize as a shop thority has asserted its regulatory juris­ the record to the Commission without for general equipment repair. As com­ diction? I f jurisdiction is asserted, in issuing proposed findings of fact. pensation, Kerr will pay Port the sum of whole or in part by this Commission, 15. I t is further ordered, That NCTA’s $740 per month, which is in lieu of all should we promulgate broad guidelines interlocutory appeal is dismissed as applicable Port tariff charges. moot. and leave to the .discretion of the State Dated May 23,1973. and/or local governmental authorities 16. I t is further ordered, That the pe­ the manner in which such guidelines are titions of CCTA and NCTA are granted By order of the Federal Maritime Com­ to be implemented where such authori­ and denied to the extent reflected herein mission. ties have regulatory jurisdiction? and otherwise shall be held in abeyance pending our decision on the jurisdic­ F r a n c is C. H urney, (g) I f the Commission has authority Secretary. to assert jurisdiction over pole rental tional issues here before us, or our charges and practices of public utilities, further order. [FR Doc.73-10725 Filed 5-29-73;8:45 am] does such authority include the power Adopted May 22,1973. to (1) order the suspension of the effec­ Released May 23,1973. PORT OF SEATTLE AND KERR STEAMSHIP tive date of any such new or revised CO. charge or practice pendente lite, (2) re­ F ederal C ommunications Notice of Agreement Filed quire appropriate refunds of charges C o m m is s io n ,10 found to be excessive, and (3) require ap­ [ s e a l ] B e n F . W a p l e , Notice is hereby given that the follow­ propriate additional payments to the Secretary. ing agreement has been filed with the utility for charges found to have been [FR Doc.73-10723 Filed 5-29-73;8:45 am] Commission for approval pursuant to unreasonably low? section 15 of the Shipping Act, 1916, as (h) If CATV pole attachment activi­ amended (39 Stat. 733, 75 Stat. 763, 46 ties are not found to be a common car­ FEDERAL MARITIME COMMISSION U.S.C. 814). rier communications service subject to PORT OF SEATTLE AND KERR STEAMSHIP Interested parties may inspect and ob­ tariff regulation, how may the Commis­ CO. tain a copy of the agreement at the sion protect telephone ratepayers from Notice of Agreement Filed Washington office of the Federal Mari­ burdensome contracts for such activities time Commission, 1405 I Street NW., and ensure that such activities do not Notice is hereby given that the follow­ room 1015; or may inspect the agree­ result in technical or economic impair­ ing agreement has been filed with the ment at the Field Offices located at New ment of a carrier’s primary public Commission for approval pursuant to sec­ York, N.Y., New Orleans, La., and San services? tion 15 of the Shipping Act, 1916, as Francisco, Calif. Comments on such (i) Should the Commission require amended (39 Stat. 733, 75 Stat. 763, 46 agreements, including requests for hear­ carriers and other utilities to file, for U.S.C. 814). ing, may be submitted to the Secretary, information purposes, a copy of their re­ Interested parties may inspect and ob­ Federal Maritime Commission, Wash­ spective CATV p61e attachment agree­ tain a copy of the agreement at the ington, D.C. 20573, on or before June 19, ment forms currently in use, and if such Washington office of the Federal Mari­ 1973. Any person desiring a hearing on forms be amended, a copy of each such time Commission, 1405 I Street NW., the proposed agreement shall provide a amended form showing the effective date room 1015; or may inspect the agreement clear and concise statement of the mat­ of any such amendment? at the Field Offices located at New York, ters upon which they desire to adduce 11. In view of the foregoing, It is here­ N.Y., New Orleans, La., and San Fran­ evidence. An allegation of discrimination by ordered, Pursuant to sections 4 (i), cisco, Calif. Comments on such agree­ or unfairness shall be accompanied by a 4 (j), 208 and 403 of the Communications ments, including requests for hearing, statement describing the discrimination Act of 1934, as amended, That the issue may be submitted to the Secretary, Fed­ or unfairness with particularity. If a of the nature and extent of the Commis­ eral Maritime Commission, Washington, violation o f the act or detriment to the sion’s jurisdiction over the policies and D.C. 20573, on or before June 19, 1973. commerce of the United States is al­ practices of pole rental charges to cable Any person desiring a hearing on the leged, the statement shall set forth with television operators by telephone com­ proposed agreement shall provide a clear particularity the acts and circumstances mon carriers and by other public utili­ and concise statement of the matters said to constitute such violation or detri­ ties is, hereby, Designated for oral argu­ upon which they desire to adduce evi­ ment to commerce. ment before the Commission en banc in dence. An allegation of discrimination or A copy of any such statement should Washington, D.C. commencing on July. unfairness shall be accompanied by a also be forwarded to the party filing the 24,1973, at a time to be specified by sub­ statement describing the discrimination agreement (as indicated hereinafter) sequent order. or unfairness with particularity. If a vio­ and the statement should indicate that 12. It is further ordered, That the par­ lation of the act or detriment to the this has been done. ties herein and any other person or en­ commerce of the United States is alleged, Notice of agreement filed by: tity may file briefs or other written com­ the statement shall set forth with par­ Mrs. E. Odell, Department of Real Estate, ments addressed to this issue on or ticularity the Acts and circumstances said Port of Seattle, P.O. Box 1209, Seattle, before July 2,1973, and replies on or be­ to constitute such violation or detriment Wash. 98111. fore July 16,1973. to commerce. 13. I t is further ordered, That each A copy of any such statement should Agreement No. T-2784, between the person or entity intending to participate also be forwarded to the party filing the Port of Seattle (Port) and Kerr Steam­ in the oral argument shall file a brief in agreement (as indicated hereinafter) ship Coi (K err), provides for the 5-year accordance with the preceding para­ and the statement should indicate that lease of a single-story building which graph, and a statement of intention to this has been done. Kerr will utilize for offices, Kerr in turn appear, specifying the amount of time Notice of agreement filed by: will pay Port $185 per month for rental requested, by no later than 10 days from of the office building. This rental will pe the release of this document. The Com­ Mrs. E. Odell, Department of Real Estate, Port of Seattle, P.O. Box 1209, Seattle, in lieu of all applicable Port tariff mission reserves the right to select ap­ Wash. 98111. ph q rorpe propriate spokesmen to participate in the Dated May 23,1973. oral argument, and it is not to be pre­ Agreement No. T-2785, between the sumed that all parties who file a state­ Port of Seattle (Port) and Kerr Steam­ By order of the Federal Maritime ship Co. (K e rr), provides for the 5-year ment of intention to participate will be Commission. allowed to so participate. lease (with renewal options) of a build- F r a n c is C. H urney, 14. It is further ordered, That the pre­ “ Commissioners Robert E. Lee, Wiley and Secretary. siding officer is directed to terminate the Hooks absent; Commissioners Johnson and present phase of the evidentiary hear­ Reid concurring in the result. [FR Doc.73-10726 Filed 5-29-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 NOTICES 14191

FEDERAL POWER COMMISSION 1973, filed a response to Consumers’ mo­ make comments or suggestions, on the tion in which it stated that it did not ob­ record, which will be taken into con­ [Docket No. RP73-74] ject to the proposed extension of time sideration by the Commission in deter­ ALGONQUIN GAS TRANSMISSION CO. requested by Consumers but requested mining the appropriate action to be Notice of Further Postponement of Pre- that the issue of anticompetitive rates, taken. hearing Conference and Hearing as alleged by Cities/Coops, be tried in In light of the number of written com­ accordance with the procedural dates ments that have been received it is re­ M a y 21, 1973. contained in the January 5, 1973, order quested that spokesmen for groups with On May 21,1973, Algonquin Gas Trans­ on the grounds that Cities/Coops may common interests be selected wherever mission Co., filed a motion for further lose customers during the time Consum­ possible. change in the procedural dates fixed by ers proposed increased rates remain in M a r y B . K id d , notice issued April 5, 1973 in the above- effect. On May 3, 1973, Consumers filed Acting Secretary. designated matter. The motion states an answer in opposition to Cities/Coops [FR Doc.73-10647 Filed 5-29-73;8:45 am] that no party has any objection to the request in which it contends and argues motion. „ . ■ . . that antitrust issues are so interrelated Upon consideration, notice is hereby with other issues in a rate proceeding [Docket Nos. CP71-222; CP71-223] given that the procedural dates in the that they cannot properly be considered GREAT LAKES GAS TRANSMISSION CO. above-designated' matter are further separately. modified as follows: By notice of the Secretary, issued Notice of Extension of Time and Prehearing conference, June 11,1973 (10 a.m., May 4, 1973, the procedural dates were Postponement of Hearing e . d .t . ) . extended and the prehearing conference M a y 18, 1973. Hearing, June 19,1973 (10 a.m., e.d.t.). and hearing were postponed as requested On May 9, 1973, Great Lakes Gas M a r y B . K id d , in Consumers’ motion, subject to fur­ Transmission Co. requested a postpone­ Acting Secretary. ther order with regard to Cities/Coops ment of the procedural dates established request as to the aforementioned issue. [PR Doc.73-10648 Filed 5-29-73;8:45 am] by the order issued April 23, 1973, in the Upon consideration of Cities/Coops’ re­ above designated matter. The request sponse and Consumers’ answer it is our states that the other parties to this pro­ [Docket No. E-7798] view that the anticompetitive issue be ceeding, Union Gas Co. of Canada, Ltd., tried in accordance with the procedural Northern and Central Gas Co., Ltd., and CENTRAL VERMONT PUBLIC SERVICE dates as contained in our January 5,1973, CORP. TransCanada Pipelines Ltd., all concur in order. However, we do not believe it is this request. Notice of Extension of Time and Postpone­ proper that this issue be the subject of Upon consideration, notice is hereby ment of Prehearing Conference and a separate initial phase decision by the Hearing given that the procedural dates in the administrative law judge but that he above matter are modified as follows: M a y 17,1973. should decide all the issues in this pro­ ceeding in a single initial decision based Service of Great Lakes’ case-in-chief, Aug. On May 2, 1973, the villages of Hyde 21, 1973. Commencement of hearing, Sept. Park et al. filed a motion for a 2-day upon the entire evidentiary record. 11, 1973 (10 a.m., e.d.t.) . postponement of the prehearing confer­ The Commission orders ence. On May 4, 1973, staff counsel filed M a r y B . K id d , (A ) The anticompetitive issue raised Acting Secretary. amotion for an extension of the proce­ by Cities/Coops in this proceeding shall dural dates as established by order issued be tried in accordance with the proce­ [FR Doc.73-10651 Filed 5-29-73;8:45 am] December 29, 1972. The motions state dural schedule set forth in the Commis­ that there was no opposition to the re­ sion’s order issued herein on January 5, [Docket No. RP73-79] quests. 1973. Upon consideration, notice is hereby (B) The administrative law judge shall GULF ENERGY & DEVELOPMENT CORP. given that the procedural dates in the issue a single initial decision in this pro­ Order Accepting for Filing and Allowing above-designated matter are modified as ceeding based upon the entire eviden­ Proposed Rate Schedule To Become follows: tiary record. Effective M a y 17, 1973. Staff evidence, June 15,1973. By the Commission. Prehearing conference,1 June 22, 1973 (10 On January 31, 1973, Gulf Energy & am. e.d.t.). [ s e a l ] M a r y B. K id d , Development Corp. (Gulf Energy) ten­ Intervener evidence, July 5,1973. Acting Secretary. dered for filing an increase in its gather­ Company rebuttal, July 26,1973. ing rate1 applicable to Tennessee Gas Cross-examination, August 10, 1973 (10 a.m., [FR Doc.73-10650 Filed 5-29-73;8:45 am] e.d.t.). Pipeline Co. (Tennessee). The increase would have increased jurisdictional reve­ K e n n e t h P . P l u m b , [Docket No. R-463] Secretary. nues by $357,640 annually, based on the FILING OF ELECTRIC SERVICE TARIFF year ending September 30, 1972, as ad­ [PR Doc.73-10649 Filed 5-29-73;8:45 am] CHANGES justed, and would have increased the rate from 2.85C/M ft3 to 6.35C/M ft8. Notice of Rulemaking Conference [Docket No. E-7803] Gulf Energy proposed an effective date M a y 22, 1973. of April 20, 1973.2 CONSUMERS POWER CO. Take notice that at 10 a.m., June 5, Gulf Energy states that it has ren­ Order Denying Request for Separate Hear­ 1973, a conference concerning the above dered service since 1960 under a fixed ing on Limited Issue and Restoring docket will be held in a conference room rate prescribed by contract, and that the Original Procedural Dates of the Federal Power Commission, 825 present rate had its origin in the gas gathering service as it was commenced M a y 22,1973. " North Capitol Street NE., Washington, at that time. Because costs have in­ Consumers Power Co. (Consumers), D.C. 20426. At this conference, interested creased and volumes diminished, Gulf on Aprü 25, 1973, filed a motion for re­ parties will have the opportunity to vision of procedural dates fixed by Com- Energy seeks an increase to recover its nussion order issued January 5, 1973, in ¡¡T proceeding. The Cities/Coops 1The cities of Bay City, Charlevoix, Cold- 1 Fourth revision to its FPC rate schedule woup, interveners herein, on April 27, water, Harbor Springs, Hillsdale, Marshall, No. 1. Petoskey, St. Louis, and Union City, the. vil­ 2 By letter dated March 12, 1973, Gulf En­ lage of Chelsea and the Northern Michigan ergy requested an effective date of March 30, New address of the Federal Power Com- Electric Cooperative, Inc., the Southeastern 1973, and by letter dated March 20, 1973, w0TC?Q wU1 be: 825 North Capitol Street NE., Michigan Rural Electric Cooperative, Inc., further requested an effective date of April Washington, D.C. and the Wolverine Electric Cooperative, Inc. 20. 1973.

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14192 NOTICES cost of service, which is not being re­ zation Act of 1970, as amended, Execu­ Issued by the Commission on July 17, i97oi covered on the basis of the present rate, tive Order 11695, and the rules and reg­ in docket No. R-389A should be utilized (35 ulations issued thereunder. FR 11638). The Commission will consider if and thereby correct revenue deficiencies. the pipeline demonstrates emergency need Included in the filing was a request to (2) Gulf Energy’s proposed rate sched­ * * * continue to amortize organization ex­ ule should be accepted for filing. penses as well as to reduce the deprecia­ (3) Gulf Energy’s proposed rate is not Paragraph 12 of R-389A provided, in tion rate from 5 percent to 3.85 percent excessive, unduly discriminatory, or part, that applicants, requesting certifi­ and restate the accumulated deprecia­ otherwise unjust or unreasonable, and cates for sales of natural gas in excess tion reserve, and to realize an overall should become effective May 17, 1973. of the ceiling or guideline rate, shall rate of return of 12.803 percent. (4) Because Tennessee is affected by state the grounds for claiming that the A copy of the filing was served on Ten­ the proposed rate increase, good cause present or future public convenience and nessee. The filing was noticed on Febru­ exists to grant Tennessee’s petition. necessity requires issuance of a certifi­ ary 15, 1973, with comments due on cate on the terms proposed in the appli­ The Commission orders cation. February 28, 1973. Tennessee filed a pe­ (A) Gulf Energy’s fourth revision to tition to intervene on February 27, 1973, The application in this proceeding rep­ FPC rate schedule No. 1 is hereby ac­ resents a sizeable volume of gas poten­ alleging that the higher gathering cepted for filing to become effective May charge will result in an increase to Ten­ tially available to the interstate market. 17, 1973. In view of data which indicates to the nessee and that its economic interests (B) Tennessee is hereby permitted to Commission the inability of interstate cannot be adequately represented by any intervene in this proceeding. pipelines to procure contracts for emer­ other party. (C) The Secretary of the Commission gency supplies of gas, we believe it ad­ On April 16, 1973, Gulf Energy shall cause prompt publication of this visable to act expeditiously by setting amended its original filing to reflect ad­ order in the Federal Register. this application for public hearing. The ditional adjustments in its cost of serv­ hearing will be held to allow presenta­ ice as to depreciation, rate of return, and By the Commission. tion, cross-examination, and rebuttal of Federal income taxes. With this amend­ [seal] Mary B. Kidd, evidence by any participant. This evi­ ment, Gulf Energy proposed a rate of Acting Secretary. dence should be directed to the issue of 5A24 per M ft3, in lieu of the 6 .3 5 per [FR Doc.73-10652 Filed 5-29-73:8:45 am] whether the present or future public M ft3 previously proposed, to become ef­ convenience and necessity requires is­ fective May 17, 1973. The total increase suance of a limited-term certificate on in jurisdictional revenues would be [Docket No. CI73-674] the terms proposed in that application. $262,610 annually rather than the origi­ Pursuant to the notice of the instant nally proposed $357.640. JONES & PELLOW OIL CO. application issued April 12, 1973, Nat­ A copy of the amended filing was Order Setting Matter for Formal Hearing, ural Gas Pipeline Co. of America filed a served on Tennessee. The filing was Permitting Intervention, Prescribing petition to intervene. noticed on April 23,1973, with comments Procedures, and Fixing Date of Hearing The Commission finds due on May 9,1973. No protests, petitions to intervene, or comments have been M a y 21, 1973. (1) Good cause exists to set for formal received. On April 15,1971, the Commission, act­ hearing the application for a limited- ing pursuant to the authority of the term certificate herein. Gulf Energy originally proposed to re­ (2) It may be in the public interest to state for ratemaking purposes the Natural Gas Act, as amended, particu­ booked accumulated reserve for depreci­ larly sections 4, 5, 7, 8,10, and 16 thereof permit Natural Gas, which filed a timely ation on the basis of a 26 year life or (52 Stat. 822, 823, 824, 825, 826, 830; 56 petition, to intervene in this proceeding. 3.85 percent annual rate rather than a U.S.C. secs. 7.17c, 717d, 717f, 717g, 717i, The Commission orders 5 percent rate. In its April 16, 1973, and 717)-, issued order 431 promulgating (A ) The application for limited-term amendment, Gulf Energy adjusted the a statement of general policy, with re­ certificate for sale of natural gas filed in accumulated reserve for depreciation on spect to the establishment of measures to docket No. CI73-674 is hereby set for the basis of 4y2 percent per annum, the be taken for the protection of as reliable hearing. actual depreciation rate reflected in the and adequate service as present natural (B) Pursuant to the authority con­ initial rate of Gulf Energy approved in gas supplies and capacities will permit. tained in and subject to the authority its original certificate in docket No. Jones & Pellow Oil Co. (Jones & Pellow) conferred upon the Federal Power Com­ CI61-282, FPC rate schedule No. 1, dated has filed, in the above-entitled docket No. mission by the Natural Gas Act, includ­ August 18, 1960, and which was found to CI73-674, an application, pursuant to ing particularly sections 7, 15, and 16, be representative of Gulf Energy’s section 7(c) of the Natural Gas Act and and the Commission’s rules and regula­ operations. pursuant to order No. 431 in docket No. tions under that act, a public hearing In its amended filing, Gulf Energy 418, for a limited-term certificate of pub­ shall be held commencing, June 18,1973, proposed an overall rate of return of lic convenience and necessity with pre­ at 10 a.m. (e.d.t.) at a hearing room of 10.46 percent, which returns 10 percent granted abandonment, authorizing the the Federal Power Commission, 825 on common equity. This is based on a operation of certain facilities for the sale North Capitol Street NE., Washington, long term debt cost of 10.99 percent, re­ of emergency gas to Natural Gas Pipeline D.C. 20426, concerning whether the pres­ sulting from long term financing obli­ Co. of America (Natural Gas). The ent or future convenience and necessity gations of 4-4 y2 percent above the pres­ limited-term certificate provides that requires the issuance of a limited-term ent day prime interest rate of 6.75 Jones & Pellow sell to Natural Gas ap­ certificate for the sale of natural gas on percent. proximately 90,000 M ft3 per month for the terms proposed in this application An adjustment was made in the Fed­ a period of 3 years. The contractually and whether the issuance of said cer­ eral income taxes at 48 percent by cal­ agreed rate is 52c/MMBtu at 14.65 tificate should be conditioned in any way. culating them on the basis of 10.46 per­ lb/inza. (C) Natural Gas Pipeline Co. of cent. Gulf Energy’s proposal to continue In order 431, the Commission amended America is hereby permitted to become to amortize the original amount of part 2, subchapter A, general rules, chap­ an intervenor, subject to the rules an $167,000 attribution organization ex­ ter I, title 18 of the Code of Federal regu­ regulations of the Commission; Pr0~ penses is founded on the fact that the lations by adding a new § 2.70, which vided, however, That participation o amount was included in the original cer­ reads; such intervenor shall be limited to ma tificate dated April 18, 1960, in docket (3) The Commission recognizing that addi­ ters affecting asserted rights and inter­ No. CI61-282. tional short-term gas purchases may still be ests as specifically set forth in thepe i The Commission finds necessary to meet the 1971-72 demands, will continue the emergency measures referred to tion to intervene; And, provided, furt er. (1) The rate increase granted in this earlier for the stated 60-day period. If the That the admission of such interveno case has been reviewed in light of and emergency purchases are to extend beyond is consistent with the Economic Stabili­ the 60-day period, paragraph 12 in the notice shall not be construed as recognition by

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 NOTICES 14193 the Commission that it might be ag­ Applicants state that no new or ad­ Applicant proposes to deliver to Texas grieved because of any order of the Com­ ditional jurisdictional facilities are re­ Eastern up to 5,000 M ft3 of gas per day mission entered in these proceedings. quired in order, to effect the proposed in Lavaca County, Tex., and up to 10,000 (D) The applicant seeking the limited-change^ M ft3 of gas per day in Harris County, term certificate and the prpposed pur­ Applicants request pregranted aban­ Tex., in return for equivalent volumes chaser, Natural Gas, shall, on or before donment authorization for the transac­ of gas to be redelivered by Texas Eastern May 25, 1973, file with the Commission tion proposed herein. in Brazoria County, Tex. This is a gas- and serve on all parties to this proceed­ Any person desiring to be heard or for-gas exchange, and no monetary com­ ing, including Commission staff, all tes­ to make any protest with reference to pensation is provided for volumes ex­ timony to be sponsored in support of the said application should on or before changed. The exchange agreement be­ instant application. June 11, 1973, file with the Federal tween Applicant and Texas Eastern is By the Commission. Power Commission, Washington, D.C. for a term of 20 years and provides for 20426, a petition to intervene or a pro­ monthly correction of imbalances in de­ [ seal] M a r y B . K id d , test in accordance with the require­ liveries. Applicant proposes to deliver Acting Secretary. ments of the Commission’s rules of gas purchased in Lavaca County under a [PRDoc.73-10655 Piled 5-29-73;8:45 am] practice and procedure (18 CFR 1.8 or 2-year contract with Mitchell Energy & 1.10) and the regulations under the Development Corp., et al., and purchased Natural Gas Act (18 CFR 157.10). All in Harris County under a 20-year con­ [Docket No. CP73-295] protests filed with the Commission will tract with Inexco Oil Co. 'Applicant be considered by it in determining the states that the proposed exchange will LACLEDE GAS CO. ET AL. appropriate action to be taken but will obviate the need for construction of ex­ Notice of Application not serve to make the protestants parties tensive pipeline facilities to receive gas purchased from the producers into its M a y 18, 1973. to the proceeding. Any person wishing to become a party to a proceeding or to system. Take notice that on May 3, 1973, participate as a party in any hearing Applicant proposes to construct and Laclede Gas Co. (Laclede), 720 Olive therein must file a petition to intervene operate measuring and tap facilities in Street, St. Louis, Mo. 63101, Illinois in accordance with the Commission’s Lavaca, Harris, and Brazoria Counties Power Co. (IP C ), 500 South 27th Street, rules. at a cost of $72,000 to be financed with Decatur, HI. 62525, Mississippi River funds on hand. Transmission Corp. (Mississippi), 9900 Take further notice that, pursuant to the authority contained in and subject to Any person desiring to be heard or to Clayton Road, St. Louis, Mo. 63124, and make any protest with reference to said Natural Gas Pipeline Co. of America the jurisdiction conferred upon the Fed­ eral Power Commission by sections 7 and application should on or before June 11, (Natural), 122 South Michigan Avenue, 1973, file with the Federal Power Com­ Chicago, HI. 60603, filed in docket No. 15 of the Natural Gas Act and the Com­ mission’s rules of practice and proce­ mission, Washington, D.C. 20426, a peti­ CP73-295 an application pursuant to tion to intervene or a protest in accord­ section 7 of the Natural Gas Act for a dure, a hearing will be held without fur­ ther notice before the Commission on ance with the requirements of the Com­ certificate of public convenience and mission’s rules of practice and procedure necessity for Mississippi and Natural au­ this application if no petition to inter­ vene is filed within the time required (18 CFR 1.8 or 1.10) and the regulations thorizing the exchange of gas for 1 year under the Natural Gas Act (18 CFR to permit the testing of potential stor­ herein, if the Commission on its own review of the matter finds that a grant of 157.10). All protests filed with the Com­ age reservoirs and for a disclaimer of mission will be considered by it in deter- jurisdiction for Laclede and ICP, all as the certificate and permission and ap­ proval for the proposed abandonment ming the appropriate action to be taken more fully set forth in the application but will not serve to make the protestants which is on file with the Commission and are required by the public convenience and necessity. If a petition for leave to parties to the proceeding. Any person open to public inspection. wishing to become a party to a proceed­ Applicants propose that, from time intervene is timely filed, or if the Com­ mission on its own motion believes that ing or to participate as a party in any to time during the months of July hearing therein must file a petition to through October 1973, Natural will de­ a formal hearing is required, further notice of such hearing will be duly given. intervene in accordance with the Com­ liver natural gas to IPC for the account mission’s rules. of Mississippi at an existing point of Under the procedure herein provided for, unless otherwise advised, it will be Take further notice that, pursuant to interconnection between Natural ' and the authority contained in and subject IPC near Centralia, HI. Mississippi will unnecessary for applicants to appear or be represented at the hearing. to the jurisdiction conferred upon the then reduce its takes from Natural by Federal Power Commission by sections 7 like amounts, and IPC will make the gas M a r y B . K idd, and 15 of the Natural Gas Act and the it receives from Natural available to Acting Secretary. Commission’s rules of practice and pro­ Laclede for injection and other testing [FR Doc.73-10654 Filed 5-29-73;8:45 am] cedure, a hearing will be held without operations in a storage project identified further notice before the Commission on as the Stubblefield Storage Area in Bond [Docket No. CP73-289] this application if no petition to inter­ County, 111., to be operated by Laclede vene is filed within the time required Pipeline Co., a wholly owned subsidiary NATURAL GAS PIPELINE CO. OF AMERICA herein, if the Commission on its own re­ of Laclede. Prom November 1973 through March 15, 1974, the deliverability char­ Notice of Application view of the matter finds that a grant of acteristics of the storage reservoirs will M a y 18, 1973. the certificate is required by the public be tested. The gas withdrawn from stor­ Take notice that on April 25, 1973, convenience and necessity. If a petition age during that period will be delivered Natural Gas Pipeline Co. of America for leave to intervene is timely filed, or to IPC for use in its supply areas in Hli- (Applicant), 122 South Michigan Ave­ if the Commission on its own motion be­ nois. IPC will simultaneously reduce its nue, Chicago, HI. 60603, filed in docket lieves that a formal hearing is required, takes from Mississippi by like amounts No. CP73-289 an application pursuant further notice of such hearing will be and Mississippi will deliver equal vol­ to Section 7(c) of the Natural Gas Act umes of gas to Laclede for the account for a certificate of public convenience duly given. of IPC. and necessity authorizing Applicant to Under the procedure herein provided Laclede and IPC request that the exchange natural gas with Texas East­ for, unless otherwise advised, it will be Commission find that each of them and ern Transmission Corp. (Texas Eastern) unnecessary for Applicant to appear or any functions each may perform in con­ and to construct and operate facilities be represented at the hearing. nection with the exchange as described therefor, all as more fully set forth in and the proposed testing of the stor- the application which is on file with M a r y B . K id d , age formation are exempt from the the Commission and open to public Acting Secretary. Commission’s jurisdiction. inspection. [FR Doc.73-10656 Filed 5-29-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 103—WEDNESDAY, MAY 30, 1973 No. 103—Pt. I----7 14194 NOTICES

[Dockets Nos. CI73-715, CI73-722] tic Island gas. Applicant contends that Under the procedure herein provided NORRIS OIL CO. the proposed initial prices are less than for, unless otherwise advised, it will be those contained in recently negotiated Notice of Applications unnecessary for Applicant to appear or intrastate producer contracts in Louisi­ be represented at the hearings. M a y 21,1973. ana and other producing areas and are below the initial prices now being offered M a r y B. K idd, Take notice that on April 25 and 30, Acting Secretary. 1973, Norris Oil Co.1 (Applicant), P.O. by intrastate purchasers. Box A -l, Ventura, Calif. 93001, filed in Applicant alleges that the instant [FR Doc.73-10657 Filed 5-29-73;8:45 am] dockets Nos. CI73-715 and CI73-722, re­ prices are reasonable in the light of its spectively, applications pursuant to sec­ drilling experience. Applicant states that [Dockets Nos. CI72-301, etc.] tion 7(c) of the Natural Gas Act and it has drilled one well in the Logansport Field at a completed cost of $556,348.18, NORTHERN MICHIGAN EXPLORATION CO § 2.75 of the Commission’s general policy ET AL. and interpretations (18 CFR 2.75) for which does not take into account several certificates of public convenience and items such as abstracts, division order Order Denying Rehearing, Providing Clari­ necessity authorizing sales for resale and title opinion, and completion of salt fication, and Permitting Late Intervention delivery of natural gas in interstate com­ water disposal facilities. Applicant fur­ M a y 18, 1973. merce to Southern Natural Gas Co. ther states that approximately one-half Northern Michigan Exploration Co (Southern) from the Logansport and of the producing. zones are completed dockets Nos. CI72-301, CI72-770; Michi­ Grand Cane Fields, respectively, De Soto and it estimates that an additional $201,- gan Gas Storage Co., dockets Nos. CP72- Parish, La., all as more fully set forth in 156 will be required to stimulate those 122, Trunkline Gas Co., CP72-128, the applications which are on file with zones presently behind pipe. Applicant Corbin J. Robertson, et al., CI73-495. the Commission and open to public also states that the present gross reve­ Our order of March 20, 1973, in these inspection. nues from ten producing wells in the Lo­ proceedings directed the presiding ad­ Applicant in docket No. CI73-715 pro­ gansport Held at the present area rate ministrative law judge to grant an appli­ poses under the optional gas pricing pro­ make the drilling of further wells at cation filed by the Central Illinois Light cedure to sell natural gas to Southern today’s cost unreasonable due to the long Co., to elicit information on the issue of from the Logansport Field at a rate of payout and low interest on the substan­ vertical integration— the issue that con­ 48.5c/M ft3 at 15.025 lb/in2a, subject to tial investment. Applicant points out cerns the entry of natural gas distribu­ Btu adjustment plus 1.5c/M ft3 tax that the wells or units remaining to be tors in the production business. We indi­ reimbursement, pursuant to a contract drilled in the Logansport Field, con­ cated that in our view that issue is of dated January 1, 1949, as ratified and trolled by it, are edge locations to the critical importance in this case, and we amended on March 20, 1973. The con­ field and it expects that fewer and thin­ concluded that we could not wisely decide tract, as amended, provides for lc/M ner production sands will be found as the case if we did not have before us a ft3 price escalations each year and for the field is drilled around its perimeter. record “ full and complete on the issue of reimbursement to the seller for seven- In the Crane Field Applicant indicates vertical integration * * We noted eighths of all taxes in excess of 3.3c/M ft3. that it intends to spud a well with the further that this issue comprehends a Applicant proposes to sell this gas from Hosston Zone as its objective, a zone number of public policy questions, and well or wells commenced on or after where it is difficult to estimate reserves to several of these we made reference. April 6, 1972, including one well from due to the peculiarities of the sands and Two parties have sought rehearing. On which it has been selling gas pursuant to short production history. April 19, the Associated Gas Distributors its small producer certificate in docket Any person desiring to be heard or to filed an application for rehearing for the No. CS72-1081. make any protest with reference to said purpose of clarification. It contends that Applicant in docket No. CI73-722 pro­ applications should on or before June 11, our March 20 order states the issue too poses to also sell gas under the optional 1973, file with the Federal Power Com­ broadly, that our decision in the case gas pricing procedure to Southern from mission, Washington, D.C. 20426, a peti­ ought to be confined to the applications the Grand Crane Field at a rate of 50c/ tion to intervene or a protest in accord­ before us, and that we ought not to es­ M ft3 at 15.025 lb/inza, subject to upward ance with the requirements of the Com­ tablish a policy here applicable to other and downward British thermal unit ad­ mission’s rules of practice and procedure proposals not yet filed. Also on April 19 justment, pursuant to a contract dated (18 CFR 1.8 or 1.10). All protests filed the Laclede Gas Co. applied for rehear­ March 20, 1973. Said contract provides with the Commission will be considered ing, clarification, and modification, and for lc/M ft3 price escalations each year by it in determining the appropriate ac­ its position parallels that of the Associ­ and for reimbursement to the seller for tion to be taken but will not serve to ated Gas Distributors. Laclede is also seven-eighths of all taxes in excess of make the protestants parties to the pro­ concerned that we may undertake in this 3.3c/M ft3. ceeding. Any person wishing to become case to establish a policy of general ap­ a party to a proceeding or to participate plication, and it urges that our decision Applicant asserts that the instant gas as a party in any hearing therein must at the proposed initial prices with esca­ be confined to the facts of the particular file a petition to intervene in accordance case before us. lations will be more reliable and less with the Commission’s rules. costly than any of a number of alterna­ Our position does not differ from that tive sources of pipeline supplies for which Take further notice that, pursuant to of these two parties. We have no inten­ certificates have been issued, applications the authority contained in and subject tion of undertaking to decide in these are now pending before the Commission to the jurisdiction conferred upon the proceedings any issues other than those or active consideration is being given by Federal Power Commission by sections 7 arising from the facts presented in the pipeline companies. Applicant further and 15 of the Natural Gas Act and the case, and in deciding those issues, we do asserts that the initial prices with esca­ Commission’s rules of practice and pro­ not expect thereby to dispose of other lations are the product of arm’s length cedure, hearings will be held without cases which may some day come before negotiations and that the costs to be further notice before the Commission on us. Our opinions customarily have, as passed on to Southern’s customers and these applications if no petition to inter­ the Associated Gas Distributors recog­ ultimate consumers will be less than the vene is filed within the time required nize, precedential consequences, for the delivered cost of gas from any number of herein, if the Commission on its own re­ policies of this Commission are often alternative sources of supply including view of the matter finds that a grant of developed from individual adjudicatory synthetic gas from liquid hydrocarbons the certificates is required by the public proceedings. We would thus expect that convenience and necessity. I f a petition and coal gasification, liquefied natural gas distributors who contemplate enter­ for leave to intervene is timely filed, or ing the production business will read our gas, Canadian gas, Alaskan gas, and Arc- if the Commission on its own motion be­ opinion in this case with more than pass­ lieves that formal hearings are required, ing interest. But when we issue our 1 Applicant is filing individually and as further notice of such hearings will be opinion in these proceedings, we will not agent for Kent Upson and Leroy Poll. duly given. be deciding any case other than the one

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14195

with the Commission will be considered before us. We do not believe our March filed a proposed amendment to stipula­ 20 order suggests the contrary, and we tion and agreement, which would amend by it in determining the appropriate ac­ therefore deny rehearing, but the fore­ the proposed stipulation and agreement tion to be taken but will not serve to going discussion may serve to clarify our filed with this Commission on January make the protestants parties to a pro­ ceeding. Persons wishing to become par­ position. • 18, 1973, in the above-styled dockets. On April 4, 1973, the Southern Cali­ This proposed stipulation and agree­ ties to a proceeding or to participate as fornia Gas Co. petitioned for late inter­ ment provides for settlement of the pro­ a party in any hearing therein must file vention. The petitioner recognizes that ceedings herein. petitions to intervene in accordance with intervention petitions were to be filed The proposed amendment provides the Commission’s rules. The application by December 17, 1971, but it points out that the commodity levels of Northern’s is on file with the Commission and avail­ that the crystallization of the vertical rates remain as filed in dockets Nos. able for public inspection. integration issue did not occur until our RP71—107 and RP72-127, which results M a r y B . K id d , order of March 20, 1973, appeared. The in an increase in the initial settlement Acting Secretary. commodity rates of 1.76c/M ft3 in petitioner states that companies affili­ [FR Doc.73-10660 Filed 5-29-73;8:45 am] ated with it are currently searching for RP71-107 and 3.27c/M ft3 in RP72- new gas supplies, and that its interest 127, and that the rate reduction agreed in these proceedings is therefore clear. to by the parties in these proceedings [Docket No. E-7777] In a supplement to its petition filed on be reflected entirely in the demand April 18, the Southern California Gas Co. component of Northern’s filed rates, PACIFIC GAS & ELECTRIC CO. states that its intervention will not re­ which results in a decrease in the initial Notice of Further Extension of Time and sult in any delay in the proceedings. In settlement demand rates of 45.1c/M Postponement of Prehearing Conference light of the foregoing circumstances, we ft3 in RP71-107 and 83.5c/M ft3 in and Hearing will grant the petition for late RP72-127. M a y 18, 1973. intervention. The proposed amendment to stipula­ On May 15, 1973, Commission Staff tion and agreement is on file with the The Commission further finds Counsel filed a motion for a further ex­ Commission and is available for public tension of the service dates as fixed by (1) The assignments of error and inspection. Comments with respect the notice issued March 7, 1973, in the grounds for rehearing set forth in the thereto may be filed With the Commis­ above designated matter. The motion applications for rehearing filed in these sion on or before May 29, 1973. Any re­ states that all parties have been notified proceedings on April 19, 1973, by the plies to comments may be filed on or and -have no objection to this motion. Associated Gas Distributors and the before June 8, 1973. Laclede Gas Co., present no facts or legal Upon consideration, notice is hereby principles which would warrant any M a r y B . K id d , given that the procedural dates are change in or modification of the order Acting Secretary. further modified as follows: issued on March 20, 1973. [F R Doc.73-10659 Filed 5-29-73; 8:45 am] Staff service date, June 15, 1973. (2) Good cause exists to permit the Intervener service date, July 3, 1973. Southern California Gas Co. to inter­ Prehearing conference, June 26, 1973 (10 vene and participate in these proceedings [Project No. 2310] a.m„ e.d.t.). Company rebuttal date, July 17,1973. as herein provided. PACIFIC GAS AND ELECTRIC CO. Hearing, July 31,1973 (10 a.m., e.d.t.). The Commission orders Notice of Application for Change in Land M a r y B . K id d , (A) The applications for rehearing Rights Acting Secretary. filed on April 19, 1973, by the Associated M a y 21, 1973. [FR Doc.73-10663 Filed 5-29-73;8:45 am] Gas Distributors and the Laclede Gas Public notice is hereby given that Co. are denied. application for a change in land rights (B) The Southern California Gas Co. was filed August 16,1972, under the Fed­ [Docket No. RP73-108] is hereby permitted to become an inter- eral Power Act (16 U.S.C. 791a-825r) by venor in these proceedings, subject to the PANHANDLE EASTERN PIPE LINE CO. Pacific Gas and Electric Co. (Corre­ rules and regulations of the Commission: spondence to: Mr. J. F. Roberts, Jr., Notice of Proposed Changes in Rates Provided, however, That its participation shall be limited to matters affecting as­ Pacific Gas and Electric Co., 77 Beale M ay 23, 1973. serted rights and interests specifically Street, San Francisco, Calif. 94106), Take notice that Panhandle Eastern set forth in its petition to intervene: Pro­ licensee for Drum-Spaulding project No. Pipe Line Co. (Panhandle), on May 15, vided, further, That it is required to take 2310 which is located on the South Yuba 1973, tendered for filing proposed the record as it now finds it, but may and Bear Rivers and tributaries in Ne­ changes in its FPC Gas Tariff, original participate fully in all remaining phases vada and Placer Counties, Calif., near volume No. 1, consisting of four revised of this proceeding and: Provided, fur­ the cities of Auburn, Colfax, Grass tariff sheets as follows: ther, That the admission of such inter- Valley and Nevada City. Pacific Gas and Electric Co. (PG & E) Seventh revised sheet No. 3-A. venor shall not be construed as recogni­ Second revised sheet No. 43-2. tion by the Commission that such in- sells and delivers water to the Nevada Second revised sheet No. 43-3. tervenor might be aggrieved because of Irrigation District (NTD) at PG & E’s Second revised sheet No. 43-4. Rock Creek Reservoir of the Drum- any order or orders of the Commission The proposed changes would increase entered in this proceeding. Spaulding project. NID has constructed a new water treatment plant near the revenues from jurisdictional sales by By the Commission. reservoir which required a new point of $36,887,332 annually, based on a test year delivery for the water. PG & E has ap­ ending January 31, 1973, adjusted for [ seal] M a r y B . K id d , changes known and measurable to Octo­ Acting Secretary. plied for Commission authorization to grant an easement to NID for the new ber 31, 1973. The proposed effective date [FR Doc.73-10658 Filed 5-29-73;8:45 am] treatment plant supply pipeline which is July 1, 1973. crosses the base of the dam’s spillway. Panhandle states that the increased [Dockets Nos. RP71-107 (Phase I I ) , Any person desiring to be heard or to rates are necessitated by increased costs RP72-127] make protest with reference to said ap­ at all levels including operating costs, increased capital costs, a 8.75 percent NORTHERN NATURAL GAS CO. plication should on or before July 2, 1973, file with the Federal Power Com­ rate of return, a need for an increase in Notice of Filing of Proposed Amendment mission, Washington, D.C. 20426, peti­ the rate of depreciation from 3.5 percent to Stipulation and Agreement tions to intervene or protests in accord­ to 5 percent for both gathering facilities and transmission and storage facilities M a y 22, 1973. ance with the requirements of the Com­ Take notice that on May 8, 1973 mission’s rules of practice and procedure and costs associated with new gas supply Northern Natural Gas Co. (Northern) (18 CFR 1.8 or 1.10). All protests filed facilities. The proposed effective date of

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14196 NOTICES the tendered sheets is July 1, 1973. In paym ents, which shall be taken to be 11.84 (18 CFR 1.8 or 1.10). All protests filed addition, Panhandle claims that it classi­ percent times one-tenth of the amount by with the Commission will be considered which the level of such advance payments fied costs according to the unmodified by it in determining the appropriate ac­ Seaboard method. The proposed filing on February 1 or August 1, whichever is more recent, exceeds $13,346,000. tion to be taken but will not serve to also reflects new base cost of purchased make the protestants parties to the pro­ gas and adjustment factors contained Panhandle and CIG state that until the ceeding. Persons wishing to become par­ in Panhandle’s PGA clause. advance payments by Panhandle in the ties to a proceeding or to participate as Panhandle asserts that copies of this area of interest reach $13,346,000, CIG’s a party in any hearing therein must file filing were served on Panhandle’s cus­ portion of the related cost of service will petitions to intervene in accordance with tomers and interested State commis­ be exceeded by CIG’s offsetting trans­ the Commission’s rules. These applica­ sions. portation costs. However, CIG and Pan­ tions are on file with the Commission and Any person desiring to be heard or to handle have agreed that, when and so available for public inspection. protest said application should file a peti­ long as Panhandle’s advance payments tion to intervene or protest with the relating to the area of interest exceed M a r y B. K idd, Federal Power Commission, 825 North $13,346,000, CIG will be required to pay Acting Secretary. Capitol Street NW., Washington, D.C., in Panhandle, currently one-tenth of the [FR Doc.73-10664 Filed 5-29-73;8:45 am] accordance with §§ 1.8 and 1.10 of the cost of service applicable to such excess. Commission’s rules of practice and pro­ The supplemental agreement is said to [Project No. 1895] cedure (18 CFR 1.8, 1.10). All such peti­ be designed to impose a continuing obli­ tions or protests should be filed on or gation upon CIG to make payments to SOUTH CAROLINA ELECTRIC & GAS CO. before June 15,1973. Protests will be con­ Panhandle for CIG’s proportionate share Notice of Application for Change in Land sidered by the Commission in determin­ of the cost of Panhandle’s advance pay­ Rights ing the appropriate action to be taken, ments attributable to the area of inter­ but will not serve to make protestants est, to the extent such share exceeds M a y 23, 1973. parties to the proceeding. Any person CIG’s offsetting costs. Public notice is hereby given that ap­ wishing to become a party must file a Any person desiring to be heard with plication for a change in land rights was petition to intervene. This application is reference to said filing should on or be­ filed October 24, 1972, and supplemented on file with the Commission and is fore June 1, 1973, file with the Federal April 30, 1973, under the Federal Power available for public inspection. Power Commission, Washington, D.C. Act (16 U.S.C. 791a-825r) by South M a r y B . K id d , 20426, any protests, views, comments, or Carolina Electric & Gas Co. (correspond­ Acting Secretary. suggestions in writing relating to said ence to: Mr. James H. Fowles, Jr., assist­ filing, in accordance with the require­ ant general counsel, South Carolina [FR Doc.73-10661 Filed 5-29-73;8:45 am] ments of the Commission’s rules of prac­ Electric & Gas Co., P.O. Box 764, Colum­ tice and procedure, and the regulations bia, S.C. 29218), licensee for Columbia [Dockets Nos. CP72-181, CP73-44] under the Natural Gas Act. The Com­ Project No. 1895 which is located on the Broad and Congaree Rivers within the PANHANDLE EASTERN PIPE LINE CO. AND mission will consider all such written submittals before acting on this filing. city of Columbia, Richland County, S.C. . COLORADO INTERSTATE GAS CO. Applicant seeks Commission authori­ Notice of Supplemental Agreement and M a r y B . K idd, zation to grant the South Carolina High­ Explanatory Statement Acting Secretary. way Department an 11-foot width of [FR Doc.73-10662 Filed 5-29-73;8:45 am] right-of-way along the north side of an M a y 18,1973. existing easement over project property Take notice that on May 9, 1973, Pan­ to permit the widening of the South handle Eastern Pipe Line Co. , (Pan­ [Docket No. E-8141] Carolina Route 176 bridge from two to handle) , P.O. Box 1348, Kansas City, Mo. PENNSYLVANIA POWER & LIGHT CO. four lanes. The addition to the bridge 64141, and Colorado Interstate Gas Co., Notice of Rate Schedule will be of similar design to the existing a Division of Colorado Interstate Corp. bridge. (C IG ), P.O. Box 1087, Colorado Springs, M a y 21, 1973. Applicant also seeks Commission au­ Colo. 80901, pursuant to paragraphs (F) Take notice that on April 17, 1973, and (D) of the Commission’s orders is­ thorization to grant to the highway de­ Pennsylvania Power & Light Co. (Appli­ partment a 100-foot wide by approxi­ sued on March 30, 1973, in dockets Nos. cant) filed with the Federal Power Com­ CP72-181 and CP73-44, respectively, filed mately 400-foot long right-of-way over mission, pursuant to section 35 of the project, property at Hampton Street, ex­ a supplemental agreement and explana­ regulations under the Federal Power tory statement relating to the cost of ad­ tended, for the purpose of constructing Act, an agreement between Applicant the Hampton-Meeting Street Bridge of vance payments for natural gas reserves and Metropolitan Edison Co. (Metro), dedicated to Panhandle in the Denver- the planned Meeting Street Expressway. dated April 16, 1973, which provides the The bridge will have a four-lane rein­ Julesburg Basin, and the costs attribut­ terms and conditions for the sale of ca­ able to the transportation of such gas by forced concrete deck supported by longi­ pacity and related energy to Metro by tudinal welded steel girders buttressed. CIG for Panhandle, all as more fully set Applicant. The application states that forth in the supplemental agreement and by piers of reinforced concrete piling. the filing of this agreement constitutes The design has been approved by the explanatory statement on file with the an initial rate schedule. Commission and open to public inspec­ South Carolina Highway Department and tion. Capacity charges under the terms of the U.S. Department of Transportation. the agreement would cover the carrying Any person desiring to be heard or to In conjunction with the aforemen­ costs on an actual unit investment basis, tioned provisions of the Commission’s make protest with reference to said ap­ a normalized operation and maintenance plication should on or before June 28, orders of March 30, 1973, Panhandle and charge and a transmission charge. En­ CIG amended their gas sales and ex­ 1973, file with the Federal Power Com­ ergy charges are to be based on actual mission, Washington, D.C. 20426, peti­ change agreement of July 13, 1972, by fuel expense with an additive for con­ adding thereto the following supple­ tions to intervene or protests in accord­ tingencies and losses. ance with the requirements of the ment: Any person desiring to be heard or to Commission’s rules of practice and pro­ 3.5 CIG shall pay to Panhandle at the time make any protest with reference to said cedure (18 CFR 1.8 or 1.10). All protests CIG forwards the monthly payment pro­ applications should, on or before June 8, filed with the Commission will be con­ vided for in section 6.1, a supplemental sidered by it in determining the appro­ amount in respect of advance payments 1973, file with the Federal Power Com­ which Panhandle has made to suppliers mission, Washington, D.C. 20426, peti­ priate action to be taken but will not for gas to he produced from the area of tions to intervene or protests in accord­ serve to make the protestants parties to interest equivalent to one-twelfth of the ance with the requirements of the Com­ a proceeding. Persons wishing to become annual charges applicable to such advance mission’s rules of practice and procedure parties to a proceeding or to participate

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 973 NOTICES 14197 as a party in any hearing therein must own review of the matter finds that a the matter finds that a grant of thè Ale petitions to intervene in accordance grant of the certificate is required by the certificate is required by the public con­ with the Commission’s rules. public convenience and necessity. I f a venience and necessity. If a petition for The application is on file with the petition for leave to intervene is timely leave to intervene is timely filed, or if the Commission on its own motion be­ Commission and is available for public filed, or if the Commission on its own motion believes that a formal hearing is lieves that a formal hearing is required, inspection. ^ __ further notice of such hearing will be M ary B. K idd, required, further notice of such hearing Acting Secretary. will be duly given. duly given. Under the procedure herein provided Under the procedure herein provided [FR Doc.73-10665 Filed 5-29-73;8:45 am] for, unless otherwise advised, it will be for, unless otherwise advised, it will be unnecessary for Applicant to appear or unnecessary for Applicant to appear or [Docket No. 0173-765] be represented at the hearing. be represented at the hearing. M ary B. K idd, GENERAL CRUDE OIL CO. M ary B. K idd, Acting Secretary. Acting Secretary. Notice of Application [FR Doc.73-10639 Filed 5-29-73;8:45 am] [FR Doc.73—10638 Filed 5-29-73;8:45 am] M a y 23, 1973.

Take notice that on May 10,1973, Gen­ [Project 2685] eral Crude Oil Co. (Applicant), P.O. Box [Docket No. CI73-766] 2252, Houston, Tex. 77001, filed in docket PETROLEUM, INC. POWER AUTHORITY OF THE STATE OF NEW YORK No. CI73-765 an application pursuant to Notice of Application section 7(c) of the Natural Gas Act for Notice of Alternative Routes a certificate of public convenience and M a y 23, 1973. necessity authorizing the sale for resale Take notice that on May 10, 1973, M a y 18,1973. and delivery of natural gas in interstate Petroleum, Inc. (Applicant), 300 West Pursuant to a condition in the license commerce to El Paso Natural Gas Co. Douglas, Wichita, Kans. 67202, filed in issued to Power Authority of the from acreage in Upton County, Tex., all docket No. CI73-766 an application pur­ State of New York (Applicant) on June 6, as more fully set forth in the application suant to section 7(c) of the Natural Gas 1969, for the Blenheim-Gilboa pumped which is on file with the Commission and Act for a certificate of public convenience storage power project No. 2685, the Ap­ open to public inspection. and necessity authorizing .the sale for re­ plicant filed on November 24:, 1969 and Applicant states that it commenced sale and delivery of natural gas in in­ later supplemented an application re­ the sale of natural gas on April 30, 1973, terstate commerce to Northern Natural questing the Commission to approve ex­ within the contemplation of § 157.29 of Gas Co. from acreage in Kiowa County, hibits showing the location and design of the regulations under the Natural Gas Kans., all as more fully set forth in the an overhead 345 kV single circuit pri- Act (18 CFR 157.29) and proposes to application which is on file with, the may transmission line between the proj­ continue said sale for 16 months from the Commission and open to public inspec­ ect switchyard near the powerhouse and end of the 60-day emergency period tion. a substation at Leeds. This proposed line within the contemplation of § 2.70 of the Applicant proposes to sell approxi­ is one of three approved by the license. Commission’s general policy and inter­ mately 25,000 M ft3 of gas per month for The other two lines have been con­ pretations (18 CFR 2.70). Applicant pro­ 2 years at 35c/M ft3 the first year and structed and are in operation. poses to sell approximately 62,000 M ft3 36c/M ft3 the second year at 14.65 During subsequent proceedings on the of gas per month at 38 c/M ft3 at 14.65 lb/in2a within the contemplation of application, various locations and designs lb/in2a subject to upward and downward § 2.70 of the Commission’s general policy for the Gilboa-Leeds overhead transmis­ British thermal unit adjustment. and interpretations (18 CFR 2.70) . sion line have been advanced as alterna­ It appears reasonable and consistent It appears reasonable and consistent tives to the locations and designs sub­ with the public interest in this case to with the public interest in this case to mitted by Applicant. The various alter­ prescribe a period shorter than 15 days prescribe a period shorter than 15 days natives are for overhead transmission for the filing of protests and petitions to for the filing of protests and petitions to lines, underground lines, and partially intervene. Therefore, any person desiring intervene. Therefore, any person desiring overhead and partially underground to be heard or to make any protest with to be heard or to make any protest with lines. A description of each route as sub­ reference to said application should on reference to said application should on mitted by Applicant or otherwise ad­ or before June 8, 1973, file with the Fed­ or before June 8*4973, file with the Fed­ vanced for both overhead and under­ eral Power Commission, Washington, eral Power Commission, Washington, ground lines are set out below. D.C. 20426, a petition to intervene or a D.C. 20426, a petition to intervene or a P otential R outes for O verhead L in es protest in accordance with the require­ protest in accordance with the require­ ments of the Commission’s rules of prac­ ments of the Commission’s rules of prac­ Route A.—I f constructed along this tice and procedure (18 CFR 1.8 or 1.10). tice and procedure (18 CFR 1.8 or 1.10). route, the line would be about 33 miles All protests filed with the Commission All protests filed with the Commission long. It would leave the project in an will be considered by it in determining will be considered by it in determining easterly direction through the towns of the appropriate action to be taken but the appropriate action to be taken but Gilboa and Conesville . in - Schoharie will not serve to make the protestants will not serve to make the protestants County and would pass between Brown Parties to the proceeding. Any person parties to the proceeding. Any person Mountain and Reed Hill. The line would wishing to become a party to a proceed­ wishing to become a party to a proceed­ continue in this direction across Platter ing or to participate as a party in any ing or to participate as a party in any Kill, County Highway 59, Bear Kill and hearing therein must file a petition to hearing therein must file a petition to County Highway 18 and County Route 3 intervene in accordance with the Com­ intervene in accordance with the Com­ before passing about 3,000 ft north of mission’s rules. mission’s rules. Steenburg Mountain. The line would then Take further notice that, pursuant Take further notice that, pursuant to proceed in a more southeasterly direc­ to the authority contained in and sub­ the authority contained in and subject to tion into the town of Durham to a point ject to the jurisdiction conferred upon the jurisdiction conferred upon the Fed­ about 3,000 ft north of Mt. Pisgah. The the Federal Power Commission by sec­ eral Power Commission by sections 7 and line would extend in a more easterly tions 7 and 15 of the Natural Gas Act 15 of the Natural Gas Act and the Com­ course, passing north of Comwallville and the Commission’s rules of practice mission’s rules of practice and procedure, and across Comwallville Creek, Thorpe and procedure, a hearing will be held a hearing will be held without further Creek and County Highway 20. The line without further notice before the Com­ notice before the Commission on this would pass south of East Durham and mission on this application if no petition application if no petition to intervene is across County Highway 29, Sunside Road w intervene is filed within the time re­ filed within the time required herein, if and Bowery Creek. The line would then quired herein, if the Commission on its the Commission on its own review of turn more easterly, across State High-

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 30, 1973 14198 NOTICES way 145 and extend into the town of Potic Creek to a point approximately Route B.—I f constructed along this Cairo in Greene County where it would 3.000 ft west of Potic Mountain Road. route, the line would be about 35 mi cross Catskill Creek, State Highway 32, Then the line would turn in a northeast long. It would leave the project in an Jan de Bakkers K ill and County High­ direction for approximately iy2 mi, then easterly direction through the towns of way 41. The line would continue through southeast across New York State Thru­ Gilboa and Conesville in Schoharie Greene Coiuity across County Highway way at a point about 2,000 ft north of County and would pass between Brown 67 and extend easterly crossing Indian Green Lake and would continue in a Mountain and Reed Hill. The line would Ridge at a point approximately 500 ft more southeasterly direction across continue in this direction across Platter south of Harold C. Meyer Road and 1,500 Vosenkill Road to a point approximately Kill, County Highway 59, Bear Kill and ft west of Rudolf Weir Road, continuing 2,500 ft west of U.S. Highway 9W and County Highway 18 to a point approxi­ across Potic Creek, County Highway 49 2.000 ft south of County Highway 28. The mately 3,000 ft east of East Conesville and the New York State Thruway (Inter­ line would then turn south to a point Road and 1,500 ft north of County High­ state Route 87) at a point about 1,000 ft about 500 ft west of U.S. Highway 9W, way 3. The line would then extend in a north of Greens Lake. The line would where the line would turn east crossing northeasterly direction and would pass cross Hans Vosen Kill, Vosenkill Road Route 9W and would proceed to its about a mile north of Steenburg Moun­ and would turn south to a point about terminus at Leeds Substation of Niagara tain. The line would then extend into 1% mi west of the village of Athens, Mohawk Power Corp. in the town of the town of Rensselaerville in Albany where the line would turn east across U.S. Athens located 2% mi north of the vil­ County across County Highway 3, State Highway 9W and would proceed to its lage of Catskill. Highway 145, Catskill Creek and State terminus at Leeds Substation of Niagara Staff modification to Route A -l.—The Highway 81 before turning in a south­ Mohawk Power Corp. in 'th e town of staff modification route, approximately easterly direction and entering the Athens located 2^ mi north of the vil­ 35.0 mi in length, would follow a large northeast part of the town of Durham lage of Catskill. portion of Route A -l. The line would in Greene County. After crossing Ten Route A - l .—I f constructed along this leave the project in an easterly direc­ Mile Creek the line would turn more route, the line would be about 34.6 mi tion through the. towns of Gilboa and southeasterly and would extend across long. It would follow portions of pro­ Conesville in Schoharie County. The McKay Road and State Highway 81. The posed Route A some 14.8 mi. The line line would leave Route A -l at a point line would then turn easterly again and would leave the project in an easterly approximately one-quarter mile east of would extend into the town of Green­ direction through the towns of Gilboa Kingsley Road in a southeast direction ville in Greene County, cross Carter and Conesville in Schoharie County and for approximately 1 y2 mi, cross Kingsley Bridge Road, then southeast across would pass between Brown Mountain Road and Flat Creek Road, then turn County Highway 35, Basic Creek, and and Reed Hill. The line would continue northeast some iy2 mi cross Back Road State Highway 32. The line would con­ in this direction across Platter Kill, and Davis Road to rejoin Route A -l. The tinue in a more southeasterly direction County Highway 59, Bear Kill and line would then proceed across County across County Highway 41 and Jan de County Highway 18 and the line would Highway 59, County Highway 18 and Bakkers Kill to a point about 1 mi north continue in the same direction crossing East Conesville Road to a point north of of Gayhead. The line would then turn Manor K ill and County Highway 3 be­ Steenburg Mountain and some 2,500 ft southward and would pass about a mile fore passing about 3,000 ft north of west of County Highway 3, then would east of Gayhead and would extend across Steenburg Mountain. The line would de­ turn southeasterly some 2 mi before re­ Schoharie Turnpike and Deyo Road. viate to the northeast some 1,100 ft joining Route A-l. The line would then Approximately 1,800 ft southeast of Deyo then turn in a southeast direction ap­ continue into the town of Durham in Road, the line would turn easterly cross­ proximately 800 ft to rejoin proposed Greene County to a point some 1,000 ft ing Indian Ridge at a point approxi­ Route A. The line would then proceed east of County Highway 10. The line mately 500 ft south of Harold C. Meyer along Route A extending into the town would then turn more southeast for a Road and 1,500 ft west of Rudolf Weir of Durham to a point about 150 ft east distance of approximately 2 mi, then Road continuing across Potic Creek, of County Highway 10. The line would turn easterly for a distance of 1% mi, Comity Highway 49 and the New York then turn northeast and continue some then turn due east across Cornwall State Thruway (Interstate Route 87) at 1,100 ft then turn southeast and con­ Tload, Thorpe Creek and Hervey Road a point about 1,000 ft north of Greens tinue approximately 1% mi. The line before rejoining Route A -l some 500 ft Lake. The line would cross Hans Vosen would continue and cross proposed Route east of Davis Road. The line would con­ Kill, Vosenkill Road and would turn A in a more easterly direction for some tinue through Greene County cross south to a point about V/z mi west of 2 mi, then the line would recross pro­ County Highway 67 and extend easterly the village of Athens, where the line posed Route A in a northeast direction, crossing Indian Ridge to a point ap­ would turn east across U.S. Highway to a point some 1,500 ft south of Stone proximately 500 ft south of Harold C. 9W and would proceed to its terminus Bridge Road and some 2,600 ft northwest Meyer Road and 1,500 ft west of Rudolf at Leeds Substation of Niagara Mohawk of Rockwell Road. The line would then Weir Road and continuing across Potic Power Corp. in the town of Athens lo­ turn southeast and rejoin proposed Creek to a point some 1,000 ft east of cated 2Va mi north of the village of Route A one-half mile west of Thorpe Potic Creek. The line would then deviate Catskill. Creek and proceed across Thorpe Creek from proposed Route A - l in a northeast Route B - l .—I f constructed along this and County Highway 20. The line would direction approximately 1 % mi to a route, the line would be about 37 mi pass south of East Durham and across point some 1,000 ft south of Hollister long. It would follow portions of pro­ County Highway 29, Sunside Road and Lake. The line would then extend in a posed Route B some 36.9 mi. The line Bowery Creek. The line would then turn southeast direction for one-half of a would leave the project in an easterly di­ slightly easterly, cross State Highway mile, then in an easterly direction across rection through the towns of Gilboa and 145 and extend into the town of Cairo in Greens Lake Road and New York State Conesville in Schoharie County and Greene County where it would cross Thruway (Interstate Route 87). The line would pass between Brown Mountain Catskill Creek and continue to a point would then proceed more southerly and Reed Hill. The line would continue approximately 1,000 ft west of State crossing Vosenkill Road and then turn in this direction across Platter Kill, Highway 32. The line would then turn east across U.S. Highway 9W. The line County Highway 59, Bear Kill and northeast from proposed Route A across would then turn south paralleling exist­ County Highway 18 to a point approxi­ Plattenkill Road and Doman Road, then ing transmission circuits to a point ap­ mately 3,000 ft east of East Conesville proceed southeast across Jan de Bakkers proximately iy2 mi west of the village Road and 1,500 ft north of County High­ Kill, County Highway 41, proposed Route of Athens, where the line will turn east way 3. The line would then extend in a A and County Highway 67, where the and proceed to its terminus at Leeds northeasterly direction and would pass line would then turn more easterly and Substation of Niagara Mohawk Power about a mile north of Steenburg Moun­ merge with proposed Route A west of Corp. in the town of Athens, 2 y2 mi tain. The line would then extend into Rudolf Weir Road and proceed across north of the village of Catskill. the town of Rensselaerville in Albany

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14199

northeast from proposed Route A and Pnunty across County Highway 3, State mately one-quarter of a mile west of County Highway 352. It would then pro­ follow Route A - l across Plattenkill Road Highway 145, Catskill Creek and State and Doman Road, then proceed south­ Highway 81 where there would be a ceed northeast to a point located approx­ imately 3,200 ft northwest of the ham­ east across Jan de Bakkers Kill, County slight deviation from Route B before Highway 41, proposed Route A and turning in an easterly direction and let of Medusa (800 ft west of County Highway 351). It would then proceed due County Highway 67, where the line would entering the northeast part of the town then turn more easterly and merge with of Durham in Greene County. After east for approximately 6 y2 mi passing approximately 2,500 ft north of the ham­ proposed Route A -l west of Rudolph crossing Ten Mile Creek the line would Weir Road and proceed across then turn more southeasterly and would let of South Westerlo to a point located approximately 2 y2 nxi east of South Creek to a point approximately 3,000 it extend across McKay Road and State west of Potic Mountain Road. Then the Highway 81. The line would then turn Westerlo; then turn in a southeasterly direction, for some 4 mi, to a point lo­ line would turn in a northeast direction easterly again and would extend into for approximately 1Y2 mi, then southeast the town of Greenville in Greene County, cated approximately 4,000 ft north of the hamlet of Surprise; then proceed due across New York State Thruway at a cross Carter Bridge Road ,to a point point 2,000 ft north of Green Lake and some 500 ft west of County Highway 35. south for almost 4 mi to the point where it would rejoin Route B—1. The line would continue in a more southeasterly The line would then turn southeast direction across Vosenkill Road to a cross County Highway 35, New York would then turn southward and would pass about a mile east of Gayhead and point approximately 2,500 ft west ofU.S. State Highway 32, County Highway 41, Highway 9W and 2,000 ft of then more southeasterly cross Hill Road would extend across Schoharie Turnpike and Deyo Road. Approximately 1,800 ft County Highway 28. The line would then County Highway 41 and continue to a turn south to a point about 500 ft west point approximately 800 ft northwest southeast of Deyo Road, the line would turn easterly crossing Indian Ridge at a of U.S. Highway 9W, where the line of Drake Hill Road. The line would then would turn east crossing Route 9W and turn more to the southeast, slightly point approximately 500 ft south of Har­ old C. Meyer Road and 1,500 ft west of would proceed to its terminus at Leeds less southeast and then more south­ Substation of Niagara Mohawk Power easterly and rejoin proposed Route B Rudolf Weir Road continuing along Route A -l across Potic Creek, to a point Corp. in the town of Athens located 2 y2 approximately one-half mile southeast mi north of the village Of Catskill. of Gayhead. The line would then extend about 3,000 ft west of Potic Mountain Road. Then the line would turn north­ Route E.—If constructed along this across Schoharie Turnpike and Deyo southernmost route, the line would be Road. Approximately 1,600 ft south­ eastward for about 1.5 miles then south­ east across County Highway 49 and the about 35 mi long. It would leave the east of Deyo Road the line would again project in an easterly direction through deviate from proposed Route B and con­ New York State Thruway (Interstate Route 87) at a point about 2,000 ft north the towns of Gilboa and Conesville m tinues southward some 1,300 ft and then Schoharie County and would pass be­ turn easterly crossing Indian Ridge to of Greens Lake. The line would cross Hans Vosenkill, Vosenkill Road and tween Brown Mountain and Reed Hill. rejoin a section of proposed Route B The line would continue in this direction and A-l one-quarter mile east of Indian would turn south to a point about 1V2 mi west of the village of Athens, where across Platter Kill, County Highway 59, Ridge and 1,500 ft west of Rudolf Weir Bear Kill and County Highway 18 and Road continuing along Route A -l across the line would turn east across U.S. would continue in the same direction to Potic Creek, County Highway 49 and the Highway 9W and would proceed to its terminus at Leeds Substation of a point about 2,000 ft west of County New York State Thruway (Interstate Highway 3 and 8.2 mi east of Gilboa Route 87) at a point about 2,000 ft north Niagara Mohawk Power Corp. in the town of Athens located 2V2 mi north of Switchyard The line would then turn in of Greens Lake. The line would follow a southeasterly direction for approxi­ Route A-l cross Hans Vosen Kill, Vosen- the village of Catskill. Route D .—I f constructed along this mately 3 mi, crossing over the South kill Road and would turn south to a Mountain Range in a saddle located be­ point about 1V2 mi west of the village of route, the line would be about 36 mi long. It would leave the project in an easterly tween Richtmyer Peak and Richmond Athens, where the line would turn east Mountain. It would then proceed due across U.S. Highway 9W and would pro­ direction through the towns of Gilboa and Conesville in Schoharie County and east for over 2 mi passing just south of ceed to its terminus at Leeds Substation Mount Pisgah to a point 2,000 ft north­ of Niagara Mohawk Power Corp. in the would pass between Brown Mountain and Reed Hill. The line would continue east of Mount Nebo; then proceed in a town of Athens 2V2 mi north of the southeasterly direction for nearly 4 mi village of Catskill. in this direction across Platter Kill, along the foothills formed by Mount Route C.—If constructed along this County Highway 59, Bear Kill and Coun­ ty Highway 18 to a point approximately Nebo, Mount Hayden, Barlow Notch, route, the line would be about 41 mi long. Ginseng Mountain, Jennie Notch, and It would leave the project in an easterly 3,000 ft east of East Conesville Road and 1,500 ft north of County Highway 3. The Mount Zoar to a point 3,000 ft northwest direction through the towns of Gilboa of Point Lookout along State Highway and Conesville in Schoharie County and line would then follow Route B—1 and ex­ tend in a northeasterly direction and 23; then in an easterly direction for over would pass between Brown Mountain 2 mi to a point located 5,000 ft northeast and Reed Hill. The line would continue would pass about a mile north of Steen- burg Mountain. The line would then ex­ of Durso Corner on State Highway 23. It in this direction across Platter Kill, would then proceed in a southeasterly County Highway 59, Bear K ill and tend into the town of Rensselaerville in Albany County across County Highway direction for some 7 mi on a line parallel­ County Highway 18 to a point approxi­ ing State Highway 23, passing 3,000 ft mately 3,000 ft east of East Conesville 3, State Highway 145, Catskill Creek and would leave Route B—1 at a point about north of the hamlets of South Durham Road and 1,500 ft north of County High­ and Acra and 4,000 ft north of Cairo. At way 3. It follows Route B(B-l) to a 700 ft east of Catskill Creek in a south­ a point located approximately 4,000 ft Point about 2,900 ft east of the Scho- easterly direction and proceed some 2 mi to a point 2,000 ft southwest of the northeast of the hamlet of Cairo it harie-Albany County line. Route C would turn in a northeasterly direction would then leave Route B -l crossing hamlet of Oak Hill, then run in a more easterly direction for some 2 ^ mi to a for about 3 mi to a point where it would County Highway 354 about 300 ft north join the common point of Routes A -l of Route B -l and again at a point half­ point approximately 11,500 ft southeast of that hamlet, then turn in a more and B -l slightly east of Indian Ridge way between the hamlets of Potter Hol­ Road, south of Harold Meyer Road cross­ low and Cooksburg and would cross State southerly direction for nearly 5 mi to ing Catskill Creek at a point located ap­ Highway 145 at a point midway between where it would rejoin Route A—1 at a point about half a mile east of State proximately 1 mi downstream from Lake Cooksburg and the hamlet of Preston Tv/mig Bridge. The line would then con­ Hollow. At a point approximately 3,000 Highway 145. The line would then cross tinue in an easterly direction crossing It east of State Highway 145 it would Catskill Creek and continue to a point turn more easterly for a distance of approximately 1,000 ft west of State Potic Creek to a point approximately some 2^4 mi to a point located approxi­ Highway 32. The line would then turn 3,000 ft west of Potic Mountain Road.

FEDERAL REGISTER, VOL.. 3 8 , N O . 10 3 - —WEDNESDAY, M A Y 3 0 , 1973 14200 NOTICES

Then the line following Boutes A - l and Route X Submitted by Applicant.—If tion extending eastward from the end of B -l would turn in a northeast direction constructed this line would be wholly the 1.0 mi overhead section. This short for approximately 1 y2 mi, then southeast underground, would consist of two 345 kV underground section would extend from across New York State Thruway at a circuits and would be about 40.1 mi long. the east side of Brown Mountain to point about 2,000 ft north of Green Lake The line would leave the Gilboa switch­ Kingsley Road, along Parson Hill, and and would continue in a more south­ yard along the plant access road to Mabie Roads, and then along Flat Creek easterly direction across Vosenkill Road Valenti Road, would follow Flat Creek Road to the common point. to a point approximately 2,500 ft west Road to a point about 1,000 ft south of Underground Segments Z1 and Z2 of of U.S. Highway 9W and 2,000 ft south an intersection with Parson Hill Road a 345 kV transmission line.—If con­ of County Highway 28. The line would (common point with Route Y ) , would run structed, Route Z1 would be a 345 kV then turn south to a point about 500 ft across open pasture between Flat Creek single circuit overhead line along Route west of U.S. Highway 9W, where the line and Back Roads, would continue along A - l to a point 300 ft west of the inter­ would turn east crossing Route 9W and McGuire Road to Leroy Road, and along section of Red House Road, and County would proceed to its terminus at Leeds Leroy Road between Davis Road and Road 3 in Conesville, Schoharie County, Substation of Niagara Mohawk Power Road 59 and then along a 2,000 ft section at which point underground Segment Zl’ Corp. in the town of Athens located 2% of private road between Van Akan Roads would connect to the overhead line. Un­ mi north of the village of Catskill. 1 and 2. The line would continue for 500 derground Segment Z l would then pro­ Route via New Scotland to Leeds Sub­ ft along Geerken Road, about 1 mi along ceed almost due east across privately station.—I f constructed along this route, Road 18,1.25 mi on East Conesville Road, owned land to County Road 3. It would the line would be about 60 mi long. It along an abandoned road, and along then extend easterly along underground would leave the project switchyard on a Red House Road, then proceed along Road X to Morehouse Road to a point right-of-way owned by Applicant parallel Road 3 between Red House Road and about 0.5 mi east of State Highway 145 to its constructed single circuit 345 kV about 0.57 mi eastward, then across where the underground cable would turn line which extends from the switchyard private property for a mile where it north in the town of Cairo and connect to the New Scotland substation. The sec­ would leave Schoharie County and to an overhead 345 kV single circuit line ond 345 kV circuit would continue to enter Greene County. The line would on Route A - l located about 0.5 mi north parallel the existing circuit to the Nèw then continue along Tarver Road for 0.25 of the point where the turn is made. The Scotland substation at which point it mi, for 1.33 mi along Brand Hollow Road, line would then continue overhead along would turn and continue to the Leeds cross county for 2,000 ft and 1.2 mi along Route A - l to the Leeds Substation. substation roughly parallel to the exist­ Allen Teator Road to State Highway 145. Route Z2 would be an overhead line ing transmission lines in operation be­ The route would then change direction along Route A -l from the Gilboa switch­ tween New Scotland and Leeds. from east to southeast, continue along yard to a tower located about 0.5 mi west Route via Fraser to Ramapo Substa­ Highway 145 to Highway 22 in Durham, of the intersection of County Roads 10 tion.—I f constructed along this route, follow Highway 145 between Highway 22 and 20 on the north side of Steenburg the line would be about 28.5 mi long to and Bush Road, continuing along High­ Mountain in the town of Conesville near Fraser. It would leave the project switch­ way 145 to its junction with Highway 20 the Schoharie-Greene County line at yard on a right-of-way owned by Appli­ at East Durham, then along Highway which point the line would connect the cant parallel to its constructed single 20(29) and Woodward Road between underground Segment Z2, and would circuit 345 kV line which extends from Highways 145 and 20(29), 2.9 mi along continue underground along Road 20 to the switchyard to Fraser. The second Road 29 and Timmermon Road from its intersection with State Highway 145, 345 kV circuit would continue to parallel Jennings Road to Highway 145, then where it would join underground Seg­ thé existing circuit to Fraser. The second along Highway 145 for 0.1 mi between ment Zl, and terminate at the same loca­ 345 kV circuit would then continue for Timmermon Road and Morehouse Road. tion as Route Z l on the overhead Route about 105 mi overhead from Fraser to The line would then run eastward along A -l. From that point the overhead line Ramapo substation and an additional Morehouse Road, then across private would follow Route A - l to the east, to 78 mi from Rock Tavern via Roseton property to Horse Neck (Morseneck) the Leeds Substation. generating plant to the Leeds substation. Road, turn southeasterly to and go along Staff route for underground transmis­ In addition to the alternative routes White Farm Loop to Highway 32, then sion line.—The line if constructed would for the overhead lines set out above, along Caniff, Warren Stein and Sandy consist of a two circuit 345 kV under­ there are alternative designs for the Plains Roads to a point about 0.5 mi be­ ground transmission line. It would leave project structures. Applicant proposes to yond the intersection of Sand Plans Road Gilboa switchyard along the plant ac­ support the conductors on lattice type with Road 49, then along Forest Hills cess road to Valenti Road. From the towers while alternative proposals con­ Road and Leeds-Athens Road to U.S. junction of Valenti and Flat Creek template single steel pole or steel pole Highway 9W. It would then run along Roads, it would extend southward along H-frame towers at selected places on the Road 74 between Highway 9W and the Road 17 to Road 342, then follow Road line in lieu of the lattice type towers. Penn-Central railroad tracks, turn 342 to Road 3 (342) to the Schoharie- northward to parallel the tracks on the It has been proposed that the towers be Greene County line, then along Highway eastside, and terminate at Leeds Sub­ 20 through West Durham to Durham, designed and constructed to support two station. 345 kV circuits, one to be installed ini­ and then it would enter Highway 145. It tially with the second being installed Route Y submitted by Applicant.—I f would then follow Highway 145 in a later; or with both circuits being in­ constructed this line would be a partially southeast direction to near its junction stalled initially. The double circuit towers overhead 345 kV circuit and a partially with Road 23. It would then cross over and conductors for the two 345 kV cir­ underground line of equivalent capacity. to Highway 23B (23) to Road 49, then cuits would be designed and constructed The line would be overhead from the turn northeast, and run along a private in a manner to permit conversion of the Gilboa switchyard for about 1 mi to a way west of Weissel Avenue, and near two 345 kV circuits to a single 765 kV point on underground Route X. A t that Vedder Road, after crossing Catskill circuit in the future by regrouping the point the overhead section would con­ Creek on a bridge to Sandy Plains Road, conductors in the two circuits into a sin­ nect to the underground line and would and then it would run along Forest Hills gle circuit without removing the con­ follow Route X for about 36.5 mi under­ Road, and Leeds-Athens Road to U.S. ductors from the towers. ground. It would connect at the eastern Highway 9W. It would then run along end of the underground section to a 1 Road No. 74, across the railroad tracks P otential R outes for U nderground mi section of overhead 345 kV circuit ex­ and turn northward to Leeds Substation. L ines tending to the Leeds substation. Routes A hearing in this matter is due to com­ Locations and designs have been sub­ Y and X would follow the same right-of- mence June 19, 1973, at 10 a.m. on the mitted for the following underground way from Leeds substation to the com­ second floor of the Union Center Plaza- lines having capacity équivalait to a sin­ mon point on Flat Creek Road (County Building at 825 North Capitol Street NE., gle circuit 345 kV overhead transmission Road No. 17), about 1,000 ft south of an . Washington, D.C. 20426. line. The route for each of the alternative interconnection with Parsons Hill Road. Any person desiring to be heard or to lines is described below. Route Y has a short underground sec- make any protest with reference to this

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14201

Upon consideration, notice is hereby m atter should on or before July 2, 1973, October 30, 1970, to operate these facili­ given that the procedural dates in the Ale w ith the Federal Power Commission, ties, known as the Jackson Prairie stor­ Washington, D.C. 20426, petitions to in­ age project, in Lewis County, Wash. Peti­ above matter are modified as follows: tervene or protests in accordance with tioner proposes to drill additional obser­ Service of testimony and exhibits by appli­ the requirements of the Commission’s vation, water production and/or gas in­ cant, July 10,1973. Service by each customer desiring to submit rules of practice and procedure (18 CFR jection wells in the storage project and testimony and/or exhibits on the issue of 1 8 or 1.10). All protests filed with the to provide additional gas and water field lines and water disposal facilities. Peti­ volumetric requirements, etc., July 10, 1973. Commission will be considered by it in Hearing, July 24,1973 (10 a.m., e.d.t.). determining the appropriate action to be tioner states that the purpose of the ad­ taken but will not serve to make the ditional facilities is to assure mainte­ M ary B. K idd, protestants parties to the proceeding. nance of the storage project’s operational Acting Secretary. Persons wishing to become parties to a capability sufficient to provide continued [FR Doc.73-10666 Filed 5-29-73:8:45 am] proceeding or to participate as a party in maximum deliverability of 180,000 M ft* any h ea rin g therein must file petitions of gas a day, to effectuate proper distri­ to in terv en e in accordance with the bution withdrawal from the various seg­ [Docket No. CP67-286] Commission’s rules. The application and ments of the reservoir, and to provide some expanded seasonal capability of the UNITED GAS PIPE LINE CO. AND TRANS­ exhibits showing the location, and de­ CONTINENTAL GAS PIPELINE CORP. sign of the lines described herein are reservoir. Petitioner anticipates that the available for public inspection at the total storage inventory of the project will Notice of Petition To Amend Commission’s office in Washington, D.C., be increased from the present level of M a y 21, 1973. 17.2 million M ft* to approximately 19.3 and a t Applicant’s offices in New York Take notice that on April 30, 1973, City, G ilb o a, and Catskill, N.Y. million M ft* and that the corresponding seasonal working gas quantity will be in­ United Gas Pipe Line Co. (United), P.O. K e n n e t h F. P l u m b , creased from its presently authorized Box 1407, Shreveport, La. 71158, and Secretary. level of 6.7 million M ft* to approximately Transcontinental Gas Pipe Line Corp. (Transco), 3100 Travis Street, P.O. Box [FR Doc.73-10673 Filed 5-29-73;8:45 am] 7.6 million M ft*. Petitioner estimates that the total cost 1396, Houston, Tex. 77001, filed in docket of the instant project will not exceed No. CP67-286 a petition to amend the [Docket No. RP72-75] $780*000, a cost which will be shared order issuing a certificate of public con­ venience and necessity in said docket UNITED GAS PIPE LINE CO. equally among the project’s participants, pursuant to section 7(c) of the Natural Extension of Time Petitioner, El Paso Natural Gas Co., and the Washington Water Power Co. Gas Act by authorizing the exchange of natural gas at an additional point, all M a y 18,1973. Any person desiring to be heard or to make any protest with reference to said as more fully set forth in the petition to On May 14, 1973, Memphis Light, Gas amend which is on file with the Com­ petition to amend should on or before & Water Division (Memphis) filed a mo­ mission and open to public inspection. June 11, 1973, file with the Federal tion for an extension of time within By the Commission’s order issued which to file briefs on exceptions to the Power Commission, Washington, D.C. 20426, a petition to intervene or a protest July 24, 1967 (38 FPC 163) , as amended initial decision issued April 19, 1973, in June 16, 1969 (41 FPC 806), and April 6, the above-designated matter. The mo­ in accordance with the requirements of the Commission’s rules of practice and 1971 (45 FPC 533), United and Transco tion states that neither United Gas Pipe are authorized to exchange up to 150,000 Line Co. nor staff counsel have any ob­ procedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act M ft* per day of natural gas in accord­ jection to the matter. On May 18, 1973, ance with their letter agreement dated (18 CFR 157.10). All protests filed with Memphis advised that no party ob­ February 22, 1967, as amended, which is the Commission will be considered by it jected to the motion. on file with the Commission as United’s in determining the appropriate action to Upon consideration, notice is hereby Rate Schedule X-23 and Transco’s Rate given that the time is extended to and be taken but will not serve to make the Schedule X-46. Petitioners seek author­ protestants parties to the proceeding. including June 4, 1973, within which ization to exchange gas at an additional Any person wishing to become a party to briefs on exceptions may be filed by all point located at the existing intercon­ participants. Briefs opposing exceptions a proceeding or to participate as a party nection of Consolidated Gas Supply may be filed on or before June 25,1973. in any hearing therein must fie a peti­ Corp.’s Egan pipeline and Transco’s tion to intervene in accordance with the K e n n e t h F. P l u m b , Acadia Plant Lateral in Acadia Parish, Secretary. Commission’s rules. La. They state that no additional facil­ K e n n e t h P l u m b , [FR Doc.73-10669 Filed 5-29-73;8:45 am] F. ities are required for the exchange of Secretary. natural gas at this additional point. [FR Doc.73-10668 Filed 5-29-73;8:45 am] Any person desiring to be heard or to [Docket No. CP71-7] make any protest with reference to said WASHINGTON NATURAL GAS CO. petition to amend should on or before [Docket No. CP73-115] June 11,1973, file with the Federal Power Notice of Petition To Amend TENNESSEE GAS PIPELINE CO. Commission, Washington, D.C. 20426, a M a y 18,1973. petition to intervene or a protest in ac­ Notice of Extension, of Time and cordance with the requirements of the Take notice that on April 30, 1973, Postponement of Hearing Date Washington Natural Gas Co. (Petition­ Commission’s rules of practice and pro­ er), P.O. Box 1869, Seattle, Wash. 98111, M a y 21,1973. cedure (18 CFR 1.8 or 1.10) and the reg­ filed in docket No. CP71-7 a petition to On May 10, 1973, Tennessee Gas Pipe­ ulations under the Natural Gas Act (18 amend the Commission’s orders of Sep­ line Co., a division of Tenneco, Inc. (Ten- CFR 157.10). All protests filed with the tember 25,1970 (44 FPC 1055), and Octo­ neco), filed a motion for a postponement Commission will be considered by it in ber 30, 1970 (44 FPC 1322), pursuant to of the hearing set for June 5, 1973, by determining the appropriate action to be section 7 (c) of the Natural Gas Act by order issued May 1, 1973, and for an taken but will not serve to make the pro­ authorizing Petitioner, as the project extension of time within which to serve testants parties to the proceeding. Any operator, to construct additional storage testimony and exhibits. Answers in sup­ person wishing to become a party to a facilities during 1973 and to operate these port of the motion have been filed by New proceeding or to participate as a party facilities, all as more fully set forth in the York State Electric & Gas Corp., Ala- in any hearing therein must file a peti­ petition to amend which is on file with bama-Tennessee Natural Gas Co., Public tion to intervene in accordance with the toe Commission and open to public in­ Service Electric & Gas Co., United Gas, Commission’s rules. spection. Inc., Tennessee Natural Gas Lines, Inc.* M ary B. K idd, By order of September, 25, 1970, Peti­ Acting Secretary. tioner was authorized to construct cer­ Berkshire Gas Co., et al., and Consoli­ tain storage facilities and by order of dated Edison Co. of New York, Inc. [FR Doc. 73-10667 Filed 5-29-73:8:45 am]

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—Pt. 1 - 8 14202 NOTICES

FEDERAL PREVAILING RATE ing from merchants, and servicing, the the Board’s opinion, the elimination of ADVISORY COMMITTEE accounts receivable arising from credit Company as an independent competitor sales of merchandise to persons who use in this market is not significant despite NOTICE OF COMMITTEE MEETINGS the credit cards in purchasing such mer­ Bank’s dominant position in the market Pursuant to the provisions of section chandise. Such activities have been de­ since Company has not been an effective 10 of Public Law 92-463, effective Janu­ termined by the Board to be closèly re­ competitor in the Indianapolis market ary 5, 1973, notice is hereby given that lated to banking (12 CFR 225.4(a)(1)). Despite the fact that the past 5 years meetings of the Federal Prevailing Rate Notice of the application, affording op­ have been characterized by a substantial Advisory Committee will be held on: portunity for interested persons to sub­ growth in the use of credit cards, Com­ Wednesday, June 6,1973. mit comments and views on the public pany’s outstandings derived from its In­ Thursday, June 7,1973. interest factors, has been duly published dianapolis operations have declined Thursday, June 21, 1973. (37 FR 23755). The time for filing com­ more than 50 percent from $2.5 million Thursday, June 28,1973. ments and views has expired; and the at year-end 1968 to $1.2 million as of only response received was that of the The meetings will convene at 10 a.m. June 1972. The Board therefore con­ Department of Justice. Briefly, the De­ cludes that no significant existing com­ and will be held in room 5A06A, Civil partment suggests that the Board deny Service Commission Building, 1900 E petition would be eliminated upon con­ the application in view of Applicant’s summation of the proposed transactions. Street NW., Washington, D.C. market position in the concentrated In­ The committee’s primary responsibil­ Further, in the Board’s opinion, approval dianapolis credit card market, discussed of the proposed transaction would not ity is to study the prevailing rate system hereinafter, in the expectation that Com­ and from time to time advise the Civil have a significantly adverse effect on pany would then be acquire by a company future competition since it appears un­ Service Commission thereon. that would compete with Applicant in At these scheduled meetings, the com­ likely that Company would develop into that market. a viable competitor in the Indianapolis mittee will consider proposed plans for Applicant controls one bank with total implementation of Public Law 92-392, market, absent affiliation with a com­ deposits of $1 billion, representing 8.4 pany with greater resources. There is which law establishes pay systems for percent of the total deposits in commer­ Federal prevailing rate employees. evidence that, rather than incur the ex­ cial banks in the State of Indiana.1 Ap­ pense of seeking a purchaser, other than The meetings will be closed to the pub­ plicant’s bank, American Fletcher Na­ lic under a determination to do so, made Applicant, Economy Finance Corp., the tional Bank and Trust, Co., Indianapolis, seller, would liquidate Company’s In­ under the provisions of section 10(d) of Ind. (Bank) is the second largest bank Public Law 92-463. dianapolis assets, in which case the pub­ in the Indianapolis banking market2 However, members of the public who lic benefits of the proposed transaction and in Indiana, controlling 37.5 percent described below may be lost and, clearly, may wish to do so, are invited to submit of commercial bank deposits in the In­ material in writing to the Chairman con­ Indianapolis Shoppers Charge card­ dianapolis banking market. As a mem­ cerning matters felt to be deserving of holders would be adversely affected. It ber of the Interbank System, Bank is a the committee’s attention. Additional in­ appears unlikely that another purchaser formation concerning these meetings franchised issuer of “Master Charge” exists for Company, the acquisition not credit cards and, as such, maintains may be obtained by contacting the Chair­ being particularly attractive. There is no man, Federal Prevailing Rate Advisory agency agreements with 41 banks lo­ indication that purchasers, other than Committee, room 5451, 1900 E Street cated in Indiana, nine of which are lo­ Applicant, exist and, if another pur­ NW., Washington, D.C. cated in the Indianapolis banking chaser does exist, it would likely be an­ market. other competitor of Company from one D avid T. R oadley, Company engages in extending per­ of the markets presently served by Com­ Chairman, Federal Prevailing sonal credit through credit card plans pany. Rate Advisory Committee. and the servicing and purchasing of Moreover, the slight anticompetitive M a y 24, 1973. merchants’ receivables created by the effect that might result from approval of use of such credit cards. Company has [FR Doc.73-10736 Filed 5-29-73;8:45 am] this proposal is outweighed in the public five offices, one each in Cincinnati, Ohio; interest by other considerations. Since St. Louis, Mo.; Indianapolis, Ind.; Hous­ December 31, 1969, Company’s outstand­ FEDERAL RESERVE SYSTEM ton, Tex.; and Minneapolis, Minn. Bank ings have dropped dramatically from and Company compete both for credit AMERICAN FLETCHER CORP. $44.2 million to $25.1 million as of De­ card holder and participating merchant cember 31, 1972—a drop of 43.3 percent. Order Approving Acquisition of Credit Card business in the Indianapolis banking In that Applicant neither competes for Operations of Economy Finance Corp., market. Bank is the largest credit card credit card business in Minneapolis, Known as Shoppers Charge Service and issuer in the market, with outstandings Customs Services Houston, Cincinnati, or St. Louis, nor ap­ of $20.4 million, accounting for 51 per­ pears to be a potential entrant into any American Fletcher Corp., Indianapolis, cent of total outstandings in that market of those markets, consummation of the Ind., a bank holding company within the as of December 31, 1972. Of Company’s proposed transaction is not likely to have meaning of the Bank Holding Company total outstandings of $25.1 million, only any adverse effect on existing or future Act has applied for the Board’s approval, $1.2 million in outstandings derived from competition in those markets. To the under section 4(c) (8) of the act and the Indianapolis banking market as of contrary, the proposed acquisition should § 225.4(b) (2) of the Board’s regulation June 30, 1972, where it is believed to be have a favorable effect on competition m Y, to acquire assets of Shoppers Charge the fifth largest of eight credit card is­ the five markets in which Company op­ Service, Inc. (Cincinnati), of Shoppers suers, based on outstandings, and ac­ erates. In Indianapolis, where Applicant Charge Service, Inc. (St. Louis), of Shop­ counts for 3 percent of the total credit has assured the Board the Company s , pers Charge Service.Tnc. (Minnesota), card outstandings. operations would be maintained inde­ of Houston Shoppers Charge Service, of The Board agrees with the Depart­ pendent of Bank’s credit card operatiops, the Shoppers Charge division of Indian­ ment of Justice that consummation of the continued viability of the Company apolis Morris Plan Corp., and of the the proposal would eliminate such com­ would be insured. In the other fo^ Custom Services division of the Shoppers petition as presently exists between Bank markets, Applicant’s utilization of its Charge Division of Indianapolis Morris and Company in the credit card business already-proven managerial expertise Plan Corp., each of which corporations in the Indianapolis market; however, in in the credit card business should (hereinafter collectively referred to as strengthen Company’s weakened com­ Company) is a subsidiary of Economy 1 Banking deposit and market data are as petitive abilities. Furthermore, effectu­ Finance Corp., Indianapolis, Ind. Com­ of June 30, 1972, unless otherwise indicated. ation of Applicant’s planned de novo ex­ pany engages in the activities of issuing 2 The Indianapolis banking market is ap­ pansion of Company’s operations into credit cards to individuals and purchas­ proximated by Marion County. new geographic markets is considered

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14203

to the public interest in that eral Counsel acts as general counsel pro the evidence the person requesting the beneficial hearing proposes to submit or to elicit Company would constitute an additional tern. source for credit card serv­ at the hearing and a statement of the alternative By order of the Federal Open Market reasons why this matter should not be those areas. In view of the fore­ ices in Committee, May 15, 1973. resolved without a hearing. going the Board does not share the De­ A r t h u r L. B ro ida, The application may be inspected at partment’s view that the application Deputy Secretary. the offices of the Board of Governors or should b e denied. Based upon the foregomg and other [FR Doc.73-10693 Filed 5-29-73;8:45 am] at the Federal Reserve Bank of Atlanta. considerations reflected in the record, A ny views or requests for hearing the Board has determined that the bal­ should be submitted in writing and re­ FIRST COMMERCE CORP. ance of the public interest factors the ceived by the Secretary, Board of Gov­ Board is required to consider under Proposed Acquisition of Money, Inc., E-Z ernors of the Federal Reserve System, Washington, D.C. 20551, not later than section 4(c) (8) is favorable. Accordingly, Finance Plan of Gulfport, Inc., and E-Z the application is hereby approved. This Finance Plan of Biloxi, Inc. June 18, 1973. determination is subject to the condi­ First Commerce Corp., New Orleans, Board of Governors of the Federal Re­ tions set forth in § 225.4(c) of regulation La., has applied, pursuant to section 4 serve System, May 21, 1973. Y and to the Board’s authority to re­ (c )(8 ) of the Bank Holding Company [ s e a l ] C h e st e r B. F eld berg, quire such modification or termination Act (12 U.S.C. 1843(C)(8)) and § 225.4 Assistant Secretary of the Board. of the activities of a holding company or (b) (2) of the Board’s regulation Y, for any of its subsidiaries as the Board finds permission to acquire voting shares of [FR Doc.73-10691 Filed 5-29-73:8:45 am] necessary to assure compliance with the Money, Inc., New Orleans, La.; E-Z Fi­ provisions and purposes of the act and nance Plan of Gulfport, Inc., Gulfport, FIRST PIEDMONT CORP. the Board’s regulations and orders is­ Miss.; and E-Z Finance Plan of Biloxi, sued thereunder, or to prevent evasion Inc., Biloxi, Miss. Notices of the applica­ Order Approving Acquisition of Bank thereof. tion were published in newspapers on the First Piedmont Corp., Greenville, S.C., By order of the Board of Governors,® folowing dates: a bank holding company within the effective May 16,19^4/ New Orleans, La., the Times-Picayune, Apr. meaning of the Bank Holding Company 21 1973* Act, has applied for the Board’s ap­ [ seal] C h ester B. F eld berg, Thlbodaux, La., Daily Comet, Apr. 23, 1973. proval under section 3(a) (3) of the act Assistant Secretary of the Board, McComb, Miss., McComb Enterprise-Journal, (12 U.S.C. 1842(a)(3)) to acquire 9.5 [FR Doc.73-10690 Filed 5-29-73;8:45 am]. Apr. 23,1973. percent of the voting shares of First Columbia, Miss., the Columbian-Progress, Palmetto State Bank & Trust Co., Co­ Apr. 26,1973. lumbia, S.C. (Bank). FEDERAL OPEN MARKET COMMITTEE Houma, La., the Houma Daily Courier and the Terrebonne Press, Apr. 23, 1973. Notice of the application, affording Rules of Organization Franklin, La., St. Mary Banner and Franklin opportunity for interested persons to The Federal Open Market Committee Tribune, Apr. 24, 1973. submit comments and views, has been Gretna, La., West Bank Guide, Apr. 25, 1973. given in accordance with section 3(b) has amended its rules of organization in Pascagoula, Miss., the Mississippi Press Reg­ order to include references to the selec­ of the act. The time for filing comments ister, Inc., Apr. 26, 1973. and views has expired, and the Board has tion of a Deputy General Counsel. Hammond, La., the Hammond Vindicator, Effective June 1, 1973, section 4 of the considered the application and all com­ Apr. 26,1973. ments received in light of the factors set rules of organization is amended to read Reserve, La., L ’Observateur, Apr. 26,1973. as follows: Abbeville, La., the Abbeville Meridional, Apr. forth in section 3(c) of the act (12 U.S.C. 1842(c)). Sec. 4. Staff.— (a) Selection of staff 26, 1973. officers.—At its first meeting on or after Gulfport, Miss., the Daily Herald, May 3, Applicant’s one present banking sub­ March 1 of each year, the Committee se­ 1973. sidiary, which has its head office and two lects, from among the officers and em­ Applicant states that the proposed branches in Greenville, S.C., has deposits ployees of the Board and the Federal subsidiaries would engage in the activi­ of $27.1 million representing less than 1 Reserve Banks, the following staff of­ ties of making and acquiring loans or percent of commercial bank deposits in ficers to serve until the first meeting on other extensions of credit through the South Carolina. (All banking data are as or after March 1 of the next following operation of consumer loan finance com­ of June 30, 1972.) The acquisition of year: Secretary, Deputy Secretary, and panies and, in addition, acting as agent shares of Bank would not affect the con­ one or more assistant secretaries; Gen­ or broker in the sale o f credit life, credit centration of banking resources in the eral Counsel, Deputy General Counsel, accident and health, and property insur­ State. and one or more Assistant General ance incident to extensions of consumer Bank ($8.2 million of deposits), or­ Counsel; and economists, one or more of credit. Such activities have been speci­ ganized in February 1971, is the 9th whom may be designated as senior or fied by the Board in § 225.4(a) of regu­ largest of 11 banks competing in the associate economists or given titles re­ lation Y as permissible for bank holding relevant market area (approximated by flecting their areas of particular special­ companies, subject to Board approval of the Columbia SMSA) and holds only 1.6 ization. individual proposals in accordance with percent of the market deposits. Among ***** the procedures of § 225.4(b). those banks competing with Bank are Interested persons may express their five of the largest in the State. Appli­ (d) General Counsel and Deputy and cant’s only subsidiary bank is located in Assistant General Counsel.—The general views on the question whether consum­ mation of the proposal can “ reasonably a separate market area, approximately counsel furnishes such legal advice as the 100 miles southeast of Greenville. Committee may require. In the absence be expected to produce benefits to the of the General Counsel, the Deputy public, such as greater convenience, in­ This application presents the Board General Counsel, or an Assistant Gen- creased competition, or gains in effi­ with a situation in which, rather than ciency, that outweigh possible adverse acquiring control, applicant is making a effects, such as undue concentration of relatively small, noncontrolling invest­ 3Voting for this action: Vice Chairman resources, decreased or unfair competi­ ment in Bank. Both applicant and Bank Robertson and Governors Daane, Brimmer, are relatively young institutions. Appli­ Sheehan, and Bucher. Absent and not voting: tion, conflicts of interests, or unsound Chairman Bums and Governor MitcheU. banking practices.” Any request for a cant has Indicated that it cannot pres­ Board action was taken while Vice Chair- hearing on this question should be ac­ ently offer to purchase all of Bank’s wan Robertson was a Board Member. companied by a statement summarizing shares as the assumption of additional

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14204 NOTICES debt for the acquisition would not be Considerations relating to the finan­ of this order or (b) later than 3 months financially prudent for applicant at this cial and managerial resources and after the effective date of this order, un­ time. Acquisition through exchange of future prospects of applicant, its sub­ less such period is extended for good the additional shares necessary to con­ sidiaries, and Bank are satisfactory and cause by the Board, or by the Federal trol Bank would result in an unaccept­ consistent with approval of the applica­ Reserve Bank of Richmond pursuant to able level of dilution of applicant’s cur­ tion. Major banking needs in the area delegated authority. rent earnings per share. Applicant’s are being met. However, association of By order of the Board of Governors,3 stated purpose for acquiring the 9.5 per­ Bank with applicant could provide it cent interest in Bank is to expose the with more ready access to services which effective May 16, 1973.4 operations of the holding company to might make Bank more competitive with [ s e a l ] C h ester B. F eldberg, the management and directors of Bank the other organizations serving the rele­ Assistant Secretary of the Board. in anticipation that Bank’s management vant market. In addition, the proposed will recommend to their stockholders at transaction is the first step in an acqui­ [FR Doc.73-10692 Filed 5-29-73;8:45 am] some future date that the holding com­ sition that should ultimately improve pany acquire control of Bank. the structure of banking in South Caro­ GENEVA INVESTMENT CO. An acquisition of less than a control­ lina.1 Therefore, considerations relating ling interest is not a normal acquisition to the convenience and needs of the Order Approving Formation of Bank Hold­ for a bank holding company. However, communities to be served are consistent ing Company and Continuation of In­ the Bank Holding Company Act author­ with approval. It is the Board’s judg­ surance Agency Activities izes investments of up to 5 percent with­ ment that the proposed transaction Geneva Investment Co., Lincoln, Nebr., out Board approval, and, by requiring would be in the public interest, and that has applied for the Board’s approval prior Board approval for the acquisition the application should be approved. under section 3(a) (1) of the Bank Hold­ of more than 5 percent of the voting Applicant controls four nonbanking ing Company Act (12 U.S.C. 1842(a) (1)) , shares of a bank, clearly contemplates subsidiaries, Equipment Leasing Corp. of formation of a bank holding company investments between 5 and 25 percent. of South Carolina, the Falco Corp., Com­ through acquisition of 94.67 percent or Furthermore, as mentioned above, this puter Resources, Inc., and First Pied­ more of the voting shares of Fillmore proposal represents the first step in ap­ mont Travel, Inc., which, under the 1970 County Bank, Geneva, Nebr. (Bank). plicant’s planned acquisition of control. amendments, are subject to divestiture At the same time,* applicant has ap­ The Board believes, however, that prior to December 31, 1980, if Board ap­ plied for the Board’s approval, under such proposals must be carefully exam­ proval for retention is not obtained. section 4 (c)(8 ) of the act (12 U.S.C. ined to ensure that they do not serve Equipment Leasing Corp. of South Caro­ 1843(c)(8)) and § 225.4(b) (2) of the the private interests of certain share­ lina and the Falso Corp. of South Caro- Board’s regulation Y, to continue to en­ holders to the undue disadvantage of gaged in equipment and vehicle leasing. gage in the activities of a general insur­ others. The major concern raised in this Computer Resources, Inc. provides elec­ ance agency in a community of less than regard is whether the proposal is con­ tronic data processing, and First Pied­ 5,000 persons. sistent with the Board’s policy requiring mont Travel, Inc. is a travel agency. In Notice of receipt of the applications applicants to make substantially equiva­ addition to activities carried on through has been given in accordance with sec­ lent offers to all shareholders of a bank. subsidiaries, applicant directly (through tions 3 and 4 of the act, and the time for That policy is, in general, based on a its First Piedmont Management Group)" filing comments and views has expired. concern that a controlling holding com­ is engaged in the »activity of manage­ The Board has considered the applica­ pany can use its position to divert earn­ ment consulting. This service was inau­ tions and all comments received in the ings to the holding company in forms gurated between June 30, 1968, and light of the factors set forth in section other than dividends. This and other December 31,1970. 3(c) of the act (12 U.S.C. 1842(c)), and possible disadvantages to minority In approving this application, the the considerations specified in section shareholders could adversely affect the Board finds that the combination of a 4(c) (8) of the act. ability of small banks to raise capital 9.5 percent interest in an additional bank Applicant (wholly owned by one indi­ if bank stock purchasers were aware with applicant’s existing nonbanking vidual) was organized in 1971 and, that a holding company could purchase subsidiaries is unlikely to have an ad­ shortly thereafter, acquired the insur­ mere control. The Board regards control verse effect upon the public interest at ance agency activities that previously over a bank’s assets and earnings as a the present time. However, applicant’s had been conducted as a proprietorship corporate asset belonging to all share­ banking and nonbanking activities re­ by Bank’s previous principal share­ holders of the bank. Where, as here, main subject to Board review and the holder. Bank, with deposits of $6 million, control over the assets and earnings is Board retains the authority to require controls 12.2 percent of commercial bank not acquired, the reasons for the Board’s applicant to modify or terminate its deposits in the Fillmore County banking policy do not apply. Furthermore, at nonbanking activities or holdings if the market, ranks second in size of the seven such time as applicant comes in to pur­ Board at any time determines that the banks in the market, and is the smaller chase control, the Board can examine combination of Applicant’s banking and of the two banks in Geneva. (Banking the total situation to ensure that other nonbanking activities is likely to have data are as of June 30, 1972.) Consum­ shareholders have not been unduly adverse effects on the public interest. mation of the proposal herein would disadvantaged. On the basis of the record,2 the appli­ neither alter existing banking competi­ With respect to the other considera­ cation is approved for the reasons sum­ tion nor significantly affect potential tions involved in the Board’s delibera­ marized above. The transaction shall not competition and would not result in an tion on this application, the proposal be consummated (a) before the 30th increase in the concentration of banking would not be objectionable even were it calendar day following the effective date resources in any relevant area. to be considered an acquisition of con­ Considerations relating to the finan­ trol. There is no present competition be­ l The four largest banking organizations cial and managerial resources and pros­ tween any of applicant’s subsidiaries in South Carolina control 53 percent of the pects of applicant and Bank appear to be and Bank. Furthermore, it appears un­ State’s commercial bank deposits. The pro­ satisfactory and consistent with ap­ likely that any significant competition posed acquisition should ultimately result in proval. In this regard, the Board notes would develop in the future due to the the creation of a multibank holding which distances separating the banking offices should make the State’s existing banking and the fact that both institutions are structure more competitive. 8 Voting for this action: Chairman Burns relatively new. The Board concludes 2 Dissenting statement of Governors Rob­ and Governors Daane, Sheehan, and Bucher. that consummation of the proposal ertson and Brimmer filed as part of the Voting against this action: Governors Rob­ original document. Copies available upon re­ ertson and Brimmer. Absent and not voting: would not eliminate existing or potential quest to the Board of Governors of the Fed­ Governor Mitchell. competition, nor would it have adverse eral Reserve System, D.C. 20551, or to the ‘ Board action was taken while Governor effects on any competing bank. Federal Reserve Bank of Richmond. Robertson was a Board member.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14205

15.3 percent of deposits in Montana; that a substantially equivalent offer to By order of the Board of Governors1 effective May 22,1973. Nebraska—five banks with aggregate de­ Trchase shares has been m ade to B ank’s posits of $379 million representing 9.4 minority shareholders. Although appli- [seal] Chester B. Feldberg, percent of deposits in Nebraska; North S t will assume debt incurred when Assistant Secretary of the Board. Dakota—nine banks with aggregate de­ Sank and the insurance agency activ­ [F R Doc.73-10694 FUed 5-29-73;8:45 am] posits of $264 million representing 15 ities were acquired, it appears th at such percent of deposits in North Dakota; debt hiay be adequately serviced w ith­ NORTHWEST BANCORPORATION South Dakota—four banks with aggre­ out Placing an undue strain on Bank. gate deposits of $426 million representing Considerations relating to the conven­ Order Approving Acquisition of Banco 23.7 percent of deposits in South Dakota; Credit Life Insurance Co. ience and needs of the com munities in ­ and Wisconsin— one bank with deposits of $67 million representing 0.6 percent volved, with respect to the acquisition of Northwest Bancorporation, Minneapo­ lis, Minn., a bank holding company within of deposits in Wiscorisin. (All banking Bank, are consistent w ith approval. It is the meaning of the Bank Holding Com­ data are as of June 30, 1972, and reflect the Board’s judgment that consumma­ pany Act, has applied for the Board’s holding company acquisitions approved tion of th e tr a n s a c t io n w o u ld b e i n t h e approval, under section 4 (c)(8 ) of the through March 31, 1973.) public interest and th a t the acquisition of act and § 225.4(b) (2) of the Board’s reg­ Banco Life will be formed as an Ari­ Bank should be approved. ulation Y, to acquire voting shares of zona insurance corporation with initial Applicant operates a general insurance Banco Credit lif e Insurance Co. (Banco capital of $250,000. As Banco Life will be agency from Bank’s premises in Geneva, L ife), Minneapolis, Minn., a company qualified to underwrite insurance directly that will engage de novo in the under­ only in Arizona, its initial activities will a community of approximately 2,400 per­ writing, as reinsurer, of credit life and be limited to acting as reinsurer of credit sons. The Board has previously deter­ disability insurance in connection with life and disability insurance policies mined by regulation that the conduct of extensions of credit by applicant’s made available in connection with ex­ a general insurance agency in a commun­ subsidiaries. tensions of credit by Northwest’s sub­ ity of less than 5,000 persons is closely Notice of the application, affording sidiaries. Such insurance will be directly opportunity for interested persons to related to banking (12 CFR 225.4(a) underwritten by an insurer or insurers submit comments arid views, was duly qualified to underwrite in the States (9) (iii) (a)). The evidence shows that published (37 FR 2542). The time for where Northwest’s subsidiaries do busi­ there are five competing insurance filing comments and views has expired ness and will thereafter be assigned or agencies. There is no evidence in the and all received have been considered, ceded to Banco Life. Credit life and dis­ record indicating that consummation of including those presented orally and in ability insurance is generally made avail­ the proposal would result in any undue writing in connection with a Board hear­ able by banks and other lenders and such ing on March 24, 1972, pertaining to'the concentration of resources, unfair com- insurance is designed to assure repay­ underwriting of credit life and credit ac­ ment of a loan in the event of death or petition, conflicts of interest, unsound cident and health insurance in general disability of the borrower. Northwest banking practices, or other adverse ef­ and this application in particular. makes available and proposes to reinsure fects on the public interest. It does ap­ Effective December 11,1972, the Board decreasing term and level term credit life pear that approval of the application amended § 225.4 of regulation Y to add insurance depending upon whether the will assure the community of Geneva of the activity of “acting as underwriter outstanding balance of the extension of credit decreases during the term of the the continued operation of a convenient for credit life insurance and credit acci­ dent and health insurance which is di­ loan. Northwest also makes available and alternative source of insurance agency rectly related to extensions of credit by proposes to underwrite joint life cover­ services. Based upon the foregoing and age of a borrower and his or her spouse;« the bank holding company system” to the other considerations reflected in the rec­ but such coverage will be sold only when list of activities the Board has deter­ ord, the Board has determined that the the credit extension is dependent upon mined to be closely related to banking.3 public interest factors that the Board is the income of both the husband and Applicant controls 79 banks in seven wife. required to consider regarding the con­ States with total deposits of $4.3 billion. Northwest has indicated that its bank­ tinuation of applicant’s insurance agency O f the 79 banks, 49 are located in Minne­ ing subsidiaries presently receive income activities are favorable and the applica­ attributable to the sale of credit life and sota where the aggregate deposits of ap­ tion should be approved. disability insurance and that the bank­ plicant’s subsidiary banks total $2.4 bil­ On the basis of the record, the appli­ ing subsidiaries will continue to receive lion representing 23.6 percent of the income of this type if this application is cations to acquire Bank and to continue commercial bank deposits in the State. approved. Northwest’s banking affiliates to engage in insurance agency activities The corresponding data for the other six are presently utilizing 36 different com­ are approved for the reasons summarized States are: Iowa—four banks with ag­ panies to underwrite the credit life and above. The acquisition of Bank shall not disability policies offered. I f its appli­ gregate deposits of $480 million repre­ be consummated (a) before the 30th cal­ cation to acquire Banco Life is approved, senting 6.3 percent of deposits in Iowa; endar day following the effective date of Northwest expects that all or a major Montana—seven banks with aggregate portion of the credit life and disability this order nor (b) later than 3 months deposits of $289 million representing insurance made available by its subsidi­ after the effective date of this order, un­ aries will be underwritten by a single in­ less such period is extended for good 1 Voting for this action: Chairman Burns surance underwriter which will in turn cause by the Board, or by the Federal Re­ and Governors Sheehan and Bucher. Voting cede or assign such policies to Banco serve Bank of Kansas City pursuant to against this action: Governor Brimmer for Life. Although it appears that approval delegated authority. The determination the reasons set forth in the dissenting state­ of the application may facilitate the re­ ment in the matter of the application of CBT duction of the number of underwriters ^ to the insurance agency activities is Corp. to acquire General Discount Corp. (38 serving Northwest’s subsidiaries, such a subject to the conditions set forth in FR 13580 (order effective May 14, 1973)). result could be accomplished regardless 5225.4(c) of regulation Y and to the Absent and not voting: Governors Mitchell and Daane. of the present application. Also, as any Board’s authority to require such modifi­ 2 in adopting § 225.4(a) (10), the Board did qualified underwriter in a State where cation or termination of the activities of not consider the underwriting of long term, Northwest’s affiliates are located may a holding company or any of its subsidi­ high value decreasing term life insurance compete to act as qualified underwriter where age is a factor in the rate to be charged. for Northwest (and subsequently cede or aries as the Board finds necessary to as­ Accordingly, underwriting insurance of this assign such insurance to Banco L ife ), it sure compliance with the provisions and type, which is commonly offered in connec­ appears unlikely that consummation of Purposes of the act and the Board’s regu­ tion with real estate mortgage loans, is not regarded as having been determined to be the proposal will eliminate significant lations and orders issued thereunder, or closely related to banking under § 225.4 competition in the underwriting of credit to prevent evasion thereof. (a )(10). life and disability insurance.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 1 4 2 0 6 NOTICES

In connection with its addition of By order of the Board of Governors,* (1) ICP docket No. 20024, Island Creek Coal credit life underwriting to the list of per­ effective May 21, 1973.® Co., Virginia Pocahontas No. 1 Min« missible activities for bank holding com­ USBM ID No. 44 00246 0, Keen Mom’ panies, the Board stated that: [ s e a l ] C h e st e r B. F eldberg, tain, Va. 24624: n Assistant Secretary of the Board. Section ID No. 003 (No. 2 unit). To assure that engaging in the under­ Section ID No. 017 (No. 8 unit)! writing erf credit life and credit accident and [FR Doc.73-10695 Filed 5-29-73;8:45 am ] Section ID No. 015 (No. 2 longwall) health insurance oan reasonably be expected Section ID No. 016 (No. 3 longwall) to be in the public interest, theBoard will GENERAL SERVICES (2) IC P docket No. 20025, Island Creek Coal only approve applications in which an appli­ Co., Virginia Pocahontas No. 3 Mine cant demonstrates that approval will benefit ADMINISTRATION USBM ID No. 44 01520 0, Keen Maun! the consumer or result in other public bene­ {Federal Property Management Regulations; tain, Va.; Section ID No. 009 (No l fits. Normally such a showing would be made Temporary Reg. F-179] longwall). by a projected reduction in rates or increase in policy benefits due to bank holding SECRETARY OF DEFENSE (3) ICP docket No. 20045, Island Creek Coal Co., Virginia Pocahontas No. Mine company performance of this service. 4 Delegation of Authority USBM ID No. 44 02134 0, Keen Mom! In the subject application, Northwest tain, Va.: 1. Purpose.— This regulation delegates Section ID No. 001 (No. 1 unit). has stated that Banco Life and the. direct authority to the Secretary of Defense to insurer (s) which issues the credit life Section ID No. 002 (No. 2 unit)! represent the consumer interests of the Section ID.No. 003 (No. 3 unit). and disability policies made available by Federal Government in an electric serv­ Section ID No. 004 (No. 4 unit)! Northwest’s subsidiaries will reduce the ice rate proceeding. Section ID No. 005 (No. 5 unit). rates charged for credit life insurance in 2. Effective date.— This regulation is Section ID No. 006 (No. 6 unit). six of the seven States where Northwest’s effective immediately. (4) ICP docket No. 20059, Island Creek Coal banking subsidiaries are located by 3. Delegation.-— Co., Hamilton No. 1 Mine, USBM ID amounts ranging between 5 and 7 per­ No. 15 02129 0, Madisonville, Ky.: a. Pursuant to the authority vested in Section ID No. 023 (N W main entries). cent. Northwest also states that certain me by the Federal Property and Admin­ preexisting condition exclusions found Section ID No. 037 (one north oft istrative Services Act of 1949, 63 Stat. main west off main north). in the disability insurance policies (credit 377, as amended, particularly sections Section ID No. 032 (main west parallel accident and health insurance) it makes 201(a)(4) and 205(d) (40 U.S.C. 481 (a )- entries). available will be waived in all seven (4) and 486(d)), authority is delegated Section ID No. 030 (main north paral­ States and has presented a statement to the Secretary of Defense to represent lel entries). from an independent actuary that such a the consumer interests of the executive Section ID No. 034 (main north waiver would ordinarily cost a customer agencies of the Federal Government be­ entries). Section ID No. 027 (main west off main an additional 10 percent premium fore the Arizona Corporation Commission charge. The Board believes that the pro­ south entries). in a proceeding (docket No. U-1345) in­ Section ID No. 033 (main south posed rate changes and waivers provide volving an application of Arizona Public entries). reduced costs and additional benefits Service Co. for an increase from its cur­ Section ID No. 036 (one south off main to customers and are procompetitive and rent rate of return and a determination w est). in the public interest. However, with of the fair value of its property. Section ID No. 038 (two south off respect to the seventh State involved in main west). b. The Secretary of Defense may re­ (5) ICP docket No. 20060, Island Creek Coal the proposal, Northwest has indicated delegate this authority to any officer, offi­ that for a variety of reasons it is unable Co., Hamilton No. 2 Mine, USBM ID cial, or employee of the Department of No. 15 02706 O. Madisonville, Ky.; to reduce rates for credit life insurance Defense. Section ID No. 002 (main north). at this time. The Board notes the pre­ c. This authority shall be exercised Section ID No. 001 (main east). vailing rates in that State are consid­ in accordance with the policies, pro­ Section ID No. 007 (three west of erably above the national norm and the cedures, and controls prescribed by the n orth ). Section ID No. 008 (four west off Board is unable to conclude that the General Services Administration, and, proposal, insofar as it relates to under­ n o rth ). writing credit life insurance in that further, shall be exercised in cooperation Section ID No. 009 (main west off State, is in the public interest. with the responsible officers, officials, and n o rth ). employees thereof. Section ID No. 006 (east parallels). Based upon the foregoing and other (6) ICP docket No. 20084, Island Creek Coal considerations reflected in the record, A r t h u r F. S a m p s o n , Co., Providence No. 1 Mine, USBM ID the Board has determined that the bal­ Acting Administrator No. 15 92156 O, Madisonville, Ky.: ance of the public interest factors the of General Services. Section ID No. 018 (five off M south). Section ID No. 014 (two west off M Board is required to consider under sec­ M a y 23, 1973. tion 4(c) (8) is favorable except with re­ south). spect to the proposed underwriting of [FR Doc.73-10716 Filed 5-29-73;8:45 am] Section ID No. 019 (M north). Section ID No. 015 (one east off main credit life insurance in one -State as sou th). noted above. Accordingly, the applica­ INTERIM COMPLIANCE PANEL COAL tion is hereby approved except as it MINE HEALTH AND SAFETY In accordance with the provisions of refers to the underwriting of credit life section 202(b) (4) (30 U.S.C. 842(b) (4))) insurance for the one State in which no ISLAND CREEK COAL CO. of the Federal Coal Mine Health and rate reductions have been proposed, Applications for Renewal Permits; Notice Safety Act of 1969 (83 Stat. 742, et seq., which portion of the application is de­ of Opportunity for Public Hearing Public Law 91-173), notice is hereby nied. This determination is subject to given that requests for public hearing as Applications for renewal permits for the conditions set forth in § 225.4(c) of to an application for renewal may be regulation Y and to the Board’s authority noncompliance with the interim manda­ filed within 15 days after publication of to require such modification or termina­ tory dust standard (2.0 mg/ms) have this notice. Requests for public hearing tion of the activities of a holding com­ been received as follows: must be filed in accordance with 30 CFR pany or any of its subsidiaries as the part 505 (35 FR 11296, July 15,1970), as Board finds necessary to assure compli­ amended, copies of which may be ob­ * Voting for this action: Chairman Burns tained from the panel on request. ance with the provisions and purposes of and Governors Robertson, MitcheU, Daane, the act and the Board’s regulations and Brimmer, Sheehan, and Bucher. A copy of the application is available orders issued thereunder, or to prevent s Board action was taken while Governor for inspection and requests for public evasion thereof. Robertson was a Board Member. hearing may be filed in the office of the

FEDERAL REGISTER, V O L 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 97 3 NOTICES 14207

covered by the patent and made by SNK despondence Control Officer, Interim [Pile No. 500-1] or its sublicensees, or purchased by SNK SmpUance Panel, room 800, 1730 K DELICIAS INTERNATIONAL, INC. or its sublicensees from third parties j S w , Washington, D.C. 20006. Order Suspending Trading other than Applicant, provided such G eorge A. H o r n b e c k , manufacture or purchase occurs prior to M a y 17, 1973. Chairman, the ekpiration of the patent and the Interim Compliance Panel. It appearing to'the Securities and Ex­ polymer is used or sold. change Commission, that the summary Applicant submits that the proposed May 24,1973. suspension of trading in the common transaction was negotiated on an arms- stock, $0.10 par value, and all other [FR Doc.73-10683 Piled 5 -2 9 -7 3 ;8:45 am] length basis and that the terms of the securities of Delicias International, Inc., proposed transaction, including the con­ SECURITIES AND EXCHANGE being traded otherwise than on a na­ sideration to be paid and received, are tional securities exchange is required in COMMISSION reasonable and fair, and do not involve the public interest and for the protection overreaching on the part of any person [Pile No. 500-1] of investors: concerned; and further that the trans­ I t is ordered, Pursuant to section action is consistent with the general pur­ ARLAN’S DEPARTMENT STORES INC. 15(c) (5) of the Securities Exchange Act Order Suspending Trading of 1934, that trading in such securities poses of the Act. Section 17(a) of the Act, prohibits an M a y 18, 1973. otherwise than on a national securities exchange be summarily suspended, this affiliated person of a registered invest­ The common stock, $1 par value, of order to be effective for the period from ment company from purchasing from Arlan’s Department Stores Inc., being 2 p.m., e.d.t., May 17, 1973, through May such company or any company con­ traded on the New York Stock Exchange, 26, 1973. trolled by such registered investment and the FBW Stock Exchange, pursuant company any security or other property, to provisions of the Securities Exchange By the Commission. with certain exceptions, unless the Com­ Act of 1934, and all other securities of [ seal] R o n a ld F . H u n t , mission finds, upon application under Arlan’s Department Stores Inc., being Secretary. section 17(b) of the Act, that the terms traded on or otherwise than on a national of the proposed transaction are reason­ securities exchange; and [PR Doc.73-10700 Piled 5-29-73;8:45 am] able and fair and do not involve over­ It appearing to the Securities and Ex­ reaching on the part of any person con­ change Commission, that the summary [8 12 -3 4 56 ] cerned and that the proposed transac­ suspension of trading in such securities tion is consistent with the policy of the on such exchange and otherwise than on E. I. DU PONT DE NEMOURS AND CO. registered investment company and the a national securities exchange is re­ Notice of Filing of Application for Order general purposes of the Act. quired in the public interest and for the Exempting Proposed Transaction Notice is further given that any inter­ protection of investors: Notice is hereby given that E. I. du ested person may, no later than June 18, It is ordered, Pursuant to sections 15 Pont de Nemours and Co. (“Applicant” ) 1973, at 5:30 p.m., submit to the Commis­ (c)(5) and 19(a)(4) of the Securities Wilmington, Del. 19898, a Delaware cor­ sion in writing a request for a hearing on Exchange Act of 1934, that trading in poration, has filed an application pur­ the matter accompanied by a statement such securities on the above-mentioned suant to section 17 (b) of the Investment as to the nature of his interest, the rea­ exchanges and otherwise than on a na­ Company Act of 1940 (“Act” ), for an son for such request and the issues of tional securities exchange be summarily order exempting from the provisions of fact or law proposed to be controverted, suspended, this order to be effective for section 17(a), of the Act, applicant’s or he may request that he be notified if the period from May 21, 1973, through proposed grant to Showa Neoprene K. K. the Commission should qjder a hearing May 30, 1973. (“SNK” ) , a Japanese corporation, of an thereon. Any such communication By the Commission. exclusive license, with the right to grant should be addressed: Secretary, Secu­ sublicenses, to certain Japanese patent rities and Exchange Commission, Wash­ [seal] R o n a ld F. H u n t , ington, D.C. 20549. A . copy of such re­ Secretary. rights. All interested persons are referred to the application on file with the Com­ quest shall be served personally or by [FR Doc.73-10698 Piled 5-29-73;8:45 am] mission for a full statement of the rep­ mail (air mail if the person being served resentations therein, which are sum­ is located more than 500 miles from the marized below. point of m ailing), upon Applicant, at the [File No. 500-1] address stated above. Proof of such serv­ Christiana Securities Co. (“ Chris­ BENEFICIAL LABORATORIES, INC. ice (by affidavit or in case of an attorney tiana” ), a registered closed-end invest­ at law by certificate), shall be filed con­ Order Suspending Trading ment company, owns approximately 28.1 temporaneously with the request. At any percent of the outstanding common M a y 23, 1973. time after said date, as provided by rule stock of applicant, which in turn, owns It appearing to the Securities and Ex­ 0-5 of the rules mid regulations promul­ 50 percent of the outstanding common gated under the Act, an order disposing change Commission, that the summary stock of SNK. Under section 2(a) (9) of suspension of trading in the common of the application herein may be issued the Act, both applicant and SNK are by the Commission upon the basis of the stock, warrants, units, and all other se­ presumed to be controlled by Christiana curities of Beneficial Laboratories, Inc., information stated in said application, and, under section 2(a) (3) of the Act, unless an order for hearing upon said being traded otherwise than on a na­ both applicant and SNK are also affil­ tional securities exchange is required in application shall be issued upon request iated persons of Christiana. The re­ or upon the Commission’s own motion. the public interest and for the protection maining 50 percent of SNK's outstanding of investors: • Persons who request a hearing, or ad­ common stock is owned by Showa Denko vice as to whether a hearing is ordered, is ^dered, Pursuant to section 15(c) K. K., a Japanese corporation. of the Securities Exchange Act of will receive notice of further develop­ SNK, a manufacturer of elastomeric ments in this matter, including the date that trading in such securities polymer materials, seeks to acquire from otherwise than on a national securities of the hearing, if ordered, and any Applicant, on an exclusive basis in Japan, postponements thereof. exchange be summarily suspended, this Japanese patent rights which it requires order to be effective for the period from to manufacture and sell certain fluoro- For the Commission, by the Division May 24,1973, through June 2, 1973. elastomers. In consideration for the of Investment Management Regulation, By the Commission. granting of such an exclusive license, pursuant to delegated authority. SNK has agreed to pay Applicant royal­ I-SEAL^ R o n a ld F. H u n t , ties at the rate of $1 for each pound of [ seal] R o n a ld F . H u n t , Secretary. polymer of vinylidene fluoride, hexa- Secretary. [FR Doc.73-10699 Piled 5-29-73;8:45 am] fluoropropene and tetrafluoroethylene [P R Doc.73-10697 Piled 5-29-73;8:45 am ]

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14208 NOTICES

[Pile No. 600-1] 1935 (Act), designating section 6(b) of granted as provided in rule 23 of tho JEROME MACKEY’S JUDO, INC. the Act and rule 50 promulgated there­ general rules and regulations promu! under as applicable to the following pro­ Order Suspending Trading gated under the Act, or the Commission posed transaction. All interested persons may grant exemption from such rules as M a y 18.1973. are referred to the application, which is provided in rules 20(a) and 100 thereof It appearing to the Securities and Ex­ summarized below, for a complete state­ or take such other action as it may deem change Commission that the sum m ary ment of the proposed transaction. appropriate. Persons who request a hear- suspension of trading in the common Penelec proposes to issue and sell, sub­ ing or advice as to whether a hearing is stock, $0.01 par value, and all other se­ ject to the competitive bidding require­ ordered will receive notice of further curities of Jerome Mackey’s Judo, Inc., ments of rule 50, $30 million principal developments in this matter, including being traded otherwise than on a na­ amount of First Mortgage bonds,____ the date of the hearing (if ordered) and tional securities exchange is required in percent series due 2003. The interest rate any postponements thereof. the public interest and for the protection (which shall be a multiple of one-eighth of investors: of 1 percent) and the price, exclusive of For the Commission, by the Division I t is ordered, Pursuant to section 15 Cc) accrued interest (which shall be not less of Corporate Regulation, pursuant to (5) of the Securities Exchange Act of than 100 percent nor more than 102.75 delegated authority. 1934, that trading in such securities percent of the principal amount thereof) [ seal] R o nald F. H unt, otherwise than on a national securities will be determined by the competitive Secretary. exchange be summarily suspended, this bidding. The bonds will be issued under order to be effective for the period from an indenture dated January 1, 1942, be­ [P R Doc.73-10696 Piled 5-29-73;8:45 am] May 20,1973, through May 29,1973. tween Penelec and Bankers Trust Co., trustee, as heretofore supplemented and By the Commission. [Pile No. 500-1] as to be further supplemented by a sup­ PROOF LOCK INTERNATIONAL CORP. [ s e a l ] R o n a ld P . H u n t ; plemental indenture to be dated July 1, Secretary. 1973, and which includes, subject to cer­ Order Suspending Trading tain exceptions, a prohibition until July [P R Doc.73-10701 Piled 5-29-73;8:45 am] M a y 23, 1973. 1, 1978, against refunding the issue with the proceeds of funds borrowed at a It appearing to the Securities and Ex­ [FUe No. 500-1] lower interest cost. change Commission that the summary The proceeds from the sale of the suspension of trading in the common OLD TOWN CORP. bonds will be used toward the payment stock, $0.01 par value, and all other secu­ Order Suspending Trading of a portion of Penelec’s short-term bank rities of Proof Lock International Corp., loans which are expected to aggregate being traded otherwise than on a national M a y 22,1973. approximately $39,500,000 immediately securities exchange is required in the The common stock, $1 par value, of prior to the sale of the bonds. Any pre­ public interest and for the protection of Old Town Corp., being traded on the mium realized from the sale of the bonds investors: American Stock Exchange, pursuant to will be used for financing the business of It is ordered, Pursuant to section 15(c) provisions of the Securities Exchange Act Penelec, including the payment of ex­ (5) of the Securities Exchange Act of of 1934 and all other securities of Old penses of this financing. 1934, that trading in such securities Town Corp. being traded otherwise than The fees and expenses relating to the otherwise than on a national securities on a national securities exchange; and proposed transaction are estimated at exchange be summarily suspended, this It appearing to the Securities and Ex­ $125,000, including legal fees of $38,000 order to be effective for the period from change Commission that the summary and an accounting fee of $7,600. An esti­ May 24, 1973; through June 2, 1973. suspension of trading in such securities mate of the fee of counsel for the under­ By the Commission. on such exchanges and otherwise than writers, to be paid by the successful bid­ on a national securities exchange is re­ ders, will be supplied by amendment. [ seal ] R onald F. H un t, quired in the public interest and for the It is stated that the Pennsylvania Pub­ Secretary. protection of investors: lic Utility Commission has jurisdiction [P R Doc.73-10703 Piled 5-29-73;8:45 am] I t is ordered, Pursuant to section 19(a) over the proposed issue and sale of bonds (4) and 15(c) (5) of the Securities Ex­ by Penelec. It is further stated that no [Pile No. 500-1] change Act of 1934, that trading in such other State commission and no Federal securities on the above mentioned ex­ commission, other than this Commission, ' TRIEX INTERNATIONAL CORP. change and otherwise than on a national has jurisdiction over the proposed Order Suspending Trading securities exchange he summarily sus­ transaction. pended, this order to be effective for the Notice is further given that any inter­ M a y 23, 1973. period from 12 noon (e.d.t.) May 22,1973, It appearing to the Securities and Ex­ and continuing through May 31,1973. ested person may, not later than June 28, 1973, request in writing that a hearing change Commission that the summary By the Commission. be held on such matter, stating the na­ suspension of trading in the common ture of his interest, the reasons for such stock, $0.01 par value, of Triex Interna­ [ s e a l ] R o n a ld P . H u n t , tional Corp. being traded otherwise than Secretary. request, and the issues of fact or law raised by said application which he de­ on a national securities exchange is re­ [P R Doc.73-10702 Piled 5-29-73;8:45 am] sires to controvert; or he may request quired in the public interest and for the that he be notified if the Commission protection of investors; should order a hearing thereon. Any such [70--5353] I t is ordered, Pursuant to section request should be addressed: Secretary, PENNSYLVANIA ELECTRIC CO. Securities and Exchange Commission, 15(c) (5) of the Securities Exchange Act of 1934, that trading in such securities Notice of Proposed Issue and Sale of First Washington, D.C. 20549. A copy of such Mortgage Bonds at Competitive Bidding request should be served personally or otherwise than on a national securities by mail (airmail if the person being exchange be summarily suspended, this Notice is hereby given that Pennsyl­ served is located more than 500 miles order to be effective for the period May vania Electric Co. (Penelec), 1001 Broad from the point of mailing) upon the ap­ Street, Johnstown, Pa. 15907, an electric plicant at the above-stated address, and 24,1973, through June 2,1973. utility subsidiary company of General proof of service (by affidavit or, in case By the Commission. Public Utilities Corp., a registered hold­ of an attorney at law, by certificate) ing company, has filed an application [ s e a l ] R onald F. H u n t , should be filed with the request. A t any Secretary. with this Commission pursuant to the time after said date, the application, as Public Utility Holding Company Act of filed or as it may be amended, may be [P R Doc.73-10704 Piled 5-29-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 NOTICES 14209

[File No. 500-1] advance the best interests of the small 22 Chaminade, Creve Coeur, Mo. 63141, U.S. FINANCIAL INC. business investment company program and William T. Dawkins— president and in a manner consonant with the policy director, 1425 NE. Cochran Drive, Order Suspending Trading objectives of the act and regulations. The Gresham, Oreg. 97030. M a y 23, 1973. application further represents that no Matters involved in SBA’s considera­ The common stock, $2.50 par value, special privileges will accrue to Mr. tion of the application include the gen­ of U.S. Financial Inc., being traded on Flowers or any other stockholder or eral business reputation and character the New York Stock Exchange, pursuant group of stockholders. of the new owners and the probability to provisions of the Securities Exchange Notice is further given that any inter­ of successful operation of OSBIC under Act of 1934 and all other securities of ested person may on or before June 14, their control and management (includ­ U.S. Financial Inc., being traded other­ 1973, submit to SBA, in writing, relevant ing adequate profitability and financial wise than on a national securities ex­ comments on this transaction. Any such soundness) in accordance with the act change; and communication should be addressed to and regulations. It appearing to the Securities* and Ex­ the Deputy Associate Administrator for Notice is hereby given that any inter­ change Commission that the summary Investment, Small Business Administra­ ested person may, on or before June 14, suspension of trading in such securities tion, 1441 L Street NW., Washington, 1973, submit to SBA, in writing, relevant on such exchange and otherwise than D.C. 20416. After the aforementioned 15- comments on the transfer of control. on a national securities exchange is re­ day period, SBA may, under the regula­ Any such communication should be ad­ quired in the public interest and for the tions, dispose of the application upon the dressed to: protection of investors; basis of the information stated in said Deputy Associate Administrator for Invest­ It is ordered, pursuant to sections application and' other relevant data. ment, Small Business Administration, 1441 15(c)(5) and 19(a)(4) of the Securities Dated May 18, 1973. L Street NW., Washington, D.C. 20416. Exchange Act of 1934, that trading in J a m es T h o m a s P h e l a n , A copy of this notice shall be published such securities on the above mentioned by the transferee in a newspaper of gen­ exchange and otherwise than on a na­ Deputy Associate Administrator for Investment. eral circulation in both Portland, and tional securities exchange be summarily Salem, Oreg. [FR Doc.73-10624 Filed 5-29-73;8:45 am] suspended, this order to be effective for Dated May 18,1973. the period from May 24, 1973 through June 2, 1973. J a m e s T h o m a s P h e l a n , OREGON SMALL BUSINESS INVESTMENT Deputy Associate Administrator By the Commission. CO. for Investment. [seal] R o n a ld F. H u n t , Notice of Filing of Application for Transfer [FR Doc.73-10623 Filed 5-29-73;8:45 ami Secretary. of Control of Licensed Small Business Investment Company [PR Doc.73-10705 Filed 5-29-73;8:45 am] VETERANS ADMINISTRATION Notice is hereby given that an appli­ COOPERATIVE STUDIES EVALUATION SMALL BUSINESS ADMINISTRATION cation has been filed with the Small Business Administration (SBA) pursuant COMMITTEE CASCADE CAPITAL CORP. to § 107.701 of the SBA’s rules and regu­ Notice of Meeting Notice of Filing of an Application for Ex­ lations (13 CFR 107.701 (1973)) for ap­ proval of the transfer of control of Ore­ The Veterans Administration gives emption with Respect to Conflict-of- notice pursuant to Public Law 92-463 interest Transaction gon Small Business Investment Co. (OSBIC), 661 High Street, NE., Salem, that a meeting of the Cooperative Studies Notice is hereby given that Cascade Oreg. 97301, a Federal licensee under the Evaluation Committee, authorized by 38 Capital Corp., 421 SW. Sixth Avenue, Small Business Investment Act of 1958, United States Code 4101, will be held in Portland, Oreg. 97204, a Federal licensee as amended (the act), license No. 10/13- room 119 of the main VA building, 810 under the Small Business Investment 0003. Vermont Avenue NW., Washington, D.C. Act of 1958, as amended (the a ct), Li­ OSBIC was licensed on April 6, 1961. on June 5 and 6, 1973, beginning at 8:30 cense No. 10/13-0002, has filed an appli­ Its present combined paid-in capital a.m. The meeting will be for the purpose cation pursuant to § 107.1004 of the and paid-in surplus (private capital) is of reviewing proposed cooperative studies Small Business Administration (SBA) $155,000. This proposed transfer of con­ and advising the VA on the relevance rules and regulations (13 CFR 107.1004 trol is subject to and contingent upon the and feasibility of the studies, the ade­ (1973)) for an exemption with respect to approval of SBA. quacy of the protocols, the scientific a conflict-of-interest transaction cov­ Multnomah Capital Corp. (M M C), validity and the propriety of technical ered by section 312 of the act. 1017 SW. Washington Street, Portland, details, including involvement of human On November 3, 1971, the licensee in­ Oreg. 97205 (an Oregon corporation) is subjects. The Committee advises the Di­ vested $137,500 in Wasteco, Inc. owned by Messrs. E. David Rabhan, W il­ rector of the Research Service through (Wasteco), 20675 SW. 105th, Tualatin, liam Dawkins, and W. Orren Brownson. the Chief, cooperative studies program Oreg. 97062, and on March 27, 1973, the MCC has offered to purchase the out­ on its findings. hcensee invested another $25,000 in standing stock of OSBIC from its present The meeting will be open to the public Wasteco. Simultaneously with the 1971 owners. The principal activities of MCC up to the seating capacity of the room financing, Vanguard Venture I ( W I ) , a are that of business consultants special­ from 8:30 a.m. to 9:30 a.m. on June 5, Partnership in which Mr. Jack S. Flowers izing in corporate finance and mergers, to discuss the general status of the pro­ (the licensee’s president) has a one-third acquisitions, and divestitures. When ac­ gram. To assure adequate accommoda­ interest, invested $17,500 in Wasteco. quired by MCC, OSBIC will constitute tions, those who plan to attend should The licensee’s investments in Wasteco the largest percentage of MCC’s assets. contact Dr. James A. Hagans, Coordina­ come within the purview of the cited After the acquisition of not less than 51 tor of the Committee, VA Central Office, regulation because on December 30,1971, percent of OSBIC’s outstanding common Washington, D.C. (202-389-3702) prior w * ^ owers became a director of stock, MCC will invest an additional to June 1. wasteco on behalf of both the licensee $420,000 in OSBIC bringing its private The meeting will be closed from 9:30 and at the same time had an capital to around $575,000. a.m. to 4:30 p.m. on June 5, and from airect financial interest in Wasteco The proposed officers and directors of 8:30 a.m. to 4:30 p.m. on June 6, for (through W I ownership). OSBIC wifi be: consideration of specific proposals. Dur­ J h 0 application represents that the E. David Rabhan— chairman, treas­ ing this portion of the meeting, discus­ r.f5fac^lon is fair and reasonable to all urer, 211 West Pine Street, Post Office sion and decisions will deal with qualifi­ parties concerned and that the exemp- Drawer 8, Swainsboro, Ga. 30401 and cations of personnel conducting the n requested is reasonably calculated to Robert P. Baine— secretary and director, studies and to medical records of patients

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—Pt.1-----9 14210 NOTICES who are study subjects, the disclosure of Burners, variety-department store; No. Host International, Inc., restaurant; Will which would constitute an invasion of 5436, San Antonio, Tex.; 3-5-74. Rogers Turnpike, Vinita, Okla.; 3-6-74. Burger Chef, restaurant; 600 East State Hudson’s Big Country Store, Inc., variety- personal privacy. Street, Fremont, Ohio; 3-17-74. department store; Coalgate, Okla.; 2-26-74. Dated May 23, 1973. Burke Pharmacy, Inc., drugstore; 1812 Jewish Home for Aged, nursing home; 158 North Cleburn, Grand Island, Nebr.; 2-25-74. North Street, Portland, Maine; 11-2-73. By direction of the Administrator. Cambridge Nursing Home, Inc., nursing Jim Dandy Drive-In, restaurants, 3- 14. 74; home; 548 West First Street, Cambridge, 802 East Main Street, Greenfield, Ind.; 2400 [ se al! R u f u s H . W il s o n , Minn.; 2-28-74. East Conner, Noblesville, Ind.; 203 West Associate Deputy Administrator. Cantoni’s Grill, Inc., restaurant; 1901 Jefferson, Tipton, Ind. Leavenworth, Omaha, Nebr.; 3—17—74. Kartus, Inc., variety-department store; [P R Doc.73-10712 Piled 5-29-73;2:45 am] Carmel Home, nursing home; 2501 Old Selma Mall, Selma, Ala.; 3-14-74. Hartford Road, Owensboro, Ky.; 2-26-74. Kay Baum, Inc., apparel stores, 2-18-74; DEPARTMENT OF LABOR Carson Pirie Scott & Co., variety-depart­ Liberty at Thompson, Ann Arbor, Mich.; 166 ment store; 3232 Lake Avenue, Wilmette, 111.; West Maple, Birmingham, Mich.; 16822 Wage and Hour Division 2- 28-74. Kercheval, Detroit, Mich.; 1550 Woodward Charles A. Stewart Co., Inc., apparel store; Avenue, Detroit, Mich. EMPLOYMENT OF FULL-TIME STUDENTS 116-118 Garnett Street, Henderson, N.C.; Kewanee Public Hospital, hospital; 719- Employment of Full-Time Students Working 3 - 19-73 to 2-24-74. 721 Elliott Street, Kewanee, 111.; 2-28-74. Outside of School Hours At Special Coker’s Pedigreed Seed Co., agriculture; 137 King’s Food Host, restaurant; 1515 East Minimum Wages in Retail or Service East Carolina Avenue, Hartsville. S.C.; Santa Fe, Olathe, Kans.; 3-14-74. 3-19-74. S. S. Kresge Co., variety-department stores, Establishments or in Agriculture Conley’s, variety-department store; junc­ 3-8-74, except as otherwise indicated; No. Notice is hereby given that pursuant to tion routes 183 and 800, Magnolia, Ohio; 3063, Anniston, Ala. (3-18-74); No. 4295, section 14 of the Fair Labor Standards 3-14-74. North Miami, Fla. (3-11-74); No. 750, St. Act of 1938 (52 Stat. 1060, as amended, Conoco Motel, motel; Grand Island, Nebr.; Petersburg, Fla. (3-12-73 to 3-1-74); No. 2-20-74. 4355, St. Petersburg, Fla. (3-11-74); No. 717, 29 U.S.C. 201 et seq.), the regulation on Cornerstone Farm & Gin Co., agriculture; Atlanta, Ga. (3-12-73 to 2-29-74); No. 226, employment of full-time students (29 Pine Bluff, Ark.; 2-28-74. Calumet City, 111. (3-7-74); No. 4431, Rich­ CFR, pt. 519), and Administrative Order Craft’s Drug Store, drugstores, 2-28-74: mond, Ind. (3-14-74); No. 4020, Detroit, No. 621 (36 FR 12819), the establish­ No. 5, Gaffney, S.C.; No. 10, Greer, S.C.; Nos. Mich. (2-26-74); No. 246, Grand Rapids, ments listed in this notice have been is­ 1, 2, 3, 4, 6, and 9, Spartanburg, S.C. Mich. (2-27-74); No. 4082, Troy Mich. (3-5- sued special certificates authorizing the Creighton Care Centre, nursing home; 74); No. 4206, Warren, Mich. (2-18-74); No. employment of full-time students work­ Creighton, Nebr.; 2-27—73 to 1-31—74. 4163, Westland, Mich. (3-5-73); No. 4183, ing outside of school hours at hourly The Crest Lyn, Inc., hospital; 8511 Hillcrest Woodhaven, Mich. (3-14-74); No. 4427, Inde­ Road, Kansas City, Mo.; 2-24-74. pendence, Mo. (2-28-74); No. 4157, Kansas rates lower than the minimum wage Dad and Lad Tog Shop, apparel store; 41 City, Mo. (2-28-74); No. 4318, Burlington, rates otherwise applicable under section South LaGrange Road, LaGrange, 111.; N.C.; No. 4372, Rocky Mount, N.C. (2-21-74); 6 of the act. While effective and expira­ 2 - 28-74. No. 775, Wilmington, N.C. (3-2-74); No. 4414, tion dates are shown for those certifi­ Dan PurVH Drugs, drugstore; 725 Broad­ Akron, Ohio (2-28-74); No. 4175, Canton, cates issued for less than a year, only way, New Haven, Ind.; 3—15—74. Ohio (2-23-74); No. 133, Cincinnati, Ohio the expiration dates are shown for cer­ Dodson’s Cafeteria Co., restaurant; 2150 (3-18-74); No. 4153, Cincinnati, Ohio (2-24- tificates issued for a year. The minimum Southwest 59th, Oklahoma City, Okla.; 74); No. 4365, Austin, Tex. (3-1-74); No. 3 - 15-74. 4161, Dallas, Tex. (2-3-74); No. 4142, Gar­ certificate rates are not less than 85 per­ Dow Rummel Village, nursing home; 1000 land, Tex.; Nos. 705 and 4223, Houston, Tex.; cent of the applicable statutory mini­ North Lake Avenue, Sioux Falls, S. Dak.; No. 4236, Houston, Tex. (3-4-74); No. 729, mum. 2-26-74. Orange, Tex.; No. 4542, Beloit, Wis. (2—21— The following certificates provide for Drumstick, Inc., restaurants, 2-27-73 to 74); No. 3001, Brookfield, Wis. (3-14-74); No. an allowance hot to exceed the propor­ 2- 25-74, except as otherwise indicated: 1104 4395, Cudahy, Wis. (3-14-74). tion of the total hours worked by full­ South Circle Drive, Colorado Springs, Colo. The Lamplighter Restaurant, restaurant; (2-27-73 to 2-24-74); 6301 East Colfax New Route 22, Delmont, Pa.; 2-23-74. time students at rates below $1 an hour Avenue, Denver, Colo.; 6501 West Colfax Lawrence and Paul Seikel, Inc., variety- to the total number of hours worked by Avenue, Denver, Colo.; 1490 South Colo­ department store; Harrah, Okla.; 3-9-74. all employees in the establishment dur­ rado Boulevard, Denver, Colo.; 4095 South Lerner Shops, apparel store; No. 100, ing the base period-in occupations of the Santa Fe Drive, Englewood, Colo.; 7400 Fed­ Easton, Pa.; 3-16-74. same general classes in which the estab­ eral Boulevard, Westminister, Colo. Lett Rexall Drug, drugstore; 4337 South­ Duckwall Stores Co., variety-department east 15th Street, Del City, Okla.; 2-20-74. lishment employed full-time students at store; No. 85, Clovis, N. Mex.; 3—1—74. Leys Department Store, variety-department wages below $1 an hour in the base year; Eagle Stores Co., variety-department store; Burlington, Wis.; 2-28-74. or provide the same standards author­ store; North Wilkesboro, N.C.; 3-8-74. Madison Manor, nursing home; 411 East Farmers Union Co-Operative Association, Lane Street, Winterset, Iowa; 3-9-74. ized in certificates previously issued to variety-department store; Wisner, Nebr.; Manly Drug, Inc., drugstore; 621 G Avenue, the establishment. 3 - 17-74. Grundy Center, Iowa; 2-22-73 to 2-18-74. Fields Pharmacy, Inc., drugstore; 1401 McCrory-McLellan-Green Stores, variety- A & W Root Beer Drive In, restaurant; 1327 Reisterstown Road, Pikesville, Md.; 2-22-74. Prairie Avenue, Pueblo, Colo.; 3-16-74. department stores: No. 226, Savannah, Ga-> Fischer’s Colonial Pharmacy, drugstore; 3-14-74; No. 269, Munster, Ind., 2-28-74; No. Abel’s Parkview Manor Pharmacy, Inc., Publix Shopping Center, Kendallville, Ind.; drugstores: 3421 Spencer Highway, Pasadena, 264, Augusta, Maine, 3-14-74; No. 373, Bowie, 8—14-74. Md., 3-6-74; No. 1307, Bergenfield, N.J., Tex., 2-19-74; 101 West Southmore, Pasadena, Gay Dolphin, Inc., gift shop; 910 North 3-15-74; No. 398, Feasterville, Pa., 2-28-74. Tex., 2-15-74. Ocean Boulevard, Myrtle Beach, South Alfredo Santos Grocery, Inc., foodstore; McDonald’s Hamburgers, restaurants, 2-28- Carolina; 3-15-74. 1901 Santa Maria, Laredo, Tex. 3-19-74. 74; except as otherwise indicated: 831 re ■ George Regester, Inc., florist; 8833 Belair Allen’s, Inc., drugstore; 1115 West Second lowstone Avenue, Pocatello, Idaho (1-31-74). Road, Baltimore, Md.; 3-15-74. Street, Hastings, Nebr.; 3-6—74. 540 Beall Avenue, Wooster, Ohio (3-14-74), Gibson Products Co., variety-department Anthony Talsma, agriculture; 9277 Ivanrest 2170 East Lake Road, Erie, Pa.; 4319 Peaon store; 1318 West Doolin, Blackwell, Okla.; Avenue, Byron Center, Mich.; 3-4-74,. Street, Erie, Pa.; 909 Peninsula Drive, Ene, 3-8-74. Asher Pharmacy, Inc., drugstore; 19 South Pa. The Goldenrod, restaurant; Railroad Ave­ Pearl, Paola, Kans.; 2-20-74. Mercy Hospital, hospital; 2601 Eighth Ave nue, York Beach, Maine; 2-28-74. B & B Super Service, foodstore; 103 Victoria Harry G. Stephens Farms, Inc., agricul­ nue, Altoona, Pa.; 3-9-74. Street, Kenedy, Tex.; 3-14-74. ture; 345 St. Andrews, West Helena, Ark.; Messer Drug Co., Inc., drugstore; Two as Ben Franklin, variety-department stores: 3-9-74. Peoria, Paola, Kans.; 2-27-74. No. 7544, Joplin, Mo., 3-4-74; 830 East Geneva Holcomb Pharmacy, Inc., drugstore; 1209 Metzger Stores, service stations: 1399 a Street, Delavan, Wis., 3-7-74. Second Street, Perry, Iowa; 2-27-74. mond Drive, Los Alamos, N. Mex., 2- ~ ’ Bethel Lutheran Home for Aged, nursing Holiday Inn Restaurant, restaurants, 3- 901 18th Street, Los Alamos, N. Mex., a-o- • home; Williston, N. Dak.; 2-25-74. Morgan & Lindsey, variety-departme Bob’s North Side Drugsi, Inc., drugstore; 19-74: No. 10, Independence, Mo.; 11801 1030 Calumet, Valparaiso, Ind.; 3-3-74. Blue Ridge Boulevard Ext., Kansas City, Mo. stores, 3-4-74, except as otherwise ' Brock Enterprises, Inc., restaurant; 8320 Holland House Restaurant, restaurant; No. 3133, Stuttgart, Ark. 0066, 3058 and 3093, Beaumont, Tex.; No. Airport Road, Berkeley, Mo.; 3-11-74. 1935 Lahoma Road, Enid, Okla.; 2-28-74.

FEDERAL REGISTER, VO L. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 NOTICES 14211

Beaumont, Tex. ('1—4—74) ; No. 3075, Silsbcc, Trey’s Department Store, variety-depart­ portunities of persons other than those T6X. ment store; Main Street, Parkersburg, Iowa; employed under a certificate. The cer­ M o y e r’s Cigar Store, variety-department 3-5-74. tificate may be annulled or withdrawn, store; 100 South Ninth Street, Reading, Pa.; Valley View Care Centre, nursing home; as indicated therein, in the manner pro­ 3—5—74. 2900 West E, North Platte, Nebr.; 2-27-73 to G. C. Murphy Co., variety-department 1-31-74. vided in part 528 of title 29 of the Code store s: No. 315, Corry, Pa., 3-15-74; No. 325, Victoria Pharmacy, drugstore; 512 East Rio of Federal Regulations. Any person ag­ Harrisburg, Pa., 3-15-74; No. 808, Pittsburgh, Grande, Victoria, Tex.; 3-12-74. grieved by the issuance of any of these Pa., 3-14-74. White’s City, Inc., restaurant; W hite’s City, certificates may seek a review or recon­ N e is n e r Bros., Inc., variety-department N. Mex.; 2-1-74. sideration thereof on or before June 28, store; No. 109, Detroit, Mich.; 3-19-74. Wm. A. Lewis Clothing Co., apparel store; 1973. Newberry’s, variety-department store; No. 8037-8041 South Cicero, Chicago, 111.; 3-12- 27, Coatesville, Pa.; 2-28-74. 74. « Signed at Washington, D.C., this 22d Nicholas Drug Store, drugstore; 123 West day of May 1973. Third Street, Grand Island, Nebr.; 2-27-74. The following certificates issued to es­ Northern Farmers Co-Op Society, variety- tablishments permitted to rely on the R obert G. G roneWald, department store; Cook, Minn.; 2-28-74. base-year employment experience of Authorized Representative Oak Plaza Pharmacy, drugstore; Oak others were either the first full-time stu­ of the Administrator. Plaza Shopping Center, Fayetteville, Ark.; dent certificates issued to the establish­ [FR Doc.73-10686 Filed 5-29-73;8:45 am] 2- 21-74. ment, or provide standards different from The Outlet Co., Inc., apparel stores, 3-14- those previously authorized. The certifi­ 74: Gardendale Plaza Shopping Center, INTERSTATE COMMERCE cates permit the employment of full-time Gardendale, Ala.; 1535 Main Street, Grays- COMMISSION ville, Ala. students at rates of not less than 85 per­ Eaylass Department Store, variety-depart­ cent of the applicable statutory mini­ [Notice 262] ment store; 112-114 Main Street, Suffolk, mum in the classes of occupations listed, Assignment of Hearings Va.; 3-1-74. and provide for the indicated monthly , Rhea’s, Inc., foodstore; Allegheny Center limitations on the percentage of full-time M ay 24, 1973. Mall, Pittsburgh, Pa.; 2-22-74. student hours of employment at rates be­ Ritter’s Oakwood Manor, Inc., nursing Cases assigned for hearing, postpone­ home; 400 Highway 18 West, Clear Lake, low the applicable statutory minimum ment, cancellation, or oral argument ap­ Iowa; 3-16-74. to total hours of employment of all pear below and will be published only Rogerson Restaurant, restaurant; 153 Main employees. once. This list contains prospective as­ Avenue East, Twin Falls, Idaho; 2-28-74. Bralnerd Drug Store, drugstore; 3240 Brain - signments only and does not include Rose’s Stores, Inc., variety-department erd Road, Chattanooga, Tenn.; fountain cases previously assigned hearing dates. stores: No. 238, Jacksonville, Fla., 3-13-74; clerk; 33 to 51 percent; 3-18-74. The hearings will be on the issues as No. 99, Moultrie, Ga.; 2-28-74. Edward’s, Inc., variety-department store; presently reflected in the official docket Rushing & Swope Maverick Steak House, Duncan Highway, Route 176, Union, S.C.: Inc., restaurant; Pasadena, Tex.; 2-16-74. salesclerk, stockclerk, checker, lay-a-way of the Commission. An attempt will be Sacred Heart Hospital, Inc., hospital; 626 clerk, pricer; 10 to 14 percent; 2-25-74. made to publish notices of cancellation North Street, Loup City, Nebr.; 3-10-74. Ferguson Free Car Wash, service station; of hearings as promptly as possible, but Sanford Memorial Hospital and Nursing 3501 Werk Road, Cincinnati, Ohio; service interested parties should take appro­ Home, hospital; 913 Main Street, Farmington, station attendant, detailer; 46 to 78 percent; priate steps to insure that they are noti­ Minn.; 2-23-74. 3-14-74. fied of cancellation or postponements of Seikel’s Dept. Store, variety-department Hitching Post Restaurant, restaurant; 964 hearings in which they are interested. store; McLoud, Okla.; 3-4-74. South Main Street; Maryville, Mo.; general O. P. Skaggs, foodstore; 28 South State, restaurant worker; 23 to 27 percent; 3-14-74. No amendments will be entertained after Preston, Idaho; 2-28-74. Morgan & Lindsey, variety-department the date of this publication. Smith Nursery Oo„ agriculture; Ninth and store; No. 3113, Hodge, La.; salesclerk, stock- MC 115826 sub 246, W. J. Digby, Inc., now Allison Streets, Charles City, Iowa; 3-1-74. clerk, office clerk; 12 to 45 percent; 3-4-74. assigned June 5, 1973, will be beld in room Spendthrift Farm, agriculture; Iron Works G. C. Murphy Co., variety-department Pike, Lexington, Ky.; 2-28-74. 595, U.S. Courthouse, 1921 Stout Street, stores, for the occupations of salesclerk, Denver, Colo. Spurgeon’s, variety-department stores: 816 stockclerk, office clerk, janitorial: No. 353, MC 26396 sub 51, Popelka Trucking Co., Fifth Avenue, Antigo, Wis., 2-25-74; 108 West Tarboro, N.C., 12 to 24 percent, 2-27-74; No. doing business as the Waggoners, MC Cook, Portage, Wis., 3-3-74. 601, Gallipolis, Ohio, 6 to 19 percent, 3-14-74. Stanley’s Department Store, Inc., variety- 26396 sub 63, Popelka Trucking Co., doing Rose’s Stores, Inc., variety-department business as the Waggoners, now assigned department store; 218 East Johnson Street, stores: No. 239, Hammond, La., salesclerk, Greenwood, Miss.; 3-17-74. June 11, 1973, will be held in the audi­ stockclerk, checker, window trimmer, mer­ torium, Federal Office and Post Office Steve’s Shoes, Inc., shoe store; 1340 East chandise worker, order writer, 13 to 32 per­ Meyer, Kansas City, Mo.; 3-15-74. Building, Broadway and Pattee Street, Mis­ cent, 3-8—74; No. 232, Asheville, N.C., sales­ soula, Mont. Sullivan’s Restaurant, Inc., restaurant; clerk, stockclerk, 4 to 35 percent, 3—13—74; 2510 East Genesee Avenue, Saginaw, Mich.; MC 124692 sub 96, Sammons Trucking, now 3- 10-74. No. 237, Florence, S.C., salesclerk, stockclerk, assigned June 18, 1973, will be held in 6 to 21 percent, 2-28-74; No. 234, McMinn­ .Sumter Dry Goods Co., variety-department room 108, U.S. Courthouse, 620 Southwest ville, Tenn., salesclerk, 3 to 16 percent, 3-14- Main Street, Portland, Oreg. store; l South Main Street, Sumter, S.C.; 74. 2-23-74. FD 24679, Spokane, Portland & Seattle Rail- Sallye’s Town & Country, apparel store; Way Co. and Union Pacific Railroad Co.— Sunny Knoll Care Centre, Inc., nursing 1001 Fort Crook Road, Bellevue, Nebr.; sales­ home; 700 East Lake Street, Rockwell City, Control—Peninsula Terminal Co., FD clerk, stockclerk, office clerk, porter; 7 to 21 24890, Southern Pacific Co.— Common use Iowa; 2-27-73 to 1-31-74. percent; 3-14-74. T. G. & y . stores Co., variety-department of terminal facilities, Peninsula Terminal T. G. & Y. Stores Co., variety-department 8 + 3-12-74, except as otherwise indi­ Co., FD 24891, Southern Pacific Co.— Com­ stores, for the occupations of office clerk, mon use of certain terminal facilities— cated: No. 1618, Tuscaloosa, Ala. (3-18-74); salesclerk, stock clerk, 29 to 30 percent, 3-14— 210°. Little Rock, Ark. (2-27-74); No. Union Pacific Railroad Co., now assigned 74: No. 2204, Clinton, Miss.; No. 2207, Jack- June 25, 1973, will be held in room 108, 7 ’Los Angeles, Calif. (2-28-74); No. 635, son, Miss.; No. 2205, Pearl, Miss. Victorville, Calif. (2-28-74); No. 301, St. U.S. Courthouse, 620 .Southwest Main Joseph, Mo. (3-18-74); No. 810, Santa Fe, Each certificate has been issued upon Street, Portland, Oreg. (3-6-74); No. 10, Ada, Okla. (2-27- the representations of the employer MC-123061 sub 64, Leatham Brothers, Inc., No. 44, Bethany, Okla. (3-6-74); No. 58, which, among other things, were that now assigned June 25, 1973, will be held in rawhuska, Okla. (3-14-74); No. 1005, Purcell, room 1151, Federal Office Building, 909 employment of full-time students at spe­ First Avenue, Seattle, Wash. 1 No- 79> Sand Springs, Okla.; cial minimum rates is necessary to pre­ ¡p,,;“ 11 Sapulpa, Okla.; Nos. 1, 50, 68, and 401, MC-138232, Inquisitor’s Club, now assigned fa’ No* 3®°* Houston, Tex. (3-19- vent curtailment of opportunities for em­ June 28, 1973, will be held In room 1151, ployment, and the hiring of full-time (2-28-wf' 813 and 821, Houston» Tex- Federal Office Building, 909 First Avenue, students at special minimum rates will Seattle, Wash. tJP? J°p Fruit Farm, agriculture; Route 1, not create a substantial probability of MC 107496 sub 839, Ruan Transport Corp., Penn Laird, Va.; 3- 4- 74. reducing the full-time employment op­ now assigned June 13, 1973, at St. Paul,

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14212 NOTICES

Minn., is canceled and the application is Pursuant to section 17(8) of the Inter­ Washington, and Lincoln Counties, dismissed. state Commerce Act, the filing of such a Oreg., on the one hand, and on the other No. 35735, Publication Corp.-versus-the petition will postpone the effective fiate points in Washington. Baltimore & Annapolis Railroad Co., now of the order in that proceeding pending being assigned hearing July 10, 1973 (3 No. MC-FC-74294. By order of May 21, days), at Baltimore, Md., in a hearing room its disposition. The matters relied upon 1973, the Motor Carrier Board approved to be later designated. by petitioners must be specified in their the transfer to George J. Desatoff, doing I & S 8848, proportional rates on coal to Ohio petitions with particularity. business as G J D Enterprises, Los An­ River points, now assigned June 4, 1973, at Washington, D.C., is canceled. No. MC-FC-73953. By order of May geles, Calif., of the operating rights in No. 35803, Burlington Northern, Inc.-versus- 21, 1973, the Motor Carrier Board, on certificate No. MC-32066 issued April 7, the Atchison, Topeka, and Santa Pe Rail­ reconsideration, approved the transfer to 1971, to Raymond J. Hochstetler and way Co., et al., now being assigned hear­ Wilson Moving and Storage, Inc., Rut­ Jane B. Hochstetler, a partnership, doing ing September 12, 1973 (3 days), at Denver, land, Vt., of the operating rights in cer­ business as R J Trucking, Downey, Calif., Colo., in a hearing room to be later tificate No. MC-111849 issued May 3, authorizing the transportation of auto designated. 1972, to Reginald C. Wilson, Jr., Paul R. parts and accessories, garage equipment, MC-138169, Northern Transportation Service, Howard, and C. Russell Ackley, Jr., a materials and supplies, and office fixtures now assigned June 11, 1973, will be held in room 303, Post Office Building, 151 West partnership, doing business as Wilson and supplies, between points in Los An­ Street, Rutland, Vt. Moving and Storage, Rutland, Vt., au­ geles, Calif. William Davidson, registered AB-5-sub 140, George P. Baker, Richard C. thorizing the transportation of household practitioner, 2455 East 27th Street, Ver­ Bond, and Jervis Langdon, Jr., trustees of goods, as defined by the Commission, be­ non, Calif. 90058, representative for the property of Penn Central Transporta­ tween various specified points as indi­ applicants. tion Co., debtor, abandonment Central Ver­ cated in Vermont, New Jersey, and New mont Railroad connection, Norwich, New York, and points in Massachusetts, New No. MC-FC-74362. By order of May 22, London County, Connecticut, now assigned Hampshire, Connecticut, Rhode Island, 1973, the Motor Carrier Board approved June 14, 1973, will be held at the Court o f. the transfer to A. Yeagle’s Moving and Common Pleas, City Hall, Union Square, New York, New Jersey, Vermont, and Pennsylvania; and new furniture, un­ Storage Corp., 20 North Hampton Street, Norwich, Conn. Lock Haven, Pa., of certificates Nos. MC- MC-1977 sub 15, Northwest Transport Service, crated, from North Bennington, Vt., to Inc., MC-107839 sub 150, Denver-Albuquer- points in New Hampshire, Massachusetts, 103158, subs 1 and 2, issued to Cyrus W. que Motor Transport, Inc., now assigned Rhode Island, Connecticut, New York, Haagen and Harry J. Haines, doing busi­ June 11, 1973, will be held in courtroom New Jersey, Pennsylvania, Delaware, ness as Yeagle’s Moving and Storage No. 1, Federal Building, and U.S. Court­ Maryland, and the District of Columbia. (above address), Lock Haven, Pa., au­ house, 230 North First Avenue, Phoenix, Bartley J. Costello, 47 Merchants Row, thorizing the transportation of: House­ Ariz. hold goods, as defined by the Commis­ MC—136564 sub 1, Shippers Leasing, Inc., now Rutland, Vt. 05701, attorney for appli­ cants. sion, and new furniture as described by assigned June 18, 1973, will be held Itt the Commission, between Lock Haven, room 13025, 450 Golden Gate Avenue, San No. MC-FC-74207. By order of May Francisco, Calif. Pa., and 25 miles, in a radial movement, MC—136172 (sub-No. 2), Dick Bell Trucking, 21, 1973, the Motor Carrier Board ap­ and points in New York, New Jersey, Inc., now assigned June 19, 1973, will be proved the transfer to George T. Mason, Ohio, Massachusetts, Maryland, Indiana, held in room 13025, 450 Golden Gate doing business as Mason Wrecker Serv­ and Illinois. Avenue, San Francisco, Calif. ice, Casper, Wyo., of the operating rights MC-107743 sub 20, System Transport, Inc., in certificate No. MC-129285 issued May No. MC-FC-74480. By order entered now assigned June 21, 1973, will be held in 16, 1968, to Don Cuin and L. B. Cuin, May 21, 1973, the Motor Carrier Board room 13025, 450 Golden Gate Avenue, San doing business as Red Desert Service, approved the transfer to Lock Trucking Francisco, Calif. Wamsutter, Wyo., authorizing the trans­ Inc., Wheatland, Wyo., of the operating No. 35782, board of trade of the city of portation of wrecked and disabled motor rights set forth in certificates Nos. MC- Chicago versus Burlington Northern, Inc., 115648 (sub-No. 5), MC-115648 (sub-No. et al., now being assigned hearing October vehicles and trailers, in secondary move­ 1, 1973 (3 days), at Chicago, 111., in a hear­ ments, in truckaway service, between 8), MC-115648 (sub-No. 9), MC-115648 ing room to be later designated. points in Wyoming, on the one hand, and, (sub-No. 10), MC-115648 (sub-No. 11), No. 35825, board of trade of the city of Chi­ on the other, points in Utah and Colo­ MC-115648 (sub-No. 12), MC-115648 cago versus the Akron, Canton & Youngs­ rado. Houston G. Williams, suite 540, (sub-No. 14), MC-115648 (sub-No. 15), town Railroad Co., et al., now being as­ First National Bank Building, Casper, MC-115638 (sub-No. 17), MC-115648 signed hearing September 17,1973 (3 days), Wyo. 82601, attorney for applicants. (sub-No. 19), MC-115648 (sub-No. 20), at Chicago, 111., in a hearing room to be MC-115648 (sub-No. 17), MC-115648 later designated. No. MC-FC-74211. By order of May 21, (sub-No. 22), MC-115648 (sub-No. 23), 1973, the Motor Carrier Board approved [ s e a l ] J o s e ph M. H a r r in g t o n , MC-115648 (sub-No. 25), and MC-115648 Acting Secretary. the transfer to Marvin Wyatt, doing busi­ (sub-No. 27), issued by the Commission ness as Wyatt Trucking, Buckhannon, IFR Doc.73-10729 Filed 5-29-73; 8:45 am] September 17, 1962, May 26, 1967, W .Va., of permit No. MC-134359 (sub- June 26, 1967, June 8, 1967, Septem­ No. 1), issued to Carl J. Martin, doing ber 26, 1968, December 21, 1967, June 26, [Notice 285] business as Carl J. Martin Trucking, 1969, June 5, 1969, August 29, 1969, Buckhannon, W. Va., authorizing the May 25, 1970, August 21, 1970, April 16, MOTOR CARRIER BOARD TRANSFER transportation of: Wood residuals, from PROCEEDINGS 1971, January 3, 1972, June 22,1972, No­ points in West Virginia, Virginia, Mary­ vember 2, 1972, and April 4, 1973, re­ Synopses of orders entered by the land, and a specified portion of Ohio to spectively, to Luther Lock, doing business Motor Carrier Board of the Commission, points and areas in Pennsylvania, Ohio, as Luther Lock Trucking, Wheatland, pursuant to sections 212(b), 206(a), 211, West Virginia, and Maryland, Charles E. Wyo., authorizing the transportation of 312(b), and 410(g) of the Interstate Anderson, attorney, 1421 Kanawaha Val­ various specified commodities, from, to, Commerce Act, and rules and regulations ley Building, Charleston, W. Va. 25332. or between points in Arkansas, Califor­ prescribed thereunder (49 CFR pt. 1132), No. MC-FC-74275. By order of May 21, nia, Colorado, Idaho, Illinois, Indiana, appear below: 1973, the Motor Carrier Board approved Iowa, Kansas, Louisiana, .Michigan, Min­ Each application (except as otherwise the transfer of Orman James Nelson, nesota, Missouri, Montana, Nebraska, specifically noted), filed after March 27, Route 2, Box 189 G, Battle Ground, New Mexico, North Dakota, Oklahom , 1972, contains a statement by applicants Wash. 98604, of the operating rights in Oregon, South Dakota, Tennessee, Texas, that there will be no significant effect on certificate No. MC-134372 (sub-No. 1), Utah, Wisconsin, and Wyoming, wa the quality of the human environment issued March 30, 1971, to Edward H. A. White, P.O. Box 568, 1600 Van Len- resulting from approval of the applica­ Sinner, Route 1, Box 554, Toppenish, nen Avenue, Cheyenne, Wyo. 82001, a tion. As provided in the Commission’s Wash. 98948, authorizing the transporta­ torney for applicants. special rules of practice any interested tion of animal and poultry feed, and ani­ [ s e a l ] J o s e ph M. H arrington, person may file a petition seeking recon­ mal and poultry supplements, between Acting Secretary. sideration of the following numbered points in _ Multnomah, Clackamas, [F R Doc.73-10730 Filed 5-29-73;8:45 am] proceedings on or before June 19, 1973. Marion, Linn, Lane, Yamhill, Deschutes,

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 FEDERAL REGISTER 14213

CUMULATIVE LISTS OF PARTS AFFECTED— MAY 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 May.

1 CFR Paee 7 CFR— Continued Page 9 CFR Page Ch. I ______— ------10705 271______11338 12______10797 301______10795, 12320 73______10803, 10917, 12801,14156 3 CFR 331-______12320 76—______12201 Proclamations: 381______12321 78____ 12902, 14156 4214 __ 11433 401______12810, 12811 82______12093, 12325 4215 __ 11435 411______12811 92______1______10723 4216 __ 12313 510______12091 112______12093,13476 4217 __ 12601 717 ______12891 114______Í______12093 4218 __ 14151 718 ___;______12891 317______13476 Executive O rders: 729______¿__ 10705 331______- 10724 11073 (superseded by EO 730______10706, 11338, 14087 381______10725 11721) ______13717 811______10915 445 _ - 13706 11173 (superseded by EO 864______13009 446 _1______13708 11721)______13717 905 ______:____ 12201, 13547 447 _ !______13708 11227 (revoked by E.O. 11718) 906 ______14087 R u l e s : . 11277 (revoked by E.O. 11718) 908______11062, 94______12926 11541 superseded in part by 12092,12321,12899,13365, 13650 301 ______11090 EO 11717______12315 910 _____ 11063, 12321, 13010,H3726 316 ______11090,11092 11717 ______12315 911 ______.______12322-12324 317 ______11090, 11092 11718 ______12797 916______12811,13011 319 ______11090, 11093 11719 _ 13315 917—______11064, 12899 11720 ______1______13317 918_____^______13011, 14088 10 CFR 11721 ______13717 930-______11065, 12092 25_____ 10803 944______12603, 13650 Presidential D o c u m e n t s O th e r 36_•__ 12733 953— ______12900, 13366 T han P roclamations and E x e c - 50— 11445 981______13475 utive O rders: 140____ 11066 989____ 13012, 13476 P roposed R u l e s : Memorandum of November 8, 1030______11339 1968 (amended by memo­ 1121____ 11340 20-______13033 randum of May 14, 1973) __ 13319 1207______14088 50______10815 Memorandum of April 26, 1421______11441, 13651, 14088 12 CFR 1973______12799 1427______13651 Memorandum of May 14,1973- 13319 201______12733, 14092 1822______12901 ______13726,13727 1831 ______14154, 14155 204—______4 CFR 207______13548 351------13321 1832 ______14089 ______13727 1865______14091 213______404------12319 217______13728 roposed u l e s Proposed R u l e s : P R : 220______11066, 12097, 13548 ______13549 351_„------13385 26______12814 221—______52______11348, 11353 226-______— 12202 5 CFR 180______13751 250______13728 213------11059, 206______13490 265______10917 11337, 11437, 12404, 12801, 13009, Ch. V I______11094 329______13549 13321, 13475, 13633, 13726, 14087, 725______13653 523______12202,12801 14172,14173 Ch. IX ______10730,11465 526______13477 511------H337 906______12232 545______10918,14092 534______11337 911______13385 582a______10919 591.______13726 915 _ 12611 722______„ _ __ 11347, 12098 771------13009 916 _ 13752 P roposed R u l e s : 870 ------:______12404 917 ______— 13028, 14110 204______13750 918 ___ 11470, 12232 871 ------12891, 13547 220______— ______13571 800...... ______11059 . 930______13565 944______12612 225 ______13572 Proposed R u l e s : 953—______11353 226 ______12240 2410______13390 987—______— ______14110 506______10969 6 CFR 989______12814 506a. 10969 1006_____ 11354 702 10743 130:------____ 11062, 1030______, ______13753 11413, 12201, 12319, 12607, 12608, 1050——_____— ______12926 13 CFR 12746,12923,14153 1079______10736 121______13366 1096______12232 Proposed R u l e s : 124______'______13729 1121______T— 13754 102------12413,13490 1139 _ 11024, 12405 302______—— 12903 402______10920 7 CFR 1140 ______12986 1201___ 12749 P roposed R u l e s : 2__ 10795, 12809, 12810 5___ 1207______10738 121——______13751 ______10795 1427______12927 18______14154 123— ______12421 51 ______1701______10951,12233,13565 .______13321 14 CFR 52 ______12729,13321 1822______12815 201______12729 39______10920, 220______135478 CFR 11340, 12325, 12326, 12734, 13013, 225______11437245______11340 13367, 13477, 13549, 13550, 13730

FEDERAL REGISTER, VOL. 3 8 . N O . 103— WEDNESDAY, M A Y 3 0 , 1973 1 4 2 1 4 FEDERAL REGISTER

14 CFR— Continued Pase 18 CFR— Continued Paee 21 CFR— Continued Page 71______- 10707, 201______12117 Proposed Rules—Continued 10921-10923, 11067, 12203, 12327, 260______12117 191c------12300 12604, 12734, 12802, 12903, 13367, Proposed Rules: 191d------12880 13368, 13478, 13633, 13635, 13730, 2__:______— ______12416 278------12129 13731 141______13491 308—______12119-12121 73______10923, 12735 154______12416 12123, 12124, 12126, 12127, 12230 75______12734, 12904, 13368 91______12203, 12904 157______12416,12819 260— _____- ______13491 22 CFR 95.______12327 11- 13640 97______12203, 12329, 12905, 13635 19 CFR 201 . 13640 121______12203 1 ______10806 205 14167 135______12906 4 ______10807, 11077 141______-12203 8 _ 1336923 CFR 154______12204 9 __ 13369 1------—— 11086 183______12203 10______— 12736, 13480, 13636 204------10810 207______14157 11 ______13369 305______11341 221______— 12802 1 2 ______10807,13369 720______11341 241______10924 18 ______- 13369, 13550 790______12103 252______12207 2J ______13550 1204______10810,12399 287______— 10926 2 4 ______13551 298______11067 54______i ______13369 24 CFR 372______14164 112______13551 1700______13481 385______- ____ 13731 125______13554 1914 ______10928, Proposed Rules: 134 ______13369 11081-11084, 12107, 12317-12319, 39 ______11111-11113 145— :______13369 12603, 12739, 12740, 12914, 12915, 71_____ 10956-10958, 171 ___ 13556 13015, 13374, 13560, 13644, 13645, 11113, 11354, 12216, 12818, 12934, 172 ______13556 13647, 13736, 14094 13566,13657,13748 Proposed Rules: 1915 ______11084,12109,12916,13646 73______12216,12818,12934 1______10814, 13027 . 7 5 ______12216 Proposed Rules : 101______11354 20 CFR 1700—______11096 207 ______10816, 14112 405______13637, 14092 1710______11096,13029 208 ______10816,14112 410______.13639 1720______._____ 11096 212______10816, 14112 422— J______— 11450 1730— — ______11096 214______14112 726______12494 234______12413 25 CFR 244______„ ______— 10817 21 CFR 11______10927 249 ______10817 2 ______11452 41_____ 11085,13737 250 ______12413 3 ______11077 ___ 11085 296 ______10817 52_____ 8______12803 162— __ _ 13014 297 ______10817 10______12396 373______14112 19 ______..______14165 Proposed Rules: 378______14112 90______12716, 14165 141 ______11348 15 CFR 121_____ 10713, 221——— ______-______10814 Ch. I l l ______- ______12736 12397, 12398, 12737, 12738, 12802, 302______- 11068 12913, 13556, 13557, 13733, 14165 26 CFR 377______13488,13746 128a______13481 1 11344, 12740,12917,12918,13482 1000______- 12906 130______11077, 12211 13 10927 132______„ ______13558 31—— ——— — ______11345,12740 Proposed Rules: 135 ______12399 1000______12928 135a______10714,10808 53— — — ______11454, 12604 135b____ 10808,10926,12399,12914, 14166 301_____ 11345 16 CFR 135 c____ 12211, 12399, 13558, 13734, 14166 13______10707, 135e______- ______10714, 11078 Proposed Rules: 1______10944,11087,12405 1107, 10805, 11072, 11075, 11076, 135g______10808, 10926 11446-11448, 12330-12334, 12802, 146c______•______13558 13731-13733 146e______12399 28 CFR 300______13636 148i______13559 o______12110, 12917, 12918, 12919, 13561 17 CFR 167___ 13558 191______11078 29 CFR 200______’______12913 273______i ______11080 55______12803 239______— 12100 278______11452 70______10714 240______11448, 11449, 12103 295______12738 ______14095 249______12100 100______— Proposed Rules: 204-______IIII-__ 1071510714 Proposed Rules : Ch. IV ______1 11089 8 _ 11095 ~~_____ 11389 9 _ 11095541______240______11472, 12937 19______14174 1602______IIIIIIII__ 12604 27______— 122341902______II___ l2605 18 CFR 4 5 ______10952 1910______10715, 10929, 10930 2 ______11449,13478 90______12720,14174 ______10717,13482 35— ______- ______12114 1 2 1 „______11096, 12931,14174 1952______- 101______12115 Proposed Rules 141______12116,13480 130______14111 ______13894 29— _____ 154______12116 146e______12129 ___ 12405 157 ______13478 191______— 10956, 12300, 12880 1910______

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 FEDERAL REGISTER 1 4 2 1 5

30 CFR . Page 40 CFR Page 45 CFR— Continued Page Ch. I ------40 ------12784 208______------12112 Ch V 10927 52------12696, 12702, 12711, 12920, 13561 220______------10782 P roposed R u l e s : 60------.___ 13562221______------10782,13563 ______13027 125------13528, 14168 222______------,_ 10782 90------130------13375 ______11348 226______^______------10782 211____ _ 227______12872 216______11348 233______10940 180__------______10720, 249___ ;______12112 31 CFR 10939, 12214, 12215, 12216, 13375, 252______12112 13376,14168,14169 1061______13746, 14170,14171 332...... —------______10808 Proposed Roles: 1067 ______14172 32 CFR 35------__------13524 1068 ______10809 1069______202______11454 50-j.______11355 ______14172 261______------14167 52______11113,12238,12819 1501______13486 809______10934, 13485 f 60______10820 Proposed Rules: 860------______13561 113___ 12239 180______12407 ______10720 881------124—______10960, 12416 186______10738 Ch. XVI______12134, 12135 125______10960, 12416 187 ______12130 1604______12742 126—;______14230 188 ______12931 1631______— ______13485 131------13567 46 CFR 1710______12919 133______10968 165------___ 136223_i______12403 P roposed R u l e s : 180------12818, 1417510______11463, 12403 1611______12620 203____ 10821 12______12403 1612______!.___ 12759 Ch. V------10856 14______12403, 13648 1623______12620 16______12404 41 CFR 4 2_„______12289 32A CFR 3-1------13647 44 ______12290 Ch.X: 3-7------13647 45 ______12290 OI Reer. 1 _ _ 10725, 10811, 12746 7-1------12804 56______- ____ 10722 Ch. XI: 7-2— ------12806 151______10722 OIAB ______12118 7-3__------;______12806 294______13016 Ch.XII: 7-4------12806 309 ______13721 OPC Reg. 1______10811, 12401 7-7------12807 310 ______14106 7-8------:------12807 530______14172 33 CFR 7-10.------12807 Proposed Rules : 1______7-12----- 12807 110_____ 35______12749 7-16— ------12807 56______12749 117------10720, 12396,13560, 14095 15-3------12214 74______12749 201______60-60------13376 78______12749 101-6------10812 Proposed R u l e s : 93__ i______12749 101-7------:______10812 117____ 97______12749 ------14111 101-8------10813 209__ 191______12749 114-60—------12401, 12402, 13737, 13738 196______12749 35 CFR Proposed Rules: 310______11471 111___ 3-3------H471 512______13664 536______12134 36 CFR 42 CFR 4.__ 74------10721 47 CFR 84------11458 0------10810, 12743, 12921 Proposed Rules: 2______11086, 12743, 14106 5______12744 P roposed R u l e s : 50------13418 57------12614,13654 15__------12744 7____ ¿ 73— ______•______12921, 13648 221...... 43 CFR 87______14106 292 ___ 4------14170 P roposed R u l e s : 38 CFR Subtitle A ------10939 2______12750 1__ Ch. n ------10940 21______12750, 13749 1821------12110 61—l______13657,13661,13663 2650------14218 73______10743, Public Land Orders: 10968, 12757, 12935, 12937, 13029, 9 5344------11347 * 13386, 13387, 13389, 13491, 13658, Proposed R u l e s : 13660,14113 44 CFR 21______89______12619,13749 401— .______11086, 12743 39 CFR 91------13749 Subch. J 45 CFR 93------13749 121------___------13739 Subch. L__ 14168 49 CFR Subch. M 125---- 13739 170______14095 1______14109 185______.______13563 71______13725

FEDERAL REGISTER, VOL. 38, NO. 103— WEDNESDAY, MAY 30, 1973 14216 FEDERAL REGISTER

49 CFR— Continued Page 49 CFR— Continued Page 49 CFR— Continued Page 17 1 ______12807 1123______12744 P roposed R u l e s — Continued 172 ______12807 1207______12335 1056------12758,12820 173______10960, 14111 P roposed R u l e s : 1100------12822 174 ______12807 172 ______10960 50 CFR 175 ______12807 173______10960, 14111 177______!______12807 174 ______10960 17----- 10943 178 ____ 10960 28______107 23, 129 22, 13563, 13649 39 3______- ______12133 32 ______10810, 11464 57 1 ______— — ______10940, 179 ______10960, 14111, 14112 217______12617 33 ______10943, 11464,12923,13649 12808, 12922, 13017,13384,13485 571______12818, 12934, 13490, 14174 260— ------12334 57 5______, ______11347 575______!______13748 P roposed R u l e s : 1033______i ______10941, 1002______13032 10_:------12926 10942,12606,12808,12809,13486 Ch. X ______12759, 12822 28------_------_____ 12232

FEDERAL REGISTER PAGES AND DATES— MAY

Pages Date Pages Date 10699-10788. M ay 1 12791-12884 . M ay 16 10789-10908. 2 12885-13002 17 10909-11052. 3 13003-13307 - 18 11053-11329. 4 13309-13467-. 21 11331-11426. 7 13469-13540 . 22 11427-12084. 8 13541-13626 _ 23 12085-12194. 9 13627-13709_ 24 12195-12306. 10 13711-14079-. 25 12307-12594. 11 14081-14144 . 29 12595-12721. 14 14145-14232_. 30 12723-12789 15

FEDERAL REGISTER, VOL. 38, NO. 1 0 3 — WEDNESDAY, MAY 30, 1973 WEDNESDAY, MAY 30, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 103

PART II

DEPARTMENT OF THE INTERIOR

Land Management Bureau

ALASKA NATIVE SELECTIONS 14218 RULES AND REGULATIONS

Title 43— Public Lands: Interior 8. Section 2650.2(g) which provided 28. Section 2653.6(c).—This section CHAPTER II— BUREAU OF LAND MAN­ for filing fees to accompany selection was rewritten to reflect the acreage that AGEMENT, DEPARTMENT OF THE applications, has been deleted. may be conveyed to Native groups. INTERIOR 9. Section 2650.3-1 (c) is a new section 29. Section 2653.7.—The selection pro­ which allows Native grantees to acquire cedures for Sitka, Kenai, Juneau, and SUBCHAPTER B— LAND RESOURCE MANAGEMENT (2000) lands by exchange under certain Kodiak are reflected in this newly writ­ circumstances. ten provision. [Circular No. 2343] 10. Section 2650.3-2(b) has been 30. Section 2653.8-2.—This section has PART 2650— ALASKA NATIVE amended to set forth more completely been rewritten to define periods of SELECTIONS the procedures for protecting the rights occupancy. Subpart 2650— Alaska Native Selections—- of mineral claimants. 31. Section 2653.9.—Provision for re­ Generally 11. Section 2650.4-3 has been amended lease of a covenant by the Secretary has to state the circumstances under which been added to this section. Subpart 2651— Village Selections administration of less than fee interests 32. Section 2654.—Changes in this sec­ Subpart 2652— Regional Selections will be retained, and how that retained tion relate to observation of elections by jurisdiction will be exercised. Subpart 2653— Miscellaneous Selections the Bureau of Indian Affairs upon 12. Section 2650.4-4.— This section is request. Subpart 2654— Native Reserves subject to amendment in the immedi­ It is hereby determined that the pub­ ately foreseeable future to deal with the On pages 19634-19639 of the F ederal lication of this rulemaking is not a major disposition of revenues earned from R e g ister of September 21, 1972, there Federal action significantly affecting the were published a notice and text of pro­ lands afte^ the date of selection and prior quality of the human environment and posed rulemaking to add to group 2600 to the date of conveyance. that no detailed statement pursuant to of title 43, Code of Federal Regulations, 13. Section 2650.4-5.—This section re­ section 102(2) (C) of the National En­ additional sections implementing the flects the covenants that will appear as vironmental Policy Act of 1969 (42 U.S.C. Alaska Native Claims Settlement Act of reservations in conveyances of national 4332(2) (C )) is required. This conclusion 1971. Review of the comments and sug­ forest lands. has been reached on the basis that all gestions submitted in response to that 14. Section 2650.4-6.—This section has actions authorized by these regulations notice resulted in a substantial revision been revised to explain more fully the which could significantly affect the qual­ of the proposal. On pages 6504-6510 of reservations to be made in the convey­ ity of the human environment have the F ederal R egister of March 9, 1973, ance of land in National Wildlife either been directed by Congress or the an amended notice of proposed rule- Refuges. action can be taken only after the exer­ making was published. 15. Section 2650.4-7.—This section has cise of discretion by the Secretary. In the Interested persons were given until been revised to provide procedures and latter instance an environmental impact standards for reserving and terminating April 16, 1973, to submit written com­ statement will be prepared when appro- ments, suggestions, or objections to the easements in conveyances. 16. Section 2650.5, which sets forth the prite prior to the exercise of discretion. proposed rulemaking of . March 9, 1973. The rulemaking is hereby adopted as Thirty-two comments were received. procedures for surveying and computing The written comments and suggestions acreages, has been substantially revised. set forth below. This amendment shall received were carefully evaluated. Many 17. Section 2650.6 was revised to clar­ become effective July 2, 1973. conferences were held with represent­ ify which land selections are subject to Group 2600 of chapter n, title 43 of the atives of the Alaska Natives and of the section 22(1) of the act. 18. Section 2650.7.— 'This section has Code of Federal Regulations is amended State of Alaska. After due deliberation, as follows: the regulations have been changed in been revised to provide that publication of notice of application is at the option Subpart 2650— Alaska Native Selections— many respects. Included among the Generally changes are the following: of the applicant. 1. Sections 2650.0-1, Purpose and 19. Section 2650.8 assigns the adjudi­ Sec. 2650.0-2, Objectives have been changed cation of land selection under the act to 2650.0-1 Purpose. the Board established in § 2651.2(a). 2650.0-2 Objectives. to conform to recommendations made by 2650.0-3 Authority. the Natives. 20. Section 2651.2(a) has been revised to deal specifically with’the appointment 2650.0-5 Definitions. 2. Section 2650.0-5.—The definitions 2650.0-7 References. of “interim conveyance” and “patent” of the Board therein established and pro­ 2650.0-8 Waiver. have been amended. cedures in the adjudication of the eli­ 2650.1 Provisions for interim administra­ 3. New definitions of “ conveyance” gibility of Native village corporations. tion. and “ date of filing” have been added to 21. Section 2651.2(b), which deals with 2650.2 Application procedures for land village eligibility for land benefits, has selections. § 2650.0-5. 2650.3 Lawful entries, lawful settlements, 4. Section 2650.0-8.—A new section been substantially changed. 22. Section 2651.4 has been revised to and mining claims. has been added to authorize the Secre­ Lawful entries and lawful settle­ identify which lands are subject to selec­ 2650-1 tary to waive any nonstatutory require­ ments. ment of the regulations. The section also tion, to redefine contiguity and compact­ 2650.3-2 Mining claims. sets out the circumstances under which ness, and to establish the order and 2650.4 Conveyance reservations. manner of selection. 2650.4-1 Existing rights and contracts. minor procedural and technical errors Succession of interest. should be waived. 23. Section 2652.3.—Changes in this 2650.4-2 section relate to regional selections of 2650.4-3 Administration. 5. Section 2650.l i e ).—The section re­ 2650.4- 4 Revenues [Reserved]. lating to continuance of forest fire pro­ surface and subsurface, particularly within deficiency land withdrawals. 2650.4- 5 National forest lands. tection services has been expanded. 2650.4- 6 National wildlife refuge system 24. Section 2653.0-5.—Most definitions 6. Section 2650.2.—Application pro­ lands. cedures have been simplified somewhat. have been rewritten. 2650.4- 7 Public easements. 25. —-The method of al­ 7. Section 2650.2(e) has been made Section 2653.1. 2650.5 Survey requirements. more specific as to the maps to be used locating land for the purposes authorized 2650.5- 1 General. under section 14(h) of the act has been 2650.5- 2 Rule of approximation. in describing lands under application. 2650.5- 3 Regional surveys. The section also clarifies that when the revised. 26. Section 2653.2.—The maximum 2650.5- 4 Village surveys. written description shown on the appli­ 2650.5- 5 Cemetery sites and histórica amount of land per member of a group places. cation and the map portrayal accom­ has been reduced to 320 acres. 2650.5- 6 Adjustment to plat of survey. panying the application do not agree, 27. Section 2653.3.—This section has 2650.6 Selection limitations. the delineation on the map portrayal been rewritten concerning time and place 2650.7 Publication. shall controL of selections under section 14(h). 2650.8 Appeals.

FEDERAL REGISTER. VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14219

Authority.—Sec. 25 of the Alaska Native nection with the administration of a (d) Appeals procedures are contained piaims settlement Act of December 18, 1871; Federal installation; and, in 43 CFR part 4. Administrative Procedure Act (5 U.S.C. 551 (2) Land selections of the State of (e) Mineral patent application pro­ et seq.). Alaska which have been patented or cedures are contained in part 3860 of Subpart 2650— Alaska Native Selections— tentatively approved under section 6(g) this chapter. Generally of the Alaska Statehood Act, as amended § 2650.0—8 Waiver. § 265Q.0-1 Purpose. (72 Stat. 341; 77 Stat. 223; 48 UJS.C. ch. 2), or identified for selection by the The Secretary may, in his discretion, The purpose of the regulations in this State prior to January 17, 1969, except waive any nonstatutory requirement of part is to provide procedures for orderly as provided in § 2651.4(a) (1) of this these regulations. When the rights of and timely implementation of those pro­ chapter. third parties will not be impaired, and visions of the Alaska Native Claims (h) “Interim conveyance” as used in when rapid, certain settlement of the Settlement Act of December 18, 1971 (43 these regulations means the conveyance claims of Natives will be assisted, minor U.S.C. 1601) which pertain to selections granting to the recipient legal title to procedural and technical errors should of lands and interests in lands in satis­ unsurveyed lands, and containing all the be waived. faction of the land selections conferred reservations for easements, rights-of- by said act upon Alaska Natives and § 2650.1 Provisions for interim admin­ way, or other interests in land, provided istration. Alaska Native corporations. by the act or imposed on the land by ap­ § 2650.0—2 Objectives. plicable law, subject only to confirma­ (a) (1) Prior to any conveyance under tion of the/boundary descriptions after the act, all public lands withdrawn pur­ The program of the Secretary is to approval of the survey of the conveyed suant to sections 11, 14, and 16, or implement such provisions in keeping land. covered by section 19 of the act, shall be with the congressional declaration of (i) "Patent” as used in these regula­ administered under applicable laws and policy that the settlement of the Natives’ regulations by the Secretary of the In ­ aboriginal land claims be fair and just tions means the original conveyance granting legal title to the recipient to terior, or by the Secretary of Agriculture and that it be accomplished rapidly, with in the case of national forest lands, as certainty, in conformity with the real surveyed lands, and containing all the reservations for easements, rights-of- provided by section 22 (i) of the act. The economic and social needs of Natives, authority of the Secretary of the In­ without litigation and with maximum way, or other interests in land, pro­ vided by the act or imposed on the land terior and of the Secretary of Agricul­ participation by Natives in decisions af­ ture to make contracts and to issue fecting their rights and property. by applicable law; or the document is­ sued after approval of the survey by the leases-, permits, rights-of-way, or ease­ § 2650.0-3 Authority. Bureau of Land Management, to con­ ments is not impaired by the Section 25 of the Alaska Native Claims firm the boundary description of the un- withdrawals. Settlement Act of December 18, 1971, surveyed conveyed lands. (2) (i) Prior to the Secretary’s mak­ authorizes the Secretary of the Interior (j) “ Conveyance” as used in these ing contracts or issuing leases, permits, rights-of-way, or easements, the views to issue and publish in the F ederal R eg­ regulations means the transfer of title of tiie concerned regions or villages shall ister, pursuant to the Administrative pursuant to the provisions of the act Procedure Act (5 U.S.C. 551, et seq.), whether by interim conveyance or be obtained and considered, except as such regulations as may be necessary to patent, whichever occurs first. provided in subdivision (ii) of this carry out the purposes of the act. (k) “National Wildlife Refuge Sys­ subparagraph. tem” means all lands, waters, and inter­ (ii) Prior to making contracts, or § 2650.0—5 Definitions. ests therein administered on December issuing leases, permits, rights-of-way, or (a) “Act” means the Alaska Native 18, 1971, by the Secretary as wildlife easements on lands subject to election Claims Settlement Act of December 18, refuges, areas for the protection and pursuant to section 19(b) of the act, the 1971 (43 U.S.C. 1601) and any amend­ conservation of fish and wildlife that are Secretary shall obtain the consent of the ments thereto. threatened with extinction, wildlife representatives of the Natives living on (b) “Secretary” means the Secretary ranges, game ranges, wildlife manage­ those lands. of the Interior or his authorized ment areas, or waterfowl production (b) As provided in section 17(d) (3) of delegate. areas, as provided in the act of October the act, any lands withdrawn pursuant (c) “Native” means a Native as de­ 15, 1966, 80 Stat. 927, as amended by the to section 17(d) shall be subject to ad­ fined in section 3(b) of the act. act of July 18, 1968, 82 Stat. 359 (16 ministration by the Secretary under ap­ (d) “Native village” means any tribe, U.S.C. 668dd). plicable laws and regulations and his band, clan, group, village, community, (l) "Protraction diagram” means the authority to make contracts, and to issue or association in Alaska, as defined in approved diagram of the Bureau of Land leases, permits, rights-of-way, or ease­ section 3(c) of the act. Management mathematical plan for ex­ ments shall not be impaired by the with­ (e) “Village corporation” means a tending the public land surveys and does drawal. To the extent that any such profit or nonprofit Alaska Native vil­ not constitute an official Bureau of Land land is also subject to'the provisions of lage corporation which is eligible under Management survey, and, in the absence paragraph (a) of this section, the provi­ § 2651.2 of this chapter to select land and of an approved diagram of the Bureau of sions of that subsection shall govern. receive benefits under the act, and is Land Management, includes the State of (c) As provided in section 21(e) of the organized under the laws of the State of Alaska protraction diagrams which have act, so long as there are no substantial Alaska in accordance with the provisions been authenticated by the Bureau of revenues from real property interests of section 8 of the act. Land Management. conveyed pursuant to this act and the (f) “Regional corporation” means an (m) “Date of filing” shall be- the date lands are not subject to State and local real property taxes, such lands shall con­ Alaska Native regional corporation or­ of postmark, except when there is no ganized under the laws of the State of tinue to receive forest fire protection Alaska in accordance with the provi­ postmark, in which case it shall be the services from the United States at no sions of section 7 of the act. date of receipt in the proper office. cost. The Secretary will promulgate cri­ (g) “Public lands” means all Federal § 2650.0—7 References. teria, after consultation with the con­ a i f an? Interests in lands located in cerned Native corporations and the State Alaska (including the beds of all non- (a) Native enrollment procedures are of Alaska, for determining when substan­ navigable bodies of water), except: contained in 25 CFR 43h. tial reveunes are accruing as to lands for (l) The smallest practicable tract, as (b) Withdrawal procedures are con­ which forest fire protection services are determined by the Secretary, enclosing tained in part 2300 of this chapter. furnished by the Department of the In ­ land actually used, but not necessarily (c) Application procedures are con­ terior and no discontinuance of such having improvements thereon, in con­ tained in subpart 1821 of this chapter. service will be ordered by the Secretary

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14220 RULES AND REGULATIONS unless he finds, after notice and oppor­ § 2650.3 Lawful entries, lawful settle­ under this section to the village or re­ tunity for submission of views, that such ments, and mining claims. gional corporation whiclf has selection discontinuance is in conformity with the § 2650.3—1 Lawful entries and lawful rights in the land covered by the appli­ criteria. settlements. cation. (c) Patent requirements not met.— § 2650.2 Application procedures for (a) Pursuant to sections 14(g) and land selections. Any mineral patent application fiied 22(b) of the act, all conveyances issued after December 18, 1976, on land con­ (a) Applications for land selections under the act shall exclude any lawful veyed to any village or regional corpora­ must be filed on forms approved by the entries or entries which have been per­ tion pursuant to this act, will be rejected Director, Bureau of Land Management. fected under, or are being maintained for lack of departmental jurisdiction. Applications must be filed in accordance in compliance with, laws leading to the After that date, patent applications may with subpart 1821 of this chapter. acquisition of title, but shall include continue to be filed on land not conveyed (b) Each regional corporation shall land subject to valid existing rights of a to village or regional corporations until submit with its initial application under temporary or limited nature such as such land is conveyed. this section a copy of the resolution au­ those created by leases (including leases thorizing the individual filing the appli­ issued under section 6(g) of the Alaska § 2650.4 Conveyance reservations. cation to do so. Statehood Act), contracts, permits, § 2650.4—1 Existing rights and con­ (c) Each village corporation under rights-of-way, or easements. tracts. subpart 2651 of this chapter must submit (b) The right of use and occupancy Any conveyance issued for surface and with its initial application under this sec­ of persons who initiated lawful settle­ subsurface rights under this act will be tion a certificate of incorporation, evi­ ment or entry of land, prior to August 31, subject to any lease, contract, permit, dence of approval of its articles of incor­ 1971, is protected: Provided, That: right-of-way, or easement and the rights poration by the regional corporation for (1) Occupancy has been or is being of the lessee, contractée, permittee, or that region, and a copy of the authoriza­ maintained in accordance with the ap­ grantee to the complete enjoyment of all tion of the individual filing the applica­ propriate public land law, and rights, privileges, and benefits thereby (2) Settlement or entry was not in tion to do so. granted him. ( d ) (1) Regional and village corpora­violation of Public Land Order No. 4582, tions authorized by the act subsequently as amended. Any person who entered or § 2650.4—2 Succession o f interest. filing additional or amendatory applica­ settled upon land in violation of that Upon issuance of any conveyance tions need only refer to the serial num­ public land order has gained no rights. under this authority, the grantee there­ ber of the initial filing. (c) In the event land excluded from under shall succeed and become entitled (2) Any change of the officer author­conveyance under paragraph (a) of this to any and all interests of the State of ized to act for any corporation in the section reverts to the United States, the Alaska or of the United States as lessor, matter of land selections should be grantee or his successor in interest shall contractor, permitter, or grantor, in any promptly submitted to the appropriate be afforded an opportunity to acquire such lease, contract, permit, right-of- office of the Bureau of Land Manage­ such land by exchange pursuant to sec­ way, or easement covering the estate ment. tion 22(f) of the act. conveyed, subject to the provisions of (e) (1) I f the lands applied for are sur­ § 2650.3—2 Mining claims. section 14(g) of the act. veyed, the legal description of the lands in accordance with the official plats of (a) Possessory rights.—Pursuant to § 2650.4—3 Administration. survey shall be used. section 22(c) of the act, on any lands Leases, contracts, permits, rights-of- (2) I f the lands applied for are un­ to be conveyed to village or regional cor­ way, or easements granted prior to the surveyed, they shall be described by pro­ porations, any person who prior to Au­ issuance of any conveyance under this traction diagrams. gust 31, 1971, initiated a valid mining authority shall continue to be admin­ (3) I f the lands applied for are not claim or location, including millsites, istered by the State of Alaska or by the surveyed and are not covered by protrac­ under the general mining laws and re­ United States after the conveyance has tion diagrams, they must be described by corded notice thereof with the appro­ been issued, unless the responsible metes and bounds commencing at a priate State or local office, shall not be agency waives administration. Where the readily identifiable topographic feature, challenged by the United States as to responsible agency is an agency of the such as a mountain peak, mouth of a his possessory rights, if all requirements Department of the Interior, administra­ stream, ect., or a monumented point of of the general mining laws are met. tion shall be waived when the convey­ known position, such as a triangulation However, the validity pf any mining ance covers all the land embraced within station, and the description must be ac­ claim may be challenged by the United a lease, contract, permit, right-of-way, companied by a topographic map deline­ States or by the grantee or his successor or easement, unless there is a finding by ating the boundary of the area applied in interest at any time. the Secretary that the interest of the for. (b) Patent requirements met.—An ac­ United States requires continuation of (4) Where 1:63,360 U.S.G.S. quad­ ceptable mineral patent application must the administration by the United States. rangle maps with the protraction dia­ be filed with the appropriate Bureau of In the latter event, the Secretary shall gram plotted thereon have been pub­ Land Management office not later than not renegotiate or modify any lease, con­ lished, these maps shall be used to por­ December 18, 1976, on lands conveyed tract, right-of-way or easement, or tray and describe the lands applied for. to village or regional corporations. waive any right or benefit belonging to Where 1:63,360 U.S.G.S. quadrangle (1) Upon a showing that a mineral the grantee until he has notified the maps with the protraction diagram survey cannot be completed by Decem­ grantee and allowed him an opportu­ plotted thereon have not been published, ber 18, 1976, the filing of an application nity to present his views. for a mineral survey, which states on its then the 1:250,000 U.S.G.S. quadrangle § 2650.4—4 Revenues [Reserved] maps with the protraction diagrams face that it was filed for the purpose of plotted thereon shall be used. proceeding to patent, will constitute an § 2650.4—5 National forest lands. (5) I f the written description shown acceptable mineral patent application, Every conveyance which includes lands provided all applicable requirements un­ on the application and the map portrayal within the boundaries of a national for­ accompanying the application do not der the general mining laws have been est shall, as to such lands, contain met. agree the delineation shown on the map reservations that: . shall be controlling. (2) The failure of an applicant to (a) Until December 18, 1976, the sale prosecute diligently his application for (f) The selected areas may be ad­ of any timber from the land is subject justed by the Secretary with the con­ mineral patent to completion will result to the same restrictions relating to tne in the loss of benefits afforded by section export of timber from the United States sent of the applicant and amendment of 22(c) of the act. the application by the applicant, pro­ (3) The appropriate office of the Bu­ as are applicable to national forest lands vided that the adjustment will not create reau of Land Management shall give in Alaska under rules and regulations o an excess over the selection entitlement. notice of the filing of an application the Secretary of Agriculture; and,

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14221

(b) Until December 18, 1983, the land no longer needed for public use or gov­ § 2650.5—2 Rule o f approximation. shall be managed under the principles of ernmental function. To assure full entitlement, the rule sustained yield and under management (2) The grantee or its successor in of approximation may be applied with practices for protection and enhance­ interest shall be entitled to just compen­ respect to the acreage limitations appli­ ment of environmental quality no less sation for the loss of value of any im­ cable to conveyances and surveys under stringent than such management prac­ provements existing on the date of the this authority, i.e., any excess must be tices on adjacent national forest lands. reservation of the easement which are less than the deficiency would be if the impaired or required to be removed by § 2650.4-6 National wildlife refuge sys­ smallest legal subdivision were elimi­ the exercise of the easement. nated (see 62 I.D. 417, 421). tem lands. (3) The easement shall be no more, (a) Every conveyance which includes extensive in size than is reasonably re­ § 2650.5—3 Regional surveys. lands within the national wildlife refuge quired for the purpose for which re­ Lands to be conveyed to a regional system shall, as to such lands, provide served. Upon the definite location of an corporation, when selected in contiguous that the United States has the right of easement or easements for which a corri­ units, shall be together for the purpose first refusal so long as such lands remain dor was reserved, the reservation to the of survey and surveyed as one tract, with within the system. The right of first extent not used for the easement or ease­ monuments being established on the ex­ refusal shall be for a period of 120 days ments shall be of no further force or terior boundary at angle points and at from the date of notice to the United effect. intervals of approximately 2 miles on States that the owner of the land has (4) A corridor location shall be no straight lines. I f requested by the received a bona fide offer of purchase. more extensive in width or length than grantee, the Secretary may survey, inso­ The United States shall exercise such is reasonably necessary to locate any far as practicable, the individual selec­ right of first refusal by written notice to easement to be reserved, taking into con­ tions that comprise the total tract. the village corporation within such 120- sideration climate, topography, terrain, § 2650.5—4 Village surveys. day period. The United States shall not and available data. be deemed to have exercised its right of (d) The State and the Federal-State (a) Only the exterior boundaries of first refusal if the village corporation Land Use Planning Commission shall be contiguous entitlements for each village does not consummate the sale in accord­ afforded 90 days after notice by the Sec­ corporation will be surveyed. Where land ance with the notice to the United States retary to make recommendations with within the outer perimeter of a selection (b) Every conveyance which covers respect to the inclusion of public ease- . is not selected, the boundaries along the lands lying within the boundaries of a ments in any conveyance. area excluded shall be deemed exterior national wildlife refuge in existence on boundaries. The survey will be made December 18,1971, shall provide that the § 2650.5 Survey requirements. after the total acreage entitlement of the lands shall remain subject to the laws § 2650.5—1 General. village has been selected. and regulations governing use and devel­ (a) Selected areas are to be surveyed (b) Surveys will be made within the opment of such refuge so long as such as provided in section 13 of the act. Any village corporation selections to deline­ lands remain in the refuge. Regulations survey or description used as a basis for ate those tracts required by law to be governing use and development of refuge conveyance must be adequate to identify conveyed by the village corporations lands conveyed pursuant to section 14 the lands to be conveyed. pursuant to section 14(c) of the act. shall permit such uses that will not (b) Surveys shall take into account (c) (1) The boundaries of the tracts materially impair the values for which the navigability or nonnavigability of described in paragraph (b) of this sec­ the refuge was established. bodies of water. The beds of all bodies tion shall be posted on the ground and § 2650.4—7 Public easements. of water determined by the Secretary to shown on a map which has been ap­ be navigable shall be excluded from the proved in writing by the affected village (a) Prior to reserving any public ease­ corporation and submitted to the Bu­ ments under section 17(b) of the act, the gross area of the surveys and shall not be charged to total acreage entitlements reau of Land Management. Conflicts concerned village and regional corpora­ arising among potential transferees tions shall be afforded notice and oppor­ under the act. Prior to making his de­ termination as to the navigability of a identified in section 14(c) of the act, or tunity for submission of views. I f the between the village corporation and such Secretary determines that a public ease­ body of water, the Secretary shall afford the affected regional corporation the op­ transferees, will be resolved prior to sub­ ment should be reserved in any convey­ mission of the map. Occupied lots to be ance, the reasons for that determination portunity to review the data submitted by the State of Alaska on the question surveyed will be those which were occu­ will be provided in writing, upon request pied as of December 18, 1971. of the grantee. of navigability and to submit its views on the question of navigability. Upon re­ (2) Lands shown by the records of (b) (l) A public easement shall be re­ the Bureau of Land Management as not served only if it is specific as to use and quest of a regional corporation or the State of Alaska, the Secretary shall pro­ having been conveyed to the village cor­ corridor location and size and both use poration will be excluded by adjustments and corridor location and size shall be vide in writing the basis upon which his final determination of navigability is on the map by the Bureau of Land Man­ reasonably related to an anticipated pub­ agement. No surveys shall begin prior to lic use or a planned or existing govern­ made. The beds of all bodies of water not determined to be navigable shall be final written approval of the map by the mental function. village corporation and the Bureau of (2) No public easement shall be re­ included in the surveys as public lands, shall be included in the gross area of the Land Management. After such written served in such manner as to: approval, the map will constitute a plan (i) Deprive the grantee or its succes­ surveys, and shall be charged to total acreage entitlements under the act. The of survey. Surveys will then be made in sor in interest of reasonable access to accordance with the plan of survey. bodies of water or highways in or border- beds of all nonnavigable bodies of water comprising one half or more of a section No further changes will be made to big upon the land embraced in the accommodate additional section 14(c) conveyance without his consent. shall be excluded from the gross area of transferees, and 13.0 additional survey (ii) Constitute a so-called scenic the surveys and shall not be charged to work desired by the village corporation easement. total acreage entitlement under the act, or municipality within the area covered (c) A reserved public easement shall be unless the section containing the body of by the plan of survey or immediately subject to the following conditions: water is expressly selected or unless all adjacent thereto will be performed by (1) The Secretary shall terminate a the Secretary. Public easement if it is not used for its the riparian land surrounding the body Purpose by the date specified in the con­ of water is selected. No ground survey or § 2650.5—5 Cemetery sites and historical veyance, but in any event not later thah monumentation will be required to be p la c e s . December 18, 2001, or if he finds that done by the Bureau of Land Manage­ Only those cemetery sites and his­ conditions are such that its retention is ment of bodies of water. torical places to be conveyed under sec-

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 973 14222 RULES AND REGULATIONS

tion 14(h) (1) of the act shall be (c) Any adverse claimant must serveeligibility of a village listed in sections surveyed. on the applicant a copy of his objec­ 11(b) (1) and 16(a) of the act for land § 2650.5—6 Adjustment to plat o f sur­ tions and furnish evidence of service benefits, the Director, Juneau Area Office vey. thereof to the appropriate land office. Bureau of Indian Affairs, shall publish All conveyances issued for lands not § 2650.8 Appeals. the F ederal R eg ister and in one or more covered by officially approved surveys newspapers of general circulation in (a) Any decision adversely affecting Alaska his proposed decision of the Bureau of Land Management shall any land selection shall become final, with respect note that upon the filing of an official to such eligibility and shall mail a copy unless appealed to the Secretary by .a of the proposed decision to the plat of survey, the boundary of the se­ notice filed in the office issuing the affected lected area, described in terms of pro­ decision. village, all villages located in the region in which the affected village traction diagrams or by metes and (b) Appeals to the Secretary shall be is located bounds, shall be redescribed in accord­ all regional corporations within the State to the ad hoc Board as established in of Alaska and the State of ance with the plats of survey. However, § 2651.2(a) (5) of this chapter. Appeals Alaska. His no change will be made in the land proposed decision is subject to protest by shall be filed and governed by the ap­ any interested party within selected. plicable regulations in part 4, subpart G 30 days of the publication of the proposed of this title. All hearings held in connec­ decision § 2650.6 Selection limitations. in the F ederal R eg ist e r . If no tion with such appeals shall be con­ valid pro­ (a) Notwithstanding any other provi­ test is received within the 30-day period, ducted in the State of Alaska. The de­ such proposed decision shall sions of the act, no village or regional cision of the ad hoc Board shall be sub­ become final and shall be published in the Federal corporation may select lands which are mitted to the Secretary for his personal within 2 miles from the boundary of any approval. R e g ist e r . I f the final decision is in favor home rule or first-class city (excluding of a listed village, the Director, Juneau Subpart 2651— Village Selections boroughs) as the boundaries existed and Sec. Area Office, Bureau of Indian Affairs, the cities were classified on December 18, 2651.0-3 Authority. shall issue a certificate as to the eligibility 1971, or which are within 6 miles from 2651.1 Entitlement. of the village in question for land benefits the boundary of Ketchikan, except that 2651.2 Eligibility requirements. under the act, and certify the record and a village corporation organized by Na­ 2651.3 Selection period. the decision to the Secretary. Copies of tives of a community which is itself a 2651.4 Selection limitations. the final decisions and certificates of vil­ first class or home-rule city is not pro­ 2651.5 Conveyance reservations. lage eligibility shall be mailed to the 2651.6 Airport and air navigation facili­ affected village, all villages located in the hibited from making selections within ties. 2 miles from the boundary of that first region in which the affected village is class or home-rule city, unless such se­ Authority .— Secs. 12 and 16(b) of the act. located, all regional corporations within lections fall within 2 miles from the Subpart 2651— Village Selections the State of Alaska, and the state of boundary of another first class or home- Alaska. rule city which is not itself a Native § 2651.0—3 Authority. (3) Protest.—Within 30 days from the village or within 6 miles from the bound­ Sections 12 and 16(b) of the act pro­ date of publication of the proposed deci­ ary of Ketchikan. vide for the selection of lands by eligi­ sion in the F ederal R egister, any inter­ (b) Determination as to which cities ble village corporations. ested party may protest a proposed deci­ were classified as home rule or first class sion as to the eligibility of a village. No as of December 18, 1971, and their § 2651.1 Entitlement. protest shall be considered which is not boundaries as of that date will be made (a) Village corporations eligible for accompanied by supporting evidence. in accordance with the laws of the State land benefits under the act shall be en­ T h e protest shall be mailed to the Di­ of Alaska. titled to a conveyance to the surface rector, Juneau Area Office, Bureau of (c) I f any village corporation whose estate in accordance with sections 14(a) Indian Affairs. land withdrawals encompass Dutch and 16(b) of-the act. (4) Action on protest.— Upon receipt Harbor is found eligible under this act, (b) In addition to the land benefits of a .protest, the Director, Juneau Area it may select lands pursuant to subpart in paragraph (a) of this section, each Office, Bureau of Indian Affairs, shall 2651 of this chapter and receive a con­ eligible village corporation shall be en­ examine and evaluate the protest and veyance under the terms of section 14(a) titled to select and receive a conveyance supporting evidence required herein, to­ of the act. to the surface estate for such acreage gether with his record of findings of fact § 2650.7 Publication. as is reallocated to the village corpora­ and proposed decision, and shall render tion in accordance with section 12(b) of a decision on the eligibility of the Native In order to determine whether there the act. village that is the subject of the protest. are any adverse claimants to the land, Such decision shall be rendered within § 2651.2 Eligibility requirements. the applicant should publish notice of 30 days from the receipt of the protest his application. If the applicant decides (a) Pursuant to sections 11(b) andand supporting evidence by the Director, to avail himself of the privilege of pub­ 16(a) of the act, the Director, Juneau Juneau Area Office, Bureau of Indian lishing a notice to all adverse claimants Area Office, Bureau of Indian Affairs, Affairs. The decision of the Director, and requests it, the authorized officer shall review and make a determination, Juneau Area Office, Bureau of Indian will prepare a notice for publication. The not later than December 19, 1973, as to Affairs, shall be published in the F ederal publication will be in accordance with which villages are eligible for benefits R egister and in one or more newspapers the following procedure: under the act. of general circulation in the State of (a) The applicant will have the notice (1) Review of listed native villages. Alaska and a copy of the decision and published allowing all persons claiming The Director, Juneau Area Office, Bu­ findings of fact upon which the decision the land adversely to file in the appro­ reau of Indian Affairs, shall make a is based shall be mailed to the affected priate land office their objections to the determination of the eligibility of vil­ village, all villages located in the region issuance of any conveyance. The notice lages listed in section 11(b)(1) and in which the affected village is located, shall be published once a week for 4 16(a) of the act. He shall investigate and all regional corporations within the consecutive weeks in a newspaper of examine available records and evidence State of Adaska, the State of Alaska, general circulation. that may have a bearing on the character and any other party of record. Such (b) The applicant shall file a state­ of the village and its eligibility pursuant decision shall become final unless ap­ ment of the publisher, accompanied by to paragraph (b) of this section. pealed to the Secretary by a notice filed a copy of the published notice, showing (2) Findings of fact and notice of with the ad hoc board as established in that publication has been had for 4 con­ proposed decision.—After completion of paragraph (a) (5) of this section, within secutive weeks. The applicant must pay the investigation and examination of 30 days of its publication in the F ederal the cost of publication. records and evidence with respect to the R e g ister .

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14223

(5) Action on appeals.—Appeals to 1973, the Director, Juneau Area Office, disqualified if it meets the other criteria the Secretary shall be to the ad hoc Bureau of Indian Affairs, shall make a specified in this subsection by reason of Board which he has personally ap­ determination as to the eligibility of the having been temporarily unoccupied in pointed. At least one member of the ad village as a Native village for land bene­ 1970 because of an act of God or govern­ hoc Board shall be familiar with Native fits under the act and shall issue a deci­ ment authority occurring within the village life. Among those otherwise qual­ sion. He shall publish his decision in the preceding 10 years. ified to serve on the ad hoc Board, pref­ F ederal R eg ister and in one or more (3) The village must not be modem erence will be given to those familiar newspapers of general circulation in and urban in character. A village will be with Native village life. Appeals shall be Alaska and shall mail a copy of the deci­ considered to be of rhodern and urban fled and governed by the applicable reg­ sion to the representative or representa­ character if the Secretary determines ulations in part 4, subpart G, of this tives of the village, all villages in the that it possessed all the following attri­ title, except that the appellant shall have region in which the village is located, all butes as of April 1,1970: not more than 15 days from the date of regional corporations, and the State of (i) Population over 600. filing of his notice of appeal within Alaska. (ii) A centralized water system and which to file an appeal brief, and the (9) Protest to eligibility determina­ sewage system that serves a majority of opposing parties shall have not more tion.—Any interested party may protest the residents. than 15 days from the date of receipt of a decision of the Director, Juneau Area (iii) Five or more business establish­ the appellant's brief within which to file Office, Bureau of Indian Affairs, regard­ ments which provide goods or services an answering brief. No more than 15 ing the eligibility of a Native village for such as transient accommodations or days shall be allowed for the filing of land benefits under the provisions of eating establishments, specialty retail additional briefs in connection with such sections 11(b)(3) (A ) and (B) of the stores, plumbing and electrical services, appeals. All hearings held in connection act by filing a notice of protest with the etc. with such appeals shall be conducted in Director, Juneau Area Office, Bureau of (iv) Organized police and fire protec­ the State of Alaska. The decision of the Indian Affairs, within 30 days from the tion. ad hoc Board shall be submitted to the date of publication of the decision in (v) Resident medical and dental serv­ Secretary for his personal approval. the F ederal R e g ist e r . A copy of the pro­ ices, other than those provided by Indian (6) Applications by unlisted villages test must be mailed to the representa­ Health Service. for determination of eligibility.—The tive or representatives of the village, all (vi) Improved streets and sidewalks head or any authorized subordinate offi­ villages in the region in which the village maintained on a year-round basis. cer of a Native village not listed in sec­ is located, all regional corporations (4) In the case of unlisted villages, a tion 11(b) of the act may file on behalf within Alaska, the State of Alaska, and majority of the residents must be Native, of the unlisted village an application for any other parties of record. If no pro­ but in the case of villages listed in sec­ a determination of its eligibility for land test is received within the 30-day period, tions 11 and 16 of the act, a majority of benefits under the act. Such application the decision shall become final and the the residents must be Native only if the shall be filed in duplicate with the Di­ Director, Juneau Area Office, Bureau of determination is made that the village rector, Juneau Area Office, Bureau of Indian Affairs, shall certify the record is modern and urban pursuant to sub- Indian Affairs, prior to September 1, and the decision to the Secretary. No paragraph (3) of this paragraph. 1973. If the application does not consti­ protest shall be considered which is not § 2651.3 Selection period. tute prima facie evidence of compliance accompanied by supporting evidence. with the requirements of paragraph (b) Anyone protesting a decision concern­ Each eligible village corporation must of this section, he shall return the appli­ ing the eligibility or ineligibility of an file its selection application (s) not later cation to the party filing the same with unlisted Native village shall have the than December 18, 1974, under sections a statement of reasons for return of the burden of proof in establishing that the 12(a) or 16(b) of the act; and not later application, but such filing, even if re­ decision is incorrect. Anyone appealing than December 18, 1975, under section turned, shall constitute timely filing of a decision concerning the eligibility or 12(b) of the act. the application. The Director, Juneau ineligibility of an unlisted Native village § 2651.4 Selection limitations. Area Office, Bureau of Indian Affairs, shall have the burden of proof in estab­ (a) Each eligible village corporation shall immediately forward an applica­ lishing that the decision is incorrect. may select the maximum surface acreage tion which appears to meet the criteria (10) Action on protest, appeal.—Upon entitlement under sections 12 (a) and (b) for eligibility to the appropriate office of receipt of a protest, the Director, Juneau and section 16(b) of the act. Village the Bureau of Land Management for Area Office, Bureau of Indian Affairs, corporations selecting lands under sec­ filing. Each application must identify the shall follow the procedure outlined in tions 12 (a) and (b) may not select more township or townships in which the paragraph (a) (4) of this section. I f an than: Native village is located. appeal is taken from a decision on eligi­ (1) 69,120 acres from land that, prior (7) Segregation of land.—The receipt bility, the provisions of paragraph to January 17,1969, has been selected by, of the selection application for filing by (a) 05) of this section shall apply. or tentatively approved to, but not yet the Bureau of Land Management shall (b) Except as provided in subpara­patented to the State under the Alaska operate to segregate the lands in the graph (4) of this paragraph, villages Statehood Act; and vicinity of the village as provided in sec­ must meet each of the following criteria (2) 69,120 acres of land from the Na­ tions 11(a) (1) and (2) of the act. to be eligible for benefits under sections tional Wildlife Refuge System; and (8) Action on application for eligibil­ 14 (a) and (b) of the act: (3) 69,120 acres of land from the Na­ ity.-—Upon receipt of an application (1) There must be 25 or more Native tional Forest System. appears to meet the criteria for residents of the village on April 1, 1970, (b) To the extent necessary to obtain eligibility, the Director, Juneau Area O f­ as shown by the census or other evidence its entitlement, each eligible village fice, Bureau of Indian Affairs, shall have satisfactory to the Secretary. A Native corporation shall select all available a notice of the filing of the application properly enrolled to the village shall be lands within the township or town­ published in the F ederal R eg ister and in deemed a resident of the village. ships within which all or part of the one or more newspapers of general cir­ (2) The village shall have had on village is located, and shall complete its culation in Alaska and shall promptly April 1, 1970, an identifiable physical selection from among all other avail­ review the statements contained in the location evidenced by occupancy con­ able lands. Selections shall be contiguous application. He shall investigate and ex­ sistent with the Natives’ own cultural and, taking into account the situation amine available records and evidence patterns and life style and at least 13 and potential uses of the lands involved, •natmay have a bearing on the character persons who enrolled thereto must have the total area selected shall be reason­ + iu? village and its eligibility pursuant used the village during 1970 as a place 1° subpart 2651, and thereafter make where they actually lived for a period ably compact, except where separated ®ndmgs of fact as to the character of of time: Provided, That no village which by lands which are unavailable for se­ tne village. No later than December 19, is known as a traditional village shall be lection or a section in which a body of

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14224 RULES AND REGULATIONS

water comprises more than one-half of § 2651.5 Conveyance reservations. face estate of lands, the surface ¿state the total acreage of a section. The total In addition to the conveyance reserva­ of which is conveyed pursuant to section area selected will not be considered to tions in § 2650.4 of this chapter, convey­ 14 of the act. be reasonably compact if (1) it excludes ances issued to village corporations shall (d) I f a 13th regional corporation is other lands available for selection within provide for the transfer of the surface organized under section 7(c) of the act its exterior boundaries; or (2) lands estates specified in section 14(c) of the it will not be entitled to any grant of which are similar in character to the act, and shall be subject to valid existing lands. village site or lands ordinarily used by rights under section 14(g) of the act. the village inhabitants are disregarded § 2652.2 Selection period. in the selection process; or (3) an iso­ § 2651.6 Airport and air navigation All regional corporations must file their lated tract of public land of less than facilities. selection applications not later than De­ 1,280 acres remains after selection. (a) Every airport and air navigation cember 18, 1975, for lands other than (c) The lands selected under sections facility owned and operated by the those allocated under section 14(h)(8) 12 (a) or (b) shall be in whole sections United States which the Secretary de­ of the act. where they are available, or shall include termines is actually used in connection § 2652.3 Selection limitations. all available lands in less than whole with the administration of a Federal sections, and, wherever feasible, shall be program will be deemed a “Federal in­ (a) To the extent necessary to obtain in units of not less than 1,280 acres. stallation” under the provisions of sec­ its entitlement, èach regional corpora­ Lands selected under section 16(b) of tion 3(e) of the act, and the Secretary tion must select all available lands with­ the act shall conform to paragraph (b) will determine the smallest practicable drawn pursuant to sections 11(a) (1) (B) of this section and shall conform as tract which shall enclose such Federal and (C) of the act, before selecting lands nearly as practicable to the U.S. land installations. Such Federal installations withdrawn pursuant to section 11(a)(3) survey system. are not public lands as defined in the act of the act, except that regional corpora­ (d) Village corporation selections and are therefore not “lands available tions selecting lands withdrawn pursu­ within sections 11 (a )(1 ) and (a )(3 ) for selection” under the provisions of ant to sections 11(a)(1) (B) and (C) areas shall be given priority over re­ these regulations. may select only even-numbered town­ gional corporation selections for the (b) The surface of all other lands of ships in even-numbered ranges and only same lands. existing airport sites, airway beacons, or odd-numbered townships in odd-num­ (e) Village or regional corporations other navigation aids, together with bered ranges. are not required to select lands within such additional acreage or easements as (b) Village corporation selections an unpatented mining claim or millsite. are necessary to provide related services within section 11(a)(1) and section 11 Unpatented mining claims and millsites and to insure safe approaches to airport (a) (3) areas shall be given priority over shall be deemed to be selected, unless runways, shall be conveyed by the village regional corporation selections for the they are excluded from the selection by corporation to the State of Alaska, and same lands. metes and bounds or other suitable de­ the Secretary will include in the convey­ (c) Whenever a regional selection is scription and there is attached to the ance to any village corporation any and made in any township, the regional cor­ selection application a copy of the notice all covenants which he deems necessary poration shall select all available lands of location and any amendments thereto. to insure the fulfillment of this in that township; Provided, That such I f the village or regional corporation obligation. selection would not exceed the entitle­ selection omits lands within an un­ Subpart 2652— Regional Selections ment of that regional corporation. patented mining claim or millsite, this Sec. (d) Subsurface selections made by a will not be construed as violating the 2652.0-3 Authority. regional corporation pursuant to section requirements for compactness and con­ 2652.1 Entitlement. 12(a) of the act shall be contiguous and tiguity. If, during the selection period, 2652.2 Selection period. the total area selected shall be reason­ the excepted mining claims or millsites 2652.3 Selection limitations. ably compact, except as separated by are declared invalid, or under the State 2652.4 Conveyance reservations. subsurface interests that are not the of Alaska mining laws are determined Au th o r ity.— Secs. 12 (a)(1) and (c), 14 property of the United States including to be abandoned, the selection will no (e), (f), (h), (1), (2), (3), (5), and (8). subsurface interests under bodies of longer be considered as compact and Subpart 2652— Regional Selections water, and the selection shall be in whole contiguous. The corporation shall be re­ sections where they are available, or shall quired to amend its selection, upon § 2652.0—3 Authority. include all available subsurface interests notice from the authorized officer of the Sections 12 (a) (1) and (c) (3) provide in less than whole sections and, wherever Bureau of Land Management, to include for selections by regional corporations; feasible, shall be in units of not less than the lands formerly included in the min­ and sections 14 (e), (f), (h) (1), (2), (3), 1,280 acres. The total area selected shall ing claim or millsite. I f the corporation (5), and (8), provide for the conveyance fails to amend its selection to include to regional corporations of the selected not be considered to be reasonably com­ such lands, the selection may be rejected. surface and subsurface estates, as ap­ pact if (1) it excludes other subsurface (f) Eligible village corporations may propriate. interests available for selection within file applications in excess of their total § 2652.1 Entitlement. its exterior boundaries; or (2) an iso­ entitlement. To insure that a village lated tract of subsurface interests owned (a) Eligible regional corporations may acquires its selection in the order of by the United States of less than 1,280 its priorities, it should identify its select the maximum acreage granted pur­ choices numerically in the order it wishes suant to section 12(c) of the act. They acres remains after selection. them granted. Such selections must be will be notified by the Secretary of their (e) Regional corporations are not re­ filed not later than December 18, 1974, entitlement as expeditiously as possible. quired to select lands within unpatented as to sections 12(a) or 16(b) selections (b) Where subsurface rights are not mining claims or millsites, as provided and December 18, 1975, as to-section available to the eligible regional corpora­ in § 2651.4(e) of this chapter. tions in lands whose surface has been 12(b) selections. (f) Regional corporations may file ap­ (g) Whenever the Secretary deter­ conveyed under section 14 of the act, the mines that a dispute exists between vil­ regional corporations may select an equal plications in excess of their total entitle­ lages over land selection rights, he shall subsurface acreage from lands with­ ment. To insure that a regional corpora­ accept, but not act on, selection applica­ drawn under sections 11(a) (1) and (3) tion acquires its selections in the order tions from any party to the dispute until of the act, within the region, if possible. of its priorities, it should identify its the dispute has been resolved in accord­ (c) As appropriate, the regional cor­ choices numerically in the order it wishes ance with section 12(e) of the act. porations will receive title to the subsur­ them granted.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14225 c 2652.4 Conveyance reservations. (d) “Primary place of residence” tion. In the case of Native groups, such means a place comprising a primary concurrence must also indicate how In addition to the conveyance reserva­ place of residence of an applicant on much land per member of the Native tions in § 2650.4 of this chapter, convey­ August 31, 1971, at which he regularly group, not to exceed 320 acres per mem­ ances issued to regional corporations for resides on a permanent or seasonal basis ber, the regional corporation recom­ the subsurface estate of lands whose sur­ for a substantial period of time. mends that the Secretary convey. Any face has been conveyed to village corpo­ application not accompanied by the nec­ rations shall provide that the right to § 2653.1 Conveyance limitations. essary concurrence and recommendation explore, develop, or remove minerals (a) Under section 14(h) of the act, a of the affected region will be rejected. from the subsurface estate in the lands total of 2 million acres may be selected (c) Native groups, and Natives resid­ within the boundaries of any Native vil­ for cemetery sites and historical places, ing in Sitka, Kenai, Juneau, and Kodiak, lage shall be subject to the consent of Native groups, corporations formed by as provided in sections 14(h) (2) and the village corporation. the Native residents of Sitka, Kenai, Ju- (3), respectively, must comply with the Subpart 2653— Miscellaneous Selections neau, and Kodiak, for primary places of applicable terms of §§ 2650.2(a), (c ), residence, and for Native allotments ap­ (d ), (e ), and ( f ) of this chapter. 2653.0- 3 Authority. proved as provided in section 18 of the 2653.0- 5 Definitions. (d) The filing of an application under 2653.1 Conveyance limitations. act. Selections must be made within 4 the regulations of this section will con­ 2653.2 Application procedures. years from December 18, 1971. Of this stitute a request for withdrawal of the 2653.3 Lands available for selection. total amount; (1) 500,000 acres will be lands, and will segregate the lands from 2653.4 Termination of selection period. set aside to be used by the Secretary to all other forms of appropriation under 2653.5 Cemetery sites and historical satisfy applications filed pursuant to sec­ the public land law, including the min­ places. tions 14(h) (1), (2), and (5) of the act. 2653.6 Native group selections. ing and mineral leasing laws, and from 2653.7 Sitka-Kenai-Juneau-Kodiak selec­ The 500,000 acres will be allocated by: selection under the Alaska Statehood tions. (i) Dividing 200,000 acres among the Act, as amended, subject to valid exist­ 2653.8 Primary place of residence. regions, based on population; and, (ii) ing rights, but will not segregate the 2653.8- 1 Acreage to be conveyed. dividing 300,000 acres equally among the lands from selections under section 12 2653.8- 2 Primary place of residence criteria. regions; (2) 92,160 acres will be set aside or 16 of the act. The segregative effect 2653.9 Conveyance reservations. for possible allocation by the Secretary of §uch an application will terminate if Authority.— Sec. 14(h) of the act and to corporations formed by the Natives the application is rejected. secs. 11 and 16 of the act. residing in Sitka, Kenai, Juneau, and § 2653.3 Lands available for selection. Subpart 2653— Miscellaneous Selections Kodiak; (3) 400,000 acres will be set aside to be used by the Secretary to sat­ (a) Selections may be made for ex­ § 2653.0—3 Authority. isfy Native allotment applications ap­ isting cemetery sites or historical places, Section 14(h) of the act requires the proved prior to December 18,1975, under Native groups, corporations formed by Secretary to withdraw and to convey 2 the act of May 17,1906 (34 Stat. 197), the the Natives residing in Sitka, Kenai, million acres of unreserved and unappro­ act of February 8, 1887 (24 Stat. 389), as Juneau, and Kodiak, and for primary priated public lands located outside the amended and supplemented, and the act places of residence, from any lands areas withdrawn by sections 11 and 16 of June 25, 1910 (36 Stat. 863). Any which the Secretary may withdraw for of the act. The Secretary will convey the Native allotment applications pending those purposes out of the National W ild­ land in part as follows: before the Bureau of Indian Affairs or life Refuge System lands or the national (a) Title to existing cemetery sites and the Bureau of Land Management on De­ forest lands which are outside of areas historical places to the regional corpora­ cember 18, 1971, will be considered as withdrawn by sections 11 and 16, as pro­ tions for the regions in which the lands “pending before the Department”. Those vided by section 14(h) (7) of the act. are located; allotment applications which have been (b) After December 18, 1975, selection (b) Title to the surface estate to any determined to meet the requirements of of the lands allocated pursuant to Native group that qualifies pursuant to the acts cited herein and for which sur­ § 2653.1(b), shall be made from any this subpart 2653; vey has been requested before Decem­ lands previously withdrawn under sec­ (c) Title to the surface estate of lands ber 18, 1975, shall be considered tions 11 or 16 of the act which are not to the Natives residing in each of the “ approved” under section 14(h) (6) of otherwise appropriated. I f the public cities of Sitka, Kenai, Juneau, and Ko­ the act, and shall be charged against the lands withdrawn within the region pur­ diak, who have incorporated; and, acreage. suant to sections 11 or 16 of the act, and Cd) Title to the surface estate of land (b) After subtracting the number of not otherwise appropriated, are insuffi­ to a Native as a primary place of acres used in accordance with alloca­ cient for the selection of the full entitle­ residence. tions in paragraphs (a) (1), (2), and (3) ment of the regional'corporations pur­ of this section, from 2 million acres, the suant to § 2653.1(b), then three times § 2653.0—5 Definitions. remainder will, after December 18, 1975, the amount of the entitlement which (a) “Cemetery site” means a burial be reallocated by the Secretary among cannot be satisfied from lands previously ground consisting of the gravesites of the regional corporations in accordance withdrawn pursuant to sections 11 or 16 one or more Natives. with the provisions of section 14(h) (8) of the act will be withdrawn pursuant to (b) “Historical place” means a dis­ of the act. section 14(h) of the act. (c) No Nativè allotment applications tinguishable tract of land or area upon (c) A withdrawal made pursuant to which occurred a significant Native his­ pending before the Secretary on Decem­ torical event, which is importantly asso­ ber 18, 1971, will be rejected solely for section 17(d) ( l ) or (2) of the act shall ciated with Native historical or cultural the reason that the acreage set aside by not preclude a withdrawal pursuant to events or persons, or which was subject paragraph (a) (3) of this section has section 14(h) of the act. been exhausted. to sustained historical Native activity, § 2653.4 Termination of selection pe­ but sustained Native historical activity § 2653.2 Application procedures. riod. shall not include hunting, fishing, berry- picking, wood gathering, or reindeer (a) All applications must be filed in Applications for selections under this husbandry. accordance with the procedures in subpart will be rejected after all allo­ (c) “Native group” means any tribe, § 2650.2(a) of this chapter. cated lands, as provided in § 2653.1, have (b) Applications by corporations of band, clan, village, community or village been exhausted, or if the application is Native groups under section 14(h) (2) association of Natives composed of less received after the following dates, than 25, but more than 3 Natives, who and by a Native for a primary place of comprise a majority of the residents of residence under section 14(h) (5) of the whichever occurs first: a locality and who have incorporated act must be accompanied by written con­ (a) As to primary place of residence— under the laws of the State of Alaska. currence of the affected regional corpora­ December 18,1973.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 No. 103—pt. n ---- 2 14226 RULES AND REGULATIONS

(b) As to all recipients described in of the cities from the lands nominated. Subpart 2654— Native Reserves sections 14(h) (1), (2), and (3) of the Each corporation representing the Native Sec. act—December 18,1975. residents of the four named cities may 2654.0- 3 Authority. (c) As to all recipients under section select not more than one-half the area 2654.0- 5 Definitions. 14(h)(8) of the act and § 2653.1(b)— 2654.1 Exercise of option. withdrawn for selection by that corpora­ 2654.2 Application procedures. December 18, 1977. tion. The Secretary shall convey the area 2654.3 Conveyances. selected. § 2653.5 Cemetery sites and historical Authority.— Sec. 19(b) of the act. places. § 2653.8 Primary place o f residence. Subpart 2654— Native Reserves (a) The appropriate regional corpora­ (a) An application under this subpart tion may apply to the Secretary for the may be made by a Native who occupied § 2654.0—3 Authority. conveyance of existing cemetery sites or land as a primary place of residence on Section 19(b) of the act authorizes any historical places pursuant to section August 31, 1971. village corporation (s) located within a 14(h) of the act. The Secretary may give (b) Applications for a primary place of reserve defined in the act to acquire title f avorable consideration to these applica­ residence must be filed not later than to the surface and subsurface estates in tions: Provided, That the Secretary de­ December 18, 1973. any reserve set aside for the use and termines that the criteria in these regu­ § 2653.8—1 Acreage to be conveyed. benefit of its stockholders or members lations are met: And provided further, prior to December 18,1971. Such acquisi­ That the regional corporation agrees to A Native may secure title to the surface tion precludes any other benefits under accept a covenant in the conveyance that estate of only a single tract not to exceed the act. these cemetery sites or historical places 160 acres under the provisions of this will be maintained and preserved solely subpart, and shall be limited to the acre­ § 2654.0—5 Definitions. as cemetery sites or historical places by age actually occupied and used. An ap­ “Reserve lands” means any lands re­ the regional corporation, in accordance plication for title under this subpart shall served prior to the date of enactment of with the provisions for conveyance res­ be accompanied by a certification by the the act which are subject to being taken ervations in § 2653.9. applicant that he will not receive title to in lieu of other benefits under the act (b) The survey of selected sites shall any other tract of land pursuant to sec­ pursuant to section 19(b) of the act. include only the area actually used and tions 14 (c) (2), (h) (2), or 18 of the act. a reasonable buffer zone, not over 66 feet § 2654.1 Exercise o f option. wide around abandoned cemeteries; not § 2653.8—2 Primary place o f residence (a) Any village corporation which has over 330 feet wide around an area iden­ criteria. not, by December 18, 1973, elected to tified as an historical place; and an area (a) Periods of occupancy.—Casual or acquire title to the reserve lands will to provide reasonable future expansion occasional use will not be considered as be deemed to have elected to receive for around active cemeteries. occupancy sufficient to make the tract itself and its members the other bene­ applied for a primary place of residence. fits under the Act. § 2653.6 Native group selections. (b) Improvements constructed on the (b) The election of a village to acquire (a) Native groups in existence on land.— (1) Must have a dwelling. title to the reserve lands shall be exer­ December 18, 1971, who incorporate in (2) May include associated structures cised in the manner provided by its accordance with the laws of the State of such as food cellars, drying racks, caches, articles of incorporation. However when Alaska may file applications to select etc. two or more villages are located on the the surface estate of not more than 7,680 (c) Evidence of occupancy.—Must have same reserve there must be a special acres. evidence of permanent or seasonal occu­ election to acquire title to the reserve (b) Native group selections must meet pancy for substantial periods of time. lands. A majority vote of all the stock­ the criteria of compactness and con­ holders or members of all corporations § 2653.9 Conveyance reservations. tiguity specified in § 2651.4 (b) and (d) located on the resérve is required to ac­ of this chapter. (a) Conveyances issued pursuant to quire title to the reserve lands. For the (c) Native group selections shall not this subpart are subject to the convey­ purpose of this paragraph the stock­ exceed the amount recommended by the ance reservations described in § 2650.4 holders or members shall be deter­ regional corporation or 320 acres for each of this chapter. mined on the basis of the roll of village Native member of a group, or 7,680 acres (b) In addition to the reservations pro­ residents proposed to be promulgated for each Native group, whichever is less. vided in paragraph (a) of this section, under 25 CFR 43h.7. The regional cor­ Application must be for land in the area conveyances for cemetery sites or his­ poration or village corporations or any surrounding the locality in which the torical places will contain a covenant member or stockholder of the village Native members of a group reside and are running with the land providing that (1) corporations involved may request that enrolled. Non-Native members of a group the regional corporation grantee shall the election be observed by the Bureau are not eligible for any benefit hereunder. not authorize mining or mineral activi­ of Indian Affairs. ties of any type, any commercial activi­ § 2653.7 Sitka-Kenai-Juneau-Kodiak se­ (c) The results of any election by a lections. ties, or any other use which is incompati­ village corporation or corporations to ble with or is in derogation of the values acquire title to the reserve lands shall (a) The corporations representing the of the area as a cemetery site or his­ be certified by such village corporation Natives residing in Sitka; Kenai, Juneau, torical place; and (2) that the United or corporations as being in conformity and Kodiak, who incorporate under the States reserves the right to seek enforce­ with the articles of incorporation and laws of the State of Alaska, may each ment of the covenant in an action in bylaws of the village corporation or select the surface estate of up to 23,040 equity. The covenant placed in a convey­ corporations. acres of lands of similar character lo­ ance. pursuant to this subsection may be cated in reasonable proximity to those released by the Secretary, in his discre­ § 2654.2 Application procedures. municipalities. tion, upon application of the regional (a) I f the corporation or corporations (b) The corporations representing the corporation grantee showing that extra­ elect to take title to the reserve lands, Natives residing in Sitka, Kenai, Juneau, ordinary circumstances, of a nature to submission to the Secretary of the cer­ and Kodiak, shall nominate not less than warrant the release, have arisen subse­ tificate of election will constitute an ap­ 92,160 acres of lands within 50 miles of quent to the conveyance. plication to acquire title to those lands. each of the four named cities which are (b) I f the village corporation or cor­ similar in character to the lands in which (c) Conveyances for cemetery sites and porations do not elect to take the reserve each of the cities is located. After review historical places shall also contain the lands, they shall apply for their land and public hearings, the Secretary shall covenant required by § 2650.4-6 of this selections pursuant to subpart 2651 of withdraw up to 46,080 acres near each chapter. this chapter.

FEDERAL REGISTER, V O L 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 RULES AND REGULATIONS 14227

§ 2654.3 Conveyances. members or stockholders determined on (a) Conveyances under this subpart the basis of the final roll promulgated by are subject to the provisions of section the Secretary pursuant to section 5 of 14(g) of the act, as provided by § 2650.4 the act. of this chapter. R ogers C. B. M o r t o n , (b) Conveyances under this subpart Secretary of the Interior. to two or more village corporations will be made to them as tenants-in-common, M a y 23, 1973. having undivided interests proportion­ ate to the number of their respective [P R Doc.73-10598 Piled 5-29-73;8:45 am]

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973

WEDNESDAY, MAY 30, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 103

PART III

ENVIRONMENTAL PROTECTION AGENCY

Areawide Waste Treatment Management Planning Areas and Responsible Planning Agencies

Proposed Designation 14230 PROPOSED RULES

ENVIRONMENTAL PROTECTION Provide procedures and methods for Subpart D— Public Participation AGENCY control of non-point sources in urban- 126.30 Public participation requirements in industrial and other areas where such designation of 208 planning areas [ 40 CFR Part 126 ] controls are required, including preven­ and designation of agencies re­ AREAWIDE WASTE TREATMENT MANAGE­ tion of water quality problems in the sponsible for planning. MENT PLANNING AREAS AND RESPON­ future. Subpart E— Assistance to Designated Agencies SIBLE PLANNING AGENCIES Provide for a coordinated waste treat­ 126.40 Determination of eligibility. Proposed Designation ment management in such areas. These regulations therefore set forth: Subpart F— Grants [Reserved] Notice is hereby given that the regula­ Procedures to be used by State Gov­ Authority.— Sec. 208 and 501, 86 Stat tions set forth below are proposed by the ernors or the chief elected officials of 816, (1972). Environmental Protection Agency. The general purpose local government in the Subpart A— Scope and Purpose; proposed regulations are designed to designation of the areas requiring an Definitions serve as guides for the Governors of the areawide waste treatment management States and elected local officials in iden­ approach. § 126.1 Scope and purpose. tifying areas which, as a result of urban- Procedures for the designation of the This part establishes regulations speci­ industrial concentrations or factors, have agency responsible for planning in each fying procedural and other elements and substantial water quality control prob­ such area. criteria for the use of State Governors lems which require an areawide approach The method of submission and EPA and chief elected officials of general pur­ in planning for and implementing cor­ approval of (A) the 208 planning areas, pose local government in the designation rective action, and in designating agen­ and (B) the agencies responsible for of the areas, including their boundaries, cies capable of developing waste treat­ planning. requiring areawide planning for waste ment management plans for such areas. Many of the planning requirements of treatment management pursuant to sec­ Section 208(a) of the Federal Water 208 can effectively be performed on a tion 208 of the Act and designation of Pollution Control Act, as amended 86 statewide basis. The section 303(e) agencies responsible for such planning. Stat. 816, 33 U.S.C. 1288 (1972), requires planning process funded under section This part provides that each State should the Governor of each State to identify 106 may be utilized by the State to con­ comply with the requirements of the reg­ each intrastate aréa (Governors in inter­ duct the applicable planning. ulation not later than 180 days after the state areas), which as a result of urban- Prior to the adoption of the proposed date of publication of this regulation. industrial concentrations or other fac­ regulations, consideration will be given § 126.2 Definitions. tors, has substantial water quality to comments, suggestions, or objections control problems. In addition, the Gov­ which may be submitted in writing to: As used in this part, the following ernor (s) , after consultation with appro­ Chief, Planning and Standards Branch, terms shall have the meanings set forth priate elected and other officials of local Office of Air and Water Programs, En­ below: governments having jurisdiction in such vironmental Protection Agency, Wash­ (a) The terih “Act” means the Fed­ areas, shall designate (A ) the area, in­ ington, D.C. 20460. All comments, sug­ eral Water Pollution Control Act, as cluding its boundaries, and (B) a single gestions, or objections received on or amended, 33 U.S.C. ----- , et seq. representative organization, including before July 16, 1973, will be considered. (b) The term “ EPA” means the U.S. local elected officials or their designees, Environmental Protection Agency. capable of developing effective areawide R obert W . F r i, (c) The term “Administrator” means treatment plans for such area. Acting Administrator. the Administrator of the U.S. Environ­ May 24, 1973. The Act further provides that the Gov­ mental Protection Agency. ernor^) may from time to time, and for Regulation (d) The term “ 208 planning areas” good reason, modify previously desig­ Section 208(a) means the area designated under section 208(a) (2), (3), or (4) of the Act. nated boundaries, or designate additional Subpart A— Scope and Purpose; Definitions areas and planning agencies for such Sec. Subpart B— Procedures for Designation of areas. 208 Planning Areas and Agencies Re­ 126.1 Scope and Purpose. In the event that a Governor remains 126.2 D e fin itio n s. sponsible for Planning silent regarding designation of an other­ Subpart B— Procedures for Designation of 208 § 126.10 Criteria for determination of wise eligible area, the chief elected offi-. Planning Areas and Agencies Responsible for 208 planning areas. cials of general purpose local govern­ Planning ment may by agreement designate both A 208 planning area must meet all the 126.10 Criteria for determination of 208 following criteria: the area and the agency responsible for planning areas. the planning. 126.11 Criteria for designation of agencies (a) A preference will be given by the Administrator, in approving designa­ The emphasis of this section of the responsible for planning. 126.12 Procedure for designation of intra­ tions, to areas of urban-industrial con­ legislation is to provide a mechanism for state 208 planning areas and agen­ centrations, because of the Act’s legisla­ effective joint areawide implementation cies responsible for planning. tive history and in view of the of the planned actions in complex situa­ 126.13 Procedure for designation of inter­ institutional nature of urban-industrial tions involving numerous municipal and state 208 planning areas and agen­ concentrations. For this purpose an industrial point source and nonpoint cies responsible for planning. urban-industrial concentration is that 126.14 Nondesignation of 208 planning source control problems. Analysis per­ portion of a standard metropolitan sta­ formed in the basin plans developed pur­ areas and/or agencies by Gover­ n o r ^ ) . suant to section 303(e) of the Act is used tistical area (SMSA), or those portions 126.15 Submissions of 208 planning areas of SMSA’s, having substantial concen­ in part in developing the need and use and agencies responsible for plan­ of these areawide plans. ning. trations of population and manufactur­ In view of the intention of the legisla­ 126.16 Procedure for designation of 208 ing production or other factors which tion, the Environmental Protection planning areas and agencies re­ result in substantial water control prob­ Agency believes that an areawide water sponsible for planning by the chief elected officials of general purpose lems. The entire SMSA(s) may be desig­ quality management program should be local government. nated as the planning area. Such areas carried out to gain the following objec­ 126.17 Review of submissions. may be increased to include areas out­ tives: 126.18 Revision. side the SMSA(s) which have substantial Provide cost effective,. point source Subpart C— State Planning in Nondesignated treatment and control for areas of urban- Areas water qualify control problems resulting industrial concentrations having sub­ 126.20 Determination of planning agencies from concentrations of population and stantial water quality control problems. in nondesignated areas. manufacturing activity or other factors

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§ 126.14 Nondesignalion o f 208-plan­ and w hich are contiguous to the urban- (i) The general and specific authori­ ties and prohibitions of the agency with ning areas and/or agencies by Gov­ industrial area of concentration within ernor (s ). the SMSA(s); . . .. _ regard to water quality management (b) The area must have a substantial planning, including but not limited to In certain intrastate areas the Gov­ water quality control problem. A sub­ coordination with or participation in ernor may determine not to designate a stantial water quality control problem comprehensive planning, land use plan­ 208-planning area even though the cri­ shall be considered to exist only where ning, water sewer planning, coastal zone teria set forth in §§ 126.10 and 126.11 the complexity and nature of the water planning and other related planning and may be met. Specific nondesignation of a quality control problem requires an area­ development activities and controls. 208-planning area does not preclude later wide waste treatment management plan, (ii) The relationship o f' the agency designation by the Governor. and where; (both formal and informal) with plan­ Note.— Attention is called to the fact that (1) A substantial portion of the major ning agencies of different levels of gov­ the Governor has- three specific choices of receiving waters available for waste dis­ ernment including but not limited to action. He may designate; remain silent; or charge from the area has been classified Federal, State, interstate and Federal- may nondesignate specific areas. If the Gov­ by the State as a water quality segment, State agencies as well as local govern­ ernor remains silent the chief elected of­ after adequate analysis demonstrating ment agencies. ficials of general purpose local government (iii) The relationship of the agency in the area may make such designations if this classification, under the require­ they So choose. Upon approval by the Admin­ ments of 40 CFR 130; or (both formal and informal) with man­ istrator, designation by local elected officials (2) A substantial and extensive agement and regulatory agencies such as is binding upon the Governor. groundwater pollution problem exists. those that possess zoning and subdivi­ (c) The affected general purpose units sion controls, and those that construct § 126.15 Submissions o f 208 planning of local government within the bounda­ and operate wastewater facilities. areas and agencies responsible for ries of the problem area (208 planning (iv) Where an existing agency is planning. area) must: designated: Within 180 days after issuance of the (1) Have in operation a coordinated (a) The agency’s past record in water regulations the Governor shall notify waste treatment management system, or quality management planning with spe­ the Administrator of his actions regard­ (2) Show their intent, through for­ cial regard to plan quality, technical, ing designation of 208 planning areas mally adopted resolutions, to join to­ fiscal, political and economic feasibility, and agencies responsible for the plan­ gether in the planning process to develop and environmental soundness. ning. This notification shall be in writing and implement a plan which will result (b) The agency’s expertise, either in- and shall include: in a coordinated waste treatment man­ house or readily available, with particu­ (a) Identification and supporting agement system for the area. lar regard to water quality and compre­ analysis of each water quality segment (d) The area must be located within hensive planning. included in each area, set forth in regu­ a State or States each of which has legis­ (c) The agency’s fiscal, manpower, lation parts 130 and 131 of this chapter, lation which authorizes units of local data, and other resources in light of (b) An exact description of the bound­ government to enter into agreements for existing and proposed 3 year commit­ aries of each area including: coordinated wastewater management as ments in other areas. (1) A statement of whether in the set forth in section 208 of the Act. § 126.12 Procedure for designation o f case of urban-industrial concentrations § 126.11 Criteria for designation o f intrastate 208 planning areas and the boundaries of the area conform with agencies responsible for planning. agencies responsible for planning. the boundaries of the SMSA(s) as defined by the Office of Management and Budget, (a) The agency shall be a representa­ The Governor of the State shall, after and if in nonconformance the reasons for tive organization whose membership proper consultation with appropriate any departure from the recognized boun­ shall include but need not be limited elected and other officials of local gov­ daries of the S M SA (s); or to elected officials of local governments, ernments having jurisdiction in such (2) I f the area is not located within an or their designees, having jurisdiction area, and such State agencies as he may SMSA and where other factors are re­ in the designated planning area. The desire, and having complied with the sponsible for designation, a statement in­ agency shall establish procedures for requirements for public participation as dicating: plan adoption and resolution of major set forth in section 126.30 of this regu­ (i) Population of the area, issues. The agency shall have, as a mini­ lation, designate the 208 planning area, (ii) Nature of the concentration and mum, waste treatment planning juris­ including its boundaries, and a single distribution of industrial activity in the diction in the entire designated area. representative agency to be responsible area, Existing, capable regional agencies may for the planning. In designating such (iii) Degree to which it is anticipated be designated consistent with the poli­ planning areas and agencies, the Gov­ that the area could improve its ability to cies in title IV of the Intergovernmental ernor shall consider the criteria set control water quality problems were it Cooperation Act of 1968, as implemented forth in §§ 12640 and 126.11. designated as a section 208 area, by part IV of OMB Circular A-95. A § 126.13 Procedure for designation of (iv) Factors responsible for designa­ single qualified agency may be desig­ interstate 208 planning areas and tion. nated as being responsible for planning agencies responsible for planning. (c) For each area a copy of the charter in more than one planning area. The Governors of the States shall, in of existing regional waste treatment (b) In the selection of the area wide management agencies or formally Planning agency, the Governor (s) must interstate areas, after consultation with consider that such agency, by Federal appropriate elected and other officials adopted resolutions which demonstrate law, shall have the water quality man­ of all local governments having juris­ that the general purpose units of local agement planning process fully under diction and with such State and inter­ government involved will join together in way no later than 1 year after its desig­ state agencies as they may desire, or may be required by State legislation and hav­ the planning process to develop and im­ nation. Further, the agency must have plement a plan which will result in a the capability to complete, and shall ing complied with the requirements for coordinated waste treatment manage­ complete, the initial water quality man­ public participation as set forth in sec­ agement plan no later than 2 years after tion 126.30, mutually designate each 208- ment system for the area. the planning process is in operation or planning area including its boundaries, (d) For each area the name, address, such earlier date as the State may re­ and for each area a single representative and official contact of the agency desig­ agency to be responsible for the plan­ quire for incorporation into State plans nated to carry out the planning. required under section 303 (e) of the Act. ning. In designating such planning areas and agencies, the Governors shall con­ (e) A list of all eligible areas which The Governor or, in interstate cases, the the Governor wishes to nondesignate at Governors, shall in the designation sider the criteria set forth in §§ 126.10 Process, consider: and 126.11. this time.

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1973 14232 PROPOSED RULES

(f) A statement on the factors con­ approval or disapproval of each designa­ does not foreclose the establishment of sidered in agency designation as des­ tion. In the event that the Administra­ other planning processes at the substate cribed in § 126.11. tor does not approve of one or more level. designations, he shall specify his reasons (g) A summary of record of the public Subpart D— Public Participation meetings. with his notice of disapproval. § 126.30 Public, participation require­ § 126.18 Revisions. § 126.16 Procedure for designation o f ments in designation of 208 planning 208-planning areas and agencies re­ . (a) The appropriate Governor(s) or areas and designation of agencies re­ sponsible for planning by the chief local officials may from time to time sponsible for planning. elected officials of general purpose propose in writing a revision of the local government. (a) The Governor (s) shall consult with boundaries of any 208-planning area pre­ appropriate elected and other local offi­ (a) In the case of any intrastate or viously approved. The Administrator cials prior to designating planning areas interstate area(s), if the Govemor(s) of shall approve or disapprove such pro­ and agencies. The Governor (s), or in the an affected area does (do) not act to des­ posed revision pursuant to § 126.17. case of designation by chief elected offi­ ignate or nondesignate it as a 208-plan­ (b) The Governor(s) may also desig­ cials of general purpose local govern­ ning area, the chief elected officials of nate from time to time previously non- ment, those officials shall, after adequate general purpose local governments hav­ designated planning areas and agencies. public notice, hold one or more public ing jurisdiction in the area, after meeting In such cases the designation, submis­ hearings or meetings within the proposed the requirements for public participation sion, and approval shall follow the re­ 208-planning area for the purpose of as set forth in § 126.30, may designate quirements set forth in this part. gaining public advice on the designation such planning area, and a single repre­ of the planning area and agency. All sentative agency responsible for the Subpart C— State Planning in units of local government wishing to be Nondesignated Areas planning, which shall be based upon the heard and the general public shall be criteria set forth in §§ 126.10 and 126.11. § 126.20 Determination of planning included. (b) After making such designation, the agencies for areas other than those (b) Record of such public meetings or chief local officials shall: (1) Notify the classified as designated. hearings including notice of same shall Govemor(s) of the State(s) affected by (a) The State shall act as the plan­ be kept and made available to the Ad­ their action, and (2) submit their desig­ ning agency for all areas not designated ministrator upon request, A summary of nation to the Administrator in accord­ under § 126.12, § 126.13, or § 126.16.Where comments and meeting notes shall be ance with the requirements set forth in the Governor determines that the re­ submitted to the Administrator with each § 126.15. quirements of section 208(b) (2) (F designation. § 126.17 Review of submissions. through K ) should be applied on a state­ Subpart E— Assistance to Designated wide basis, the State may apply the plan­ Agencies (a) The Administrator shall review ning process established pursuant to each submission of designated 208-plan­ section 303 of the Act a? the process for § 126.40 Determination of eligibility. ning areas and agencies to determine carrying out the requirements of the Assistance under section 208 (f)(1), compliance with the criteria set forth in sections. Funds which may be available (g ), and (h) of the Act shall be provided this part. under section 106 of the Act may be only to those agencies designated under (b) Upon completion of his review, the utilized to conduct planning pursuant to § 126.12, § 126.13, or § 126.16. Administrator shall notify in writing the this section. Subpart F— Grants [Reserved] appropriate Governor (s) or local offi­ (b) Assumption by the State of the cials making such designations of his planning responsibilities in these areas [FR Doc.73-10681 Filed 5-29-73:8:45 am]

FEDERAL REGISTER, VOL. 3 8 , N O . 103— WEDNESDAY, M A Y 3 0 , 1 9 7 3