TUESDAY, JUNE 5, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 107

Pages 14733-14805

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. PRESIDENTIAL PROCLAMATION— World Environment Day 14739 UNFAIR TRADE PRACTICES— FTC cease and desist orders involving false advertising, deceptive packaging and flammable fabrics (5 documents)...... 14748—14750 TRUTH IN LENDING— FRS clarifies computation of cer­ tain annual percentage rates; effective 6-1-73...... 14743 FEDERAL HOME LOAN BANK BOARD— Amends policy on bank advances; effective 6-5-73...... 14743 FRANKFURTERS AND COOKED SAUSAGES— US DA re­ vises standards; effective 9-7—73...... 14741 FOOD ADDITIVES— FDA regulations on certain materials used in packaging and processing (2 documents); effec­ tive 6-5-73 ...... 14751 NITROGEN DIOXIDE EMISSIONS— EPA proposed revision for control strategy requirements; comments by 7-23-73.. 14762 MOTORCYCLE BRAKE SYSTEMS— DoT amends master cylinder labeling and wetting procedure for water recovery test; effective 1—1—74...... j...... 14753 AIR TRAFFIC CONTROL— FAA notice on channel integra­ tion ...... 14784 MICROWAVE LANDING SYSTEM— FAA notice regarding selection of interim standard...... 14784 HIGH-VALUE CARGO SECURITY— DoT proposes advisory standards; comments by 7-20-73...... 14760 AIR TRANSPORTATION OF HANDICAPPED PERSONS— FAA invites comments by 8-6—73 on proposed criteria.... 14757 HISTORIC PLACES— Interior Department additions and deletions to National Register list...... 14770 MAJOR HOUSEHOLD APPLIANCES— Commerce Depart­ ment proposes voluntary labeling program to promote energy conservation; comments by 7—5—73...... 14756 MEETINGS— Administrative Conference of the United States, 6-7 and 6—8—73-/...... 14785 HEW: National Advisory Council on Services and Facili­ ties for the Developmentally Disabled, 6-8 and 6-9-73.. 14783 President’s Cancer Panel, 6-8-73.....’...... 14783 AEC: Advisory Committee on Reactor Safeguards, 6-20-73 ...... 14785 CLC: Food Industry Wage and Salary Committee, 6 -1 3 -7 3 ______14786 Food Industry Advisory Committee, 6-11 and 6-12-73.. 14787 REMINDERS

N ote: There were no items published after October 1, 1972, that are eligible for inclusion in the list of R ules G oing I n to Effect T oday.

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FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 Contents

THE PRESIDENT DOMESTIC AND INTERNATIONAL FEDERAL MARITIME COMMISSION BUSINESS ADMINISTRATION Proclamation Notices Rules and Regulations World Environment Day______14739 Discriminatory rates; orders to Foreign excess property; correc­ show cause: tion ______14748 U.S. Atlantic and Gulf/Japan EXECUTIVE AGENCIES trade ______14767 ADMINISTRATIVE CONFERENCE OF THE EMERGENCY PREPAREDNESS OFFICE U.S. West Coast/Japan trade_ 14764 UNITED STATES Notices FEDERAL POWER COMMISSION Notices Major disasters: Proposed Rules M eeting______14785 Arkansas (2 documents) _ 14799, 14800 Reserves dedication in Texas Florida ______1______14800 Gulf Coast and Southern AGRICULTURE DEPARTMENT Illin o is ______14800 Louisiana areas______14763 Kansas______14800 See Animal and Plant Health In ­ Notices spection Service; Forest Serv­ ENVIRONMENTAL PROTECTION AGENCY Hearings, etc.: ice; Packers and Stockyards Apache Exploration Corp. (2 Administration. Rules and Regulations documents) ______14787 Air program; approval of Dela­ C & K Petroleum, Inc______14788 ANIMAL AND PLANT HEALTH ware plan revisions______14752 Columbia Transmission Corp__ 14788 INSPECTION SERVICE Proposed Rules Distrigas Corp. et al______14788 Rules and Regulations Exxon Corp______14789 Preparation, adoption, and sub­ Kansas Power and Light Co___ 14790 Frankfurters and certain other mittal of implementation plans; Natural Gas Pipeline Company cooked sausage products; stand­ nitrogn dioxide control strat­ of America______14790 ards of composition______14741 egy ____ 14762 Pacific Gas & Electric Co______14790 Sea Robin Pipeline Co______14790 ATOMIC ENERGY COMMISSION FEDERAL AVIATION ADMINISTRATION Tenneco Oil Co______14792 Notices Rules and Regulations Tennessee Gas Pipeline Co____ 14792 United Gas Pipe Line Co. and Advisory Committee on Reactor Airworthiness directives; British Safeguards Subcommittee on Texas Gas Transmission Aircraft Corp. Viscount Model Corp. ------14792 Atlantic Generating Station; 744, 745D, and 810 series air­ m eeting______14785 Wisconsin Electric Power Co. planes ______14744 (2 documents)______14793 Duke Power Co.; further pre- Control zone; designation______14744 hearing conference____1______14786 Restricted zone ; alteration______14744 FEDERAL RESERVE SYSTEM IFR altitudes______14745 Rules and Regulations CIVIL AERONAUTICS BOARD Transition area; alteration______14744 Truth in lending; daily periodic Notices Proposed Rules rate; computation of annual Allegheny Airlines, Inc.; tem­ percentage rate.______14743 Air transportation of handicapped Notices porary suspension of service at persons______14757 Terre Haute, Ind______14777 Airworthiness directives; Handley Alabama Financial Group, Inc.; Page Model HP-17 Jetstream application ______14793 CIVIL SERVICE COMMISSION airplanes______14759 Bank acquisitions: Notices Positive control area; establish­ Barnett Banks of Florida, Inc_ 14793 ment ______-______14760 First National Charter Corp__ 14796 Noncareer executive assignments: First Virginia Bancshares Corp_ 14796 Health, Education, and Welfare Notices Southeast Banking Corp. (3 Departm ent______14786 Policy decisions: documents)______14797, 14798 Interior Department (2 docu­ Air traffic control radio fre­ Crocker National Corp.; acquisi­ ments) ______14786 quency assignment; proposed tion of mortgage company_____ 14793 Labor Department______14786 integration of certain VHF Fidelity Corporation of Pennsyl­ vania; acquisition of local COMMERCE DEPARTMENT communication channels into the National Airspace Sys- finance corporation______14795 See also Domestic and Interna­ t e m ------14784 United Carolina Bancshares tional Business Administration. Interim standard microwave land­ Corp.; proposed acquisition of Proposed Rules ing system______14784 credit corporation______14799 FEDERAL TRADE COMMISSION Voluntary labeling program for FEDERAL COMMUNICATIONS Rules and Regulations major household appliances to COMMISSION effect energy conservation, pro­ Prohibited trade practices: Proposed Rules cedures ______14756 Activitoys, Ltd., et al______14748 Land mobile service; extension of Excel Finance Baronne, Inc., et COST OF LIVING COUNCIL time for filing supplementary al — ______14748 m aterial______14762 Leron, Inc., et al______14749 Notices Mark Home Furniture Co., et a l ------14749 Food Industry Advisory Commit­ FEDERAL HOME LOAN BANK BOARD tee; m eeting______Wilson P. Abraham Construc­ Food Industry Wage and Salary Rules and Regulations tion Corp., et al______14750 Committee; meeting, closed— 14786 Bank advances; policy statement- 14743 (Continued on next page) 14735

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 14736 CONTENTS

FOOD AND DRUG ADMINISTRATION INTERIOR DEPARTMENT PACKERS AND STOCKYARDS Rules and Regulations See National Park Service. ADMINISTRATION Biologic products and radiation INTERSTATE COMMERCE Notices control under Health and Safety COMMISSION Walker Livestock Auction et al., Act of 1968; correction______14752 Rules and Regulations deposting stockyards-^—_■_____ 14782 Food additives: Car service: Components of paper and paper- Baltimore and Ohio Railroad RAILROAD RETIREMENT BOARD board in contact with aque­ C o ______14754 Notices ous and fatty foods______14761 Delaware and Hudson Railway Sanitizing solutions______14751 C o ______14755 Railroad retirement supplemental Notices New York Dock Railway_____ 14753 annuity program; determina­ Norfolk and Western Railway tion of quarterly rate of excise Merck Sharp & Dohme Research tax ------14800 Laboratories; opportunity for Co ______4______14754 hearing on use of Nithiazide___ 14782 Penn Central Transportation Co. et al. (2 documents)— 14754, SECURITIES AND EXCHANGE FOREST SERVICE 14755 COMMISSION Notices Union Pacific Railroad Co_:____ 14754 Notices Availability of draft and final en­ Notices Hearings, etc.: vironmental statements: Assignment of hearings______14801 BBI, Inc______14800 Blanchard Springs Caverns op- Atlanta and West Point Rail Road Continental Vending Machine eration ______14781 Co. et al.; distribution of box­ C o rp ------14800 Landownership adjustment plan cars ______14802 Jerome Mackey’s Judo, Inc____ _ 14801 between Weyerhaeuser Co. Motor Carrier Board transfer United Auto Auction Systems, and Gifford Pinchot National proceedings (2 documents)___ 14802, Inc ______14801 Forest______14781 14803 Westgate-California Corp_____ 14801 Skalkaho-Gird and Sleeping Motor carrier temporary author­ ity applications______14803 Child planning units; multi­ SOCIAL AND REHABILITATION SERVICE ple use plan______14782 NATIONAL HIGHWAY TRAFFIC SAFETY Environmental statements under ADMINISTRATION Notices preparation as of May 15, 1973_ 14777 Rules and Regulations National Advisory Council on HAZARDOUS" MATERIALS REGULATIONS Safety standards; motorcycle Services and Facilities for BOARD brake systems______14753 the Developmentally Disabled; m eetin g ______14783 Notices Notices Change of location______14784 Motor vehicle safety standard; petition for temporary exemp­ TRANSPORTATION DEPARTMENT HEALTH, EDUCATION, AND WELFARE tion ______14785 See also Federal Aviation Admin­ DEPARTMENT NATIONAL INSTITUTES OF HEALTH istration; Hazardous Materials See Food and Drug Administra­ Regulations Board; National tion; National Institutes of Notices Highway Traffic Safety Admin­ Health; Social and Rehabilita­ National Cancer Institute; meet­ istration. ing ______— _____ 14783 tion Service. Proposed Rules NATIONAL PARK SERVICE INTERIM COMPLIANCE PANEL Cargo security advisory stand­ Notices Notices National . Register of Historic ards; high value commodity Permit renewal applications; op­ Places; additions, deletions and storage; advisory standard set­ portunity for public hearing 14799 corrections ______,______14770 ting ______14760

FEDERAL REGISTER, VOL. 38, NO, 107— TUESDAY, JUNE 5, 1973 \ CONTENTS 14737 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.

9 CFR 15 CFR 47 CFR 319______- ______14741 302 ______. ______14748 P roposed R u l e s : 12 CFR P roposed R ules: 2___ 14762 226______14743 9______.______14756 18______14762 531___ 14743 21______14762 16 CFR 73 ______14762 14 CFR 13 (5 documents)______14748-14750 74 ______14762 39______14744 89______14762 71 (2 documents)______14744 21 CFR 91___ 14762 7 3 ______5______14744 121 <2 documents) 14751 93______14762 «5______14745 273______14752 P roposed R u l e s : 278 ______...... 14752 49 CFR 25______^______14757 40 CFR 571______14753 39____ 14759 52______.______14752 1033 (7 documents)______14753-14755 71____ 14760 121______14757 P roposed R ules: 1 P roposed R u l e s : 135______14757 51______14762 85____ 14760

FEDERAL REGISTER, V O L 38 , MO. » 7 — TUESDAY, JUNE 5, 1973

Presidential Documents

Title 3—The President

PROCLAMATION 4219 World Environment Day

By the President of the United States of America A Proclamation

As the astronauts of Skylab I orbit the earth in America’s first manned space station, we are mindful once again of the essential unity of man­ kind— bound together by the finite resources of one small planet. One of the chief concerns of this and subsequent space missions will be the resources of the earth and the quality of its environment. As before, our findings will form the basis for positive contributions to our fellow man.

But we do not have to rely upon the results of space research to improve the earth’s environment. All men and women have a personal role to play in this vital endeavor. The United Nations Conference on the Human Environment held last June, with the participation of one hundred and thirteen nations, was a reflection of the increased understanding of all mankind that environmental quality is everybody’s business— superseding any temporary differences which may hamper relations between nations.

In response to a resolution of the Conference on the Human Environ­ ment, the United Nations General Assembly last December endorsed a recommendation reading, in part, as follows:

f “The General Assembly . . . designates 5 June as W orld Environ­ ment Day and urges Governments and the organizations in the United Nations System to undertake on that day every year world-wide activities reaffirming their concern for the preservation and enhancement of the environment, with a view to deepening environmental awareness and to pursuing the determination expressed at the Conference.”

N O W , T H E R E F O R E , I, R IC H A R D N IX O N , President of the United States of America, do, in support of the action of the United Nations General Assembly, call on the people of the United States and United States Government agencies to observe June 5 as World Environ­ ment Day with appropriate ceremonies and activities emphasizing the concern of Americans for a better environment in which to live.

I N W IT N E S S W H E R E O F , I have hereunto set my hand this fourth day of June 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.73-11367 Filed 6-4-73 ;12:27 pm]

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973

14741 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 9— Animals and Animal Products with the various kinds of cooked sausages uncommon for a particular consumer to CHAPTER III— ANIMAL AND PLANT to insure they are identified informa­ desire to avoid sausages and other such HEALTH INSPECTION SERVICE (MEAT tively and without deception to the pub­ products containing certain varieties of AND POULTRY PRODUCTS INSPEC­ lic. Background information concerning meat and that this type of a labeling ar­ TION), DEPARTMENT OF AGRICULTURE the proposals was included in the F ed­ rangement would permit them to do so er al R egister notices. with a minimum of effort and time. It SUBCHAPTER A— MANDATORY MEAT INSPECTION A total of 126 written submissions con­ was also pointed out that this labeling taining views and conclusions on the pattern is customarily used with a wide PART 319— DEFINITIONS AND STAND­ proposed standards were received within range of products, such as “beef stew,” ARDS OF IDENTITY OR COMPOSITION the comment period provided in the “ chicken pie,” “corned beef hash,” to Standard of Composition for Frankfurters March 14, 1973, notice and which ex­ cite some familiar examples, that are and Certain Other Cooked Sausage pired April 17, 1973. The majority of the composed of a number of ingredients be­ Products submittals were from meat processors or sides meat but in which the meat named their trade organizations and consumers. in the product designation is the most Statement of consideration.—On valuable constituent. March 14, 1973, there appeared iri the The submittals on the revised proposed standards as described in the March 14, This product identification recom­ F ederal R eg ister (38 FR 6898-6900), a mendation was thoroughly considered in 1973, F ederal R eg ister notice contained notice of proposed rulemaking under the relation to the Department’s labeling) Federal Meat Inspection Act <21 U.S.C. very little new or additional information on the products or their compositions records which indicate such labeling has 601 et seq.), to amend the standard for been and is at present customarily used frankfurters and certain other cooked and labeling. The comments in the sub­ mittals in general Indicated substantial in a number of important cooked sausage sausage products to designate different marketing areas to designate the prod­ ingredient and labeling requirements for concurrence with the provisions in the standards as proposed. ucts made with meat from a single spe­ the specified kinds of cooked sausages. cies. It appears, therefore, that a con­ The notice contained substitute proposed The Federal Food and Drug Adminis­ tinuation of this established practice standards for the products with provi­ tration signified agreement with the pro­ would be in the public interest since it sions that were based on the information posed standards as did the comments provides for familiar product designa­ and data submitted in relation to the from State officials except they also con­ tions to be used by consumers for quick initial proposal that was announced in tained several suggestions on the labeling reference in choosing between sausages the December 23,1972, F ederal R e g ist e r . of the products. made with different kinds of meats. Typographical errors in the initial pro­ A number of the submittals recom­ 2. To lessen the prominence as would be posal were corrected by an appropriate mended changes be considered in some required by the revised proposed stand­ notice in the December 28, 1972, F ederal of the labeling details of the proposed ards in the supplemental labeling phrase R egister. standards for the purpose of providing “ with byproducts” or “with variety The proposals in the notices were to for more specific product identification meats,” on the grounds that many of the provide for implementation of the May 5, or because of the influence of several containers used with consumer size 1971, order of the U.S. District Court for merchandising circumstances usually as­ packages of sausages have inadequate the District of Columbia as modified by sociated with the distribution of cooked space to accommodate the display of the the U.S. Court of Appeals for the District sausages and similar meat products. The labeling feature as prominently as pro­ of Columbia in the case of Federation of principal changes recommended for in­ posed. Observations by USDA staff mem­ Homemakers vs. Earl L. Butz, et al. (No. corporation into the standards for the bers confirm that packages with 4 to 6 oz 71-1611). The order, as modified, enjoins cooked sausage products, the reasons of sliced bologna or 8 oz of frankfurters the Department from permitting the cited in their support, and the conclu­ and knockwurst or 4 oz metal containers term “All Meat” or “All (Species) ” to be sions of the Department on each are as of Vienna sausage are quite frequently included on labels for sausages within follows: used in the merchandising of cooked sau­ the meaning of § 319.180 of the Federal 1. To include the name of the meat in­sage products. It is also evident that la­ meat inspection regulations, and re­ gredient in the designations for a sausage bels for such articles must be made to quires the Secretary “ to develop, pre­ composed of a particular species of meat conform to the size of the containers scribe and submit to the district court combined with functional substances, and consequently space for the display revised labels that accurately and with­ e.g., “ beef frankfurter.” It was contended of labeling features is usually extremely out deception distinguish the different that such a name would enhance con­ limited. The observations also indicate types of frankfurters from each other sumer opportunities to quickly differen­ that the obscurity of essential labeling and from competitive meats.” Compli­ tiate between the various types of cooked features can readily become a problem ance with the principal provisions of the sausages and competing similar meat when the crowding of label features oc­ order was originally required by products displayed for retail selections. curs due to inadequate space for the re­ March 19, 1973, but this period was later In support of this recommendation, it quired labeling matter. extended by the district court to and was argued that in a number of impor­ The Department’s labeling require­ including September 6, 1973. In order to tant marketing areas of the country, ments for sausages have for many years comply with such order, it is necessary there is a decided consumer preference included provisions for the mandatory to consider what ingredients will be per­ for cooked sausages made with a partic­ display with the product name of sup­ mitted in the various sausage products, ular kind of meat, specifically beef, and plementary statements that describe cer­ so that a proper decision can be made that the labeling of an article should in­ tain product properties, e.g., “Nonfat Dry with respect to their labeling. In that clude a completely descriptive name, for Milk Added” or “Artificially Colored.” connection, the notices sought comments example, “beef frankfurter,” to assist In deference to space limitations fre­ on the ingredients to be included in the consumers by providing for easy recogni­ quently associated with numerous prod­ various cooked sausage varieties and the tion of the preferred product. On the uct labels, minimum size specifications labeling requirements to be associated other hand, it was asserted that it is not for such supplementary statements have

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107----- 2 i4742 RULES AND REGULATIONS not been designated. It has been required name, e.g., frankfurter, frank, furter, skeletal muscle meat with raw meat by­ that such labeling features be of suffi­ hotdog, wiener, Vienna, bologna, garlic products and raw or cooked poultry cient size and color, in relation to their bologna, or knockwurst, in conjunction products; and seasoned and cured, using backgrounds, to function adequately for with the phrase “with byproducts” or one or more of the curing ingredients their intended purposes in the identifica­ “with variety meats” and with such in accordance with § 318.7(c) of this tion of the products. The features are phrase prominently displayed directly chapter. They may or may not be judged on such criteria when labels are contiguous to the generic name and smoked. Partially defatted pork fatty submitted to the Department for ap­ shown in the same color as the generic tissue or partially defatted beef fatty proval prior to use with products. name and on an identical background. tissue, or a combination of both, may be In the interest of insuring the best 3. A cooked sausage made with the in­used in ' an amount not exceeding 15 possible labeling in relation to the fre­ gredients described in item 1 or 2 above, percent of the meat and meat byproducts quent problem of space limitations, there but which contains one or more of the or meat, meat byproducts, and poultry appears to be justification to omit spe­ approved nonmeat binder materials that products ingredients. The finished prod­ cific m inim um size of print requirements are functionally distinctive ingredients,* ucts shall not contain more than 30 per­ in the standards for the supplemental such as “ calcium reduced dried skim cent fat. Water or ice, or both, may be phrase “with byproducts” or “ with milk,” would be required to be labeled used to facilitate chopping or mixing variety meats” and to provide for such with the generic name of the cooked to dissolve the curing and seasoning labeling features to be prominently dis­ sausage together with the name of the ingredients, but the sausage shall con­ played and contiguous to’ the generic binder, e.g., “Frankfurter, Calcium Re­ tain no more than 10 percent of added name, e.g., “Frankfurter," and for all duced Dried Skim Milk Added,” and with water. These sausage products may con­ terms to be shown in the same color on a reference to byproducts (or variety tain uncooked, cured pork which does an identical background. meats) if preseht, e.g., “Bologna, with not contain any phosphates or contains 3. To recognize the term “hotdog” asVariety Meats, Soy Flour Added.” only phosphates approved under part a common or usual designation for the In order to enable compliance with the 318 of this chapter. These sausage prod­ cooked sausage classed as a “frankfurter” court order by September 7, 1973, the ucts may contain poultry products, indi­ and to indicate that the standards apply following amendments of the regulations vidually or in combination, not in excess equally to the sausage products labeled in 9 CFR part 319 are made: of 15 percent of the total ingredients, “ frankfurters,” “franks,” “furters,” or 1. Subpart G is amended to read: excluding water, in the sausage. Such “hotdogs.” “Subpart G—Cooked Sausage” and sub­ poultry products shall not contain kid­ The frequent references to “hotdogs” part H is reserved. neys or sex glands. The amount of poul­ in news stories about frankfurters and in 2. Section 319.180 is amended to read: try skin present in the sausage must not advertisements for this particular sau­ exceed the natural proportion of skin sage indicate support for the claim that § 319.180 Frankfurter, frank, furter, present on the whole carcass of the kind the term is meaningful to consumers for hotdog, wiener, vienna, bologna, gar- of poultry used in the sausage, as speci­ product identification purposes. Also, the lie bologna, knockwurst, and similar fied in § 381.117(d) of this chapter. The Department’s label records indicate that products. poultry products used in the sausage the abbreviated versions of the designa­ (a) Frankfurter, frank, furter, hot­ shall be designated in the ingredient tion “ frankfurter,” i.e., “ frank” and dog, wiener, Vienna, bologna, garlic statement on the label of such sausage “furter,” have been used interchangeably bologna, knockwurst and similar cooked in accordance with the provisions of for many years in the labeling of the sausages are comminuted, semisolid §381.118 of this chapter. Meat by­ same type of cooked sausage product. sausages prepared from one or more products used in the sausage shall be Other nonsubstantive changes were kinds of raw skeletal muscle meat or designated individually in the ingredient made for purposes of clarification. raw skeletal muscle meat and raw or statement on the label for such sausage After full and careful consideration of cooked poultry meat, and seasoned and in accordance with § 317.2 of this all the comments submitted in regard to cured, using one or more of the curing chapter. the F ederal R eg ister notices on the pro­ agents in accordance with § 318.7(c) of (c) A cooked sausage as defined in posed sausage standards, and the other this chapter. They may or may not be paragraph (a) of this section shall be detailed information of importance on smoked. The finished products shall not labeled by its generic name, e.g., frank­ the products available to the Department, contain more than 30 percent fat. Water furter, frank, furter, hotdog, wiener, it is concluded that the regulations or ice, or both, may be used to facilitate Vienna, bologna, garlic bologna, or should be amended to provide for the chopping or mixing or to dissolve the knockwurst. Sausage products within following identifications of “ cooked sau­ curing ingredients but the sausage shall paragraph (a) of this section that are sages : ” contain no more than 10 percent of added prepared with meat from a single species of cattle, sheep, swine, or goats shall be 1. A cooked sausage made primarily water. These sausage products may con­ tain uncooked, cured pork from primal labeled with the term designating the with raw skeletal muscle meat, but which particular species in conjunction with could also include up to 15 percent raw parts as defined in § 316.9(b) of this chapter, which do not contain any phos­ the generic name, e.g., “Beef Frank­ or cooked poultry meat, combined with furter.” required functional agents such as water, phates or contain only phosphates ap­ salt, sweeteners, and curing substances, proved under part 318 of this chapter. (d) A cooked sausage as defined in woiild be required to be labeled by its Such products may contain raw or paragraph (b) of this section shall be generic name, e.g., frankfurter, frank, cooked poultry meat not in excess of 15 labeled by its generic name, e.g., frank­ furter, hotdog, wiener, Vienna, bologna, percent of the total ingredients, exclud­ furter, frank, furter, hotdog, wiener, garlic bologna, or knockwurst. Such ing water, in the sausage. Such poultry Vienna, bologna, garlic bologna, or products prepared with meat from a meat ingredients shall be designated in knockwurst, in conjunction with the single species would be labeled with the the ingredient statement on the label phrase “ with byproducts” or “with va­ term designating the particular species of such sausage in accordance with the riety meats” with such supplemental in conjunction with the generic name, provisions of § 381.118 of this chapter. phrase shown in a prominent manner e.g., “beef frank.” (b) Frankfurter, frank, furter, hot­ directly contiguous to the generic name and in the same color on an identical 2. A cooked sausage made with at least dog, wiener, Vienna, bologna, garlic background. 15 percent raw skeletal muscle meat com­ bologna, knockwurst and similar cooked bined with raw byproducts, or made with sausages that are labeled with the phrase (e) With appropriate labeling as re­ at least 15 percent raw skeletal muscle “with byproducts” or “with variety quired by § 317.8(b) (16) of this chapter, meat combined with raw byproducts and meats” in the product name are commi­ e.g., “Frankfurter, Calcium Reduced up to 15 percent raw or cooked poultry nuted, semisolid sausages consisting of Dried Skim Milk Added,” or “Bologna, products, combined with required func­ not less than 15 percent of one or more kinds of raw skeletal muscle meat with with Byproducts (or Variety Meats), Soy tional agents such as water, salt, sweet­ Flour Added,” one or more of the follow­ eners, and curing substances would be raw meat byproducts, or not less than required to be labeled by its generic 15 percent of one or more kinds of raw ing binders may be used in cooked

FEDERAt REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14743 sausage otherwise complying with para­ computation of the annual percentage because it was based upon a distinction graph (a) or (b) of this section: Dried rate when daily periodic rates (rates that between withdrawal advances and ex­ milk, calcium reduced dried skim milk, are applied to each day’s outstanding pansion advances which is no longer nonfat dry milk, cereal, vegetable starch, balance) are used in figuring the finance followed. The intent of the advances starchy vegetable flour, soy flour, soy charge on the account. policy is that the Board wishes the banks to encourage their member institutions protein, provided such ingredients, in­ § 226.506 Daily periodic rate; computa­ dividually or collectively, do not exceed tion o f the annual percentage rate. to obtain commitments for needs which 3^2 percent of the finished product, ex­ are foreseeable. cept that 2 percent of isolated soy pro­ (a) Under §§ 226.5(a) (1) (ii), (3 )(i), Said § 531.3 is amended by rescinding tein shall be deemed to be the equivalent and (3) (ii), the quotient used in com­ paragraphs (a ), (b), and (e) thereof of 3x/2 percent of any one or more of the puting the annual percentage rate in and redesignating paragraphs (c) and other binders. open end credit accounts must be multi­ (f) thereof as paragraphs (a) and (b) (f) Cooked sausages shall not be plied by the number of billing cycles in a respectively. Present paragraph (a) of labeled with terms such as. “All Meat” year. The question arises as to the method § 531.3 is rescinded because advances are or “All (Species),” or otherwise to indi­ which should be used to compute the an­ no longer differentiated on the basis of cate they do not contain nonmeat in­ nual percentage rate under those sec­ purpose—withdrawal advances and ex­ gredients or are prepared only from tions where a daily periodic rate (or pansion advances, but rather on the basis meat. rates) is used. of term. Present paragraph (b) of § 531.3 (g) For the purposes of this section: (b) In any open end credit account to is rescinded because it is inconsistent Poultry meat means deboned chicken which the provisions of §§ 226.5(a) (1) (ii) with the present policy of offering and meat or turkey meat, or both, without or 226.5(a) (3) (i) apply, where all or a encouraging fixed-rate, fixed-term ad­ skin or added fat; poultry products mean portion of the finance charge is deter­ vances. Present paragraph (e) of § 531.3 chicken or turkey, or chicken meat or mined by the application of one or more is rescinded because the advances policy turkey meat as defined in § 381.118 of this daily periodic rates, the annual per­ is no longer specifically based upon chapter, or poultry byproducts as defined centage rate may be determined (1) by scheduled items. in § 381.1 of this chapter; and meat by­ dividing the total finance charge by the Accordingly, the Federal Home Loan products (or variety meats), mean pork average of daily balances and multiply­ Bank Board hereby amends paragraph stomachs or snouts; beef, veal, lamb, or ing the quotient by the number of bill­ (f) of said § 531.1 and said § 531.3 both goat tripe; beef, veal, lamb, goat, or pork ing cycles in a year, or alternatively (2) to read as set forth below, effective June hearts, tongues, fat, lips, weasands, and by dividing the total finance charge by 5,1973. the sum of the daily balances and multi­ spleens; and partially defatted pork § 531.1 General policy on advances. fatty tissue, or partially defatted beef plying the quotient by 365. fatty tissue. (c) In any open end credit account to * * * * * which the provisions of § 226.5(a) (3) (ii) (f) The use of advances to permit (Secs. 7 and 21, 34 Stat. 1262 and 1264, as apply, where a portion of the finance amended, 21 U.S.C. 607, 621; 37 PR 28464.) members to obtain what is primarily the charge is determined by application of advantage of rate differential rather It does not appear that further public one or more daily periodic rates, the than to meet clearly visible needs for participation in rulemaking proceedings phrase “sum of the balances” in foot­ funds should be avoided. Similarly, ad­ on the amendments to provide revised note 5a shall also mean the average of vances for any purpose not consistent standards for cooked sausages would daily balances. with the intent of the Federal Home Loan make additional information available to (Interprets and applies 15 U.S.C. 1606) Bank Act should be denied. Members the Department. should not seek credit in anticipation of Therefore, under the administrative This interpretation is effective June 1, withdrawals, and credit should not be procedure provisions in 5 U.S.C. 553, it 1973. granted to increase cash positions, to is found upon good cause that further By order of the Board of Governors, purchase Government securities, or to notice and other public rulemaking pro­ May 22, 1973. acquire other investment securities ex­ cedures on the amendments are imprac­ cept to the extent that the applicant is ticable and unnecessary. I s e a l I T y n a n S m it h , reestablishing the association’s normal Secretary of the Board. The foregoing amendments to the liquidity. [FR Doc.73-11152 Filed 6-4-73;8:45 am] regulations shall become effective Sep­ § 531.3 Supplemental statement o f pol­ tember 7,1973. icy on advances. [No. 73-747] Done at Washington, D.C. on May 30, (a) Commitments should not exceed 1973. CHAPTER V— FEDERAL HOME LOAN reasonable levels giving due considera­ C l a y t o n Y e u t t e r , BANK BOARD tion to all factors pertaining to a mem­ Assistant Secretary. SUBCHAPTER B— FEDERAL HOME LOAN BANK ber’s condition and operating situation. [P R Doc.73-11165 Piled 6-4^73;8:45 am ] SYSTEM Moreover, member institutions should PART 531— STATEMENTS OF POLICY control commitments by giving due re­ Title 12— Banks and Banking Amendments Relating to Policy on Bank gard to reasonably anticipated cash Advances flows, the requirements of the residential CHAPTER II— FEDERAL RESERVE SYSTEM mortgage market, and the availability of SUBCHAPTER A— BOARD OF GOVERNORS OF M a y 29,1973. credit from a member’s bank based on THE FEDERAL RESERVE SYSTEM The Federal Home Loan Bank Board discussion with the bank. [Reg. Z ] considers it desirable to amend §§ 531.1 (b) Loan officers of regional banks are PART 226— TRUTH IN LENDING and 531.3 of the regulations for the Fed­ expected to examine each advance ap­ eral Home Loan Bank System (12 CFR plication in prudent detail. Previous Daily Periodic Rate; Computation of Annual 531.1, 531.3) for the purpose of revising credit determinations certainly do not Percentage Rate the Board’s statements of policy regard­ preclude such examinations, nor accept­ This interpretation relates to technical ing advances by Federal Home Loan ance, rejection or modification of the provisions of regulation Z which pre­ Banks to member institutions. proposed loan application. Particular at­ scribe the procedures to be used by a Said § 531.1 is amended by rescinding tention shall be given to .precise purposes creditor in computing the annual per­ the third sentence of paragraph (f) of the proposed advance and the type of centage rate disclosed to a customer on thereof. That sentence states, “Advances properties and transactions for which his billing statement on an open end should , not be extended to meet those the funds are sought. credit account, such as a revolving charge foreseeable needs of a member which can (Secs. 10, 17, 47 Stat. 731, 736, as amended; account at a department store, or a bank 12 U.S.C. 1430, 1437. Reorganization Plan No. credit card, or check overdraft plan. The reasonably be met from a member’s own 3 of 1947, 12 FR 4981, 3 CFR 1943-48 Comp., interpretation clarifies the method of resources.” This policy no longer obtains p. 1071.)

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14744 RULES AND REGULATIONS

By the Federal Home Loan Bank paragraph (h ) of AD 66-12-3 or, before the Issued in East Point, Ga., on May 24, Board. accumulation of 19,000 total landings, which­ 1973. ever occurs later, and thereafter at intervals P h i l l i p M . S w a t e k , [ s e a l ] J a c k C arter, not to exceed 7,500 landings from the last Secretary. inspection, comply with paragraphs (d ) Director, Southern Region. and ( e ) . [FR Doc.73-11121 Filed 6-4-73;8:45 am] [PR Doc.73-11177 Piled 6-4-73;8:45 am] (d) Inspect the engine nacelle structure tubes and end fittings for cracks at the Title 14— Aeronautics and Space positions specified for the applicable tech­ [ Airspace Docket No. 72-SO-126 ] nique in figures 1 and 2 of British Aircraft PART 71— DESIGNATION OF FEDERAL CHAPTER I— FEDERAL AVIATION ADMIN­ Corp. (BAC) Ltd., preliminary technical ISTRATION, DEPARTMENT OF TRANS­ leaflet (PTL) No. 258, issue 4 ( 700 series), AIRWAYS, AREA LOW ROUTES, CON­ PORTATION dated August 31, 1971, or No. 122, issue 4 TROLLED AIRSPACE AND REPORTING [Docket No. 7175, Amdt. 39-1655] (800/810 series), dated August 31, 1971, using POINTS dye penetrant, radiographic, and ultrasonic PART 39— AIRWORTHINESS DIRECTIVES Designation of Mayaguez, Puerto Rico, resonance methods in accordance with tech­ Control Zone British Aircraft Corporation Viscount Model niques 1, 3, and 4, respectively, of the ap­ 744, 745D, and 810 Series Airplanes plicable PTL or an FAA-approved equivalent. On March 26,1973, a notice of proposed (e) Inspect the engine nacelle structure rulemaking (NPRM ) , was published in A proposal to amend part 39 of the tubes for internal corrosion at the positions the F ederal R egister (38 FR 7813) stat­ “Federal Aviation Regulations” to in­ specified for technique 2 in figures 1 and 2 ing that the Federal Aviation Admin­ clude an airworthiness directive requir­ of BAC Ltd. PTL No. 258, issue 4 (700 series), istration (FAA) was considering an ing periodic inspection of the nacelle dated August 31, 1971, or No. 122, issue 4 (800/810 series), dated August 31, 1971, using amendment to part 71 of the “Federal structure tubes and end fittings for cracks the radiographic method in accordance Aviation Regulations” that would desig­ and internal corrosion, and replacement, with technique 2 of the applicable PTL ox nate the Mayaguez, Puerto Rico, control if necessary, on BAC Viscount model an FAA-approved equivalent. zone. 744, 745D, and 810 series airplanes, to (f) If, during an inspection required by Interested persons were afforded an supersede amendment '39-231 (31 FR paragraph (a), (b), or (c), any end fittings opportunity to participate in the* pro­ 6790), AD 66-12-3, was published in the are found cracked, or any tubes are found posed rulemaking through the submis­ cracked or corroded beyond the limits speci­ F ederal R e g ister on January 12,1973, at sion of comments. No objections were re­ fied in the applicable PTL, before further 38 FR 1396. flight replace the affected parts with service­ ceived. Interested persons have been afforded able parts of the same part number. In the description of the Mayaguez, an opportunity to participate in the Puerto Rico, control zone the true and making of the amendment. No com­ This supersedes amendment 39-231 magnetic values of the Mayaguez VOR ments were received. (31 FR 6790), AD 66-12-3. radial were inadvertently transposed. Ac­ (Secs. 313(a), 601, 603, Federal Aviation Act This amendment becomes effective tion is taken herein to correct this error. of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. July 5,1973. In consideration of the foregoing, part 6(c), Department of Transportation Act, 49 71 of the “Federal Aviation Regulations” U.S.C.1655(c).) Issued in Washington, D.C., on May 25, is amended, effective 0901 G.m.t., July 19, 1973. 1973, as hereinafter set forth. In consideration of the foregoing, and C. R. M elttgin, Jr., pursuant to the authority delegated to In § 71.171 (38 FR 351) the Mayaguez, Acting Director, P.R., control zone is added: me by the Administrator (14 CFR 11.89), Flight Standards Service. § 39.13 of part 39 of the “Federal Avia­ M ayaguez, P.R. [FR Doc.73-11120 Filed 6-4-73;8:45 amj. tion Regulations” is amended by adding Within a 5-mile radius of Mayaguez Air­ the following new airworthiness direc­ port (Lat. 18°15'26'' N., long. 67°08'58'' W .); tive: [Airspace Docket No. 73-SO-23] within 3 miles each side of Mayaguez VOR 252® radial, extending from the 5-mile-radius B r it is h A ircraft Corp. Applies to Viscount PART 71— DESIGNATION OF FEDERAL zone to 8.5 mUes west of the VOR. This model 744, 745D, and 810 series airplanes. AIRWAYS, AREA LOW ROUTES, CON­ control zone is effective during the specific Compliance Is required as indicated. TROLLED AIRSPACE, AND REPORTING dates and times established in advance by To prevent failures of the nacelle struc­ POINTS a notice to airmen. The effective date and ture tubes and end fittings on high time time will thereafter be continuously pub­ engine nacelle structures due to fatigue and Alteration of Transition Area lished in the FAA publication, “International corrosion, accomplish the following: On April 18,1973, a notice of proposed NOTAMs.” (a) For airplanes which have not been in­ rulemaking was published in the F ederal (Sec. 307(a), 1110, Federal Aviation Act of spected in accordance with paragraph (h) R e g ister (38 FR 9593), stating that the 1958, 49 U.S.C. 1348(a), 1510, Executive of AD 66-12-3 prior to the effective date of Federal Aviation Administration was Order 10854 (24 FR 9565); sec. 6 (c), Depart­ this AD: considering an amendment to part 71 of ment of Transportation Act, 49 U.S.C. 1655 (1) Within the next 500 landings or 12 cal­ (c).) endar months, whichever occurs sooner, after the “Federal Aviation Regulations” that the effective date of this AD, and thereafter would alter the Statesville, N.C., transi­ Issued in Washington, D.C., on May 23, at intervals not to exceed 7,500 landings tion area. 1973. from the last inspection, comply with para­ Interested persons were afforded an H . B. H e ls t r o m , graph (e ); and opportunity to participate in the rule- Chief, Airspace and Air (2) Within the next 500 landings after the making through the submission of com­ Traffic Rules Division. effective date of this AD or before the accu­ ments. All comments received were fa ­ [FR Doc.73-11122 Filed 6-4r-73;8:45 am] mulation of 19,000 total landings, whichever vorable. occurs later, and thereafter at intervals not In consideration of the foregoing, part to exceed 7,500 landings from the last inspec­ [Airspace Docket No. 73-NW -ll] tion, comply with paragraph ( d ) . 71 of the “Federal Aviation Regulations” is amended, effective 0901 G.m.t., Au­ (b) For airplanes which have accumulated PART 73— SPECIAL USE AIRSPACE 5,500 or more landings since compliance with gust 16, 1973, as hereinafter set forth. paragraph (h ) of AD 66-12-3, within the next In § 71.181 (38 FR 435), the States­ Alteration of Restricted Area 2,000 landings after the effective date of this ville, N.C., transition area is amended as AD, or before the accumulation of 19,000 follows: The purpose of this amendment to total landings, whichever occurs later, and “ * * * within a 5-mile radius of part 73. of the “Federal Aviation Regu­ thereafter at intervals not to exceed 7,500 Statesville Municipal Airport * * *” is lations” is to consolidate and reduce the landings from the last inspection, comply deleted and “ * * * within a 7-mile ra­ with paragraphs (d) and (e ). combined volume of restricted areas dius of Statesville Municipal Air­ R-6703 and R-6704, Port Lewis, Wash. (c) For airplanes which have accumu­ port * * *” is substituted therefor. lated less than 5,500 landings since compli­ The U.S. Army has requested that por­ ance with paragraph (h) of AD 66-12-3 on (Sec. 307(a) . Federal Aviation Act of 1958, 49 tions of restricted areas R-6703 and the effective date of this "AD, within the U.S.C. 1348(a); sec. 6 (c ), Department of next 7,500 landings after compliance with Transportation Act, 49 U.S.C. 1655(c).) R-6704, which have become unneeded,

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14745 be excluded from these two joint-use re­ SUBAREA D Summit, Alaska, LF/RBN; Zenana, Alaska, LFR; *9,500. *8,700— MOCA. stricted areas. Also the Army has re­ Boundaries Nenana, Alaska, LFR; Fairbanks, Alaska, quested that the remaining airspace be Beginning at latitude 47°03'38'' N., longi­ LFR; *4,000. *3,600— MOCA. consolidated into a new restricted area, tude 122°35'36" W.; to latitude 47°02'14" N., R-6703, and it be further subdivided longitude 122*32'15" W.; to latitude Section 95.626 Blue Federal airway 26 into four subareas, A, B, C, and D. The 47°01'48'' N„ longitude 122*31'38" W.; to is amended to read in part: overall size of the proposed restricted latitude 47*01'00'' N., longitude 122°31'37'' *Talkeetna, Alaska, LF/RBN; Summit, area will be reduced and the maximum W.; to latitude 47°00'42" N., longitude Alaska, LF/RBN; **10,000. *5,000— MCA altitudes and time of designation will 122*33'12" W.; to latitude 47°00'30'' N., Talkeetna LF/RBN, north-bound. remain the same as presently designated. longitude 122*33'16'' W.; to latitude * *8,300— MOCA. The overall result to the public will be a 47°00'00'' N., longitude 122°35'35" W.; to Summit, Alaska, LF/RBN; *Wolf INT, latitude 47*00'46" N„ longitude 122°34'48” Alaska; **9,500. *4,700— MCA W olf INT, release of restricted airspace. W.; to latitude 47°02'36'' N., longitude south-bound. * *8,700— MOCA. This reduction of restricted airspace 122*34' 48'' W.; to point of beginning. is a minor amendment in which the pub­ Designated altitudes.—Surface to 5,000 Section 95.1001 Direct routes— United lic is not particularly interested, there­ feet MSL. States is amended by adding: fore, notice and public procedure hereon Time of designation.— Continuous. Temple, Tex., VOR; Acton, Tex., VOR; *2,700. are unnecessary. In order to make the Controlling agency.— Federal Aviation Ad­ *2,100— MOCA. unneeded airspace available to the pub­ ministration, McChord approach control. Int. 058 rad Seal Beach VOR and 343 M lic as soon as possible, the amendment Using agency.— Commanding General, Fort rad Santa Ana VOR; Diamond INT, Calif.; may be effective in less than 30 days Lewis, Wash. *4,000. *3,500— MOCA. notice. 2. In § 73.67 (38 FR 675) the Fort Section 95.1001 Direct routes— United In consideration of the foregoing, part Lewis, Wash., restricted area Rr-6704 is States is amended to delete: 73 of the “Federal Aviation Regulations” revoked. is amended, effective upon publication in Jacksonville, Ha., VOR; Waverly INT, Ga.; *1,800. *1,300— MOCA. F ederal R egister (Sec. 307(a), Federal Aviation Act of 1958, the as hereinafter set Savannah, Ga., VOR; Browntown INT, Ga.; forth. 49 TT.S.C. 1348(a); sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c).) *2,000. *1,500— MOCA. In § 73.67 (38 FR 675), restricted area Browntown INT, Ga.; Waverly INT, Ga.; R-6703, Fort Lewis, Wash., is amended Issued in Washington, D.C., on May 23, *2,500. *1,300— MOCA. to read as follows: 1973. Section 95.1001 Direct routes— United i, R-6703 P ort L ew is, W a s h . H . B. H e ls t r o m , Chief, Airspace and Air States is amended to read in part: SUBAREA A Traffic Rules Division. * Homer, Alaska, LFR; Granite INT, Alaska, Boundaries via control 1218; **7,500. *5,000— MCA [FR Doe.73—11123 Filed 6-4^-73;8:45 am ] Homer LFR, southeast-bound. **7,300— Beginning at latitude 47°03'08" N., longi­ MOCA. tude 122*41'05'' W.; to latitude 47*04'35" N., longitude 122°41'05'' W.; to latitude SUBCHAPTER F—AIR TRAFFIC AND GENERAL Bahama Routes 47*04'42'' N., longitude 122°38'15" W.; to OPERATING RULES latitude 47°03'38'' N., longitude 122*35'36" [Reg. Docket No. 12860; Arndt. 95-233] Section 95.1001 Direct routes— United W.; to latitude 46°58'17" N., longitude States. 122*37'40'' W.; thence via the-Nisqually River PART 95— IFR ALTITUDES From; to; and M E A to point of beginning. Recent Changes and Additions 1 Lima la amended to read: Designated altitudes.— Surface to 14,000 Satellite, H a., NDB; »Coconut INT, Bh.; feet MSI*. The purpose of this amendment to **2,000. *11,400— MCA Coconut INT, Time of designation.— Continuous. part 95 of the “Federal Aviation Regu­ southeast-bound. **1,400— MOCA. Controlling agency.—Federal Aviation Ad­ lations” is to make changes in the IFR Coconut INT, Bh.; Grand Bahama, Bh. NDB; ministration, McChord approach control. altitudes at which all aircraft shall be 16,000. Using agency.— Commanding General, Fort flown over a specified route or portion Grand Bahama, Bh. NDB; *Deep Water INT, Lewis, Wash. thereof. These altitudes, when used in Bh.; 16,000. *15,000—MCA Deep Water INT, SUBAREA B conjunction with the current change­ northwest-bound. Boundaries over points^ for the routes or portions Deep Water INT, Bh.; Eleuthera, Bh. NDB; *2,000. *1,300— MOCA. Beginning at latitude 47°03'38'' N., longi­ thereof, also assure navigational cov­ Eleuthera, Bh. NDB; Int. 319 M rad from tude 122°35'36" W.; to latitude 47°02'36'' N., erage that is adequate and free of fre­ Grand Turk NDB and 126 M rad from longitude 122°34'48'' W.; to latitude quency interference for that route or Eleuthera NDB; *2,000. *1,300— MOCA. 47*00'46'' N., longitude 122*34'48" W.; to portion thereof. Int. 319 M rad from Grand Turk NDB and 126 latitude 47°00'00'' N., longitude 122°35'35'' As a situation exists which demands M rad from Eleuthera NDB; Abraham INT, W.; to latitude 46° 58'17” N., longitude immediate action in the interest of Bh.; *2,000. *1,200— MOCA. 122°37'40'' W.; to point of beginning. Abraham INT, Bh.; Grand Turk, Bh. NDB; Designated altitudes.— Surface to 5,000 feet safety, I find that compliance with the *2,000. *1,300— MOCA. MSL. notice and procedure provisions of the 6 Lima is amended to read: Time of designation.— Continuous. Administrative Procedure Act is imprac­ Rock Sound, Bh. NDB; Eleuthera, Bh. NDB; Controlling agency.— Federal Aviation Ad­ ticable and that good cause exists for *2,000. *1,400— MOCA. ministration, McChord approach control. making this amendment effective within Eleuthera, Bh. NDB; Malcolm INT, Bh., Using agency.— Commanding General, Fort less than 30 days from publication. *2,000. *1,400— MOCA. Lewis, Wash. In consideration of the foregoing and Malcolm INT, Bh.; Powell INT, Bh.; *2,000. SUBAREA o pursuant to the authority delegated to *1,100— MOCA. Boundaries me by the Administrator (24 FR 5662), Powell INT, Bh.; Bernini, Bh. NDB; *2,000. part 95 of the “Federal Aviation Regula­ *1,300— MOCA. Beginning at latitude 46°58'17" N., longi­ 7 Lima is amended to read: tude 122°37'40" W.; to latitude 46°54'35" N., tions” is amended, effective June 21, Nassau, Bh. NDB; Powell INT, Bh.; *2,000. longitude 122°41'25'' W.; to latitude 1973, as follows: *1,400— MOCA. 46°54'18" N., longitude 122°43'32" W.; to 1. By amending subpart C as follows: latitude 46°55'12" N„ longitude 122°44'30'' Powell INT, Bh.; High Rock INT, Bh.; *2,000. Section 95.115 Amber Federal airway *1,300— MOCA. W.; to latitude 47°03'08" N., longitude 15 is amended to read in part: 122°41'05'' W.; thence via the Nisqually River High Rock, INT, Bh.; Freeport, Bh. NDB; to point of beginning. From; to; and MEA. *2,000. *1,400— MOCA. Designated altitudes.— Surface to 14,000 Freeport, Bh. NDB; West End, Bh. NDB; Beaver INT, Alaska; *Chandalar Lake, Alaska, feet MSL. *2,000. *1,400— MOCA. LF/RBN; **7,000. *10,000— MCA Chanda- Time of designation.— Continuous. lar Lake LF/RBN, northwest-bound.' West End, Bh. NDB; Halibut INT, Bh.; *2,000. Controlling agency.—Federal Aviation Ad­ **6,900— MOCA. *1,300— MOCA. ministration, McChord approach control. Halibut INT, Bh.; Rubin, Ha. NDB; *2,000. Using agency.— Commanding General, Fort Section 95.227 Red Federal airway 27 *1,500— MOCA. Lewis, Wash. is amended to read: 8 Lima is amended to read:

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14746 RULES AND REGULATIONS

Plantation, Fla. NDB; Freeport, Bh. NDB; Humble, Tex., VOR via W alter.; Sheppard Palacios, Tex., VOR via N alter.; Rosenberg *2,000. *1,400— MOCA. INT, Tex., via W alter.; *1,700. *1,500— INT, Tex., via N alter.; *2,000. *1,400— Freeport, Bh.. NDB; Marsh Harbour, Bh. NDB; MOCA. MOCA. *2,000. *1,400— MOCA. Sheppard INT, Tex., via W alter.; *New Rosenberg INT, Tex., via N alter.; Houston, Marsh Harbour, Bh. NDB; Elbo XNT, Bh.; Waverly INT, Tex., via W alter.; **1,900. Tex, VOR via N alter.; 2,500. *2,000. *1,200— MOCA. *4,000— MRA. **1,500— MOCA. Houston, Tex., VOR via N alter.; Crosby INT, *New Waverly INT, Tex.; via W alter.; 10 Lima is amended to delete: Tex., via N alter.; 1,600. Lufkin, Tex., VOR via W alter.; **4,000. Crosby INT, Tex., via N alter.; Trinity INT, From; to; and ME A. *4,000— MRA. **1,700— MOCA. Tex., v ia N alter.; *1,600. *1,400— MOCA. Houston, Tex., VOR via E alter.; Crosby INT, Trinity INT, Tex., via N alter.; China INT, Portland, Fla. NDB; Grand Bahama, Bahama Tex., via E alter.; 1,600. Tex., via N alter.; *1,600. *1,400— MOCA. NDB; *2,000. *1,400— MOCA. Crosby INT, Tex., via E alter.; Daisetta, Tex., 20 Lima is added to read: China INT, Tex., via N alter.; Beaumont, Tex., VOR via E alter.; *1,600. *1,400— MOCA. Eleuthera, Bh. NDB; Malcolm INT, Bh.; VOR via N alter.; *1,600. *1,500— MOCA. Houston, Tex., VOR via S alter.; La Porte *2,000. *1,400— MOCA. Section 95.6013 VOR Federal airway 13 Malcolm INT, Bh.; Deep Water INT, Bh.; INT, Tex., via S alter.; 1,500. is amended to read in part: La Porte INT, Tex., via S alter.; Smith Point *2,000. *1,300— MOCA. Deep Water INT, Bh.; Freeport, Bh. NDB; Grantsburg, WLs., VOR; *Bamum INT, INT, Tex., via S alter.; *1,500. *1,100— MOCA. *2,000. *1,400— MOCA. Minn.; **3,300. **2,500— MOCA. MAA— Smith Point INT, Tex., via S alter.; Sabine Freeport, Bh. NDB; *Cooonut INT, Bh.; 10,000. Pass, Tex., VOR via S alter.; *1,500. *1,000— **2,000. *11,400— MCA Coconut INT, Barnum INT, Minn.; Duluth, Minn., VOR; MOCA. southeast-bound. **1,400— MOCA. 3.000. MAA— 10,000. Sabine Pass, Tex., VOR via S alter.; Lake Coconut INT, Bh.;-Satellite, Fla. NDB; *2,000. Charles, La., VOR via S alter.; *1.500. *1,400— MOCA. Section 95.6015 VOR Federal airway 15 is amended by adding: *1,300— MOCA. Puerto Rico Routes Houston, Tex., VOR; Humble, Tex., VOR; Section 95.6023 VOR Federal airway 23 Section 95.1001 Direct routes— United 2.000. is amended to read in part: States: Humble, Tex., VOR; Whitehall INT, Tex.; *1,900. *1,700— MOCA. From; to; and M E A. Route 3 is amended by adding: Whitehall INT, Tex.; Navasoto, Tex., VOR; Fort Jones, Calif., VOR via E alter.; Klam­ San Juan, P.R., VOR; «Martin INT, P.R.; *1,900. *1,600—MOCA. ath Junction INT, Oreg., via E alter.; **1,500. *2,500— MRA. **1,400— MOCA. *10,000. This airway segment not author­ Section 95.6015 VOR Federal airway 15 ized 0600—1400Z. *9,500— MOCA. Route 3 is amended to delete; is amended to delete: Klamath Junction INT, Oreg., via E alter.; San Juan, P.R., VORTAC; «Mangrove INT, Houston, Tex., VOR; Silver INT, Tex.; 2,000. ♦Medford, Oreg., VOR,via E alter.; north­ P.R.; **1,500. *2,500— MRA. **1,400— Silver INT, Tex.; Cypress INT, Tex.; *1,800. west bound, 8,000. Southeast bound, 10,000. MOCA. *1,600— MOCA. This airway segment not authorized 0600- Mangrove INT, PH .; * Marlin INT, P.R.; Cypress INT, Tex.; Navasota, Tex., VOR; 1400Z. *8,000— MCA Medford VOR south­ **1,500. *2,500— MRA. **1,400— MOCA. *1,900. *1,600— MOCA. east bound. Houston, Tex., VOR via E alter.; Humble, Fort Jones, Calif., VOR via W alter.; «Ham­ Section 95.6003 VOR Federal airway 3 Tex., VOR via E alter.; 2,000. burg INT, Calif., via W alter.; **10,000. is amended by adding : Humble, Tex., VOR via E alter.; Whitehall This airway segment not authorized 0600- Ipswich, INT, Mass.; Pease, N.H., VOR; *2,000. INT, Tex., via E alter.; *1,900. *1,700— 1400Z. *12,000— MRA. * *9,100—MOCA. *1,300— MOCA. MOCA. Course excursions may be experienced be­ Pease, N.H., VOR; ‘ Parsons INT, Maine; Whitehall INT, Tex., via E alter.; Navasota, tween 9NM and 19NM northwest of Fort **3,500. *5,000— MRA. **2,100— MOCA. Tex., VOR via E alter.; *1,900. *1,600— Jones VOR on V-23 and V-23W below 15,000 Parsons INT, Maine; Sebago INT, Maine; MOCA. m.s.l. *5,000. *3,500— MOCA. Hamburg INT, Calif., via W alter.; ♦Apple- Sebago INT, Maine; Augusta, Maine VOR; Section 95.6015 VOR Federal airway 15 gate INT, Oreg., via W alter.; **10,000. This *3,500. *3,000— MOCA. is amended to read in part: airway segment not authorized 0600-1400Z. *10,000— MRA. **9,100— MOCA. Section 95.6003 VOR Federal airway 3 From; to; and ME A. Sealy INT, Tex., via W alter.; Courtney INT, is amended to delete: Section 95.6039 VOR Federal airway 39 Tex., via W alter.; *3,500. *1,700—MOCA. is amended by adding: Ipswich INT, Mass.; Kennebunk, Maine, VOR; Courtney INT, Tex., via W alter.; College Concord, N.H., VOR; «Parsons INT, Maine; 2,500. Station, Tex., VOR via W alter.; *1,900. **3,500. *5,000— MRA. **2,900— MOCA. Kennebunk, Maine, VOR; Freeport INT, *1,800— MOCA. Maine; *2,400. *1,800— MOCA. Parsons INT, Maine; Sebago INT, Maine; Freeport INT, Maine; Augusta, Maine, VOR; Section 95.6016 VOR Federal airway 16 *5,000. *3,500— MOCA. 2,400. Sebago INT, Maine; Augusta, Maine, VOR; is amended to read in part: *3,500. *3,000— MOCA. Section 95.6007 VOR Federal airway 7 Knoxville, Tenn., VOR via S alter.; Potts Augusta, Maine, VOR; Corinth INT, Maine; is amended to read in part: INT, Tenn., via S alter.; *5,000. *4,100— *3,000. *1,700— MOCA. MOCA. Corinth INT, Maine; Millinocket, Maine, Creek INT, Fla., via W alter.; Marianna, Fla., VOR; *3,000. *2,400— MOCA. VOR via W alter.; *2,000. *1,600— MOCA. Potts INT, Tenn., via S alter.; ‘ Pittman INT, Tenn., via S alter.; 6,000. *8,000— MCA Section 95.6013 VOR Federal airway 13 Pittman INT, eastbound. Section 95.6039 VOR Federal airway 39 is amended by adding: is amended to delete: Section 95.6020 VOR Federal airway 20 From; to; and ME A. Concord, N.H., VOR; Kennebunk, Maine, is amended to delete: VOR; 3,000. Corpus Christ!, Tex., VOR; Woodsboro INT, Corpus Christi, Tex., VOR via N alter.; Kennebunk, Maine, VOR; Freeport INT, Tex.; *1,700. *1,500— MOCA. Woodsboro INT, Tex., via N alter.; *1,600. Maine; *2,400. *1,800— MOCA. Woodsboro INT, Tex.; «Austwell INT, Tex.; *1,500— MOCA. Freeport INT, Maine; Bangor, Maine, VOR; **1,700. *3,000— MRA. * *1,200— MOCA. *3,000. *2,700— MOCA. Austwell INT, Tex.; Palacios, Tex., VOR; Woodsboro INT, Tex,, via N alter.; *Austwell *1,700. *1,400— MOCA. INT, Tex., via N alter.; **1,700. *3,000— Bangor, Maine, VOR; Millinicket, Maine, Palados, Tex., VOR; Rosenberg INT, Tex.; MRA. **1,200— MOCA. VOR; *2,400. *1,700— MOCA. *2,000. *1,400— MOCA. Austwell INT, Tex., via N alter.; Palacios, Section 95.6067 VOR Federal airway 67 Rosenberg INT, Tex.; Humble, Tex., VOR; Tex., VOR via N alter.; *1,700. *1,400— 1,600. MOCA. is amended by adding: Humble, Tex., VOR via E alter.; Dayton INT, Palacios, Tex., VOR via S alter.; «Jones Creek From; to; and ME A Tex. via E alter.; *1,800. *1,600— MOCA. INT, Tex., via S alter.; **1,700. *2,500— Waterloo, Iowa, VOR via E alter.; Rochester Dayton INT, Tex.; via E alter.; Daisetta, Tex., MRA. **1,500— MOCA. Minn., VOR via E alter.; 3,600. VOR via E alter.; *1,800. *1,400— MOCA. *Jones Creek INT, Tex., via S alter.; Manvel INT, Tex., via S alter.; **1,800. *2,500— Section 95.6013 VOR Federal airway 13 Section 95.6069 VOR Federal airway 69 MRA. **1,300— MOCA. is amended to read in part: is amended to delete : Manvel INT, Tex., via S alter.; Houston, Houston, Tex., VOR; Humble, Tex., VOR; Tex., VOR via S alter.; *1,800. *1,400— Joliet, 111., VOR; Big Run INT, 111.; *2,500. 2,000. MOCA. *2,100— MOCA.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14747

Big Bun INT, 111.; Kedzie, I1U LF/RBN; Humble, Tex., VOR via N alters Sabine Pass Section 95.6477 VOR Federal airway *2,500. *2,000—MOCA. Tex., VOR via N alter.; 1,600. 477 is amended by adding : Section 95.6070 VOR Federal airway 70 Section 95.6198 VOR Federal airway Humble, Tex., VOR via W alter.; Whitehall is amended to ¡delete: 198 is amended to read in part: INT, Tex., via W alter.; *1,900. *1,700— MOCA. Sinclair INT, Tex.; Houston, Tex., VOR; 2,100. Palacios, Tex., VORTAC via N alter.; Rosen­ Whitehall INT, Tex., via W alter.; Navasota, berg INT, Tex., via N alter.; *2,000, *1,400— Section 95.6222 VOR Federal airway Tex., VOR via W alter.; *1,900. *1,600— MOCA. MOCA. Rosenberg INT, Tex., via N alter.; Humble, 222 is amended to read in part: Tex., VOR via N alter.; 1,600. Industry, Tex., VOR; Sealy INT, Tex.; *2,000. Section 95.6477 VOR Federal airway Humble, Tex., VOR via N alter.; Sabine Pass, *1,700— MOCA.. 477 is amended to delete: Tex., VOR via N alter.; 1,600. Sealy INT, Tex.; Franz INT, Tex.; *2,000. Houston,' Tex., VOR; Humble, Tex., VOR; *1,500— MOCA. Section 95.6070 VOR Federal airway 70 2,000. Franz INT, Tex.; Humble, Tex., VOR; *2,000. Houston, Tex., VOR via W alter.; Silver INT, is amended to read in part: *1,700— MOCA. Tex., via W alter.; 2,000. Palacios, Tex., VOR; Danbury INT, Tex.; Silver INT, Tex., via W alter.; Cypress INT, *1,800. *1,500— MOCA. Section 95.6243 VOR Federal airway 243 is amended to read in part: Tex., via W alter.; *1,800. *1,600— MOCA. Section 95.6076 VOR Federal airway 76 Cypress INT, Tex., via W alter.; Navasota, McMinnville INT, Tenn.; Hartsville INT, is amended to delete: Tex., VOR via W alter.; *1,900. *1,600— Tenn.; 6,000. MOCA. Houston, Tex., VOR; Scholes, Tex., VOR; Humble, Tex., VOR via E alter.; Sheppard 2,200. Section 95.6262 VOR Federal airway INT, Tex., via E alter.; *1,700. *1,500— 262 is amended to read in part: Section 95.6076 VOR Federal airway 76 MOCA. From; to; and ME A Sheppard INT, Tex., via E alter.; *New W a- is amended to read in part: verly INT, Tex., via E alter.; **1,900. Joliet, 111., VOR; Big Run INT, HI.; *2,500. Llano, Tex., VOR via N alter.; Markle INT, * 4,000— MRA. * * 1,500— MOCA. *2,100— MOCA. Tex., via N alter.; *3,000. *2,700— MOCA. New Waverly INT, Tex., via E alter.; Leona, Big Rim INT, HI.; Kedzie, HI., LF/RBN; Sinclair INT, Tex., via S alter.; Houston, Tex., Tex., VOR via E alter.; *2,000. *1,800— *2,500. *2,000— MOCA. VOR via S alter.; 2,100. MOCA. Section 95.6093 VOR Federal airway 93 Section 95.6306 VOR Federal airway Section 95.6500 VOR Federal airway is amended by adding: 306 is amended by adding: 500 is amended to read in part: Junction, Tex., VOR; Capitol INT, Tex.; Concord, N.H., VOR; Kennebunk, Maine, Gladstone INT, Oreg.; Squaw Mountain DME VOR; *3,000. *2,400— MOCA. *4,000. *3,300— MOCA. Fix, Oreg.; westbound, 7,200. eastbound, Capitol INT, Tex.; Austin, Tex., VOR; 3,000. Kennebunk, Maine, VOR; Razorville INT, 10,000. Maine; *4,000. *1,800— MOCA. Navasota, Tex., VOR via S alter.; Whitehall INT, Tex., via S alter.; *1,900. *1,600— Razorville INT, Maine; Bangor, Maine, VOR; Section 95.7048 Jet Route No. 48 is MOCA. *3,000. *2,700— MOCA. amended to read in part: Whitehall INT, Tex., via S alter.; Humble, Section 95.6093 VOR Federal airway 93 Tex., VOR via S alter.; *1,900. *1,700— From; to; M EA; and MAA is amended to delete: MOCA. Westminster, Md., VORTAC; Int. 051 M rad, Humble, Tex., VOR via S alter.; Dayton INT, Westminster VORTAC and 263 M rad Ken­ Concord, NJEI., VOR; Hiram INT, Maine; Tex., via S alter.; *1,800. *1,600— MOCA. nedy VORTAC; 18,000; 45,000. 4,000. Dayton INT, Tex., via S alter.; Daisetta, Tex., Int. 051 M rad Westmenster, VORTAC and Hiram INT, Maine; Augusta, Maine, VOR; VOR via S alter.; *1,800. *1,400— MOCA. 263 M rad, Kennedy VORTAC; Kennedy, 3,500. N.Y., VORTAC; 19,000; 45,000. Augusta, Maine, VOR; Bangor, Maine, VOR; Section 95.6306 VOR Federal airway Kennedy, N.Y., VORTAC; Int. 053 M rad *3,000. *2,700— MOCA. 306 is amended to read in part: Kennedy VORTAC and 267 M rad, Boston Section 95.6120 VOR Federal airway Elgin INT, Tex.; Courtney INT, Tex.; *2,500. VORTAC; 19,000; 45,000. 120 is amended by adding: *1,800— MOCA. Int. 053 M rad Kennedy, VORTAC and 267 Courtney INT, Tex.; Navasota, Tex., VOR; M rad, Boston VORTAC; Boston, Mass., From; To; and ME A *2,000. *1,800— MOCA. VORTAC; 18,000; 45,000. Mason City, Iowa, VOR via N alter.; Waterloo, Section 95.6408 Hawaii VOR Federal 2. By amending subpart D as follows: Iowa, VOR via N alter.; *3,000. *2,500— airway 8 is amended to read in part: Section 95.8003 VOR Federal airway MOCA. changeover points. Palmtree INT, Hawaii; Laau Pt. INT, Hawaii; Section 95.6148 VOR Federal airway 2 ,000 . From; to; changeover point distance from 148 is amended to read in part: Laau Pt. INT, Hawaii; Molokai, Hawaii, VOR; V-13 is amended by adding; Kiowa, Colo., VOR; Thurman, Colo., VOR; 3.500. Humble, Tex., VOR via E alter.j Daisetta, 7,900. Section 95.6411 Hawaii VOR Federal Tex., VOR via E alter.; 30; Humble. airway 11 is amended to read in part: V—13 is amended to delete: Section 95.6173 VOR Federal airway Houston, Tex., VOR; Daisetta, Tex., VOR 173 is amended to read in part: ♦Snapper INT, Hawaii; *‘Molokai, Hawaii, via E alter.; 26; Houston. Manteno INT, 111.; Big Run INT, 111.; *3,500. VOR; 7,000. *7,000—MCA Snapper INT, V—15 is amended to read in part: *2,100— MOCA. westbound. **5,000— MCA Molokai VOR, Humble, Tex., VOR; Navasota, Tex., VOR; eastbound. 30; Humble. Section 95.6180 VOR Federal airway Molokai, Hawaii, VOR; Laau INT, Hawaii; V-39 is amended by adding: 180 is deleted. 3.500. Augusta, Maine, VOR; Millinocket, Maine, Laau INT, • Hawaii; Palmtree INT, Hawaii; VOR; 47; Augusta. Section 95.6191 VOR Federal airway 2,000. V-180 is amended to delete: 191 is amended to read in part: Section 95.6448 VOR Federal airway San Antonio, Tex., VOR; Eagle Lake, Tex., Manteno INT, HI.; Big Run INT, HI.; *3,500. 448 is amended by adding: VOR; 68; San Antonio. *2,100— MOCA. V—306 is amended by adding: From; to; and MEA. Junction, Tex., VOR; Austin, Tex., VOR; 61; Section 95.6195 VOR Federal airway Junction. 195. ♦Yakima, Wash., VOR, via S alter.; Outlook INT, Wash., via S alter.; 5,000. *9,500— Austin, Tex., VOR; Navasota, Tex., VOR; 42; Austin. ♦Cordelia INT, Calif.; **Berryessa INT, Calif.; MCA Yakima VOR southwest-bound. . ***7,500. *5,000— MCA Cordelia INT, Outlook INT, Wash., via S alter.; Royal INT, Humble, Tex., VOR via S alter.; Daisetta, Northbound. **7,500— MCA Berryessa INT, Wash., via S alter.; 6,000. . Tex., VOR; via S alter.; 30; Humble. Southbound. ***5,000— MOCA. Navasota, Tex., VOR via S alter; Humble, Section 95.6448 VOR Federal airway Tex., VOR via S alter.; 30; Humble. Section 95.6198 VOR Federal airway 448 is amended to delete: V-477 is amended by adding: 198 is amended to delete: Humble, Tex., VOR via W alter.; Navasota, •Yakima, Wash., VOR via S alter.; IN T 108 M Tex., VOR via W alter.; 30; Humble. Eagle Lake, Tex., VOR via N alter.; Humble, rad Yakima VOR and 182 M rad Ephrata Tex., VOR via N alter.; *2,000. *1,600— VOR via S alter.; 6,000. *9,600— MCA Yak­ (Secs. 307,1110, Federal Aviation Act of 1958, MOCA. ima VOR, southwest-bound. 49 TJ.S.C. 1348, 1510.)

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14748 RULES AND REGULATIONS

Issued in Washington, D.C., on May 17, sidiary, division, or other device, in con­ [Docket No. C-2303] 1973. nection with the offering for sale, sale or PART 13— PROHIBITED TRADE F red O. W ieder, distribution of toy, gift, and hobby mer­ PRACTICES, AcUng Chief, chandise or any other products, in com­ Aircraft Programs Division. merce, as “commerce” is defined in the Excel Finance Baronne, Inc., et al. [F R Doc.73-11010 FUed 6-4-73;8:45 am ] Federal Trade Commission Act, do forth­ Subpart—Advertising falsely or mis­ with cease and desist from: leadingly: § 13.73, Formal regulatory Title 15— Commerce and Foreign Trade 1. Packaging said products in oversized and statutory requirements: 13.73-92 boxes or other containers so as to create Truth in Lending Act; §13.155, Prices: CHAPTER III— DOMESTIC AND INTERNA­ the appearance or impression that the 13.155-95 Terms and conditions; 13.155- TIONAL BUSINESS ADMINISTRATION, width or thickness or other dimensions 95(a) Truth in Lending Act, Subpart— DEPARTMENT OF COMMERCE or quantity of products contained in a Misrepresenting oneself and goods— PART 302— FOREIGN EXCESS PROPERTY box or container is appreciably greater Goods: § 13.1623, Formal regulatory and REGULATIONS than is the fact; but nothing in this or­ statutory requirements; 13.1623-95 Correction der shall be construed as forbidding re­ Truth in Lending Act—Prices: § 13.1823, spondents to use oversized containers if Terms and conditions: 13.1823-20, Truth In FR Doc. 73-8784 appearing at page respondents justify the use of such con­ in Lending Act. Subpart—Neglecting, 11068 in the issue for Friday, May 4, tainers as necessary for the efficient unfairly or deceptively, to make material 1973, the following changes should be packaging of the products contained disclosure: § 13.1852, Formal regulatory made: therein and established that respondents and statutory requirements; 13.1852-75, 1. The second line of § 302.2(g) which have made all reasonable efforts to pre­ Truth in Lending Act; § 13.1905, Terms reads “ (Form DIB-305, formerly Form vent any misleading appearance or im­ and conditions; 13.1905-60, Truth in FEPF-4) ” should read “ (Form DIB-303, pression from being created by such con­ Lending Act. formerly Form FEPF-2) ”. tainers; (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets 2. In the penultimate line of § 302.7 (c) 2. Providing wholesalers, retailers, or or applies sec. 5, 38 Stat. 719, as amended, 82 the word “of” should read “to”. other distributors o f said products with Stat. 146, 147; 15 U.S.C. 45, 1601-1605) 3. In the 18th line of § 302.14(b) the any means or instrumentality with which [Cease and desist order, Excel Finance Ba­ word “subsection” should read “para­ to deceive the purchasing public in the ronne, Inc., et al., New Orleans, La., docket graph”. \ manner described in paragraph (1) No. C-2393, April 27, 1973.] above. In the Matter of Excel Finance Baronne, Title 16— Commercial Practices I t is further ordered, That respond­ Inc., a Corporation and Excel Ba­ CHAPTER I— FEDERAL TRADE ents or their successors or assigns notify ronne Discount, Inc., a Corporation, COMMISSION the Commission at least 30 days prior to and Excel Finance Mid-City, Inc., any proposed change in any of the cor­ [Docket No. 0-2389] a Corporation', and Ideal Mortgage porate respondents such as dissolution, Corp., a Corporation, and X -L Fi­ PART 13— PROHIBITED TRADE assignment or sale resulting in the emer­ nance Co., Inc., a Corporation, and PRACTICES gence of a successor corporation, the A. J. Gumina, •Individually and as Activitoys, Ltd., and Victor Zimmerman creation or dissolution of subsidiaries or an Officer of said Corporations any other change in the corporate re­ Subpart—Furnishing means and in­ spondent which may affect compliance Consent order requiring a New Orleans, strumentalities of misrepresentation or obligations arising out of this order. La., finance company engaged in the deception: § 13.1055, Furnishing means business of lending money to the pub­ It is further ordered, That the individ­ and instrumentalities of misrepresenta­ lic and purchasing consumer credit sales ual respondent named herein promptly tion or deception; § 13.1057, Packaging contracts arranged by others, among notify the Commission of the discontin­ deceptively; 13.1057-40, Oversized con­ other things to cease violating thé Truth uance of his present business or employ­ in Lending Act by failing to disclose to tainers. Subpart—Misrepresenting one­ ment and of his affiliation with a new self and goods— Goods: § 13.1698, Pack­ consumers, in connection with the ex­ business or employment. Such notice tension of consumer credit, such infor­ aging deceptively; § 13.1720, quantity; shall include respondent’s current busi­ § 13.1743, Size or weight. mation as required by Regulation Z of ness address and a statement as to the the said act. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets nature of the business or employment in or applies sec. 5, 38 Stat. 719, as amended; which he is engaged as well as a descrip­ The order to cease and desist, including 15 U.S.C. 45) [Cease and desist order, Ac­ tion of his duties and responsibilities. further order requiring report of compli­ tivitoys, Ltd., et al., Jersey City, N.J., Docket ance therewith, is as follows: No. C—2389, Apr. 26,1973] I t is further ordered, That the re­ spondents distribute a copy of this order I t is ordered, That respondents Excel In the Matter of Activitoys, Ltd., a Cor­ to all firms and individuals involved in Finance Baronne, Inc., a corporation, poration, and Victor Zimmerman, the formulation or implementation of Excel Baronne Discount, Inc., a corpora­ Individually and as an Officer of respondents’ business policies, and all tion, Excel Finance Mid-City, Inc., a cor­ Said Corporation firms and individuals engaged in the ad­ poration; Ideal Mortgage Corp., a corpo­ ration; X -L Finance Company, Inc., a Consent order requiring a Jersey City, vertising marketing, or sale of respond­ ents’ products. corporation, and respondent A. J. Gu­ N.J., manufacturer of toy, gift, and hobby mina, individually and as an officer of products, among other things, to cease I t is further ordered, That the re­ respondent corporations, and their suc­ deceptively packaging them, and pro­ spondents herein shall, within 60 days cessors and assigns and respondents’ of­ viding others with means of deceiving the after service upon them of this order ficers, agents, representatives and em­ purchasing public. . file with the Commission a report in ployees, directly or through any corpora­ The order to cease and desist, includ­ writing setting forth in detail the man­ tion subsidiary, division or other device, ing further order requiring report of ner and form in which they have com­ in connection with the extension of con­ compliance therewith is as follows: plied with this order. sumer credit as “consumer credit” is de­ fined in Regulation Z (12 CFR pt. 226) It is ordered, That respondent Activi­ Issued April 26, 1973. toys, Ltd., a corporation, and its officers, of the Truth in Lending Act (Public Law and Victor Zimmerman, individually By the Commission. 90-321, 15 U.S.C. 1601 et seq.), do forth­ and as an officer of said corporation, and with cease and desist from : respondents’ agents, representatives, [ s e a l ! C h a r le s A. T o b in , L Failing to describe the type of any Secretary. employees, successors, and assigns, di­ security interest held or to be retained rectly or through any corporation, sub­ [F R Doc.73-11142 Filed 6-4-73;8:45 am] or acquired by the creditor in connection

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14749

with the extension of credit, as required forth in detail the nature and form of ered the fabrics and/or products which by § 226.8(b) (5) of Regulation Z. their compliance with this order. gave rise to the complaint, of the flam­ mable nature of said fabrics and/or prod­ 2. Failing to use the term “cash price,” Issued April 27, 1973. as defined in §226.2(1), to describe the ucts and effect the recall of said fabrics purchase price of the merchandise in a By the Commission. and/or products from such customers. I t is further ordered, That the respon­ credit sale transaction, as required by [ s e a l ] V ir g in ia M . H a r d in g , § 226.8(c) (1) of Regulation Z. Acting Secretary. dents herein either process the fabrics 3. Failing in any transaction whieh re­ and/or products which gave rise to the spondents retain or acquire a security [FR Doc.73-11159 Filed 6-4-73:8:45 am] complaint so as to bring them into con-, interest in real property which is used or formance with the applicable standard is expected to be used as the principal [Docket No. C-23951 of flammability under the Flammable residence of the customer, including any Fabrics Act, as amended, or destroy said transaction required by § 226.8(j) of Reg-» PART 13— PROHIBITED TRADE fabrics and/or products, subsidiaries or ulation Z to be treated as a new trans­ PRACTICES any other change in the corporation action, to Leron, Inc., and Norman D. Forster which may affect compliance obligations (a) Provide each custom«*, as defined Subpart—Importing, manufacturing, arising out of this order. in §§ 226.2(o) and 226.9(f) of Regulation selling, or transporting flammable wear: I t is further ordered, That the individ­ Z who has the right provided by § 226.9 § 13.1060 Importing, manufacturing, sell­ ual respondent named herein promptly of Regulation Z to rescind the transaction ing, or transporting flammable wear: notify the Commission of the discontinu­ with two copies of notice of right to re­ ance of his present business or employ­ scind in the form required by § 226.9(b) (Sec. 6, 38 Stat. 721; 15 V.S.C. 46. Interpret ment and* of his affiliation with a new of Regulation Z, which notice shall iden­ or apply sec. 5, 38 Stat. 719, as amended, 67 business or employment. Such notice Stat. I l l , as amended; 15 U.S.C. 45, 1191) tify the transaction to which the right to [Cease and desist order, Leron, Inc., et al„ shall include respondent’s current busi­ rescind relates as fequired by § 226.9(b) New York, N.Y., docket No. C-2395, May 1, ness address and a statement as to the of Regulation Z prior to the consumma­ 1973] nature of the business or employment in tion of the transactions. which he is engaged as well as a descrip­ (b) Provide each customer, who has In the Matter of Leron, Inc., a Corpora­ tion of his duties and responsibilities. the right provided by § 226.9(a) of Reg­ tion, and Norman D. Forster, Indi­ It is further ordered, That the respond­ ulation Z to rescind the transaction with vidually and as an Officer of Said ent corporation shall forthwith distrib­ a copy of all disclosures required by Corporation ute a copy of this order to each of its §226.8 thereof, as required by § 226.6(e) Consent order requiring a New York operating divisions. of Regulation Z prior to the consumma­ City retailer and manufacturer of wom­ It is further ordered, That respond­ tion of the transaction. en’s apparel, linens, and fabrics, among ents shall, within 60 days after service 4. Failing in any consumer credit other things to cease manufacturing for upon them of this order, file with the transaction or advertisement, to make all sale, selling, importing, or distributing Commission a report in writing, setting disclosures, determined in accordance any product, fabric, or related material forth in detail the manner and form in with §§ 226.4 and 226.5 of Regulation Z, which fails to conform to an applicable which they have complied with the order at the time and in the manner, form and standard of flammability or regulation to cease and desist contained herein. amount required by §§ 226.6, 226.7, 226.8, issued under the provisions of the Flam­ Issued May 1,1973. 226.9, and 226.10 of Regulation Z. mable Fabrics Act, as amended. It is further ordered, That respondents The order to cease and desist, includ­ By the Commission. shall prominently display no less than ing further order requiring report of [ s e a l ] C h a r le s A . T o b in , two signs on each premise or place at compliance therewith, is as follows: Secretary. which they do business, which will It is ordered, That the respondent clearly and conspicuously state that a Leron,-Inc., a corporation, its successors [FR Doc.73-11141 Filed 6-4-73;8:45 am] customer must receive a complete copy and assigns, and its officers, and Norman of the consumer credit cost disclosures, D. Forster, individually and as an officer [Docket No. C-2384] as required by the Truth in Lending of said* corporation, and respondents’ Act, in any transaction which is financed, representatives, agents and employees, PART 13— PROHIBITED TRADE before the transaction is consummated. directly or through any corporation, sub­ PRACTICES It is further ordered, That respondents sidiary, division, or other device, do Mark Home Furniture Co., et al. deliver a copy of this order to cease and forthwith cease and desist from manu­ Subpart—Advertising falsely or mis­ desist to all present and future person­ facturing for sale, selling, offering for nel of respondents engaged in the con­ leadingly: § 13.73, Formal regulatory and sale, in commerce, or importing into the and statutory requirements: 13.73-92, summation of any extension of consumer United States, or introducing, delivering Truth in Lending Act; § 13.155, Prices: credit or in any aspect of preparation, for introduction, transporting, or causing creation or placing of advertising, and 13.155-95, Terms and conditions; 13.155- to be transported in commerce, or selling 95(a) Truth in Lending Act. Subpart— that respondents secure a signed state­ or delivering after sale or shipment in Misrepresenting oneself and goods— ment acknowledging receipt of said order commerce, any product, fabric or related Goods: § 13.1623, Formal regulatory and from each such person. material; or manufacturing for sale, sell­ It is further ordered, That respondents statutory requirements: 13.1623-95, ing or offering for sale, any product Truth in Lending Act— Prices: § 13.1823, notify the Commission at least 30 days made of fabric or related material which Prior to any proposed change in re­ Terms and conditions: 13.1823-20, Truth has been shipped or received in com­ in Lending Act. Subpart—Neglecting, spondents’ business such as dissolution, merce as “commerce” , “product” , “fab­ unfairly, or deceptively, to make mate­ assignment or sale resulting in the ric” and “ related material” are defined rial disclosure: § 13.1852, Formal regu­ emergence of a successor business, cor­ in the Flammable Fabrics Act, as latory and statutory requirements: poration, or otherwise, the creation of amended, which product, fabric, or re­ 13.1852-75, Truth in Lending Act. subsidiaries, or any other change which lated material fails to conform to an § 13.1905, Terms and conditions: 13.1905- may affect compliance obligations aris­ applicable standard or regulation issued, 60, Truth in Lending Act. ing out of this order. amended or continued in effect, under (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret It is further ordered, That respondents the provisions of the aforesaid act. or apply sec. 5, 38 Stat. 719, as amended, 82 herein shall, within 60 days after service I t is further ordered, That respondents Stat. 146, 147; 15 U.S.C. 45, 1601-1605) [Cease upon them of this order, file with the and desist order, Mark Home Furniture Co., notify all of their customers who have et al., Baltimore, Md., docket No. C-2384, Commission a report in writing setting purchased or to whom have been deliv- April 20,1973]

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In the Matter of Mark Home Furniture credit sale, as required by § 226.8(c) (2) [Docket No. C-2390] Co., a Corporation, Trading and of regulation Z. PART 13— PROHIBITED TRADE Doing Business as Central Home 10. Failing to accurately disclose the PRACTICES Furnishers, and Morton Miller and amount of the downpayment, as required Ervin Miller, Individually and as by § 226.8(c)(2) of regulation Z. Wilson P. Abraham Construction Corp., and Officers of Said Corporation 11. Failing to use the term “ unpaid bal­ Wilson P. Abraham ance of cash price” to describe the dif­ Subpart—Advertising falsely or mis­ Consent order requiring a Baltimore, Md., furniture retailer, among other ference between the cash price and the leadingly: § 13.73, Formal regulatory and things to cease violating the Truth in total downpayment, as required by statutory requirements: 13.73-92, Truth § 226.8(c) (3) of regulation Z. Lending Act by failing to disclose to in Lending Act; § 13.155, Prices: 13.155- 12. Failing to use the term “ amount consumers, in connection with the ex­ 95, Terms and conditions; 13.155-95(a), tension of consumer credit, such infor­ financed” to describe the amount of Truth in Lending Act. Subpart—Mis­ credit extended, as required by § 226.8(c) representing oneself and goods— Goods: mation as required by regulation Z of (7) of regulation Z. § 13.1623, Formal regulatory and statu­ the said act. 13. Failing to accurately disclose the The order to cease and desist, includ­ tory requirements: 13.1623-95, Truth in ing further order requiring report of amount financed, as required by § 226.8 Lending Act; —Prices': § 13.1823, Terms (c) (7) of regulation Z. and conditions: 13.1823-20, Truth in compliance therewith, is as follows: 14. Failing to disclose the sum of the I t is ordered, That respondents Mark Lending Act. Subpart— Neglecting, un­ cash price, all charges which are included fairly or deceptively, to make material Home Furniture Co., a corporation, trad­ in the amount financed but which are not ing and doing business as Central Home disclosure: § 13.1852, Formal regulatory part of the finance charge, and the fi­ and statutory requirements: 13.1852-75 Furnishers, or under any other name or nance charge, and to describe that sum names, its successors and assigns, and Truth in Lending Act; § 13.1905, Terms as the “deferred payment price,” as re­ and conditions; 13.1905-60, Truth in its officers, and Morton Miller, and Ervin quired by § 226.8(c) (8) (ii) of regula­ Lending Act. Miller, individually and as officers of tion Z. said corporation, and respondents’ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 15. Failing in any consumer credit or apply sec. 5, 38 Stat. 719, as amended, 82 agents, representatives and employees, transaction or advertising to make all directly or through any corporation, sub­ Stat. 146,147; 15 U.S.C. 45, 1601-1605.) [Cease disclosures determined in accordance and desist order, Wilson F. Abraham Con­ sidiary, division, or other device, in con­ with §§ 226.4 and 226.5 of regulation Z, at struction Corp., et al., New Orleans, La., nection with any extension of consumer the time and in the manner, form, and docket No. C-2390, April 26,1973.] credit or advertisement to aid, promote, amount required by §§ 226.6, 226.7, 226.8, or assist directly or indirectly any ex­ In the Matter of Wilson P. Abraham and 226.10 of regulation Z. Construction Corp., a Corporation, tension of consumer credit, as “ consumer I t is further ordered, That respondents credit” and “ advertisement” are defined and Wilson P. Abraham, Individually deliver a copy of this order to cease and and as an Officer of Said Corporation in regulation Z (12 CFR pt. 226) of the desist to all present and future person­ Truth in Lending Act (Public Law 90- nel of respondents engaged in the con­ Consent order requiring a New Or­ 321,15 U.S.C. 1601 et seq.), do forthwith summation of any extension of consumer leans, La., real estate developer, among cease and desist from: credit or in any aspect of the prepara­ other things to cease violating the Truth 1. Failing to disclose the annual per­ tion, creation, or placing of advertising, in Lending Act by failing to disclose to centage rate with an accuracy of one- and that respondents secure a signed consumers, in connection with the exten­ fourth of 1 percent computed in accord­ statement acknowledging receipt of said sion of consumer credit, such information ance with § 226.5(b) of regulation Z, as order from each such person. as required by regulation Z of the said required by § 226.8(b) (2) of regulation It is further ordered, That the individ­ act. Z. ual respondents named herein promptly The order to cease and desist, includ­ 2. Failing to disclose the number of notify the Commission of the discontin­ ing further order requiring report of payments scheduled to repay the indebt­ uance of their present business or em­ compliance therewith, is as follows: edness, as required by § 226.8(b) (3) of ployment and of their affiliation with a It is ordered, That respondents Wilson regulation Z. new business or employment. Such notice P. Abraham Construction Corp., a cor­ 3. Failing to disclose the due dates of shall include respondents’ current busi­ poration, and Wilson P. Abraham, indi­ payments scheduled to repay the in­ ness address and a statement as to the vidually and as an officer of said debtedness, as required by § 226.8(b) (3) nature of the business or employment corporation, its successors and assigns, of regulation Z. in which they are engaged as well as and respondents’ officers, agents, repre­ 4. Failing to use the term “total of a description of their duties and sentatives, and employees, directly or payments” to describe the sum of the responsibilities. through any corporation, subsidiary, di­ payments scheduled to repay the indebt­ vision or other device, in connection with edness, as required by § 226.8(b) (3) of I t is further ordered, That the respond­ ents herein shall, within 60 days after any extension or arrangement for the regulation Z. extension of consumer credit, or .any 5. Failing to accurately disclose the service upon them of this order, file with the Commission a report in writing, set­ advertisement to aid, promote or assist, total of payments, as required by § 226.8 directly or indirectly, any extension of (b) (3) of regulation Z. ting forth in detail the manner and form in which they have complied with this consumer credit, as “ consumer credit” 6. Failing to describe the type of any order. and “ advertisement” are defined in security interest held or to be retained or regulation Z (12 CFR pt. 226) of the acquired by the creditor in connection I t is further ordered, That respondents Truth In Lending Act (Public Law 90- with the extension of credit, as required notify the Commission at least 30 days 321, 15 U.S.C. 1601 et seq.), do forthwith by § 226.8(b) (5) of regulation Z. prior to any proposed change in respond­ ents’ business such as dissolution, as­ cease and desist from: 7. Failing to identify the method of 1. Stating in an advertisement, other signment or sale resulting in the emer­ than an advertisement to aid, promote, computing any unearned portion of the gence of a successor business, corporate, finance charge in the event of prepay­ or assist directly or indirectly the sale or otherwise, the creation of subsidiaries of residential real estate under title II, ment of the obligation, as required by or any other change which may affect § 226.8(b) (7) of regulation Z. section 235 of the National Housing Act compliance obligations arising out of this (12 U.S.C. 1715 Z), the amount of the 8. Failing to use the term “ cash price,” order. as defined in § 226.2(i) of regulation Z, downpayment required or that no down- to describe the purchase price of the Issued April 20,1973. payment is required, the amount of any goods, as required by § 226.8(c) (1) of By the Commission. installment payment, the dollar amount regulation Z. ©f any finance charge, the number of in­ [ seal] Charles A. T obin, stallments or the period of repayment, 9. Failing to use the term “ cash down- Secretary. payment” to describe the downpayment or that there is no charge for credit, in money made in connection with the [FR DOC.73-11160 Filed 6-4-73:8:45 am ] without also stating all of the following

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14751

items, in terminology prescribed under desist to all present and future personnel alphabetically inserting in the List of § 226.8 of regulation Z, as required by of respondents engaged in the consum­ substances a new item as follows: § 226.10(d) (2) thereof: mation of any extension of consumer §. 121.2526 Components of paper and (i) The cash price. credit or in any aspect of preparation, paperboard in contact with aqueous (ii) The amount of the downpayment creation or placing of advertising, and and fatty foods. required or that no downpayment is re­ that respondents secure a signed state­ * * ♦ ♦ 4s quired, as applicable. ment acknowledging receipt of said or­ (iii) The number, amount, and due der from each such person. (a) * * * dates or period of payments scheduled It is further ordered, That respond­ (5) * * * to repay the indebtedness if the credit is ents notify the Commission at least 30 List of substances Limitations extended. days prior to any proposed change in the (iv) The amount of the finance charge corporate respondent, such as dissolution, * * * » * * expressed as an annual percentage rate. assignment or sale, resultant in the Acrylonitrile polymer For use only as a (v) Except in the case of the sale of emergence of a successor.corporation, the with styrene, reaction sizing material product with ethyl­ at a level not to a dwelling or a loan secured by a first creation or dissolution of subsidiaries, or enediamine, acetate exceed 0.25 per­ lien on a dwelling to purchase that dwell­ any other change in the corporation having a nitrogen cent by weight ing, the deferred payment price or the which may affect compliance obligations content of 7.4-8.3 per­ of dry paper and sum of the payments, as applicable. arising out of the order. cent (Kjeldahl dry paperboard. 2. Advertising to aid, promote, or as­ I t is further ordered, That the individ­ basis) and containing sist directly or indirectly the sale of resi­ ual respondent named herein promptly no more than 0.25 dential real estate under title II, section notify the Commission of the discontinu­ percent monomer as 235, of the National Housing Act (12 ance of his present business or employ­ ethylenediamine. U.S.C. 1715Z) without clearly identify­ ment and of his affiliation with a new * * * * * • ing those credit terms which apply to business or employment. Such notice Any person who will be adversely af­ said assistance program, as required by shall include respondent’s current busi­ fected by the foregoing order may at any § 226.10(e) of regulation Z. ness address and a statement as to the time on or before July 5, 1973, file with 3. Stating in an advertisement to aid, nature of the business or employment in the Hearing Clerk, Department of promote, or assist directly or indirectly which he is engaged as well as a descrip­ Health, Education, and Welfare, room the sale of residential real estate under tion of his duties and responsibilities. 6-88, 5600 Fishers Lane, Rockville, Md. title IT, section 235, of the National It is further ordered, That respondents 20852, written objections thereto. Objec­ Housing Act (12 U.S.C. 1715Z) : shall, within 60 days after service upon tions shall show wherein the person fil­ (a) The amount of any payment them of this order, file with the Commis­ ing will be adversely affected by the scheduled to repay the indebtedness sion a report in writing setting forth, in order, specify with particularity the pro­ without stating the family size and in­ detail, the manner and form in which visions of the order deemed objection­ come level applicable to that amount, they have complied with the order to able, and state the grounds for the as required by §226.10 (e) of regulation Z. cease and desist contained herein. objections. I f a hearing is requested, the (b) The amount of the downpayment objections shall state the issues for the required or that no downpayment is re­ Issued April 26,1973. hearing, shall be supported by grounds quired, the amount of any installment By the Commission. factually and legally sufficient to justify payment, the dollar amount of any fi­ the relief sought, and shall include a nance charge, the number of install­ [ s e a l] C h ar les A. T o b in , detailed description and analysis of the ments or the period of repayment, or Secretary. factual information intended to be pre­ that there is no charge for credit with­ [FR Doc.73-11161 Filed 6-4-73;8:45 am] sented to support of the objections in the out stating all of the following items in event a hearing is held. Objections may terminology prescribed under § 226.8 of Title 21— Food and Drugs be accompanied by a memorandum or regulation Z, as required by § 226.10(d) brief in support thereof. Six copies of CHAPTER I— FOOD AND DRUG ADMINIS­ all documents shall be filed. Received and (e) of regulation Z: TRATION, DEPARTMENT OF HEALTH, (i) The cash price or the amount of EDUCATION, AND WELFARE objections may be seen in the above office the loan, as applicable. during working hours, Monday through (ii) The amount of the downpayment SUBCHAPTER B— FOOD AND FOOD PRODUCTS Friday. required or that no downpayment is re­ PART 121— FOOD ADDITIVES Effective date.—This order shall be­ quired, as applicable. Subpart F— Food Additives Resulting From come effective on June 5, 1973. (iii) The number, amount, and due Contact With Containers or Equipment dates or period of payments scheduled (Sec. 4 0 9 (c)(1), 72 Stat. 1786; 21 U.S.C. 348 and Food Additives Otherwise Affecting (c )(1 ).) to repay the indebtedness if the credit is Food extended. Dated May 29, 1973. (c) Any rate of a finance charge, or C o m p o n e n t s o p P aper an d P aperboard S a m D. F i n e , the amount of the finance charge, ex­ i n C o n t a c t W it h A q u e o u s a n d F a t t y F oods Associate Commissioner for pressed as an 'annual percentage rate Compliance. based on the assistance, prohibited by The Commissioner of Food and Drugs, § 226.10(e) of regulation Z. . having evaluated the data in two pe­ [FR Doc.73-11132 Filed 6-4-73:8:45 am] 4. Stating, in contravention to titions (FAP 2B2748 and FAP 2B2768) § 226.10(a) (2) of regulation Z, in any filed by American Cyanamid Co., Wayne, PART 121— FOOD ADDITIVES advertisement, that no downpayment or N.J. 07470, and other relevant material, that a specified downpayment will be ac­ concludes that the food additive regu­ Subpart F— Food Additives Resulting From cepted in connection with any extension lations should be amended, as set forth Contact With Containers or Equipment of credit, unless the creditor usually and and Food Additives Otherwise Affecting below, to provide for the safe use of Food customarily accepts or will accept down- acrylonitrile polymer with styrene, re­ payments in that amount. action product with ethylenediamine, S a n it iz in g S o l u t io n s 5. Failing, in any consumer credit acetate as a sizing material in paper and The Commissioner of Food and Drugs, transaction or advertising, to make all paperboard intended for use in contact having evaluated data in a petition (FAP disclosures, determined in accordance with food. 2H2741) filed by Economics Laboratory, with §§ 226.4 and 226.5 of regulation Z, Therefore, pursuant to provisions of Inc., Osborn Building, St. Paul, Minn. at the time and in the manner, form and the Federal Food, Drug, and Cosmetic amount required by §§ 226.6, 226.7, 226.8, Act (sec. 409(c)(1), 72 Stat. 1786; 21 55102, and other relevant material, con­ 226.9, and 226.10 of regulation Z. U.S.C. 348(c)(1)) and under authority cludes that the food additive regulations It is further ordered, That respondents delegated to the Commissioner (21 CFR should be amended, as set forth below, deliver a copy of this order to cease and 2.120), § 121.2526(a) (5) is amended by to provide for the safe use of an aqueous

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14752 RULES AND REGULATIONS

solution containing iodine, butoxy mono­ ular weight of 2,400, and a-lauroyl- jections shall show wherein the person ether of mixed (ethylene-propylene) oweflfa-hydroxypoly (oxyethylene) with filing will be adversely affected by the polyalkylene glycol, and polyoxyethyl- an average 8-9 moles of ethylene oxide order, specify with particularity the pro­ ene-polyoxypropylene block polymers for and an average molecular weight of 400. visions of the order deemed objection­ sanitizing food-processing equipment In addition to use on food-processing able, and state the grounds for the ob­ and utensils that contract food. equipment and utensils, this solution may jections. If a hearing is requested, the For the purpose of clarification and be used on beverage containers, including objections shall state the issues for- the in response to inquiries received, the milk containers or equipment. Rinse hearing, shall be supported by grounds Commissioner further concludes that water treated with this solution can be factually and legally sufficient to justify editorial changes should be made in recirculated as a preliminary rinse. It is the relief sought, and shall include a de­ § 121.2547 (21 CFR 121.2547) to indicate not to be used as final rinse. tailed description and analysis of the clearly the intent of the regulation to * * * * * factual information intended to be pre­ authorize in all the sanitizing solutions sented in support of the objections in the listed therein the use of substances gen­ (10) An aqueous solution containing event that a hearing is held. Objections erally recognized as safe, and substances trichloromelamine and either sodium may be accompanied by a memorandum which are permitted by prior sanction or lauryl sulfate or dodecylbenzenesulfonic or brief in support thereof. Six copies of approval. acid. In addition to use oh food-process­ all documents shall be filed. Received Therefore, pursuant to provisions of ing equipment and utensils and other objections may be seen in the above office the Federal Food, Drug, and Cosmetic food-contact articles, this solution may during working hours, Monday through Act (sec. 409(c)(1), 72 Stat. 1786; 21 be used on beverage containers except Friday. U.S.C. 348(c)(1)) and under authority milk containers or equipment. delegated to the Commissioner (21 CFR (11) An aqueous solution containing Effective date.—This order shall be­ 2.120), § 121.2547 is amended in para­ equal amounts of n-alkyl (Ci2-CM) benzyl come effective on June 5,1973. graph (b) by revising the opening text, dimethyl ammonium chloride and n- (Sec. 4 0 9(c)(1), 72 Stat. 1786; 21 U.S.C. by revising subparagraphs (3), (4), (5), alkyl (Ciir-Cii) dimethyl ethylbenzyl am­ 348(c)(1).) ' monium chloride (having an average (6), (7), (8), (10), (11), C12), and (13), Dated: May 29,1973. and by adding a new subparagraph (14), molecular weight of 384). In addition to and in paragraph (c) by revising sub- use on food-processing equipment and S a m D . F in e , paragraph (4), as follows: utensils, this solution may be used on Associate Commissioner for food-contact surfaces in public eating Compliance. §121.2547 Sanitizing solutions. places. [FR Doo.73—11134 Filed 6-4-73;8:45 am] * * * * * (12) An aqueous solution containing (b) The solutions consist of one of thethe sodium salt of sulfonated oleic acid, polyoxyethylene-polyoxypropylene block SUBCHAPTER F—REGULATIONS UNDER SPE­ following, to which may be added com­ CIFIC ACTS OF CONGRESS OTHER THAN THE ponents generally recognized as safe and polymers (having an average molecular FOOD, DRUG, AND COSMETIC ACT weight of 2,000 and 27 to 31 moles of components which are permitted by prior PART 273— BIOLOGIC PRODUCTS sanction or approval. polyoxypropylene). In addition to use on * * * * * food-processing equipment and utensils, PART 278— REGULATIONS FOR THE AD­ this solution may be used on glass bottles MINISTRATION AND ENFORCEMENT OF (3) An aqueous solution containing po­ and other glass containers intended for THE RADIATION CONTROL FOR HEALTH tassium iodide, sodium p-toluenesulfon- holding milk. All equipment, utensils, AND SAFETY ACT OF 1968 chloramide, and sodium lauryl sulfate. glass bottles, and other glass containers 7 CFR Correction (4) An aqueous solution containing treated with this sanitizing solution shall iodine, butoxy monoether of mixed (eth­ have a drainage period of 15 minutes In title 21, parts 170 to 299, of the ylene-propylene) polyalkylene glycol prior to use in contact with food. Code of Federal Regulations, revised as having a cloudpoint of 90° C.-100* C. in (13) An aqueous solution containing of April 1, 1973, parts 273 and 278 of 0.5 percent aqueous solution and an av­ elemental iodine and alkyl (Ciz-Cw) subchapter F appear in error under sub­ erage molecular weight of 3,300, ethylene monoether of mixed (ethylene-propyl­ chapter E in the table of contents and glycol monobutyl ether, and diethylene ene) polyalkylene glycol, having a cloud- in the text. glycol monoethyl ether. point of 70*C-77*C in 1 percent aque­ (5) An aqueous solution containing ous solution and an average molecular Title 40— Protection of Environment elemental iodine, hydriodic acid, isopro­ weight of 807. CHAPTER I— ENVIRONMENTAL pyl alcohol, «-(p-nonylphenyl) -omega- (14) An aqueous solution containing PROTECTION AGENCY hydroxypoly(oxy ethylene) (complying iodine, butoxy monoether of mixed (eth­ SUBCHAPTER C— AIR PROGRAMS with the identity prescribed in § 121.2541 ylene-propylene) polyalkylene glycol, (c) and having a maximum average mo­ PART 52— APPROVAL AND PROMULGA­ having a cloud-point of 90°C-100°C in TION OF IMPLEMENTATION PLANS lecular weight of 748) and/or polyoxy- 0.5 percent aqueous solution and an aver­ ethylene-polyoxypropylene block poly­ age molecular weight of 3,300, and poly­ Delaware Plan Revisions; Approval mers (having a minimum average molec­ oxyethylene - polyoxypropylene block On May 31, 1972 (37 FR 10842), pur­ ular weight of 1,900). polymers (having a minimum average suant. to section 110 of the Clean Air (6) An aqueous solution containing molecular weight of 2,000). Act, as amended, and 40 CFR part 51, the elemental iodine, sodium iodide, sodium (c) * * * Administrator approved, with specific dioctylsulfosuccinate, and polyoxyethyl- (4) Solutions identified in paragraphs exceptions, the Delaware plan for im­ ene-polyoxypropylene block polymers (b) (4), (5), (6), (8), (13), and (14) of plementation of the national ambient (having a minimum average molecular this section will contain iodine to provide air quality standards. On July 27, 1972 weight of 1,900). not more than 25 parts per million of (37 FR 15080), and September 22, 1972 (7) An aqueous solution containing titratable iodine. The adjuvants used (37 FR 19806), the Administrator ap­ dodecylbenzenesulfonic acid, polyoxyeth­ with the iodine will not be in excess of proved additional portions of the Dela­ ylene-poly oxypropylene block polymers the minimum amounts required to ac­ ware plan based on supplemental infor­ (having a minimum average molecular complish the intended technical effect. mation submitted by the State correcting weight of 2,800). In addition to use on the déficiences identified on May 31. food-processing equipment and utensils, 4c 4> . 4c 4c 4c On May 23, 1973 (38 FR 13561), the this solution may be used on glass bottles Any person who will be adversely af­ Administrator approved a change in the and other glass containers intended for fected by the foregoing order may at any date for attainment of the national sec­ holding milk. time on or before July 5, 1973, file with ondary sulfur dioxide standard ih the (8) An aqueous solution containing the Hearing Clerk, Department of Delaware portion of the Metropolitan elemental iodine, butoxy monoether of Health, Education, and Welfare, room 6- Philadelphia Interstate Air Quality Con­ mixed (ethylene-propylene) polyalkylene 88, 5600 Fishers Lane, Rockville, Md. trol Region from January 1973 to Janu­ glycol having a minimum average molec­ 20852, written objections thereto. Ob­ ary 1974.

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14753

Delaware submitted, after notice and and for making them effective immedi­ In consideration of the foregoing, 49 public hearing, a compliance schedule ately upon publication for the following CFR § 571.122, Motor Vehicle Safety for the Delmarva Power and Light Co. reasons: Standard No. 122, is amended as follows: which modifies the approved compliance 1. The implementation plan revision 1. Paragraph S5.1.2.2 is revised to date of the applicable control regulation. was adopted in accordance with pro­ read: The additional time for compliance is cedural requirements of State and 55.1.2.2 Reservoir labeling.—Each reasonable given the uniqueness of the Federal law, which provided for ade­ motorcycle shall have a brake fluid relationship between Delmarva Power quate public participation through notice warning statement that reads as fol­ and Light Co. and the Getty Oil Co. The and public hearings and comments, and lows, in letters at least three thirty- energy source for Delmarva’s power­ further participation is unnecessary and seconds of an inch high: generating facility is high sulfur content impracticable. Warning: Clean filler cap before re­ fluid petroleum coke supplied by Getty’s 2. Immediate effectiveness of the action moving. Use o n ly ______fluid from petroleum refinery. enables the source involved to proceed a sealed container. (Inserting the rec­ Permitting use of the coke until with certainty in conducting its affairs, ommended type of brake fluid as speci­ January 1, 1974, will provide additional and persons wishing to seek judicial re­ fied in 49 CFR 571.116, e.g., DOT 3.) time for Getty to study plans for deal­ view of the action may do so without The lettering shall be:;— ing with its massive solid waste disposal (a) Permanently affixed, engraved, or problem (1,500 tons /day) which will be delay. embossed; created by the switch to 1-percent sulfur (42 U.S.C. 1857c—5.) (b) Located so as to be visible by di­ fuel, and to study desulfurization alter­ Dated May 29, 1973. rect view, either on or within 4 inches natives for the coke. Accordingly, the of the brake-fluid reservoir filler plug Administrator has determined that this R o bert W. F r i, or cap; and compliance schedule is consistent with Acting Administrator. (c) Of a color that contrasts with its the requirements of 40 CFR 51.15(b) (2) Part 52 of chapter I, title 40 of the background, if it is not engraved or and it is hereby approved. Code of Federal Regulations is amended embossed. This approval action is effective on 2. Paragraph S7.10.2 is amended to as follows: June 4, 1973. The agency finds that good read: 1. The following source listing is added cause exists for not publishing the ac­ 57.10.2 Wet brake recovery stops.— tions as a notice of proposed rulemaking to § 52.429(a): Completely immerse the rear brake as­ sembly of the motorcycle in water for 2 F in a l minutes with the brake fully released. R e g u la tio n D a t e of Effective compliance Source Location in v o lv e d a d o p tio n d a te d a te Next completely immerse the front brake assembly of the motorcycle in water for 2 minutes with the brake fully released. . . . V I I I ...... Im m ediately-. • J an. 1,1974 Delmarva Power and Light Co. Delaware City.... Dec. 11,1972 Perform the entire wetting procedure in not more than 7 minutes. Immedi­ [FR Doc.73-11096 FUed 6-4r-73;8:45 am] ately after removal of the front brake from water, accelerate at a maximum Title 49—-Transportation an inch. In order to avoid any misinter­ rate to 30 mi/h without a brake appli­ CHAPTER V— NATIONAL HIGHWAY TRAF­ pretation, it is the NHTSA’s intent to cation. Immediately upon reaching that FIC SAFETY ADMINISTRATION, DE­ have the label completed with DOT and speed make five stops, each from 30 mi/h PARTMENT OF TRANSPORTATION the grade of fluid designed for use in the at 10 to 11 ft/s2 for each stop. After each system and not a manufacturer’s brand [Docket No. 1-3; Notice 6] stop (except the la s t)v accelerate the name and number. If, however, silicone- motorcycle immediately at a maximum PART 571— FEDERAL MOTOR VEHICLE based or petroleum based fluids are ap­ rate to 30 mi/h and begin the next stop. SAFETY STANDARDS propriate for the system design specific Effective date.—January 1, 1974. Motorcycle Brake Systems fluids may be designated until a DOT grade and performance requirements (Secs. 103, 112, 119 Public Law 89-563, 80 This notice amends Motor Vehicle have been specified. A contrast in color Stat. 718, 15 TJ.S.C. 1392, 1401, 1407; dele­ Safety Standard No. 122, Motorcycle will be required only of printed labels. gation of authority at 38 FR 12147.) Brake Systems, 49 CFR 571.122, to mod­ For this purpose, it has been decided Issued on May 30, 1973. ify the master cylinder labeling and the that raised or lowered letters will pro­ wetting procedure for the water recov­ vide a sufficient degree of legibility. J a m e s E . W il s o n , ery test, effective January 1, 1974. Finally, based on a comment made by Associate Administrator, The amendment is based upon a no­ the Japan Automobile Manufacturers Traffic Safety Programs. tice published December 15, 1972 (37 Association, Inc. (JA M A ), the wetting [FR Doc.73-11180 Filed 6-4r-73;8:45 am] FR 26739). The NHTSA proposed a procedure for the water recovery test change in the wording of the master has been changed to extend the maxi­ cylinder reservoir label which would be mum testing time from 5 minutes to 7 CHAPTER X— INTERSTATE COMMERCE identical to that specified in Motor Ve­ minutes. JAMA stated that immersion COMMISSION hicle Safety Standard No. 105a, Hy­ of the rear brake first would still create SUBCHAPTER A— GENERAL RULES AND REGULATIONS draulic Brake Systems (37 FR 17970). In engine stall problems if the water were addition, a change in the wetting proce­ allowed to enter the engine through the [S .0 .1089, Amdt. 7] dure for the water recovery test was muffler (s) during the front brake assem­ PART 1033— CAR SERVICE proposed to require sequential immersion bly immersion period. The NHTSA feels New York Dock Railway of the front and rear brake assemblies strongly, that the front brake should in lieu of simultaneous immersion. be immersed last due to potential insta­ At a session of the Interstate Com­ The comments received generally sup­ bilities created by a “ grabbing” front merce Commission, Railroad Service ported the proposal. Some minor changes brake. The extra time which has been Board, held in Washington, D.C., on the were requested, and standard No. 122 is allotted should be sufficient for manu­ 31st day of May 1973. being amended accordingly. The reser­ facturers to provide protection for the Upon further consideration of Service voir labeling requirements have bèen exhaust system, thereby alleviating the Order No. 1089 (37 FR 2677, 9118, 15930, modified in format in a manner consist­ 23336; 38 FR 877, 8657, and 10941), and ent with recent amendments to standard problem of engine stall, and providing good cause appearing therefor: No. 105a (38 FR 13017). a measure of relief for those who con­ I t is ordered, That: The height of the lettering has been sidered the 5-minute period as ex­ Service Order No. 1089.—New York retained at three thirty-seconds of cessively short. Dock Railway authorized to operate over

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14754 RULES AND REGULATIONS trackage abandoned by Bush Terminal railroads subscribing to the car service Board, held in Washington, D.C., on the Railroad Co., be, and it is hereby, amend­ and oar hire agreement under the terms 31st day of May 1973. ed by substituting the following para­ of that agreement, and upon the Amer­ Upon further consideration of service graph (e) for paragraph (e) thereof: ican Short Line Railroad Association; order No. 1104, (37 FR 15307), 22986, (e) Expiration date.—This order shall and that notice of this amendment shall and 38 FR 3512, 8445) and good cause expire at 11:59 p.m., July 31,1973, unless be given to the general public by deposit­ appearing therefor: otherwise modified, changed, or sus­ ing a copy In the office of the Secretary It is ordered, That § 1033.1104 Service pended by order of this Commission. of the Commission at Washington, D.C., Order No. 1104 (Penn Central Transpor­ Effective date.—This amendment shall and by filing it with the Director, Office tation Co., George P. Baker, Richard C. become effective at 11:59 p.m., May 31, of the Federal Register. Bond, and Jervis Langdon, Jr., trustées, 1973. By the Commission, Railroad Service authorized to operate over tracks of the (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Board. Erie Lackawanna Railway Co.), be, and 384, as amended; 49 U.S.C. 1, 12, 15, and it is hereby, amended by substituting [ s e a l ] J o s e p h M . H a r r in g t o n , 17(2). Interprets or applies secs. 1(10-17), the following paragraph (e) for para­ 15(4), and 17(2), 40 Stat. 101, as amended, Acting Secretary. graph (e) thereof: 54 Stat. 911; 49 U.S;C. 1(10-17), 15(4), and [FR Doc.73-11195 Filed 6-4-73;8:45 am] (e) Expiration date.—The provisions 17(2).) of this order shall expire at 11:59 p.m., I t is further ordered, That copies of [S .0 .1100, Am^t. 2] June 30, 1973, unless otherwise modified, this amendment shall be served upon the PART 1033— CAR SERVICE changed, or suspended by order of this Commission. Association of American Railroads, Car Union Pacific Railroad Co. Service Division, as agent of all railroads Effective date.—This amendment shall subscribing to the car service and car At a session of the Interstate Com­ become effective at 11:59 p.m., May 31, hire agreement under the terms of that merce Commission, Railroad Service 1973. agreement, and upon the American Board, held in Washington, D.C., on the (Secs, r, 12, 15, and 17(2), 24 Stat. 379, 383, Short Line Railroad Association; and 25th day of May 1973. 384, as amended; 49 U.S.C. 1, 12, 15, and that notice of this order be given to the Upon further consideration of Service 17(2). Interprets or applies Secs. 1(10-17), general public by depositing a copy in Order No. 1100 (37 FR 12324, 38 FR 15(4), and 17(2), 40 Stat. 101, as amended, 878), and good cause appearing therefor: 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and the Office of the Secretary of the Com­ 17(2).) mission at Washington, D.C., and by I t is ordered, That § 1033.1100 Service filing it with the Director, Office of the Order No. 1100, Union Pacific Railroad It is furthered ordered, That a copy Federal Register. Co. authorized to operate over tracks of of this amendment shall be served upon Agricultural Products Corp. between the Association of American Railroads, By the Commission, Railroad Service Epco, Caribou County, Idaho, and Dry Car Service Division, as agent of all rail­ Board. Valley, Caribou County, Idaho, be, and roads subscribing to the car service and [ s e a l ] J o s e p h M . H a r r in g t o n , it is hereby, amended by substituting the car hire agreement under the terms of Acting Secretary. following paragraph (d) for paragraph that agreement, and upon the American (d) thereof: [FR Doc.73-11198 Filed 6-1-73;8:45 am] Short Line Railroad Association; and (d) Expiration date.—This order shallthat notice of this amendment be given expire at 11:59 p.m., August 31, 1973, to the general public by depositing a [S .0 .1091, Arndt. 3] unless otherwise modified, changed, or copy in the Office of the Secretary of the PART 1033— CAR SERVICE suspended by order of this Commission. Commission at Washington, D.C., and Effective date.—This amendment shall by filing it with the Director, Office of Norfolk & Western Railway Co. become effective at 11:59 p.m., May 31, the Federal Register. 1973. At a session of the Interstate Com­ By the Commission, Railroad Service merce Commission, Railroad Service (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Board. Board, held in Washington, D.C., on the 384, as amended; 49 U.S.C. 1, 12, 15, and 25th day of May 1973. 17(2). Interprets or applies secs. 1(10-17), [ s e a l ] J o s e ph M . H a r r in g t o n , Upon further consideration of Service 15(4), and 17(2), 40 Stat. 101, as amended, Acting Secretary. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and Order No. 1091 (37 FR 4917, 12497 and 17(2).) [FR Doc.73-11193 Filed 6-4r-73;8:45 am] 38 FR 877), and good cause appearing therefor: I t is further ordered, That a copy of [S .0 .1106, Arndt. 3] I t is ordered, That § 1033-1091 Service this amendment shall be served upon the Order No. 1091 (Norfolk & Western Association of American Railroads, Car PART 1033— CAR SERVICE Service Division, as agent of all railroads Railway Co. authorized to operate over The Baltimore & Ohio Railroad Co. tracks of Penn Central Transportation subscribing to the car service and car Co., George P. Baker, Richard C. Bond, hire agreement under the terms of that At a session of the Interstate Com­ and Jervis Langdon, Jr., trustees), be, agreement, and upon the American merce Commission. Railroad Service and it is hereby, amended by substituting Short Line Railroad Association; and Board, held in Washington, D.C., on the the following paragraph (e) for para­ that notice of this amendment be given 31st day of May 1973. graph (e) thereof: to the general public by depositing a copy Upon further consideration of service in the Office of the Secretary of the Com­ (e) Expiration date.—This order shall order No. 1106 (37 FR 15307, 23273, and expire at 11:59 p.m., November 30, 1973, mission at Washington, D.C., and by fil­ 38 FR 3332), and good cause appearing unless otherwise modified, changed, or ing it with the Director, Office of the therefor: suspended by order of this Commission. Fédéral Register. It is ordered, That § 1033.1106 service Effective date.— 'This amendment shall By the Commission, Railroad Service order No. 1106, the Baltimore & Ohio become effective at 11:59 p.m., May 31, Board. Railroad Co. authorized to Operate oyer tracks of Penn Central Transportation 1973. [ s e a l ] J o s e ph M. H a r r in g t o n , Acting Secretary. Co., George P. Baker, Richard C. Bond, (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, and Jervis Langdon, Jr., trustees, be, and 384, as amended; 49 U.S.C. 1, 12, 15, and [FR Doc.73-11192 Filed 6-4-73;8:45 am] 17(2). Interprets or applies secs. 1(10-17), it is hereby amended by substituting the 15(4). and 17(2), 40 Stat. 101, as amended, following paragraph (e) for paragraph 54 Stat. 911; 49 UJ3.C. 1(10-17), 15(4), and [S .0 .1104, Arndt. 4] (e) thereof: 17(2).) PART 1033— CAR SERVICE (e) Expiration date.—The provisions of this order shall expire at 11:59 p.m^ It is further ordered, That copies of Penn Central Transportation Co. this amendment shall be served upon November 30, 1973, unless otherwise the Association of American Railroads, At a session of the Interstate Com­ modified, changed, or suspended by order Oar Service Division,' as agent of the merce Commission, Railroad Service of this Commission.

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 RULES AND REGULATIONS 14755

Effective date.—This amendment shall amended by substituting the following Board, held in Washington, D.C., on the become effective at 11:59 p.m., May 31, paragraphs (a) and (e) for paragraphs 31st day of May 1973. 1973. (a) and (e) thereof: Upon further consideration of service (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, (a) The Penh Central Transportation order No. 1111 (37 FR 19617, 22872, 384, as amended; 49 U.S.C. 1, 12, 15, and Co., George P. Baker, Richard C. Bond, 25237; 38 FR 878, 3332, 5637, 8446, and 17(2). Interprets or applies Secs. 1(10-17), and Jervis Langdon, Jr., trustees (Penn 10942), and good cause appearing there­ 15(4), and 17(2), 40 Stat. 101, as amended, Central) be, and it is hereby, ordered to for: 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and restore service via its Buttonwood It is ordered, That § 1033.1111 service 17(2).) (Wilkes-Barre), Pa., gateway on or order No. 1111 (Delaware & Hudson It is further ordered, That a copy of before June 30,1973. Railway Co. authorized to operate over this amendment shall be served upon (e) I t is further ordered, That this tracks of Erie Lackawanna Railway Co., the Association of American Railroads, order shall become effective at 11:59 Thomas F. Patton and Ralph S. Tyler, Car Service Division, as agent of all p.m., September 15,1972, and, as to para­ Jr., trustees), be, and it is hereby, railroads subscribing to the car service graph 1033.1110(b), shall expire at 11:59 amended by substituting the following and car hire agreement under the terms p.m., June 30,1973, unless sooner vacated paragraph (e) for paragraph (e) there­ of that agreement, and upon the Ameri­ by order of this Commission upon restor­ of: can Short Line Railroad Association; and ation of service through the Buttonwood (e) Expiration date.—The provisions that notice of this amendment be given ' (Wilkes-Barre) gateway. of this order shall expire at 11:59 p.m., June 30, 1973, unless otherwise modified, to the general public by depositing a (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, copy in the Office of the Secretary of the 384, as amended; 49 Ù.S.C. 1, 12, 15, and changed, or suspended by order of this Commission at Washington, D.C., and by 17(2). Interprets or applies secs. 1(10-17), Commission. filing it with the Director, Office of the 15(4), and 17(2), 40 Stat. 101, as amended, Effective date.—This amendment shall Federal Register. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and become effective at 11:59 p.m., May 31, 17(2).) By the Commission, Railroad Service 1973. Board. I t is further ordered, That copies of (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, this order shall be served upon the Asso­ 384, as amended; 49 U.S.C. 1, 12, 15, and 17 [ s e a l ] J o s e p h M. H a r r in g t o n , ciation of American Railroads, Car Serv­ (2). Interprets or applies secs. 1(10-17), 15 Acting Secretary. ice Division, as agent of the railroads (4), and 17(2), 40 Stat. 101, as amended, 54 [FR Doc.73-11196 Filed 6-4-73;8:45 amj Stat. 911; 49 U.S.C. 1(10-17), 15(4), and subscribing to the car service and car 17(2).) hire agreement under the terms of that It is further ordered, That a copy of [Rev. S .0 .1110, Arndt. 8] agreement, and upon the American Short Line Railroad Association; and that no­ this amendment shall be served upon the PART 1033— CAR SERVICE tice of this order shall be given to the Association of American Railroads, Car Penn Central Transportation Co. general public by depositing a copy in Service Division, as agent of all railroads the Office of the Secretary of the Com­ At a session of the Interstate Com­ mission at Washington, D.C., and by fil­ subscribing to the car service and car merce Commission, Railroad Service ing it with the Director, Office of the hire agreement under the terms of that Board, held in Washington, D.C., on the Federal Register. agreement, and upon the American Short 31st day of May 1973. By the Commission, Railroad Service Line Railroad Association; and that no­ Upon further consideration of revised tice of this amendment be given to the service order No. 1110 (37 FR 19616, Board! 22871, 23236; 38 FR 878, 3333,.5636, 8446, general public by depositing a copy in [ s e a l ] J o s e ph M . H a r r in g t o n , the Office of the Secretary of the Com­ and 10942), and good cause appearing Acting Secretary. therefor: mission at Washington, D.C., and by [FR Doc.73-11197 Filed 6-4-73;8:45 am] It is ordered, That § 1033.1110 service filing it with the Director, Office of the order No. 1110 (Penn Central Transpor­ Federal Register. tation Co., George P. Baker, Richard C. [S .0 .1111, Arndt. 8] Bond, and Jervis Langdon, Jr., trustees, . By the Commission, Railroad Service PART 1033— CAR SERVICE Board. required to restore service at the Button- wood (Wilkes-Barre), Pa., gateway Delaware & Hudson Railway Co. [ s e a l ] J o s e p h M . H a r r in g t o n , and to reroute traffic originally routed At a session of the Interstate Com­ Acting Secretary, via that gateway), be, and it is hereby. merce Commission, Railroad Service [F R Doc.73-11194 Filed 6-4-73;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 107— TUESDAY, JUNE 5, 1973 14756 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 COMMERCE Sec. use approximating actual operating con­ 9.4 Development of voluntary energy con­ ditions as set out in test procedures Office of the Secretary servation specifications. contained in a final voluntary energy 9.5 Participation of manufacturers. conservation specification published un­ [ 15 CFR Part 9 ] 9.6 Termination of participation. VOLUNTARY LABELING PROGRAM FOR 9.7 Certification mark. der § 9.4(d). MAJOR HOUSEHOLD APPLIANCES TO 9.8 Amendment or revision of voluntary (e) The term “ energy efficiency” EFFECT ENERGY CONSERVATION energy conservation specification. means a measure of the energy use of a 9.9 Consumer education. household appliance relative to its out­ Proposed Procedures 9.10 Annual report. put of services, as determined through Notice is hereby given that the De­ A u t h o r it y .— Sec. 2, 31 Stat. 1449, as test procedures promulgated or approved partment of Commerce proposes to issue amended, sec. 1, 64 Stat. 371; 15 U.S.C. 272, by the Secretary. procedures for a voluntary labeling pro­ Reorganization Plan No. 3 of 1946, part VI; (f) The term “ consumer” means the gram for major household appliances in Message Prom the President of the United first person who purchases a new house­ order to promote energy conservation. States Concerning Energy Resources, Apr. 18, 1973 (119 Cong. Rec. H2886). hold appliance for purposes other than President Nixon in his energy message resale. to Congress on April 18, 1973, advised § 9.0 Purpose. (g) The term “ class of household ap­ that he had directed the Department of The purpose of this part is to establish- pliance” means a group of appliances Commerce, working with the Council on procedures relating to the Department’s whose technical function is similar and Environmental Quality and the Environ­ voluntary labeling program for house­ whose functional output covers a range mental Protection Agency, to develop a hold appliances to promote and effect which may be of interest to a consumer voluntary system of energy labels for energy conservation. for a single application. major home appliances. § 9.1 Goal of program. (h) The term “specification” means The President stated, “ These labels a voluntary energy conservation speci­ should provide data on energy use as (a) This program was initiated in re­ fication developed under § 9.4. well as a rating comparing the product’s sponse to the direction of President Nixon in his 1973 energy message that (3) An energy specification label and efficiency to other similar products.” directions for displaying the label with Interested persons are invited to par­ the Department of Commerce in co­ operation with the Council on Environ­ each household appliance in the class. ticipate in the proposed rulemaking by The energy specification label shall in­ submitting written comments or sugges­ mental Quality and the Environmental Protection Agency develop a voluntary clude information which will assist the tions in four copies to the Assistant Sec­ consumer in comparing by cost or other­ labeling program which would apply to retary for Science and Technology, room wise the energy characteristics of a par­ 3862, U.S. Department of Commerce, major energy-consuming home appli­ ances. ticular appliance with all others in its Washington, D.C. 20230, on or before class. The label shall be prominently af­ July 5, 1973. The Department of Com­ (a) The goal of this program is to fixed to or displayed with each appli­ merce is particularly interested in re­ encourage manufacturers to cooperate ance in a manner assuring visability and ceiving comments as to whether those with the Federal Government in pro­ readability. The label shall also include household appliances included within the viding consumers, at the point of sale, the certification mark specified in § 9.7. scope of the program pursuant to § 9.3 with information on the energy con­ (c) The Secretary upon completion of are appropriate for consideration at this sumption and energy efficiency of major a proposed specification shall publish in time and whether any additions or dele­ household appliances. Such information the F ederal R eg ister a notice giving the tions should be made. will be provided on labels displayed with complete text of the proposed specifica­ A public docket will be available for the appliance and written in language tion, and any other pertinent informa­ examination by interested persons at the understandable to consumers. The labels tion, and inviting any interested person Central Reference and Records Inspec­ will include a system intended to make to submit comments on the proposed tion Facility of the Department of Com­ it possible for consumers to compare specification within 30 days after its merce, room 7043, Main Commerce by cost or otherwise the energy con­ publication in the F ederal R eg ister . Building, 14th Street between E Street sumption and energy efficiency charac­ and Constitution Avenue NW „ Washing­ teristics when purchasing household ap­ (d) The Secretary, after considera­ ton, D.C. 20230. pliances and to select those appliances tion of all written comments and other which could effect savings in energy materials received in accordance with Issued June 1, 1973. consumption. paragraph (c) of this section, shall pub­ lish in the F ederal R eg ister within 30 B e t s y A n c k e r -J o h n s o n , § 9.2 Definitions. days after the final date for receipt of Assistant Secretary (a) The term “ Secretary” means the comments a notice either: for Science and Technology. Secretary of Commerce. ( 1 ) Giving the complete text of a final H ie following proposals are under (b) The term “household appliance” specification, including conditions of consideration : means an appliance listed in § 9.3 and use, and stating that any manufacturer does not include a household appliance of a household appliance in the class PART 9— PROCEDURES FOR A VOLUN­ manufactured for export. concerned desiring voluntarily to use the TARY LABELING PROGRAM FOR MAJOR specification label and certification mark HOUSEHOLD APPLIANCES TO EFFECT (c) The term .“manufacturer” means ENERGY CONSERVATION any person engaged in the manufactur­ with such appliance must advise the De­ ing or assembling of new household ap­ partment of Commerce; or Sec. pliances or the importing of such ap­ (2) Stating that the proposed speci­ 9.0 Purpose. pliances for resale. fication will be further developed before 9.1 Goal of program. final publication; or 9.2 Definitions. (d) The term “ energy consumption” 9.3 Household appliances included in pro­ means the amount of energy used by a (3) Withdrawing the proposed speci­ gram. household appliance under conditions of fication from further consideration.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 PROPOSED RULES 14757

§ 9.3 Household appliances included in hold appliance manufactured by him in DEPARTMENT OF program. accordance with any specification. TRANSPORTATION (4) The manufacturer agrees at his The household appliances Included Federal Aviation Administration in this program are room and central expense to comply with any reasonable air-conditioners, household refrigera­ request of the Department of Commerce [ 14 CFR, Parts 25,121,135 ] tors, home freezers, clothes washers, to have a household appliance manufac­ [Docket No. 12881; Notice No. 73-16] dishwashers, clothes dryers, kitchen tured by him tested to determine that testing has been done according to the AIR TRANSPORTATION OF ranges, and water heaters. Additional HANDICAPPED PERSONS appliances may be included in the pro­ relevant specification. gram by the Secretary pursuant to rule- (5) The manufacturer agrees to in­ Advance Notice of Proposed Rulemaking making procedures as set out in 5 U.S.C. clude all models of a particular brand in The Federal Aviation Administration 553. Household appliances manufactured a class of appliance as defined in the is considering amending parts 25, 121, for export are not included in this specification. and 135 of the “Federal Aviation Regula­ program. § 9.6 Termination o f participation. tions” to permit, to the maximum extent possible, air transportation of physically § 9.4 Development o f voluntary energy (a) The Department of Commerce conservation specifications. handicapped persons while maintaining upon finding that the manufacturer is an acceptable level of safety in air car­ (a) The Secretary in cooperation with not complying with the conditions of rier and air taxi operations. appropriate Federal agencies and in co­ participation set out in a voluntary en­ This advance notice of proposed rule- operation with affected manufacturers, ergy conservation specification may making is being issued pursuant to the distributors, retailers, and consumers terminate the use of the certification FAA’s policy for the early institution of shall develop a proposed voluntary mark set out in § 9.7 : Provided, That the rulemaking proceedings. An “ advance” energy conservation specification for a manufacturer shall first be given an op­ notice is issued to invite public partici­ specific class of the household appliances portunity to show cause why the partici­ pation in the identification and selection covered under § 9.3. pation should not be terminated. Prior to of a course or alternate courses of action (b) Each specification shall as a mini­ any termination, a manufacturer may with respect to a particular rulemaking mum include: request a hearing under the provisions of problem. 5 U.S.C. 558. (1) Statements describing the class of Interested persons are invited to par­ household appliance covered and listing (b) A manufacturer may terminate his ticipate in the making of the proposed the distribution of energy efficiencies for participation and responsibilities under rule by submitting such written data, that class of appliance. this program at any time by giving writ­ views, or arguments as they may desire. ten notice to the Secretary that he has (2) Listings or descriptions of test Communications should identify the reg­ discontinued use of the specification methods to be used in measuring the ulatory docket or notice numbers and be label for all appliances within the class. pertinent energy characteristics of the submitted in duplicate to the Federal Aviation Administration, Office of the class of household appliance. The De­ § 9.7 Certification mark. partment of Commerce will develop in General Counsel, Attention: Rules cooperation with industry appropriate The Department of Commerce shall Docket, AGC-24, 800 Independence Ave­ test methods and will, where possible, use develop a certification mark which shall nue SW., Washington, D.C. 20591. All adequate test methods described in na­ be registered in the U.S. Patent Office communications received on or before tionally recognized voluntary standards. under 15 U.S.C. 1054 for use on each label August 6, 1973, will be considered by the contained in a specification. Administrator before taking action with § 9.5 Participation of manufacturers. respect to the subject matter. All com­ § 9.8 Amendment or revision o f volun­ (a) Manufacturers desiring to partici­ ments will be available, both before and tary energy conservation specifica­ after the closing date for comments, in pate in this program will so notify the tion. Department of Commerce. The notifica­ the rules docket for examination by in­ tion will identify the particular specifica­ The Secretary may by order amend or terested persons. tion to be used. The notification will also revise any specification published under On October 14, 1971, the Civil Aero­ state that the manufacturer will abide § 9.4. The procedure applicable to the nautics Board issued an advance notice by all conditions contained in the speci­ establishment of a specification under of proposed rulemaking to notify the fication and will desist from using the § 9.4 shall be filed in amending or public of the Board’s consideration of specification if requested by the Depart-' revising such specification. Such amend­ rulemaking action to amend part 399 ment of Commerce under the provisions ment or revision shall not apply to any “Policy Statements” and part 221 “Eco­ of § 9.6. appliance manufactured prior to the ef­ nomic Regulations” of the regulations of fective date of the amendment or re­ the Board so as to provide for terms and (b) The conditions for participation vision. conditions governing air transportation will be set out in the specification and of physically disabled persons. will include, but not be limited to, the § 9.9 Consumer education. following: The notice, PSDR-33/EDR-215 (docket The Department of Commerce, in close No. 23904), invited participation of the (1) Prior to the use of a label con­ cooperation and coordination with inter­ industry, interested Government agen­ tained in a specification, the manufac­ ested government agencies and the ap­ cies, physically disabled passengers and turer will make or have made the propriate industry trade association and their individual or organizational repre­ measurements to obtain the information industry members, shall carry out a pro­ sentatives, as well as the general public, required for inclusion on the specifica­ gram to educate consumers relative in the Board’s effort to determine the tion label; and, if requested, will forward to the significance of the labeling pro­ scope of the problem. The notice stated such measurement data to the Depart­ that, “ If, in the Board’s view, comments ment of Commerce. Such measurement gram. received indicate that further action is data will be kept on file for 2 years after § 9.10 Annual report. warranted, the Board may then pursue the household appliance is no longer one or more of several alternative courses manufactured unless otherwise provided The Department of Commerce will of action, including (1) Issuing a supple­ in the specification. publish an annual report of activities mental notice of rulemaking with pro­ (2) The manufacturer will describe under the program, including an evalu­ posed rules (2) reopening the proceed­ the test results on the label as prescribed ation of the program and a list of par­ ing in which it approved the A TA agree­ in the specification. ticipating manufacturers and classes of ment dealing with interline acceptance (3) The manufacturer will display or household appliances. criteria for disabled persons under sec­ arrange to display the specification label tion 412 of the Act, (3) instituting evi- and certification mark with each house­ [Fit Doc.73-11298 Filed 6-4-73:8:45 am] déntiary proceedings under section

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107-----4 14758 PROPOSED RULES

1002(b) of the Act, and (4) referring the unjustfied under a reasonable inter­ relating to the acceptance of handi­ matter to the Department of Transpor­ pretation and application of the exist­ capped passengers. tation under section 1111 of the Act.” ing tariff rule. The present standards for emergency Subsequent to the issuance of notice A recent FAA review of the air car­ evacuation of passenger-carrying air­ PSDR-33/EDR-215, the Board has re­ riers’ written procedures concerning the planes are established in FAR § 121.291 ferred the matter to the Department of ground and flight handling of the for the air qarriers and commercial oper­ Transportation fof a determination of physically handicapped has shown that ators of large airplanes and FAR § 25.803 the relevant safety parameters associ­ variations exist among the carriers with for the airworthiness of transport cate­ ated with the air transportation of dis­ respect to: (1) The specificity of the gory airplanes. These standards require abled persons and deferred its proceed­ procedures provided airline employees; that each part 121 certificate holder and ings until the appropriate safety (2) the types of handicapped persons ac­ each applicant for a part 25 airplane- standards have been established. The cepted as passengers; and (3) the num­ type certificate show by actual demon­ alternative course of action selected by ber of certain types of handicapped stration that an emergency evacuation of the Board is consistent with alternative persons permitted on each flight. This the full seating capacity, including crew­ (4) identified in its notice. review has also shown that while the members, can be accomplished within 90 The comments received by the Board larger part 121 carriers have the most seconds for each type airplane involved in response to notice PSDR-33/EDR-215 comprehensive and most uniform pro­ which has a seating capacity of more have been reviewed by the PAA. In addi­ cedures for the transportation of the than 44 passengers. tion to economic consideration the com­ handicapped; only limited written pro­ With regard to the persons used in an ments contain information pertinent to cedures were utilized by the small car­ emergency evacuation demonstration, the safety considerations involving the riers and the part 135 airtaxi/commuter these requirements specify the use of a air transportation of handicapped per­ operators. representative passenger load of persons sons. The FAA believes this information Although variations do exist with re­ in normal health and a mix in accordance should he considered in any FAA rule- spect to the types of handicapped per­ with the following: making action regarding this important sons accepted as passengers in air trans­ (1) At least 30 percent must be female. subject and has placed these comments portation, some uniformity does exist (2) Approximately 5 percent must be in the docket to be considered along with with respect to certain types of handi­ over 60 years of age, with a proportionate any comments which may result from capped persons not normally accepted number of females. the issuance of this notice. by most airlines. Those not accepted (3) At least 5 percent, but no more Section 1111 of the Federal Aviation include: than 10 percent, must be children under Act, referenced in the Board’s notice, (1) Handicapped or ill persons who 12 years of age, prorated through that provides: “ Subject to reasonable rules are unable to care for their personal age group. and regulations prescribed by the Secre­ needs without assistance, unless ac­ Emergency evacuation demonstrations tary of Transportation, any. air carrier is companied by an able-bodied person. permit an evaluation of the aircraft evac­ authorized to refuse transportation to a (2) Persons ill with a communicable uation characteristics, an evaluation of passenger or to refuse to transport prop­ disease. the operator’s emergency procedures and erty when, in the opinion of the air car­ (3) Persons handicapped to the extent the quality of its crewmember training. rier, such transportation would or might they offend other passengers. In addition, the demonstrations produce be inimical to safety of flight.” (4) Those who require undue atten­ useful information regarding actual pas­ As indicated in the Board’s explana­ tion from the flight attendant. senger flow rates through the various tory statement issued in conjunction (5) Those unable to sit in a seat and type (size) exits to comply with the 90- with its notice of October 14, 1971, fasten their seat belt. second evacuation requirement. While various air carriers are parties to an (6) Mentally retarded children unless these demonstrations provide a measure agreement, approved by the Board in accompanied by an adult. for producing satisfactory evacuation 1962, which states, among other things, (7) Infants under seven days of age. systems, the representative passenger that acceptance of physically handi­ (8) Women in their 9th month of load, however, is not always representa­ capped passengers for air transportation pregnancy unless they present an tive of that encountered in actual opera­ by the parties to the agreement will be obstetrician’s certificate dated within tion, especially if physically handicapped determined in accordance with certain 72 hours of the time of flight departure. passengers are to be considered. lay criteria and, in particular circum­ (9) Unaccompanied children under 5 There has been a lack of uniformity stances, medical criteria as set forth years of age. among the different carriers in the type therein. The lay criteria provide that a (10) Unaccompanied litter patients. of handicapped persons accommodated. member carrier will not accept as pas­ (11) Passengers intoxicated or under The FAA believes there is a need for an sengers persons who have malodorous the influence of drugs. operational standard by which the ac­ conditions, gross disfigurement, or con­ (12) Persons who are insane or men­ ceptance of a maximum number and type tagious diseases, or persons who cannot tally incapacitated. of handicapped passengers, commensu­ take care of their physical needs with­ rate with an acceptable level of safety, out an attendant. The medical criteria (13) Unaccompanied prisoners. may be achieved^ are stated to be those criteria contained (14) Persons requiring intervenous or In making its decisions to invite the in a report entitled “Medical Criteria for intramuscular feeding or injections while public and industry to assist in an iden­ Passenger Flying” published in certain en route, unless accompanied by a physi­ tification and selection of a course or al­ periodicals and incorporated therein by cian or attendant qualified to administer ternate courses of action, the FAA be­ reference. The agreement also classifies such feedings or injections. lieves certain information regarding the the physically handicapped and indicates (15) Certain lung diseases which re­ reliance upon evacuation systems in ac­ by class which criteria are to be used in quire continuous supplemental oxygen. tual emergencies may be helpful. The gaging acceptability. Exclusive of special physiological or most significant type of aircraft accident The Board also indicated it has re­ medical considerations, the FAA believes in which a handicapped passenger may ceived an increasing volume of letters the most significant safety considera­ expect to encounter a disproportionate from disabled persons, disabled vet­ tions associated with the carriage of share of risk and possibly impede evac­ erans’ groups, and other organizations, handicapped persons are those related uation is the survivable accident in which which express dissatisfaction with the to aircraft emergency evacuation. The a fire or an aircraft ditching is involved. carriers’ handling of paraplegics, quad- accommodation of the more severely In these cases the need to evacuate the raplegics, and other classifications of handicapped will almost certainly affect aircraft rapidly is paramount. disabled persons, including in particular, the outcome of an emergency evacuation. An indication of the probability that a several informal complaints reciting in­ The “Federal Aviation Regulations” passenger may be involved in such an ac­ cidents where the alleged refusals by under which the air carriers and the air­ cident can be determined from an exam­ air carriers to accept disabled persons craft they operate are certificated do not ination of past performance. The record for carriage would appear to have been include criteria which provide standards for the 10-year period of 1962 through

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 PROPOSED RULES 14759

1971 indicates that U.S. domestic and (9) If you are a handicapped person,between 0.20 and 0.26 inch would be re­ flag air carriers have been involved in 23 considering the possibility of being in­ quired to be replaced within 2,500 land­ survivable aircraft accidents in which volved in an emergency evacuation, does ings of their installation. fire after impact was reported. None of the notion that you could be the last Interested persons are invited to par­ these carriers have been involved in a passenger evacuated from an aircraft ticipate in the making of the proposed ditching accident during this same pe­ seriously concern you? rule by submitting such written data, riod. Comments are welcome on these areas views, or arguments as they may desire. One additional area of concern regard­ of interest as well as any additional areas Communications should identify the ing the carriage of handicapped persons regarding the safety aspects relating to docket number and be submitted in du­ is the need by persons afflicted .with cer­ transportation of handicapped persons plicate to the Federal Aviation Admin­ tain ailments to carry their own oxygen by air carriers. istration, Office of the General Counsel, supply in the passenger cabins of their This advance notice of proposed rule- attention: Rules Docket, AGC-24, 800 aircraft. This is presently inconsistent making is issued under the authority of Independence Avenue SW., Washington, with the provisions of PAR part 103, sections 313(a), 601, 603, and 604 of the D.C. 20591. All communications received Transportation of Dangerous Articles Federal Aviation Act of 1958 (49 U.S.C. on or before July 5, 1973, will be consid­ and Magnetized Material. The FAA is 1354(a), 1421, 1423, and 1424), and sec­ ered by the Administrator before taking undertaking separate rulemaking action tion 6(c) of the Department of Trans­ action upon the proposed rule. The pro­ to resolve the difficulties associated with portation Act (49 U.S.C. 1655(c)). posals contained in this notice may be the carriage of individualized personal changed in the light of comments re­ Issued in Washington, D.C., on May 30, oxygen systems. ceived. All comments will be available, Based on the foregoing, the FAA solicits 1973. both before and after the closing date C. R. M eltjgin, Jr., for comments, in the rules docket for the views of all interested persons con­ Acting Director, cerning the establishment of an accept­ examination by interested persons. Flight Standards Service. able level of safety commensurate with This amendment is proposed under the the carriage of the maximum number [FR Doc.73-11119 Filed 6-4-73;8:45 ami authority of sections 313(a), 601, and 603 and types of handicapped persons. The of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, and 1423), and of PAA is particularly interested in receiv­ Federal Aviation Administration ing comments regarding the following section 6(c) of the Department of Trans­ questions: [ 14 CFR Part 39 ] portation Act (49 U.S.C. 1655(c)).. (1) What types of physical/functional [Docket No. 12867] In consideration of the foregoing, it is disabilities or limitations should be al­ proposed to amend § 39.13 of part 39 of HANDLEY PAGE (SCOTTISH AVIATION, lowed consistent with present evacuation the Federal Aviation regulations by add­ LTD.) MODEL HP-137 JETSTREAM AIR­ ing the following new airworthiness criteria? PLANES (2) What types of handicapped per­ directive: sons or physical/functional disabilities Proposed Airworthiness Directives H a n d le y P age (Sco ttish A v ia t io n , L td.) should be allowed if a special attendant The Federal Aviation Administration Applies to Jetstream Model HP-137 Mark or assistance is provided to accomplish is considering amending part 39 of the I airplanes that do not have Handley an emergency evacuation from an air­ Federal Aviation regulations by adding Page Modification No. 1219 incorporated. craft? an airworthiness directive applicable to Compliance is required as indicated. (3) Should a regulation be adopted Handley Page Model HP-137 Jetstream To provide for adequate depth of engage­ which would permit (or limit) the car­ airplanes. There have been cases re­ ment of wing-fuselage fittings accomplish riage of a number and type of handi­ ported in which the engagement depth of the following: capped persons without the accommo­ the spigots, P/N 13781B-5, of the front (a) For Jetstream airplanes serial Nos. 213, dation of that number and type in the spar wing-fuselage fittings have been 216, 217, 218, 220, 221, 224, 237, 238, and 246, criteria established for emergency evac­ found to be insufficient. This could lead within the next 100 hours’ time in service uation demonstrations? after the effective date of this AD or, prior to premature failure of the spigot and to the accumulation of a total of 2,500 land­ (4) How many unassisted handi­ subsequent overloading of the primary ings, whichever occurs later, unless already capped persons may be accepted as pas­ wing attachments. Since this condition is accomplished, comply with paragraph (c) of sengers on an aircraft without requiring likely to exist or develop in other air­ this AD. the use of a special attendant or able- planes of the same type design, the pro­ (b) For all other airplanes, within the bodied helper? Should this limit be a posed airworthiness directive would re­ next 100 hours’ time in service after the fixed number or should it be a number quire an initial inspection within the next effective date of this AD, unless already ac­ which is a percentage of the full passen­ complished, radiographically inspect spigots, 100 hours’ time in service to ascertain the P/N 13781B-5, for depth of engagement of ger seating capacity? extent to which spigots are recessed in the spigot in its housing in accordance with (5) For large groups of handicapped the spigot housings, and corrective ac­ paragraph 2(2) of Handley Page Jetstream passengers what means of emergency tion for those spigots which lack full en­ Service Bulletin No. 7/1, issue No. 3, dated evacuation might be employed to provide gagement by more than 0.20 inch. The February 1970, or an FAA-approved an acceptable level of safety? AD would require that spigots lacking equivalent. (6) Should the length of the planned full engagement by more than 0.26 inch (1) If the spigot is found during the in­ flight be a consideration in determining spection required by this paragraph to be be replaced before further flight, while recessed in its housing by an amount more the number and/or type of handicapped those lacking full engagement by than 0.26 inches, before further flight, except persons to be accepted as passengers? amounts between 0.20 and 0.26 inch be that the airplane may be flown in accord­ (7) Would an identification card replaced before the accumulation of 2,500 ance with FAR 21.197 to a base where this which certifies the ability of a handi­ landings since they were installed. Cer­ work can be performed, comply with para­ capped person to perform certain physi­ tain designated airplanes that are known graph (c) of this AD. cal tasks be useful in eliminating uncer­ to have been manufactured with the lat­ (2) If the spigot is found during the in­ tainties regarding his acceptance as an ter spigots would not be required to per­ spection required by this paragraph to be recessed in its housing by an amount of unaccompanied passenger? I f so, who form the initial inspection. The AD would 0.26 inch or less, but greater than 0.20 should issue the card? require that spigots lacking sufficient inch, before the accumulation of a total (8) If you are a handicapped person, depth of engagement be replaced either of 2,500 landings, comply with paragraph have you considered how you might evac­ by new longer spigots, P/N 13781B-7, of (c) of this AD. uate an aircraft im assisted by other Handley Page Modification No. 1219, or (c) Replace affected spigots by accom­ persons? Would you care to describe your by new spigots of the existing part num­ plishing one of the following: functional limitations and any method ber, P/N 13781B-5, that are determined (1) Install a longer spigot, P/N 13781B-7. by which you could effect an evacuation? (2) Install a new spigot of the same part by inspection before flight to lack depth number that is shown by radiographic in­ (This information may be helpful in of engagement by no more than 0.26 inch. spection performed in accordance with para­ developing evacuation procedures and/or Those replacement spigots, P/N 13781B- graph 2(2) of Handley Page Jetstream Serv­ evacuation devices). 5, lacking full engagement by amounts ice Bulletin No. 7/1, issue No. 3, dated

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14*760 PROPOSED RULIS

February 1970, or an FAA-approved equiva­ The see and avoid type separation, as Office of the Secretary lent to be recessed In its housing by an provided by pilots while operating in [ 49 CFR Part 85 ] amount not exceeding 0.25 inch, and com­ accordance with visual flight rules ply with paragraph (d) of this AD, as [Docket No. 82; Notice No. 73-5] applicable. (V F R ), is not effective at such speeds (d ) For replacement spigots, P/N 13781B-5, since pilots are unable to detect other HIGH VALUE COMMODITY STORAGE that are found during an inspection required aircraft and maneuver to avoid collision. by paragraph (c) of this AD to be recessed A positive control area would enhance Cargo Security Advisory Standards by an amount of 0.26 inches or less but ex­ safety by insuring that positive separa­ This is the second in a series of cargo ceeding 0.20 inches, before the accumulation tion is provided by the air traffic control security advisory standards to be issued of 2,500 landings on the replacement spigot, system. comply with paragraph (c) of this AD. A similar type of positive control air­ by the Department of Transportation’s (e) For the purpose of complying with Office of Transportation Security. space exists in Canadian airspace be­ this AD, and subject to acceptance by the The possibility of cargo loss is in­ tween flight levels 230 and 450. This assigned FAA maintenance inspector, the creased when operational requirements airspace is identified as the Northern number of landings may be established by or the size of the facility requires that dividing each airplane’s hours’ time in serv­ Control Area and Southern Control cargo be left in a facility prior to de­ ice by the operator’s fleet average flight time Area. Additionally, a form of positive livery or transfer. Such a situation pre­ from takeoff to landing for the Model HP- separation is provided: within the sents special threat to high-value cargo. 137 Jetstream airplane. Anchorage Oceanic/Arctic Control Area in that aircraft must file instrument Where operational necessity precludes Issued in Washington, D.C., on expeditious cross-dock movement, loss May 25, 1973. flight rule flight plans when operating more than 100 nautical miles from the can be minimized by the use of a secu­ C. R . M e l u g in , Jr., shoreline as stipulated by special Inter­ rity crib for high-value cargo. In ad­ Acting Director, national Civil Aviation Organization dition to the physical security provided Flight Standards Service. rules and procedures. The establishment by a crib, increased accountability af­ [F R Doc.73-11125 Filed 6-4-73;8:45 am] of positive control area as proposed for forded b y thorough security crib pro­ the State of Alaska would be consistent cedures insures that high-value cargo with adjacent airspace. will receive the added protection neces­ [1 4 CFR Part 71 ] Air traffic control radar serves only a sary to keep internal loss to a minimum. [Airspace Docket No. 71-AL-8] portion of the proposed positive control Each carrier, stevedoring company, and freight forwarder, regardless of POSITIVE CONTROL AREA area. In areas of high traffic volume, it is essential that radar be used to provide mode, should determine, based on its Proposed Establishment positive control service. However, in those own operational and security require­ The Federal Aviation Administration areas of the proposed positive control air­ ments, which commodities should be (FAA) is considering amending part 71 space which lack radar coverage, the placed in a security crib. Certain items, of the Federal Aviation regulations to forecasted current and long-term traffic such as clothing, alcohol, and cigarettes, designate positive control area over the volume, indicates that efficient service constitute high-value/high-risk com­ majority of the State of Alaska, flight can be provided through the use of non­ modities in all modes and geographic level 240 to flight level 600, inclusive. radar separation standards. regions. Other items may require a high Interested persons may participate in Federal Aviation Regulation § 91.97(a) degree of attention in only some regions the, proposed rulemaking by submitting requires, among other things, that all or by only some companies. such written data, views, or arguments as aircraft operating within positive control Each company should know what its they may desire. Communications should areas be equipped with a coded radar high-value/high-risk shipments are and identify the airspace docket number and beacon transponder; However, FAR place these items in a security crib when be submitted in triplicate to the Director, § 91.97(b) allows air traffic control to they must be kept in a facility awaiting Alaskan Region, attention: Chief, Air authorize deviations from this require­ delivery or transfer. Where it is de­ Traffic Division, Federal Aviation Ad­ ment on a continuing basis. It is the termined that, because of facility size, ministration, 632 Sixth Avenue, Anchor­ FAA’s intention to authorize deviations loss experience, and type of operation, age, Alaska 99501. All communications from the transponder requirement on a a security crib is impracticable or un­ received on or before August 6,1973, will continuing basis for aircraft operations necessary, a secure area in the facility be considered before action is taken on outside of air traffic control radar cover­ should be set aside for high-value cargo, the proposed amendment. The proposal age within the proposed Alaska positive as outlined in the procedures which contained in this notice may be changed control area. follow. in the light of comments received. In consideration of the foregoing, it is The advisory standard which follows An official docket will be available for proposed to amend part 71 of the Federal suggests procedures and policies in­ examination by interested persons at the Aviation Regulations as follows: tended to assist all parts of the trans­ Federal Aviation Administration, Office By amending § 71.193 by adding the portation industry in reducing the inci­ of the General Counsel, attention: Rule» following: dence of loss and theft of cargo en­ Docket, 800 Independence Avenue SW., trusted to their care. This advisory A lask a P ositive Control Area Washington, D.C. 20591. An informal standard is not mandatory, and nothing docket also will be available for examina­ That airspace of the State of Alaska, ex­ in it replaces or modifies any statutory tion at the office of the Regional Air cluding the Alaska Peninsula west of longi­ requirement or any regulatory authority Traffic Division Chief. tude 160*00’00" W., flight level 240-flight vested in any Federal, State, or local level 600, inclusive. The airspace proposal in this docket governmental body. would designate as positive control area This amendment is proposed under In consideration of the foregoing, the the airspace over the State of Alaska, the authority of section 307(a) of the Department proposes to establish part flight level 240 to flight level 600 inclu­ Federal Aviation Act of 1958 (49 U.S.C. 85-2 of the appendix to part 85 of title sive, except for that portion of the 1348(a)) and section 6(c) of the Depart­ 49 of the Code of Federal Regulations Alaska Peninsula west of longitude ment of Transportation Act (49 U.S.C. to read as follows: 160°00'00" west. 1655(c)). A ppendix—Cargo Secu rity Advisory While the number of aircraft presently Issued in Washington, D.C., on May 23, Standards operating within the proposed airspace 1973. part h ig h value com m o dity storage is not large, air traffic activity is fore­ as—a— H . B. H e ls t r o m , casted to steadily increase for the next 5 Chief, Airspace and Air Subpart A— G eneral years. Closure speeds in excess of 1000 Traffic Rules Division. Sec. knots are possible between aircraft op­ 85-2.1 Purpose. erating within the proposed airspace. [F R Doc.73-11126 Filed 6-4-73;8:45 am] 85-2.3 Definitions.

FEDERAL REGISTER, VOL. 38, N O. 107— TUESDAY, JUNE 5, 1973 PROPOSED RULES 14761

Subpart B— L ocation op Secu rity Crib (b) The area described in paragraph (a) (2) The time of the transfer; and of this section should be— (3) The identity of the persons involved (1) Clearly marked; in the transfer. 85-2.11 Location. (2) Made off limits to unauthorized per­ (c) Every transfer should be observed by a Separation from over, short, and 85-2.13 sonnel; responsible supervisor, or the custodian if damaged crib. (3) W ithin sight of the dock office; and one has been designated, and entered in the 85-2.15 Small facilities. (4) Capable of constant supervisory ob­ log. Subpart C— Construction of Security Crib servation. Sec. 85-2.43 Physical inventory, (a ) Con­ sistent with the size of the security crib and 85-2.21 Materials. Subpart C— Construction of Security Crib the amount of cargo stored therein, a phys­ 85-2.23 Size. Se c . 85-2.21 Materials. A security crib ical inventory of all freight in the security 85-2.25 Visual observation. should be constructed of substantial ma­ crib should be made periodically. Compar­ 85-2.27 Portable security crib. terials which make the crib resistant to ison should then be made with the log de­ Subpart D— A ccess and Control forced entry on all sides, underneath, and scribed in § 85-2.41 or with a running in­ overhead. ventory. Custodian. 85-2.31 Se c . 85-2.23 Size, (a) A security crib should (b) The interval between inventories 85-2.33 Entrance in absence of custodian. be of-a size adequate for storage of all high- should not exceed 30 days. Cleared inven­ Subpart E— A ccountability value cargo present at the facility at any tory records should remain on file. time. It should not be so large, however, as Sec. 85-2.45 Theft or pilferage. Whenever 85-2.41 Control log. to encroach upon space necessary for normal there is evidence of theft or pilferage from 85-2.43 Physical inventory. operations, thereby resulting in the use of the security crib an immediate and thorough 85-2.45 Theft or pilferage. security crib space for other than high-value investigation should be conducted. Proper 85-2.47 Discrepancies. cargo. records will indicate when a loss occurred 85-2.49 Completed logs. (b) The walls of a security crib should ex­ and the persons involved. Sec. 85-2.47 Discrepancies. A security crib Subpart F— Security tend to the ceiling of the room in which it is located or be at least 10 feet high with a sub­ should be inspected daily by the facility man­ 85-2.51 Lock. stantial top or roof resistant to forced entry. ager or his representative with discrepancies 85-2.53 Keys. (c) When a shipment of high-value cargo investigated immediately and errors in pro­ 85-2.55 Surrounding area. is too large to be stored entirely within a cedures brought to the attention of super­ 85-2.57 Electronic surveillance. security crib, it should be— visors concerned as quickly as possible. 85-2.59 Procedures in lieu of a security crib. (1) Segregated from other cargo; Sec. 85-2.49 Completed logs. Completed logs should be kept in a secure place for at Appendix—Cargo Se cu rity Advisory (2) Stored within sight of supervisory per­ least 1 year or such other period of time as Standards sonnel; and (3) Physically inspected at least daily by the company feels they may be needed for investigation of claims. PART 85—2---HIGH VALUE COMMODITY STORAGE a supervisor for indication of theft or pilfer­ Subpart A— General age. Subpart F— Security Sec. 85-2.25 Visual observation. Construc­ Sec. 85-2.1 Purpose, (a) The purpose of' tion should permit visual observation of the Sec. 85-2.51 Loch, (a) A security crib should this part is to set forth minimum procedures entire security crib from the outside to deter be securely locked when unattended. and guidelines that should be observed in unauthorized entry and covert tampering (b) The lock should be changed— order to minimize the risk of loss of high- with the high-value cargo therein. (1) Periodically to minimize the effect of unauthorized duplication of the key; and value cargo. Sec . 85-2.27 Portable security crib. In the (b) The provisions herein are general and event that use of a portable security crib is (2) Whenever a key to the lock is missing each may not apply to every transportation necessary, its sides should be securely fast­ for any period of time. mode. ened to the ground to prevent entry under­ (c) Serial numbers should be removed from the lock and all keys. Sec. 85-2.3 Definitions. As used in this neath by raising of the security crib with a part—• forklift, jack, or other lift equipment. Sec. 85-2.53 Keys, (a) Keys to the lock on a security crib should be kept by author­ “Custodian” means a person having direct Su b p a r t D— A ccess a n d Co n t r o l ized supervisors, or the custodian if one has day-to-day control of a secruity crib, in­ Se c . 85-2.31 Custodian, (a ) When size of been designated, and be placed in a locked cluding custody of and responsibility for key box or other secure place at the close the contents thereof. an operation or volume of high-value cargo requires extensive use of a security crib, a of business. “High-value cargo” means cargo handled custodian should be designated as the one (b) To preclude surreptitious duplication, at a facility, which cargo, because of its person directly responsible for control of keys should never leave the facility nor be monetary value, utility, desirability, or his­ the security crib. At all times access to the given, even temporarily, to unauthorized tory of frequent theft, requires greater pro­ security crib should be under the direct con­ persons. tection than other commodities normally trol of the custodian and should be limited to (c) The number of duplicate keys should handled at the facility. those persons having legitimate business in be kept to a minimum, and duplicate keys “Security crib” means an enclosure for the security crib. should be accorded the same protection as temporary storage of high-value cargo; also (b ) If the size or nature of the particular the original keys. referred to as “cage,” “corral,” “vault,” or operation does not warrant the designation Sec. 85-2.55 Surrounding area. Floor space “lockup.” of a custodian, supervisory personnel should immediately adjacent to a security crib be authorized to conduct-necessary business should be kept clear of stacked cargo which Subpart B— Location of Security Crib at the security crib. can reduce visibility. Sec. 85-2.11 Location, (a) A security crib Se c . 85—2.33 Entrance in absence of cus­ Sec. 85-2.57 Electronic surveillance. De­ should be located in the vicinity of and, todian. (a) Where the volume of business pending upon the value of cargo stored in a ideally, within sight of, the terminal or dock conducted at a security crib is substantial security crib, the number of transfers thereto office. It should not be located in a remote and a custodian has been designated, any and from, and other variables, continuous area of the facility. additional duties assigned to the custodian electronic surveillance of a security crib may (b) The location should be conducive to should be limited to minimize the necessity be advisable. In such a case, a responsible frequent, if not continuous, surveillance by to enter a security crib in his absence. person or persons should be assigned respon­ supervisory personnel. (b) If entrance to a security crib in the sibility of monitoring the television receivers. The versatility of closed circuit television (c) Large facilities may require two se­ absence of the custodian is unavoidable, the entrance should be— combined with a video tape recorder is ideal curity cribs, one at each end, provided there for electronic surveillance of a security crib is opportunity for reasonable surveillance of (1) Conducted in the presence of supervi­ sory personnel; both security cribs. when continuous monitoring of the television (2) Subsequently reported to the custo­ receivers is not possible. If tapes are used, Sec. 85-2.13 Separation from over, short, dian; and they should be reviewed periodically to deter­ and damaged crib. A security crib should be (3) Entered on appropriate records. mine whether unauthorized entry occurs. separate from an over, short, and damaged Sec. 85-2.59 Procedures in lieu of a security crib. Over and damaged freight should not Subpart E— Accountability crib. The size of an operation, the geographic be stored in a security crib unless it is of area in which a facility is located, and the high value. Sec. 85-2.41 Control log. (a) A control log prior loss record may indicate that a security Sec. 85—2.15 Small facilities, (a) In a small should be maintained at a security crib, list­ crib is not needed at a particular facility. facility space limitations may prevent the use ing all cargo transferred into and out of Special procedures for controlling high-value of a security crib. In such an instance high- the security crib. cargo should still be used and may include— value cargo should be stored in an area spe­ (b) The log should contain information (a ) Storage in a special area; cifically designated and reserved for this sufficient to identify positively— (b ) Storage in the over, short, and dam­ purpose. (1) The cargo transferred; aged crib;

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14762 PROPOSED RULES

(c) Daily inventories; and needed for carbon monoxide and/or rescinded. Pending final action on a new (d ) Continuous surveillance. photochemical oxidants will not result reference method for measurement of Before taking final action to issue the in sufficient nitrogen oxides emission nitrogen dioxide, the adequacy of State proposed advisory standard, the Depart­ reductions to insure attainment of the plans for attainment of the nation^ ment will consider the timely comments national standard for nitrogen dioxide. standard would be assessed in terms of of all ihterested persons. Comments The underlying rationale for this re­ air quality data related to the candidate should identify the docket or notice num­ quirement is related to the complex at­ methods set forth elsewhere in this issue ber (see above) and be submitted to the mospheric chemistry involved in the of the F ederal R e g ist e r . Docket Clerk, Office of the General formation of nitrogen dioxide in the All interested parties are invited to Counsel, TGC, Department of Transpor­ ambient air. Very little of the nitrogen submit written comments on the pro­ tation, Washington, D.C. 20590. Com­ dioxide present in the ambient air is posed regulations set forth below. Com­ ments received on or before July 20, emitted as nitrogen dioxide for station­ ments should be submitted, preferably 1973, will be considered before final ac­ ary or mobile sources. Most nitrogen in triplicate, to the Environmental Pro­ tion is taken. All docketed comments will dioxide is a secondary pollutant formed tection Agency, Office of Air Quality be available for public inspection and as a result of the oxidation of nitric Planning and Standards, Control'Pro­ copying, both before and after the closing oxide to nitrogen dioxide in the ambient grams Development Division, Research date for comments, in the Office of the air. Thermal oxidation of nitric oxide by Triangle Park, N.C. 27711, Attention: Assistant General Counsel for Regula­ atmospheric oxygen is a very slow proc­ Mr. Schueneman. All relevant comments tion, room 10100, Department of Trans­ ess; . however, during daylight hours, received on or before July 20, 1973, will portation Headquarters (Nassif) Build­ photochemical conversion of nitric oxide be considered. Comments received by ing, 400 Seventh Street SW., Washing­ to nitrogen dioxide occurs rapidly, espe­ EPA will be available for inspection dur­ ton, D.C., between 9 a.m. and 5:30 p.m. cially in the presence of high concentra­ ing normal business hours at the Office local time, Monday through Friday, ex­ tions of hydrocarbons and other organic of Public Affairs, 401 M Street SW., cept Federal holidays. substances. In some cases, the oxidation Washington, D.C. 20460. The regulations continues, reinoving the nitrogen dioxide This proposal is issued under authority proposed herein, with appropriate modi­ from the atmosphere. Laboratory experi­ of section 9(e) (1) of the Department of fication, will be effective on republica­ ments consistently have shown that the tion in the F ederal R e g ister . This notice Transportation Act (80 Stat. 944, 49 rate of photochemical conversion of U.S.C. 1657(e)(1)), and section 85.3 of of proposed rulemaking is issued under nitric oxide to nitrogen dioxide decreases the authority of section 110 of the Clean the “Regulations of the Office of the as concentrations of organic hydrocar­ Secretary of Transportation” (49 CFR Air Act (42 U.S.C. 1857c5). bons decrease. 85.3). Although it has not been possible, thus Dated May 29, 1973. Issued in Washington, D.C., on May 31, far, to quantify the impact of hydro­ R o bert W. F r i, 1973. carbon control on nitrogen dioxide con­ Acting Administrator. R ichard F. L a l l y , centrations under actual environmental 1. Section 51.14, paragraph (c) (2) is Director of conditions, EPA’s position has been that Transportation Security. revised and paragraph (c) (3) is revoked the impact would be sufficient to obviate to read as follows: [P R Doc.73-11205 Filed 6-4-73;8:45 am] widespread control of nitrogen oxides emissions beyond that to be achieved § 51.14 Control strategy: Carbon monox­ ENVIRONMENTAL PROTECTION dfrectly through implementation of the ide, hydrocarbons, photochemical motor vehicle emission standards and oxidants, and nitrogen dioxide. AGENCY incidentally through transportation con­ * * * * * [ 40 CFR Part 51 ] trol measures. In light of the proposed (c) * * * reclassication of AQCR’s, as set forth NITROGEN DIOXIDE CONTROL STRATEGY (2) With respect to control of carbon elsewhere in this issue of the F ederal monoxide and nitrogen oxides, the pro­ Requirements for the Preparation, Adop­ R egister, EPA is now proposing a re­ portional model which may be used for tion, and Submittal of Implementation vision of 40 CFR 51.14, such that State purposes of this paragraph is described Plans plans for attainment of the national in § 51.13(e)(2). On August 14, 1971 (36 FR 15486), the standard for nitrogen dioxide in priority (3) [Revoked] Administrator of the Environmental I AQCR’s will have to include an ex­ [FR Doc.73-11169 Filed 6-4-73;8:45 am] Protection Agency (EPA) promulgated plicit showing that the national standard as 42 CFR part 420, regulations for the will be attained. Toward this end, States preparation, adoption, and submittal of still will be able to take credit for nitro­ FEDERAL COMMUNICATIONS State implementation plans under sec­ gen oxides emission control achieved di­ COMMISSION tion of 110 of the Clean Air Act, as rectly through the motor vehicle emis­ sion standards and incidentally through [ 47 CFR Parts 2, 18, 21, 73, 74, 89, 91, amended. These regulations were repub­ 9 3 ] lished on November 25, 1971 (36 FR transportation control measures, and, 22398) as 40 CFR part 51. Section 51.14, where demonstrable, through hydro­ [Docket No. 18262] Control Strategy: Carbon monoxide, carbon emission control. Further studies LAND MOBILE SERVICE hydrocarbons, photochemical oxidants, of the hydrocarbon-nitrogen dioxide re­ and nitrogen dioxide was revised De­ lationship currently are underway. Order To Extend Time to File Supplementary Material cember 30, 1971 (36 FR 25233) specifi­ For the time being, the requirements cally in regard to nitrogen dioxide. The of revised 40 CFR 51.14 would be applied In the matter of an inquiry relative proposed regulations set forth below only to the Los Angeles and Chicago to the future use of the frequency band would further revise the control strategy AQCR’s. For the other two AQCR’s which 805-960 MHz; and amendment of parts requirements for nitrogen dioxide. remain priority I, l.e., New York, New 2, 18, 21, 73, 74, 89, 91, and 93 of the Jersey, Connecticut, and Wasatch Front Currently, 40 CFR 51.14 requires rules relative to operations in the land States to adopt nitrogen oxides emission (Salt Lake City), a 1-year period for control regulations applicable to certain SIP revision would be granted. If ad­ mobile service between 806 and 960 MHz, stationary sources in those AQCRs where ditional data show that these AQCR’s docket No. 18262. emission standards for new motor vehi­ should be classified priority m , the re­ 1. The Land Mobile Communication cles and transportation control measures quirement for SIP revision would be Section, Communications and Industrial

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 PROPOSED RULES 14763

Electronics Division, Electronics Indus­ 915 MHz ISM band has not been ade­ and all other aspects of the EIA request tries Association (EIA) has requested quately addressed thus far in this pro­ is denied. that the time to file certain supplemen­ ceeding. Additional data and comments Adopted May 24, 1973. based on actual tests, such as EIA pro­ tary matter for inclusion in the official Released May 25, 1973. record of oral presentation in this pro­ poses, would be desirable and would not ceeding be extended from May 25 to delay the Commission’s consideration of [ s e a l ] J o h n W. P e t t it , June 8, 1973. the other complex issues in this pro­ General Counsel. 2. The Commission’s April 13, 1973 (38 ceeding. The Commission, therefore, [FR Doc.73-11175 Filed 6-4-73;8:45 am] FR 9833) ; order in this proceeding stated believes that it would be in the best that the record would remain open until interest of the public to extend the FEDERAL POWER COMMISSION time for filing additional material ad­ May 25, 1973, to permit filing of written [ 18 CFR Parts 2,154,157,250 ] comments by parties requesting ap­ dressing the microwave oven issue, as pearance in the oral presentation but , requested by EIA. [Dockets Nos. R-433, R-389—B] not scheduled. Further, in the Com­ 5. The request for a similar time ex­ RESERVES DEDICATION IN THE TEXAS mission’s May 8, 1973, order and later tension for filing additional comments AND JUST AND REASONABLE NA­ in the opening statement of the oral addressing the subject of shared dispatch TIONAL RATES FOR FUTURE SALES OF presentations the Commission stated system is, however, denied. The Com­ NATURAL GAS FROM WELLS that participants who felt that their mission already has many comments, in­ Notice of Extension of Time cluding those of EIA members, address­ time allotment did not allow them to M a y 2 5 ,1 9 7 3 . adequately address the issues or substan­ ing this subject. In fact, EIA states in On May 23, 1973, Standard Oil Co. of tiate their arguments may file supple­ its request that its members are in sub­ Indiana, gulf coast and southern Louisi­ mentary written comments during this stantial agreement with their previous ana areas, requested that it be permitted same period. filings addressing this matter. The Com­ to serve and file its response to the mo­ 3. EIA states, in its request, that an mission therefore concludes that grant­ tion filed May 16,1973, by the Associated additional 2 weeks is necessary for some ing additional time here would serve no Gas Distributors for an order requiring of its member companies to arrange and prompt compliance with order No. 459 in report the results of tests addressing real benefit and would only delay our own evaluation of this and other inter­ docket No. R-433 with its response to the subject of potential interference to comments to be filed on June 1, 1973, in the proposed land mobile service from related issues which we are very anxious docket No. R-389-B. microwave ovens operating in the ad­ to resolve. Upon consideration, notice is hereby jacent 915 MHz industrial, scientific, 6. Accordingly, it is ordered, Pursuant given that the time is extended to June 1, and medical equipment (ISM ) band. In to § 0.251(b) of the Commission’s state­ 1973, within which interested persons addition, EIA also requests a similar ment of delegations of authority, that may file responses to the AGD motion. time extension to file additional com­ the EIA request to extend from May 25 The above responses may be filed and served simultaneously with the responses to June 8, 1973, the time to file supple­ ments addressing the subject of shared to the submittals in docket No. R-389-B, private dispatch systems. mentary matter for inclusion in the of­ but should be contained in separate docu­ 4. The Commission feels that the ficial record specifically addressing the ments. subject of potential interference to the subject of potential interference to the M a r y B. K id d , proposed land mobile operations from proposed land mobile operations from Acting Secretary. the microwave ovens operating in the 915 MHz microwave ovens is granted, [FR Doc.73-11100 Filed 6-4-73:8:45 am ]

FEDERAL REGISTER, VOL. 36, NO. 107— TUESDAY, JUNE 5, 1973 14764 Notices

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

FEDERAL MARITIME COMMISSION tory or unfair as between carriers, ship­ It is further ordered, That pursuant to pers, exporters, importers, or ports, to sections 22 and 15 of the Shipping Act, [Docket No. 73-28] operate to the detriment of the com­ 1916, respondent conferences be ordered PUBLICATION OF DISCRIMINATORY merce of the United States, to be con­ to show cause why their shipper request RATES IN THE U.S. WEST COAST/ trary to the public interest, or to be in and complaint procedures should not be JAPAN TRADE violation of the Shipping Act/ This sec­ modified so as to require the confer­ tion also provides that the Commission ences to advise shippers of their right to Order To Show Cause shall disapprove any such agreement be­ seek rate adjustments if shippers show The conferences and carriers named cause of failure or refusal to adopt and the existence of a rate disparity and to in appendix A, attached below operate, maintain reasonable procedures for obtain an adjustment if the conferences inter alia, in the foreign commerce of promptly and fairly hearing and consid­ are unable to justify the disparity specif­ the United States in the trade between ering shippers’ requests and complaints. ically by publishing in the conference U.S. west coast ports and Japan, and The present procedures observed by rate application forms furnished to publish their rates in tariffs on file with the conferences named in appendix A shippers the following or substantially the Federal Maritime Commission. A re­ impose no obligation on the part of the similar language in clear type: view of certain rates published in these conferences to eliminate or justify rate Notice to shipper— you are entitled to re­ tariffs shown in appendix B, attached disparities in considering shippers’ re­ quest a rate adjustment for your commodity below, reveals that significant dispari­ quests or even to inform shippers that if you can show that there is a lower rate ties exist between export and import a disparity may exist. applicable to the same or like commodity rates. Despite the fact that the named The Commission is of the opinion that which moves or may move in the import (ex­ port) trade as published in the tariff of the carriers offer a transportation service it is not in the public interest for the Trans-Pacific Freight Conference of Japan in both directions of the subject trade, conferences to totally ignore the exist­ (Pacific Westbound Conference). Please indi­ the lower rates are generally applicable ence of disparities in their negotiations cate if you are basing your request on such to the commodities concerned only if with shippers and to fail to advise ship­ a comparison. By order of the Federal Mari­ they are carried in the inbound trade. pers that they are entitled to request and time Commission we are required to elimi­ These carriers, therefore, charge signifi­ obtain rate adjustments if the confer­ nate such a disparity unless we provide you cantly different rates for what appear ences are unable to justify the existence with apppropriate justification. in all respects to be like services differ­ of a rate disparity. I t is further ordered, That pursuant to ing only in directional movement. Thus, Furthermore, the Commission is of the sections 22, 21, and 15 of the Shipping shippers of like traffic will not enjoy opinion that given the existence of a Act, 1916, respondent conferences be the same or even approximately equiva­ number of rate disparities published in ordered to show cause why their present lent rates and, specifically, American ex­ the tariffs of the named conferences procedures regarding reporting of ship­ porters will be charged rates signifi­ which, if unjustified, would constitute pers’ requests and complaints pursuant cantly higher than their Japanese unlawful discrimination, the conferences’ to General Order 14 should not be modi­ counterparts. request and complaint procedures which fied to require that in those instances m The Commission is aware of no trans­ totally ignore such disparities and give which the basis of the shippers’ requests portation circumstances or conditions no warning to shippers of their rights and complaints, in whole or in part is a which would justify the establishment or under the circumstances are not fair or rate disparity, this fact to be specified. maintenance by the named carriers of reasonable within the meaning of sec­ It is further ordered, That this pro­ discriminatory rates in the manner de- tion 15 of tiie Shipping Act, 1916. ceeding shall be limited to the submis­ described • The Commission is also of the opinion sion of affidavits of fact and memoranda Section 17 of the Shipping Acti 1916, that the conferences’ present procedures of law, replies thereto, and oral argu­ provides, in pertinent part, that * * regarding reporting of shippers’ requests ment, if requested and/or deemed neces­ no common carrier by water in foreign and complaints pursuant to the Commis­ sary by the Commission. Should any commerce shall demand, charge, or col­ sion’s General Order 14 do not sufficient­ party feel that an evidentiary hearing lect any rate, fare, or charge which is ly inform the Commission as to whether is required, that party must accompany unjustly discriminatory between ship­ the particular complaint is based upon any request for such hearing with a state- pers * * *. Whenever the Commission disparities, thus hindering the Commis­ ment setting forth in detail the facts to finds that any such rate, fare, or charge, sion in discharging its responsibilities to be proven, their relevance to the issues in is demanded, charged, or collected, it eliminate unjust discrimination based this proceeding, and why such proof can­ may alter the same to the extent neces­ upon such disparities. not be submitted through affidavit. Re­ sary to correct such unjust discrimina­ Now, therefore, it is ordered, That quest for hearing shall be filed on or be­ tion * * * and make an order that the pursuant to sections 22 and 17 of the fore June 20, 1973. Affidavits of fact ana carrier shall discontinue demanding, Shipping Act, 1916, the conferences and memoranda of law shall be filed by re­ charging, or collecting any such unjustly, carriers named in appendix A be named spondents and served upon all parties no discriminatory * * * rate, fare, or respondents in this proceeding and that later than the close of business June zu, 1973. Reply affidavits and memoranda charge.” In the Commission’s opinion, they be ordered to show cause why the therefore, unless the carriers can offer Commission should not order the unjust shall be filed by the Commission’s Bureau of Hearing Counsel and intervenors, u valid reasons which would justify these discrimination existing in their export/ any, no later than the close of business rates, they are charging rates which import rate structures as set forth in must be considered to be unjustly dis­ appendix B to be eliminated by increas­ July 11, 1973. Oral argument will oe scheduled at a later date if requested criminatory between shippers in viola­ ing rates for their inbound services to tion of section 17 of the Shipping Act, the level of the outbound rates, or by and/or deemed necessary by the l.oiu 1916, 46 U.S.C. section 816. reducing the comparable rates charged mission. , . -f Section 15 of the Shipping Act, 1916, by respondents in their outbound serv­ It is further ordered, That a notice _ authorizes the Commission to disap­ ices, or by changing rates in both direc­ this order be published in the tions so as to eliminate rate disparities R egister and that a copy thereo prove, cancel, or modify any agreement served upon respondents. that it finds to be unjustly discrimina­ on the commodities in question.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14765

It is further ordered, That persons associate members Knutsen Line, Dampskibsaktieselskapet other than those already parties to this Peninsular & Oriental Steam Navigation Co., Jeanette Skinner, Skibsaktieselskapet Pa­ proceeding who desire to become parties P. & O. Passenger Division, Beaufort House, cific, Skibsaktieselskapet Marie Bakke, Dampskibsaktieselskapet Golden Gate, to this proceeding and to participate St. Botolph St., London EC3A 7DX, Eng­ land. Dampskibsaktieselskapet Lisbeth, Skibsak­ therein shall file a petition to intervene tieselskapet Ogeka, Hvalfangstaktiesel- pursuant to rule 5(1) of the Commis­ Shipping Corp. of India, Ltd., Steelcrete skapet Suderoy, Knut Knutsen O.A.S., P.O. sion’s rules of practice and procedure (46 House, Dlnshaw Wacha Rd., Bombay 1, Box 173, N-5501, Haugesund, Norway. CFR 502.72) no later than the close of India. Mitsui O.S.K. Lines, Ltd., 3-3, Akasaka 5- business June 6, 1973. States Marine Lines, States Marine Inter­ chome, Minato-ku, Tokyo 107, Japan. It is further ordered, That all docu­ national Inc., Global Bulk Transport Inc., Nippon Yusen Kaisha, 3-2, Marunouchi 2- Isthmian Lines, Inc. (as one member only), chome, Chiyoda-ku, Tokyo 100, Japan. ments submitted by any party of record 90 Broad St., New York, N.Y. 10004. Pacific Far East Line, Inc., 1 Embarcadero in this proceeding shall be directed to the Waterman Steamship Co., Ltd., 140 Broad­ Center, San Francisco, Calif. 94111. Secretary, Federal Maritime Commis­ way, New York, N.Y. 10005. Phoenix Container Liners Ltd., Alexandra sion, Washington, D.C. 20573, in an orig­ House, P.O. Box 56, Hong Kong. inal and 15 copies as well as being TRANS-PACIFIC FREIGHT CONFERENCE OF JAPAN Sea-Land Service, Inc., Terminal and Fleet mailed directly to all parties of record. James E. Mazure, Chairman, Sumitomo Sei- Sts., P.O. Box 1050, Elizabeth, N.J. 07207. mei Yaesu Bldg., 3, Yaesu 4-chome, Chuo- Seatrain International, S.A., 1395 Middle By the Commission. ku, Tokyo 104 Japan. Harbor Rd., Oakland, Calif. 94607. Showa Shipping Co., Ltd., Muromachi Bldg., [ s e a l] F r a n c is C. H tjrney, American Mail Line, Ltd., 1010 Washington 1, Nihonbashi-Muromachi 4-chrome, Chuo- Secretary. Bldg., Seattle, Wash. 98101. ku, Tokyo 103, Japan. American President Lines, Ltd., 601 Califor­ Appendix A States Steamship Co., 320 California St., San nia St., San Francisco, Calif. 94108. Francisco, Calif. 94104. PACIFIC WESTBOUND CONFERENCE Barber Lines A/S, Dronning Mauds Gate No. Transportación Maritima Mexicana, S.A., Av. D. D. Day, Jr., Chairman, 635 Sacramento 1, Oslo 2, Norway (P.O. Box No. 1330, Vika, de Los Insurgentes Sur No. 432, Tercer Piso, St., San Francisco, Calif. 94111. Oslo 1). Mexico 7 D.F., Mexico. American Mail Line, Ltd., 1010 Washington Compania Peruana de Vapores, Gammara 676, United States Lines, Inc., 1 Broadway, New York, N.Y. 10004. Bldg., Seattle, Wash. 98101. Chucuito, Apartado 208, Callao, Peru. American President Lines, Ltd., 601 Cali­ Japan Line, Ltd., Kokusai Bldg., 1-1 M aru­ Yamashita-Shinnihon Steamship Co., Ltd., Palaceside Bldg., 1-1, Hitotsubashi 1- fornia St., San Francisco, Calif. 94108. nouchi 3-chome, Chiyoda-ku, Tokyo 100, Barber Lines, A/S, P.O. Box 1330, Vika, Oslo Japap. chome, Chiyoda-ku, Tokyo 100, Japan. Zim Container Service F.E. (a division of Zim 1, Norway. Kawasaki Kisen Kaisha, Ltd., 8, Kaigan-dori, Israel Navigation Co., Ltd.), 207/209 Hame- Japan Line, Ltd., Kokusai Building 12, 3 Ikuta-ku, Kobe 650, Japan. ginim Ave., Haifa, Israel. Marunouchi, Chiyoda-Ku, Tokyo, Japan. Kawasaki Kisen Kaisha, Ltd., 8 Kaigan-dori, Rate Comparisons Between Pacific Westbound Conference (U.S. Pacific Coast Ports) and Ikuta-Ku, Kobe, Japan. T rans-Pacific Freight Conference of Japan (Japanese Ports) Knutsen Line, Dampskibsaktieselskapet Jeannette Skinner, Skibsaktieselskapet 1. Rates listed are quoted as of April 25,1973. Pacific, Skibsaktieselskapet Marie Bakke, 2. Rate quotations are subject to 10-percent currency adjustment surcharge in each confer­ Dampksibsaktieselskapet Golden Gate, ence. Dampskibsaktieselskapet Lisbeth, Skibsak­ 3. Pacific Westbound Conference rates are subject to general increase of 10 percent effec­ tieselskapet Ogeka, Hvalfangstaktieselska- tive June 15,1973, thereby further widening the rate disparities listed herein. pet Suderoy, Knut Knutsen, O.A.S., Hauge- 4. Key to symbols : sund, Noreway. w =2,000 pounds. Pacific Far East Line, Inc., 141 Battery St., m = 40 cubic feet. San Francisco, Calif. 94111. A. P. Moller— Maersk Line, a joint service o f: w /m ~ 40 cubic feet or 2,000 pounds whichever produces the greater revenue. Dampskibsselskabet Af 1912 Aktieselskab, l t = 2,240 pounds. Aktieselskabet Dampskibsselskabet Sven- lt/m — 40 cubic feet or 2,240 pounds. borg, managed by: A. P. Moller, 8 Kongens A ppendix B Nytorv, Copenhagen K. Denmark. Maritime Co. of the Philippines, 205 Juan Pacific Westbound Conference FMC-8 Trans-Pacific Freight Conference of Japan Luna, Manila, Philippines. F M C -3 4 Mitsui O.S.K. Lines, Ltd., 36 Hitotsugi-cho, Akasaka, Minato-ku, P.O. Box 6, Akasaka,. Outbound In b o u n d Tokyo, Japan. Nippon Tusen Kaisha, 20, 2-Chome, Maru­ Percent of Commodity description Ite m nouchi, Ohiyoda-Ku, Tokyo, Japan. Rate disparity Item R a t e Phoenix Container Liners Ltd., Alexandra House, Hongkong. 010 87.00 w /m ...... 78 2740 49.00 w /m . Sea-Land Service, Inc., P.O. Box 1050, Eliza­ Abrasive paper. _ 08 96.50 w ...... — ' ...... 111 5980 45.75 w /m . 1 beth, N.J. 07207. 59.00 w /m . 2 043 69.00 w /m ...... 33 2520 52.00 w /m . 1 Seatrain International, S.A., 1395 Middle 60.26 w /m . 2 Harbor Rd., Oakland, Calif. 94607. 060 73.00 w /m ______70 6980-05 45.75 w /m . 1 Showa Shipping Co., Ltd. (Showa Kaiun Implements. 32 59.00 w /m . 2 P a r t s ______060 78.00 w /m ______Kaisha, Ltd.), Ida Bldg., No. 1 Yaesu 2- 23 5220 63.25 w /m . 068 87.00 w /m ...... 67 2520 62.00 w /m . 1 Chome, Chuo-ku, Tokyo, Japan. 44 60.26 w /m . 2 States Steamship Co., 320 California St., San Alum inum foil stowage factor 34-35.. 837 90.50 w ...... 62 6660 55.75 w /m . Francisco, Calif. 94104. Autom obile, truck or trailer______171 57.50 w /m - - . 24 5300 46.25 w /m . Parts, n.o.s______171 57.50 w /m .-.. Scindia Steam Navigation Co., Ltd., the Scin- 5 5320 . 64.75 w /m . 156 87.00 w /m ^ ...... 90 5920 45.75 w /m .3 dia House, Ballard Estate, Bombay, 1 B.R., 34 65.00 w /m * India. 190 78.25 w /m ...... 16 9999 67.50 w /m 1 as ca rg o , Transportación Maritima Mexicana, S.A., Av. n.o.s. Batteries, dry cell______224 87.00 w /m ______- 63 3660-05 53.26 w /m . De Los Insurgentes Sur No. 432 Tercer Piso, Beverages, concentrated ______267. 92.00 W /m ______36 9999 67.50 w /m .1 Mexico 7, D.F. Flavoring extracts______267 92.00 w /m _____ 76 1660-05 52.25 w /m . United Philippine Lines, United Philippines Boilers domestic heating.______297 62.25 w /m .. 21 4380 51.25 w /m . B o o k s a n d m ag a zin e s...... 69.00 w /m ______32 Bldg., Santa Clara. Intramuros, Manila, 6760 52.26 w /m .1 Printed matter ______052 87.00 w /m ______r ■ 67 6760 52.25 w /m .1 RJ». (advertising). 19 73.25 w /m .3 United States Lines, Inc., 1 Broadway, New Books (childrens)______322 69.00 w /m ...... - s 51 6020 45.76 w /m . York, N.Y. 10004. Brick, fire... ______348 57.50 w /m ______• 26 2780 45.75 w /m . Cam eras...... ______1599 87.00 w /m 24 6600-05 70.00 w /m .1 Yamashita-Shinnihon Steamship Co., Ltd., Candy and confectionery ______393 75.00 w /m ______36 1480-05 55.00 w /m . Sixth floor, Palaceside Bldg., No. 1, Take- Carbon, activated in drum s ______439 75.25 w /m ______- 45 2520 52.00 w /m .1 hira-Cho, Chiyoda-Ku, Tokyo, Japan. 25 60.25 w /m .3 Zim Israel Navigation Co., Ltd. (Zim Con­ Other than in drums, viz in paper 439 96.75 w ...... - 86 62.00 w /m .1 bags stowage factor 29. U p to 80 eft, ______61 60.25 w /m .3 tainer Service Division) (Zim American O v e r 80 eft. 50(6 Israeli Shipping Co., Inc.. General Agents), 7/9 Ha’atzmaut Rd., Haifa, Israel. See footnotes at end of table.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107— *—5 14766 14766 A p p e n d ix B A p p e n d ix B Pacific Westbound Conference FMC-8 Trans-Pacific Freight Conference of Japan Pacific Westbound Conference FMC-8 Trans-Pacific Freight Conference of Japan FMC-34 F M C - 3 4 Inbound Outbound Inbound Outbound

P e rc e n t of P e rc e n t o f Com m odity description It e m B a t e d is p a rity It e m B a t e Commodity description Item Bate disparity Item Bate

Machinery, n.o.s (trucks forklift)___ _ 450 87.00 w / m . . . . . ___ 67 4880 62.00 w /m . 24 4220-05 48.50 w /m * WOOl( C a r p e t in g ______« ______...... ______. 463 60.26 w /m . 2108 85.50 w / m . . ___ .... 37 9760 62.25 w /m . 72 4200 35.00 w /m oth er i Tire patches...... - 2108 85.50 w / m . . ______37 9760 62.25 w /m . w o o le n . Rubber cement and tire repair kits.. 1438 77.25 w / m . . ______49 2520 62.00 w /m ? 62.00 w /m .1 Textile specialty...... — Chemicals, Nonhazardous n.o.s._.v.v 623 87.00 w /m . 67 2520 Compound______28 . 60.25 w /m ? 44 60.25 w /m .2 Weed killing compound______2195 67.00 w /m ______10 2520 62.00 w /m ? 16 6540 49.00 w /m .1 C o o k in g a n d kitc h e n u te n sils______691 67.00 w /m . Welders and welding equipment------2196 74.00 w /m ______.... 17 5220 63.25 w /m . 6 54.00 w /m .2 1862 87.00 w /m ..______38 5220 63.25 w /m . 89 7040 42.75 w /m . Service station equipment...... Copper, cable, rods, sheets...... - 599 81.00 w /m . 523 87.00 w /m ______67 2520-05 ■52.00 w /m ? 45.00 w /m ? Copy machine chemicals______F u rn itu re , n e w ______865 78.00 w /m . 73 4360 44 2520-10 60.25 w /m ? 52 51.25 w /m ? 707 82.25 w /m ______58 2520-05 52.00 w /m . a 52.25 w /m ? Plasticizer, resin______; G e o g ra p h ic a l g l É b e s . . l . j . j . i . J „ . i , 4 - 875 75.26 w /m . 44 5820 37 2520-10 60.25 w /m ? 3 73.25 w /m .3 1380 83.25 w / m ...... 60 2520-05 52.00 w /m ? 49.00 w /m ? Anolamines...... G lasses, p a c k in g a n d t u m b l e r s ...... 906 68.00 w /m . 18 6540 38 2520-10 60.25 w /m ? 7 54.00 w /m ? Poly vinylchoride...... '...... — 1778 ■64.75 w ...... _____ 11 2280 68.25 w . 58 928Q 44.75 w /m . Glass, plate ...... 914 70.75 w /m . Resins, synthetic______1777 70.50«)...... 21 1670-05 58.60 W. G la s s w a r e ...... ______908 71.25 W/m. 36 9340 52.50 W /m ? 21 1670-10 58.25 W. 13 9280 44.75 w /m . Compound or powder__ sss..-*...___ Glassware, machine made ______908 50.60 w /m . Machinery, n.o.s______1325 87.00 w / m ...... 38 5220 63.25 w /m : H o u s e — p re fa b ______1003 75.00 w /m . 66 6250 45.25 w /m . 18 5220 63.25 w /m . Machinery, n.o.s.: Heaters, air, industrial______957A 74.50 w /m . 1325 87.00 w / m ...... 67 4915 52.00 w /m : 13 1200 77.00 w /m . Generators, portable______Household goods and personal effects . 1 0 0 0 87.00 w /m . 1235 87.00 w /m ______88 4910 46.25 w /m . 18 5220 63.25 w /m . Generators, power station...... B lo w e r s ______957A 74.50 w /m . 1325 87.00 w /m ...... 38 5060 63.25 w /m . 67 5820 52.25 w /m ? Chain saws...... Ink, n.o.S-.j______1015 87.00 w /m . 1325 87.00 w / m ...... 38 5100 63.25 w /m . 19 73.25 w /m ? Pumps, fire, power______1325 87.00 w / m ...... 38 5100 63.25 w /m . 88 5150 46.25 w /m . Pumps, gasoline, power______Steam turbines. 1325 87.00 w /m . 668 70.00 w /m ______11 4800 63.25 w /m . 88 ' 5210 46.25 w /m . Machines, coin operated______Water turbines.. 1325 87.00«)/»». 1325 87.00 w /m ______38 6220 63.25 w /m . 67 2520-05 62.00 w /m ? Shoe machinery___ '.____ ....______In secticides______1023 87.00 w /m . Machines, sewing...... 1329 76.50 w /m ...... 29 5140 59.26 w /m . 44 60.25 w /m ? 47 5140 59.25 w /m .

1328 87.00 w /m ...... NOTICES 108 1240 41.75 w /m . Domestic straight stitch______Insulators, electric______:_____ . . . . 1027 87.00 w /m . Machines, office, n.o.s...... 1326 87.00 w /m ...... 38 4840 63.25 w /m ? 1 Tile, ceramic ______2105 61.50 w /m . 47 1300 41.75 w /m . 9 79.60 « )/ » » .« 7 4240 48.00 w /m . Including computers and parts------Tile, nonceramic (floor)... ______2103 51.25 w /m . Machines washing, household and 1327 70.25 w /m ...... 62 3655 43.25 w /m . I r o n a n d steel, a n gles b a rs a n d b e a m s . 1050 48.76 lt/m . 67 7180 O p e n m in . $31. 67 7180 O p e n m in . $31. dryers. Ir o n a n d steel b ille ts, bo lts a n d 1062 61.75 tt/m. Typewriters...... 2167 87.00 w /m ______42 5180 61.25 « ) / » » . « forgings. 16 74.75 w /m ? * 73 7530 42.75 w /m . Steel structural, n.o.s______. . . . 1073 73.85 lt/m . 450 87.00 w /m ______29 9999-05 67.50 w /m ? 1 46 8140 59.75 U /m . Cargo, n.o.s...... — Stainless steel pipes or tubes ______2021 87.00 lt/m . 450 87.00 w /m ______90 6020 45.75 w /m . 61 3660 54.00 w /m . Crayons as cargo, n.o.s...... Flashlights ______450 87.00 w /m . Pencils as cargo, n.o.s...... 450 87.00 w /m ...... 67 5820 52.25 w /m .u Lam ps and lanterns ______1117 72.25 w /m . 63 3660 44.25 w /m ? 19 73.25 w /m .u 38 52.25 w /m ? 450 87.00 w /m ______90 6570 45.75 w /m .u 3655 43.25 w /m . Compacts manicure implements as Laundry equipment-...... 1327 70.25 w/m...... x: 62 cargo, n.o.s. 47 69.00 w /m ? * L iq u o rs : Musical instruments, other than 450 87.00 w /m ___...... 90 6340 45.75 w /m .u Beer...... ______255 58.50w /m ....—...¡r.i. 0.4 1440-05 58.75 w /m . 41 61.50 w /m ? * 23 1440-11 62.25 w /m . pianos. W in e ______2201 76.75 w/m...... Tools, electric, hand_____-______2135A 87.00 w /m ...... 38 5060 63.25 w /m . 38 5000 61.00 w /m . 45.75 w /m . ** M o to rs, o u t b o a r d ______1389 70.26 w/m______Tools, other than electric...... —2135A 87.00 w /m ______90 6980 Office supplies______1545 87.00 w /m ...... 67 5820-05 52.25 w /m ? 47 59.00 w /m . » 19 5820-10 73.25 w /m ? (stationery) Coffee, instant__zusn_____...... 566 77.25 w /m ...... _i. .■ 48 1660 52.25 w/mx 25 9370 45.75 w /m . Paper boxes______338 57.00 « )/ »»_ ..s s s s s s s s ia Nonmilk creamer....Ki.—...v.7iv*.v 1360 1660 52.25 w/mx 36 9400 62.25 w /m ? P a p e r ta p e , c lo th ______2087 71.00 W / D U . . . A Ò : » 2092 82.25 w /m ...... 85 1640 44.50 w/mx 76 9480 , 62.25 w /m . Tea, instant...... P la s tic sheets, film ______1626 92.00 w/m...... 127 6 1420 44.00 w/mx 37 9480 52.25 w /m . Food, dog or cat, canned______Cellulose and celophane film ...... 472 71.50 w/m...... Wallboard, fiber and hardwood_____ 290 58.00 w /m ______39 42.60 41.75 w/mx 47 4500 59.00 w /m . Hardware as, cargo n.o.s.,______450 87.00 w/m...... 725 85 4340 40.25 w/mx 31 4540-05 43.50 w /m . Doors, wooden______P lu m b in g m a te ria l a n d p a r t s ...... 1630 57.00 w/m...... Circuit breakers______... 742A 87.00 w /m ...... 78 4750 49.00 w/mx Control valves, shower, sink and 1630 57.00 w/m...... 31 4540 43.50 w /m . lavatories. P ig m e n ts d r y p a i n t ..______732 72.75 w/m...... 40 2520-05 52.00 w /m ? ° 1 N o t exceedin g $600 p e r re v e n u e to n f.o .b . Ir o n o x id e ..'...... 466 71.25 w/m...... — 18 2520-10 60.25 w /m ? * a E x c e e d in g $600 p e r re v e n u e to n f.o .b . P ia n o s ...... 1602 86.75 w/m...... 90 6340-05 45.75 w /m ?° » N o t exceedin g $500 p e r re v e n u e t o n f.o .b . 41 6340-10 61.50 w/m ?* « E x c e e d in g $500 p e r re v e n u e to n f.o .b . Radios and parts ____ !...... 2068 87.00 w /m . 47 3610 59.00 w /m . * N ot exceeding $800 per revenue ton f.o.b; Television sets...f ______2068 87.00 w /m . 68 4110 51.75 w /m . « U n d e r $300 p e r re v e n u e to n f.o .b . P a rts for a s s e m b ly ...... 2068 68.00w /m . 15 4160 59.00 w /m . I O v e r $300 p e r re v e n u e to n f.o .b . B o a d m a k in g im p lem en ts a n d p a r t s . 1782 87.00 w /m . 38 5220 63.25 w /m . * U n d e r $600 p e r re v e n u e to n f.o .b . Refrigerators____;______1774 65.00 w /m . 50 3655 43.25 w /m . * O v e r $600 p e r re v e n u e to n f.o .b . Ranges, domestic stoves...... 2030 72.50w /m . 48 4380-10 49.00 w /m . io U n d e r $600 f.o .b . v a lu e . Shoes: II O v e r $600 f.o .b . v a lu e . ' . L e a th e r______551 87.00 w /m . 77 6200 49.25 w/m-. »a V a lu e n o t exceedin g $1,600 p e r r e v e n u e to n f.o .b . Canvas and rubber ______326 87.00w /m . 77 6200 49.25 w /m . » V a lu e o v e r $1,600 to $3,000 p e r re v e n u e to n f.o .b , Steel sheets and coils____s...... 1064 44.00 lt/m . 42 7180 O p e n m in . $311 14 V a lu e exceedin g $1,600 p e r re v e n u e to n f.o .b . M in . 1,000 tons u V a lu e n o t exceedin g $600 p e r re v e n u e to n f.o .b . T o y s a n d gam es, n .o .s ______2137 57.50 w /m . 26 6020 45.75 w /m . ia V a lu e exceedin g $600 p e r re v e n u e to n f.o »b. 46 5160 52.00 w /m . T ra c to rs ______. . . 2141 75.75 w /m . [FR Doc.73-10727 Filed 6-4-7&;8:45 am] Tractors parts, n.o.s ______2141A 74.00 w /m . 42 6160 62.00 w /m . FEDERAL REGISTER, VOL. 38, i. 107— TUESDAY, JUNE 5, 1973 NOTICES 14767

[Docket No. 73-29] impose no obligation on the part of the time Commission we are required to elimi­ conferences to eliminate or justify rate' nate such a disparity unless we provide you PUBLICATION OF DISCRIMINATORY with appropriate justification. RATES IN THE U.S. ATLANTIC AND disparities in considering shippers’ re­ GULF/JAPAN TRADE quests or even to. inform shippers that It is further ordered, That pursuant to a disparity may exist. sections 22, 21, and 15 of the Shipping Order To Show Cause The Commission is of the opinion that Act, 1916, respondent conferences be The conferences and carriers named it is not in the public interest for the ordered to show cause why their present in appendix A, attached below, operate conferences to totally ignore the exist­ procedures regarding reporting of ship­ inter alia, in the foreign commerce of the ence of disparities in their negotiations pers’ requests and complaints pursuant United States in the trade between U.S. with shippers and to fail to advise ship­ to general order 14 should not be modi­ Atlantic and Gulf ports and Japan, and pers that they are entitled to request fied to require that in those instances in publish their rates in tariffs on file with and obtain rate adjustments if the con­ which the basis of the shippers’ requests the Federal Maritime Commission. A re­ ferences are. unable to justify the exist­ and complaints, in whole or in part is a view of certain rates published in these ence of a rate disparity. rate disparity, this fact to be specified. tariffs shown in appendix B, attached Furthermore, the Commission is of the I t is further ordered, That this pro­ below, reveals that significant dispari­ opinion that given the existence of a ceeding shall be limited to the submission ties exist between export and import number of rate disparities published in of affidavits of fact that memoranda of rates. Despite the fact that the named the tariffs of the named conferences law, replies thereto, and oral argument, carriers offer a transportation service in which, if unjustified, would constitute if requested and/or deemed necessary by both directions of the subject trade, the unlawful discrimination, the confer­ the Commission. Should any par£y feel lower rates are generally applicable to ences’ request and complaint procedures that an evidentiary hearing is required, the commodities concerned only if they which totally ignore such disparities and that party must accompany any request are carried in the inbound trade. These give no warning to shippers of their for such hearing with a statement setting carriers, therefore, charge significantly rights under the circumstances are not forth in detail the facts to be proved, different rates for what appear in all re­ fair or reasonable within the meaning of their relevance to the issues in this pro­ spects to be like services differing only section 15 of the Shipping Act, 1916. ceeding, and why such proof cannot be in directional movement. Thus, shippers The Commission is also of the opinion submitted through affidavit. Request for of like traffic will not enjoy the same or that the conferences’ present procedures hearing shall be filed on or before June even approximately equivalent rates and, regarding reporting of shippers’ requests 20, 1973. Affidavits of fact and memo­ specifically, American exporters will be and complaints, pursuant to the Com­ randa of law shall be filed by respondents charged rates significantly higher than mission’s General Order 14, do not suffi­ and served upon all parties no later than their Japanese counterparts. ciently inform the Commission as to the close of business June 20,1973. Reply The Commission is aware of no trans­ whether the particular complaint is affidavits and memoranda shall be filed portation circumstances or conditions based upon disparities, thus hindering by the Commission’s Bureau of Hearing which would justify the establishment or the Commission in discharging its re­ Counsel and intervenors, if any, no later maintenance by the named carriers of sponsibilities to eliminate unjust dis­ than the close of business July 11, 1973. discriminatory rates in the manner crimination based upon such disparities. Oral argument will be scheduled at a described. later if requested and/or deemed neces­ Now, therefore, it is ordered, That pur­ sary by the Commission. Section 17 of the Shipping Act, 1916, suant to sections 22 and 17 of the Ship­ provides, in pertinent part, that “ * * * ping Act, 1916, the conferences and car­ It is further ordered, That a notice no common carrier by water in foreign ederal riers named in appendix A be named of this order be published in the F commerce shall demand, charge, or col­ R eg ister and that a copy thereof be lect any rate, fare, or charge which is respondents in this proceeding and that they be ordered to show cause why the served upon respondents. unjustly discriminatory between ship­ Commission should not order the Unjust It is further ordered, That persons pers * * *. Whenever the Commission other than those already parties to this finds that any such rate, fare, or charge, discrimination existing in their export/ import rate structures as set forth in proceeding who desire to become parties is demanded, charged, or collected, it may to this proceeding and to participate alter the same to the extent necessary appendix B to be eliminated by increas­ ing rates for their inbound services to therein shall file a petition to intervene to correct such unjust discrimination pursuant to rule 5(1) of the Commis­ * * * and make an order that the car­ the level of the outbound rates, or by reducing the comparable rates charged sion’s rules of practice and procedure (46 rier shall discontinue demanding, charg­ CFR § 502.72) no later than the close of ing, or collecting any such unjustly dis­ by respondents in their outbound serv­ ices, or by changing rates in both direc­ business June 6,1973. criminatory * * * rate, fare, or charge.” I t is further ordered, That all docu­ In the Commission’s opinion, therefore, tions so as to eliminate rate disparities on the commodities in question. ments submitted by any party of record unless the carriers can offer valid rea­ in this proceeding shall be directed to the sons which would justify these rates, It is further ordered, That pursuant to sections 22 and 15 of the Shipping Act, Secretary, Federal Maritime Commis­ they are charging rates which must be sion, Washington, D.C. 20573, in an orig­ considered to be unjustly discriminatory 191<>, respondent conferences be ordered to show cause why their shipper request inal and 15 copies as well as being mailed between shippers in violation of section directly to all parties of record. 17 of the Shipping Act, 1916, 46 U.S.C. and complaint procedures should not be § 816. modified so as to require the conferences By the Commission. Section 15 of the Shipping Act, 1916, to advise shippers of their right to seek rate adjustments if shippers show the [ s e a l ] F r a n c is C. H u r n e y , authorizes the Commission to disap- Secretary. prove, cancel, or modify any agreement existence of a rate disparity and to ob­ that it finds to be unjustly discrimina­ tain an adjustment if the conferences Appendix “A ” tory or unfair as between carriers, ship­ are unable to justify the disparity specif­ FAB EAST CONFERENCE ically by publishing in the conference pers, exporters, importers, or ports, to Gerald J. Flynn, chairman, 11 Broadway, New operate to the detriment of the com­ rate application forms furnished to York, N.Y. 10004. merce of the United States, to be con­ shippers the following or substantially American Export Lines, Inc., 26 Broadway, trary to the public interest, or to be in similar language in clear type: New York, N.Y. 10004. violation of the Shipping Act. This sec­ Notice to shipper— You are entitled to re­ American President Lines, Ltd., International tion also provides that the Commission quest a rate adjustment for your commodity Bldg., 601 California St., San Francisco, shall disapprove any such agreement be­ if you can show that there is a lower rate Calif. 94108. cause of failure or refusal to adopt and applicable to the same or like commodity Barber Lines, A/S, P.O. Box 1330, Vika, Oslo maintain reasonable procedures for which moves or may move in the import 1, Norway. promptly and fairly hearing and consid­ (export) trade as published in the tariff of Blue Sea Line, joint service Blue Funnel the Japan Atlantic & Gulf Freight Confer­ Line, Ltd., India Bldgs., Water St., Liver­ ering shippers’ requests and complaints. ence (Far East Conference). Please indicate pool L2 ORB, England. The present procedures observed by if you are basing your request on such a The Swedish East Asia Co., Ltd., P.O. Box the conferences named in appendix A comparison. By order of the Federal Mari­ 2524, 403 17 Gothenburg 2, Sweden.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14768 NOTICES

Japan Line, Ltd., Kishimoto Bldg., 2-18 R ate Comparisons Between Far East Conference (U.S. Atlantic and Gulf Coast Ports) Marunouchi, Chiyoda-ku, Tokyo, Japan. and Japan-Atlantic and Gulf Conference (Japanese Ports) Kawasaki Kisen Kaisha, Ltd., 8 Kaigan-Dori, Ikuta-ku, Kobe, Japan. 1. Rates listed are quoted as of April 25,1973. Lykes Bros. Steamship Co., Inc., P.O. Box 2. Rate quotations are subject to a currency adjustment charge of 8.5 percent in the Far 53068, New Orleans, La. 70150. East Conference and 10 percent in the Japan-Atlantic and Gulf Freight Conference. Maritime Oo. of the Philippines, Inc., 205 3. Far Eastt Conference rates are subject to general increase of 10 percent effective June 1, Juan Luna, Manila, Philippines. 1973, thereby further widening the rate disparities listed herein. Mitsui, O.S.K. Lines, Ltd., 3-3, 5-chome, 4. Key to symbols: Akasaka Minato-ku, Tokyo, Japan. A. P. Moller-Maersk Line, joint service Damp- w = 2,000 pounds, skibsselskabet Af 1912 Aktieselskab Aktie- m = 4 0 cubic feet. selskabet Dampskibsselskabet Svendborg, w /m — 40 cubic feet or 2,000 pounds whichever produces the greater revenue. A. P. Moller, 8 Kongens Nytorv, Copenhagen It—2,240 pounds. K, Denmark. Zf/m =40 cubic feet or 2,240 pounds whichever produces the greater revenue. Nippon Yusen Kaisha, Ltd., 3—2, Marunouchi 2, Chome, Chiyoda-ku, Tokyo, Japan , A ppendix B (postal code 100).

Sea-Land Service, Inc., Fleet and Corbin Sts., Far East Freight Conference Japan Atlantic and G ulf Freight Conference P.O. Box 1050, Elizabeth, N.J. 07207. States Marine Lines, joint service States Ma­ O u t b o u n d I n b o u n d rine International, Inc., Global Bulk Trans­

port Inc., Isthmian Lines, Inc., High Ridge P e rc e n t Park, P.O. Box 1540, Stamford, Conn. 06904. Commodity description Item R a t e o f R a t e It e m Thai Mercantile Marine Ltd., rooms 2-3, sixth d is p a rity floor, Bangkok Bank Bldg., 300 Silom Rd.,

Bangkok, Thailand. A b r a s iv e s ...... 10 77.50 w /m ______41 55.00 w /m ______. . . 2740. United Philippine Lines, Inc., United Philip­ Abrasive paper ______. ______.... 066 101.25 w /m ______87 54.25 w /m 1______. . . 5980. pine Lines Bldg., Santa Clara Sit., Walled 48 68.26 w /m 2...... City, Manila, Philippines. Additives, nonhazardous n.o.s______090 72.25 w /m ...... 15 62.75 w /m i...... 2520. 00 72.25 w /m 2...... United States Lines, Inc. (American Pioneer Agriculture implements and parts. 112 82.00 w /m ...... 61 54.25 w /m «...... 5980. Line), 1 Broadway, New York, N.Y. 10004. 20 68.25 w /m 2______Waterman Steamship Corp-. 140 Broadway, A lc o h o ls ...... 140 93.25 tc/jn.'ik.______49 62.75 w /m . . . 2520. New York, N.Y. 10005. 29 72.25 w /m 2...... A lu m in u m b a rs , ro d s ...... 160 58.50 w /m _____ ..... 12 52.00 w /m ...... 6620. Yamashita-Shinnihon Steamship Co., Ltd., Automobiles freight and passenger. 242 35 44.75 w /m ...... 5280. sixth floor, Palace-Side Bldg., No. 1, Take- Autom obile parts and accessories, 244 60.50 w / m . . . . ______34 45.25 w /m 12______5320 P a n e l group. hira-cho, Chiyoda-ku, Tokyo, Japan. -10 67.25 w /m u ...... Zim Israel Navigation Co., Ltd. (Zim Con­ Athletic equipment viz golf clubs 236 92.00 w /m ____*.______70 54.25 w /m 3______. . . . 5920. a n d b a g s. 13 81.25 w /m tainer Service Division) (Zim-American B a n d a g e s ...... 280 82.50 w /m ...... 34 61.50 w /m *...... ____ 9999 C a rg o n.o.s. Israeli Shipping Co., Inc., General Agents), 5 78.75 w /m 3...... 207-209 Hameginim Ave., Haifa, Israel. -22 105.75 w /m i ____ Batteries, -dry ______307 109.50 w /m ...... 63 67.00 w /m ______. . . . 3610. Japan-Atlantic & Gtjlf Freight Conference Beverages, concentrated. 343 97.25 w /m ______58 61.50 w /m *...... 9999 G e n e ra l cargo. 23 78.75 w /m «...... James E. Mazure, Chairman, Sumitomo Sei- -8 105.75 w /m i ____ mei Yaesu Bldg., 3, Yaesu 4-chome, Chuo- Flavoring extract______343 97.25 w /m ______63 59.75 w /m ______. r r . 1665. 8 89.75 w /m ______ku, Tokyo 104, Japan. Bolts and nuts ...... 1353 56.00 w /m 2240# 11 50.25 w /m ...... 7200. American Export Lines, Inc., 17 Battery PI., eft. New York, N.Y. 10004. Boilers, domestic heating ------384 68.75 w /m ______9 63.25 w / m . ______. . . . 4380. American President Lines, Ltd., 601 Califor­ Books and magazines...... 404 71.25 w /m ...... 23 57.75 w /m 1_____ . . . . 5760. -19 88.25 w /m 2_____ nia St., San Francisco, Calif. 94108. Books (childrens)______404 71 2R m /m 31 54.25 w /m ...... 6020. Barber Lines A/S, Dronning Mauds Gate No. Brick, Fire ...... 442 62.25 w /m ______19 52.50 w /m ...... 2780. C a m e ra s ...... 2161 90.25 w /m ...... 9 83.00 w /m 1_____ . . . . 6600. 1, Oslo 2, Norway (P.O. Box No. 1330, Vika, -18 109.75 w /m 2____ Oslo 1). Candy and confectionery...... 486 94.00 w /m ...... 71 55.00 w /m ...... 1480. Blue Sea Line: Carbon, activated; in drums ______508 80.26 w /m ...... 28 62.76 w /m »_____ 2520. 11 The Swedish East Asia Co., Ltd., 403 17 72.25 w /m 2_____ Carbon, activated, other than 508 100.50 w 2000# u p 60 62.75 w /m >_____ . . . . 2520. Gothenburg 2, Sweden (Box 2524). drums, viz paper bags (stowage to 80 eft. 39 72.25 w /m 2_____ Ocean Transport & Trading Ltd., India factor 29). Bldgs., Liverpool, L2-ORB, England (as C a rp e tin g ...... 540 65.25 w /m u n d e r 52 43.00 w /m ...... 4200 E x c e p t wool, $2 y d . to 70.60 13 57.75 w /m » ...... w o o l in cluded. one member or party on ly ). w /m over $2 yd. -25 87.50 w /m 2...... Japan Line, Ltd., Kokusai Bldg., 1—1, Maru­ 64 43.00 w /m ...... nouchi 3-Chome, Chiyoda-ku, Tokyo, 100 22 57.75 w /m ...... -19 87.50 w /m ...... Japan. Chemicals, Non Hazardous n.o.s... 586 91.25 w /m ______45 62.75 w /m *______. . . 2520. Kawasaki Kisen Kaisha, Ltd., 8 Kaigan Dori, 26 72.25 w /m 2______Ikuta-ku, Kobe, 650 Japan. Cooking and kitchen utensils______688 61.25 w /m ______14 53.50 w /m i®...... 6540. -25 81.25 w /m » ...... Lykes Bros. Steamship Co., Inc., Lykes Cen­ Copper, cable, rods, sheets------700 85.25 w /m ______; 79 47.50 w /m ...... 7040. ter, 300 Poydras St., New Orleans, La. 70130. Fertilizer pacxed ______1000 44.10 U /m .. — . . . 33 33.25 It...... 3120. Furniture, n ew .. ______1094 85.00 w /m ____; ______81 47.00 w /m i2- . . . _ . . . 4360. Mitsui O.S.K. Lines, Ltd., 3-3, Akasaka 5- 59 53.50 w /m » ...... chome, Minato-ku, Tokyo, 107 Japan. 43 59.25 w /m u ...... A. P. Moller-Maersk Line, Dampskibsselskabet -Glasses packing and tumblers. 1170 ' 63.50 w /m ....~ .______19 53.50 w /m i®...... 6540. -22 81.25 w /m » ...... af 1912 Aktieselskab Aktieselskabet Damp­ Glass plate ______1158 76.00 w /m ____; ...... 22 61.50 w /m i ______. . . . 9340. skibsselskabet Svendborg (as one party -12 85.50 w /m 2...... only), 8, Kongens Nytorv, Copenhagen K., Glassware, common not cut... 1174 76.25 w /m ____i ______22 61.50 w /m *______.... 9340.^ Denmark. -12 85.50 w /m 2...... Heaters, air industrial______1236 97.25 w /m ____; ______54 63.25 w /m ...... 4400. . . 5220 M a c h in e ry Nippon Yusen Kaisha, 3-2, Marunouchi 2- H e a te rs, b lo w e rs ______.. 1236 97.25 w /m ______31 74.26 w /m ...... chome, Chiyoda-ku, Tokyo, 100 Japan. n .o.s. I n k ------1282 92.50 w /m ____; ____ ; 60 57.75 w /m i ...... 5820. Sea-Land Service, Inc., Fleet and Corbin Sts., 5 88.25 w /m 2...... 2520 C h e m ic a l Elizabeth, N.J. 07207. Insecticides------2441 92.25 w /m ______; 47 62.75 w /m i ___ _ n.o.s. United States Lines, Inc., 1 Broadway, New 28 72.25 w / m 2. York, N.Y. 10004. Insulators, electric___ 1------1298 93.76 w/m....—..— 87 50.25 w /m .. 1240. 7180 O p e n M in . Iron and steel, angles, bars and 1351 53.25 l t / m . . ^ . ____ 64 32.50 U /m Waterman Steamship Corp., 120 W all St., 1000 U/m . b e a m s. 7180 O p e n M in . New York, N.Y. 10005. I r o n a n d steel, b ille ts bo lts fo rg in g s. 1353 56.00 72 32.50 U /m 1000 U /m . Yamashita-Shinnihon Steamship Oo., Ltd., 7420 O p e n M in . Iron and steel pipes and tubes 6 " to 1368 57.50 49 38.50 U /m 750 It/m. Palaceside Bldg., 1-1, Hitotsubashl 1- 26". 3660 L a m p s Lam ps and parts. 1450 98.00 86 62.75 w /m » . chome, Chiyoda-ku, Tokyo, 100 Japan. electric. 68 58.25w / m « . 6300 Nonelectric. Zim Container Service F.E. (a division of Zim 6300 Nonelectric. Israel Navigation Co., Ltd.) 207/209 Hame­ 44 68.25 w /m i». ginim Ave., Haifa, Israel. See footnotes at end of table.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 A p p e n d ix B — Continued A p p e n d ix B — Continued

Far East Freight Conference Japan Atlantic and Gulf Freight Conference Far East Freight Conference Japan Atlantic and Gulf Freight Conference

O u tb o u n d Inbound O u tb o u n d In b o u n d

> Percent P erc e n t Commodity description Item Rate of Rate Item Commodity description Ite m R a te o f R a te Ite m disparity d is p a rity

Laundry equipment...... 1661 76.75 w/m...... 63 47.00 w/m...... 3655. Generators, portable ...... 1650 93.50 w /m ...... 48 63.00 w /m ...... 5020. Liquors, Beer and Wine: 26 74.25 w / m K . ______5220 m a c h in e ry B e e r ______0330 63.26 w/m...... 1 62.50 w/m_____ .... 1440. n.o.s. W i n e s . . . , ...... 3075 83.50 w/m...... 29 64.75 w/m_____ C h a in s a w s ...... 1650 93.50 w /m ...... 26 74.25 w /m ______5060 p o w e r tools. Lithium viz bromide butyl 1660 87.75 w/m...... 40 62.75 w/m *____ Generators not portable ...... 1650 93.50 w /m ______. . . ' 26 74.25 w /m ______5220 m a c h in e ry carbon ate. n.o.s. n.o.s. 21 72.25 w/m a____ Pumps, firepower...... 1650 93.50 w /m ...... 26 74.25 w / m ______5100. Motors, outboard ...... 1797 93.50 w/m...... 48 63.00 w/m...... 5000. Pumps, gasoline pow er...... 1650 93.50 w / m . . ____ 26 74.25 w / m . . * Office supplies______■. 2048 98.00 w/m...... 70 57.75 w/m t...... 5820. Machines coin operated ...... 1659 93.50 w /m ______26 74.25 w /m ___ ...... 4800. 11 88.25 w/m *...... Shoe m a c h in e ry ...... 1665 83.00 w / m ...... 12 74.25 w /m ___ ...... 5220 m ach in ery P a p e r boxes...... 426 61.75 w/m...... 0.4 61.60 w/m *____.... 3480. n.o.s. -21 78.25 w/m a...... M ach in es: Paper tape, cellophane cloth ...... 33 S e w i n g ...... 1663 40 66.75 w /m . . . 2894 76.76 w/m...... -15 67.75 w/m 1____.... 9400. D o m e s t ic ...... 1663 40 66.75 w / m . . . 90.00 w/m a Office including computers 1665 103.00 w /m ______39 74.25 w /m • * ! Plastic sheets, film ...... 2194 98.00 w/m— . 71 57.25 w/m...... 9480. a n d parts. Cellulose and cellophane film 664 76.25 w/m...... 33 57.25 w/m...... 9480. -3 105.75 w /m 77, Plum bing material and parts. 2204 98.00 w/m______. 114-68 46.75 w/m...... 4540. Typewriters...... 3007 103.00 w / m . . . . . 43 72.25 w /m *«_,- i - z - a 5180. to 39 74.25 w /m *7_ 68.25 w/m Cargo n.o.s ...... 535 101.00 w /m ______64 61.50 w /m 5 Control valves, shower sink, and 2202 76.75 w/m...... 68 45.76 w/m_____ ... 4540. 28 78.75 w /m * . . .. - :■ . . lavoratories. -4 105.75 w /m Pigments and dry paints ...... 906 77.25 w/m...... 23 62.75 w/m t...... 2520. C ra y o n s (as cargo n .o .s .)...... 535 101.00 w /m ...... 86 54.25 w /m ____ 6 72.75 w/m2...... d e x e d ). P ia n o s ...... 2165 80.50 w/m...... 48 54.25 w/m1...... 6340. Pencils (as cargo n.o.s.)...... 535 101.00 w /m ...... 75 57.75 » / m i . . 6820.

12 71.75 w/m3 14 88.25 w /m 2_. NOTICES R a d io s ...... 2876 92.00 w/m...... 37 67.00 w/m______3610. Compacts, manicure implements 535 101.0d w /m ...... 86 54.25 w /m ____ zz 6570. Radio parts.... ______2876 75.00 w/m...... 12 67.00 w/m...... (a s c argo n .o .s.). 48 68.25 w /m 7_. gootis and Seasoned bread inix (as cargo 535 101.00 w /m ...... 69 69.75 w /m ____ supplies, n.o.i . n .o .s.). packed in tins, Television sets______2876 92.00 w/m...... 40 65.50 w/m...... 4110. cans, or glass. Television parts for assembly ...... 2876 75.00 w/m______15 65.50 w/m...... 4110. 13 89.75 w /m ____ Roadmaking implements and 2486 94.00 W/m...... 37 74.25 w/m...... 5220. Musical Instruments other than 535 101.00 w /m ...... 86 54.25 w /m L . p arts. pianos (as cargo n.o.s.). 41 71.75 w /m » . . . Refrigerators: 2455 70.50 w/m...... Tools electric, hand ______2963 103.00 w /m ...... 39 74.25 w /m ____ Commercial...... 50 T o o ls n ot electric...... 2963 103.00 w /m ...... 90 54.25 w /m l. . . - . - = n 5980. D o m e s tic ...... 2455 70.50 w/m...... 50 47.00 w/m_____— 3655 Domestic. 51 68.25 w /m » . . . Ranges, domestic stoves...... 2832 80.50 w/m...... 50 53.50 vi/m_____.... 4380. Coffee instant...... 646 83.00 w /m ...... 39 59.75 w /m ____ ...... 1660. Shoes, le a th e r..______98,00 w/m...... 1501 87 52.50 w/m __ 6200. D essert, p re p a ra tio n s p o w d e r...... 836 82.00 w /m ...... 37 59.75 w /m ____ — 1660 (’G roceries’) Shoes, c an v as a n d r u b b e r ______0408 91.25 w/m...... 74 62.50 w/m...... 6200. packed in tins, S teel sheets a n d coils______1371 48.50 li/rn...... 49 32.50 It/rn...... cans, glass. Toys and games...... 2975 67.00 w/m...... 24 54.25 w/m ... 6020. -9 89.75 w /m ______.z O th er. Tractors and parts ______2979 80.25 w/m...... 27 63.00 w/m__ _... 5160. C a n n e d or b o ttle d food ______.- 490 82.00 w /m ______37 69.75 w /m ____ ...... -a 1660. Truck, forklift______57.76 w/m.___ - 2983 93.50 w/m..______62-39 Nonmilk cream er..... ______1763 78.75 w /m ...... ___ ’ 32 59.75 w /m .... to Tea instant______.______2907 88.00 w /m ...... 75 50.25 w /m ____ 67.25 w/m__ ...... 5160. Feed, livestock or poultry ______982 55.00 w / m ...... 8 51.00 w /m ____ 48 63.00 w/m...... 4880. Tire patches______..... 2939 89.75 w/m...... 21 74.25 w/m...... 9760. Oil, textile specialty com pound ____ 1894 81.50 w/m...... 30 62.75 w/m...... 2520. 13 72.25 w/m...... * V a lu e n ot exceeding $600 p e r re v e n u e ton . Welders and welding equipment ___ 3069 80.50 w/m...... 8 74.25 w/m_____ ... 5220. a V a lu e exceedin g $600 p e r re v e n u e ton . Welding rods...... 2494 85.50 w/m...... 70 50.25 w/m____ • __ 7555. * V a lu e n ot ex ceedin g $600 p e r re v e n u e ton . Service station equipment______2606 93.60 w/m...... 26 74.25 w/m_____ ... 5220. 4 Value exceeding $600 per revenue ton. Oil, lubricating...... 4305 63-26 w/m...... 32 48.00 w/m_____ ... 2600. 1 Va lu e n ot exceedin g $400 p e r re v e n u e ton. Copy machine chemicals______0586 9Í.25 w/m...... 45 62.75 w/m *______2520. * V a lu e exceedin g $400 b u t n ot exceedin g $600 p er re v e n u e ton. 26 72.25 w/m a____ 7 V a lu e exceeding $600 p e r re v e n u e ton . Plasticzer, resin ...... ______0868 87.76 w/m...... 40 62.75 w/m t_..._ ... 2520. * V a lu e n o t exceedin g $800 p e r re v e n u e ton . 21 72.25 w/m a...... * V a lu e exceedin g $800 p e r r e v e n u e ton . A n o la m in e s ______1783 88.00 w/m...... 40 62.75 w/m >- . -__ 2520. ' 10 Va lu e n ot exceedin g $1,200 p e r re v e n u e ton. 22 72.25 w/m a...... V a lu e exceeds $1,200 p e r re v e n u e ton. M onom ers...... 1787 87.75 w/m...... 40 62.75 w/m t__.._... 2520. •a V a lu e n ot exceedin g $300 p e r re v e n u e ton . 21 72.75 w/m a____ ta V a lu e exceeding $300 b u t n ot exceedin g $600 p er re v e n u e ton. Resins polyethelene polyvinyl­ 2480 69.50 w up to 80 10 63.00 w...... __ 2220. M V a lu e exceeding $500 p e r re v e n u e ton . ch lo rid e. eft. over 80 eft. 10 63.00 w______2280. « V a lu e exceedin g $300 p e r re v e n u e ton. 50¿/cft. 14 Va lu e n o t exceedin g $1,600 p e r re v e n u e ton . Resins synthetic compound or 2478 77.25 w up to 80'_ . 23 63.00 w ....____ ... 1670. 17 V a lu e exceeding $1,600 p e r re v e n u e ton . p o w d e r . Machinery n .o .s ...... 1650 93.50 w/m______26 74.25 w/m_____ .... 5220. [FR Doc.73-10728 Filed 6-4-73;8:45 am] 14769

FEDERAL REGISTER, VOL. 38, i. 107— TUESDAY, JUNE 5, 1973 14770 NOTICES

DEPARTMENT OF THE INTERIOR Massachusetts Nevada County Suffolk County Nevada City, Marsh, Martin Luther, House, National Park Service 254 Boulder Street. Boston, * Beacon Hill Historic District, North Bloomfield, Malakoff Diggins-North NATIONAL REGISTER OF HISTORIC bounded roughly by Beacon Street on the PLACES Bloomfield Historic District, Graniteville south, Embankment Road on the west, Star Route. By notice in the F ederal R eg ister of Cambridge Street on the north, and Han­ Sacramento County February 28,1973, part n, there was pub­ cock and Bowdoin Streets on the east. lished a list of the properties included in New York Sacramento, California State Capitol, be­ tween 10th and 16th Streets and L and N the National Register of Historic Places. Montgomery County This list has been amended by a notice Streets. in the F ederal R eg ister of March 6 (pp. Port Johnson Village, *Fort Johnson, junc­ San Bernardino County tion of New York 5 and 67. 6084-6086), April 10 (pp. 9095-9097), and Yermo vicinity, Calico Mountains Archeo­ May 1 (pp. 10745-10748). Further notice Ohio logical District, about 4.5 miles northeast of Yermo. • is given that certain amendments or re­ Wood and Wyandot Counties were listed visions in the nature of additions, dele­ erroneously under Oklahoma in the Febru­ San Mateo County tions, or corrections to the previously ary 28, 1973, issue of the Federal R egister. published list are adopted as set out Redwood City, Lathrop House, 627 Hamilton below. The following properties have been Street. added to the National Register since Colorado It is the responsibility of all Federal agencies to take cognizance of the prop­ May 1,1973: Denver County Alabama erties included in the National Register Denver, Tivoli Brewery Co., 1320-1348 10th as herein amended and revised in accord­ Bibb County Street. Douglas County ance with section 106 of the National Brierfield, Montebrier. Sedalia vicinity, The Church of St. Philip- Historic Preservation Act of 1966, 80 Stat. Calhoun County ( also in Talladega County) 915,16 U.S.C. 470. in-the-Field and Bear Canyon Cemetery, 5 The following properties have been de­ Coldwater, Coldwater Creek Covered Bridge, miles Souith of Sedalia on Colorado 105. molished and removed from the National spans Coldwater Creek 0.5 mile from 1-20. Pitkin County Register: Hale County Ghost Town, Independence and Independ­ Connecticut Greensboro, Magnolia Grove, west end of ence Mill Site, on Colorado 82. New Haven County Main Street. Delaware Greensboro vicinity, Tanglewood ( Page Har­ New Haven, First Telephone Exchange, 741 ris House), about 11 miles north of Kent County Chapel Street. Greensboro off Alabama 23. Camden, Camden Friends Meetinghouse, Michigan Madison County Commerce Street. Alger County Frederica vicinity, Barratt Hall, South of Normal, Domestic Science Building, Alabama Frederica off Delaware 372. Grand Marais, Hill’s Store, Grand Marais A. and M. University campus. Frederica vicinity, Mordington, south of Avenue. Frederica on Canterbury Road. Mobile County The following property has been re­ Leipsic, Ruth Mansion House, Main Street. Bucks vicinity, Ellicott Stone, about 1 mile Leipsic vicinity, Wheel of Fortune, south of moved from the National Register: south of Bucks off U A 43. Leipsic off Delaware 9. Smyrna vicinity, Bannister Hall and the Connecticut Montgomery County Baynard House, south of Smyrna off Dela­ Litchfield County Montgomery, Powder Magazine, end of Eu­ ware 300. Washington, Kirby Brook Site, The, Tunnel gene Street. Smyrna vicinity, Ivy Dale Farm, south of Smyrna off Delaware 9. and Curtis Road. Talladega County Woodland Beach vicinity, Sutton, Thomas, The following property has beeh Coldwater Creek Covered Bridge (See Cal­ House, Delaware 79, Woodland Beach Wild­ moved: houn County). life Area. Minnesota American Samoa New Castle County Scott County Western District, Aasu, at Massacre Bay. Hockessin vicinity, Coffee Run Mission Site, southeast of Hockessin off Delaware 48. Shakopee, Atwater, Isaac, House, Shakopee Arkansas Kirkwood vicinity, McCoy House, 1.5 miles Historic District, Memorial Park (previous­ Baxter County east of Kirkwood at Kirkwood and McCoy ly in Hennepin County). Norfolk, Wolf, Jacob, House, on Arkansas 5, Roads. Middletown, Greenlawn, North Broad Street. The following are corrections to previ­ west of fork of the White and North Fork Middletown vicinity, Cochran Grange, west ous listings in the F ederal R e g is t e r : Rivers. of Middletown on Delaware 4. California Craighead County Middletown vicinity, Hedgelawn, 1.2 miles west of Middletown on Delaware 4. Monterey County Jonesboro, Frierson House, 1112 South Main Street. Middletown vicinity, Naudain, Arnold S., Monterey, Stevenson House ( Monterey State House, south of Middletown off Delaware Historic Pa rk ), Houston Street between Pulaski County 71. New Castle, Glebe House, Delaware 9. Pearl and Webster. Little Rock, Trapnall Hall, 423 East Capitol New Castle, Lesley-Travers Mansion, 112 West Placer County Avenue. Randolph County Sixth Street. Roseville vicinity, Strap Ravine Nisenan New Castle, *Old Courthouse ( Old Colony Maidu Indian Site, north of Roseville, 1 Pocahontas, Old Randolph County Court­ and State H ouse), Delaware Street between mile east of intersection of Douglas Boule­ house, Broadway and Vance. Second and Third Streets. Newark vicinity, Cooch’s Bridge Historic Dis­ vard and Highway 80. California trict, north of Newark off Delaware 896. Newark vicinity, Mill Creek Friends Meeting­ San Luis Obispo County Contra Costa County house, 6 miles north of Newark on Landen- San Simeon vicinity, Hearst San Simeon Pinole, Fernandez, Bernardo, House, 100 Ten- burg Road. . _ State Historical Monument, about 3 miles nent Avenue. Newport, Red Clay Creek Presbyterian northeast of San Simeon. Church, corner of Mill Creek and McKen- El Dorado County Kansas nan’s Church Roads. Homewood vicinity, Sugar Pine Point State Odessa vicinity, Shallcross, Sereck, House, Shawnee County Park (Phipps-Hellmah-Ehrman Estate), west of Odessa off U.S. 13. „ , . Port Penn vicinity, Augustine Beach Hotel, Topeka vicinity, Pottawatomie Baptist Mis­ 3 miles south of Homewood on California south of Port Penn on Delaware 9. sion Site, west of Topeka. 89.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14771

St. Georges, Sutton House, Broad and Del­ Illinois Saline County aware Streets. Clinton County Salina, Schwartz, A. J., House, 636 East Iron Wilmington, McLane, Louis, House, 606 M ar­ Street. ket Street. Carlyle vicinity, Dean, General, Suspension Sedgwick County Wooddale, Wooddale Bridge, over Red Clay Bridge, east of Carlyle across the Kae- Creek off Delaware 48. kaskia River. Wichita, Campbell, B. H., House, 1155 North River Boulevard. Sussex County Cook County Wichita, Rock Island Depot, 729 East Douglas Milton, Draper-Adkins. House, 204 Federal Chicago, Kehilath Anshe Ma’ariv Synagogue Street. Street. (Pilgrim Baptist Church), 3301 South Kentucky District of Columbia Indiana Avenue. Bourbon County La Salle County Washington Paris, Duncan Tavern, 323 High Street (U.S. Canadian Embassy, 1746 Massachusetts Ave­ Ottawa, Washington Park Historic District, 68). nue NW . bounded by Jackson, La Salle, Lafayette, Paris, Paris Railroad Depot, between 10th Cosmos Club, 2121 Massachusetts Avenue NW. and Columbus Streets. Street and Winchester Pike. Paris vicinity, The Grange, 4 miles north of Evermay, 1623 28th Street NW. Logan County Franklin School, 13th and K Streets NW. Paris on U.S. 68. Holt House, Adams Mill Road, in National Lincoln, University Hall, 300 Keokuk Street. Boyle County Zoological Park. Randolph County *Hughes, Charles, Evans, House, 2223 R Street Danville, Boyle County Courthouse-Jail NW. Prairie du Rocher, Creole House, Market Complex, northeast corner of Main and McCormick Apartments, 1785 Massachusetts Street. Fourth Streets. Avenue NW . Indiana Franklin County *Memorial Continental Hall, 17th Street, be­ tween C and D Streets NW. Dearborn County Frankfort, Jackson Hall, East Main Street *National War College, P Street, between Aurora vicinity, Veraestau, about 1 mile (U.S. 60). Third and Fourth Streets SW., Fort Leslie south of Aurora on Indiana 56. Frankfort, Kentucky State Arsenal, Main J. McNair. Street and Capital Avenue (Arsenal H ill). national Zoological Park, 3000 block of Con­ Decatur County Frankfort, Kentucky State Capitol Building, necticut Avenue NW. Greensburg, Decatur County Courthouse, terminus of Capital Avenue. Old Post Office and Clock Tower, Pennsyl­ Courthouse Square. Jefferson County vania Avenue and 12th Street NW . St. Mary’s Episcopal Church, 730 23d Street Marion County Louisville, Ridgeway, 4095 Massie Avenue. NW. Indianapolis, Ayres, L. S., Annex Warehouse Lincoln County V.S. National Arboretum, 24th and R Streets ( 14-22 Elliott’s Block), Maryland Street. NE. Indianapolis, Benton House, 312 South Crab Orchard vicinity, Whitley, William, * Volta Bureau, 3414 Volta Place NW. Downey Avenue. House State Shrine, 2 miles west of Crab Orchard off U.S. 150. Florida , Vigo County Madison County Alachua County Terre Haute, Condit House, 629 Mulberry Street, Indiana State University campus. Big Hill vicinity, Merritt Jones Tavern, 1 mile Rochelle, Rochelle School, off Florida 234. Terre Haute, Sage-Robinson-Nagel House, south of Big Hill on U.S. 421. 1411 South Sixth Street. Dade County Scott County Coral Gables, Merrick Manor, 907 Coral Way. Iowa Georgetown, Branham House, 208 South Miami (Coconut Grove), Munroe, Ralph Dickinson County Broadway. House, 3485 Main Highway. Georgetown, Cantrill House, 324 East Jackson Arnolds Park, Spirit Lake Massacre Log Jefferson County Cabin, in Arnolds Park, west of Esther- Street. ville on U.S. 71. Georgetown, Royal Spring Park, west of Monticello vicinity, Lyndhurst Plantation, 15 Water Street and Broadway, between Clin­ .miles northeast of Monticello, off Ashville Van Buren County ton and Jefferson. Road. Keosauqua, Hotel Manningf River Street and Georgetown, Showalter House (McHatton Monroe County Van Buren. H ouse), 316 North Hamilton Street. Georgetown, Shropshire House, 355 East Main Key West, Goto Eduardo H., House, 1209 Webster County Street. Virginia Street. Fort Dodge, Vincent House, 824 Third Ave­ Georgetown vicinity, Allenhurst, west of Key West vicinity, Sand Key Lighthouse, 7 Georgetown on Cane Run Pike south of miles southwest of Key West on Sand Key. nue South. Kansas U.S. 460. Georgia Georgetown vicinity, Osburn House, 4 miles Butler County north of Georgetown on U.S. 25. Cdbb County Augusta, James, C. N., Cabin (Augusta His­ Georgetown vicinity, St. Francis Mission at Marietta vicinity, Sope Creek Ruins, east of torical M useum ), 305 State Street. White Sulphur, 7 miles west of Georgetown Marietta on Paper Mill Road. on U.S. 460. Doniphan County De Kalb County Georgetown vicinity, Ward Hall, about 1.5 White Cloud, White Cloud School, south­ miles west of Georgetown on U.S. 460. Atlanta, Callanwolde, 980 Briarcllff Road NE. west corner of Fifth and Main Streets. Wayne County Muscogee County Ellis County Mill Springs, Mill Springs Mill, off Kentucky Columbus, Swift-Kyle House, 303 12th Street. Hays, First Presbyterian Church, 100 West 90. Seventh Street. Richmond County Louisiana Jefferson County Augusta, Academy of Richmond County, 540 Ascension Parish Oskaloosa, Union Block, southwest corner of Telfair Street. Darrow vicinity, The Hermitage, 1.75 miles Delaware and Jefferson. Augusta, Brahe House, 456 Telfair Street. east of Darrow on Louisiana 942. Augusta, St. Paul’s Episcopal Church, Sixth Leavenworth County and Reynolds Streets. De Soto Parish Fort Leavenworth, Quarry Creek Archeologi­ Mansfield vicinity, Mansfield Battle Park, 4 cal Site (14LV401). Hawaii miles southeast of Mansfield on Louisiana Honolulu County Marion County 175. Orleans Parish Honolulu, Walker, H. Alexander, Residence, Hillsboro, Pioneer Adobe House ( Peter 2616 Pali Highway. Loewen Adobe House), U.S. 56 and south New Orleans, U.S. Mint, New Orleans Branch, Wahiawa vicinity, Kukaniloko Birthstones, Ash Street. 420 Esplanade Avenue. northwest of Wahiawa, off Hawaii 80. Waikane vicinity, Waikane Tara Flats, 1 mile Marshall County St. Martin Parish northwest of Waikane in Upper Waikane Marysville, Marysville Pony Express Barn, St. Martinsville, Acadian House, Longfellow Valley. 108 South Eighth Street. Evangeline State.Park on Louisiana 31.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14772 NOTICES

St. Mary Parish Kennebunk, Lord Mansion ( Clark Mansion), Boxford vicinity, Howe Village Historic Dis­ 20 Summer Street. trict, northeast of Boxford on Massachu­ Franklin vicinity, Oaklavm Manor, about 2 York, Old Schoolhouse, York Street (on the setts 97. miles northeast Of Franklin on Irish Bend Village G reen). Hamilton, Hamilton Historic District, Bay Road. Road (Nos. 540-700 and 563-641). West Feliciana Parish Maryland Lawrence, Mechanics Block Historic District, Weyanoke vicinity, Rosebank Plantation Allegany County 107-139 Garden Street, 6-38 Orchard House, southeast of Weyanoke off Louisiana Street. Cumberland, Old Post Office, southwest 66. Marblehead, * Glover, General. John, House, Maine corner of Frederick and Liberty Streets. 11 Glover Street. Anne Arundel County Salem, City Hall, 93 Washington Street. Cumberland County Wenham, Claflin-Richards House, 132 Main Cape Elizabeth, Portland Headlight, Port­ Davidsonville, Mount Airy, on Mount Airy Street. land Head, off Shore Road. Road off Maryland 424. Wenham, Wenham Historic District, both Freeport, Pettengill House and Farm, south Lothian vicinity, Burrages End, Nutwell Road sides of Main Street from Beverly city line of Bow Street. off Maryland 2. to Hamilton city line. Portland, Baxter, Percival P., House, 61 Deer- Baltimore County Franklin County ing Street. Portland, Dow, General Neal, House, 714 Brooklandville, Rockland Historic District, Charlemont vicinity, Mohawk Trail (see * Congress Street. both sides of Falls Road (Maryland 25) at Berkshire County). Portland, How, Daniel, House, 23 Danforth intersection of Old Court Road (Mary­ Hampden County Street. land 133). Portland, Mariner’s Church, 368-374 Fore Calvert County Holyoke, Wistariahurst, 238 Cabot Street. Street. Middlesex County Portland, Portland Observatory, 138 Congress Cove Point, Cove Point Lighthouse, off Mary­ Street. land 497. Cambridge, Cambridge Common Historic Franklin County Drum Point, Drum Point Lighthouse, at the District, 0-18 Garden Street; 1-13 Water- confluence of the Patuxent River and house Street; 1448, 1511-1553 Massachu­ North Jay, Holmes-Crafts Homestead, on Chesapeake Bay. setts Avenue; Cambridge and Peabody Maine 4 at Old North Jay Road. Streets. , . Cecil County Hancock County Cambridge, Fort Washington, 95 Waverly Earleville, Bohemia Farm, 1 mile south of Street. Ellsworth, Ellsworth Congregational Church, the Bohemia River off U.S. 213. Sudbury, Wayside Inn Historic District, Old State Street. Boston Post Road. Sedgwick, First Baptist Church, off Maine Frederick County 172. Point of Rocks, Point of Rocks Railroad Sta­ Norfolk County Dedham, *Norfolk County Courthouse, 650 Kennebec County tion, south side of U.S. 15, north side of B. & O. tracks. High Street. Augusta, Maine State House, Capitol Street. Harford County Plymouth County Lincoln County Hingham, * Lincoln, General Benjamin, Emmorton vicinity, St. Mary’s Church, south New Castle, St. Patrick’s Catholic Church, of Emmorton on Maryland 24. House, 181 North Street. Academy Road. Howard County Suffolk County Oxford County Daniels, Daniels Mill, Alberton Road. Boston, Blackstone Block, bounded by Union, Porter vicinity, Porter Old Meetinghouse, Hanover, Blackstone, and North Streets. north of Porter off Maine 26. Kent County Boston, Cyclorama Building, 543-547 Tre- mont Street. Penobscot County Fairlee vicinity, Fairlee Manor Camp House, Boston, Eliot, John, Square District, John 1.5 miles northwest of Fairlee, off Mary­ Bangor, Jonas Cutting-Edward Kent House, Eliot Square. land 445. 48-50 Penobscot Street. Boston, Old Corner Bookstore, northwest cor­ Bangor, Morse & Co. Office Building, Harlow Montgomery County ner of Washington and School Streets. Street. Boston, Roxbury High Fort, Beech Glen Bangor-Brewer, Site of Penobscot Expedition, Seneca, Seneca Quarry, Tschiffeley Mill Road. Street and Fort Avenue. Penobscot River between Bangor and Silver Spring, Milimar, 410 Randolph Road. Brewer, at the mouth of the Kenduskeag Worcester County Street. Prince Georges County Rutland, *Putnam, General Rufus, House, Bangor, St. John’s Catholic Church, York Laurel, Laurel Railroad Station, East Main 344 Main Street. Street. Street. West Boylston, Old Stone Church, off Mas­ Piscataquis County Riverdale, River dale (Calvert Mansion), sachusetts 140. Chesuncook, Chesuncook Village, northwest­ Riverdale Road between 18th and Taylor ern shore, Chesuncook Lake. Streets. Michigan Millinocket vicinity, Ambajejus Boom House, Queen Annas County Calhoun County about 11 miles northwest of Millinocket on the Ambajejus Lake. Centreville vicinity, Readbourne, about 5.4 Athens vicinity, Pine Creek Potawatomi Res­ miles northwest of Centreville. ervation, about 1 mile west of Athens. Somerset County Washington County Jackson County Madison vicinity, Old Point and Sebastian Rale Monument, south of Madison off Williamsport vicinity, Rose Hill, 0.5 mile Waterloo Township, Siebold Farm/Ruehle Alternate U.S. 201. south of Williamsport on Maryland 63. (Realy) Farm ( Waterloo Farm Museum), 9998 Waterloo Munith Road. Waldo County Massachusetts Marquette County Belfast, Belfast National Bank, Main and Barnstable County Lake Superior, Stannard Rock Lighthouse, off Beaver Streets. Chatham, *Brandeis, Louis, House, Neck Belfast, Masonic Temple, High Street (U.S. Lane. Keweenaw Peninsula. 1). Belfast, White, James P., House, 1 Chinch Berkshire County Missaukee County Street. Aetna Earthworks, Central Missaukee County. Winterport, Winterport Congregational Florida and Savoy vicinity, Mohawk Trad, Church, Alternate U.S. 1. along the bank of the Cold River (also in Ottawa County Franklin County). Washington County Lenox, Lenox Library, 18 Main Street. Spoonville Site, northwest Ottawa County. Machias, Burnham Tavern, Main Street. Essex County Presque Isle County East Machias, East Machias Historic District, High, Water, and Bridge Streets. Beverly, *Holmes, Oliver Wendell, House, 868 Presque Isle Township, Old Presque Isle Hall Street. Lighthouse, Presque Isle Harbor. York County Boxford, Boxford Village Historic District, St. Joseph County Biddeford, Biddeford City Hall, 205 Main Middleton and Topsfleld Roads and Main Street. and Elm Streets. Mendon, Marantette House, Simpson Road.

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Minnesota Dalton vicinity, Mud Springs Pony Express New York Station Site (25M072), about 8 miles Aitkin County Albany County northwest of Dalton. McGregor vicinity, Savanna Portage, Savanna Bethlehem vicinity, Bethlehem House (Rens­ Portage State Park. Nevada selaer Nicoll House), east of Bethlehem off New York 144. Fillmore County Eureka County Preston vicinity, Forestville Townsite, about Eureka, Eureka Historic District. Cattaraugus County 9 miles southwest of Preston in Forestville New Hampshire Ellicottville, Ellicottville Town Hall, Village State Park. Square, northwest corner of Washington Cheshire County Goodhue County and Jefferson Streets. Keene, Cooke, Noah, House, 136 West Street. Chemung County Kenyon vicinity, Gronvold, Dr. Just Chris­ Keene, Wyman Tavern, 339 Main Street. tian, Estate, northeast of Kenyon on Elmira vicinity, *Newtown Battlefield, 6 County Route 8. Hillsborough County miles southeast of Elmira on New York 17. Winona County Peterborough, Peterborough Unitarian Columbia County Church, Main and Summer Streets. Homer, Bunnell, Willard, House, U.S. 14. Ancram, Simons General Store, ■ Ancram Rockingham County Mississippi Square. Portsmouth, Beck, Samuel, House, 107 Deer Spencertown, Spencertown Academy, off New Adams County Street. York 203. Stuyvesant, Van Alen, Johannis L., Farm, Natchez, Monmouth, East Franklin Street Portsmouth, Hart, Phoebe, House, 184 Deer- and Melrose Avenue. ing Street. School House Road. Harrison County Portsmouth, * Jones, John Paul, House, M id­ Delaware County dle and State Streets. Biloxi, Margaret Emilie ( schooner) , 1036 Meredith, MacDonald Farm, Elk Creek Road Fred Haise Boulevard. Strafford County at Monroe Road. Noxubee County Durham, * Sullivan, General John, House, 23 Dutchess County Newmarket Road. Macon vicinity, Dancing Rabbit Creek Treaty Fishkill, Fishkill Village District. Site, 13 miles southwest of Macon. Sullivan County Erie County Tishomingo County Claremont, Claremont City Hall (Claremont Buffalo, Prudential Building, Church and Opera H ouse), Tremont Square. Iuka, Old Tishomingo County Courthouse, Pearl Streets. northeast corner of Quitman and Liberty New Jersey Greene County Streets. Warren County Bergen County Athens vicinity, West Athens Hill Site, 2.3 miles west of Athens. Vicksburg vicinity, Chickasaw Bayou Battle­ Mahway, Hopper-Van Horn House, 398 R a-‘ mapo Valley Road. field, north of Vicksburg on U.S. 61. Jefferson County Yazoo County Gloucester County Sackets Harbor, Camp, Elisha, House, 310 General Smith Drive. Vaughan vicinity, Casey Jones Wreck Site, 1 Oliphant’s Mill, Moravian Church, Swedes- mile north of Vaughan. boro-Sharptown Road. Monroe County Mercer County Missouri Rochester, Powers Building, northwest cor­ Lawrence, Anderson-Capner House, 700 ner of West Main and State Streets. Cole County Trumbull Avenue. Montgomery County Jefferson City, Cole County Courthouse and Monmouth County Jail-Sheriff’s House, east comer- of Monroe St. Johnsville vicinity, *Fort Klock, 2 miles and East High Streets. New Shrewsbury, Old Mill at Tinton Falls, east of St. Johnsville on New York 5. 1205 Sycamore Avenue. New York County Lafayette County Morris County New York, Jumel Terrace Historic District, Lexington vicinity, Linwood Lawn, southeast of Lexington off U.S. 24. - Morristown, Acorn Hall, 68 Morris Avenue. West 160th and 162d Streets between St. Morristown, Condict’s, Dr. Lewis, House, 51 Nicholas and Edgecombe Avenues. Marion County South Street. New York, 75 Murray Street Building, 75 Murray Street. Hannibal, Osterhout Mound Park (23 MA8), Ocean County Wauneta Place. New York, *Smith, Alfred E., House, 25 Oli­ Manahawkin, Manahawkin Baptist Church, ver Street. Mississippi County North Main Street (U.S. 9). Oneida County Charleston vicinity, Swank, Jacob, House, Passaic County Boonville, Five Lock Combine and Locks 37 west of Charleston off U.S. 60. Wayne, Schuyler-Colfax House, 2343 Paterson and 38, Black River Canal, Rome-Boonville St. Charles County Hamburg Turnpike. Gorge Road (New York 46). Clinton, *Root, Elihu, House, 101 College Hill Defiance, Boone, Nathan, House, Highway F. Union County Road. Defiance vicinity, Hays, Daniel Boone, House Elizabeth, * Liberty Hall. (Governor William Onondaga County (Hays Farm), west of Defiance off High­ Livingston House), Morris and North Onondaga, Hutchinson, General Orrin, way F. Avenues. House, 4311 West Seneca Turnpike. Warren County St. Louis County Syracuse, Central New York Telephone & Chesterfield, Old Stone Church, Conway Road Phillipsburg, Roseberry, John, Homestead, Telegraph Building, 311 Montgomery at White Road. 540 Warren Street. Street. New Mexico Syracuse. Grace Episcopal Church, 819 Madi­ Montana son Street. Colfax County Deer Lodge County Orange County Cimmaron, Cimmaron Historic District. Anaconda, Daly, Marcus, Hotel, corner of Bear Mountain, *Fort Montgomery, north of Park Avenue and South Main. Lincoln County Bear Mountain Bridge on the Hudson River. Nebraska Capitan vicinity, Fort Stanton, 7 miles south­ Ostego County east of Capitan on New Mexico 214. Knox County Gilbertsville, Major’s Inn and Gilbert Block, Sandoval County both sides of Commercial Street near New Verdel vicinity, Ponca Fort Site, about 1 mile Bernalillo vicinity, Zia Pueblo, 18 miles west York 51. east of Verdel. of Bernalillo on New Mexico 44. Putnam County Morrill County Taos County Cold Spring vicinity, West Point Foundry, Bridgeport vicinity, Courthouse and Jail Taos, Martinez, Severino, House, 2 miles from New York 9D, south of intersection with House Rocks, 5 miles south of Bridgeport. Taos Plaza, on the Lower Ranchitos Road. New York 301.

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Renn&elaer County Surrey County \ Hamilton County Troy, Hart-Cluett Mansion, 59 2d Street. Dobson vicinity, Franklin, Bernard, House, Cincinnati, Apostolic Bethlehem Temple northwest of Dobson on North Carolina Church, 1205 Elm Street. Rockland County 1442. Cincinnati, Goshom, Sir Alfred T., House, West Nyack, Terneuf-Hutton House, 160 Union County 3504 Clifton Avenue. Cincinnati, Morrison House, 750 Ludlow Ave­ Sickelton Road. Waxhaw vicinity, Pleasant Grove Camp Meet­ nue. Schenectady County ing Ground, northeast of Waxhaw on North Carolina 1327. Cincinnati, Sacred Heart Academy, 525 La­ Schenectady, Stockade Historic District. fayette. Wake County Suffolk County Cincinnati, Worth, Gorham A., House, 2316 Raleigh, Dorton, J. S., Arena, {forth Carolina Auburn crest Avenue. Huntington, Eatons Neck Light, Eatons Neck State Fairgrounds, West Hillsborough Jefferson County Point at Huntington Bay and Long Island Street. Sound, off New York 25A. Raleigh, Heck Houses, 503 East Jones Street Steubenville, Federal Land Office, at U.S 22 Ulster County (Heck-Lee House), 511 East Jones Street and Ohio 7. (Heck-Wynne House), 218 North East Lake County Rosendale vicinity, Perrine’s Bridge, over Street (Heck-Pool House). Wallkill River off U.S. 87. Painesville, Luts’s Tavern (Rider Tavern), Warren County 792 Mentor Avenue. Westchester County Painesville, Mathews House, 309 West Wash­ Littleton, Person’s Ordinary, North Carolina New Rochelle, *Paine, Thomas, Cottage, 20 ington Street. 1001. Sicard Avenue. Littleton vicinity, Little Manor (Mosby Hall). Lucas County North Carolina Watauga County Maumee, Maumee Sidecut, north of the Brunswick County Maumee River and southwest of Ewing Valle Crucis vicinity, Mast General Store, Island. Smithfield Township, Orton Plantation, on south of Valle Crucis on North Carolina Montgomery County Cape Pear River at junction of North Caro­ 1112. lina 1530 and 1529. Dayton, Wright, Orville, Laboratory, 15 North North Dakota Broadway. Buncombe County Grand Forks County Muskingum County Asheville, Grove Park Inn, Macon Avenue. Grand Forks, Oxford House, University of New Concord, Paul Hall, Layton Drive, Musk­ Burke County North Dakota campus. ingum College campus. Morganton vicinity, Swan Ponds,- about 4 Ohio New Concord vicinity, “S” Bridge II, west of New Concord off U.S. 40. miles west of Morganton off North Caro­ Ashtabula County lina 126. Portage County Windsor Mills vicinity, Wiswell Road Covered Casjvell County Bridge, southwest of Windsor Mills over Aurora vicinity, Kent, Zeno, House, 2.5 miles Milton, Milton State Bank, Main (Broad) Phelps Creek. southwest of Aurora on Aurora-Hudson Street between Liberty Street and Lea’s Road. Alley. Butler County Richland County Catawba County Oxford, Elliott and Stoddard Halls, Miami Lucas vicinity, Malabar Farm, southeast of Hickory, Propst House, Shuford Memorial University, Miami University campus. Lucas on Pleasant Valley Road. Garden. Oxford vicinity, DeWitt, Zachariah Price, Hickory, Shuford House, 542 2d Street NE. Cabin, east of Oxford off U.S. 73. Ross County Craven County Clark County Chillicothe, Canal Warehouse, northeast corner of East Main and North Mulberry New Bern, Jones-Jarvis House, 528 East Front Springfield, Pennsylvania House, 1311 West Streets. Street. Main Street. Chillicothe, Oak Hill, Dun Road. New Bern, Slover-Bradham House, 201 John­ Clinton County son Street. Stark County Davie County Wilmington, College Hall, east of College Massillon, Five Oaks, 210 Fourth Street NE. Street between Douglas Street and Fife Mocksville, Davie County Jail, 20 South Avenue on Wilmington College campus. Summit County Main Street. Columbiana County Akron, Hower Mansion, 60 Fir Hill. Durham County Akron vicinity, Goodyear Airdock, south of West Point vicinity, Morgan, John H j Sur­ Durham vicinity, Fairntosh Plantation, north Akron at the Akron Airport. render Site, 3.1 miles west of West Point on Bath, Hale, Jonathan, Homestead. 2686 Oak of Durham off North Carolina 1004. Ohio 518. Edgecombe County Hill Road. Coshocton County Vinton, Wilkesville vicinity, Ponn Humpback Tarboro, Coats House, 1503 St. Andrews Coshocton, ROscoe Village. Covered ~Bridge, 4 miles southwest of Street. Wilkesville ovèr Racoon Creek. Forsyth County Cuyahoga County Washington County Winston-Salem, Zevely House, 734 Oak Street. Cleveland, Garfield Memorial, 12316 Euclid Avenue in Lakeview Cemetery. Marietta, Erwin Hall, Fifth Street, Marietta Gaston County Mayfield Village, Old Center School, 784 College campus. Marietta, Wilcox-Mills House (President’s Belmont, Belmont Abbey Cathedral, on North S.O.M. Center Road. House, Marietta College) , 301 Fifth Street. Carolina 2093. Delaware County Oklahoma Halifax County Delaware, Elliott Hall, Sturges Library, and Cherokee County Enfield vicinity, Shell Castle, west of Enfield Merrick Hall, Ohio Wesleyan University campus. on North Carolina 481. Tahlequah, Cherokee Female Seminary, Franklin County Halifax, Eagle Tavern, Main Street. Northeastern State College campus. Columbus, Camp Chase Site, 2900 Sullivant Kay County Mecklenburg County Avenue. Charlotte, Victoria, 1600 The Plaza. Columbus, Ohio Theatre, 39 East State Street. Poncà City, Marland, E. W., Mansion, Monu­ Columbus, Old, Old Post Office, 121 East State ment Road. Orange County Street. Ponca City vicinity, 101 Ranch, about 6 miles Hillsborough, Heartsease, 113 East Queen Worthington, Johnson, Orange, House, 956 southwest of Ponca City. Street. High Street. Washunga, Kaw Indian Agency, north of the Arkansas River. Scotland County Greene County Oklahoma County Wagram vicinity, Richmond Temperance and Clifton vicinity, Whiteman, Benjamin, House, Literary Society Hall, about 1 mile south­ 0.4 mile east of Clifton on North River Oklahoma City, Ham House, northeast 17th west of Wagram on North Carolina 1405. Road. Street and Stiles.

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Pawnee County Northumberland County Union County Pawnee, Pawnee Indian Agency, east edge of McEwensville vicinity, Warrior Run Presby­ Jonesvllle vicinity, Means House, 2 miles Pawnee. terian Church, north of McEwensville on southwest of Jonesvllle on South Carolina Oregon Pennsylvania 147. 12. Union, Dawkins, Judge Thomas, House, Daw­ Marion County Philadelphia County kins Court (north of East Main Street). Salem, Lee, Jason, House, 260 12th. Street Philadelphia, Clarkson-Watson House, 5275- SE. 77 Germantown Avenue. South Dakota Clay County Pennsylvania Rhode Island Vermillion, Old Main, Clark Street, Univer­ Adams County Bristol County sity of South Dakota campus. Fairfield, Fairfield Inn, Main Street. Bristol, Bristol County Jail, 48 Court Street. Faulk County Allegheny County Kent County Faulkton, Pickier, Major John A., Homestead, Pittsburgh, Rotunda of the Pennsylvania Warwick and Cranston, Pautuxet Village His­ south edge of town. Railroad Station, 1100 Liberty Avenue. toric District (also in Providence County). Gregory County Newport County Blair County Dixon vicinity, Pocahontas Schoolhouse, Altoona, Mishler Theatre, 1208 12th Avenue. Newport, Tillinghast, John, House, 142 Mill about 4.5 miles northeast of Dixon. Williamsburg vicinity, Etna Furnace, North Street. of Williamsburg. Portsmouth, Mott, Jacob, House, West Main Tennessee Road (Rhode Island 114). Bedford County Bucks County Portsmouth vicinity, Wreck Sites of H.M.S. Bell Buckle, Webb School, Junior Room, off Richboro, Hampton Hill (Bennet-Search Cerberus and H.M.S. Lark, in Narragansett Tennessee 82. House) , 1269 Second Street Pike. Bay adjacent to Aquicneck Island. Carter County Chester County Providence County Elizabethton, Sabine Hill, off Tennessee 67 Birmingham vicinity, Davis, Daniel, House Cranston, Pautuxet Village Historic District at Watauga Point. and Barn, Birmingham and Street Road (see Kent County). (Pennslyvania 926). Johnston, Brown Avenue Historic District, Davidson County Chester Springs vicinity, Hall’s Bridge, about Brown Avenue. Nashville, Stump, Frederick, House, 4949 Providence, Allen, Candace, House, 12 Benev­ 3 miles north of Chester Springs at Sheeder Buena Vista Pike. Road and Birch Run. olent Street. Northbrook, Derbydown Homestead, at in­ Providence, Stimson Avenue Historic District. Fentress County tersection of County Routes 15077 and Saylesville vicinity, Hearthside ( Stephen Pall Mall, York, Sargeant, Historic Area. 15080. ' Hopkins Smith House), northwest of Franklin County Tredyffrin, Wetherby-Hampton-Snyder- Wil- Saylesville on Breakneck Hill Road. son-Erdman Log House, 251 Irish Road. Slatersville, Slatersville Historic District. Winchester, Knies Blacksmith Shop, 118 Valley Forge, *von Steuben, General Fred­ Woonsocket, Woonsocket Opera House, 37- North Jefferson Street. erick, Headquarters, on Pennsylvania 23. 41-45 North Main Street. Valley Forge vicinity, East, Nicholas, House,. Giles County Washington County west of Valley Forge on Kimberton Road. Dellrose vicinity, Wilson-Young House, about Valley Forge vicinity, Esherick, Wharton, Westerly, Former Immaculate Conception 2 miles southwest of Dellrose off 1-65. Studio, southwest of Valley Forge off Church, 119 High Street. Wales, Clifton Place, Campbellsville Road. Country Club Road. North Kingstown (Wickford), Palmer- Grainger County Valley Forge vicinity, Lightfoot Mill, west of Northrup House, 7919 Post Road. Valley Forge off Pennsylvania 401. Bean Station vicinity, Tate Springs Spring- South Carolina Cumberland County house, about 3.5 miles east of Bean Station Anderson County on U.S. 11W. Mechanicsburg vicinity, Eberly, Johannes, Blaine, Shields’ Station, U.S. 11W. House, northeast of Mechanicsburg off U.S. Anderson, Orr, Marshall, House, 809 West 11. Market Street. Hamblen County Delaware County Morristown, Hamblen County Courthouse, Charleston County Concordville, Concordville Historic District, 511 West Second North Street. intersection of Concord Road and U.S. 1. Charleston, Shaw Community Center, 22 Mary Russellville vicinity, Bethesda Presbyterian Street. Church, about 1.5 miles southwest of Rus­ Erie County Mt. Pleasant vicinity, Snee Farm, about 6 sellville, off UJS. HE. Erie, Flagship Niagara, State Street at Lake miles northeast of Mount Pleasant off U.S. Hamilton County Erie. 17. Greene County Colleton County Chattanooga, Brabson House, 407 East Fifth Street. Waynesburg vicinity, Greene Hills Farm, 3.5 Williams vicinity, Williams, Tom, House, 0.25 Chattanooga and Lookout Mountain, Look­ miles east of Waynesburg on Pennsylvania mile west of Williams on North Street. out Mountain Incline Railway, from 21. Tennessee 17 (St. Elmo) to Lookout Moun­ Georgetown County Lancaster County tain. Georgetown vicinity, Chicora Wood Planta­ Chattanooga, Newton Chevrolet Building, Lancaster, Soldiers and Sailors Monument, tion, about 12 miles northeast of George­ 329 Market Street. Center Square, intersection of King and town on South Carolina 52. Chattanooga, Old Post Office, East 11th and Queen Streets. Lindsay Streets. Lebanon County Greenville County Chattanooga, Tivoli Theater, 709 Broad Greenville, Reedy River Falls Historic Park Street. Myerstown, Meier, Isaac, Homestead, 520 Chattanooga vicinity, Williams Island, South College Street. and Greenway, both banks of the Reedy River from the falls to Church Street. northwest of Chattanooga in the Tennes­ Newmanstown vicinity, House of Miller at see River. Milbach, southwest of Newsmanstown. Orangeburg County Ooltewah vicinity, Brown House, about 10 miles northeast of Ooltewah on the Monroe County Branchville, Southern Railway Passenger De­ Georgetown Pike. pot, 110 North Main Street. Stroudsburg vicinity, Quiet Valley Farm, Ooltewah vicinity, Douglas, Hiram, House, southwest of Stroudsburg off U.S. 209. Richland County about 5 miles north of Ooltewah on Snow Montgomery County Hill Road. Columbia, Simons Cottage, 1403 Richland Signal Mountain vicinity, Topside, about 3 Harleysville, Klein Meetinghouse, Maple Street. miles northeast of Signal Mountain on Avenue. Spartanburg County Wilson Avenue. Valley »Forge, * Washington’s Headquarters, Hancock County Valley Creek Road near junction of Penn­ Spartanburg, Cleveland Law Range, 171 Mag­ sylvania 252 and 23. nolia Street. Sneedville, Old Jail, Jail Street.

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Hawkins County Texas Bedford County Surgoinsville vicinity, Stony Point, northeast Coke County Forest vicinity, Elk Hill, northwest of Forest of Surgoinsville on U.S. 11W. on Virginia 663. Bronte vicinity, Fort Chadboume (41CK129), Henry County 12 miles north of Bronte. Charlotte County Paris, Porter House, 407 South Dunlap Street. Hays County Charlotte Court House vicinity, Greenfield, east of Charlotte Court House on Virginia Humphreys County San Marcos, Cock House, 402 East Hopkins 656. Hurricane Mills vicinity, Link Farm Site, Street. Saxe vicinity, Roanoke Plantation, west of Morrison County forks of the River Road. Saxe off Virginia 746. Marshall, Old Pierce House ( Magnolia H a ll), Jefferson County Clarke County 303 North Columbus. Millwood vicinity, Old Chapel, 3 miles north Jeiferson City, Glenmore, off U.S. HE. Pecos County of Millwood off U.S. 340. White Pine vicinity, Fairfax, southeast of Danville (independent eity), Danville Historic White Pine off U.S. 25E. Fort. Stockton, Port Stockton Historic District. White Pine vicinity, Franklin, Lawson D., District. Essex County House, southeast of White Pine off U.S. 25E. Travis County Tappahannock, Tappahannock Historic Johnson County Austin, Doyle House, 310 East 14th Street. District. Austin, Goodman Building, 202 West 13th Frederick County Laurel Bloomery, Morrison Farm and Store, Street. Middletown, St. Thomas, Episcopal Church, Tennessee 91. Austin, Hancock, John, House, 1306 Colorado. Mountain City, Butler House, 309 North Intersection of Virginia 1102 and 1105. Austin, Hirshfeld, Henry, House and Cottage, Church Street. 303 and 305 West Ninth Street. Goochland County Shouns, Rhea House, on U.S. 421. Austin, Houghton, John H., House, 307 West Manakin vicinity, Powell’s Tavern, on Vir­ Knox County 12th Street. ginia 650. Austin, St. Mary’s Cathedral, 201-207 10th Greensville County Knoxville, Camp House, 1306 Broadway NE. Street. Knoxville, Jackson Avenue Warehouse Dis­ Val Verde County Emporia, Klugel,. H. T., Architectural Sheet trict, Jackson Avenue. Metal Work Building, 135 East Atlantic Knoxville, Knoxville County Courthouse, Comstock vicinity, West of Pecos Railroad Street. Camps District, about 15 miles west of Main Avenue and Gay Street. King and Queen County Knoxville vicinity, Statesview, about 11 miles Comstock off U.S. 90. southwest of Knoxville on Peters Road, off Shanghai vicinity, Upper Church, Stratton Utah Major Parish, southeast of Shanghai on U.S. 70. Carbon County Virginia 14. Lauderdale County Price, Hellenic Orthodox Church of the As­ King George County Port Pillow, Fort Pillow, Tennessee 87. sumption, 61 South Second East Street. Port Conway, Belle Grove, on U.S. 301. Loudon County Weber County King William County Loudon vicinity, Lenoir, Albert, House, west Ogden, Episcopal Church of the Good Shep­ Sweet Hall vicinity, St. John’s Church, north of Loudon on River Road (Tennessee 72). herd, 2374 Grant Avenue. of Sweet Hall on Virginia 30. Ogden, Ogden Union Depot, 25th Street and Lexington (independent city), Jackson, Maury County Wall Avenue. Stonewall, House, 8 East Washington Columbia, Athenaeum, The, 808 Athenaeum Vermont Street. Louisa County Street. Addison County Columbia, Blythewood, Trotwood and Hatcher Gum Spring ’vicinity, Providence Presbyte­ Middlebury, Stone Mill, Mill Street. Lane. rian Church, northwest of Gum Spring off Vergennes, Strong, General Samuel, House, U.S. 250. Polk County 64 West Main Street. Lynchburg (independent city), Old

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14777

York County Laramie County time is consistent with our firm belief, Williamsburg vicinity, Porto Bello, on Queens Cheyenne, Atlas Theatre, 213 West 10th reiterated herein, that such a condition Creek on Camp Peary Military Reservation. Street. is required by the public interest and Park County Washington should be imposed and maintained in Cody, Irma Hotel, 1192 Sheridan Avenue. order to insure that the traveling public Grays Harbor County Cody vicinity, T E Ranch Headquarters, 30 at Terre Haute is not penalized by our Hoquiam, Hoquiam’s Castle (Lytle, Robert, miles southwest of Cody on South Fork approval of Allegheny’s replacement Mansion), 515 Chenault Avenue. Road. agreement with Vercoa.4 Jefferson County R obert M . U t l e y , We are unable to conclude, however, Director, Office of Archeology that a 60-day period is required to per­ Port Townsend, Bartlett, Frank, House, 314 and Historic Preservation. mit the arrangements which Allegheny Polk Street. Port Townsend, Jefferson County Court­ [FR Doc.73-10750 Filed 6-4r-73;8:45 am] contemplates. Rather, we believe that a house, Jefferson and Cass Streets. 30-day stay of the effectiveness of order 73-4-72 should permit Allegheny suffi­ King County CIVIL AERONAUTICS BOARD cient time to take the actions said to be Seattle, King Street Station, Third Street [Docket No. 25199; Order 73-5-145] required in its petition. South and South King. ALLEGHENY AIRLINES, INC., ET AL. Accordingly, it is ordered, That; Seattle, Virginia V, 4250 21st Avenue West. 1. The effectiveness of ordering para­ Kittitas County Order Granting Stay graph 1(e) of order 73-4-72 be and it Roslyn, Northwestern Improvement Com­ Adopted by the Civil Aeronautics hereby is stayed for a period of 30 days pany Store, First Street and Pennsylvania Board at its office in Washington, D.C., from the scheduled June 1, 1973, imple­ Avenue. on the 31st day of May, 1973. Application mentation date of that order, or through Lewis County of Allegheny Airlines, Inc., for authority July 2,1973; Claquato, Claquato Church, off Washington to suspend service temporarily at Terre 2. This order may be amended or re­ 12. Haute, Ind., docket 25199; agreement voked without hearing at the discretion Snohomish County among Allegheny Airlines, Inc., Vercoa of the Board; and 3. This order shall be served upon the Edmonds, Carnegie, Andrew, Library, 118 Air Service, Inc., and William C. Britt, Fifth Avenue North. agreement CAB 23518. parties served with order 73-4-72. Index, Red Men Hall, Index Avenue and On April 17, 1973, the Board issued This order shall be published in the Sixth Street. order 73-4-72, approving the Allegheny F ederal R e g ist e r . Wahkiakum County Commuter replacement program for Terre Haute, Ind.1 By the Civil Aeronautics Board. Cathlamet, Pioneer Church, Alley Street. Approval of the subject agreement was [ s e a l ] E d w i n Z. H o l l a n d , Yakima County conditioned upon Allegheny preserving Secretary. Yakima, Capitol Theatre, 19 South Third for Terre Haute travelers and shippers [FR Doc.73-11179 Filed 6-4-73;8:45 am] Street. the same fare and rate levels under the West Virginia Allegheny Commuter replacement serv­ Berkeley County ice as would be available were Allegheny DEPARTMENT OF AGRICULTURE Hedgesville vicinity, Snodgrass Tavern, west to continue its own service at Terre Forest Service of Hedgesville on West Virginia 3. Haute. ENVIRONMENTAL STATEMENTS Jefferson County On May 23, 1973, Allegheny petitioned Kearneysville, * Traveller's Rest, on West Vir­ the Board for a partial stay of order Statements Under Preparation as of ginia 48. ___ 73-4-72 in order to permit Allegheny to May 15,1973 Leetown, Prato Rio, on West Virginia 48. resolve what it characterizes as “sub­ A list of environmental statements is Wisconsin stantial problems” with ordering para­ here published to provide timely public Dane County graph 1(e) of the aforementioned order.2 information on status of Forest Service Madison, Old Executive Mansion, 130 East Allegheny alleges in its petition that con­ environmental statements under prepa­ Gilman Street. dition 1(e) is new, not having been im­ ration as of May 15, 1973. Persons inter­ Shorewood Hills, First Unitarian Society posed in prior Allgeheny Commuter situ­ ested in a particular action and environ­ Meetinghouse, 900 University Bay Drive. ations, and that certain additional steps mental statement should contact the re­ Iowa County may be required in order to enable Alle­ sponsible official directly. Spring Green vicinity, Shot Tower, south­ gheny to resolve unf oreseen details.3 For ease in use of this list, statements east of Spring Green in Tower Hill State On consideration of Allegheny’s peti­ are grouped by Forest Service organiza­ Park. tion, we have concluded that we should tional units proposing the action. State­ Milwaukee County permit Allegheny reasonable additional ments marked with an asterisk indicate, Milwaukee, Mackie Building, 225 East Michi­ time within which they may make ap­ in total or in part, land use planning, gan Street. propriate arrangements to implement developments, or activities within inven­ Milwaukee, Mitchell Building, 207 East fully the terms of 1 (e), supra. Our action toried roadless areas. National Forest Michigan Street. in permitting Allegheny this additional inventoried roadless areas are defined as Oconto County roadless and undeveloped areas 5,000 Oconto, Scofield, Governor Edward, House, 1 The salient details of the agreement ap­ acres or larger, except that smaller areas 610 Main Street. proved by order 73-4-72, supra, wiU not be adjoining existing wilderness and primi­ Racine County repeated herein except as they relate to Alle­ tive areas could be included. Existing gheny’s request for a stay. Racine, Cooley, Eli R., House (Kuehneman, 2 Paragraph 1 (e) reads as follows: wilderness and primitive areas are ex­ William F., House), 1135 South Main l.(e) Allegheny shall maintain in ef­ cluded from this definition. Street. fect for the Terre Haute service operated Waukesha County A listing of National Forest headquar­ under the agreement all joint-fare tariffs ters addresses is given at the end of the Menomonee Falls, Miller-Davidson House, on now in effect or hereafter required to be County Line Road, east of U.S. 41. filed by the Board in the Domestic Pas­ listing of environmental statements. senger-fare investigation, docket 21866. Wyoming 8 As an example of the arrangements re­ P h i l i p L. T h o r n t o n , Crook County quired to be made, Allegheny points out that Deputy Chief, Forest Service. Sundance vicinity, Inyan Kara Mountain, in it believes it necessary to obtain the agree­ M a y 29, 1973. Black Hills National Forest. ment of the Airline Tariff Publishers (the Sundance vicinity, Vore Buffalo Jump. agency which publishes the so-called certifi­ cated industry official tariffs) because Alle­ * Tbe implementation date of order 73-4-72 Fremont County gheny believes such an agreement is neces­ is June 1, 1973. Answers to Allegheny’s peti­ Fort Washakie vicinity, Shoshone-Episcopal sary to apprise fully the traveling public of tion were not due to be filed until June 4, Mission, 3 miles southwest of Fort Wash­ the arrangements authorized by order 73-4- 1973. This makes it essential to process the akie on Moccasin Lake Road. 72. petition prior to the receipt of answers.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14778 NOTICES

Forest Service E nvironmental Statements,, U nder P reparation as ov Mat 15, 1973

Nature of proposal (i.e., Responsible D a t e d ra ft file d E s tim a te d date of official w/CEQ (o r fin al Title of environmental statement L o c a tio n o f p ro p o sa l land use, herbicide, etc.) estimated date)

Washington Office: U SD A, Forest Service, Wash­ ington, D.C.: '. „ ,' L a n d u se c o n tro ls ______C h ie f______M a rc h 1973— — J u n e 1973. •Proposed regulations and administrative instruc- A ll national forests------tions relating to use of off-road vehicles on national forest lands. T J a n u a ry 1973____ . . J u ly 1973. •S e le c tio n o f pro p o se d n e w s t u d y are a s fro m r o a d - N a t io n w id e ...... i^ a n a u s e ...... less and undeveloped areas within the national D e c e m b e r 1972.. . . M a y 1973. The protection, management, and contro' of w ild ------d o ------Protection of wi ____d o ...... and free-roaming horses and burros (regulations). . , „ . ana Durros. D o . Regulations covering the administrationand use of Sawtooth National Forest, Land use controls Federal lands in the Sawtooth National Recrea- Idaho, tion Area, Sawtooth National Forest, Idaho. M a y 1973...... „ J u ly 1973. Regulations covering land acquisition an d ------d o ------— -d o . standards for use, subdivision, and development of private lands within the Sawtooth National Recreation Area, Sawtooth National Forest, I d a h o . ______d o ...... October 1972____ .. December 1973. •Trinity Alps Wilderness proposed...... California...... — -...... '"'5 °' ____ d o ...... d o ...... D o . •Monarch Wilderness proposal...... —...... do------do. ____ d o ...... d o . , ...... D o . •Uncompahgre Primitive Area...... Colorado..... ------ao. D o . •Eastern Wilderness proposal...... -...... Eastern United States— ....------d°- ____ d o ...... A p r i l 1973...... A u g u s t 1973. •Pope Agio Primitive Area______Shoshone National Forest,------do.. ____ d o ...... M a y 1973...... - . . O c to b e r 1973. Wyo. •Wilson Mountains Primitive Area______San Juan and Uncom------do. ____ d o ______— ...... d o ...... D o . pahgre National Forests, Colo. •Cloud Peak Primitive Area______------Bighorn National Forest,------do.. ____ d o ...... J u n e 1973...... N o v e m b e r 1973. Wyo. •Alpine Lakes planning unit______Snoqualmie and Wenatchee Land u . . . F e b r u a r y 1974. National Forests, Wash. •Weyerhaeuser-Gifford Pinchot National Forest Gifiord-Pinchot National Land e; ____ d o ...... M a y 1973...... J u ly 1973. land exchange. Forest, Wash. . . . D e c e m b e r 1973. •Mount St. Helens Recreation Area...... -do------rianu u ...... d o ...... Skagit Wild and Scenic River...... Whatcom and Skagit Cor . . J u ly 1973. ties, Wash. la ti ve ). Eagle Cap Wilderness addition______Wallowa-Whitman National L/egisiauve------____ d o ...... J u n e 1973...... Decem ber 1973. Forest, Oreg. . •High Uintas Primitive Are a...... Utah...... t...... Legislative (reclassified to ____ d o ...... J u n e 1973. wilderness). ____ d o ...... - ...... J u ly 1971...... M a y 1973...... - ...... - ...... la ti ve ). ____ d o ...... M a y 1973...... A u g u s t 1973. Pere Marquette River study...... - H u ro n -M a n is te e N a t i o n a l ------d o — Forests, Mich. ____ d o ...... d o ...... J u ly 1973. M o n ta n a . Northern Region, Region 1: U SD A , Forest Service, Federal Bldg., Missoula, Mont.: Regional Forester. M a rc h 1973...... M a y 1973. N o r t h e r n R e g io n ’s slash d isp o sa l p ro g ra m — ...... M o n ta n a , Id a h o , W a s h in g ­ ton, North Dakota, por­ tion of South Dakota. _____ d o ...... M a y 1973...... Septem ber 1973. ing the use of herbicides for range improvement, roadside and recreation area maintenance, right- of-way maintenance, tim­ ber stand improvement, and nursery maintenance. Forest Supervisor.. D e c e m b e r 1972. ___ Jun e 1973. •Burnt Fork planning unit ______Bitterroot National Forest, M o n t. July 1972...... M a y 1973. .d o . .d o . 3-year road construction program. Id a h o . Regional Forester . July 1973--— - Novem ber 1973. v ’ tional Forests, Mont. (R- 1 ), a n d S h osh on e N a t io n a l Forest, Wyo. (R -2). Forest Supervisor.. M a y 1973...... July 1973. 3-year road construction program ...... Custer National Forest, Mont., N . Dak., portion of South Dakota. . F e b r u a r y 1973.. .Tune 1973. Request for competitive coal lease...... Medora Ranger District, Custer National Forest, N . D a k . -d o . J u n e 1973___ ------September 1973. Tim ber management plan ______Flathead National Forest, R e so u rc e p la n ...... M o n t. R o a d C o n s tru c tio n ...... -..— d o ...... - ...... - August 1972---.™ 3-year road construction program ...... ¿ d o . — Resource plan.... ______. „ . . d o ------October 1972------— M a y 1973. Tim ber management plan ______Gallatin National Forest,

•Warland planning unit...... - ...... - Fish^River Ranger Dis- Land use plan....— ...... — d o ...... A p r il 1973...... Ju n e 1973. tnct, Kootenai National F o rest» ]Vtont» « i k yto — •— M a v 1 0 7 3 .

3-yearjoad construction program ...... |jlo^ tl^iJ ]^ 8,F ot^ \ — fdo??— — II"I“ ” -^-doI"III""III-----do ...... D o .

2-year road construction program ______-— —-- Bitterroot National Forest, ------d o ------— do ...... July 1972 — Mont, and Idaho. -d o . .d o . — = D o . 3-year road construction program— ------— N e z p e rc e N a t io n a l F o r e s t , ...... d o ...... - ...... Id a h o . _ . Rocky Mountain Region, Region 2: U S D A , Forest Service> Denver F e rra i Center, Bide. K , DenvOT, Colo.: ...... 197s . „ ...... A u g u s t 1973. •Meadow Mountain management unit (Beaver White River National For- Winter sports site ...... ™ ...... C r e e k w in t e r sp o rts site ). est; Colo. ^ d o ______d o ______D o .

Winte Park management unit (Mary Jane winter Arapaho National Forest, ...... d o ...... - ...... s p o rts site ). C o lo .

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14779

Forest Service Environmental Statements Under Preparation as op Mat 15,1973__Continued

Nature of proposal (i.e., Responsible Date draft filed Estimated date of Title of environmental statement L o c a tio n o f p ro p o sa l land use, herbicide, etc.; official w/CEQ (or final estimated date)

Southwestern Region, Region 3: U S D A , Forest Serv­ ice, Federal Bldg., Albuquerque, N . Mex.: C la rk d a le -W illia m s R d ...... P re sc o tt N a t io n aRoad l Fo re st,construction ...... Regional Forester. February 1972...... O c to b e r 1973. A r iz . Mineral exploration, Mazatzal Wilderness...... Tonto National Forest, Prospecting and m ining.------. . . . . d o ...... September 1972.___M a y 1973. _ A r iz . Mineral exploration, Blue Range Wilderness...... Apache National Forest, — — d o ...... •...... - ...... d o ...... , N o v e m b e r 1 9 7 2 ... M a y 1973 (to C E Q A r iz . , ' M a y 9 ). Cibola timber management plan ...... Cibola National Forest, N . R e so u rc e p la n ...... d o ...... J u n e 1972...... M a y 1973. M e x . Santa Fe timber management plan ...... Santa Fe National Forest, ------d o ...... d o . — ...... F e b r u a r y 1973. A u g u s t 1973. N . M ex. Apache timber management plan ...... _...... A p a c h e N a t io n a l F o re st, . . . .d o — ...... -...... d o ...... M a rc h 1973____ S e p te m b e r 1973. — , . A r iz . N ew Mexico vegetative manipulation ...... Santa Fe and Gila National H e r b ic id e ...... F o re s t S u p e rv is o r. A p r i l 1973— . . . Jun e 1973. ■ , Forests. Arizona vegetative m anipulation...... Kaibab, Tonto, and Apache . . . . . d o ------d o . . ______d o ______r_. D o . — National Forests. N ew Mexico vegetative m anipulation...... Gila National Forest (grass------d o ------d o ______d o ______D o . la n d s ). D o ------S a n ta F e , G ila , C a rso n , Land treatment...... I ...... d o ______d o ______D o . Apache, and Cibola , , National Forests. Arizona vegetative manipulation ------Sitgreaves, Coconino, K aibab, -d o . -d o . _d o . D o . Tonto, Prescott, and , , . . _ , _ . Apache National Forests. Intermountam Region, Region 4: USDA, Forest Service, Federal Bldg., 324 26th St., Ogden, Utah 84401. Herbicide control of Sagebrush and Wyetbia in Nevada ranges H e r b ic id e ...... R e g io n a l Forester.. M a y 1973____ N e v a d a . S e p te m b e r 1973. ‘ P in y o n -J u n ip e r c o n tro l...... U t a h ra n g e s L a n d u se ...... d o ...... A p r il 1973...... A u g u s t 1973. Pinyon-Juniper control...... N e v a d a ran ges . . — . d o ------d o ------M a y 1973------S e p te m b e r 1973. Diamond Creek land use p la n ...... Caribou National Forest,’ Land use plan ...... F orest S u p e rv is o r.. F e b r u a r y 1974______J u n e 1974. . . _ • Id a h o . Mabie Canyon phosphate m ining ...... d o ____ P h o s p h a te m in in g ...... U S G S - F S ( U S G S J u n e 1973...... O c to b e r 1973. lead agency). Wooley Valley phosphate mining ...... d o ...... d o ...... d o ...... d o ...... D o . Yankee Fork recreation development plan.. Challls National Forest, Idaho. Recreation...------Forest supervisor______d o ______D o . Boulder Grover Rd—„ .... ______D ix ie N a t io n a l F o re st, U t a h . Road construction ______d o ______¿ .d o ______D o . R uby Mountain land use plan ...... Hum boldt National Forest, L a n d use p la n ------d o ------J u ly 1973______N o v e m b e r 1973. N e v . Coal burning thermal-electric power develop- Manti-La Sal National Electric power development. Regional Forester. August 1973. D o . ment— Huntington Canyon Generating Station Forest, Utah. (2d unit) (joint statement— Bureau of Reclama­ tion, Bureau of Land Management, and Forest S e rv ic e ). * South fork of Boise River-Wood River planning Sawtooth National Forest, Land use plan ...... F o re st s u p e rv is o r. J u ly 1973...... O c to b e r 1973. u n it. Id a h o . C e n t r a l N e v a d a la n d use p la n ____;______Toiyabe National Forest, ------d o ------d o ...... — ...... d o ...... N o v e m b e r 1973. N e v . American Fork Canyon-Provo Peak land use plan. Uinta National Forest, ------d o ...... - ...... - ...... d o ...... M a y 1973...... S e p te m b e r 1973. U t a h . California Region, Region 5: U S D A , Forest Service, 630 Sansome St., San Francisco, Calif.: Proposed general plan of management for national Eldorado and Tahoe Na­ forest lands m the Lake Tahoe Basin. - d o - ...... - ...... Regional For- May 1973...... December 1973. tional Forests, Calif., and ester (R -4 and Toiyabe National Forest, R -5 ). N e v . Rangeland enhancement. National forests in Cali­ Plant control and revegeta- Regional For- ...... d o ______D o . fornia. tion - on sagebrush and ester. deteriorated grassland sites. Forest reestablishment...... ______.d o . R e fo re sta tio n p ro g ra m ...... d o ...... Ju n e 1973...... January 1974 Kirkwood winter sports development..————— ' Eldorado National Forest, Winter sports area...... d o ...... S e p te m b e r 1972— J u n e 1973. C a lif. Horseshoe M eadow outdoor recreation plan _____ ... Inyo National Forest, Calif.. A r e a plan ...... — . . . . d o ...... June 1973...... January 1974. Sherwin Bowl ski area ______d o ______W in te r s p o rts a re a ...... d o ...... M a rc h 1974...... O c to b e r 1974 Bishop Creek planning unit ______d o ...... Land ues plan ...... _ - _ d o ...... J u n e 1973...... N o v e m b e r 1973. Klamath National Forest timber management Klamath National Forest, limber management plan...... d o ...... May 1973...... October 1973. p la n . C a lif. ‘Bucks Lake planning unit ______;______P lu m a s National Forest, Land use plan------Forest Supervisor______do...... Do. C a lif. Mineral K ing recreation development ...... Sequoia National Forest, Year-round recreation area, Regional Forester. June 1973...... D o . C a lif. including access system. Shasta-Trinity National Forest timber manage­ Shasta-Trinity National Timber management plan....— do ...... __ M a y 1973— ...... S e p te m b e r 1973. m e n t p la n . Forest, Calif. ‘North Side-Huntington L ak e.... ______... Sierra National Forest, Timber sales...... Forest Supervisor...... do___ December 1973. C a lif. ‘ Gasquet-Orleans Rd. (Chim ney section). Six Rivers National Forest, Road construction------.. Regional Forester. June 1973...——— November 1973. C a lif. *Fpx planning unit ____— ____. . . ______Mount Reba winter sports area ______Land use plan ....— . ------F o re s t S u p e r v is o r . M a y 1973— — = = O c to b e r 1973. Stanislaus National Forest, Expansion of winter sports Regional Forester. June 1973 = — - - December 1973. C a lif. Stanislaus National Forest timber management p la n . T im b e r m a n a g e m e n t p l a n . . d o _____J u ly 1 0 7 3 -— jj0 Pacific Northwest Region, Region 6: U SD A , Forest Service, 319 Southwest Pine St., Portland, Oreg.: 1973 herbicide use on Mount Hood, Willamette, O re g o n . and Rogue River National Forests. Herbicide.... ------— — d o ...... J a n u a ry 1973..— J u n e 1973. 1973 h e rb ic id e use on O ch oco, D e sc h u te s, F re m o n t, . ¿ . . . d o . . and Winema National Forests. - r - d o ...... — ...... ==-do— October 1972..5 = 5 3 D o . ‘ Freezeout Rd. N-38______Wallowa-Whitman National Road construction...... Forest Supervisor. August 1972.;.— — M ay 1973, Forest, Oreg.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14780 NOTICES

F o r e s t S e r v ic e E nvironmental St a t e m e n t s U n d e r P r e p a r a t io n a s o p M a t 15,1973— Continued

Nature of proposal (i.e., Responsible Date draft filed Estimated date of Title of environmental statement . Location of proposal land use, herbicide, etc.) official ^tiSddate) -

L a n d u se p la n ______— __ d o ------A p r i l 1973------A u g u s t 1973. Anthony Lakes Recreation Area ------——— Land exchange ______;------d o . . ------<.------M a y 1973------D o . Boise Cascade exchange—part A — ------♦Wallowa-Whitman timber management plani.^ i.....d o R e so u rc e p l a n . . . ______R e g io n a l F o r e s t e r .— d o ...... D o . •Elk-Reade planning unit.______-___ _ Olympic National Forest, L a n d u s e p l a n ______, Forest Supervisor. June 1973...... Decem ber 1973. Wash. ♦Umpqua National Forest timber management Umpqua National Forest, R e so u rc e p la n ______d o ------J u n e 1972------M a y 1973. plan Oreg. •Pacific Crest National Scenic Trail— ...... Mount Baker, Snoqufdmie Trail location and construe- Regional Forester. July 1973...... Septem ber 1973. and Wenatchee National tion . Forests, Wash. Pocket gopher damage control...... «...... R^onwide.....------R o d e n tic id e . — ...... d o ...... — ------F e b r u a r y 1973...... J im e 1973. Red Creek timber sale______Willamette National Forest, Tim ber sale...... - F o re s t S u p e rv is o r. J u ly 1973...... Novem ber 1973. Oreg. , . •Davis Mountain planning unit_____ ...... Gifford-.Pinchot National Land use plan...... do...... M a y 1973— ...... O c to b e r 1973. Forest, Wash. Summit Prairie Reservoir------Ochoco National Forest, D am and reservoir construe- Regional Forester..------d u ,...... A u g u s t . 1973. Oreg. •Snoqualmie National Forest timber management Snoqualmie National For­ Resource Plan ______d o . . . ------. . d o ------J u ly 1973. est, W a s h . plan. D o . •Rouge River National Forest timber manage­ Rouge River National F o r------d o ...... d o .d o . ment plan. est, O reg. Southern Region, Region 8: USDA, Forest Service, 1720 Peachtree Rd. NW., Atlanta, Ga.: , _ , T „„„ „,inprvlqnr Hiawassee unit plan______....______Cherokee National Forest, Land use.------* orest supervisor J u n e 19 7 2 ...... P e n d in g legisla­ Term. . tion . South Holston unit plan...... -...... -— ..—.do....;— -----do.—...... 0 M a rc h 1973...... J u ly 1973. Blanchard Springs______Ozark National Forest, Ark..------do - d o . A p r i l 1973...... - J u n e 1973. M a y 1973...... J u ly 1973. * Proposal for mining limestone on the Withla- Citrus County..------do _ d o . Cmtro^of^^pocket gopher ...... National forests in Texas—. Gopher control...------^-Ugust ...... alin? iota' pPrescribed ™ 9h^ hburning S f n r program n m m tateCoasWin the Coastal Plains. Regionwide...Regionwide...... Land Management Tech- Regional Forester. October 1973...... April 1974. L a n d u s e ...... F o re st S u p e rv is o r. M a y 1973...... Septem ber 1973. Mount Rogers unit plan ______Jefferson National Forest, V a ...... d o ...... — Cave Mountain Lake unit plan ...... do. ... ------...... d o ...... d o ...... - ...... - Wilson Creek unit plan ______National forests in North C a ro lin a . D o . Keowee unit plan ______Francis Marion-Sumter N a­ tional Forest, S.C...... _ d o ...... d o ...... - ...... D o .

a l F o re st, V a ...... d o ...... J u n e 1973...... O cowe e u n it p la n . T e n n . E a s te rn R e g io n , R e g io n 9: U S D A , F o re s t Service, 633 West Wisconsin Ave., Milwaukee, Wis.: . ’ . u M in in g ...... R e g io n a l F o r e s t e r ...... d o ...... N o n e . Linan mines operating plan ______;— Monongahela National For­ est, W . Va. Land use controls...... Forest Supervisor. March 1973...— June 1973. O ff-ro a d v e h ic le p o lic y ...... - ...... Hoosier National Forest,

Herbicide application .... Regionwide ...... — Herbicide- ...... - ...... Regional Forster. July 1972...... May 1973 Tim ber management plan ______...... ______avA Green Pn Mountain National RResource e so u rc e planplan...... F o r e s t S u p e rv is o r ...... d o ...... - D o . F o re s t, V t . D o ...... ______White Mountain National L a n d u se...... d o ...... June 1973...... Septem ber 1973. Forest, N .H ., Maine ...... d o ...... Regional Forester..-.____ d o ...... — Novem ber 1973. Management plan for the Boundary Waters canoe Superior National Forest, area. Minn. L a n d u se c on trols...... F o re s t S u p e rv is o r...... d o ...... Septem ber 1973. Off-road vehicle policy...... — White Mountain National Forest, N .H ., Maine, .d o . D o . Tim ber management plan ______Monongahela National For­ L a n d u se ...... — d o . est, W . Va. .d o ...... R e g io n a l F o re s te r. M a y 1973. D o . I n la n d Steele la n d exch a n g e ...... S u p e rio r N a t io n a l F o re st, M in n . Alaska Region, Region 10: U SD A, Forest Service, F e d e r a l O ffic e B ld g ., B o x 1628, J u n e a u , A la s k a : Chugach and Tongass N a ------d o ...- ..— ...... — — d o ...... d o ...... A u g u s t 1973. •R CA, Coast Guard and Forest Service com- ______tio n a l F orests. m u m c a tto n ssn te s...... North“ Tongass National Land use and timber sales.. Forest supervisor.. November 1973... May 1974. Chilkat Peninsula ...... N F o re st. .d o ...... M a y 1973______I ...... O c to b e r 1973. • E a s t B r a d fie ld sa le ------— d o ...... T im b e r sa le . d o ______d o ______S e p te m b e r 1973____M a rc h 1974. •Bear Creek sale.. ------¡— — ------d o ------"rin...... _ _ .d o ...... D e c e m b e r 1973______J u n e 1 9 7 4 ._____ *P ortage sale------— d o ..— ...... L a n d u m ————————— ...... d o ...... J u n e 1978— ...... Decem ber 1973. •Tongass National Forest land use plan..-. ------... North Tongass and South Tongass______National Forests| I , . 1 073 w £ h National Forest.______d o ...... - ...... - ...... d o ...... ± ¿ - 6 O— ...... Septem ber 1974. •Recreation cabins ...... — ...... Chugach National Forest. d o ...... M a y 1973...... A u g u s t 1973. •Barry Arm No. 1 sale ------d o ------T im b e r sa le . d o _____J u n e 1973...... Septem ber 1973. •Passage Canal salvage sale ------d o ...... — ------d o ------d o ...... d o — . — — M a y 1973...... July^l973. •P e re n o s a tim b e r s a l e ------...... - - - - ^ do.v,.....-.--— ¿f^^I-I'R^ii^Fii^I^do-«-:^----- Do. C o n s tru c tio n o f fis h w a y s i n roadless areas ...... Chugach and Tongass National Forests _

•Chom ley Sound timber sales...... — - d o ! ! ...... T i m b e r Sal6S...... “ d ° ...... R ^ t A m h e r i c Y s '" " K m 973' Arm ■ "? ...... December m3. • L o n g I s la n d t im b e r sa le ...... South Tongass Insecticide...... Area Director...... M a y 1973...... J u ly 1973. Southeastern area, State and private forestry: U S D A , Southeast area and Region 8 F o re st S e rv ic e , 1720 P e a c h tre e R d . N W . , A t la n t a , Ga.: Southern pine beetle. ' . . n _ Construction...... D ire c to r ...... d o ...... A u g u s t 1973. Southeastern Forest and Range Experiment Station: Near Charleston, S.C ...... U S D A , Forest Service, Post Office Bldg., P.O . Box 2570, Asheville, N .C .: Construction of forest research laboratory. . d o . — : ...... O c to b e r 1972...... Jun e 1973. North Central Forest Experiment Station: U SD A, Oneida County, Wis. (near Research on ecological effects. Forest Service, Folwell Ave., St. Paul, Minn.: Rhinelander). of gam m a radiation. Radiobiology of northern forest communities. Institute of Tropical Forestry: U S D A , Forest Service, P.O. Box AQ , Rio Piedras, P.R .: J u ly 1973...... Decem ber 1973. Multiple-use plan for the Caribbean National* Caribbean National Forest, L a n d u se...... d o . Forest. -P.R. . D*. Land use plan for E l Yunque Peak, Caribbean I.— .-do ------—————— ------uo. •...... do.. .do. National Forest.

FEDERAL REGISTER, VOL. 38, NO. T07— TUESDAY, JUNE 5, 1973

/ NOTICES 14781

National Forest Headquarters National Forests in Texas, Lufkin, Tex. 7590L the Council on Environmental Quality Ozark National Forest, Russellville, Ark., region 1 guidelines. 72801. P h i l i p K T h o r n t o n , Bitterroot National Forest, Hamilton, Mont. REGION 9 53804. Deputy Chief, Forest Service. Green Mountain National Forest, Rutland, Clearwater National Forest, Orofino, Idaho Vt., 05701. M a y 30, 1973. 83544. Hoosier National Forest, Bedford, Ind., 47421. Custer National Forest, Billings, Mont. 59103. [FR Doc.73-11202 Filed 6-4-73:8:45 am] Monongahela National Forest, Elkins, W . Va., Flathead National Forest, Kalispell, Mont. 26241. 59901. White Mountain National Forest, Laconia, Gallatin National Forest, Bozeman, Mont. LANDOWNERSHIP ADJUSTMENT PLAN N.H., 03246. 59715. BETWEEN WEYERHAEUSER CO. AND Kootenai National Forest, Libby, Mont. 59923. REGION 10 GIFFORD PINCHOT NATIONAL FOREST Lolo National Forest, Missoula, Mont. 59801. Chugach National Forest, Anchorage, Alaska, Availability of Draft Environmental St. Joe National Forest, St. Maries, Idaho, 83861. 99503. Statement North Tongass National Forest, Juneau, Nezperce National Forest, Grangeville, Idaho Alaska, 99801.. Pursuant to section 102(2) (C) of the 83530. National Environmental Policy Act of REGION 2 South Tongass National Forest, Ketchikan, Alaska, 99901. 1969, the Forest Service, Department of Arapaho National Forest, Golden, Colo. 80401. Agriculture, has prepared a draft én- [FR Doc.73-10986 Filed 6-4-73;8:45 am] White River National Forest, Glenwood vironmental statement for landowner- Springs, Colo. 81601. ship adjustment plan between Weyer­ REGION 3 Forest Service haeuser Co. and Gifford Pinchot Na­ tional Forest in Washington. USDA-FS- Apache National Forest, Springerville, Ariz. BLANCHARD SPRINGS CAVERNS 85938. DES (Adm) 73-70. Caorson National Forest, Taos, N. Mex, 87571. Notice of Availability of Final The environmental statement con­ Cibola National Forest, Albuquerque, N. Mex. Environmental Statement cerns a proposed landownership adjust­ 87103. Pursuant to section 102(2) (C) of the ment plan between Weyerhaeuser and Coconino National Forest, Flagstaff, Ariz. National Environmental Policy Act of the Forest Service, Weyerhaeuser is of­ 86002. fering 11,569 acres of their land to the Gila National Forest, Silver City, N. Mex. 1969, the Forest Service, Department of Agriculture, has prepared a final envi­ Forest Service in exchange for 11,847 88061. acres of National Forest lands, all in the Kaibab National Forest; Williams, Ariz. 86046. ronmental statement for the operation Prescott National Forest, Prescott, Ariz. of Blanchard Springs Caverns, USDA- State of Washington. The exchange will 86301. FS-FES- (Adm) 73-62. consolidate public and private lands and Sante Fe National Forest, Santa Fe, N. Mex. The environmental statement con­ will increase the number of land man­ 87501. cerns the following action: agement alternatives, reduce manage­ Sitgreaves National Forest, Holbrook, Ariz. ment costs, and make several thousand 86025. A dministrative A c t io n acres of public land available primarily Tonto National Forest, Phoenix, Ariz. 85025. Operation and administration, begin­ for recreation use. REGION 4 ning in July 1973, of a system of un­ This draft environmental statement Caribou National Forest, Pocatello, Idaho usually beautiful and unique caverns for was filed with CEQ on May 30, 1973. 83201. enjoyment and study by the public under Copies are available for inspection dur­ Challis National Forest, Challis, Idaho 83226. the administrative policies of USDA ing regular working hours at the follow­ Dixie National Forest, Cedar City, Utah Forest Service. The development con­ ing locations: 84720. sists of a visitor information center with Humboldt National Forest, Elko, Nev. 89801. USDA, Forest Service, South Agriculture Sawtooth National Forest, Twin Falls, Idaho elevators to the caverns; 0.7 mile of Building, room 3230, 12th Street and Inde­ 83301. paved and curbed caverns trails; indirect pendence Avenue SW., Washington, D.C. Toiyabe National Forest, Reno, Nev. 89503. caverns lighting; water, sewer, and elec­ 20250. Regional Forester’s Office, Pacific Northwest Uinta National Forest, Provo, Utah 84601. trical systems; shelter cave day use area for picnicking and swimming; and sup­ Region, 319 Southwest Pine Street, Port­ REGION 5 porting roads, hiking trails, and parking land, Oreg. 97208. Forest Supervisor’s Office, Gifford Pinchot Na­ Plumas National Forest, Quincy, Calif. 95971. facilities. tional Forest, 500 West 12th Street, Van­ Sierra National Forest, Fresno, Calif. 93721. This final environmental statement couver, Wash. 98660. Six Rivers National Forest, Eureka, Calif. was filed with CEQ on May 30, 1973. 95501. Copies are available for inspection A limited number of single copies are REGION 6 during regular working hours at the fol­ available upon request to John R. Gifford Pinchot National Forest, Vancouver, lowing locations: McGuire, Chief, U.S. Forest Service, Wash. 98660. Washington, D.C. 20250. USDA, Forest Service, South Agriculture Olympic National Forest, Olympia, Wash. Bldg., room 3230, 12th Street and Inde­ Copies are also available from the Na­ 98501. pendence Avenue SW., Washington, D.C. tional Technical Information Service, Umpqua National Forest; Roseburg, Oreg. 20250. U.S. Department of Commerce, Spring- 97470. USDA, Forest Service, 1720 Peachtree Road field, Va. 22151. Please refer to the name Wallowa-Whitman National Forest, Baker, N W , room 809, Atlanta, Ga. 30309. and number of the environmental state­ Oreg. 97814. USDA, Forest Service, Forest Supervisor, ment above when ordering. Willamette National Forest, Eugene, Oreg. Ozark-St. Francis National Forest, Box 340, 97401. Russellville, Ark. 73801. Copies of the environmental statement have been sent to various Federal, State, REGION 8 A limited number of single copies are and local agencies as outlined in the available upon request to Forest Super­ Cherokee National Forest, Cleveland, Tenn., Council on Environmental Quality 37311. visor, Ozark-St. Francis National Forest, guidelines. Box 340, Russellville, Ark. 72801. Francis Marion-Sumter National Forest, Co­ Comments are invited from the public lumbia, S.C., 29201. Copies are also available from the Na­ and from State and local agencies which tional Technical Information Service, George Washington National Forest, Har­ are authorized to develop and enforce U.S. Department of Commerce, Spring- risonburg, Va„ 22801. environmental standards, and from Fed­ field, Va. 22151. Please refer to the name Jefferson National Forest, Roanoke, Va., eral agencies having jurisdiction by law 24016. and number of the environmental state­ ment above when ordering. or special'expertise with respect to any National Forests in Florida, Tallahassee, Fla., environmental impact involved for which 32302. Copies of the environmental statement National Forests in North 'Carolina, Ashe­ have been sent to various Federal, comments have not been requested ville, N.C., 28802. State, and local agencies as outlined in specifically.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107- 14782 NOTICES

Comments are invited from the public (42 Stat. 159, as amended and supplemented; Comments concerning the proposed 7 U.S.C. 181 et seq.) action and requests for additional infor­ and from State and local agencies which mation should be addressed to John R. are authorized to develop and enforce Done at Washington, D.C., this 30th McGuire, Chief, U.S. Forest Service, environmental standards, and from Fed­ day of May 1973. eral agencies having jurisdiction by law Washington, D.C. 20250. Comments must E dw ar d L. T h o m p s o n , be received by July 13,1973, in order to be or special expertise with respect to any environmental impact involved for which Chief, Registrations, Bonds, and considered in the preparation of the final comments have not been requested spe­ Reports Branch, Livestock environmental statement. Marketing Division. cifically. P h i l i p L. T h o r n t o n , Comments concerning the proposed [FR Doc.73-11203 Filed 6-4-73;8:45 am] Deputy Chief, Forest Service. action and requests for additional infor­ M a y 30, 1973. mation should be addressed to Orville L. DEPARTMENT OF HEALTH, [P R Doc.73-11201 Piled 6-4-73;8:45 am] Daniels, Forest Supervisor, Bitterroot EDUCATION, AND WELFARE National Forest, 316 North Third Street, Hamilton, Mont. 59840. Comments must Food and Drug Administration MULTIPLE-USE PLAN— SKALKAHO-GIRD be received by July 13, 1973, in order to [Docket No. FDC—D-630; NADA’s Nos. AND SLEEPING CHILD PLANNING UNITS be considered in the preparation of the 11-036V and 11-385V] final environmental statement. Availability of Draft Environmental MERCK SHARP & DOHME RESEARCH Statement P h i l i p L. T h o r n t o n , LABORATORIES Pursuant to section 102(2) (C) of the Deputy Chief, Forest Service. Nithiazide; Notice of Opportunity for a National Environmental Policy Act of M a y 30,1973. Hearing 1969, the Forest Service, Department [FR Doc.73-11200 Filed 6-4-73;8:45 am] Notice is hereby given to Merck Sharp of Agriculture, has prepared a draft en­ & Dohme Research Laboratories, Divi­ vironmental statement for the Multiple- sion of Merck & Co., Inc., Rahway, N.J. Use Plan—Skalkaho-Gird and Sleeping Packers and Stockyards Administration 07065, and to any interested persons who Child Planning Units, Forest Service Re­ WALKER LIVESTOCK AUCTION, VAN may be adversely affected that the Com­ port No. USDA-FS-DES(Adm) 73-69. BUREN, ARK., ET AL. missioner of Food and Drugs proposes to The environmental statement con­ issue an order under the provisions of Deposting of Stockyards cerns the proposed action for implemen­ section 512(e) of the Federal Food, Drug, tation of a revised multiple-use plan for It has been ascertained, and notice is and Cosmetic Act (21 U.S.C. 360b(e)) the Skalkaho-Gird and Sleeping Child hereby given, that the livestock markets withdrawing approval of new animal P lan n in g Units. These units are located named herein, originally posted on the drug application (N A D A ). No. 11-036V on the Darby Ranger District of the Bit­ respective dates specified below as being for 16.7 percent Hepzide (Nithiazide) terroot National Forest in Ravalli subject to the Packers and Stockyards Soluble Powder and NADA No. 11-385V County, Mont. A total of 121,820 acres of Act, 1921, as amended (7 U.S.C. 181 et for Hepzide (Nithiazide) 30 percent National Forest land are affected. The seq.), no longer come within the defini­ Medicated Premix, products which are plan provides the district ranger with tion of a stockyard under said act and administered in the feed or drinking more detailed management guidance for are, therefore, no longer subject to the water of chickens or turkeys as an aid the units. The units are divided into 13 provisions of the act. in prevention and/or treatment of out­ different subunits. Each subunit com­ breaks of blackhead in turkeys and chick­ bines areas of similar uses, resource Facility No., name, location of stockyard,, and date of posting ens, and hexamiatisis in turkeys. potentials, and limitations. Consequently, The Commissioner, on the basis of new key values may be identified and man­ AR-144—Walker Livestock Auction, Van information before him with respect to agement guidance defined for each in­ Buren, Ark., July 19, 1971. such drugs evaluated together with the dividual subunit. ID-115— Meridian Sales Yard, Meridian, Idaho, January 14, 1955. evidence available to him when the ap­ This draft environmental statement KS-164—The Newton Livestock & Commis­ plications were approved, concludes that was filed with CEQ May 30,1973. sion Company, Newton, Kans., December, 9, the drugs are not shown to be safe un­ Copies are available for inspection dur­ 1959. der the conditions of use upon the basis ing regular working hours at the follow­ MO-221— Miller Livestock Auction Co., Miller, of Which the applications were approved. ing locations: Mo., March 9, 1972. Information available to the Commis­ NC—120— Union County Livestock Auction, USDA, Forest Service, South. Agriculture sioner has shown that more sensitive Inc., Mineral Springs, N.C., May 11, 1959. Bdg., room 3230, 12th Street and Independ­ NC—134— Carolina Stock Yards, Company, methods of analysis than those sub­ ence Avenue SW., Washington, D.C. 20250. Siler City, N.C., April 8, 1961. mitted with the NADA’s are needed to USDA, Forest Service, Northern Region, Fed­ OK—125— Elk City Livestock Auction, Inc., determine that no residues of the drug eral Bldg., room 3077, Missoula, Mont. Elk City, Okla., March 10, 1950. are present in the edible products of 59801. PA-102—Fanner’s Livestock Market, Blairs- treated chickens and turkeys. The Food USDA, Forest Service, Bitterroot National ville, Pa., July 31, 1969. , _ Forest, 316 North Third Street, Hamilton, and Drug Administration informed SD-135— Palace City Auction, Inc., Michell, Merck Sharp & Dohme Research Lab­ Mont. 59840. S. Dak., May 24, 1955. TX—103— Brazoria County Livestock Barn, oratories by letter of February 8, 1973, A limited number of single copies are that: (1) Long-term studies of com­ available upon request to: Alvin, Tex., June 21, 1967. TX-107— Athens Commission Company, Ath­ pounds resembling nithiazide in struc­ Orville L. Daniels, Forest Supervisor, Bitter­ ens, Tex., January 9,1957. ture and with similar spectrum of ac­ root National Forest, 316 North Third tivity have resulted in adverse effects: Street, Hamilton, Mont. 59840. Notice or other public procedure has (2) the lowest level of sensitivity in the Copies are also available from the Na­ not preceded promulgation of the fore­ validated method is 0.5 p/m, and this tional Technical Information Service, going rule. There is no legal justification was only for muscle tissue; and (3) no U.S. Department of Commerce, Spring- for not promptly deposting a stockyard information is available on potential field, Va. 22151. Please refer to the name which is no longer within the definition metabolites. Merck Sharp & Dohme Research Lab­ and number of the environmental state­ of that term contained in the act. The foregoing is in the nature of a oratories responded to the above-cited ment above when ordering. letter on April 12,1973. In their response, Copies of the environmental statement rule relieving a restriction and may be they stated that they do not intend to have been sent to various Federal, State, made effective in less than 30 days after develop new data to show that there are and local agencies as outlined in the publication in the F ederal R e g ister . no residues of the drugs or their metabo­ Council on Environmental Quality guide­ This notice shall become effective on lites in the edible tissue of treated animals. lines. June 5, 1973.

FEDERAL HEGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14783

Therefore, notice is given to Merck or denials, but must set forth specific 11:30 a.m., National Institutes of Health, Sharp & Dohme Research Laboratories facts showing that a genuine and sub­ Building 31, Conference Room 11A10. and to any other interested person that stantial issue of fact requires a hearing This meeting will be open to the public the Commissioner proposes to issue an (21 CFR 135.15(b)). to discuss the fiscal year 1974 budget and order under section 512(e) of the Fed­ I f review of the data submitted by an the agenda for the June 1973 meeting of eral Food, Drug, and Cosmetic Act with­ applicant or any other interested person the National Cancer Advisory Board. A t­ drawing approval of the listed NADA’s warrants the conclusion that there ex­ tendance by the public will be limited to and all amendments and supplements ists substantial evidence demonstrating space available. thereto on the grounds that new evi­ the safety of the products for the label­ Mr. Frank Karel, Associate Director dence not contained in such applications ing claims involved, the Commissioner for Public Affairs, NCI, building 31, room and not available until after such appli­ will rescind this notice of opportunity 10A31, National Institutes of Health, cations were approved, evaluated to­ for a hearing. Bethesda, Md. 20014 (301-496-1911) will gether with the evidence available when If review of the data in the applica­ furnish summaries of the open meeting the applications were approved, shows tions and data submitted by the ap­ and roster of committee members. that such drugs are not shown to be plicant or any other interested person Dr. James A. Peters, executive secre­ safe for use under the conditions of use in a request for a hearing, together with tary, building 31, room 11A05, National upon the basis of which the applications the reasoning and factual analysis in a Institutes of Health, Bethesda, Md. 20014 were approved. request for a hearing, warrants the con­ (301-496-6618) will provide substantive All identical, related, or similar prod­ clusion that no genuine and substantial program information. ucts not the subject of an approved new issue of fact precludes the withdrawal of animal drug application are covered by approval of the applications, the Com­ Dated June 1, 1973. the new animal drug applications re­ missioner will enter an order of with­ J o h n F. S h e r m a n , viewed. Any manufacturer or distributor drawal making findings and conclusions Deputy Director, NIH. of such an identical, related, or similar on such data. [FR Doc.73-11320 Filed 6-4-73;9:45 am] product is an interested person who may If, upon the request of the new animal in response to this notice submit data drug applicant or any other interested and information, request that the new person, a hearing is justified, the issues Social and Rehabilitation Service animal drug applications not be with­ will be defined, an administrative law drawn, request a hearing, and partici­ NATIONAL ADVISORY COUNCIL ON SERV­ judge will be named, and he shall issue, ICES AND FACILITIES FOR THE DEVEL- pate as a party in any hearing. Any as soon as practicable after the expira­ OPMENTALLY DISABLED person who wishes to determine whether tion of July 5, 1973, a written notice a specific product is covered by this of the time and place at which the hear­ Notice of Meeting notice should write to the Food and ing will commence. All persons interested The National Advisory Council on Drug Administration, Bureau of Veteri­ in identical, related, or similar products Services and Facilities for the Develop- nary Medicine, Division of Compliance, covered by the new animal drug appli­ mentally Disabled, created to advise the 5600 Fishers Lane, Rockville, Md. 20852. cations will be afforded an opportunity Secretary on regulations and evaluation In accordance with the provisions of to appear at the hearing, file briefs, pre­ of programs for Public Law 91-517, will section 512 of the act and the regula­ sent evidence, cross-examine witnesses, hold a regular meeting on June 8 and 9, tions promulgated thereunder (21 CFR submit suggested findings of fact, and 1973, in the Commonwealth Center and pt. 135), the Commissioner hereby gives otherwise participate as a party. The South Rooms of the Olde Colony Motor the applicant and any other interested hearing contemplated by this notice will Lodge and Conference Center, North person an opportunity for a hearing to be open to the public except that any Washington and First Street, Alexandria, show why approval of the new animal portion of the hearing that concerns a Va. On June 8 the meeting will begin at drug applications should not be with­ method or process the Commissioner 8:30 a.m. and recess at 5:30 p.m. On drawn. finds entitled to protection as a trade June 9 the meeting will reconvene at On or before July 5, 1973, the appli­ secret will not be open to the public, 9 a.m. and adjourn at 2:30 p.m. The cant and any other interested person is unless the respondent specifies otherwise agenda will include a presentation and required to file with the Hearing Clerk, in his appearance. discussion of long-range goals and ob­ Food and Drug Administration, room Requests for hearing and/or elections jectives relevant to developmentally dis­ 6-88, 5600 Fishers Lane, Rockville, Md. not to request a hearing may be seen in abled children and adults, discussion of 20852, a written appearance electing the Office of the Hearing Clerk (address supplemental security income as it re­ whether or not to avail himself of the given above) during regular business lates to developmentally disabled chil­ opportunity for a hearing. Failure of hours, Monday through Friday. dren and adults, discussion of the impact an applicant or any other interested per­ This notice is issued pursuant to of changes of regulations as they apply son to file a written appearance of elec­ provisions of the Federal Food, Drug, to title VI, a review of legislation, and tion on or before July 5, 1973, will con­ and Cosmetic Act (sec. 512(e), 82 Stat. a report on the Developmental Disabili- stitute an election by him not to avail 343-351; 21 U.S.C. 360b(e)) and under ties/Technical Assistance System at Uni­ himself of the opportunity for a hearing. authority delegated to the Commissioner versity of North Carolina. The meeting If no person elects to avail himself (21 CFR 2.120). on June 8 will be open to the public. It of the opportunity for a hearing, the Dated May 29, 1973. has been determined that the meeting Commissioner without further notice on June 9 shall be closed to the public will enter a final order withdrawing ap­ S a m D . F i n e , from 1 p.m. to 2:30 p.m. to express the proval of the applications. Associate Commissioner views and judgments of the members I f an applicant or any other interested for Compliance. on their advice to the Secretary on eval­ person elects to avail himself of the op­ [FR Doc.73-11133 Filed 6-4-73;8:45 am] uation of the developmental disabilities portunity for a hearing, he must file, program. Such views if reduced to writ­ on or before July 5, 1973, a written ap­ ing would be protected from mandatory pearance requesting the hearing, giving National Institutes of Health disclosure under section 552(b) (5) of the reasons why approval of the new PRESIDENT’S CANCER PANEL, title 5 U.S.C. Additional information can animal drug applications should not be NATIONAL CANCER INSTITUTE be obtained by calling the Executive Secretary at 202-962-7355. withdrawn, together with a well-orga­ Notice of Meeting nized and full factual analysis of the R o n a ld B . A l m a c k , Pursuant to Public Law 92-463, notice Acting Executive Secretary. data he is prepared to prove in support is hereby given of the meeting of the of his opposition. A request for a hear­ President’s Cancer Panel, National Can­ M a y 31, 1973. ing may not rest upon mere allegations cer Institute, June 8, 1973, 9:30 a.m. to [FR Doc.73-11171 Filed 6-4-73:8:45 am ]

FEDERAL REGISTER, VOL, 38, NO. 107— TUESDAY, JUNE 5, 1973 14784 NOTICES

DEPARTMENT OF ments in the high altitude route struc­ standard microwave landing system as TRANSPORTATION ture on a case-by-case basis, starting in well as with its application and funding. 1976. High altitude en route sectors are Of the six national, aviation-related or­ Federal Aviation Administration defined as all sectors having floors at or ganizations that responded only one ob- NATIONAL AIRSPACE SYSTEM above the existing low altitude route jeption to the selection of an interim sys­ Notice of Policy Decision Regarding Air structure ceiling of 18,000 feet. By satis­ tem was voiced. The primary basis of Traffic Control Radio Frequency Assign* fying the high altitude en route require­ that objection was the assertion that an ment ments, on 25 kHz spaced channels start­ FAA-designated interim system would ing at the upper end of the air traffic hamper the orderly development and The Federal Aviation Administration control spectrum, it appears that all re­ transition to the universal MLS system. (FAA) on February 9, 1972, issued a no­ quirements in the low altitude route Of the other remaining 35 commentors, tice of invitation for comments in the structure “and at terminals and flight only one share this' view. The Decem­ F ederal R egister on the proposed inte­ service stations may be accommodated ber 22, 1972, policy statement specified gration of 25 kHz spaced VHF communi­ on 50 kHz channels for a number of years that the national DOT/DOD/NASA MLS cation channels into the National Air­ after introduction into the high altitude program is on schedule and, upon its suc­ space System. This notice informed the structure. The implementation of new cessful completion toward the end of the public that due to existing problems of channelization below the high altitude decade, it will provide implementation of frequency congestion, apd the expected en route sectors will remain the subject an improved low approach landing capa­ growth in aviation that the FAA was of further study. The results of this study bility. The FAA believes that limited ap­ planning to increase the air traffic con­ should be available to the public on or plication of the interim standard micro- trol communication capability by divid­ before June 30,1974. wave landing system (in comparison to ing the available spectrum into 25 kHz In accordance with this decision, the the established VHF/UHF ILS system) spaced channels. A tentative schedule for FAA will coordinate with the FCC with will not detract from the national MLS integration of 25 kHz spaced channels respect to the notice of proposed rule- program. was set forth commencing in the high making, Docket No. 19647, concerning In addition to comments on the policy altitude en route sectors in January of the conversion of air/ground transmit­ itself, respondents expressed the follow­ 1976, progressing into the low altitude ters to frequency tolerances applicable to ing requirements for the interim micro- sectors and being deployed at selected a 25 kHz environment. The FAA will re­ wave landing system: Low system cost; air traffic control tower facilities and se­ quest that the FCC final rule reflect the category I accuracy; high reliability and lected flight service stations in June 1979. planning shown above. maintainability; and a split site system configuration capability. A total of 37 comments were received Issued in Washington, D.C., on May 21, Based upon all comments received, the as a result of the above-mentioned no­ 1973. tice. The majority of the comments con­ FAA intends to proceed with the selec­ A lex and er P. B u t t e r f ie l d , tion of an interim standard microwave curred with the proposal. Of the six Administrator. established aviation organizations which landing system using a performance responded (AOPA, ATA, ATCA, EAA, [FR Doc.73-11127 Filed 6-4-73;8:45 am] specification for that purpose. Bidder GAMA, NBAA), five concurred. The evaluation criteria will be established in AOPO did not concur. Among other com­ keeping with the desired system capa­ INTERIM STANDARD MICROWAVE bilities stressed by the respondents to the ments the AOPA stated they did not LANDING SYSTEM consider the proposed time period to be invitation for comments. reasonable. Along this line, the NBAA, Notice of Policy Decision In accordance with this decision the while concurring, suggested a 2-year de­ On December 22,1972, the Federal Avi­ FAA will issue a request for proposals lay in the implementation of 25 kHz ation Administration (FAA) issued an (RFP) using a performance specification below the jet route structure. invitation for comments in the F ederal as its basis. Further, amendments to FAR Comments received from individuals R egister on a policy statement regarding part 171 will be proposed to require numbered 31 and were almost evenly the selection of an interim standard grantee use of the standard interim divided on the pros and cons of channel microwave landing system. An addendum microwave landing system to qualify for spacing, with 17 concurrences and 14 to that invitation was issued in the F e d ­ ADAP funding assistance whenever a noncurrences. The comments of those eral R egister on January 18, 1973. The microwave approach system is planned. who nonconcured reflected the opinion invitation and its addendum informed The FAA will also undertake the devel­ that the time schedule was unreasonable the public of FAA’s intention to select an opment of facility establishment criteria and imposed an unnecessary economic interim standard microwave landing for use when planning interim microwave burden on the user. system which can be used at locatiQns landing systems. An overall analysis of comments shows where a VHF/UHF H jS will not perform Issued in Washington, D.C., on May 22, no substantive objections to the use of 25 in an effective manner, or where the 1973. kHz spaced channels at high altitudes. needs for low approach service would be A lex and er P. B u t t e r f ie ld , The greatest economic impact would re­ better met by the use of the interim Administrator. standard (system). sult from implementation of 25 kHz be­ [FR Doc.73-11128 Filed 6-4-73;8:45 am) low the jet route structure and particu­ The policy statement also stipulated larly if required by VFR traffic at air that a performance specification would traffic control tower facilities and se­ be utilized to select the interim standard Hazardous Materials Regulations Board lected flight service stations. microwave landing system and that HAZARDOUS MATERIALS REGULATIONS Since the proposal was published, the through appropriate rulemaking action, BOARD RECORDS FAA has closely investigated forecast user the. FAA will propose that this interim Notice of Change of Location demand and internal requirements. In standard (system) * * * be the only view of a slowdown in the growth rate, system eligible for ADAP funding; * * * The records of the Hazardous Ma­ it has been determined that the 25 kHz be considered a public use facility; * * * terials Regulations Board of the Depart­ implementation for air traffic control (and) also be eligible for F&E funding. ment of Transportation have been purposes can proceed more slowly than Comments were requested on the op­ moved to room 6215 of the Buzzard Point indicated in the aforementioned pro­ erational, technical, and economic as­ Building located at Second and V Streets posed schedule. Accordingly, it is the in­ pects of the policy to insure that the sys­ SW.', Washington, D.C. They are avail' tention of the FAA to proceed with the tem selected would meet the broadest able for examination between the hours 25 kHz channel implementation for high spectrum of user requirements in the of 9 a.m. and 5 p.m. each Federal work­ altitude en route sectors commencing in most efficient manner. ing day. January of 1977. Definite plans for im­ A total of 41 comments was received in The mailing address is as follows: Sec­ plementation have not been finalized but reply to the invitation for comments. The retary, Hazardous Materials Regulations certain congested areas may require im­ majority of the commentors approved of Board, Department of Transportation, plementation of 25 kHz channel assign­ FAA’s intention to select an interim Washington, D.C. 20590.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14785

Issued in Washington, D.C., on May 24, on this subject (49 CFR 555.7), and does suite 500, Washington, D.C. 20037, tele­ 1973. not represent any agency decision or phone 254-7020. A lan I. R oberts, other exercise of judgment concerning Dated May 31, 1973. Secretary. the merits of the petition. [PR Doc.73-11164 Piled 6-4-73;8:45 am] Interested persons are invited to sub­ R ichard K . B erg, mit comments on the petition of Cush­ Executive Secretary. man Motors described above. Comments [P R Doc.73-11182 Piled 6-4-73;8:45 am] National Highway Traffic Safety should refer to the docket number and Administration be submitted to: Docket Section, Na­ ATOMIC ENERGY COMMISSION [Docket No. EX73-4; Notice 1] tional Highway Traffic Safety Adminis­ tration, room 5221, 400 Seventh Street ADVISORY COMMITTEE ON REACTOR CUSHMAN MOTORS SW., Washington, D.C. 20590. It is re­ SAFEGUARDS’ SUBCOMMITTEE ON Petition for Temporary Exemption From quested but not required that five copies ATLANTIC GENERATING STATION be submitted. Motor Vehicle Safety Standard Notice of Meeting Cushman Motors of Lincoln, Nebr., a All comments received before the close of business on the comment closing date division of Outboard Marine Corpora­ M a y 31, 1973. tion, has applied for a temporary exemp­ indicated below will be considered, The In accordance with the purposes of sec­ tion of its Haulster model from compli­ application and supporting materials, tions 29 and 182b of the Atomic Energy ance with the stopping distance require­ and all comments received, are available Act (42 U.S.C. 2039, 2232b), the Advisory ments of Federal Motor Vehicle Safety for examination in the docket both be­ Committee on Reactor Safeguards Sub­ Standard No. 122, Motorcycle Brake fore and after the closing date. Com­ committee on Atlantic Generating Sta­ ments received after the closing date Systems, on the basis that compliance tion will hold a meeting on June 20,1973, would cause it substantial economic will also be filed, and will be considered in room 1046 at 1717 H Street NW., hardship. to the extent possible. If the petition is Washington, D.C. The purpose of this According to the petition the Cushman granted, notice will be published in the meeting will be to continue the review of Haulster is a three-wheeled vehicle with F ederal R eg ister pursuant to the au­ the premilinary site description report a curb weight of 985 pounds and a top thority indicated below. for the Atlantic Generating Station, pro­ speed of 37.8 miles per hour. It is sold Comment closing date.—July 6, 1973. posed as a barge-mounted nuclear gen­ principally to police departments as a erating station to be located approxi­ Proposed effective date.—Date of issu­ mately 3 miles offshore of the southeast patrol vehicle, and to municipalities, in­ ance of exemption. stitutions, and businesses for use as a coast of New Jersey, and approximately refuse and general utility vehicle. Less (Sec. 3, Public Law 92-548, 86 Stat. 1159, 15 11 miles northeast of Atlantic City, N.J. than 1 percent are sold to individuals. U.S.C. 1410; delegation, of authority at 38 PR 12147.) The following constitutes that portion Cushman’s 1972 production of motor ve­ of the Subcommittee’s agenda for the hicles as that term is defined in the Na­ Issued on May 30, 1973. above meeting which will be open to the tional Traffic and Motor Vehicle Safety public: Act was 978. Ja m e s E. W il s o n , Wednesday, June 20, 9:30 am.-3:30 p.m. Cushman requests the exemption for Associate Administrator, a period of 3 years, from January 1, 1974 Traffic Safety Programs. Review of preliminary site description to January 1, 1977. The vehicles would [FR Doc.73-11181 Piled 6-4r-73;8:45 am] report, Atlantic Generating Station be relieved from compliance with the Units 1 and 2. (Presentations by regu­ stopping distance requirements of para­ latory staff and representatives of Pub­ graph S5. During the period of the ex­ ADMINISTRATIVE CONFERENCE OF lic Service Electric & Gas Co. of New emption Cushman will evaluate a new THE UNITED STATES Jersey and their representatives and discussions with these groups.) Bendix brake that becomes available in AMENDED NOTICE OF PUBLIC MEETING October 1973 for compliance with stand­ ard No. 122. On the basis of present tech­ The membership of the Administra­ In connection with the above agenda nology, however, the standard allegedly tive Conference of the United States will item, the Subcommittee will hold an ex­ can not be met without an increase in meet in plenary session on Thursday, ecutive session beginning at 8:30 a.m. wheel size from 8 to 9 inches or an in­ June 7, 1973, at 1:30 p.m. and on Friday, which will involve a discussion of its pre­ crease in the braking effort in the front June 8, 1973, at 9:30 a.m. The Confer­ liminary views, and an executive session wheel. Use of a larger wheel, in Cush­ ence will meet both days at the Inter­ at the end of the day, consisting of an exchange of opinions of the Subcommit­ man’s opinion, will render the vehicle national Conference Room, Department less stable by raising its center of gravity. of State,'Washington, D.C. Our previous tee members present and internal delib­ erations and formulation of recommen­ Increase in braking effort may increase notice of meeting (F ederal R e g ister of the possibility of jackknifing. Estimated May 23, 1973, 38 FR 13614) stated that dations to the ACRS. In addition, prior to the executive session at the end of the tooling and engineering costs are $50,000, the June 8 meeting would be held in thè no matter whether compliance is New Executive Office Building, Wash­ day, the Subcommittee may hold a closed achieved as soon as possible or at the end ington, D.C. session with the regulatory staff and ap­ of 1, 2, or 3 years. The resulting increase plicant to discuss privileged information The agenda of the meeting is as stated relating to plant security, if necessary. in unit retail price would be $75 to $100. in our previous notice. It is anticipated The average price of a Haulster to Cush­ I have determined, in accordance with that the June 7 meeting will be devoted subsection 10(d) of Public Law 92-463, man dealers is $1,500. Cushman has also to consideration of the American Bar filed with its petition test results show- that the executive session at the begin­ Association proposals to amend the Ad­ ning and end of the meeting will consist the extent of noncompliance with stand­ ministrative Procedure Act and the ard No. 122. of an exchange of opinions and formula­ June 8 meeting to the remaining items. tion of recommendations, the discussion Interested persons should note that if Plenary sessions of the Conference are of which, if written, would fall within the proposed redefinition of motorcycle open to the public. Persons attending exemption (5) of 5 U.S.C. 552(b) and (38 FR 12818) is adopted, the Haulster, are requested, to enter the Department that a closed session may be held, if which has a full or partial enclosure for of State building by the C Street en­ necessary, to discuss certain informa­ the driver, would no longer be categorized trance. Since identification and indica­ tion relating to site security which is as a motorcycle and standard No. 122 tion of business are required for admis­ privileged and falls within exemption would be inapplicable. sion to the building, members of the (4) of 5 U.S.C. 552(b). It is essential to This notice of receipt of a petition for public who plan to attend will save time close such portions of the meeting to pro­ a temporary exemption is published in by registering in advance with the Office tect such privileged information and pro­ accordance with the NHTSA regulations of the Chairman, 2120 L Street NW., tect the free interchange of internal

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14786 NOTICES DEPARTMENT OF THE INTERIOR views and to avoid undue interference [Dockets Nos. 50-269A, etc.] with agency or Committee operation. DUKE POWER CO. Revocation of Authority to Make Noncareer Practical considerations may dictate Executive Assignment Order for Further Prehearing Conference alternations in the above agenda or Under authority of § 9.20 of Civil Serv­ schedule. In the matter of Oconee Units 1, 2, ice Rule IX (5 CFR 9.20), the Civil The Chairman of the Subcommittee is and 3; McGuire Units 1 and 2; dockets Service Commission revokes the author­ empowered to conduct the meeting in a Nos. 50-269A, 50—270A, 50-287A, 50- ity of the Department of the Interior to manner that in his judgment will facili­ 369A, and 50-370A. fill by noncareer executive assignment in tate the orderly conduct of business. The Board has been gratified at the the excepted service the position of With respect to public participation in efforts of the parties among themselves Deputy Assistant Secretary for Programs, the open portion of the meeting, the fol­ and with third persons subject to sub- Office of the Secretary. lowing requirements shall apply: pena, to reach a practical solution for (a) Persons wishing to submit writ­ discovery of needed information. How­ U.S. C i v i l S ervice ten statements regarding the agenda ever, some unresolved questions appear C o m m is s io n , items may do so by mailing 25 copies to remain. Hence the Board had deter­ [ s e a l ] J am e s C. S p r y , thereof, postmarked no later than mined to grant a further period for the Executive Assistant to June 12,1973, to the executive secretary, purpose of consultation particularly in ' / the Commissioners. Advisory Committee on Reactor Safe­ light of the guidelines handed down by [FR Doc;73-11186 Filed 6-4-73;8:45 am] guards, U.S. Atomic Energy Commission, the Appeals Board in its Consumers Washington, D.C. 20545. Such comments Power Decision of May 16, and then to shall be based upon the preliminary site request the parties and the involved third DEPARTMENT OF THE INTERIOR description report and related docu­ persons to be present at a conference to Grant of Authority To Make Noncareer ments on file and available for public in­ finally resolve the remaining problems. Executive Assignment spection at the Atomic Energy Commis­ Accordingly, I t is ordered: sion's public document room, 1717 H 1. That a prehearing conference be Under authority of § 9.20 of Civil Serv­ Street NW „ Washington, D.C. 20545, and held on June 20, 1973, at 9:30 a.m. on ice Rule IX (5 CFR 9.20), the Civil Serv­ ice Commission authorizes the Depart­ the Wallace R. Host Community Library, June 20, 1973, at 811 Vermont Avenue ment of the Interior to fill by noncareer North School, Lafayette and Evans Ave­ NW., room 111, Washington, D.C. (Vet­ nue, Brigantine, N.J. 08203. executive assignment in the excepted (b) Those persons submitting a writ­ erans Administration Building), for the service the position of Deputy Under Sec­ ten statement in accordance with para­ purposes stated in the preamble hereof retary, Offices of the Secretary. graph (a) above may request an opportu­ and for such other purposes as may ex­ U.S. C i v i l S er vice nity to make oral statements concerning pedite the proceedings. C o m m is s io n , the written statement. Such requests 2. The parties who have had subpenas [ s e a l ] J am e s C . S p r y , shall accompany the written statement issued shall serve a copy of this order Executive Assistant to and shall set forth reasons justifying the the Commissioners. need for such oral statements and its on each person subpenaed together with usefulness to the Subcommittee. To the a detailed statement quoting the items [FR Doc.73-11184 Filed 6-4^73;8:45 am] extent that the time available for the unresolved on or before June 11, 1973, meeting permits, the Subcommittee will and, the persons subpenaed are required DEPARTMENT OF LABOR receive oral statements during a period to file a response by June 17,1973, if they of not more than 30 minutes at an ap­ Notice of Grant of Authority to Make propriate time, chosen by the Chairman are unwilling to produce such items. Noncareer Executive Assignment 3. The time of the parties to attempt of the Subcommittee, between the hours Under authority of § 9.20 of Civil Serv­ of 1:30 p.m. and 3 p.m. on the day of to resolve differences among themselves ice Rule r x (5 CFR 9.20), the Civil Serv­ the meeting. or with third persons is extended to and ice Commission authorizes the Depart­ (c) Requests for the opportunity to including June 9, 1973. ment of Labor to fill by noncareer execu­ make oral statements shall be ruled on Issued at Washington, D.C., this 29th tive assignment in the excepted service by the Chairman of the Subcommittee, the position of executive assistant to the who is empowered to apportion the time day of May 1973. Under Secretary, Office of the Secretary. available among those selected by him T h e A t o m ic S a f e t y and L ic e n s ­ U.S. C i v i l S e r vic e C o m ­ to make oral statements. in g B oard, m is s io n , (d) Information as to whether the W alter W. K. B e n n e t t , meeting has been canceled or rescheduled Chairman. [ s e a l ] J a m es C. S p r y , Executive Assistant to and in regard to the Chairman's ruling [FR Doc.73-10969 Filed 6-4-73;8:45 am] on requests for the opportunity to present the Commissioners. oral statements, and the time allotted, [FR Doc.73-11185 Filed 6-4-73:8:45 am] can be obtained by a prepaid telephone CIVIL SERVICE COMMISSION call on June 19, 1973, to the office of the DEPARTMENT OF HEALTH, EDUCATION, COST OF LIVING COUNCIL executive secretary of the Committee AND WELFARE (telephone 301-973-5651) between 8:30 FOOD INDUSTRY WAGE AND SALARY Grant of Authority To Make Noncareer COMMITTEE a.m. and 5:15 p.m. e.d.t. Executive Assignment (e) Questions may be propounded only Determination To Close Meeting Under authority of § 9.20 of Civil by members of the Subcommittee and its Pursuant to authority granted me by consultants. Service Rule IX (5 CFR 9.20), the Civil Cost of Living Council order 25, I have

FEDERAL REGISTER, VOL. 38, NO. 107—-TUESDAY, JUNE 5, 1973 NOTICES 14787

Issued in Washington, D.C. on June 1, These requests to address the Commit­ The Commission finds 1973, tee will be ruled on by the chairman, ( 1 ) The intervention of Texas Eastern H e n r y H . P e r r it t , Jr., who will apportion the time available and Algonquin in this proceeding may be Executive Secretary, among those selected by him to make in the public interest. Cost of Living Council. oral statements. (2) It is necessary and proper in the [PR Doc.73-11283 Piled 6-l-73;3:33 pm] Those submitting requests to make oral public interest and to aid in the enforce­ statements may determine whether their ment of the provisions of the Natural request has been granted and the time Gas Act that the issues in this proceeding FOOD INDUSTRY ADVISORY COMMITTEE allotted to them by telephoning James be scheduled for hearing in accordance Notice of Meeting Murphy at 202-254-3008 on June 8, 1973, with the procedures set forth below. between 8 a.m. and 5 p.m., e.d.s.t. The Commission orders Pursuant to the provisions of the Fed­ The afternoon session of the June 11 eral Advisory Committee Act (Public Law meeting and the entire meeting on (A ) Texas Eastern and Algonquin are 92-453, 86 Stat. 770), notice is hereby June 12 will consist of a consideration by hereby permitted to intervene in this given that the Food Industry Advisory the Committee, in executive session, of proceeding, subject to the rules and reg­ Committee, created by section 7(b) of a number of policy matters relating to ulations of the Commission: Provided, Executive Order 11695 will meet on the advice the Committee ought to give however, That the participation of such June 11 and 12, 1973, at 2000 M Street the Cost of Living Council regarding the interveners shall be limited to matters NW „ Washington, D.C. The meeting on Council’s regulation of the food industry. affecting asserted rights and interests as June 11 will commence at 9 a.m. in room specifically set forth in said petitions for Since these discussions, if written, 2105. The afternoon session will begin leave to intervene; and Provided, further, would fall within exemption (5) of 5 at 1 p.m. in room 7206. The meeting on That the admission of said interveners U.S.C. 552(b), and since it is necessary shall not be construed as recognition by June 12 will commence at 9 a.m. in room to close the meeting if we are to have a 7206. the Commission that they might be ag­ free exchange of internal views, I have The June 11 meeting will be open to the grieved by any order or orders of the determined under the authority granted Commission entered in this proceeding. public from 9 a.m. to 12 noon. The me in Cost of Living Council Order 25, (B) Pursuant to the authority of the agenda is as follows: to close the meeting pursuant to section Natural Gas Act, particularly sections 9 a.m.— Presentation on unit pricing by a 10(d) of the Federal Advisory Commit­ 7 and 15 thereof, the Commission’s rules consumer representative. tee Act. 10 a.m.— Briefing on fisheries policies and of practice and procedure, and the regu­ programs by the National Oceanic and Issued in Washington, D.C., on June 1, lations under the Natural Gas Act, a Atmospheric Administration. 1973. public hearing shall be held on July 3, 11 a.m.— Presentations by several represent-: H e n r y P eRr it t , 1973, at 10 a.m. (e.d.t.) in a hearing room atives of the seafood industry. Executive Secretary, of the Federal Power Commission, 825 Practical considerations may induce Cost of Living Council. North Capitol Street NE., Washington, changes in this agenda. [P R Doc.73-11360 Filed 6-4-73; 11:38 am] D.C. 20426, concerning the issue of The chairman of the Committee is em­ whether a certificate of public conven­ ience and necessity should be granted as powered to conduct the meeting in a FEDERAL POWER COMMISSION fashion that will, in his judgment, facili­ requested by Apache in its application tate the orderly conduct of business. Only [Docket No. 0173-677] filed herein on April 4,1973. members of the Committee, and its staff, APACHE EXPLORATION CORP. (C) On or before June 18, 1973, may question the witnesses. The chair­ Apache and any supporting party shall man may, if he believes it would be use­ Order Granting Interventions, Setting file with the Commission and serve upon ful to the work of the Committee and Hearing Date and Prescribing Procedure all parties, including Commission staff, time permits, entertain questions from M a y 29, 1973. their testimony and exhibits to support the floor. Due to space limitations, it is On April 4, 1973, Apache Exploration of their positions. possible that there will not be enough Corp. (Apache) filed an application In (D ) An Administrative Law Judge to seating. Persons will be admitted on a docket No. CI73-677 for a limited term be designated by the Chief Administra­ first-come-first-served basis. certificate of public convenience and tive Law Judge—see Delegation of Au­ Anyone may submit a written state­ necessity with pregranted abandonment thority, 18 CFR 3.5(d)— shall preside at, ment by mailing it to James Murphy, authority, pursuant to order No. 431 and and control this proceeding to accord­ room 8014, 2000 M Street NW., Wash­ § 157.23 of the Commission’s regulations ance with the policies expressed in the ington, D.C. 20508. It is suggested that under the Natural Gas Act, for the sale Commission’s rules of practice and proce­ statements concerning unit pricing or of gas produced from certain leases in dure and the purposes expressed to this order. seafood production would be particularly Lafourche Parish, La., to Texas Eastern relevant with respect to this meeting. Transmission Corp. (Texas Eastern), By the Commission. Any statements concerning those sub­ pursuant to a contract dated October 18, [ s e a l ] M a r y B . K idd, jects received 3 or more days prior to 1972. The estimated volume of this pro­ Acting Secretary. the meeting will be provided to the Com­ posed sale is 150,000 M ft8 per month. mittee before the meeting. [P R Doc.73-11111 Filed 6-4-73;8:45 am] Specifically, Apache requests the is­ Any statement over 3 pages in length suance of a certificate limited to a term should be submitted in 20 copies. of 1 year with pregranted abandonment [Docket No. GI73-699] While the Committee anticipates that for a sale of gas to Texas Eastern from APACHE EXPLORATION CORP. the bulk of the available time will be acreage in‘the Wildcat Field, Lafourche taken up by the scheduled testimony, Parish, south Louisiana, at a rate of Order Granting Intervention, Setting Hearing Date and Prescribing Procedure anyone who has submitted a written 50 cents subject to an upward and down­ statement in the manner set out above, ward British thermal unit adjustment. M a y 29,1973. may request an opportunity to address The justification for the rate as well as On April 16, 1973, Apache Exploration the Committee. The request should ac­ other public interest issues should be Corp. (Apache) filed, as supplemented company the written statement and presented on a full evidentiary record. on April 23,1973, an application in docket should explain why an oral statement is Accordingly, we will set this matter for No. CI73-699 for a limited term certifi­ necessary and why it would be useful to a formal, expeditious hearing. cate of public convenience and necessity the Committee. To the extent that time Timely petitions to intervene in favor with pregranted abandonment author­ of the application were received from ity, pursuant to Order No. 431 and permits, the Committee will receive these Texas Eastern on April 30, 1973, and § 157.23 of the Commission’s regulations oral statements with respect to the topics from Algonquin Gas Transmission Co. under the Natural Gas Act, for the sale listed on the agenda. (Algonquin) on May 2,1973. of gas to Transwestem Pipeline Co.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14788 NOTICES

(Transwestern) from the Vici Field, thority, 18 CFR 3.5(d)—shall preside at, any order or orders of the Commission Dewey County, Okla. (Hugoton Anadarko and control this proceeding in accord­ entered in this proceeding. Area). ance with the policies expressed in the (B) Pursuant to the authority of the Specifically, Apache proposes to deliver Commission’s rules of practice and pro­ Natural Gas Act, particularly sections 7 all of its interest attributable to gas pro­ cedure and the purposes expressed in this and 15 thereof, the Commission’s rules duced from the Crow No. 1 well for 1 order. of practice and procedure, and the regu­ lations under the Natural Gas Act, a year pursuant to a contract dated March By the Commission. 20, 1973. First month deliveries are esti­ public hearing shall be held on July 9, mated at 26,250 M ft3. The proposed rate [ s e a l ] M a r y B . K idd, 1973, at 10 a.m., e.d.t., in a hearing room of 54 cents (14.65 lb/in2a), subject to Acting Secretary. of the Federal Power Commission, 825 upward and downward British thermal [FR Doc.73-11110 Filed 6-4-73;8:45 am] North Capitol Street NE., Washington, unit adjustment, exceeds the applicable D.C. 20426, concerning the issue of area base rate of 21.315 cents established whether a certificate of public conven­ by the Commission’s opinion No. 586. [Docket No. CI73-697] ience and necessity should be granted as Apache commenced deliveries to Trans­ C. & K. PETROLEUM, INC. requested by C. & K. in the application western from the Crow No. 1 well on filed April 16, 1973. Order Granting Intervention, Setting (C) On or before June 7, 1973, C. & K. April 1, 1973, pursuant to section 157.29 Hearing Date and Prescribing Procedure of the regulations. The 60-day emergency and any supporting party shall file with sale expires on May 31, 1973. The justi­ M a y 29,1973. the Commission and serve upon all fication for the rate as well as other pub­ On April 16, 1973, C. & K. Petroleum, parties, including Commission staff, lic interest issues should be presented on Inc. (C. & K.) filed an application in their testimony and exhibits in support a full evidentiary record. Accordingly, we docket No. CI73-697 for a limited term of their positions. will set this matter for a formal, expedi­ certificate of public convenience and (D) An administrative law judge to tious hearing. necessity with pregranted abandonment be designated by the Chief Administra­ A timely petition to intervene in favor authority, pursuant to order No. 431 and tive Law Judge, see Delegation of Au­ of the application was received from § 157.23 of the Commission’s regulations thority, 18 CFR 3.5(d), shall preside at, Transwestern on May 4,1973. under the Natural Gas Act for the sale of and control this proceeding in accord­ ance with the policies expressed in the The Commission finds gas to Transwestem Pipeline Co. (Trans­ westem) from acreage in Eddy County, Commission’s rules of practice and pro­ (1) The intervention of Transwestern N. Mex. (Permian Basin Area). cedure and the purposes expressed in in this proceeding may be in the public Specifically, C. & K. proposes to deliver this order. interest. up to 12,000 M fts/d to Transwestem By the Commission. (2) It is necessary and proper in the from its No. 1 Vandiver Com well for 1 public interest and to aid in the enforce­ year pursuant to a contract dated Febru­ [ s e a l ] M a r y B. K id d , ment of the provisions of the Natural ary 22, 1973. The proposed rate of Acting Secretary. Gas Act that the issues in this proceed­ 54.25c/M ft3 (14.65 lb/inaa), subject to [FR Doc.73-11112 Filed 6-4-73;8:45 am] ing be scheduled for hearing in accord­ upward and downward British thermal ance with the procedures set forth below. unit adjustment, exceeds the current ceil­ [Dockets Nos. RP71-18, etc.] The Commission orders ing price of 27 cents for the area. C. & K. commenced deliveries to Transwest­ COLUMBIA GAS TRANSMISSION CORP. (A ) Transwestem is hereby permitted ern from the No. 1 Vandiver Com well to intervene in this proceeding, subject to Notice of Further Postponement of on April 26, 1973, pursuant to § 157.29 of Prehearing Conference the rules and regulations of the Commis­ the regulations. The 60-day emergency sion: Provided, however, That the par­ sale expires on June 25,1973. M a y 25,1973. ticipation of such intervener shall be The justification for the rate as well as On May 10, 1973, Commission Staff limited to matters affecting asserted other public interest issues should be Counsel filed a motion for a further post­ rights and interests as specifically set presented in a full evidentiary record. ponement of the prehearing conference forth in said petition for leave to inter­ Accordingly, we will set this matter for as fixed by the notice issued March 14, vene; and Provided, further, That the a formal, expeditious hearing. 1973, in the above-designated matter. admission of said intervener shall not be A timely petition to intervene in favor The motion spates that neither Columbia construed as recognition by the Commis­ of the application was filed by Trans­ Gas Transmission Corp. nor the Public sion that it might be aggrieved by any westem on May 4,1973. Service Commission for the State of New order or orders of the Commission en­ York object to the extension of time Thè Commission finds tered in this proceeding. requested. (B) Pursuant to the authority of the (1) The intervention of Transwestem Upon consideration, notice is hereby Natural Gas Act, particularly sections 7 in this proceeding may be in the public given that the prehearing conference and 15 thereof, the Commission’s rules interest. scheduled in the above matter is post­ of practice and procedure, and the. regu­ (2) It is necessary and proper in the poned to June 6, 1973, at 10 a.m. in a lations under the Natural Gas Act, a public interest and to aid in the enforce­ hearing room of the Federal Power Com­ public hearing shall be held on July 11, ment of the provisions of the Natural mission, 825 North Capitol Street NE., 1973, at 10 a.m., e.d.t., in a hearing room Gas Act that the issuès in this proceed­ Washington, D.C. 20426. of the Federal Power Commission, 825 ing be scheduled for hearing in accord­ North Capitol Street, NE., Washington, ance with the procedures set forth below. M a r y B . K id d , Acting Secretary. D.C. 20426, concerning the issue of The Commission orders whether a certificate of public conven­ [FR Doc.73-11105 Filed 6-4-73;8:45 am] ience and necessity should be granted as (A ) Transwestern is hereby permitted requested by Apache in its application to intervene in this proceeding, subject filed herein on April 16, 1973, as supple­ to the rules and regulations of the Com­ [Dockets Nos. OP73-78, CP73-132, CP73-135, mented on April 23,1973. mission: Provided, however, That the CP73-148, CP73-205, CP73-230] (C) On or before June 29, 1973, participation of such intervener shall be DISTRIGAS CORP. ET AL. Apache and any supporting party shall limited to matters affecting asserted Order Requiring Application Filings file with the Commission and serve upon rights and interests as specifically set all parties, including Commission staff, M a y 25,1973. forth in said petition for leave to inter­ their testimony and exhibits in support On September 21, 1972, Distrigas Corp. of their positions. vene; And provided, further, That the (Distrigas) filed in docket No. C P 7 3 -7 8 (D ) An Administrative Law Judge to admission of said intervener shall not an application pursuant to section 3 of be designated by the Chief Administra­ be construed as recognition by the Com­ the Natural Gas Act (Act) seeking au­ tive Law Judge—see Delegation of Au­ mission that it might be aggrieved by thorization to import up to 2 ,570,000 m

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14789

of liquefied natural gas (LNG) from Al­ proposed operations has changed. New suant to order No. 431 and section 157.23 geria to facilities located on Staten Is­ and increased sales to customers out­ of the Commission’s regulations under land, N.Y., and in Everett, Mass., between side the States of importation, requiring, the Natural Gas Act for the sale of gas July 1, 1973, and July 1, 1975. The appli­ for example, construction of the pro­ to Panhandle Eastern Pipe Line Co. cation, and a motion filed in that docket posed DONY pipeline connecting the (Panhandle from the Sooner Trend on April 11, 1973, which is the subject of Staten Island terminal with New Jersey Field, Kingfisher County, Okla. (Hugo- a separate order, contemplate that por­ customers, make it clear that the fa ­ ton Anadarko Area). tions of the imported LNG would be sold cilities being constructed on Staten Is­ Specifically, Exxon proposes to deliver for resale to customers located outside land, and, apparently, completed at Ev­ up to 10,000 M ft3 per day to Panhandle thé States of New York and Massachu­ erett, are facilities to be used for the from its C. W. Falkenstein No. 1 well for setts. transportation of natural gas in inter­ 1 year pursuant to a contract dated On November 17, 1972, Distrigas filed state commerce and the sale of natural March 21, 1973. The gas would be de­ in docket No. CP73-132 an application gas in interstate commerce for resale. livered at a mutually agreeable point on pursuant to section 3 of the Act request­ We are, therefore, required by the pro­ Panhandle’s existing line near the out­ ing authorization to import approxi­ visions of the Natural Gas Act to exer­ let of the Dover-Hennessey Gas Prod­ mately 45 trillion British thermal units of cise jurisdiction over the construction ucts plant in Kingfisher County, Okla. LNG per year to Staten Island and Ev­ and operation of the Distrigas terminal, The proposed rate of 50 M ft® (14.65 lb/ erett for 20 years. Distrigas is, according storage, and regasification facilities pur­ in2a) exceeds the applicable area base to the application, negotiating to sell the suant to section 7 of the Natural Gas Act. rate of 21.35 cents established by the LNG to customers in Connecticut, Mas­ Accordingly, we hereby direct that Commission’s opinion No. 586. Exxon sachusetts, New Jersey, New York, Penn­ Distrigas Corp., or an appropriate sub­ commenced emergency deliveries to Pan­ sylvania, and Rhode Island. sidiary thereof, file applications pursu­ handle on April 3, 1973, pursuant to sec­ Distrigas filed on November 20, 1972, ant to section 7 of the Act for the con­ tion 157.29 of the regulations. The 60-day in docket No. CP73-135 an application struction and operation of their Staten emergency sale will expire on June 2, pursuant to section 7(c) of the Act seek­ Island and Everett terminal facilities. 1973. The justification for the rate as ing authorization to sell gas volumes the The applications discussed above will well as other public interest issues should importation of which we authorized in be considered in conjunction with such be presented in a full evidentiary record. our opinion No. 613, issued March 9, section 7 filings. Accordingly, we will set this matter for 1972, in Distrigas Corp., dockets Nos. There are no controverted facts re­ a formal expeditious hearing. CP70-196 et al»1 Distrigas proposes sales lating to the issue of jurisdiction. Ac­ A timely petition to intervene in favor from Everett, Mass., to customers in New cordingly, no hearing is necessary to of the application was filed by Panhan­ York, Connecticut, and Rhode Island. resolve an issue of law.2 I f there were dle on April 19,1973. Distrigas Pipeline Corp. filed in docket factual issues concerning jurisdiction, No. CP73-148 on November 29, 1972, an we would remand for a hearing. The Commission finds application seeking section 7(c) author­ The Commission finds (1) The intervention of Panhandle in ization to construct a pipeline under the this proceeding may be in the public Arthur Kill, between Staten Island and Implementation of the operations interest. Woodbridge, N.J., to allow deliveries of proposed by Distrigas Corp. and its af­ (2) It is necessary and proper in the imported gas volumes to New Jersey filiates in the above-docketed proceed­ public interest and to aid in the enforce­ customers. ings make Distrigas Corp. and those af­ ment of the provisions of the Natural On February 1, 1973, Distrigas of New filiates natural gas companies, whose Gas Act that the issues in this proceed­ York Corp. (DONY) filed in docket No. facilities and operations are subject to ing be scheduled for hearing in accord­ CP73-205 an application pursuant to sec­ the Commission’s jurisdiction. ance with the procedures set forth below. tion 7(c) of the Act seeking authorization The Commission orders to sell for resale to New Jersey customers The Commission orders LNG Distrigas seeks to import in docket Distrigas Corp. or appropriate affiliates (A) Panhandle is hereby permitted to No. CP73-78. thereof, shall file with the Commission intervene in this proceeding, subject to On March 7, 1973, DONY filed in applications pursuant to section 7 of the the rules and regulations of the Commis­ docket No. CP73-230 an application seek­ Natural Gas Act for authorization to sion; Provided, however, That the par­ ing authorization pursuant to section 7 construct and operate, as appropriate, ticipation of such intervener shall be (c) of the Act to sell LNG, part of which their liquefied natural gas terminal, limited to matters affecting asserted Distrigas was authorized to import in storage, regasification, and related facil­ rights and interests as specifically set our above-cited opinion No. 613, and part ities on Staten Island, N.Y., and Everett, forth in said petition for leave to inter­ of which is the subjéct of the import ap­ Mass. vene: And provided, further, That the plication in docket No. CP73-132. Sales By the Commission.® admission of said intervener shall not be would be made from the Staten Island construed, as recognition by the Com­ terminal to customers in New Jersey. The [ s e a l ] M a r y B . K id d , mission that it might be aggrieved by any LNG would be transported by the pipe­ Acting Secretary. order or orders of the Commission en­ line Distrigas Pipeline Corp. proposes to [FR Doc.73-11113 Filed 6-4-73;8:45 am] tered in this proceeding. build in docket No. CP73-148. (B) Pursuant to the authority of the Our opinion No. 613, referred to [Docket No. CI73-682] Natural Gas Act, particularly sections 7 above, authorized Distrigas to import and 15 thereof, the Commission's rules LNG from Algeria to the same Staten EXXON CORP. of practice and procedure, and the regu­ Island, N.Y., and Everett, Mass., termi­ Order Granting Intervention, Setting lations under the Natural Gas Act, a nals involved in the applications dis­ Hearing Date and Prescribing Procedure public hearing shall be held on July 6, cussed here. We declined in opinion No. 1978 at 10 a.m. (e.d.t.) in a hearing room 613 to take jurisdiction over the con­ M a y 29, 1973. of the Federal Power Commission, 825 struction and operation of the proposed On April 11, 1973, Exxon Corp. (Ex­ North Capitol Street NE., Washington, LNG terminal, storage and gasification xon) filed an application in docket No. DC 20426, concerning the issue of facilities because, at that time, Distrigas CI73-682 for a limited term certificate whether a certificate of public conven­ proposed to operate primarily in intra­ of public convenience and necessity with ience and necessity should be granted as state commerce. pregranted abandonment authority, pur- Distrigas’ new applications make it requested by Exxon in the application clear that the completion of their filed April 11,1973. *Cf. Citizens for Allegan Co. v. F.P.C., 414 (C) On or before June 26, 1973, Exxon F. 2d 1125 (D.O. Cir. 1969). 1 Rehearing denied in Commission Opin­ 3 Dissenting statement of Commissioner and any supporting party shall file with ion No. 613—A, Distrigas Corp., dockets Noe. Brooke filed as part of the original docu­ the Commission and serve upon all par­ CP70-196, et al., Issued June 7, 1972. ment. ties, including Commission Staff, their

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107------8 14790 NOTICES and procedure (18 CFR 1.8, 1.10). All such testimony and exhibits in support of and interested parties in the above-en­ titled proceedings convened in light of petitions or protests should be filed on or be­ their positions. fore June 5, 1973. Protests will be considered (D) An administrative law judge to bethe Commission’s order issued April 10, by the Commission in determining the ap­ designated by the Chief Administrative 1973 in Miehigan-Wisconsin Pipe Line propriate action to be taken, but will not Law Judge— See delegation of authority, Company, docket No. RP72-118. serve to make protestants parties to the pro­ 18 CFR 3.5(d)—shall preside at, and The amended stipulation and agree­ ceeding. Any person wishing to become a control this proceeding in accordance ment, among other things as more fully party must file a petition to intervene. with the policies expressed in the Com­ set forth therein, provides for two sets K e n n e t h F. P l u m b , mission’s rules of practice and procedure of rates— rates to be used for the pur­ Secretary. and the purposes expressed in this order. poses of determining refunds (set out in app. B to the stipulation and agree­ [FR Doc.73-11102 Filed 6-4-73;8:45 ami By the Commission. ment) and prospective rates (set out in [ s e a l ] M a r y B. K id d , app. C to the stipulation and agreement) [Docket No. RP73-47] Acting Secretary. to be effective on the first day of the SEA ROBIN PIPELINE CO. second month following the date upon [PR Doc.73-11114 Piled 6-4-73;8:45 am] which the amended settlement becomes Order Denying Application for Rehearing, effective, the latter rates being designed Motion for Reinstatement of and Accept­ [Docket No. E-8184] upon an unmodified Seaboard rate de­ ing Revised Tariff Sheets KANSAS POWER & LIGHT CO. sign basis. The amended stipulation and M a y 25,1973. agreement further provides for changes On September 29, 1972, Sea Robin Notice of Proposed Service Contract in the prospective rates to track the Renewal Pipeline Co. (Sea Robin), tendered for cost of service effect of advance pay­ filing revised tariff sheets to its FPC M a y 25, 1973. ments and research and development Gas Tariff, original volume Nos. 1 and Take notice that the Kansas Power & expenses and capital expenditures in­ 2. These tariff sheets contained pro­ curred by Natural. Light Co. (K PL) on May 7,1973, tendered posed rate changes which the company for filing a proposed renewal of its serv­ Copies of the amended stipulation and indicated were necessary to compensate ice contract with the city of Scranton, agreement were served on all parties to it for a jurisdictional revenue deficiency Kans. The company states that this is a the proceedings in docket No. RP72-132. in its cost of service for the 12-month renewal of a similar contract dated Comments with respect to the proposed period ending June 30, 1972, as adjusted. stipulation and agreement may be filed July 3, 1963, and designated as K PL By order issued November 13, 1972, the with the Commission on or before June 5, rate schedule FPC No. 63. KPL further Commission accepted the tariff sheets for states that there are no changes in rates 1973. filin g, but suspended their effectiveness K e n n e t h F. P l u m b , until April 15, 1973, noting in the order or conditions of service and requests Secretary. waiver of the Commission’s notice re­ that Sea Robin had included noncertifi- quirements to allow for an effective date [FR Doc.73-11101 Filed 6-4-73;8:45 am] cated facilities in its rate base, the Com­ of May 7, 1973. The company indicates mission directed the company to file re­ that the contract has been executed by [Docket No. E-8185] vised tariff sheets adjusting its rates to both parties. reflect elimination of noncertificated fa­ Any person desiring to be heard or to PACIFIC GAS & ELECTRIC CO. cilities to the extent these facilities were protest said application should file a pe­ Notice of Filing of Notice of Cancellation not placed in service prior to April 15, tition to intervene or protest with the 1973, and also directed the company to M a y 29, 1973. Federal Power Commission, Washington, file supplemental cost and revenue data D.C. 20426, in accordance with § § 1 .8 and Take notice that Pacific Gas & Elec­ reflecting the elimination of such fa­ 1.10 of the Commission’s rules of practice tric Co. (P.G. & E.) on May 7, 1973, cilities. The Commission also advised and procedure (1 8 CFR 1.8, 1 .1 0 ). All tendered for filing a notice of cancel­ Sea Robin, in the November 13 order, such petitions or protests should be filed lation of its rate schedule FPC No. 24 that to the extent that the commodity on or before June 4, 1973. Protests will to become effective June 7, 1973. The fil­ component of Sea Robin’s two-part rates be considered by the Commission in de­ ing is described in P.G. & E.’s letter of and its straight line rate claimed do not termining the appropriate action to be transmittal as follows: recover fully allocated Seaboard costs, taken, but will not serve to make pro­ Pacific Gas & Electric Co. (P.G. & E.) as may be determined by the proceeding testants parties to the proceeding. Any rate schedule FPC No. 24 consists of a letter in this docket, the company may be re­ person desiring to become a party must agreement between P.G. & E. and the city quired to absorb the impact of any un­ file a petition to intervene. Copies of this and county of San Francisco (City) dated dercollections under the rates as may application are on file with the Commis­ August 1, 1960, and three supplemental occur. agreements dated April 13, 1967, Novem­ In purported compliance with the sion and are available for public ber 28, 1967, and May 20, 1969, respectively. inspection. These agreements provide for the supply Commission’s November 13 order, Sea M a r y B. K id d , of supplemental power and energy by P.G. Robin filed supplemental cost and reve­ Acting Secretary. & E. to City for resale to certain customers nue data on March 13, 1973, to reflect assigned to City by P.G. & E. in order to the exclusion of facilities which would [P R Doc.73-11106 Filed 6-4-73;8:45 am] utilize fully the output of City’s hydro­ not be in service by April 15, 1973, along electric generating plants. with certain other adjustments and [Docket Np. RP72-132] Because City no longer has excess power changes known to occur prior to March and energy for these customers and has re­ 15, 1973. To reflect these adjustments NATURAL GAS PIPELINE CO. OF AMERICA assigned these customers to P.G. & E., the service provided under rate schedule FPC in the proposed rates. Sea Robin sub­ Notice of Filing of Amended Stipulation No. 24 is not now required. Attached is a mitted on March 14,1973, two sets of re­ and Agreement copy of a letter agreement between City vised tariff sheets. The “Alternate Re­ M a y 29, 1973. and P.G. & E. providing for the termina­ vised Proposed Tariff Sheets’’ utilized tion of the agreements filed as rate schedule Take notice that on May 15, 1973, the fixed and variable cost classification FPC No. 24. and allocation technique used in the Natural Gas Pipeline Co. of America P.G. & E. states that copies of the filing (Natural) filed a motion for leave to sub­ were sent to the Public Utilities Commission September 29,1972 filing, while the “Re­ stitute an amended stipulation and of the city & county of San Francisco and the vised Proposed Tariff Sheets” contained agreement to terminate the proceedings California Public Utilities Commission. a rate design purported to be in accord in docket No. RP72-132 and requested Any person desiring to be heard or to pro­ with the principals of Atlantic Seaboard. test said filing should file a petition to inter­ By order issued April 13, 1973,^ the Commission approval thereof. Natural vene or protest with the Federal Power Com­ states the amended agreement is the re­ Commission rejected Sea Robin’s “Re­ mission, 825 North Capitol Street NE„ Wash­ vised Proposed Tariff Sheets,” while ac­ sult of further settlement discussions ington, D.C. 20426, in accordance with §§ 1.8 cepting the “Alternate Revised Proposed among Natural, the Commission staff, and l.io of the Commission’s rules of practice

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Tariff Sheets” for filing. The Commis­ erred in rejecting the “Revised Proposed 57 percent minimum commodity charge sion noted that the rejected sheets did Tariff Sheets” for the aforementioned provision previously discussed. Sea Robin not reflect an unmodified Seaboard rate reasons, and further states that there is urges the Commisison to accept set A as design, but rather included in the de­ nothing in the Natural Gas Act, or the a necessary protection in the transporta­ mand component approximately $3.8 Commission’s regulations thereunder, tion rate schedules to assure that the million of costs which are classified as which requires a pipeline company to file company’s pipeline transport customers commodity costs under the unmodified tariff sheets reflecting an Atlantic Sea­ pay their fair share of the costs, since Seaboard approach. The Commission board rate design as a prerequisite for the customers, according to Sea Robin, further noted that the fixed costs that their acceptance. have an absolute call on its capacity at were transferred from the demand com­ We quite agree that there is nothing in any time up to the amount of their re­ ponent of the rate would be designated the Natural Gas Act or the Commission’s spective contract demands, with no min­ as a “ transportation charge” under the regulations thereunder which requires a imum throughput obligation. Again, we commodity component and includes a pipeline company to file tariff sheets re­ must state our belief that adequate pro­ 57 percent minimum monthly bill to flecting a Seaboard rate design as a pre­ tection as to the collection of fixed costs guarantee Sea Robin the recovery of requisite for their acceptance. We note will be afforded under a Seaboard rate the fixed costs shifted to commodity. that both the tariff sheets filed by Sea design if sales volumes are realistically Since the tariff sheets did not reflect Robin in its September 29, 1972, filing, projected. We shall therefore reject set unmodified Seaboard rate design and and the “Alternate Revised Proposed A and accept set B as meeting the re­ raised issues not presented by the com­ Tariff Sheets” proffered by the company quirements of Atlantic Seaboard and as pany’s initial filing, the Commission re­ on March 14, 1973, were accepted for fil­ eliminating the problem of undercollec­ jected the sheets. ing by the Commission despite the fact tions which is found in the “Alternate On April 25, 1973, Sea Robin filed an that neither reflected a Seaboard rate Revised Proposed Tariff Sheets” which “Application for Rehearing and Motion design. This Commission simply-saw no were accepted by our April 13,1973 order. for Reinstatement of Revised Tariff reason to accept the “Revised Proposed As to the question of effective date of the Sheets or, Alternatively, for Acceptance Tariff Sheets” in our April 13 order. “New Alternate Revised Proposed Tariff of Substitute Revised Tariff Sheets.” Also These sheets not only failed to meet the Sheets— set B,” we do not believe that submitted for filing were two sets of “New requirements of a Seaboard rate design the answer of Alabama is persuasive in Alternate Revised Proposed Tariff but also raised new issues by the inclu­ its suggesting that serious difficulties Sheets,” set A and set B. On May 1,1973, sion of a 57-percent minimum monthly would arise if the sheets were given the Alabama Gas Corp. (Alabama) filed an bill to guarantee Sea Robin the recovery requested retroactive effective date of answer to the Sea Robin application and of the fixed costs shifted to commodity. It April 15, 1973. We shall therefore accept motion in which Alabama stated that It must be assumed that the sales projec­ the “New Alternate Revised Proposed commenced billing on May 1, 1973, on tions of Sea Robin represent its best es­ Tariff Sheets—set B” in lieu of the “A l­ the basis of the revised rates accepted by timate of future sales and will enable ternate Revised Proposed Tariff Sheets,” the Commission, due to the fact that the company to recover its fixed costs. As which were accepted in our April 13 Alabama buys from a Sea Robin cus­ to the “ tilting” of the rate design to meet order, to be effective subject to refund tomer. Alabama claims great hardship the requirements of the company’s new pending the outcome of the proceeding would result if the Commission were to bank credit agreement, we note that Sea in this docket, as of April 15, 1973. accept Sea Robin’s application and place Robin’s new bank credit agreement con­ into effect retroactively to April 15, 1973, tains provisions which would allow alter­ The Commission finds tariff sheets reflecting a substantially nate methods, subject to creditor ap­ (1) The application for rehearing of different rate design. Alabama requests proval, of designing rates adequate to Sea Robin raises no new facts or points that, if the Commission should accept amortize the loans in accordance with of law which were not considered in our either set of “New Alternate Revised Pro­ the terms of the credit agreement. We order of April 13, 1973, and which would posed Tariff Sheets,” the rates should not stated in the Michigan-Wisconsin case* warrant the modification of that order. be made effective until 45 days after the that “ * * * the minimum rate design (2) The motions of Sea Robin to rein­ Commission’s order accepting the revised acceptable to this Commission shall be state the “Revised Proposed Tariff rates. the unmodified Seaboard rate design.” Sheets,” or alternatively, to accept the In its application and motion, Sea [Emphasis added.! We are very much in­ “New Alternate Revised Proposed Tariff Robin states that the rejected tariff disposed to allow our policy of encourag­ Sheets,” set A, should be denied for the sheets incorporated the Seaboard ap­ ing the pricing of natural gas more in line reasons stated herein. proach altered only so far as necessary with costs, and thus removing the dis­ (3) The motion of Sea Robin to accept to comply with the company’s new Bank count which tilted rates were intended to “New Alternate Revised Proposed Tariff credit agreement which Sea Robin indi­ produce, to be thwarted by the credit ar­ Sheets,” set B, should be granted. cates requires recovery of a minimum rangements of individual companies. We- (4) The “New Alternate Revised Pro­ monthly amount from the demand believe our policy is vital to the public posed Tariff Sheets,” set B, should be ac­ charge. The company further states that interest during an energy crisis period cepted for filing to become effective, sub­ 57 percent minimum monthly commod­ and that meeting the requirements of ject to refund, as of April 15, 1973. ity charge provision specifically men­ this policy will not be an undue hardship The Commission orders tioned in the April 13 order, while a new for the company. We can find no com­ pelling reason to reverse our order of (A) The application for rehearing of feature, did not “ raise issues not pre­ Sea Robin is denied and Sea Robin’s mo­ sented by Sea Robin’s initial filing” 1 be­ April 13 rejecting the “Revised Proposed Tariff Sheets.” tion to reinstate the “Revised Proposed cause it was merely a restatement of the Tariff Sheets” is denied. Along with the application and mo­ minimum fixed cost recovery implicit in (B) Sea Robin’s motion to accept and tion, Sea Robin filed “New Alternate Re­ the existing Sea* Robin rate design to place in affect the “New Alternate Re­ vised Proposed Tariff Sheets” which carry that provision over to the demand- vised Proposed Tariff Sheets,” set A, is commodity rates. The company argues have been designated set A and set B. The denied. that since the minimum commodity company states that both sets reflect an (C) Sea Robin’s “New Alternate Re­ charge was no longer an implicit ele­ “ unmodified Seaboard” rate design, vised Proposed Tariff Sheets,” set B, are ment of the rate design, it was neces­ while only set A includes, for transpor­ hereby accepted for filing, in lieu of the sary to state the minimum commodity tation rate schedules (rate schedules X - “Alternate Revised Proposed Tariff charge as a separate tariff provision. Sea 3» X —4, and X —6), a minimum commodity Sheets” which were accepted in our Robin indicates that the Commission has charge provision. Both sets delete the April 13 order, to become effective, sub­ ject to refund pending the outcome of the 1 Sea Robin Pipeline Co., Docket No. RP73- ■Michigan-Wisconsin Pipeline Co., Docket proceeding in this docket, as of April 15, 47, order Issued Apr. 13, 1973, p. 2. No. RP72-118, order issued, Apr. 10,1973, p. 5. 1973.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14792 NOTICES

(D) The Secretary shall cause promptmisslon that it might be aggrieved by any before June 4, 1973. Protests will be con­ publication of this order in the F ederal order or orders of the Commission en­ sidered by the Commission in determin­ R eg ister . tered in this proceeding. ing the appropriate action to be taken, (B) Pursuant to the authority of the but will not serve to make protestants By the Commission. Natural Gas Act, particularly sections parties to the proceeding. Any person [ s e a l ] M a r y B . K id d , 7 and 15 thereof, the Commission’s rules wishing to become a party must file a Acting Secretary. of practice and procedure, and the regu­ petition to intervene. Copies of this filing [FR Doc.11115 Filed 6-4-73;8:45 am] lations under the Natural Gas Act, a are on file with the Commission and are public hearing shall be held on July 5, available for public inspection. 1973, at 10 a.m. (e.d.t.) in a hearing room M a r y B . K id d , [Docket No. CI73-6&1] of the Federal Power Commission, 825 Acting Secretary. TENNECO OIL CO. North Capitol Street NE, Washington, D.C. 20426, concerning the issue of [FR Doc.73-11104 Filed 6-4r-73;8:45 am] Order Granting Intervention, Setting whether a certificate of public conven­ Hearing Date, and Prescribing Procedure ience and necessity should be granted as [Docket No. CP61-79] M a y 29,1973. requested by Tenneco in the application filed April 2,1973. UNITED GAS PIPE LINE CO. AND TEXAS On April 2,1973, Tenneco Oil Co. (Ten- GAS TRANSMISSION CORP. neco) filed an application in docket No. (C) On or before June 25, 1973, Ten­ CI73-661 for a limited term certificate of neco and any supporting party shall file Notice of Petition To Amend with the Commission and serve upon all public convenience and necessity with M a y 29,1973. pregranted abandonment authority, pur­ parties, including Commission staff, their testimony and exhibits in support Take notice that on April 23, 1973, suant to order No. 431 and § 157.23 of the United Gas Pipe Line Co., 1525 Fairfield Commission’s regulations under the Nat­ of their positions. (D) An Administrative Law Judge to Avenue, Shreveport, La. 71101, and Texas ural Gas Act for the sale of gas to North­ Gas Transmission Corp., P.O. Box 1160, ern Natural Gas Co. (Northern) from be designated by the Chief Administra­ tive Law Judge—see delegation of au­ Owensboro, Ky. 42301, filed in docket No. acreage in Hemphill County, Tex., Rail­ CP61-79 a petition to amend the order road District No. 10 (Hugoton Anadarko thority, 18 CFR 3.5(d)—shall preside at, and control this proceeding in ac­ issuing a certificate of public convenience area). and necessity in said docket pursuant to Specifically, Tenneco proposes to de­ cordance with the policies expressed in the Commission’s rules of practice and section 7(c) of the Natural Gas Act on liver 5,000 M fts per day to Northern from December 19, 1960 (24 FPC 1099), by its Fred A. Hobart No. 1 well for 1 year procedure and the purposes expressed in this order. authorizing an additional point of deliv­ pursuant to a contract dated Febru­ ery of natural gas for exchange, all as ary 15, 1973. The proposed rate of 50.525 By the Commission. more fully set forth in the petition to cents (14.65 lb/in2a), inclusive of 3.525 [ s e a l] M a r y B . K id d , amend which is on file with the Commis­ cents tax reimbursement, is subject to Acting Secretary. sion and open to public inspection. upward and downward British thermal [FR Doc.73-11116 Filed 6-4-73;8:45 am] Petitioners state that the additional unit adjustment and exceeds the appli­ point of delivery would be at the inter­ cable area base rate of 21.5 cents estab­ section of Consolidated Gas Supply lished by the Commission’s opinion No. [Docket No. CP70-122] Corp.’s Egan Pipeline with Transcon­ 586. Tenneco commenced emergency de­ tinental Gas Pipe Line Corp.’s Acadia TENNESSEE GAS PIPELINE CO. liveries to Northern from the subject Plant Lateral in Acadia Parish, La. They well on April 11, 1973, pursuant to Notice of Proposed Changes in FPC Gas state further that the additional ex­ § 157.29 of the regulations. The 60-day Tariff change point will allow for greater emergency sale will expire on June 10, M a y 25,1973. flexibility in making deliveries of gas by 1973. The justification for the rate as Take notice that Tennessee Gas Pipe­ one party to the other in time of emer­ well as other public interest issues should line Co. (Tennessee), on April 27, 1973, gency or under other circumstances be presented in a full evidentiary record. tendered for filing proposed changes in where such deliveries would be beneficial Accordingly, we will set this matter for its FPC gas tariff, sixth revised volume to fulfill the obligations of petitioners. a formal expeditious hearing. No. 2. T his new delivery point is said to require A timely petition to intervene in favor According to Tennessee, these sheets the construction of no new facilities. of the application was filed by Northern are being filed for the purpose of reflect­ Any person desiring to be heard or to on April 19,1973. ing two amendatory agreements to rate make any protest with reference to said The Commission finds schedule X-29, an exchange agreement petition to amend should on or before (1) The intervention of Northern in between Trunkline Gas Co. (Trunkline) June 15,1973, file with the Federal Power this proceeding may be In the public in­ and Tennessee dated July 12, 1971, and Commission, Washington, D.C. 20426, a terest. March 29, 1973. Tennessee states that petition to intervene or a protest in ac­ (2) It is necessary and proper in the these amendments provide for (1) the cordance with the requirements of the public interest and to aid in the enforce­ addition of a new delivery point in Harris Commission's rules of practice and pro­ ment of th'e provisions of the Natural County, Tex., (2) the increase of daily cedure (18 CFR 1.8 or 1.10) and the reg­ Gas Act that the issues in this proceed­ exchange volumes, (3) the utilization of ulations under the Natural Gas Act (18 ing be scheduled for hearing in accord­ existing points of interconnection near CFR 157.10). All protests filed with the ance with the procedures set forth below. Potomac, 111., and (4) the extension of Commission will be considered by it in the term of the agreement. determining the appropriate action to The Commission orders The proposed effective date is May 28, be taken but will not serve to make the (A) Northern is hereby permitted to1973. Tennessee states that a copy of the protestants parties to the proceeding. intervene in this proceeding, subject to filing was served upon Trunkline. Any person wishing to become a party Any person desiring to be heard or to the rules and regulations of the Commis­ to a proceeding or to participate as a sion: Provided, however, That the par­ protest said filing should file a petition to ticipation of such intervener shall be intervene or protest with the Federal party in any hearing therein must file a limited to matters affecting asserted Power Commission, 825 Nortel Capitol petition to intervene in accordance with rights and interests as specifically set Street NE., Washington, D.C. 20426, in the Commissions rules. accordance with §§ 1.8 and 1.10 of the forth in said petition for leave to inter­ K e n n e t h F. P l u m b , vene; and Provided, further, That the Commission’s rules of practice and pro­ Secretary. admission of said intervener shall not be cedure (18 CFR 1.8, 1.10). All such peti­ construed as recognition by the Com- tions or protests should be filed on or [FR Doc.73-11117 Filed 6-4-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14793

[Docket No. E-8191] lieu of returning Maintenance Energy tion, conflicts of interests, or unsound WISCONSIN ELECTRIC POWER CO. Service Schedule E, (5) returning equiv­ banking practices. Any request for a alent energy in lieu of the payment of hearing on this question should be ac­ Notice of Proposed Amendment to the compensation specified in Service companied by a statement summarizing Interconnection Agreement Schedule F—General Purpose Energy, the evidence the person requesting the M a y 29,1973. and (6) removal of the reference to the hearing proposes to submit or to elicit at Take notice that Wisconsin Electric supplying party’s power report in the the hearing and a statement of the rea­ Power Co. (W EP) on May 14, 1973, tend­ description of average cost as specified sons why this matter should not be re­ ered for filing a proposed amendment to in Service Schedule G—Long Term solved without a hearing. its interconnection agreement dated Power. The company requests waiver of The application may be inspected at December 23, 1969, between WEP and the notice requirements to allow for a the offices of the Board of Governors or Wisconsin Public Service Corp. desig­ May 1, 1973, effective date and states at the Federal Reserve Bank of Atlanta. nated as WEP Rate Schedule FPC No. that the amended service schedules are Any views or requests for hearing 30. The proposed amendment, according the result of negotiations between the should be submitted in writing and re­ to the company, would: (1) Replace parties. ceived by the Secretary, Board of Gov­ Service Schedule A—Reserved Power by Any person desiring to be heard or to ernors of the Federal Reserve System, Limited Term Power, (2) add a minimum protest said application should file a Washington, D.C. 20551, not later than charge of 17% mills/kWh to compensate petition to intervene or protest with the June 23,1973. for Emergency Energy Service Schedule Federal Power Commission, 825 North Capitol Street NE., Washington, D.C. Board of Governors of the Federal Re­ B, (3) make changes in Service Schedule serve System, May 29,1973. D-—Short Term Power, (4) give the op­ 20426, in accordance with §§ 1.8 and 1.10 tion of returning equivalent energy in of the Commission’s rules of practice and [ s e a l ] T y n a n S m it h , lieu of the payment of the compensation procedure (18 CFR 1.8, 1.10). All such Secretary of the Board. specified in Service Schedule F—General petitions or protests should be filed on [FR Doc.73-11146 Filed 6-4-73;8:45 am] Purpose Energy, and (5) add a new point or before June 4, 1973. Protests will be of interconnection. The company re­ considered by the Commission in deter­ quests waiver of the notice requirements mining the appropriate action to be BARNETT BANKS OF FLORIDA, INC. to allow for a May 1, 1973, effective date taken, but will not serve to make pro­ Acquisition of Banks and states that the amended service testants parties to the proceeding. Any person wishing to become a party must Barnett Banks of Florida, Inc., Jack­ schedules are the result of negotiations sonville, Fla., has applied for the Board’s between the parties. file a petition to intervene. Copies of this application are on file with the Com­ approval under section 3 (a )(3 ) of the Any person desiring to be heard or to Bank Holding Company Act (12 U.S.C. protest said application should file a peti­ mission and are available for public inspection. 1842(a)(3)) to acquire 90 percent or tion to intervene or protest with the Fed­ more of the voting shares of Delray eral Power Commission, 825 North Capi­ M a r y B. K id d , Acting Secretary. Beach National Bank, Delray Beach, tol Street NE„ Washington, D.C. 20426, Fla., and 51 percent or more of the voting in accordance with §§ 1.8 and 1.10 of the [FR Doc.73-11107 Filed 6-4-73;8:45 am] shares of Fidelity Bank of West Delray Commission’s rules of practice and pro­ Beach, Delray Beach, Fla. The* factors cedure (18 CFR 1.8, 1.10). All such peti­ FEDERAL RESERVE SYSTEM that are considered in acting on the ap­ tions or protests should be filed on or be­ ALABAMA FINANCIAL GROUP, INC. plication are set forth in section 3(c) of fore June 4, 1973. Protests will be con­ the act (12 U.S.C. 1842(c)). sidered by the Commission in determin­ Application To Engage in the Underwriting ing the appropriate action to be taken, The application may be inspected at of Credit Life and Credit Accident and the office of the Board of Governors or at but will not serve to make protestants Health Insurance parties to the proceeding. Any person the Federal Reserve Bank of Atlanta. Any wishing to become a party must file a Alabama Financial Group, Inc., Bir­ person wishing to comment on the appli­ petition to intervene. Copies of this ap­ mingham, Ala., has applied pursuant to cation should submit his views in writing plication are on file with the Commission section 4 (c)(8 ) of the Bank Holding to the Secretary, Board of Governors of and are available for public inspection. Company Act (12 U.S.C. 1843(c) (8 )) and the Federal Reserve System, Washing­ § 225.4(b) (2) of the Board’s regulation ton, D.C. 20551, to be received not later K e n n e t h F. P l u m b , Y, for permission to acquire voting than June 23,1973. Secretary. shares of Southern States Life Insur­ Board of Governors of the Federal [FR Doc.73-11103 Filed 6-4-73;8:45 am] ance Co., Birmingham, Ala., a de novo Reserve System, May 29,1973. corporation. Notice of the application was published on April 1, 1973, in The [ s e a l ] T y n a n S m it h , [Docket No. E-8200] Birmingham News, a newspaper circu­ Secretary of the Board. WISCONSIN ELECTRIC POWER CO. lated in Birmingham, Ala. [FR Doc.73-11145 Filed 6-4-73;8:45 am] Applicant states that the proposed Notice of Proposed Amendment to subsidiary would engage in the activities Irfterconnection Agreement of a company underwriting credit life CROCKER NATIONAL CORP. M a y 25, 1973. and credit accident and health insur­ Order Approving Acquisition of Take notice that Wisconsin Electric ance directly related to extensions of Schumacher Mortgage Co., Inc. Power Co. (WEP) on May 14, 1973, ten­ credit by applicant and its subsidiaries. dered for filing a proposed amendment Such activities have been specified by Crocker National Corp., San Francisco, to its interconnection agreement dated the Board in § 225.4(a) of regulation Y Calif., a bank holding company within June 3, 1965, between WEP and Madison as permissible for bank holding com­ the meaning of the Bank Holding Com­ Gas & Electric Co. designated as WEP panies, subject to Board approval of in­ pany Act, has applied for the Board’s ap­ Rate Schedule FPC No. 27. The pro­ dividual proposals in accordance with proval, under section 4(c) (8) of the act posed amendment, according to the com­ the procedures of § 225.4(b). and § 225.4(b) (2) of the Board’s regula­ pany, would: (1) Replace Service Sched­ Interested persons may express their tion Y, to acquire the voting shares of ule A—Reserved Power by Limited Term views on the question whether consum­ Schumacher Mortgage Co., Inc., Mem­ Power, (2) add a minimum charge of mation of the proposal can reasonably phis, Tenn. (Schumacher), a company 17% mills/kWh to compensate for be expected to produce benefits to the Emergency Energy, Service Schedule B, public, such as greater convenience, in­ that engages primarily in the following (3) make changes in Service Schedule creased competition, or gains in effi­ activities. D—Short Term Power, (4) give the op­ ciency, that outweigh possible adverse 1. Making or acquiring real estate loans tion of payment of 110 percent of the effects, such as undue concentration of for its own account and for the account supplying party’s out-of-pocket cost in resources, decreased or unfair competi­ of others,

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14794 NOTICES

2. Servicing real estate loans for its ception of approximately $4 million of stating its belief that the insurance own account or for the account of others, outstanding loans in the Minneapolis activities as are now being engaged in by And area, neither applicant nor any of its Schumacher are permissible under Ten­ 3. Acting as an insurance agent or subsidiaries is engaged in any activities nessee law, an d . would continue to be broker selling casualty, group credit life, in any of the markets served by Schu­ permissible after the proposed acquisi­ and group credit disability insurance, re­ macher and, therefore, no competition tion, in view of the statutory exemption lated to the extension of credit by Schu­ exists that would be eliminated as a re­ for credit life, credit accident and health macher and Schumacher’s servicing ac­ sult of consummation of the proposed insurance. Applicant contends further tivities. Such activities have been deter­ acquisition. Due to the distances between that the State statute has no applicabil­ mined by the Board to be closely related applicant and Schumacher and the con­ ity to the insurance activities of a non­ to the business of banking (12 CFR centration of Schumacher’s activities in bank subsidiary of the holding company, 225.4(a) (1), (3) and (9). Tennessee, it appears unlikely that ei­ such as Schumacher. Notice of the application, affording op­ ther applicant or Schumacher would en­ The Tennessee statute specifically ex­ portunity for interested persons to submit ter each other’s market in the absence empts the sale of credit life insurance, comments and views on the public inter­ of the proposed transaction. It appears credit accident and health insurance and est factors, has been duly published (37 unlikely, therefore, that consummation certain types of comprehensive physical PR 28220). The time for filing comments of the proposal herein would eliminate damage insurance, and applicant has and views has expired, and the Board has any significant potential competition given assurances that Schumacher itself considered all comments received in the between applicant and Schumacher. The is, and will continue to be, engaged in light of the public interest factors set Board concludes that consummation of only those insurance activities that are forth in section 4(c) (8) of the act (12 the proposed acquisition would have no specifically permitted by the Tennessee U.S.C. 1843(c)). adverse effects on mortgage lending in statute. The insurance agency subsidiar­ Applicant is a one-bank holding com­ any of the markets served by either ap­ ies of Schumacher, on the other hand, pany by virtue of its ownership of plicant or Schumacher. sell insurance with coverage broader than Crocker National Bank (Bank), San In addition to its mortgage lending that sold by Schumacher directly. Cer­ Francisco, the 12th largest bank in the activities, Schumacher and two of its tain of Schumacher’s subsidiary insur­ country and the fourth largest in Cali­ subsidiary companies act as insurance ance agency activities appear to relate to fornia. Bank holds deposits of $4.9 billion brokers and agents selling credit life, real or personal property and would ap­ representing 8.4 percent of the total de­ casualty and group credit disability in­ pear to be prohibited by the Tennessee posits of commerical banks in the State. surance, related to extensions o f credit statute if Schumacher is acquired by ap­ (All banking data are as of June 30, by Schumacher and Schumacher’s serv­ plicant. Applicant has indicated its in­ 1972.) Bank operates 288 branches lo­ icing activities. Schumacher’s subsidi­ tention to engage through Schumacher cated throughout the State of Califor­ aries act also as agents with respect to only in those insurance activities per­ nia. Neither applicant nor any of its various, types of insurance purchased mitted by the Board and State law and to subsidiaries is engaged in the mortgage for Schumacher and offer “ convenience” discontinue immediately any activities banking business. Bank does, however, insurance which, it appears, would ac­ determined to be prohibited by State engage in mortgage lending for its own count for less than 5 percent of appli­ law. To this end, applicant has pledged to account. cant’s gross premium income (see § 225.4 undertake to obtain a determination as Schumacher (assets of $21 million) (a) (9) (ii) (cf) of the Board’s regulation to the permissibility of those insurance engages primarily in originating or ac­ Y ) and it appears also that no office of activities of Schumacher not specifically quiring real estate loans for its own ac­ Schumacher is engaged to a significant exempted from the limitation on insur­ count and for the account of others and extent in offering “ convenience” insur­ ance activities contained in the Tennes­ servicing real estate loans for its own ance to the public. The insurance ac­ see statute, by commencing an action for account and for the account of others. tivities of Shumacher and its subsidiary declaratory relief in the Tennessee courts Schumacher operates five offices located companies, as presently conducted and within 30 days after consummation of in Memphis, Chattanooga, Knoxville, as proposed to be conducted upon acqui­ applicant’s acquisition of Schumacher. and Kingsport, Tenn., and operates one sition, appear to be of the kinds per­ Because the statute in question has been office in Minneapolis, Minn. Schumach­ mitted by regulation Y. law for less than 1 year and has not er’s mortgage loan servicing portfolio Under Tennessee law, however, certain been interpreted either by the Commis­ totals $296.1 million and is derived prin­ types of insurance activities are pro­ sioner of Insurance for Tennessee, or by cipally from its mortgage lending ac­ hibited to be engaged in by brokers and State courts, the Board views applicant’s tivities in Tennessee. Almost half of agents who are “owned or controlled, undertaking to seek a determination in Schumacher’s revenues are received from directly or indirectly, by a bank holding the Tennessee courts as to the .effect of the Shelby County (Memphis), Tenn., company.” Such agents are prohibited the statute, as the most effective means area where Schumacher ranks seventh from negotiating “ any policy of insur­ of defining those insurance activities per­ in terms of mortgage loans above $6,000, ance covering real or personal property mitted to be engaged in by Schumacher representing approximately 5 percent of which is the subject matter of, or secu­ in Tennessee, upon acquisition by appli­ cant. Accordingly, the Board’s action on mortgage loans made in that market. rity for, a loan or extension of credit Schumacher’s share of mortgage loan ac­ made by the holding company or any applicant’s proposal herein is conditioned upon applicant, after consummation of tivities in the other Tennessee markets in bank which is owned or controlled di­ the proposed acquisition, not engaging in which it operates constitutes no more rectly or indirectly, by such bank holding Tennessee in the sale of insurance other than 3 percent of the outstanding mort­ company.” Specifically exempted are than those kinds specifically exempted gage loans in those areas. Schumacher’s “ sales of credit life, credit accident and from the statutory prohibition. In addi­ office in Minneapolis, Minn., originated health insurance, and comprehensive physical damage insurance on motor tion, it is understood that it is applicant’s $6.7 million in real estate loans in 1971 intention, within 30 days after consum­ which represents less than 0.5 percent vehicles, mobile homes, and recreational vehicles.” (Sections 56-721 to 56-724 of mation of the proposed acquisition, to of the total of real estate loans made seek a determination in the Tennessee in that area. the Tennessee Code.) With respect to the insurance activi­ courts with respect to those insurance Through Bank, applicant originates a activities not specifically exempted from ties that would be engaged in by appli­ substantial amount of mortgage loans the Tennessee statute.® throughout California for its own ac­ cant in Tennessee after its acquisition of Schumacher, the National Association of In addition to its mortgage banking count. Its present real estate loan port­ and related insurance activities, Schu- folio exceeds $1.3 billion.1 With the ex- Insurance Agents and the Insurers of Tennessee, in commenting on the pro­ 4 Upon receipt of a determination by Ten­ posed acquisition, contend that the Ten­ nessee authorities that insurance activities i In the nine county San Francisco Bay nessee statute would prohibit Schu­ (other than those specifically exempted area, applicant’s hank made $262 million in macher, as a subsidiary of applicant, under the State statute) would be permissi­ real estate loans during the first 9 months ble to be engaged in by applicant, applicant of 1972, representing 5.6 percent of the total from engaging in certain types of insur­ may reapply to the Board for permission to real estate loans made in this area during ance activities in Tennessee. Applicant engage those additional activities. that period. has responded to these contentions by FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14795 mâcher acts as a real estate broker and By order of the Board of Governors,* acquisitions approved through Mar. 31, agent in listing and selling residential effective May 10, 1973. 1973.) properties, provides management services [ s e a l ] E liz a b e t h L. C a r m ic h a e l , Local performs management and ac­ for owners of certain income-producing Assistant Secretary of the Board. counting services for its operating sub­ properties and is engaged also in real sidiaries and does not directly transact estate development activities with respect [PR Doc.73-11140 Filed 6-4-73; 8:45 am] any business with the public. Sixty-six to parcels of land in Tennessee. The of its 68 operating subsidiaries are en­ Board has determined in previous cases FIDELITY CORP. OF PENNSYLVANIA gaged in consumer finance company ac­ that real estate brokerage and develop­ tivities while the other two subsidiaries ment activities and property manage­ Order Approving Acquisition of Local are engaged in the reinsurance of certain ment activities are generally not so Finance Corp, credit life and credit accident and health closely related to banking or managing Fidelity Corp. of Pennsylvania, Rose- insurance policies, and the reinsurance of or controlling banks as to be a proper mont, Pa., a bank holding company certain casualty insurance policies. incident thereto and, therefore, are not within the meaning of the Bank Holding Local’s 66 loan subsidiaries operate from permitted to be engaged in by a bank Company Act, has applied for the Board’s/ Rhode Island, Massachusetts, New Jer­ holding company. Applicant has stated approval, under section 4(c) (8) of the sey, Pennsylvania, and North Carolina, that upon consummation of the proposal act and § 225.4(b) (2) of the Board’s reg­ and had total loans outstanding amount­ herein, applicant will cause Schumacher ulation Y, to acquire all of the voting ing to $37.4 million as of December 31, to discontinue all property management shares of Local Finance Corp., Provid­ 1971. The finance companies also act as and real estate activities (except those ence, R.I. (Local), a company that en­ agents for the sale of credit life insur­ real estate brokerage activities with re­ gages, through its subsidiaries, in the ance, credit accident and health insur­ spect to properties acquired by Schu­ activities of making consumer loans to ance, and casualty insurance in connec­ macher as a result of defaulted loans ex­ individuals, including second mortgage tion with their extensions of credit. tended by Schumacher) and the Board’s loans where legally permitted; engaging Twenty-three of Local’s consumer action on applicant’s proposed acquisi­ in a general consumer finance business ; finance subsidiaries operate from offices tion of Schumacher is conditioned upon selling credit life and credit health and in New Jersey and three additional sub­ the termination by Schumacher of its accident insurance to its borrowers and sidiaries maintain offices in Pennsyl­ impermissible nonbanking activities at casualty insurance on collateral securing vania. Applicant does not engage in con­ the earliest date possible, but in no event such loans; and, through Master Life sumer finance company activities in later than 1 year from the effective date Insurance Co., a subsidiary of Local, re­ Rhode Island, Massachusetts, or North of this order.3 insuring such credit life, health, and ac­ Carolina; nor does there appear to be a It is anticipated that consummation cident insurance sold. Such activities substantial likelihood that it will engage of the proposed acquisition would en­ have been determined by the Board to be de novo in these activities in those States. hance the ability of Schumacher to pro­ closely related to banking (12 CFR 225.4 Applicant’s lead bank operates in the vide an increased quantity of mortgage (a) (1), (9), and (10)), except to the Philadelphia banking market which in­ funds in those areas in which it presently extent indicated hereinafter. In addition cludes the counties of Philadelphia and operates and should increase the likeli­ to the activities enumerated above, Local Delaware, as well as the eastern portion hood of Schumacher expanding the scope is also presently engaged, through a sub­ of Bucks, Montgomery, and Chester of its mortgage lending activities into sidiary, in the reinsuring of casualty in­ Counties and holds a personal loan port­ new markets. As a subsidiary of appli­ surance on household goods serving as folio totaling approximately $96 million. cant, Schumacher will have available to collateral on loans made by subsidiaries Local’s subsidiaries have offices in Penn- it a continuing source of managerial and of Local. Although originally a part of sauken and Merchantville, N.J., in the technical expertise to strengthen its com­ the instant application, the application Camden market and another office in petitive role in its present and future was amended by Applicant to withdraw the Trenton market, deriving total out­ markets. the request for approval of its indirect standings of $2.1 million from those two Based upon the foregoing and other acquisition of Local’s casualty reinsur­ markets. The proximity of these two considerations reflected in the record, ance subsidiary; Applicant represents markets to the Philadelphia banking including the conditions stated herein, that such subsidiary will be divested by market suggests the existence of some the Board has determined that the bal­ Local prior to consummation of the pro­ competition between Local and appli­ ance of the public interest factors the posed transactions. This order therefore cant’s lead bank along the intervening Board is required to consider under sec­ should not be construed as authorizing market boundaries. Local’s three Penn­ tion 4 (c)(8 ) is favorable. Accordingly, indirect acquisition of that subsidiary sylvania offices are located north and the application is hereby approved. This by Applicant nor has the Board consid­ east of the Allentown-Bethlehem area determination is subject to the Board’s ered whether the activities of that sub­ and are not considered to be in competi­ authority to require reports by, and make sidiary are so closely related to banking tion with applicant’s lead bank. Although examinations of, holding companies and or managing or controlling banks as to there may be some overlap in the custom­ their subsidiaries and to require such be a proper incident thereto. ers served by Local and applicant’s bank­ modification or termination of the activi­ Notice of the application, affording op­ ing subsidiary, it does not appear that ties of a holding company or any of its portunity for interested persons to submit consummation of the proposed acquisi­ subsidiaries as the Board finds necessary comments and views on the public inter­ tion would have a significantly adverse to assure compliance with the provisions est factors, has been duly published (37 effect on competition for consumer loans and purposes of State law and the Bank FR 10530). The time for filing comments in the Camden, Trenton, or Philadelphia Holding Company Act and the Board’s and views has expired and the Board has markets, in view of the small amount of regulations and orders issued thereunder, considered all comments_received in the outstandings held by Local’s subsidiaries or to prevent evasion thereof. light of the public interest factors set in these areas and the great number of forth in section 4 (c)(8 ) of the act (12 consumer loan sources present in those 3 As originally filed with the Board, ap­ U.S.C. 1843(c)). plicant’s application contained a proposal markets, including major consumer loan to engage in the business of property man­ Applicant controls one bank with ag­ companies and banks. In view of the agement with respect to Government subsi­ gregate deposits of $1.4 billion represent­ large number of existing competitors and dized low and moderate income housing ing 4.3 percent of commercial bank de­ potential entrants into these markets, projects and to provide management services posits in the State. (All banking data are consummation of the proposed transac­ with respect to properties which are subject as of June 30, 1972 adjusted to reflect tion is not likely to have a significant to permanent loans being serviced by Schu­ bank holding company formations and adverse effect on future or potential macher. Subsequently, applicant voluntarily competition even though applicant ap­ withdrew its request to engage in all prop­ erty management activities and applicant * Voting for this action: Chairman Burns pears to possess the resources to enter has determined instead to discontinue ren­ and Governors Brimmer, Sheehan, and those markets de novo. Nor does it ap­ dering all property management services now Bucher. Absent and not voting: Governors pear that consummation will adversely provided by Schumacher. Mitchell and Daane. affect the availability of lendable funds

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14796 NOTICES to other consumer finance companies. holding company performance of this reinsurance and sales activities by Local Accordingly, the Board concludes that service.” (12 CFR 225.4(a)(10).) Appli­ or its subsidiaries prior to, or upon, con­ approval of the application insofar as it cant has stated that the proposed rein­ summation of the proposed transaction. relates to the finance company subsid­ surance subsidiary and the direct in­ This determination is additionally sub­ iaries of Local would not appear to have surer, which issues the credit life and ject to the conditions set forth in any significant adverse effect on existing credit accident and health insurance pol­ § 225.4(c) of regulation Y (12 CFR or potential competition. The competi­ icies made available by its lending sub­ 225.4(c)) and to the Board’s authority tive effects of the proposed insurance sidiaries, will reduce the rates charged to require such modification or termina­ agency activities are also regarded as for credit life insurance by 2 percent in tion of the activities of a holding com­ consistent with approval of the appli­ Rhode Island, Massachusetts, and New pany or any of its subsidiaries as the cation. Jersey, 15 percent in North Carolina, Board finds necessary to assure compli­ With respect to the proposed insurance and by 3.33 percent per hundred dollars ance with the provisions and purposes of agency activities of Local, the Board has of indebtedness in Pennsylvania. Fur­ thé Act and the Board’s regulations and taken increasing notice of a practice per­ ther, the suicide exclusion would be elim­ orders issued thereunder, or to prevent mitted in certain States whereby level inated from the credit life insurance evasion thereof. term credit life insurance is sold in con­ policies. In addition, six exclusions pres­ By order of the Board of Governors,1 nection with installment lending. In such ently included in credit health and acci­ effective May 29,1973. circumstances, the amount of life insur­ dent insurance policies reinsured by a subsidiary of Lodal would be eliminated. [ s e a l ] T y n a n S m it h , ance coverage provided remains fixed Secretary of the Board. while the balance of the outstanding loan These related to the place of occur­ decreases with the periodic repayments rence, military service-connected events, [P R Doc.73-11151 Piled 6-4-73;8:45 am] by the borrower. The additional coverage self-inflicted events, nonscheduled air­ craft accidents, alcoholism and drug ad­ provided in excess of the outstanding FIRST NATIONAL CHARTER CORP. balance does not provide any protection diction, and preexisting health condi­ for the lender and is not generally related tions; their exclusion will result in the Acquisition of Bank payment of increased benefits to policy­ to the insurance needs of the borrower. First National Charter Corp., Kansas holders. It is the Board’s judgment that Decreasing term life insurance is a City, Mo., has applied for the Board’s ap­ these benefits to the public are consistent readily available form of insurance which proval under section 3(a) (3) of the Bank with approval of the application. provides adequate protection for the Holding Company Act (12 U.S.C. 1842(a) lender. Under these circumstances, the Applicant’s greater access to financial (3 )), to acquire 100 percent of the voting Board does not regard the sale of level resources may assure Local of more shares (less directors’ qualifying shares), term credit life insurance in connection ready access to funds and enable it to of the successor by merger to American with installment lending as directly re­ become a more effective competitor, and National Bank in Springfield, Springfield, lated to an extension of credit under thus increase public convenience and Mo. The factors that are considered in § 225.4(a) (9) (ii) of regulation Y. This stimulate competition with affiliates of acting on the application are set forth does not exclude limited sale of such in­ larger regional and national financial in section 3(c) of the Act (12 U.S.C. surance as a matter of convenience to the organizations active in the consumer 1842(c)). finance company industry in the rele­ purchaser, so long as the premium in­ The application may be inspected at vant markets. Further, Local’s present come from such sale, when combined with the office of the Board of Governors or management appears to have permitted, the premium income derived from the at the Federal Reserve Bank of Kansas on at least two recent occasions, prac­ sale of other “ convenience” insurance by City. Any person wishing to comment on tices that are inconsistent with the pub­ applicant or its subsidiaries, does not con­ the application should submit his views lic interest; the Board will expect appli­ stitute a significant portion of the aggre­ in writing to the Reserve Bank to be re­ cant to either directly involve itself in, gate insurance premium income of ap­ ceived not later than June 20,1973. plicant from insurance sold pursuant to or exercise strict supervision over, the § 225.4(a) (9) (ii) of regulation Y. management of Local and that such in­ Board of Governors of the Federal Re­ Local also engages in the activity of volvement or Supervision will have a cor­ serve System, May 29,1973. underwriting, as reinsurer, credit life, and rective effect on Local’s operations re­ dounding to the benefit of the public. [ s e a l ] C h ester B. F eldberg, credit accident and health insurance Assistant Secretary of the Board. which is directly related to its extensions Based upon the foregoing and other con­ of credit, as well as the underwriting, as siderations reflected in the record, the [P R Doc.73-11147 Piled 6-4r-73;8:45 am] reinsurer, of level coverage insurance. Board has determined that the balance of the public interest factors the Board Applicant does not presently engage in FIRST VIRGINIA BANKSHARES CORP. insurance underwriting activities and the is required to consider under section 4(c) proposed affiliation with applicant would (8) is favorable with respect to the pro­ Order Approving Acquisition of Bank appear to have no significant effects on posed finance company and certain of First Virginia Bankshares Corp., Falls competition within the underwriting in­ the insurance agency and underwriting Church, Va., a bank holding company dustry. As indicated above, level coverage activities. within the meaning of the Bank Hold­ insurance is hot considered to be directly Accordingly, the application is hereby ing Company Act, has applied for the related to an extension of credit. This approved, except to the extent that the Board’s approval under section 3(a)(3) being the case, § 225.4(a) (10) of regula­ application contemplates (1) reinsur­ of the Act (12 U.S.C. 1842(a) (3)), to ac­ tion Y does not authorize the underwrit­ ance of level coverage insurance and quire 100 percent of the voting shares ing of such insurance. (2) the sale of level coverage insurance, (less directors’ qualifying shares) of the In adding credit life underwriting to the gross commission income from successor by merger to the First National the list of permissible activities for bank which, would constitute, in the aggre­ Bank of Onancock, Onancock, Va. holding companies, the Board stated gate (when combined with other “ con­ (Bank). The bank into which Bank is to that, “ To assure that engaging in the venience” insurance sold by applicant be merged has no significance except underwriting of credit life and credit and its subsidiaries) an amount equal as a means to facilitate the acquisition of accident and health insurance can rea­ to 5 percent or more of the aggregate the voting shares of Bank. Accordingly, gross commission income of applicant sonably be expected to be in the public the proposed acquisition of shares of the and its subsidiaries deriving from the successor organization is treated herein interest, the Board will only approve sale of insurance pursuant to § 225.4(a) as the proposed acquisition of the shares applications in which an applicant dem­ (9) (ii) of regulation Y. of Bank. onstrates that approval will benefit the To that extent, the application is here­ consumer or result in other public bene­ by denied and approval of the remainder 1 Voting for this action: Chairman Burns fits. Normally such a showing would be of the application is expressly condi­ and Governors Daane, Brimmer, Sheehan, made by a projected reduction in rates tioned upon the discontinuation of the Bucher. Absent and not voting: Gov­ or increase in policy benefits due to bank above-described level coverage insurance ernor Mitchell.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14797

Notice of the application, affording op­ after the effective date of this order, crease the ability of Peoples Bank to portunity for interested persons to sub­ unless such period is extended for good complete with the two larger banks in mit comments and views, has been given cause by the Board, or by the Federal the relevant market without having an in accordance with section 3(b) of the Reserve Bank of Richmond pursuant to undue adverse effect on either one. act. The time for filing comments and delegated authority. The financial condition and manage­ views has expired, and none has been By order of the Board of Governors,1 ment of applicant and its subsidiary timely received. The Board has consid­ effective May 25,1973. banks are considered to be satisfactory ered th'e application in light of the fac­ in view of applicant’s recent injection tors set forth in section 3(c) of the act [ s e a l ] E l iz a b e t h L. C a r m ic h a e l , of additional equity capital into several (12 U.S.C. 1842(c)). Assistant Secretary of the Board. of its subsidiaries; prospects for the group Applicant, the sixth largest banking [FR Doc.73-11162 Filed 6-4-73;8:45 am] are favorable. The financial condition organization in Virginia, controls 21 and managerial resources of Peoples banks with aggregate deposits of $643 Bank are considered to be satisfactory million, representing 6.6 percent of the SOUTHEAST BANKING CORP. and its future prospects also appear total commercial bank deposits in Vir­ Order Approving Acquisition of Bank favorable. Applicant will assist its pro­ ginia. (All banking data are as of posed subsidiary in providing large com­ June 30, 1072, adjusted to reflect holding Southeast Banking Corp., Miami, Fla., mercial and real estate financing, in company acquisitions approved through a bank holding company within the establishing a trust department and, gen­ March 31, 1973.) Acquisition of Bank meaning of the Bank Holding Company erally, in improving the operations of (deposits of $11.2 million) would not re­ Act, has applied for the Board’s ap­ Peoples Bank. Considerations relating to sult in a significant increase in the con­ proval under section 3(a) (3) of the act the convenience and needs of the com­ centration of banking resources in (12 U.S.C. 1642(a)(3)) to acquire 80 munities to be served are consistent with Virginia. percent or more of the voting shares of approval. It is the Board’s judgment that Bank controls 17.8 percent of the total Peoples Bank of Venice, Venice, Fla. consummation of the proposed transac­ deposits in the Accomack County mar­ (“Peoples Bank”) . tion would be in the public interest and ket, making it the third largest of six Notice of the application, affording that the application should be approved. banks located therein. Applicant’s bank­ opportunity for interested persons to On the basis of the record, the appli­ ing subsidiary nearest to Bank is 60 miles submit comments and views, has been cation is approved for the reasons sum­ away across Chesapeake Bay and acces­ given in accordance with section 3(b) of marized above. The transaction shall not sible conveniently by car only' by means the act. The time for filing comments be consummated (a) before the 30th cal­ of the Chesapeake Bay Bridge Tunnel. and views has expired, and the Board endar day following the effective date of In view of, among other things, the dis­ has considered the application and all this order or (b) later than 3 months tance involved and expense of the tun­ comments received in light of the factors after the effective date of this order, un­ nel and the. impossibility under Virginia set forth in section 3(c) of the act (12 less such period is extended for good law for any of applicant’s present bank­ U.S.C. 1842(c)). cause by the- Board, or by the Federal ing subsidiaries to branch de novo into Applicant controls 21 banks with ag­ Reserve Bank of Atlanta pursuant to Accomack County, competition between gregate deposits of $1.3 billion, repre­ delegated authority. Bank and any banking subsidiary of ap­ senting 7.9 percent of the total bank plicant does not exist at present and is deposits held by Florida commercial By order of the Board of Governors,® unlikely to develop in the fiiture. Acco­ banks, and is the largest banking organi­ effective May 29, 1973. mack County does not appear to be an zation in the State. (All banking data [ s e a l ] T y n a n S m it h , attractive area for de novo entry because are as of June 30, 1972 and reflect hold­ Secretary of the Board. the population of the county has been ing company formations and acquisi­ gradually declining for the past 20 years, tions approved through April 30, 1973.) [FR Doc.73-11149 Filed 6-4-73:8:45 am] and the economic growth potential of The acquisition of Peoples Bank (de­ the area isTimited at present. The Board posits of $13.3 million) would increase SOUTHEAST BANKING CORP. concludes that the acquisition would applicant’s control of commercial bank have no significant adverse effects on deposits in Florida by one-tenth of 1 Order Approving Acquisition of Bank the competitive situation or the concen­ percentage point. Southeast Banking Corp., Miami, Fla., tration of banking* resources in the area. t Peoples Bank is the smallest of three a bank holding company within the The financial and managerial re­ banks in the southern portion of Sara­ meaning of the Bank Holding Company sources and future prospects of appli­ sota County2 and holds 13.4 percent of Act, has applied for the Board’s approval cant, its subsidiary banks and Bank are total commercial bank deposits therein. under section 3(a) (3) of the act (12 generally satisfactory and consistent The two other banks in the market each U.S.C. 1842(a)(3)) to acquire 80 per­ with approval, especially in light of ap­ control over 40 percent of total market cent or more of the voting shares of plicant’s commitment to improve the deposits and one is affiliated with the the First National Bank of Maitland, capital position of several of its subsidi­ seventh largest banking organization in Maitland, Fla. (Bank). ary banks and the injection of capital Florida. This acquisition would repre­ Notice of the application, affording this acquisition will bring to Bank. The sent applicant’s initial entry into the opportunity for interested persons to primary banking needs of the area are defined market area as well as into Sara­ submit comments and views, has been adequately served by the existing banks; sota County. Applicant’s subsidiary bank given in accordance with section 3(b) but Bank, through affiliation with appli­ nearest to Peoples Bank is approximately of the act. The time for filing comments cant, intends to furnish trust services 30 miles away. In view of, among other and views has expired, and the Board presently demanded by its customers and things, the distances between Peoples has considered the application and all new banking services as the need arises. Bank and each of applicant’s present comments received in light of the fac­ Considerations relating to convenience subsidiaries and the prohibition against tors set forth in section 3(c) of the act and needs of the community are con­ branch banking in Florida, the Board (12 U.S.C. 1842(c)). sistent with approval. It is the Board’s concludes that consummation of this Applicant controls 21 banks with ag­ judgment that the proposed transaction proposal would neither eliminate exist­ is in the public interest and that the ing nor potential competition. It appears gregate deposits of $1.3 billion, repre­ application should be approved. that affiliation with applicant will in- senting 7.9 percent of the total commer­ On the basis of the record, the appli­ cial bank deposits held by Florida banks, cation is approved for the reasons sum­ 1 Voting for this action: Chairman Burns and is the largest banking organization marized above. The transaction shall not and Governors Brimmer, Sheehan, and be consummated (a) before the 30th Bucher. Absent and not voting: Governors 3 Voting for this action: Chairman Burns Mitchell and Daane. and Governors Daane, Brimmer, Sheehan, calendar day following the effective date 2 The banking market is approximated by and Bucher. Absent and not voting: Gover­ of this order or Ob) later than 3 months the southern half of Sarasota County. nor Mitchell.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107------9 14798 NOTICES in the State. (All banking data are as of The financial condition of applicant, result in a significant increase in con­ June 30, 1972, and reflect holding com­ its subsidiary banks, and Bank are con­ centration of banking resources in the pany formations and acquisitions ap­ sidered to be satisfactory in view of State.1 proved through April 30, 1973.) The ac­ recent injections of equity capital. Appli­ Bank is the second largest of five banks quisition of Bank (deposits of $38.5 mil­ cant’s management is considered good in the relevant banking market (ap­ lion) would increase applicant’s control while management of Bank is satisfac­ proximated by the western portion of of commercial bank deposits in Florida tory. Future prospects for all are favor­ Volusia County) and controls 19 percent by two-tenths of one percentage point able. Applicant will assist Bank in pro­ of total market deposits. Applicant’s ex­ and its ranking in the State would be viding real estate financing and in isting subsidiary in the market, South­ east Bank of Deltona (Deltona Bank), unchanged.1 recruiting and training new management Bank, serving several residential com­ personnel. Applicant also intends to in­ with deposits of $11.1 million, is the munities to the north of Orlando, is the crease the interest paid on regular sav­ fourth largest bank therein holding 10 seventh largest of 35 banks in the Or­ ings accounts. Convenience and needs percent of the total commercial deposits. lando banking market* and controls 3.7 factors are consistent with and lend some Approval of this application would in­ percent of total commercial deposits support toward approval of the applica­ crease applicant’s share in the market therein; the six largest banks are all tion. It is the Board’s judgment that the from 10 to 29 percent and while this subsidiaries of holding companies and a proposed transaction would be in the would not give applicant a dominant po­ total of eight multibank holding com­ public interest and that the application sition,2 it would substantially increase panies (including applicant) are repre­ should be approved. concentration in the market. (The three sented. The presence of these larger On the basis of the record, the applica­ largest organizations control 80 percent banks in the Orlando market makes it tion is approved for the reasons sum­ of market deposits; approval of this ap­ unlikely that applicant’s acquisition of marized above. The transaction shall not plication would increase the amount to Bank could lead to applicant gaining a be consummated (a) before the 30th 89 percent.) dominant position in the market. Appli­ calendar day following the effective date The record reveals that there is no ex­ cant’s only banking subsidiary in the of this order or (b) later than 3 months isting competition between Bank and any market (Southeast National), located after the effective date of this order, un­ of applicant’s subsidiaries located out­ in the business district of Orlando, has less such period is extended for good side the relevant banking market. As far deposits of $14.5 million, representing 1.4 cause by the Board, or by the Federal as competition within the market is con­ percent of market deposits, and it ap­ Reserve Bank of Atlanta pursuant to cerned, it appears that the respective pears that no significant direct competi­ delegated authority. service areas of Bank and Deltona Bank (applicant’s subsidiary) do not presently tion exists between it and Bank. Fur­ By order of the Board of Governors,* thermore, the likelihood of significant overlap. However, there is evidence indi­ effective May 29,1973. future competition developing between cating that both banks compete directly Southeast National and Bank is remote [ s e a l ] T y n a n S m it h , with respect to the residents of Orange in view of the number and size of inter­ Secretary of the Board. City (population of 1,772), a community without a banking facility that is located vening banks, the traffic congestion in [FR Doc.73-11150 Filed 6-4-73; 8:45 am] downtown Orlando, and the relatively approximately midway between Bank small size of the two banks. Applicant’s and Deltona Bank. Consummation of the proposal would eliminate this existing nearest subsidiary outside the Orlando SOUTHEAST BANKING CORP. banking market is located 25 miles north competition as well as the possibility of of Bank and it appears that no signifi­ Order Denying Acquisition of Bank strong competition developing between cant existing competition would be Southeast Banking Corp., Miami, Fla., them in the future. eliminated between Bank and this or any a bank holding company within the The acquisition of Bank by a banking other subsidiary of applicant. meaning of the Bank Holding Company organization not presently represented in One of applicant's nonbanking sub­ Act, has applied for the Board’s approval the west Volusia County banking market sidiaries, Southeast Mortgage Co., Miami under section 3 (a)(3 ) of the act (12 could have a beneficial effect on compe­ ( “Company” ), maintains an office in U.S.C. 1842(a) (3 )) to acquire 80 percent tition in this area. The Board therefore Orlando. From the facts of record, it or more of the voting shares of Deland finds that it is likely that the proposed appears that Bank and Company are not State Bank, Deland, Fla. (Bank). acquisition would have significant ad­ significant competitors8 and that the Notice of the application, affording verse effects on competition in the rele­ removal of Bank as a competitor to Com­ opportunity for interested persons to vant banking market by increasing de­ pany through approval of this applica­ submit comments and views, has been posit concentration and removing a tion will not significantly improve Com­ given in accordance with section 3(b) of banking alternative therein, by eliminat­ pany’s ability to compete for the origina­ the act. The time for filing comments and ing some existing competition and the tion or servicing of mortgage loans in the views has expired, and the Board has possibility that strong future competition Orlando area. considered the application and all com­ would develop between Bank and appli­ ments received in light of the factors set cant’s Deltona subsidiary, and by fore­ closing the possibility that Bank could 1 Applicant has filed separate applications forth in section 3(c) of the act (12 U.S.C. 1842(c)). serve as a potential means of entry by to acquire 80 percent or more of the voting other banking organizations not pres­ shares of Deland State Bank, Deland, and Applicant controls 21 banks with ag­ Peoples Bank of Venice, Venice, both in ently represented in the market. Accord­ gregate deposits of $1.3 billion, represent­ ingly, competitive considerations require Florida. Affiliation of both banks would in­ ing 7.9 percent of the total commercial crease applicant’s share of the total Florida denial of this application unless the anti­ commercial bank deposits to 8.3 percent, bank deposits held by Florida banks, and competitive effects of the proposal are while its statewide competitive position is the largest banking organization in the would remain unaltered. State. (All banking data are as of June 30, 1 Applicant has filed separate applications 2 The Orlando banking market is approxi­ 1972, and reflect holding company forma­ to acquire 80 percent or more of the voting mated by Orange County and the southern tions and acquisitions approved through shares of the First National Bank of Mait­ portion of Seminole County. April 30, 1973.) The acquisition of Bank land, Maitland, and Peoples Bank of Venice, »In addition to Company, 37 mortgage (deposits of $20.6 million) would increase Venice, both in Florida. Affiliation of both companies and 6 savings and loan associa­ applicant’s control of commercial bank banks would increase applicant’s share of the tions maintain offices in the Orlando banking total Florida commercial bank deposits to 8.3 market. Residential mortgages originated by deposits in Florida by one-tenth of 1 per­ percent, while its statewide competitive posi­ Company accounted for less than 2 percent centage point and accordingly would not tion would remain unaltered. of the estimated total residential mortgages 2 Barnett Bank of Deland, N.A. (deposits originated in the Orlando SMSA. Bank does of $50.4 million), a subsidiary of Barnett not make FHA or VA mortgage loans and it * Voting for this action: Chairman Burns Banks of Florida, is the largest organization had less than $250,000 in conventional resi­ and Governors Daane, Brimmer, Sheehan, in the market with 46 percent of market dential mortgage loans outstanding on De­ and Bucher. Absent and not voting: Governor deposits. cember 31,1972. Mitchell.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 ¡NOTICES 14799 outweighed by benefits to the public in Interested persons may express their (2) ICP Docket No. 20344, Westmoreland meeting the convenience and needs of views on the question whether consum­ Coal Co., Eccles No. 5 Mine, USBM ID the communities to be served. mation of the proposal can “reasonably No. 46 01516 0, Eccles, W . Va.: The financial condition of applicant Section ID No. 004 (2nd Right off 4 be expected to produce benefits to the m ain s). and its subsidiaries are considered to be public, such as greater convenience, in­ Section ID No. 009 (A panel). satisfactory in view of recent injections creased competition, or gains in effi­ Section ID No. 012 (B panel). of equity capital; management is good ciency, that outweigh possible adverse Section ID No. 013 (North head­ and future prospects are favorable. The effects, such as undue concentration of ings). financial condition and managerial re­ resources, decreased or unfair competi­ Section ID No. 014 (7% Left). sources of Bank are generally satisfac­ tion, conflicts of interests, or unsound Section ID No. 015 (North west tory and prospects for its future growth banking practices.” Any request for a headings). are favorable. Thus, banking factors are (3) ICP Docket No. 20345, Westmoreland hearing bn this question should be ac­ Coal Co., Eccles No. 6 Mine, USBM ID consistent with approval but provide no companied by a statement summarizing No. 46 01514 0, Eccles, W . Va.: significant support for such action. the evidence the person requesting the Section ID No. 007 (1st North back, The banking needs of the relevant hearing proposes to submit or to elicit at B panel). communities are presently being met by the hearing and a statement of the rea­ Section ID No. 010 (C panel). the existing banks, and applicant states sons why this matter should not be re­ Section ID No. Oil (2nd left off of that it does not propose to introduce any solved without a hearing. 2nd n o rth ). services that are not currently available. The application may be inspected at Section ID No. 012 (11 Right p an el). Consummation of the proposed transac­ the offices of the Board of Governors or Section ID No. 013 (B panel), (4) ICP docket No. 20347, Westmoreand tion, therefore, would have little impact at the Federal Reserve Bank of Atlanta. Coal Co., W inding G u lf No. 4 Mines, on the convenience and needs of banking Any views or requests for hearing USBM ID No. 46 01515 0, East Gulf, customers in the area. Accordingly, con­ should be submitted in writing and re­ W. Va.: siderations relating to the convenience ceived by the Secretary, Board of Gov­ Section ID No. 020 (Lee Norse and needs of the communities to be ernors of the Federal Reserve System, Miner— 1st right off of first left). served do not outweigh the adverse com­ Washington, D.C. 20551, not later than Section ID No. 018 (Lee Norse petitive effects of the proposal. It is the June 21,1973. Miner— 1st panel off of first m ains). Board's judgment that consummation of Board of Governors of the Federal the proposed acquisition would not be in Reserve System, May 25,1973. In accordance with the provisions of the public interest and that the applica­ section 202(b) (4) (30 U.S.C. 842(b) (4 )) tion should be denied. [ s e a l ] T y n a n S m it h , of the Federal Coal Mine Health and On the basis of the record, the applica­ Secretary of the Board. Safety Act of 1969 (83 Stat. 742, et seq., tion is denied for the reasons summarized [F R Doc.73-11153 Filed 6-4-73;8:45 am ] Public Law 91-173), notice is hereby above. given that requests for public hearing as By order of the Board of Governors,8 INTERIM COMPLIANCE PANEL to an application for renewal may be effective May 29,1973. (COAL MINE HEALTH AND SAFETY) filed within 15 days after publication of this notice. Requests for public hearing [ s e a l ] T y n a n S m it h , ' ROCHESTER & PITTSBURGH COAL CO. must be filed in accordance with 30 CFR Secretary of the Board. AND WESTMORELAND COAL CO. part 505 (35 FR 11296, Julyl5, 1970), as [F R Doc.7af-11148 Filed 6-4-73;8:45 am] Applications for Renewal Permits, Notice of amended, copies of which may be ob­ Opportunity for Public Hearing tained from the Panel on request. UNITED CAROLINA BANCSHARES CORP. Applications for Renewal Permits for A copy of the application is available Noncompliance with the Interim Man­ for inspection and requests for public Proposed Acquisition of Prudential Credit hearing may be filed in the office of the Corporation of Sanford datory Dust Standard (2.0 mg/m8) have been received as follows: Correspondence Control Officer, Interim United Carolina Bancshares Corp., Compliance Panel, room 800, 1730 K Whiteville, N.C., has applied, pursuant to (1) ICP Docket No. 20534, Rochester & Street NW „ Washington, D.C. 20006. Pittsburgh Coal Co., Jane No. 1 & 2 section 4(c) (8) of the Bank Holding Mine, USBM ID No. 36 00823 0, G eorge A. H o r n b e c k , Company Act (12 U.S.C. 1843(c) (8 )) and Indiana, Pa.: Chairman, § 225.4(b) (2) of tile Board’s Regulation Section ID No. 017-0 (4 Butt 2 Left Interim Compliance Panel. IT, for permission to acquire the assets of Jane 1). Prudential Credit Corp. of Sanford, San­ Section ID No. 024-0 (East Mains M a y 31,1973. ford, N.C. Notice of the application was Jane 1). [F R Doc.73-11129 Filed 6-4-73:8:45 am] published on April 12, 1973, in the San­ Section ID No. 037-0 (Jane 1 M ain s). Section ID No. 039-0 (Jane 3 Mains ford Daily Herald, a newspaper circu­ OFFICE OF EMERGENCY lated in Lee County, N.C. * Jane 1). Applicant states that the proposed sub­ Section ID No. 040-0 (Jane 3 Mains PREPAREDNESS sidiary would engage in the business of Jane 1). ARKANSAS Section ID No. 056-0 (2 West making loans with a cash advance of Amendment to Notice of Major Disaster $900 or less, all to be repaid in install­ Jane 2). ments, and would act as an agent in the Section ID No. 057-0 (2 East Notice of Major Disaster for the State office of Prudential Credit Corp. of San­ Jane 1). of Arkansas, dated April 27, 1973, and ford with respect to insurance directly Section ID No. 059-0 (6 Butt 2 East published May 3, 1973 (38 FR 11013), amended May 8, 1973, and published related to the extension of credit, in­ 2 South “0” Right Jane 1 ) ^ cluding specifically credit life and credit Section ID No. 065-0 (3 East May 14,1973 (38 FR 12636), and amended accident and health insurance. Such ac­ Jane 1). May 15,1973, and published May 21,1973 (38 FR 13401), is hereby further amended tivities have been specified by the Board Section ID No. 073-0 (4 East in § 225.4(a) of Regulation Y as permis­ to include the following counties among Jane 1). those counties determined to have been sible for bank holding companies, sub­ Section ID No. 077-0 Left ject to Board approval of individual pro­ (2 adversely affected by the catastrophe de­ Jane 2). posals in accordance with the procedures clared a major disaster by the President of § 225.4(b). Section ID No. 078-0 (2 Left in his declaration of April 27, 1973: Jane 2). The counties o f: Section ID No. 079-0 (2 Right 3 Voting for this action: Chairman Burns Jane 2). Calhoun Hempstead and Governors Daane, Brimmer, Sheehan, Cleveland Hot Spring and Bucher. Absent and not voting: Gov­ Section ID No. 081-0 (5 West Cross Izard ernor Mitchell. Jane 1). Dallas Pike

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14800 NOTICES

(Catalog of Federal Domestic Assistance Pro­ The counties of: RAILROAD RETIREMENT BOARD gram No. 50.002, Disaster Assistance.) Baker Leon Columbia Levy RAILROAD RETIREMENT TAX ACT Dated May 30,1973. Dixie Madison Gilchrist Nassau Determination of Quarterly Rate of Excise D arrell M. T r e n t , Tax for Railroad Retirement Supple­ Acting Director, Hamilton Suwannee Jefferson Wakulla mental Annuity Program Office of Emergency Preparedness. Lafayette In accordance with directions in sec­ v [FR Doc.73-11131 Filed 6-4-73; 8:45 am] (Catalog of Federal domestic assistance pro­ tion 3221(c) of the Railroad Retirement gram No. 50.002, disaster assistance.) Tax Act (26 U.S.C. 3221(c)) as amended by section 5(a) of Public Law 91-215, the ARKANSAS Dated May 30,1973. Railroad Retirement Board has deter­ Amendment to Notice of Major Disaster D arrell M . T r e n t , mined that the excise tax imposed by Acting Director, such section 3221(c) on every employer, Notice of Major Disaster for the State Office of Emergency Preparedness. with respect to having individuals in his of Arkansas, dated April 27, 1973, and [FR Doc.73-11138 Filed 6-4-73;8:45 am] employ, for each man-hour for which published May 3, 1973 (38 FR 11013), compensation is paid by such employer amended May 8, 1973, and published for services rendered to him during the May 14, 1973 (38 FR 12636), amended ILLINOIS quarter beginning July 1, 1973, shall be May 15,1973, and published May 21,1973 at the rate of 7% cents. (38 FR 13401), and amended May 30, Amendment to Notice of Major Disaster Dated May 25, 1973. 1973, is hereby further amended to in­ Notice of major disaster for the State clude the following city among those of Illinois, dated April 27,1973, and pub­ By authority of the Board. areas determined to have been adversely lished May 3, 1973 (38 FR 11013), affected by the catastrophe declared a [ se al] R. F. B u t l e r , amended May 4, 1973, and published Secretary of the Board. major disaster by the President in his May 10, 1973 (38 FR 12260) and amend­ declaration of April 27, 1973: ed May 14, 1973, and published May 18, [FR Doc.73-11139 Filed 6-4-73:8:45 am] The city of: Pine Bluff 1973 (38 FR 13063), is hereby further (Catalog of Federal Domestic Assistance Pro­ amended to include the following coun­ SECURITIES AND EXCHANGE gram 50.002, Disaster Assistance.) ties among those counties determined to COMMISSION have been adversely affected by the ca­ Dated May 30,1973. tastrophe declared a major disaster by [File No. 500-1] D arrell M . T r e n t , the President in his declaration of BBI, INC. Acting Director, April 26,1973: Order Suspending Trading Office of Emergency Preparedness. The counties of: M a y 24, 1973. [FR Doc.73-11136 Filed 6-4-73;8:45 am] Gallatin , Pope The common stock, 10 cents par value, (Catalog of Federal domestic assistance pro­ of BBI, Inc., being traded on the Ameri­ FLORIDA gram No. 50.002, disaster assistance.) can Stock Exchange and the PBW Stock Exchange, pursuant to provisions of the Notice of Major Disaster and Related Dated May 30,1973. Determinations Securities Exchange A ct'd! 1934 and all D arrell M . T r e n t , other securities of BBI, Inc., being traded Pursuant to the authority vested in me Acting Director, otherwise than on a national securities by the President under Executive Order Office of Emergency Preparedness. exchange; and 11575 of December 31, 1970; and by vir­ [FR Doc.73-11135 Filed 6-4-73;8:45 am] It appearing to the Securities and Ex­ tue of the act of December 31, 1970, en­ change Commission that the summary titled “Disaster Relief Act of 1970” (84 suspension of trading in such securities Stat. 1744); notice is hereby given that KANSAS on such exchanges and otherwise than on May 26, 1973, the President declared on a national securities exchange is re­ Amendment to Notice of Major Disaster a major disaster as follows: quired in the public interest and for the I have determined that the damages in Notice of Major Disaster for the State protection of investors: certain areas of the State of Florida from of Kansas, dated May 4, 1973, and pub­ I t is ordered, Pursuant to sections severe storms and flooding, beginning about lished May 9, 1973 (38 FR 12171), is 19(a) (4) and 15(c) (5) of the Securities April 1, 1973, are of sufficient severity and hereby amended to include the following Exchange Act of 1934, that trading in magnitude to warrant a major disaster decla­ counties among those counties deter­ such securities on the above mentioned ration under Public Law 91-606. I therefore mined to have been adversely affected exchanges and otherwise than on a na­ declare that such a major disaster exists in the State of Florida. You are to determine by the catastrophe declared a major dis*r tional securities exchange be summarily the specific areas within the State eligible aster by the President in his declaration suspended, this order to be effective for for Federal assistance under this declaration. of May 2, 1973: the period from 10 a.m., e.d.t., May 24, 1973, through June 2,1973. Notice is hereby given that pursuant The counties of: to the authority vested in me by the Douglas Osage By the Commission. President under Executive Order 11575 Franklin Republic [ se al] R o nald F. H u n t , to administer the Disaster Relief Act of Greenwood Wabaunsee Secretary. 1970 (Public Law 91-606) I hereby ap­ Leavenworth Woodson Wyandotte [F R Doc.73-11155 Filed 6-4-73; 8:45 am] point Mr. William C. McMillen, Regional McPherson Director, OEP Region 4, to act as the (Catalog of Federal domestic assistance pro­ Federal coordinating officer to perform gram No. 50.002, disaster assistance.) [File No. 506-1] the duties specified by section 201 of that Dated May 30,1973. CONTINENTAL VENDING MACHINE CORP. act for this disaster. Order Suspending Trading I do hereby determine the following D arrell M . T r e n t , areas in the State of Florida to have been Acting Director, M a y 29, 1973. adversely affected by this declared major Office of Emergency Preparedness. It appearing to the Securities and Ex­ disaster. [FR Doc.73-11137 Filed 6-4-73;8:45 am ) change Commission that the summary

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 \ NOTICES 14801

suspension of trading in the common order to be effective for the period from amended, that the exemption of United stock, 10 cents par value, of Continental May 30,1973, through June 8,1973. Auto Auction Systems, Inc., under regu­ Vending Machine Corp., and the 6 per­ By the Commission. lation A be, and it hereby is, temporarily cent convertible subordinated debentures suspended. due September 1, 1976, being traded [ s e a l ] R o n a ld P . H u n t , I t is further ordered, Pursuant to rule otherwise than on a national securities Secretary. 7 of the Commission’s rules of practice, exchange is required in the public in­ [PR Doc.73-11154 Piled 6-4-73:8:45 am] that the issuer file an answer to the terest and for the protection of investors: allegations contained in th’is order I t is ordered, Pursuant to section within 30 days of the entry thereof. 15(c) (5) of the Securities Exchange Act [Pile No. 24SF—3979 ] Notice is hereby given that any person of 1934, that trading in such securities UNITED AUTO AUCTION SYSTEMS, INC. having an interest in the matter may otherwise than on a national securities Order Temporarily Suspending Exemption, file with the Secretary of the Commis­ exchange be summarily suspended, this sion a written request for hearing within order to be effective for the period Statement of Reasons Therefor, and Notice of Opportunity for Hearing 30 days after the entry of this order; that May 30, 1973, through June 8, 1973. within 20 days after receipt of such re­ By the Commission. M a y 29, 1973. quest the Commission will, or at any I. United Auto Auction Systems, Inc., time upon its own motion may, set the [ s e a l ] R o n a ld P . H u n t , 1417 South Figueroa Street, Los Angeles, matter down for hearing at a place to be Secretary. Calif. 90015 (Auction), filed a notifica­ designated by the Commission, for the [PR Doc.73-11156 Filed 6-4-73:8:45 am] tion on form 1-A and offering circular purpose of determining whether this with the San Francisco branch office on order of suspension should be vacated or December 18,1972. This filing related to a made permanent, without prejudice, [Pile No. 500-1] proposed offering of 100,000 shares of however, to the consideration and pres­ WESTGATE-CALIFORNIA CORP. Auction’s common stock at $5 per share entation of additional matters at the Order Suspending Trading for an aggregate offering price of $500,- hearing; that, if no hearing is requested 000. The purpose of this filing was to and none is ordered by the Commission, M a y 18,1973. obtain an exemption from the registra­ this order shall become permanent on It appearing to the Securities and Ex­ tion requirements of the Securities Act the 30th day after its entry and shall change Commission that the summary of 1933 pursuant to the provisions of remain in effect unless or until it is suspension of trading in the class A com­ section 3(b) and regulation A promul­ modified or vacated by the Commission; mon stock ($5 par value), class B com­ gated thereunder. and that notice of the time and place mon stock ($5 par value), 6 percent cu­ II. The Commission, on the basis of for any hearing will be promptly given mulative preferred ($10 par value), 5 information reported to it by its staff, by the Commission. percent cumulative preferred ($70 par has reason to believe that: value), 6 percent convertible subordi­ A. The offering circular of Auction By the Commission. nated debentures due 1987, 6 percent sub­ omits to state material facts necessary [ s e a l ] R o n a ld F . H u n t , ordinated debentures due 1979 and all in order to make the statements made, Secretary. other securities of Westgate-Califomia in fight of the circumstances under [PR Doc.73-11158 Filed 6-4-73;8:45 am ] Corp. being traded otherwise than on a which they were made, not misleading national securities exchange is required and contain untrue statements of ma­ in the public interest and for the protec­ terial facts, primarily and among other INTERSTATE COMMERCE tion of investors. things: COMMISSION It is ordered, Pursuant to section 15(c) 1. The offering circular fails to dis­ [Notice No. 266] (5) of the Securities Exchange Act of close that the auctioneer’s license of 1934, that trading in such securities Stanley Gordon, president of Auction, ASSIGNMENT OF HEARINGS was revoked: and otherwise than on a national securities M a y 31, 1973. exchange be summarily suspended, this 2. The offering circular fails to dis­ close that Auction had been notified by Cases assigned for hearing, postpone­ order to be effective for the period from ment, cancellation, or oral argument ap­ May 21, 1973, through May 30, 1973. the Department of Motor Vehicles of the State of California of repeated violations pear below and will be published only By the Commission. of the State of California motor vehicles once. This list contains prospective as­ signments only and does not include [ s e a l ] R o n a ld F. H u n t , code. Secretary. B. The terms and conditions of regu­ cases previously assigned hearing dates. The hearings will be on the issues as [PR Doc.73-11157 FUed 6-4-73:8:45 am] lation A have not been complied with in that: presently reflected in the official docket 1. The offering circular fails to dis­ of the Commission. An attempt will be [Pile No. 500-1] close that the auctioneer’s license of made to publish notices of concellation of hearings as promptly as possible, but JEROME MACKEY'S JUDO, INC. Stanley Gordon was revoked: and 2. The offering circular fails to dis­ interested parties should take appropri­ Order Suspending Trading close that Auction had been notified by ate steps to insure that they are notified of cancellation or postponements of M a y 29,1973. the Department of Motor Vehicles of the hearings in which they are interested. It appearing to the Securities and Ex­ State of California of repeated violations of the State of California motor vehicles No amendments will be entertained after change Commission that the summary the date of this publication. suspension of trading in the common code. stock, 1 cent par value, and all other se­ C. The offering, if made, would be in MC 136537, D.M.T. Trucking, Inc., contract curities of Jerome Mackey’s Judo, Inc., violation of section 17 of the Securities carrier application, now assigned June 5, Act of 1933. 1973, at Washington, D.C., postponed to being traded otherwise than on a na­ June 25, 1973, at the Offices of the Inter­ tional securities exchange is required in HI. It appearing to the Commission state Commerce Commission, Washington the public interest and for the protection that it is in the public interest and for D.C. of investors: the protection of investors that the ex­ MC 107839 sub 150, Denver-Albuquerque Mo­ It is ordered, Pursuant to section 15(c) emption of the issuer under regulation tor Transport, Inc., now assigned June 11, (5) of the Securities Exchange Act of A be temporarily suspended. 1973, at Phoenix, Ariz., is canceled and 1934, that trading in such securities the application is dismissed. It is ordered, Pursuant to rule 261(a) MC 107295 sub 624, Pre-Fab Transit Co., now otherwise than on a national securities of the general rules and regulations un­ assigned June 11, 1973, at Dallas, Tex., is exchange be summarily suspended, this der the Securities Act of 1933, as canceled and the application is dismissed.

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 14802 NOTICES

MC 115841 sub 434, Colonial Refrigerated I.C.C. R.E.R. No. 387, issued by W. J. state Commerce Act, the filing of such a Transportation, Inc., now assigned June 4, Trezise, or successive issues thereto, as petition will postpone the effective date 1973, at Dallas, Tex., is canceled and the bearing reporting marks Sou, CG, G. & of the order in that proceeding pending application is dismissed. AB-5 sub 73, George P. Baker, Richard C. F., and SA, assigned to the Southern its disposition. The matters relied upon Bond, and Jervis Langdon, Jr., trustees of Railway Co. or to the Central of Georgia by petitioners must be specified in their the property of Penn Central Transporta­ Railroad Co., having mechanical des­ petitions with particulartiy. tion Co., debtor, abandonment between ignation XM, and which are less than No. MC-FC-74008. By order of May 29, Nanticoke and Glen Lyon, Luzerne County, 49 ft 8 in inside length and equipped Pa., AB-5 sub 99, George P. Baker, Rich­ 1973, the Motor Carrier Board approved with doors more than 8 ft in width, or the transfer to Dockside Transportation, ard C. Bond, and Jervis Langdon, Jr., which are 49 ft 8 in or longer inside trustees of the property of Penn Central a corporation, Wilmington, Calif., of the length, regardless of door width. (See operating rights in certificate No. MC- Transportation Co., debtor, abandonment exception.) portion of Wilkes-Barre Branch between S. 129966 issued September 3, 1968 to Sol- Danville and Wilkes-Barre, Northumber­ (c) Exception.—Plain boxcars de­ vang Freight Lines, Inc., Alhambra, land, Montour, Columbia, and Luzerne scribed in paragraph (b) above, located Calif., authorizing the transportation of Counties, Pa., No. 35727, Penn Central empty on any of the railroads named general commodities and specified com­ Transportation Co. (George P. Baker, Rich­ herein, may be loaded to any point on modities between specified points in ard C. Bond, and Jervis Langdon, Jr., the Southern Railway Co. or on the Cen­ trustees) -V-Delaware and Hudson Rail­ California. Milton W. Flack, 4311 Wil- tral of Georgia Railroad Co. if routed via shire Boulevard, Los Angeles, Calif. 90010, road Co., et al., and FD 21989, Pennsylvania either of those lines. Railroad Co., merger, New York Central attorney for applicants. (d) Regulations suspended.—The op­ Railroad Co., now assigned June 18, 1973, No. MC-FC-74472. By order of May 22, at Wilkes-Barre, Pa., will be held at the eration of all rules and regulations, inso­ Daniel Flood High School Auditorium, 600 far as they conflict with the provisions 1973, the Motor Carrier Board approved North Washington Street. of this direction, is hereby suspended. the transfer to Johnson, Inc., Colby, MC 123681 sub 25, Widing Transportation, (e) Effective date.—This direction shall Kans., of certificates Nos. MC-124739 and Inc., now being assigned hearings June 18, become effective at 12:01 a.m., May 30, MC-124739, sub-No. 1, issued June 12, 1973 (1 week), at the Benson Hotel, 309 1973. 1963, and October 27,1966, respectively to Southwest Broadway, Portland, Oreg., (f) E x p ira tio n date.— This direction Leslie L. Johnson, Colby, Kans., authoriz­ July 9, 1973 (1 week), at jthe Westbury shall expire at 11:59 p.m., June 30, 1973, ing the transportation of lumber and Hotel, 480 Sutter Street, San Francisco, various specified commodities from, to, Calif., and July 16, 1973 (1 week), at the unless otherwise modified, changed, or Roadway Inn, 154 West Sixth South Street, suspended by order of this Commission. and between, points as specified in Ore­ Salt Lake City, Utah. It is further ordered, That a copy of gon, Idaho, Kansas, Nebraska, Colorado, AB-3 sub 2, Missouri Pacific Railroad Co., this direction shall be served upon the and Missouri. Leslie L. Johnson, presi­ abandonment between Eudora, Ark., and Association of American Railroads, Car dent, Johnson, Inc., 1045 W 6th Street, Delhi, La., in Chicot County, Ark., and Service Division, as agent of all railroads Colby, Kans. 67701, for applicants. West Carroll and Richland Parishes, La., now assigned June 20, 1973, at Oak Grove, subscribing to the car service and car hire No. MC-FC-74478. By order of May 22, La., is postponed to June 25, 1973, at the agreement under the terms of that agree­ 1973, the Motor Carrier Board approved Oak Grove Courthouse Building, Oak ment, and upon the American Short Line the transfer to Roger and Mary Evelyne Grove, La. Railroad Association ; and that notice of Zelnick, a partnership, doing business as MC-30844 sub 441, Kroblin Refrigerated this direction be given to the general R&E Trucking, West Paterson, N.J., of Xpress, Inc., now assigned June 6, 1973, public by depositing a copy in the Office certificates Nos. MC-107972 and MC- at Washington, D.C., is canceled and the of the Secretary of the Commission at 107972, sub-No. 1, issued November 21, application dismissed. Washington, D.C., and by filing it with 1963, and April 15, 1968, respectively, to [ s e a l ] J o s e ph M . H a r r in g t o n , the Director, Office of the Federal Massive Trucking, Inc., Clifton, N.J., au­ Acting Secretary. Register. thorizing the transportation of general [FR Doc.73-11187 Filed 6-4-73; 8:45 am] Issued at Washington, D.C., May 25, commodities, with exceptions, between 1973. specified points in New York and New I n ter state C o m m er c e Jersey. John M. Zachara, P.O. Box “Z”, [Revised S.O. 1002, Car Distribution C o m m is s io n , Paterson, N.J. 07509, applicants practi­ Direction 93] [ s e a l ] R. D. P f a h l e r , tioner. ATLANTA & WEST POINT RAIL ROAD Agent. No. MC-FC-74484. By order of May 22, CO. ET AL. [FR Doc.73-11188 Filed 6-4-73;8:45 am] 1973, the Motor Carrier Board approved Distribution of Boxcars the transfer to United Freightway, Inc., North Andover, Mass., of the operating Pursuant to section 1(15) arid (17)’ of [Notice 287] rights in permits No. MC-128389 (sub- the Interstate Commerce Act and au­ MOTOR CARRIER BOARD TRANSFER No. 1), and MC-128389 (sub-No. .3), is­ thority vested in me by Interstate Com­ PROCEEDINGS sued July 5, 1967 and November 17, 1967, merce Commission Service Order No. respectively to Douglas R. Lewis, Jr., do­ Synopses of orders entered by the Mo­ 1002. ing business as Lewis Transportation Co., It is ordered, That; tor Carrier Board of the Commission pur­ suant to sections 212(b), 206(a), 211, 312 Sudbury, Mass., authorizing the trans­ (a) This order shall apply to the fol­ portation of dry expanded shale from (b), and 410(g) of the Interstate Com­ lowing railroads: Plainville, Mass, to points in Connecticut, merce Act, and rules and regulations pre­ Atlanta & West Point Rail Road Co., Caro-, scribed thereunder (49 CFR pt. 1132), Maine, New Hampshire, Vermont, New lina, Clinchfield, and Ohio Railway, Sea­ Jersey, and New York. George C. O’Brien, appear below: board Coast Line Railroad Co., and Louis­ 15 Court Street, Boston, Mass. 02108, at­ ville & Nashville Railroad Co., lessees. Each application (except as otherwise torney for applicants. Georgia Rail Road & Banking Co., Seaboard specifically noted), filed after March 27, Coast Line Railroad Co., and Louisville & 1972, coritains a statement by applicants No. MC-FC-74487. By order eritered Nashville Railroad Co., lessees. that there will be no significant effect May 22, 1973, the Motor Carrier Board Louisville & Nashville Railroad Co., Seaboard on the quality of the human environment approved the transfer to J. E. Lammert Coast Line Railroad Co., and The Western Transfer, Inc.,' Grand Island, Nebr., of Railway of Alabama. resulting from approval of the applica­ tion. As provided in the Commission’s the operating rights set forth in certifi­ (b) The railroads named in paragraph special rules of practice any interested cate No. MC-18352, issued December 23, (a) herein shall withdraw from distri­ person may file a petition seeking recon­ 1969, acquired by Pat’s Transfer, Inc., bution and return to owners empty ail sideration of the following numbered Hershey, Nebr., pursuant to No. MC-FC- plain boxcars which are listed in the proceedings on or before June 25, 1973. 73975, approved November 13, 1972, and Official Railway Equipment Register, Pursuant to section 17(8) of the Inter­ consummated March 12, 1973, authoriz-

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 NOTICES 14803

ing the transportation of commodities of CFR part 1131) published in the F ederal oil, in bulk, in tank vehicles, between a general commodity nature, between R eg ister , issue of April 27,1965, effective Natchez, Miss., and Woodriver, 111. in specified points and areas in Nebraska, July 1, 1965. These rules provide that round trip service, for 180 days. Support­ Colorado, Iowa, and Wyoming. Kenneth protests to the granting of an application ing shipper: Calumet Petrochemicals, P. Dudley, €11 Church Street, P.O. 279, must be filed with the field official named Inc., 14000 Mackinaw Avenue, Chicago, Ottumwa, Iowa 52501, representative for in the F ederal R eg ister publication, 111. 60633. Send protests to: District Su­ applicants. within 15 calendar days after the date of pervisor Alan C. Tarrant, Interstate [ s e a l ] J o s e ph M . H a r r in g t o n , notice of the filing of the application is Commerce Commission, room 212, 145 Acting Secretary. published in the F ederal R e g ister . One East Amite Building, Jackson, Miss. copy of such protests must be served on 39201. [PR Doc.73-11189 Piled 6-4-73;8:45 am] the applicant, or its authorized repre­ sentative, if any, and the protests must No. MC-113678 (sub-No. 493 TA), filed May 14, 1973. Applicant: CURTIS, INC., [Notice 288] certify that such service has been made. The protests must be specific as to the 4810 Pontiac Street, Commerce City, MOTOR CARRIER BOARD TRANSFER service which such protestant can and Colo. 80216. Applicant’s representative: PROCEEDINGS wffl offer, and must consist of a signed David L. Metzler (same as above). Au­ Synopses of orders entered by the original and six copies. thority sought to operate as a common Motor Carrier Board of the Commission A copy of the application is on file, and carrier, by motor vehicle, over irregular pursuant to sections 212(b), 206(a), 211, can be examined at the Office of the Sec­ routes, transporting: Charcoal bri­ 312(b), and 410(g) of the Interstate retary, Interstate Commerce Commis­ quettes, charcoal, fireplace logs, and Commerce Act, and rules and regulations sion, Washington, D.C., and also in field related items such as lighter fluid, wood prescribed thereunder (49 CFR, pt. 1132), office to which protests are to be trans­ chips, and barbeque base, from the appear below: mitted. plantsite of Husky Industries, Lie., at Each application (except as otherwise or near Dickinson, N. Dak. to points in M otor C arriers O f P r o pe r t y specifically noted), filed after March 27, Colorado, Montana, Nebraska, New 1972, "contains a statement by appli­ No. MC-732 (sub-No. 7 TA), filed Mexico, Oklahoma, Texas, and Wyo­ cants that there will be no significant May 18, 1973. ' Applicant: a t «b ust a ming, for 180 days. Supporting shipper: effect on the quality of the human en­ TRANSFER COMPANY, INC., 714 North Husky Industries, Inc., 62 Perimeter vironment resulting from approval of Fremont, Portland, Oreg. 97227. Appli­ Center East, Atlanta, Ga. 30346. Send the application. As provided in the Com­ cant’s representative: Philip G. Skof- protests to: Herbert C. Ruoff, District mission’s special rules of practice any stad, 3076 East Burnside Street, Port­ Supervisor, Interstate Commerce Com­ interested person may file a petition land, Oreg. 97214. Authority sought to mission, 2022 Federal Building, Denver, seeking reconsideration of the following operate as a common carrier, by motor Colo. 80202. numbered proceedings on or before vehicle, over irregular routes, transport­ No. MC-113784 (sub-No. 48 TA), filed June 25, 1973. Pursuant to section 17(8) ing: Lumber, plywood and lumber mill May 18, 1973. Applicant: LAIDLAW of the Interstate Commerce Act, the filing products, between points in Oregon and TRANSPORT LIMITED, 65 Guise Street, of such a petition will postpone the effec­ Washington, for 180 days. Supporting Hamilton, Ontario, Canada. Applicant’s tive date of the order in that proceeding shippers: Several letters of support were representative: David A. Sutherlund, pending its disposition. The matters re­ filed with the application which can be 2001 Massachusetts Ave. NW., Washing­ lied upon by petitioners must be specified examined in Washington, D.C. Send ton, D.C. 20036. Authority sought to op­ in their petitions with particularity. protests to: District Supervisor W. J. erate as a common carrier, by motor ve­ No. MC-FC-74330. By application filed Huetig, Interstate Commerce Commis­ hicle, over irregular routes, transporting: May 29, 1973, J. E. LAMMERT TRANS­ sion, 450 Multnomah Building, 319 Hydrate lime, in bulk, in pneumatic tank FER, INC., 317 North Oak Street, Grand Southwest Pine, Portland, Oreg. 97204. trailers, from ports of entry or the inter­ Island, Nebr. 68801, seeks temporary au­ No. MC—55778 (sub-No. 18 T A ); filed national boundary line between the thority to lease the operating rights of May 18, 1973. Applicant: MOTOR DIS­ United States and Canada on the Detroit DONALD W. CLARKE, doing business as PATCH, INC., 2559 South. Archer Ave­ and St. Clair Rivers to Trenton and Mid­ RED CLOUD TRANSFER, Hastings, nue, Chicago, 111. 60608. Applicant’s land, Mich., for 180 days. Supporting Nebr. 68901, under section 210a(b). The representative: Edward G. Bazelon, 39 shipper: Domtar Chemicals Limited, P.O. transfer to J. E. LAMMERT TRANSFER, South La Salle Street, Chicago, 111. 60603. Box 68, Station O, Toronto, Canada. Send INC., of the operating rights of DONALD Authority sought to operate as a com­ protests to: District Supervisor George W. CLARKE, doing business as RED mon carrier, by motor vehicle, over M. Parker, Interstate Commerce Com­ CLOUD TRANSFER, is presently pend­ irregular routes, transporting: Building mission, Bureau of Operations, 612 Fed­ ing. eral Building, 111 West Huron Street, and construction materials and supplies, Buffalo, N.Y. 14202. By the Commission. except in bulk, from the plantsite and warehouse facilities of The Celotex Cor­ MC-117118 (sub-No. 476 TA), filed [ s e a l ] R obert L. O s w a l d , poration at or near Wilmington, HI., to May 17,1973. Applicant: WILLIS SHAW Secretary. points in Iowa, Missouri, and Wisconsin, FROZEN EXPRESS, INC., P.0. Box 188, [FR Doc.73-11191 Filed 6-4-73;8:45 am] for 180 days. Supporting shipper: The Elm Springs, Ark. 72728. Authority Celotex Corp., P.O. Box 22602, Tampa, sought to operate as a common carrier, Fla. 33622. Send protests to: District by motor vehicle, over irregular routes, [Notice 71] Supervisor Richard K. Shullaw, Inter­ transporting: Frozen foods, from Monte MOTOR CARRIER TEMPORARY state Commerce Commission, Everett Alto, Edinburg, Corpus Christi, and AUTHORITY APPLICATIONS McKinley Dirksen Building, 219 South Brownsville, Tex., to points in the United Dearborn Street, room 1086, Chicago, 111. States (except Alaska and H awaii), 180 M a y 29,1973. 60604. *:>;£ days. Supporting shipper: Vahlsing, Inc., The following are notices of filing of P.O. Box 248, Elsa, Tex. 78543. Send pro­ No. MC-107002 (sub-No. 432 TA), filed application, except as otherwise specifi­ tests to: District Supervisor William H. cally noted, each applicant states that May 18, 1973. Applicant: MILLER Land, Jr., Interstate Commerce Commis­ TRANSPORTERS, INC., P.O. Box 1123, there will be no significant effect on the sion, 2519 Federal Office Building, 700 quality of the human environment re­ U.S. Highway 80 West, Jackson, Miss. sulting from approval of its application, 29205. Applicant’s representative: John We%t Capitol, Little Rock, Ark. 72201. for temporary authority under sections J. Borth, P.O. Box 1123, Jackson, Miss. No. MC-124692 (sub-No. 112 TA), filed 210a(a) and 311(a) of the Interstate 39205. Authority sought to operate as a May 15, 1973. Applicant: SAMMONS Commerce Act provided for under the common carrier, by motor vehicle, over TRUCKING, P.O» Box 1447, Missoula, new rules of Ex parte No. MC-67, (49 irregular routes, transporting: Petroleum Mont. 59801. Applicant’s representative:

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 14804 NOTICES

J. David Douglas (same as applicant). shipper: Rival Manufacturing Co., 3600 Co., located at or near Memphis, Tenn. Authority sought to operate as a common Bennington, Kansas City, Mo. Send pro­ Restricted to plywood having a prior carrier, by motor vehicle, over irregular tests to; John V. Barry, district super­ movement by water, for 180 days. Sup­ routes, transporting: Lumber and wood visor, Interstate Commerce Commission, porting shipper: Evans Products Co., products, from points in Oregon and Bureau of Operations, 600 Federal Office P.O. Box 1188, 201 Dexter Street, Washington, to points in California, for Building, 911 Walnut Street, Kansas City, Chesapeake, Va. 23324. Send protests to: 180 days. Supporting shippers: Numer­ Mo. 64106. Paul D. Collins, District Supervisor, Interstate Commerce Commission, T - ous letters of support were filed with ap­ No. MC-138632 (sub 1 TA), filed May 9038, U.S. Postal Service Building, 701 plication and can be examined in Wash­ 17, 1973. Applicant: JOSEPH F. HALE ington, D.C. Send protests to: District doing business as JOE HALE TRUCK­ Loyola Avenue, New Orleans, La. 70113. Supervisor Paul J. Labane, Interstate ING CO., P.O. Box 715, Dublin, Va. No. MC 138726 TA, filed May 18, 1973. Commerce Commission, room 222, U.S. 24084. Applicant’s representative: Wil­ Applicant: MARK SWEET AND DUANE Post Office Building, Billings, Mont. liam E. Bain, P.O. Box 4308, Roanoke, SWEET, a partnership, doing business as 59101. Va. 24015. Authority sought to operate as WINDMILL MOBILHOME MOVERS, No. MC-128075 (sub-No. 28 TA), filed a contract carrier, by motor vehicle, over Route 2, Box 2020, LaGrande, Oreg. May 18,1973. Applicant: LEON JOHNS- irregular routes, transporting: Corru­ 97850. Authority sought to operate as a RUD, P.O. Box 447, Cresco, Iowa 52136. gated metal pipe end sections, bands, common carrier, by motor vehicle, over Authority sought to operate as a com­ bolts and related articles, from Dublin, irregular routes, transporting: (1) mon carrier, by motor vehicle, over ir­ Va., to points in Georgia, Kentucky, Travel trailers and mobile homes, be­ regular routes, transporting: Aircraft North Carolina, Ohio, South Carolina, tween points in Union and Umatilla, hanger and industrial doors, from Rice- Tennessee, Virginia, and West Virginia, Counties, Oreg., on the one hand, and, on ville, Iowa, to points in the United States for 180 days. Supporting shipper: Lane- the other, points in Idaho, Washington, (except Hawaii and Alaska), for 180 Penncarva, Inc., P.O. Box 67,, Bealeton, Nevada, North Dakota, South Dakota, days. Supporting shipper: Mosher Doors, Va. 22712. Send protests to: District Montana, Wyoming, and Utah; (2) Inc., P.O. Box 157, Riceville, Iowa 50466. Supervisor Clatin M. Harmon, Bureau of Sectionalized buildings, from Wallowa, Send protests to: Herbert W. Allen, In­ Operations, Interstate Commerce Com­ Oreg., 10 points in Idaho and Washing­ terstate Commerce Commission, 875 Fed­ mission, 215 Campbell Avenue SW., ton, for 180 days. Supporting shippers: eral Building, Des Moines, Iowa 50309. Roanoke, Va. 24011. Numerous, may be examined at I.C.C. No. MC-135887 (Sub-No. 3 TA ) filed No. MC—138690 (sub-No. 1 TA), filed offices. Send protests to: District Super­ May 17, 1973. Applicant: VOYNE E. May 18, 1973. Applicant: MAIN-TRAN­ visor W. J. Huetig, Bureau of Operations, GLEASON, P.O. Box 209, Coeur d’Alene, SIT TAXI SERVICE, INC., 7088 Transit Interstate Commerce Commission, 450 Idaho 83814. Applicant’s representative: Road, Williamsville, N.Y. 14221. Appli­ Multnomah Building, 319 Southwest Joseph O. Earp, 411 Lyon Building, Seat­ cant’s representative: Robert D. Gunder- Pine, Portland, Oreg. 97204. tle, Wash. 98104. Authority sought to man, Statler Hilton, suite 1708, Buffalo, W ater C arrier A p p l ic a t io n operate as a contract carrier, by motor N.Y. 14202. Authority sought to operate vehicle, over irregular routes, transport­ as a common carrier, by motor vehicle, No. W-1269 TA, filed May 17, 1973. ing: Malt beverages, from San Francisco, over irregular routes, transporting: Elec­ Applicant: James O. Lafferty, Lawrence Calif., to CoOur d’Alene, Kellogg, and trical apparatus and appliance parts, for A. Tonn, and Wayne R. Bryan, 1130 Sandpoint, Idaho, for 180 days. Support­ the account of Westinghouse Canada North Jantzen, Portland, Oreg. 97217. ing shippers: Bill Jones Distributing Co., Ltd., Hamilton, Ontario, between ports Applicant’s representative: James O. Box 97, Sandpoint, Idaho 83864 and Don of entry on the international boundary Lafferty (same as above)., Authority Lavoie Distributing, 1515 Northwest line between the United States and sought to operate as a common carrier, Boulevard, Coeur d’Alene, Idaho 83814. Canada on the Niagara River, on the one by water, over irregular routes, trans­ Send protests to: L. D. Boone, Interstate hand, and, on the other, the city of porting: Passengers, in charter opera­ Commerce Commission, 6049 Federal Buffalo and the Greater Buffalo Inter­ tions, (1) on the waters of the Columbia Office Building, Seattle, Wash. 98104. national Airport, Cheektowaga, N.Y., River and all ports and points in the over irregular routes, in express service. States of Oregon and Washington from No. MC-138398 (sub-No. 1 TA), filed Restrictions: (1) To service under con­ its-mouth at the Pacific Ocean upstream May 17, 1973. Applicant: CHARTER tract with Westinghouse Canada Ltd. to a point as far as navigable, approxi­ EXPRESS, INC., 1959 East Turner, P.O. from or to its plantsites in Hamilton, mately 20 miles upstream from Pasco, Box 3772, Springfield, Mo. 65804. Appli­ Orangeville, and Burlington, Ontario; Wash.; (2) on the waters of the Willa­ cant’s representative: Warren H. Snapp, (2) the transportation of shipments in mette River and all ports and points in suite 910, Fairfax Building, 11th and Bal­ vehicles having a gross weight not ex­ the State of Oregon from where it joins timore, Kansas City, Mo. 64105. Authority ceeding 6,000 pounds for 180 days. Sup­ the Columbia River upstream as far as sought to operate as a contract carrier, porting shipper: Westinghouse Canada Salem, Oreg.; (3) on the waters of the by motor vehicle, over irregular routes, Ltd., 286 Sanford Avenue North, Hamil­ Snake River and all ports and points in transporting: (1) Earthernware, (a) ton, Ontario, Canada-. Send protests to: the States of Washington and Idaho from from Dundee, Monmouth and Morton, George M. Parker, District Supervisor, where it joins the Columbia River up­ 111.; and Clarksburg, W. Va., to Hanni­ Interstate Commerce Commission, stream as far as' Lewiston, Idaho, for bal, Kansas City, Sedalia and Sweet Bureau of Operations, 612 Federal Build­ 180 days. Supporting shippers: Numer­ Springs, Mo.; and (b) from East Liver­ ing, 111 West Huron Street, Buffalo, N.Y. ous, may be examined at I.C.C. offices. pool and Wellsville, Ohio, and York, Pa.; 14202. Send protests to: District Supervisor to Hannibal, Mo. (2) Coil and Sheet No. MC-138722 (sub-No. 1 TA), filed W. J. Huetig, Bureau of Operations, Steel, (a) from Portage, Ind.; Warren Interstate Commerce Commission, 450 and Yorkville, Ohio; Bakerstown and May 18, 1973. Applicant: TRANSPORT Pittsburgh, Pa.; and Weirton, W. Va.; to SYSTEMS, INC., 3001 David Drive, Multnomah Building, 319 Southwest Hannibal, Kansas City>, Sedalia and Metairie, La. 70003. Authority sought to Pine Street, Portland, Oreg. 97204. operate as a contract carrier, by motor Sweet Springs, Mo.; and (b) from By the Commission. Youngstown, Ohio, to Hannibal, Mo., vehicle, over irregular routes, transport­ Under a continuing contract or contracts ing: Plywood, from New Orleans, La., [ s e a l ] J o s e p h M. H a r r in g t o n , with Rival Manufacturing Co. of Kansas docks and wharves, to the plantsite and Acting Secretary. City, Mo., for 180 days. Supporting warehouse facilities of Evans Products [FR Doc.73-11190 Filed 6-4-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 107— TUESDAY, JUNE 5, 1973 FEDERAL REGISTER 14805

CUMULATIVE LISTS OF PARTS AFFECTED— JUNE 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.

3 CFR Page 16 CFR Page 38 CFR Page P roclamation : 13 14748-14750 14370 4219______14739 18 CFR 39 CFR 5 CFR P roposed R u l e s : 601______14375 213______14367,14667 2 ______14763 531______14667 154______14763 40 CFR 157______14763 52______14375, 14752 7 CFR 250______14763 85______14682 910 ______14377 19 CFR 180______14375 911 ______14378 12______14677 P roposed R u l e s : 1816______14669 18______14370 51 ___ 14762 1890______14669, 14671 21______14370 52 ____ 14387 P roposed R u l e s : 172______14370 41 CFR 180______14691 21 CFR 14691 P roposed R u l e s : 210______2______14678 14691 8-6______14416 215______121______14751 14691 220______141a______14369 14691 45 CFR 225______146a______14369 636______14380 221______— 14375 273______14752 1061______14688-14690 9 CFR 278______14752 P roposed R u l e s : 82______14367 P roposed R u l e s : 233______14693 317 ______14368 191______14387 318 ______14368 24 CFR 47 CFR 319 ______14741 1914______14371, 14679, 14680 2______14685 12 CFR 73______14376 25 CFR 91______14685 201______14368 161-____ „ ______14680 226______14743 P roposed R u l e s : 531______14743 26 CFR 2______14762 1______14370 18______14762 14 CFR 28 CFR 21______14762 39______14369, 14671,14744 73 ______14762 71______14671,14672,14744 0______14688 74 ____ 14762 73______14744 29 CFR 89______14762 91______14672 1910______14371 91—______14762 95______14745 93______14762 32 CFR P roposed R u l e s : 812______14374 49 CFR 25______14757 33 CFR 71______14677 39______14759 99—______117______14378 ______14677 71______14694, 14670 571______127______14379 _____ 14753 121______14757 1033______14753-14755 135______14757 36 CFR 241______14387 P roposed R u l e s 221______14680 399______Ä 14695 85______14760 37 CFR 1207______14388 15 CFR 2______14681 1241______14415 302...... 14748 6______14681 50 €FR P roposed R u l e : roposed u l e s P R : 17______14678 9______14756 1______14692 28______14377

FEDERAL REGISTER PAGES AND DATES— JUNE

Pages Bate 14361-14659______June 1 14661-14732______;______4 14733-14805______5

FEDERAL REGISTER, V O L 38, NO. 107— TUESDAY, JUNE 5, 1973 No. 107------10 Ji

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of April 1, 1973)

Title 21—Food and Drugs (Parts 1-9)______$2.25

Title 25—Indians______3. 75

Title 26—Internal Revenue (Parts 500-599)______3. 50

[A Cumulative checklist of CFR issuances for 1978 appears in the first issue of the Federal Register each month under Title i ]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402