WEDNESDAY, AUGUST 8, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 152

Pages 21381-21479

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

EXECUTIVE ORDER— Amending Executive Order No. 11708, placing certain positions in levels IV and V of the Executive Schedule------21387

MEDICAID— HEW regulations on fire safety waivers for skilled nursing facilities— ------~------21413

X-RAYS— HEW notice of safety recommendations for > baggage inspection systems...... 21442 e W e STUDENT EMPLOYMENT— Labor Department list of ft establishments authorized to pay less than minimum 00 wage ______— ------21463

<0 OVER-THE-COUNTER MARKET— SEC requests comments N by 9 -2 9 -7 3 on trading in options...... 21459 fa)

*0 GUARANTEED FARMER LOANS— USDA proposed policies D) and procedures; comments by 8—31—73...... — — 21417 OQ SPECIAL NUCLEAR MATERIALS— AEC regulatory guide for 10 sealing containers------— 21444 fa) 00M AN TIBIOTIC DRUGS— FDA provides for certification of minocycline hydrochloride; effective 8—8—73— ------21397 ¿0 H NEW DRUGS— FDA adds certain sulfonamides to list of M <0 drugs permitted to remain on market pending effectiveness studies------— ------21441

NUCLEAR POWER PLANTS— AEC issues proposed stand­ ard format and content for safety analysis reports...... 21445

NEW ANIMAL DRUGS— FDA revokes provisions for use of Nithiazide in animal fe e d s______...______21398 FDA withdraws approval of Nithiazide applications ... 21442

MEETINGS— Interior Department: Colorado State Multiple Use Ad­ visory Board; 8—22, 8-23, 8-24—73------— ------21438 National Advisory Committee on Oceans and Atmos­ phere, 8 -2 0 and 8 -2 1 —73.------21455 Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal koUdays), by "the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.O. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.O., Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 OFR Ctu I). Distribution 18 made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 Contents

THE PRESIDENT Notices FEDERAL INSURANCE ADMINISTRATION Hearings, etc.: Rules and Regulations Executive Orders Century 2000, In c------21446 Areas eligible for sale of flood in­ Amending the Executive Sched­ Viking International Airfreight, surance; status of participating ule ------21387 Inc., et al------21446 communities______•______21402 EXECUTIVE AGENCIES COMMERCE DEPARTMENT FEDERAL MARITIME COMMISSION AGENCY FOR INTERNATIONAL See Domestic and International Notices DEVELOPMENT Business Administration. Aero Special Delivery Service, Inc.; order of revocation_____ 21447 Rules and Regulations CUSTOMS SERVICE Encinal Terminals and Cresent Advisory committee management; Rules and Regulations Wharf and Warehouse Co.; guidelines and controls----- .----- 21398 Trademarks, trade names, and agreement filed______21447 AGRICULTURAL MARKETING SERVICE copyrights; countries, party to Mohegan International Corpora­ Universal Copyright Conven­ tion of Louisiana; order of revo­ Rules and Regulations tion ______21396 cation ______— ------21447 Fresh pears, plums, and peaches Spain/U.S. North Atlantic West­ grown in C alifornia; expenses DEFENSE DEPARTMENT bound Freight Conference; and rate o f assessment------21389 See Engineers Corps. agreement filed;______21447 Nectarines grown in California; expenses and rate o f assess­ DOMESTIC AND INTERNATIONAL FEDERAL POWER COMMISSION BUSINESS ADMINISTRATION ment ______21389 Notices Notices Raisins produced from grapes Arkansas Power and Light Co.; grown in California; raisins ac­ Wagner College, et al.; applica­ order accepting and suspending quired under weight dockage tions for duty-free entry of proposed tariff sheets______— 21448 scientific article______21439 system------21390 Sales of natural gas; applications Tokay grapes grown in San Joa­ fo r certificates______21448 quin County, C alif.; expenses ENGINEERS CORPS and rate of assessment------... 21389 Rules and Regulations FEDERAL RESERVE SYSTEM Taylor Creek, Fla.; navigation Proposed Rules regulations . . . ------21404 Proposed Rules Procedures fo r determining net Bank holding companies; per­ weight of food products; notice ENVIRONMENTAL PROTECTION AGENCY mitted nonbanking activities— 21436 of intent to implement proposed Proposed Rules Notices procedures ______21416 Certain inert ingredients in pesti­ Acquisitions of banks: AGRICULTURE DEPARTMENT cide formulations; exemptions Fidelity American Bankshares, from requirement of tolerance; In c ______21452 See Agricultural Marketing Serv­ co r r e c tio n ______21435 Pannational Group, Inc. (2 doc­ ice; Farmers Home Administra­ uments) ______21452 tion; Forest Service. Notices Connecticut Bancfederation, Inc.; State of Michigan; request for formation of bank holding ALCOHOL, TOBACCO, AND FIREARMS State program approval for con­ BUREAU co m p a n y ___ - ______21450 trol of discharges of pollutants Deposit Guaranty Corp.; acquisi­ Notices to navigable waters.______21446 tion of loan and investment Firearms; granting of relief— — 21438 FARMERS HOME ADMINISTRATION company ______21450 Patagonia Corp.; acquisition of ARMY DEPARTMENT Proposed Rules insurance agency------21453 See Engineers Corps. Farmer loans; addition of part— 21417 Tennessee Valley Bancorp, Inc.; FEDERAL AVIATION ADMINISTRATION acquisition of Kimbrough- ATOMIC ENERGY COMMISSION Kavanaugh and Associates, In c . 21454 Notices Rules and Regulations General Electric C o.; receipt of Airworthiness directives ; Pitts FEDERAL TRADE COMMISSION standard safety report______21444 model S-2A series airplanes___ 21391 Rules and Regulations Regulatory guides; issuance and Control zone; alteration (3 docu­ Prohibited trade practices: availability______21444 ments) ______21392, 21393 Armco Steel Corporation; cor- Rochester Gas & Electric Corp.; Control zone and transition area; rection______._:------21396 hearing on conversion of provi­ alteration______21392 Kennecott Copper Corporation; sional operating license. _—_____ 21444 Transition area: correction ______21396 Safety analysis reports for nuclear Alteration (3 documents). 21393,21394 power plants; proposed stand­ Designation____ 21393 FISH AND WILDLIFE SERVICE ard form at and content______21445 Proposed Rules Rules and Regulations Texas Utilities Generating Co., et Control zone and transition area; Hunting: al.; receipt of applications for alteration ______21434 construction permits..,______’ 21445 Certain national wildlife refuges in Nevada—. . . . ------21414 FEDERAL HOME LOAN BANK BOARD CIVIL AERONAUTICS BOARD Certain national wildlife refuges Rules and Regulations in Oregon------21414 Rules and Regulations Members of banks; liquidity re­ Crab Orchard National Wild­ Reporting ! data pertaining to quirements _____ 21391 life Refuge, HI______21415 freight loss and damage claims J. Clark Salyer National Wild­ by certain air carriers and for­ Proposed Rules life refuge______21415 eign route air carriers; miscel­ Give-aways; additional time for laneous amendments______21394 comments on amendments____ 21435 (Continued on next page) 21383

FEDERAL REGISTER, V O L 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21384 CONTENTS

FOOD AND DRUG ADMINISTRATION INDIAN AFFAIRS BUREAU Notices Rules and Regulations Rules and Regulations Colorado State Multiple Use Ad­ Antibiotic drugs; exemption from Preparation of a roll of Alaska visory Board; meeting______21438 labeling and certification . re­ natives; notice of eligibility, NATIONAL ADVISORY COMMITTEE ON quirements; nithiazide; revoca­ appeals, deadline for amending OCEANS AND ATMOSPHERE tion ______21398 enrollment applications--____ 21403 Notices Minocycline hydrochloride, sterile minocycline hydrochloride; cer­ INTERIM COMPLIANCE PANEL (COAL Meeting ------21455 MINE HEALTH AND SAFETY) tification ______.______21397 NATIONAL AERONAUTICS AND SPACE Polychlorinated biphenyls Notices ADMINISTRATION (PCB’S) ; contamination of ani­ Opportunity for public hearing Notices mal feeds, foods, and food­ regarding applications for re- packaging materials; correc­ Mentoris Co.; intent to grant ex­ newal permit; clusive patent license______21455 tion ____ 21397 Westmoreland Coal Co______21455 Notices Youghiogheny and Ohio Coal SECURITIES AND EXCHANGE COMMISSION Advisory committees; establish­ C ò ------21455 ment ______21440 INTERIOR DEPARTMENT Notices Manufacturers and distributors; See Fish and Wildlife Service; Option trading by specialists, mar- prescription drugs for human Hearings and Appeals Office; In­ < ket makers, floor traders, and use affected by drug efficacy dian Affairs Bureau; Land block positioners; Commission study implementation______21441 Management Bureau. review and request for com­ Merck, Sharp & Dohme and ments ______21459 Schering Corp.; rescission of INTERSTATE COMMERCE Hearings, etc.: portions of order withdrawing COMMISSION approval of new drug applica­ Accurate Calculator Corp_____ 21456 tions y______-______21442 Rules and Regulations America’s Beautiful Cities_____ 21456 New York Dock Railway; car Avtek Corp______21456 ]yTerck, Sharp & Dohme Research Aztec Products, In c______21456 Labs.; withdrawal of approval service order______21414 Proposed Rules BBI, In c__ ;______21456 of new animal drug applica­ Beneficial Laboratories, Inc___21456 tions ______21442 Improvements to leased property; accounting procedures for ac­ Coditron Corp______21456 X-ray baggage inspection sys­ Federal Hydronics, Inc______21456 tems; radiation safety recom­ cumulated depreciation______21436 Requirements and procedures re­ Jersey Central Power & Light mendations to state radiation Co ______21457 control agencies______:____ 21442 lating to Railroad Rate Adjust­ ment Act of 1973; correction__ 21436 Kakaha Sugar Co. et al______21457 Middle South Utilities, Inc., FOREST SERVICE Notices and Mississippi Power1 and Light Co______21458 Rules and Regulations Assignment of hearings______21464 Class I Railroads; increased Ohio Edison Co______21458 Requirements in use of National Oppenheimer A.I.M. Fund____ 21459 Forest timber; correction- 21404 freight rates and charges, 1973, n a tio n w id e ______21465 Orecraft, Inc______21461 Cochran Terminal and Transpor­ Paragon Securities Co______21461 GENERAL SERVICES ADMINISTRATION tation Co.; filing of petition___ 21466 Players Group Companies, Inc_ 21461 Rules and Regulations Motor carriers: Royal Properties, Inc______21461 Labor standards for contracts in­ Alternate deviation notices___ 21467 Seggos Industries, Inc______21461 volving construction______21404 Applications and certain other Textured Products, Inc______21461 proceedings - ______21468 Triex International Corp______21461 Board transfer proceedings___ 21468 U.S. Financial Inc______21461 HEALTH, EDUCATION, AND WELFARE Utah Power & Light Co______21462 DEPARTMENT Filing of intrastate applications- 21466 Temporary authority applica­ SMALL BUSINESS ADMINISTRATION See Food and Drug Administra­ tions (2 documents) ___ 21470, 21474 tion; Social and Rehabilitation Notices Service; Social Security Admin­ JUSTICE DEPARTMENT Declaration of disaster areas: istration. Rules and Regulations Iowa ______-_____%____ 21462 M ich ig a n ___ .•______21462 Office of Watergate Special Prose­ HEARINGS AND APPEALS OFFICE O h io ______21463 cution Force; clarification of O k lah om a ______21463 Notices authority o f special prosecutor. 21404 T e x a s ______21463 Petition for modification of man­ Franklin Corp.; approval of appli­ datory safety standard; LABOR DEPARTMENT cation for transfer of control_21462 Shemco, Inc______21439 See Wage and Hour Division. Stevenson Coal Co______21439 SOCIAL AND REHABILITATION SERVICE LAND MANAGEMENT BUREAU Rules and Regulations HOUSING AND URBAN DEVELOPMENT Proposed Rules Services and payments in medical DEPARTMENT Geothermal resources; correction assistance programs; standards See Federal Insurance Adminis­ and extension of time for com­ for payment for skilled nursing tration. ment ______21416 home care_____ - ______21413

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 CONTENTS 21385

SOCIAL SECURITY ADMINISTRATION Rules and Regulations Notices Director, Office of Administrative Proposed Rules Organization and delegation of powers and duties; miscellane­ Programs et al.; delegation of Federal health insurance for the ous changes______- 21413 procurement authority______21438 aged: skilled nursing facilities— 21437 TREASURY DEPARTMENT WAGE AND HOUR DIVISION STATE DEPARTMENT See also Alcohol, Tobacco, and Notices See Agency for International De­ Firearms Bureau; Customs Certificates authorizing the em­ velopment. Service. ployment of full-time students working outside of school hours TRANSPORTATION DEPARTMENT at special minimum wages in re­ See Federal Aviation Administra­ tail or service establishments tion. 1., HHHB H H or in agriculture______21463

List of CFR Parts Affected______

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

3 CFR 19 CFR 36 CFR Executive O rders: 133— ______21396 221— ______— ____ — 21404 11708 (amended by 11736)------21387 40 CFR 20 CFR 11736™____ —______—------21387 P roposed R u l e s : P roposed R u l e s : 7 CFR 180______- 21435 405______21437 916 ___ 21389 41 CFR 917___ — ______—— 21389 21 CFR 1 -1 2 ______21404 926____ 21389 21397 1 -1 6 ______— ------21405 989______——__ „ „ i ™ ™ 21390 3______128______21397 1-18— ...... 21405 Proposed R u l e s : ^ 135—______21397 44™ ______21416 141— ______21397 43 CFR 1826______„ „ ____21417 144— ___ 21398 P roposed R u l e s : 12 CFR 3000______- ______21416 523.__ „ ____ 21391 22 CFR 3200______- _____21416 214______21398 Proposed R u l e s : 45 CFR 225______21436 24 CFR 249______— ______- ____ 21413 545______21435 1914_____ 21398 14 CFR 49 CFR 39______¿______21391 25 CFR 1______21413 71 (8 documents)______21392-21394 4 3 h „ ______21403 1033------—’------21414 239______I ™ .______— 21394 P roposed R u l e s : Proposed R u l e s : 28 CFR 1107______21436 71—______— 21434 0______21404 1201______- ______- ______21436 16 CFR 33 CFR 50 CFR 13 (2 documents)______21396 207----- 21404 32 (4 documents) 21414, 21415

FEDERAL REGISTER. V O L 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21386 REMINDERS

Rules Going Into Effect Today SOCIAL SECURITY ADMINISTRATION— APHIS— Definition and standard of iden­ This list Includes only rules that were pub­ Federal health insurance for the aged. tity for bockwurst.... 15628; 6-14-73 lished in the Federal R egister after Octo­ 18620; 7-12-73 — Preparation and labeling of lard. ber 1, 1972. NATIONAL OCEANIC AND ATMOS­ 15519; 6-13-73 page no. PHERIC ADMINISTRATION — Pro­ and date — Official inspection marks; designa­ posed regulation of commercial fish­ tion of responsible employees. FAA— Designation of Federal airways, eries...... U 19832; 7-24-73 area low routes, controlled airspace, 16076; 6-20-73 AUGUST 14 FAA— Carriage of Oxygen for medical and reporting points.. 18255; 7 -9 -7 3 COAST GUARD— Cooper River, S.C., use in the passenger compartment of drawbridge operation.,-...... 18563; aircraft...... 15853; 6-18-73 Next Week’s Hearing .... 7 -1 2 -7 3 — Designation of Federal airways, AUG UST 13 FRA— Railroad operating practices. area low routes, controlled airspace LABOR— Recommendation of minimum 14865; 6-6-73 and reporting points.....19131; wages, for certain Puerto Rican indus­ AUGUST 15 7-18-73 tries...... 9031; 4-9-73 FCC— New or revised classes of inter­ FCC— Microwave radio; establishment A UG UST 16 state and foreign message toll tele­ of policies and procedures for use of FRA— Track safety standards; maximum phone service (M TS) and wide area digital modulation techniques. operating speeds; to be held in Wash­ telephone service (W ATS)...... 8753; 15739; 6-15-73 ington, D.C...... 18905; 7-16-73 4 -6 -7 3 — First published at...... 12750; AMS— Dried prunes produced in Cali­ 5-15-73 Next Week’s Deadlines for Comments on fornia; salable and reserve percent­ NATIONAL TRANSPORTATION SAFETY Proposed Rules ages for 1973-74 crop year,. 20093; BOARD— Rules of practice in air AUGUST 13 7 -2 7 -7 3 safety enforcement proceedings. COMMODITY CREDIT CORPORATION— 19133; 7-18-73 AMS— Irish potatoes grown in Colorado; Grains and similarly handled com­ AUGUST 18 expenses and rate of assessment. modities; cooperative marketing asso­ OCCUPATIONAL SAFETY AND HEALTH 18672; 7-13-73 ciations, eligibility 1‘equirements for ADM INISTRATION— Inspection inter­ — Standards for protection against price supports for 1970 and subse­ vals for fire extinguishers with alumi­ radiation; personal monitoring re- quent crops______16785; 6-26-73 num shells...... 19225; 7-19-73 ports....t.... 17020; 6-29-73 EPA— Approval and promulgation of im­ APHIS— Standard requirements for vi­ plementation plans for Alaska, Ari­ ruses, serums, toxins, and analogous Weekly List of Public Laws zona, California, Illinois, Utah, and products...... 15450; 6-12-73 This is a listing of public bills enacted by Washington ...... 18938-19000; EDUCATION OFFICE— Basic educational Congress and approved by the President, together 7 -1 6 -7 3 with the law number, the date of approval, and opportunity grant program.... 18778; the U.S. Statutes citation. Subsequent lists will FAA— Bell model 47 series helicopters; 7 -1 3 -7 3 appear every Wednesday in the FEDERAL REG­ airworthiness directives...... 19048; ISTER, and copies of the laws may be obtained EPA— Nondiscrimination in programs from the U.S. Government Printing Office. 7 -1 7 -7 3 * receiving assistance from the Environ­ H.R. 2323...... Pub. Law 93-77 mental Protection— Effectuation of FEDERAL HOME LOAN BANK BOARD— Federal Savings and Loan System; Copper, duty suspension, extension section 13, the Federal Water Pollu­ (July 30, 1973; 87 Stat. 176) tion Control. Act, amendments of real estate loan percentage-of-assets limitations...... 19051; 7-17-73 H.R. 2324...... - ...... Pub. Law 93-78 1972...... 15457; 6-12-73 Metal scrap, duty suspension, extension FAA— Designation of Federal airways, — Federal Savings and Loan Insur­ ance Corporation; normal lending (July 30, 1973; 87 Stat. 177) area low routes, controlled airspace, H.R. 6394...... Pub. Law 93-79 and reporting points.. 18685-18686; territory...... 19052; 7-17-73 FISCAL SERVICE— Surety companies do­ Caprolactam monomer, duty suspension, 7 -1 3 -7 3 ing business with the United States. extension (July 30, 1973; 87 Stat. 177) NATIONAL HIGHWAY TRAFFIC SAFETY H.R. 6717...... Pub. Law 93-81 ADMINISTRATION—^Flammability of 18897; 7-16-73 IRS— Time for performance of acts Federal recreation areas, use fees interior materials ... 18564; 7 -1 2 -7 3 (Aug. 1, 1973; 87 Stat. 178) NOAA— Coastal zone management pro­ where last day falls on a legal holiday. 18897; 7-16-73 H.R. 9172...... Pub. Law 93-80 gram development grants...... 15584; Tobacco acreage allotments or quotas 6 - 13-73 NHTSA— Advance notice of proposed standard on rollover resistance. (Aug. 1, 1973; 87 Stat. 178) NPS— Zoning standards for St. Croix S. 59.....:...... Pub. Law 93-82 National Scenic Riverway, Minnesota 9598; 4-18-73 A U G U S T 16 Veterans Health Care Expansion Act of and Wisconsin...... 15515; 6-13—73 1973 (Aug. 2, 1973; 87 Stat. 179) OFFICE OF EDUCATION— Inclusion of FCC— Special industrial radio service; S. 1413...... Pub. Law 93-76 industrial arts in the definition of vo­ allocation of frequency...... 15468; cational education and volunteer fire­ 6 -1 2 -7 3 Committee for Purchase of Products and men in programs designed to prepare FAA— Alteration and designation of tran­ Services of the Blind and Other Severely people for employment...... 18557; sition areas and control zones (4 doc­ Handicapped, appropriation increase 7 - 12-73 uments)...... 16030; 6-20-73 (July 30, 1973; 87 Stat. 176) FRA— Track safety standards; maximum PUBLIC HEALTH SERVICE— Student The President vetoed S. 504, Emergency loans for health profession.... 18557; operating speeds.... 18905; 7 -1 6 -7 3 Medical Services Systems Act of 1973. 7 -1 2 -7 3 AUG UST 17 SOCIAL AND REHABILITATION SERV­ AMS— Nonquota Maryland Broadleaf Message dated Aug 1, 1973; Weekly Com­ ICE— Medical assistance program. Tobacco, U.S. Type 32; identification pilation of Presidential Documents, Vol. 9, 18616^7—12—73 and certification___ 19127; 7-18-73 No. 31.

FEDERAL REGISTER, V O L 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 Presidential Documents

Title 3—The President

EXECUTIVE ORDER 11736

Amending Executive Order No. 11708, Placing Certain Positions in Levels IV and V of the Executive Schedule

By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended, Executive Order No. 11708, dated March 23, 1973, as amended, is further amended as follows: 1. -Section 1 of that order, placing certain positions in level IV of the Executive Schedule, is amended— (a) by deleting “ (2) Administrator, National Institutes of Health, Department of Health, Education, and Welfare” and inserting in lieu th ereof “ (2) Director, National-Institutes of Health, Department of Health, Education, and Welfare” ; (b) by deleting “ (4) Special Assistant to the Secretary (Congres­ sional Relations), Treasury Department” and inserting in lieu thereof “ (4) Assistant to the Secretary for Legislative Affairs, Treasury Department” ; (c) by deleting “ (14) Assistant to the Secretary for Policy Develop­ ment, Department of Commerce” and inserting in lieu thereof “ (14) Deputy Under Secretary, Department of Transportation” ; and (d ) by adding at the end thereof: “ (16) Special Prosecutor, Department of Justice. “ (17) Associate Attorney General, Department of Justice. “ (18) Commissioner General of the International Exposition on the Environment, Department of Commerce.” 2. Section 2 of that order, placing certain positions in level V of the Executive Schedule, is amended by Adding at the end thereof “ (8) Associate Administrator for Federal Management Policy, General Serv­ ices Administration.”

T h e W h it e H o u se , August 6j 1973. [FR Doc.73-16498 Filed 8-7-73 ;10:00 am]

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973

21389 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 7— Agriculture dled during the aforesaid period; and (3) the fiscal period M arch 1, 1973, through such period began on March 1, 1973, and February 28, 1974, will amount to CHAPTER IX— AGRICULTURAL MARKET­ said rate of assessment will automatically $688,811. ING SERVICE (MARKETING AGREE­ (b) Rate of assessment. The rates of MENTS AND ORDERS; FRUITS, VEGE­ apply to all such nectarines beginning with such date. assessment for such fiscal period payable TABLES, NUTS), DEPARTMENT OF by each handler in accordance with AGRICULTURE Terms used in the amended market­ ing agreement and order shall, when § 917.37 are fixed at: PART 916— NECTARINES GROWN IN used herein, have the same meaning as (1) One cent ($0.01) per standard- CALIFORNIA is given to the respective term in said western pear box of pears, or its equiva­ Expenses and Rate of Assessment amended marketing -agreement and lent in other containers or in bulk; (2) Seven cents ($0.07) per standard This document authorizes expenses of order, and “No. 22D standard lug box” shall have the same meaning as set forth four-basket crate of plums, or its equiv­ $402,405 of Nectarine Administrative alent in other containers or in bulk; Committee, under Marketing Order No. in section 43601 o f the Agricultural Code of California. (3) Three and seventy five hundredths 916, for the 1973-74 fiscal period and cents ($0.0375) per Los Angeles lug of fixes a rate o f assessment o f $0.05 per lug (Secs. 1-19, 48 Stat. 31, as am ended; 7 UJS.C. 601-674.) peaches, or its equivalent in other con­ of nectarines handled in such period to tainers or in bulk. be paid to the committee by each first Dated: August 3,1973. handler as his pro rata share o f expenses. Terms used in the amended marketing On June 21, 1972 notice o f proposed C h arles R . B rader, agreement and this part shall, when rulemaking was published in the F ederal Acting Deputy Director, Fruit used herein, have the same meaning as Register (37 FR 12242) regarding pro­ and Vegetable Division, Agri­ is given to the respective term in said posed expenses and the proposed rate of cultural Marketing Service. amended marketing agreement and this assessment for the period M arch 1, 1972, [FR Doc.73-16404 Filed 8-7-73;8:45 am] part. through February 28, 1973r pursuant to It is hereby further found that good the marketing agreement, as amended, cause exists for not postponing the ef­ and Order No. 916, as amended (7 CFR PART 917— FRESH PEARS, PLUMS, AND fective date hereof until 30 days after Part 916) regulating the handling o f nec­ PEACHES GROWN IN CAUFORNIA publication in the F ederal R eg ister (5 tarines grown in California, effective un­ Expenses and Rate of Assessment U.S.C. 553) in that (1) shipments of the current crop of pears, plums, and der the Agricultural Marketing Agree­ This document authorizes expenses of ment Act of 1937, as amended (7 U.S.C. peaches are currently underway; (2) the $688,811 o f the Control Committee, under relevant provisions of said amended 601-674). After consideration of all rel­ Marketing Order No. 917, for the 1973-74 evant matters presented, including the marketing agreement and this part re­ fiscal period. It also fixes the rates of quire that the rates of assessment fixed proposals set forth in such notice which assessment under subject program as fo l­ were submitted by the Nectarine Admin­ for a particular season be applicable to lows: $.01 per box of pears; $.07 per crate all fresh pears, plums, and peaches from istrative Committee (established pur­ of plums; and $0.0375 per lug of peaches. suant to said marketing agreement and the beginning of such fiscal period; and Such assessments are to be paid to the (3) the fiscal period began March 1, order), it is hereby found and deter­ committee by each handler as his pro mined that: 1973, and the rates of assessment herein rata share of expenses. fixed will automatically apply to all 1. Section 916.212 is added to read as On June 26,1973, notice of rulemaking follows: pears, plums, and peaches beginning with was published in the F ederal R eg ister such date. § 916.212 Expenses and rate of assess­ (38 FR 16781) regarding proposed ex­ m ent. penses and the related rates of assess­ (Secs. 1-19, 48 Stat. 31, ae am ended; 7 U.S.C. 601-674.) (a) Expenses. Expenses that are rea­ ment for the fiscal period beginning sonable and likely to be incurred by the M arch 1, 1973, and ending February 28, Dated: August 3,1973. 1974, pursuant to the marketing agree­ Nectarine Administrative Committee C h arles R . B rader, during the period M arch 1,1973, through ment, as amended, and Order No. 917, as Acting Deputy Director, Fruit February 28, 1974, will amount to amended (7 CFR Part 917), regulating and Vegetable Division, Agri­ $402,405. the handling of fresh pears, plums, and cultural Marketing Service. peaches grown in California. This regu­ (b) Rate of assessment. The rate of as­ [FR Doc.73-16402 Filed 8-7-73;8:45 am] sessment for said period, payable by each latory program is effective under the Ag­ handler in accordance with § 916.41, is ricultural Marketing Agreement Act of fixed at $0.05 per No. 22D standard lug 1937, as amended (7 U.S.C. 601-674). PART 926— TOKAY GRAPES GROWN IN box of nectarines, or equivalent quantity After consideration of all relevant mat­ SAN JOAQUIN COUNTY, CALIFORNIA of nectarines in other containers or in ters presented, including the proposals bulk. set forth in such notice which were sub­ Expenses and Rate of Assessment It is hereby further found that good mitted by the Control Committee (estab­ This document authorizes expenses of cause exists for not postponing the effec­ lished pursuant to said marketing agree­ $55,215 o f the Industry Committee, un­ tive date hereof until 30 days after pub­ ment and order), it is hereby found and der Marketing Order No. 926, for the lication in the F ederal R eg ister (5 U.S.C. determined that: 1973-74 season and fixes the rate of as­ 553) in that (1) shipments of the cur­ 1. Section 917.211 is added to read assessment at $0.055 per standard package rent crop of nectarines grown in Cali­ follow s: or equivalent quantity of Tokay grapes, fornia are now being made; (2) the rele­ handled during such period, to be paid vant provisions o f said marketing agree­ § 917.211 Expenses and rale of assess­ to the committee by each first handler as ment and this part require that the rate m en t. . his pro rata share of such expenses. of assessment herein fixed shall be ap­ (a ) Expenses. Expenses that are rea­ On July 17, 1973, notice o f proposed plicable to all assessable nectarines han­ sonable and likely to be incurred during rule making was published in the F ed-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 1 5 2 -— 2 21390 RULES AND REGULATIONS

eral R egister (38 PR 19047) regarding PART 989— RAISINS PRODUCED FROM Sulfur Bleached, and Soda Dipped rai­ proposed expenses and the related rate GRAPES GROWN IN CALIFORNIA sins) . The proposed dockage system will of assessment for the period April 1,1973, be applicable only to raisins of the nat­ through March 31, 1974, pursuant to the Raisins Acquired Under Weight Dockage System ural Thompson Seedless varietal type. marketing agreement, as amended, and The creditable weight o f a lot o f raisins Order No. 926, as amended (7 CFR Part Notice was published in the July 19, containing immature raisins in excess of 1973, issue o f the F ederal R egister (38 926) , regulating the handling of Tokay the permitted levels means that portion grapes grown in San Joaquin County, F R 19224), regarding a proposal to estab­ of the lot which would meet the appli­ California, effective under the applicable lish additional rules and regulations ap­ cable minimum grade and condition provisions of the Agricultural Marketing plicable to natural Thompson Seedless standards when the excess quantity of Agreement A ct o f 1937, as amended (7 raisins acquired by handlers under a immature raisins have been removed U.S.C. 601-674). After consideration of weight dockage system. Such additional from the lot. The creditable weight is all relevant matters presented, including rules and regulations would be estab­ determined by multiplying the net weight the proposals set forth in such notice lished pursuant to the marketing agree­ of the lot of raisins by a dockage factor. which were submitted by the Industry ment, as amended, and Order No. 989, The dockage factor reflects the quantity Committee (established pursuant to said as amended (7 CFR Part 989), herein­ o f raisins in the total lot which be within after referred to collectively as the amended marketing agreement and or­ the permitted level for substandard der) it is hereby found and determined “ order” . The order regulates the handling th at: raisins. The Committee concluded that of raisins produced from grapes grown the creditable weight of such lot of rai­ 1. Section 926.213 is added to read asin California and is effective under the sins acquired under a weight dockage follow s: Agricultural Marketing Agreement Act system is an appropriate basis for appli­ o f 1937, as amended (7 U.S.C. 601-674). cation of program requirements regard­ § 926.213 Expenses and rate of assess­ The proposal was unanimously recom­ m en t. ing free and reserve percentages, reserve mended by the Raisin Administrative tonnage set aside, assessments and serv­ (a ) Expenses. Expenses that are rea­ Committe (hereinafter referred to as the ice payments. sonable and likely to be incurred by the “Committee”) pursuant to § 989.58(a) Paragraph A3 o f § 989.201 regarding Industry Committee during the period of the order. This section provides that moisture requirements for Thompson April 1, 1973, through March 31, 1974, a handler may acquire natural condition Seedless raisins contains a reference to will amount to $55,215. raisins which exceed a tolerance estab­ § 989.202. An action published in the lished for maturity under a weight dock­ (b ) Rate of assessment. The rate of F ederal R egister (38 FR 13476) on age system established pursuant to rules May 22,1973, deleted § 989.202. This dele­ assessment for said period, payable by and regulations recommended by the tion obviates the need for paragraph A3 each handler in accordance with § 926.46, Committee and approved by the Secre­ tary. The proposal would establish: The o f § 989.201, because such moisture re­ is fixed at five and one-half cents quirements are also contained in para­ ($0,055) per standard package or equiv­ basis upon which free and reserve per­ centages would be applicable to acquisi­ graph A3 of § 989.97 Exhibit B . Hence, in alent quantity of grapes. tion by handlers of lots of natural addition to removing provisions regard­ (c) Terms. Terms used in the Thompson Seedless raisins under a ing the weight dockage system, it was amended marketing agreement and this proposed that paragraph A3 also be de­ weight dockage system; the extent to leted from the revised § 989.201. part shall, when used herein, have the which such lots may be set aside as re­ serve raisins; the basis for levying pro­ After consideration of all relevent mat­ same meaning as is given to the respec­ ter presented, including that in the tive term in said amended marketing gram assessments on such lots acquired notice, the information and recomenda- agreement and this part. as free tonnage by handler; and the basis tion of the Committee, and other avail­ It is hereby further found that good upon which payments would be made able information, the amendment of Sub­ cause exists for not postponing the effec­ by the Committee to handlers for services part—Supplementary Orders Regulating tive date hereof until 30 days after pub­ performed on such lots held as reserve Handling (7 CFR 989.201— 989.229 ; 38 raisins. FR 13476, 20236) as hereinafter set forht lication in the F ederal R egister (5 is approved. The notice afforded interested persons U.S.C. 553) in that (1) assessable ship­ Therefore, said subpart is amended as ments of Tokay grapes will begin on or an opportunity to submit written data, follow s: about August 11, 1973; (2) the relevant views, or arguments on the proposal. 1. Section 989.201 is revised to read as provisions of said marketing agreement None were received. follow s: At present, § 989.201 (7 CFR 989.201- and this part require that the rate of § 989.201 Changes in minimum grade assessment fixed for a particular season 989.229; 37 FR 17723) contains,' among and condition standards for natural shall be applicable to all assessable To­ other things, a weight dockage system condition raisins. kay grapes from the beginning of the (including a dockage table) and identi­ Pursuant to § 989.58(b), the following season; and (3) the season began on fication requirements relative to raisins changes are hereby issued relative to April 1, 1973, and the rate o f assessment acquired pursuant to a weight dockage paragraph A2 of § 989.97 Exhibit B; herein fixed will automatically apply to system. It was proposed that these re­ Minimum grade and condition standards all assessable grapes beginning with such quirements be deleted from § 989.201 and for natural condition raisins: date. included, with minor changes, in a new A. Thompson Seedless raisins. * * * * * (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. §. 989.210 so that all rules and regulations 601-674.) regarding acquisition of raisins under a 2. a. Shall have a normal characteristic color, flavor, and odor of properly prepared weight dockage system would be con­ Dated: August 3,1973. raisins: tained in one section. b. Shall contain not more than 8 percent, C harles R . B rader, The weight dockage system currently by weight, of substandard raisins (raisins Acting Deputy Director, Fruit that show development less than that char­ contained in §989.201 is applicable to acteristic of raisins prepared from fairly and Vegetable Division, Agri­ “natural condition Thompson Seedless cultural Marketing Service. well-matured grapes). raisins” (i.e., the varietal types of natural 2. A new § 989.210 is added, reading as [PR Doc.73-16401 Piled 8-7-73;8:45 am] Thompson Seedless, Golden Seedless, follow s:

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21391

§ 989*210 Handling of natural Thomp­ an amount not less than 5% percent of % Substandard Dockage son Seedless ráisiné acquired pur­ Factor the average daily balance of the mem­ suant to a weight dockage system. ber’s liquidity base during the preceding No dockage calendar month, except as otherwise pro­ ta) General. Subject to prior agree­ —------.995R.1-8JS vided in paragraphs (b) and (d) of this .990 section. For each calendar month, each ment between handler and tendered, a 9 1_Q fi .985 handler may acquire as standard raisins p fi—in o .980 member, other than a mutual savings any lot of natural Thompson Seedless 1Ò.1-1Ò.5.. ~ ______. ¡975 bank or an insurance company, shall 10.6-11.0...... — .970 maintain an average daily balance of raisins containing more than 8 percent, 11.1-11.5...... 965 11.6-12.0...... 960 short-term liquid assets in an amount by weight, of substandard raisins under i 2 .i - m ...... — .955 not less than lV-z percent of the average 12.6-13.0______—- ______— .950 a weight dockage system. The creditable 13.1-13.5~ ■' ...... 945 daily balance of the member’s liquidity weight of such lot acquired shall be that 13(1-14 0 . ____ .940 base during the preceding calendar 14.1-14.tf , , ...... 935 obtained by multiplying the net weight i4.fi-ifi.n ______. ----- .930 month, except as otherwise provided in of the raisins in the lot by the applicable 15.1-16.6______. .925 paragraphs (b) and (d) of this section. 15.6-16.0~ ______-___ .920 * * * * * dockage factor from the dockage table 16.1-16.5 ___ .915 16.6-17.0...... — .910 prescribed in paragraph (g) o f this sec­ 17.1-17.5______-— .905 Since affording notice and public pro­ 17.6-18.0...... — .900 cedure on the above amendment would tion. 18.1-18.5______' .895 delay it from becoming effective for a (b) Free and reserve tonnage percent­ 18.6-19.0 ______.890 19.1-19.6...... : ...... 885 period of time and since the Board de­ ages. Whenever free and reserve percent­ 19.6-20.0 ______.880 termines that in view of current eco­ 20.l-20.fi ______.875 ages are designated for natural Thomp­ 20.6-21.0______... ______.870 nomic conditions such amendment son Seedless raisins for a crop year, such 21.1-21.5 ______.865 should become effective so that both the 21.6-22.0...... - .860 percentages shall be applicable to the- reduced overally liquidity requirement of 5 Vs percent and the reduced short-term creditable weight of any lot of such Note: Percentages In excess of 22 percent liquidity requirement of xfa percent shall raisins acquired by a handler pursuant «Tin.il be expressed in the same Increments as the foregoing, and the dockage factor for apply beginning with the month of Au­ to a weight dockage system. each such increment shall be .005 less than gust, 1973, the Board hereby finds that (c) Reserve tonnage. A handler may the dockage factor for the preceding incre­ notice and public procedure thereon are hold as reserve tonnage raisins any lot, m ent. contrary to the public interest under the or portion thereof, of natural Thompson (Secs. 1-19, 48 Stat. 81, as amended; 7 U.S.O. provisions of 12 CFR 508.11 and 5 U.S.C. Seedless raisins acquired pursuant to a 601-674) 553(b); and, for the same reason, the Board hereby finds that the provision weight dockage system: Provided, That Dated August 3, 1973, to become effec­ regarding the publication of such amend­ only the creditable weight of such lot, or tive September 13,1973. ment for the minimum 30-day period portion thereof, may be applied by the C harles R . B rader, specified in 12 CFR 508.14 and 5 U.S.C. Committee against the handler’s reserve Acting Deputy Director, Fruit 553(d) prior to the effective date thereof tonnage obligation. and Vegetable Division, Agri­ shall not apply to the above amendment; (d) Assessments: Assessments on any cultural Marketing Service. and the Board hereby provides that [FR Doc.73-16403 Hied 8-7-73;8:45 am] such amendment shall become effective lot of natural Thompson Seedless raisins as hereinbefore set forth. acquired by a handler pursuant to a (Sec. 5A, 47 Stat. 727, as added by sec. 1, 64 weight dockage system shall be applica­ Title 12— Banks and Banking Stat. 256, as amended, sec. 17, 47 Stat. 736, ble to the free tonnage portion o f the CHAPTER V— FEDERAL HOME LOAN BANK as amended; 12 TJ.S.O. 1425a, 1437. Reorg. creditable weight of such lot. BOARD Plan No. 3 of 1947, 12 F.R. 4981, 3 CFR 1943- 48, Comp., p. 1071) (e) Payments for services on reserve SUBCHAPTER B— FEDERAL HOME LOAN BANK tonnage. Payment to a handler for serv­ SYSTEM By the Federal Home Loan Bank ices performed by him with respect to [NO. 73-1071] Board. reserve tonnage natural Thompson Seed­ PART 523— MEMBERS OF BANKS [ seal] H en r y A. Carrington, less raisins acquired pursuant to a weight Liquidity Requirements Secretary. dockage system shall be made on the A ugust 1,1973. [FRDoc. 73-16399 Filed 8-7-73;8:45 am] basis of the creditable weight of such lot The Federal Home Loan Bank Board and at the applicable rate specified for considers it desirable to amend § 523.11 Title 14—- Aeronautics and Space such services in § 989.401 o f Subpart— of the Regulations for the Federal Home CHAPTER I— FEDERAL AVIATION ADMIN­ Schedule of Payments. Loan Bank System (12 CFR 523.11) for ISTRATION, DEPARTMENT OF TRANS­ PORTATION (f ) Identification. Any lot of natural the purposes of reducing the overall liquidity requirement of each Federal [Docket No. 73-SO-53; Arndt. 39-1699] Thompson Seedless raisins acquired by Home Loan Bank member from 6V2 per­ a handler pursuant to a weight dockage cent of its liquidity base and of reducing PART 39— AIRWORTHINESS DIRECTIVES system shall be so identified by the in­ each member’s short-term liquidity re­ Pitts Model S -2 A Series Airplanes spection service by affixing to one con­ quirement from 2 y% percent to 1% per­ There have been cracks of the alter­ tainer on each pallet, or to each bin, in cent of such base. Accordingly, the Fed­ nate air box flapper doors on the Pitts such lot, a prenumbered PAC control eral Home Loan Bank Board hereby S-2A airplanes that could result in sub­ amends said § 523.11 by revising para­ card (to be furnished by the Committee) stantial power loss. Since this condition graph (a) thereof, to read as follows, is likely to exist or develop in other air­ which shall remain affixed to the con­ effective August 8; 1973: tainer or bin until the raisins are proc- planes of the same type design, an air­ § 523.11 Liquidity requirements. worthiness directive is being issued to re­ esed or disposed of as natural condition (a ) General. For each calendar month, quire the installation of a stiffener on the raisins. The control card shall only be alternate air box flapper door on S-2A removed by, or under the supervision of, each member, other than a mutual sav­ ings bank as to which there is in effect airplanes. an inspector of the inspection service or the election provided for in paragraph Since a situation exists that requires authorized Committee personnel. (e) of this section, shall maintain an immediate adoption of this regulation, it (g) Dockage table. average daily balance of liquid assets in is found that notice and public procedure

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21392 RULES AND REGULATIONS

hereon are impracticable and good cause the proposed regulations have been 76“4 5 '3 7 " W., o f T ipton AAF, Fort Meade, exists for making this amendment effec­ received. Md., and within 3 miles each side of the 091“ tive in less than 30 days. bearing from the Fort Meade, Md. RBN In view of the foregoing, the proposed 39“05'04" N., 76*45'37" W., extending from In consideration of the foregoing, and regulations are hereby adopted, effec­ the 6.5-mile radius area to 8.6 miles east of pursuant to the authority delegated to tive 0901 G.m.t. October 11, 1973. the RBN, me by the Administrator 31 PR 13697, (Sec. 307(a) of the Federal Aviation Act of [FR Doc.73-16322 Filed 8-7-73;8:45 am] § 39.13 o f Part 39 o f the Federal Aviation 1958; 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c); Regulations is amended by adding the Department of Transportation Act, 49 U.S.C. following new airworthiness directive: 1 6 5 5 (c)). [Airspace Docket No. 73-EA-69] Pitts: Applies to S-2A airplanes; Serial Num­ Issued in Jamaica, N.Y., on July 24, PART 71— DESIGNATION OF FEDERAL bers 2001 through 2059 certificated in all 1973. categories. AIRWAYS, AREA LOW ROUTES, CON­ L. J. C ardinali, TROLLED AIRSPACE, AND REPORTING Compliance required as indicated. Acting Director, Eastern Region. POINTS To prevent the possibility of a power loss due to the failure of the induction air box 1. Amend § 71.171 o f part 71 Qf the Alteration of Control Zone flapper door, accomplish the foUowing: Federal Aviation Regulations by deleting The Federal Aviation Administration (a) Within the next 50 hours time in serv­ the description of the Baltimore, Md., ice after the effective date of this airworthi­ is amending § 71.171 o f Part 71 of the control zone and by substituting the fol­ Federal Aviation Regulations so as to ness directive, unless already accomplished, lowing in lieu thereof: install stiffener, Pitts Part Number 2-7112-16, alter the Jamestown, N.Y., Control Zone to the induction air box flapper door assem­ Within a 5-mile radius of the center 39910' (38 FR 389). bly, Pitts Part Number 2-7112-7, in accord­ 26" N., 76“40'12" W., of Friendship Inter­ Changes in the hours of weather ob­ ance with Pitts Service Letter No. 2. Access national Airport, Baltimore, Md.; within a servation and reporting services required to the induction air box flapper door assem­ 5.5- mile radius of the center of the airport, to supports the control zone designation bly may be gained by removing the lower en­ extending clockwise from a 200° bearing to gine cow l. a 304* bearing from the airport; within a 6- require a revision of the times of control (b) Until the modification specified in par­ mile radius of the center of the airport, ex­ zone designation. agraph (a) above has been accomplished, tending clockwise from a 304° bearing to a Since the amendment is less restric­ visually check the induction air box flapper 125“ bearing from the airport; within 3.5 tive in nature, notice and public proce­ assembly, Pitts Part Number 2-7112-7, for miles each side of the Friendship Inter­ dure hereon are unnecessary and the cracks in the welded areas upon the accumu­ national Airport ILS. localizer west course, amendment may be made effective in less lation of 50 hours time in service or within 5 extending from the 5-mile radius to 9 miles than 30 days. hours time in service, whichever is later, west of the localizer; within 3.5 miles each and thereafter at intervals not to exceed 5' side of the centerline of Friendship Inter­ In view of the foregoing, Part 71 of the horns time in service from the last check. The national Airport runway 10, extended to 8.5 Federal Aviation Regulations is amended, checks required by this AD may be performed miles east of the end of the runway; within effective August 8, 1973, as follow s: by the pilot. 2 miles each side of the Friendship Interna­ 1. Amend § 71.171 o f Part 71 of the If the flapper door in the area of the weld tional Airport ILS localizer southeast course, Federal Aviation Regulations so as to is found to be cracked, removed the flapper extending, from the localizer to 4.5 miles amend the description of the Jamestown, door assembly from the alternate air box, southeast of the localizer; within 2 miles and add stiffener, Pitts Part Number 2-7112— each side of the Baltimore VORTAC 314° N.Y. control zone by deleting the last 16 in accordance with Pitts Service Letter No. radial, extending from the VORTAC to 10.5 sentence and by substituting the follow­ 2, before further flight. miles northwest of the VORTAC. ing in lieu thereof: (c) The installation of the stiffener, Pitts 2. Amend § 71.181 o f part 71 of the This control zone Is effective 0900 to 2000 Part Number 2-7112—16, in accordance with hours Sunday through Friday, Saturdays 1000 Pitts Service Letter No. 2, will eliminate the Federal Aviation Regulations by deleting to 2000 hours, local time. necessity for the repetitive inspections re­ the description of the Baltimore, Md., quired In paragraph (b). transition area and by substituting the (Sec. 307(a) of the Federal Aviation Act of Pitts Service Letter No. 2, dated June 26, following in lieu thereof: 1958, 72 Stat. 749; 49 US.O. 1348; sec. 6(c) 1973, pertains to this subject. of the Department of Transportation Act, 49 That airspace extending upward from 700 U.S.C. 1655(c)), This amendment becomes effective ft above the surface within a 9-mile radius August 13,1973. of the center, 39“10'26" N., 76*40'12" W., Issued in Jamaica, N.Y., on July 24, 1973. (Secs. 313(a), 601, and 603 of the Federal Avi­ of Friendship International Airport, Balti­ ation Act of 1958; 49 U.S.C. 1354(a), 1421, more, Md.; within a 15-mile radius arc of L. J. C ardinali, and 1423 sec. 6 (c); Department of Transpor­ the Baltimore VORTAC extending clockwise Acting Director, Eastern Region. from the Baltimore VORTAC 230“ radial to tation Act; 49 U.S.C. 1655(c)). the.342° radial; within 3.5 miles each side [FR Doc.73-16318 Filed 8-7-73;8:45 am] Issued in East Point Ga. on July 26, of the centerline of Friendship Inter­ 1973. national Airport runway 10, extended to 8.5 miles each of the end of the runway; [Airspace Docket No. 73-GL-33] , D uane W . F reer, within 4.5 miles north and 6.5 miles south PART 71— DESIGNATION OF FEDERAL Acting Director, Southern Region. of the Friendship International Airport i l s AIRWAYS, AREA LOW ROUTES, CON­ [FR Doc.73-16313 Filed 8-7-73;8:45 am] localizer west course, extending from thé OM to 11.5 miles west of the OM; within an TROLLED AIRSPACE, AND REPORTING 8.5- mile radius of the center 39“19'45" N., POINTS [Airspace Docket No. 73-EA-41] 76°25'00" W., of Martin Marietta Airport, Alteration of Control Zone Baltimore, Md., within an 18-mile radius of PART 71— DESIGNATION OF FEDERAL the center of Martin Marietta Airport, ex­ The purpose of this amendment to AIRWAYS, AREA LOW ROUTES, CON­ tending clockwise from a 241“ bearing to a Part 71 of the Federal Aviation Regula­ TROLLED AIRSPACE, AND REPORTING 335“ bearing from the airport; within a 12.5- tions is to amend the Lafayette, Indiana, POINTS mile radius of the center of Martin Marietta control zone. Airport, extending clockwise from a 335° Alteration of Control Zone and Transition bearing to a 013“ bearing from the airport; The Lafayette, Indiana FSS will be de­ Area within an 11-mile radius of the center of commissioned on September 1, 1973. A Martin Marietta Airport, extending clock­ new part-time control tower will be com­ On page 15524 o f the F ederal R egister wise from a 013“ bearing to a 027“ bearing missioned in August 1973. The communi­ for June 13, 1973, the Federal Aviation from the airport; within a 9-mile radius of cation and weather reporting service re­ Administration published proposed reg­ the center of Martin Marietta Airport, ex­ quired for the Lafayette control zone will ulations which would alter the Baltimore, tending clockwise from a 027° bearing to a be transferred from the FSS to the tower. Md., Control Zone (38 FR 356) and 053“ bearing from the airport; within 3.5 As the tower will not operate continu­ Transition Area <38 FR 444). miles each side of the 132“ bearing from the Martin RBN 39°18'15" N., 76“22'45" W., ex­ ously, the control zone will have to be Interested persons were given 30 days tending from the 8.5-mile radius area to 11.5 changed to conform to the tower hours after publication in which to submit miles southeast of the RBN; within a 6.5- of operation. As the control zone will be written data or views. No objections to mile radius of the center 39“05'04" N., less restrictive than at present, notice

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21393 and public procedure hereon are unnec­ Issued in Jamaica, N.Y., on July 26. Interested persons were given until essary. 1973. Jiffy 6,1973 to submit written comments, In consideration of the foregoing, Part L. J. C ardinali, suggestions or objections regarding the 7i of the Federal Aviation Regulations is Acting Director, Eastern Region. proposed amendment. amended effective on publication in the [FR Doc.73-16321 Filed 8-7-73;8:45 am] No objections have been received and Federal R egister, as hereinafter set the proposed amendment is hereby forth: [Airspace D ocket No. 73—CK-6] adopted without change and is set forth In § 71.171 (38 FR 351), the following below. control zone is amended to read: PART 71— DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CON­ This amendment shall be effective Oc­ Lafayette, I nd. TROLLED AIRSPACE, AND REPORTING tober 11, 1973. W ithin a 5 mile radius of Purdue Univer­ POINTS sity Airport (latitude 40°24'45"N., longitude (Sec. 307(a) of the Federal Aviation Act of 86°56'06"W.). This control zone will be effec­ Designation of Transition Area 1958; 49 U.S.C. 1348; sec. 6(c); Department tive during the specific dates and times es­ On page 15082 of the F ederal R egis­ of Transportation Act 49 UJB.C. 1655(c)). tablished in advance by a Notice to Airmen. ter dated June 8 , 1973, the Federal Avia­ The effective date and time will thereafter Issued in Des Plaines, Illinois, on July tion Administration published a notice be continuously published in the Airman’s 18, 1973. information Manual. of proposed rulemaking which would amend § 71.181 of Part 71 of the Federal L y le K . B ro w n , (Sec. 307(a) of the Federal Aviation Act of Aviation Regulations so as to designate Director, Great Lakes Region. 1958, 49 U.S.C. 1348; sec. 6(c) of the Depart­ ment of Transportation Act, 49 U.S.C. 1655 a transition area at Forest City, Iowa. In § 71.181 (38 FR 435), the following interested persons were given 30 days (c)) .,.;! to submit written comments, suggestions transition area is amended to read; Issued in Des Plaines, Illinois, on July or objections regarding the proposed Jefferson, Ohio 19,1973. S M S amendment. L y l e K . B r o w n , No objections have been received and That airspace extending upward from 700 Director, Great Lakes Region. the proposed amendment is hereby feet above the surface within an 8-mile [FR Doc.73-16317 Filed 8-7-73;8:45 am] adopted without change and is set forth radius of the Ashtabula County Airport, Ash­ below. tabula, Ohio (lat. 41°46'40" N., long. This amendment shall be effective 80°41'46" W.) and within 3.5 miles each side [Airspace Docket No. 73-EA-70] 0901 G.m.t., October 11,1973. of the Jefferson VORTAC 243° radial extend­ PART 71— DESIGNATION OF FEDERAL (Sec. 307(a) of the Federal Aviation Act of ing from the 8-mile radius area to 11.5 AIRWAYS, AREA LOW ROUTES, CON­ 1958; 49 U.S.C. 1348; sec. 6 (c); Department miles southwest of the VORTAC. TROLLED AIRSPACE, AND REPORTING of Transportation Act 49 U.S.C. 1655(c)). [FR Doc.73-16316 Filed 8-7-73;8:45 ami POINTS Issued in. Kansas City, Missouri, on Alteration of Control Zone July 20, 1973. [Airspace Docket No. 73-CE-7] The Federal Aviation Administration J oh n R . W alls, PART 71— DESIGNATION OF FEDERAL is amending § 71.171 o f Part 71 o f the Acting Director, Central Region. Federal Aviation Regulations so as to AIRWAYS, AREA LOW ROUTES, CON­ alter the Morristown, N.J., Control Zone In § 71.181 (38 FR 435), the following TROLLED AIRSPACE, AND REPORTING (38 FR 403). transition area is added: POINTS Beginning September 2, 1973, the con­ Forest City, I owa Alteration of Transition Area trol tower at Morristown Municipal Air­ That airspace extending upward from 700 port, Morristown, N.J., will be operated On page 14694 o f the F ederal R egister from 0630 to 2230 hours, local time, daily. ft. above the surface within a 5-mile radius dated June 4, 1973, the Federal Aviation Accordingly, the Morristown, N.J. con­ of the Forest City Municipal Airport (lat. Administration published a Notice of trol zone, predicated upon the operations 43014'00" N., long. 93e38'00" W .); and that airspace extending 1,200 ft. above the surface proposed rulemaking which would amend of the control tower, must be amended so § 71.181 of Part 71 o f the Federal Avia­ as to coincide with the new hours of con­ within a 35-mile radius of the Mason City trol tower operation. VORTAC, from the 266° radial clockwise to tion Regulations so as to alter the transi­ Since this amendment is minor in na­ the 316 s radial, excluding that portion which tion area at North Platte, Nebraska. ture and imposes no burden on any per­ overlies the Mason City, and V120 transition Interested persons were -given 30 days son, notice and public procedure hereon areas. to submit written comments, suggestions are unnecessary and the amendment may [FR Doc.73^16315 Filed 8-7-78;8:45 am] or objections regarding the proposed be made effective in less than 30 days. amendment. In view of the foregoing, Part 71 of the No objections have been received and Federal Aviation Regulations is amended, [Airspace Docket No. 78-GL-25] effective 0901 GMT September 2,1973, as the proposed amendment is hereby PART 71— DESIGNATION OF FEDERAL adopted without change and is set forth follows: AIRWAYS, AREA LOW ROUTES, CON­ 1. Amend § 71.171 o f Part 71 o f the TROLLED AIRSPACE, AND REPORTING below. . This amendment shall be effective 0901 Federal Aviation Regulations by deleting POINTS G.m.t., October 11, 1973. the last sentence in the description of Alteration of Transition Area (Sec. 307(a) of the Federal Aviation Act of the Morristown, N.J. control zone and by On page 14865 o f the F ederal R egister substituting the following in lieu th ereof: 1958; 49 U.S.C. 1348; Sec. 6(c); Department dated June 6, 1973, the Federal Aviation of Transportation Act 49 U.S.C. 1655(c)). This control zone is effective from 0630 to Administration published a notice of 2230 h om e, local time, daily. proposed rulemaking which would amend Issued in Kansas City, Missouri, on (Sec. 407(a) o f th e Federal A viation A ct o f § 71.181 of Part 71 o f the Federal Avia­ July 20, 1973. 1958; 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c) J o h n R . W alls, of the Department of Transportation Act, 49 tion Regulations so as to alter the transi­ U.S.C. 1 6 5 5 (c)). tion area at Jefferson, Ohio. Acting Director, Central Region.

FEDERAL REGISTER, VOL, 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21394 RULES AND REGULATIONS

In § 71.181 (38 FR 435), the following radial, extending from the 5-mile radius area Upon full consideration of the relevant transition area is amended to read: to the VOR, excluding the portions which matter contained in the comments and coincide with the Readington, N.J., New other data, we have decided to adopt the North P latte, Nebr. York, N.Y., and North Philadelphia, Pa. tran­ sition areas. amendments substantially as proposed, That airspace extending upward from 700 but with certain modifications. Except as ft above the surface within a 10-mile radius [FR Doc.73-16320 Filed 8-7-73;8:45 am] modified herein, the tentative findings set of Lee Bird Field (lat. 41°07'42" N., long. 101°41'47" W .); and within 2 miles each side forth in the Explanatory Statement to of the North Platte VOR 209° radial, extend­ CHAPTER II— CIVIL AERONAUTICS the proposed rule are incorporated by ing from the 10-mile-radius area to 8 miles BOARD reference and made final. southwest of the VOR; and within 5 miles The following are the most significant each side of the 301° bearing from Lee Bird SUBCHAPTER A— ECONOMIC REGULATIONS modifications to the amendment, as it Field, extending from the 10-mile-radius area [Reg. ER-814] was proposed: (1) The separate report­ to 11.5 miles northwest of the airport, and PART 239— REPORTING DATA PERTAIN­ ing of data with respect to “theft” and that airspace extending upward from 1,200 ft ING TO FREIGHT LOSS AND DAMAGE “other shortage,” instead of combining above the surface within a 25-mile radius of CLAIMS BY CERTAIN AIR CARRIERS, them under one category “theft or other the North Platte VOR. AND FOREIGN ROUTE AIR CARRIERS shortage,” as proposed; (2) all claims based upon delay shall be reported under [FR Doc.73-16314 Filed 8-7-73:8:45 ami Miscellaneous Amendments the category “delay,” whereas EDR-234 Adopted by the Civil Aeronautics proposed to require that, where a claim [Airspace D ocket No. 73—EA—40] Board at its office in Washington, D.C. involves both delay and physical damage, By ER-725, adopted March 15, 1972, it should be reported under whichever PART 71— DESIGNATION OF FEDERAL the Board enacted a new Part 239, estab­ category (“damage” or “delay”) con­ AIRWAYS, AREA LOW ROUTES, CON­ lishing a system for the reporting of tributes most to the settlement of the TROLLED AIRSPACE AND REPORTING freight loss and damage claims by cer­ claim; and (3) the inclusion of a new POINTS tain air carriers and foreign route air column in Schedule B which will provide Alteration of Transition Area carriers. The system was designed to en­ the month of shipment o f the cargo with able the Board and any other govern­ On page 15524 o f the F ederal R egister respect to which claim is reported. These mental agencies, as well as interested and other matters will be discussed be­ fo r June 13, 1973, the Federal Aviation members of the public, to be informed low. Administration published a proposed rule of current trends and problems relating which would alter the Princeton, N.J., to air freight loss and damage, and also D e fin itio n of “ O ther S hortage” Transition Area (38 FR 562). to provide data which would be avail­ As pointed out above, EDR-234 pro­ Interested parties were given 30 days able to the Board in taking such future posed to redefine the term “shortage” so remedial action as would be appropriate. after publication in which to submit as to encompass all failure to'»deliver, Subsequently, various certificated and to employ the following subclassi­ written data or views. No objections to route air carriers, through Air Trans­ fications of such term: (1) “Robbery”; the proposed regulation have been port Association (ATA), filed a petition (2) . “pilferage” ; and (3) “theft or other received. for rule making to amend the part, to shortage.” The ATA comment objects to In view of the foregoing, the proposed modify certain definitions and classifica­ combining “theft” with “other shortage," regulation is hereby adopted, effective tions. The Flying Tiger Line Inc. filed an urging that the Board should specifically answer to the petition. provide a reporting subclassification for 0901 GMT October 11, 1973. Thereafter, by EDR-234, dated Sep­ shortages which probably result from (Sec. 307(a) of the Federal Aviation Act of tember 29, 1972, the Board proposed to non-criminal causes and retain the 1958; 72 Stat. 749; 49 UB.C. 1348; sec. 6(c) amend Part 239: 1) to redefine the terms present separate reporting of “shortage” of the Department of Transportation Act, “shortage,” “delay,” and “pilferage”; 2) items. Otherwise, it is maintained, the 49U.S.C. 1655(C)). to define a new reporting category, date reported under the proposed cate­ “Theft or other shortage,” in lieu of gory of “theft or other shortage” could Issued in Jamaica, N.Y., on July 23, “theft” ; and 3) to reclassify the columnar lead to unwarranted inferences as to the 1973. headings in Schedule A by including extent of thefts within the airline indus­ L. J. C ardinali, under the heading “shortage” the sub­ try. TWA concurs in this position. Acting Director, Eastern Region. headings “robbery,” “pilferage,” and We have determined to adopt the 1. Amend §71.181 of part 71 of the“theft or other shortage,” and by deleting above-described suggestion. One of the the heading “theft” presently contained Federal Aviation Regulations by deleting principal purposes of the reporting re­ in Schedule A. EDR-234 also proposed quirements is to determine the extent and the description of the Princeton, N.J. to modify Schedule B, so as to reflect the nature of loss from criminal activities, transition area and by substituting the redefinitions, by changing the title of the so that the Board and other interested following in lieu thereof: Schedule and modifying its principal parties may be better advised, with re­ That airspace extending upward from 700 classification and subclassifications. spect to what corrective measures, if any, feet above the surface within a 5-mile radius Comments have been submitted with should be taken. We therefore shall re­ of the center 40°23'54" N., 74°39'31" W., of respect to EDR-234 by the ATA, on be­ quire that, in Schedule A, “theft” shall be reported separately from those Princeton Airport, Princeton, N.J.; within a half of 22 of its members1 and a non­ “shortages” which result from non­ 6-mile radius of the center of the airport, ex­ member, Airlift International; and addi­ criminal causes, by providing separate tending clockwise from a 074° bearing to a tional comments were filed by Trans columns for “theft” and “other shortage,” 120° bearing from the airport; within a 5.5- World Airlines, Inc. (TWA). the latter term to be defined as “the dis­ mUe radius of the center of the airport, ex­ appearance of cargo for reasons other tending clockwise from a 191* bearing to a than pilferage, robbery, or theft.2 ” Since 225° bearing from the airport; within a 7- 1 Alaska Airlines, Inc.; Allegheny Airlines, Inc.; American Airlines, Inc.; Braniff Airways, every reported shortage would be en­ mile radius of the center of the airport, ex­ Inc.; Continental Air Lines, Inc.; Delta Air tered under one of the four proposed sub­ tending clockwise from a 225* bearing to a Lines, Inc.; Eastern Airlines, Inc.; Frontier 268° bearing from the airport; within a 7.5- Airlines, Inc.; Hawaiian Airlines, Inc.; Hughes classifications (each of which is defined) , mile radius of the center of the airport, ex­ Airwest; National Airlines, Inc.; North Cen­ there is no need to define the term tending clockwise from a 268° bearing to a tral Airlines, Inc.; Northwest Airlines, Inc.; “shortage,” which definition will there­ 310° bearing from the airport; within a 7- Ozark Air Lines, Inc.; Pan American World fore be deleted. mile radius of the center of the airport, ex­ Airways, Inc.; Piedmont ■ Aviation, Inc.; Southern Airways, Inc.; Texas International ending clockwise from 310° bearing to a 357* Airlines, Inc.; Trans World Airlines, Inc.; * These same columnar headings shall also bearing from the airport; and within 3.5 United Air Lines, Inc.; Western Air Lines, be used in revised Schedule B, attached miles each side of the Solberg, N.J. VOR 161* Inc.; and Wien Consolidated Airlines, Jhc. hereto.

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D e f in it io n o f “ T h e f t ” posed not thereto would have pointed out set forth in the prescribed Form 239. that claims involving both delay and After reviewing the attempts of a few “Theft” is defined in Part 239 as “ all physical damage would be reported un­ carriers to “computer-generate” these known stealing, without use of force or der whichever category (“damage” or schedules, our staff has found that it threat of force, of any whole shipping “delay”) contributed most to the settle­ has not been possible to duplicate ade­ unit or units of freight (not necessarily ment of the claim. The ATA comment quately the formats of the schedules of a complete shipment).” The proposed objects to this proposal and maintains the part. Furthermore, the computer­ definition “theft or other shortage” in that any claim payment made as a result generated schedules received to date have EDR-234 was, in part, intended to satisfy of delay should be reported under that proved difficult to file and are generally the objection of the ATA carriers to the category, regardless of whether the lack inferior to the hard copy. Therefore, we present definition of that term, namely, of timely movement caused deterioration are revoking the option for ADP-gen- that “all known stealing” would require or other forms of physical damage. As erated formats and we shall henceforth the “culprit” to be apprehended, tried reflected in this amendment, we have de­ require that all respondents report di­ and convicted before the applicable termined to accept ATA’s suggestion. rectly on the schedules prescribed by claims-paid data could be classified as Form 239. Since, in most cases, the num­ theft.* The ATA comment also objected M iscellaneous T e ch n ical A m endm ents ber of entries on these schedules is rela­ to the revised definition proposed in 1. We are deleting column (21), en­ tively few, we believe that their required EDR-234, and requested that the Board titled “revenue,” from Schedule A. The use, although it entails a manual typing dofinft “theft” as “the disappearance of effectiveness of § 239.6(k),~ which set of the reported data, will not impose a any whole unit o f air cargo (not neces­ forth the requirement to report data un­ substantial burden on any carrier. sarily a complete shipment) or units der column (2D of existing Schedule A, In consideration of the foregoing, the from the custody of airlines’ terminal or has been stayed by ER-746, adopted Civil Aeronautics Board hereby amends station when it is known that freight June 26, 1972, for the reasons set forth Part 239 (14 CFR Part 239) effective was in their custody.” For the reasons therein, and the deletion will thus make October 1,1973, as follows: slated above, we have now decided to this change permanent.* 1. Amend the table of contents of Part provide a separate classification for 2. We are also adding a column (col­ 239 to read in part as follow s: “ theft,” which entails a separate defini­ umn (7)) to Schedule B, Analysis of 239.7 Schedule B—Analysis of shortage. tion of the term. However, we will not re­ Shortage, to require a two-digit code tain the existing definition, in view of (01- 12) to be used in reporting month 2. Amend § 239.1 by deleting the defi­ ATA’s comments, nor will we adopt ATA’s of shipment of air cargo reported to be nition of “Shortage,” and by otherwise suggested definition, which is so broad as lost or damaged. This new item will modifying the section to read in part as to include a disappearance brought about assist in establishing patterns and follow s: by non-criminal means. Instead, we are trends over periods of time in the § 239.1 Definitions. adopting a definition which will cover analysis and evaluation of air cargo any disappearance where the “probable loss data. The month of shipment is As used in this part, unless the con­ cause was stealing.” Although this defi­ readily available on the air waybill and text otherwise requires— nition cannot be applied with complete supporting documents now used by the * * ^ * * * precision, we believe that on balance it industry to derive the other data cur­ “Delay” means the lack of timely is preferable to the present definition in rently required to be reported on this movement which results in monetary Part 239, and that it will produce more schedule. loss to the shipper. It includes, but is reliable statistics than those already re­ N ote o n ADP F orm at not limited to, consequential or special ceived. damages and/or physical deterioration D e f in it io n of “ P ilferag e” In the preamble to ER-771 (amend­ or damage to the goods which results ment No. 2 to Part 239) the Board an­ EDR-234 proposed to define “pilfer­ from delay. nounced, with respect to the submission ♦ ♦ * * * age” as “the known loss of a partial air of Form 239 data which have been pre­ freight shipment through observable “Other” means * * * damage to the shipping container.” Al­ pared on automatic data processing “Other shortage” is the disappearance though the comments do not object to (ADP) equipment, that it had no objec­ of cargo for reasons other than pilfer­ this proposed definition, we shall modify tion to the carriers’ submission of age, robbery or theft, as herein defined. it to remedy a technical defect. Taken freight-claim data in an ADP format so “Pilferage” is the known loss of all or literally, the above definition would not long as the carriers use the same colum­ part of the contents of a shipment (but include as pilferage those instances nar headings and the same order of not the entire shipping container) under where the shipping container was broken arrangements in the ADP data as those circumstances indicating that the prob­ into, but not damaged, in the course of able cause was stealing, without use of criminal action. Therefore, we shall now force or threat of force against a per­ define this term as “the known loss of «We shaU make other minor changes in son or persons, and where the shipping all or part of the contents of a shipment Schedule A. The Schedule A form supplied (but not the entire shipping container) to the carriers listed all 52 commodity codes container was broken into, when it is under circumstances indicating that the and descriptions and requires 6 pages for known that such freight was in the car­ probable cause was stealing, without use this schedule. It has been found that many rier’s custody. carriers report claims for only a small per­ of force or threat of force against a per­ “Robbery” means all stealing, includ­ son or persons, and where the shipping centage of the commodity codes and descrip­ container was broken into, when it is tions preprinted In columns 1 and 2. Ac­ ing hijacking, with use of force or threat cordingly, we shall remove these preprinted of force against a person or persons. known that such freight was in the car­ codes and descriptions from the form so that, rier’s custody.” * instead, the carriers will insert only their “Theft” is the disappearance, without D e f in it io n o f “ D e l a y ” reportable codes and descriptions as pre­ use of force or threat of force against a scribed in Appendix A to Regulation ER-725 person or persons, of any whole shipping EDR-234 proposed to redefine “delay” (enactment of the Part). This change will unit or units of cargo (not necessarily so as to exclude “deterioration or physi­ decrease considerably the number of sheets cal damage to the property,” and a pro- of Schedule A submitted to the Board and a complete shipment) under circumstan­ relieve the Board’s Data Processing Division ces indicating that the probable cause of the need of handling unnecessary paper in was stealing, when it is known that such 8 EDR-234, p. 6. processing the data required for the Board’s * In view of our redefinitions of "theft” published reports on airfreight loss and dam­ freight was in the carrier’s custody. and “pilferage,” we are also amending the age claims. * * * • * definition of “robbery” so as to refer to the Also, present column (18) entitled "Actual 3. Amend the table In § 239.2(b) to use of force, or threat of force, “against a Shipper Loss” wUl become column (20) on person or persons.” Schedule A as revised herein. read in part as follow s:

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21396 RULES AND REGULATIONS

§ 239.2 Applicability of part and CAB show 50 percent of the claim against PART 13— PROHIBITED TRADE Form 239 filing requirements. each— PRACTICES * * * * * $______LAX. $______PHL. [Docket C—2418] (b) * * * (f) Column (8)—Show by means of a Kennecott Copper Corp.; Correction Filing frequency tw o-digit code (01- 12) the month of ■m m ■ m m m In FR Doc. 73-15533 appearing at shipment of the air cargo covered by the page 20229 for the issue o f Monday, July (3) Schedule B—Analysis of shortage report. 30,1973, the following order to cease and Quarterly. 6. Amend Schedules A and B of CAB desist should be inserted after the order ♦ * * * * Form 239 in the form attached to this in Docket No. C-2417 : 4. Amend § 239.6 by revising para­ amendment.1 I. It is ordered, That respondent Ken­ graph (i), (j) , (1) and by reserving para­ (Secs. 204(a), 402 and 407 of the Federal necott Copper Corporation (Kennecott), graph (k) to read as follow s: Aviation Act of 1958,-as amended, 72 Stat. a corporation, shall not permit on its 743, 757, 766; 49 U.S.C. 1324, 1372 and 1377.) board o f directors any person who is at § 239.6 Schedule A— Report of freight By the Civil Aeronautics Board. the same time a director of A luminum loss and damage claims paid. Company of America. * * * * f * Adopted: July 23,1973. II. It is further ordered, That respond­ (i) Columns (18) and (19)—For each Effective:* October 1,1973. ent Kennecott shall obtain from each line listed in column (3), show in column Kennecott director an annual statement (18) the total number of claims paid re­ [ sea l] E d w in Za H olland, showing the name, location, and business ported in columns (4), (6), (8), (10), Secretary. of each other corporation having capi­ (12) , (14) and (16), and in column (19) Note: The reporting requirements herein tal, surplus and undivided profits in ex­ show the total whole-dollar amounts re­ have been approved by the Office of Man­ cess o f $1,000,000 o f which such Kenne­ ported in columns (5), (7), (9), (11), agement and Budget in accordance with the cott director is also a director. (13) , (15), and (17). Federal Reports A ct o f 1942. H I. It is further ordered, That re­ (j) Column (20)—For each commod­ [FR Doc.73-16377 Filed 8-7-73;8:45 am] spondent Kennecott notify the Commis­ ity reported in column (2), show the sion at least 30 days prior to any proposed whole-dollar amounts of the actual losses Title 16— Commercial Practices change in the corporate respondent such incurred by the shipper. as dissolution, assignment or sale result­ CHAPTER I— FEDERAL TRADE ing in the emergence of a successor cor­ (k) [Reserved! COMMISSION (l) Following the last entry made on poration, or any other change in the cor­ this schedule, show the grand totals for [D ocket C—2416] poration which may affect compliance each of columns (4) through (20). Also, PART 13— PROHIBITED TRADE obligations arising out of this Order. immediately below the grand totals, in­ PRACTICES TV. It is further ordered, That re­ spondent Kennecott shall within 30 days sert data for the two lines reading: Armco Steel Corp.; Correction “Claims presented to direct air carrier by after service upon it of this Order file forwarder(s)” and “Claims presented by In FR Doc. 73-15537, appearing at page with the Commission a report, in writ­ other than forwarders.” The second of 20229 for the issue o f Monday, July 30, ing, setting forth the manner and form in these two lines will apply only to a re­ 1973, the following order to cease and de­ which it intends to comply with this port of a direot air carrier. Complete sist should be inserted after the order in order. columns (4) through (20) for each of Docket No. C-2415: [ seal] C harles A . T o b in , these lines, as applicable. I. It is ordered, That respondent Secretary. Armco Steel Corporation (“Armco”), a 5. Revise the title and paragraphs (c) [FR Doc.73-16312 Filed 8-7-73;8:45 am] through (e) of § 239.7, and add a new corporation, shall not permit on its board paragraph (f). As amended, § 239.7 will o f directors any person who is at the same read in part as follows: time a director of Aluminum Company of Title 19— Customs Duties America. CHAPTER I— UNITED STATES CUSTOMS § 239.7 Schedule B— Analysis of short­ II. It is further ordered, That respond­ SERVICE; DEPARTMENT OF THE age. ent Armco shall obtain from each Armco TREASURY * * * * * director an annual statement showing [TJ>. 73-212] (c) Columns (1) and (2)—List indi­ the name, location, and business of each vidually by commodity each claim pay­ other corporation having capital, surplus PART 133— TRADEMARKS, TRADE ment during the reporting period in the and undivided profits in excess of NAMES, AND COPYRIGHTS amount o f $100 or more as the result of $1,000,000 o f which such Armco director Countries Party ^Universal Copyright shortage. Use the commodity code num­ is also a director. Convention bers provided in Appendix A, but the i n . It is further ordered, That re­ J u l y 31,1973. commodity descriptions inserted should spondent Armco notify the Commission be the actual descriptions shown on the at least 30 days prior to any proposed Paragraph (c) o f § 133.31 o f the Cus­ airbill or airwaybill. change in the corporate respondent such toms Regulations (19 CFR 133.31(c)), lists the countries which are party to the (d) Columns (3), (4), (5 ) and (6) — as dissolution* assignment or sale result­ Universal Copyright Convention. The For each claim reported in column (2), ing in the emergence of a successor cor­ Universal Copyright Convention is a show the dollar amounts borne by the poration, or any other change in the cor­ multilateral international treaty to reporting carrier which are attributable poration which may affect compliance which the United States is party. Under to “Pilferage,” “Robbery,” “Theft,” and obligations arising out of this order. the treaty each country grants to each “Other Shortage,” repectively. TV. It is further ordered, That re­ member country copyright rights which (e) Column (7)—Identify the airport spondent Armco shall within 30 days af­ are identical to the rights it grants its own citizens. The Register of Copyrights, where the shortage occurred using the ter service upon it of this Order file with Copyright Office, Library of Congress, three-letter airport codes shown in the the Commission a report, in writing, set­ has advised the Commissioner of Cus­ Official Airline Guide. If the airport is ting forth the manner and form in which tom s-that, on October 10, 1970, Fiji, on not known, allocate claim amount in it intends to comply with this order. January 23,1971, Hungary, on March 12, 1968, Mauritius, on May 8,1972, Morocco, same proportion as used to allocate to [ sea l] C harles A . T o b in , other airports involved in the transpor­ and on May 27, 1973, Union o f Soviet Secretary. Socialist Republics, became parties to the tation of the shipment. For example, if [FR Doc.73-16311 Filed 8-7-73;8:45 am] Universal Copyright Convention. Los Angeles and Philadelphia alone were Accordingly, paragraph (c) of section involved, a single commodity entry would 1 Filed as part of the original document. 133.31, Customs Regulations, is amended

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21397

(Secs. 402(a) r 406, 409, 701, 52 Stat. 1046 by the insertion of “Fiji,” “Hungary,” Diluent Concentration Volume of test “Mauritius,” “Morocco,” and “Union of as amended, 1049, 1055—1056 as amended by (diluent of test solution solution to be 70 Stat. 919 and 72 Stat. 948, 72 Stat. 1785- Soviet Antibiotic number as (milligrams of injected (milli­ Socialist Republics,” in the ap­ 1788 as amended; 21 U.S.C. 342(a), 346, 348, listed in activity per liters per propriate alphabetical sequence in the 371) § 141.3(b)) milliliter) kilogram of list of nations who are party to the Uni­ body weight) versal Copyright Convention. Dated: August 1,1973. * 8 9 8 8 8 • G G ♦ * 8c S am D . F in e , (RS 251, as amended, sec. 624, 46 Stat. 759; Mino­ 17 U.S.C. 9, 109, 19 UJ3.C. 66, 1624) Associate Commissioner cycline for Compliance. hydro- Because this amendment merely sets , chloride. 4 5.0 0.6 [PR Doc.73-16339 Filed 8-7-73;8:45 am] forth the names of countries which have * G • * * * 9 9 9 • * 9t become members o f the Universal Copy­ right Convention, notice and public pro­ SUBCHAPTER C— DRUGS cedure thereon is found to be unneces­ , b. In § 141.502 by adding a new para­ sary, and good cause exists for dispensing PART 141— TESTS AND METHODS OF graph (d) (4) and revising (e) (3) (i) and ASSAY OF ANTIBIOTIC AND ANTIBI­ (ii), as follows: with a delayed effective date, under the OTIC-CONTAINING DRUGS provisions o f 5 U.S.C. 553. § 141.502 Moisture determination. PART 150g— MINOCYCLINE ***** Effective date. This amendment is ef­ HYDROCHLORIDE fective on August 8,1973. (d) * * * Sterile Minocycline Hydrochloride (4) Hygroscopic powders. Weigh the [ seal] V ernon D. A cree, immediate container. Using a suitable Commissioner of Customs. The Commissioner has evaluated data submitted in accordance with regulations dry hypodermic needle and syringe, in­ Approved: July 31,1973. -promulgated under section 507 o f the ject 3 milliliters of anhydrous methanol Federal Food, Drug, and Cosmetic Act, into the eontainer and shake to dissolve Edward L. M organ, with respect to approval of the antibiotic the contents. Using the same syringe, Assistant Secretary remove the withdrawable contents and of the Treasury. drug sterile minocycline hydrochloride. He concludes that data supplied by the transfer into the titration vessel. Rinse [PR Doc.73—16396 Piled 8-7 -73 ;8 :4 5 am ] manufacturer concerning the subject the syringe and needle by drawing in an antibiotic drug is adequate to establish additional 3 milliliters of anhydrous Title 21— Food and Drugs its safety and efficacy when used as di­ methanol. Add the rinsings to the titra­ CHAPTER I— FOOD AND DRUG ADMINIS­ rected in the labeling and that the tion vessel. Titrate the solution immedi­ TRATION, DEPARTMENT OF HEALTH, regulations should be amended to pro­ ately, proceeding as directed in para­ EDUCATION, AND WELFARE vide for the certification of this drug. graph (e) (3) of this section. Determine the Karl Fisher equivalent (in milli­ SUBCHAPTER A— GENERAL Therefore, pursuant to provisions of the Federal Food, Drug, and Cosmetic liters) , if any, of the anhydrous methanol SUBCHAPTER B— FOOD AND FOOD PRODUCTS Act (sec. 507, 59 Stat. 463, as amended; by titrating a blank of the same total PART 3— STATEM ENTS OF GENERAL volume used in preparing the sample POLICY AND INTERPRETATIONS 21 U.S.C. 357) and under authority dele­ gated to the Commissioner (21 CFR and rinsing the syringe and needle. Dry PART 128— HUMAN FOODS; CURRENT 2.120), Parts 141 and 150g (21 CFR 141 the immediate container and its closure FOOD MANUFACTURING PRACTICE for three hours at 100° C., cool to room and 150g) are amended as follows: (SANITATION) IN MANUFACTURE, temperature in a desiccator, and weigh. PROCESSING, PACKING OR HOLDING 1. Part 141 is amended: Determine the weight of sample tested a. In § 141.7(c) by alphabetically in­ PART 135— NEW ANIMAL DRUGS by subtracting the weight obtained from serting a new item in the table, as Polychlorinated Biphenyls (PCB’s); Con- the original weight of the immediate ' ta mi nation of Animal Feeds, Foods, and follow s: Food-Packaging Materials; Correction container. ' § 141.7 Histamine test. (e) * * * In PR Doc. 73-13549 appearing on page * * * • * (3) * * * 18096 in F ederal R egister of July 6,1973 (i) If titration procedure 1 is used: the following corrections are made: (C) * * * (1) On page 18096, the effective date of “30 days” in paragraph lc, should be changed to read “ 60 days” . V’rX^XlOO (2) On page 18101, the date o f “ Au­ Percent moisture in weighed samples = — - = ----- , gust 6, 1973” appearing in § 3 .9 3 (b )(2 ), should be changed to read “ September 4, Percent moisture in aerosols 1973” , (W-Vt)X

FEDERAL REGISTER, V O L 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 Nò. 152----- 3 21398 RULES AND REGULATIONS

Percent moisture in weighed samples tainer represented as a single-dose con­ as an aid in stimulating growth in chick­ (Vr-VrofiXeXlOO tainer; or if the labeling specifies the ens and turkeys and as an aid in the WT ’ amount of potency in a given volume of prevention of outbreak of histomoniasis the resultant preparation, withdraw an (blackhead) in chickens and turkeys and Percent moisture in aerosols accurately measured representative por­ hexamitiasis in turkeys. (yT—Vmf)Xe tion from each container. Dilute the Therefore, pursuant to provisions of Milliliters of sampleXlO’ sample thus obtained with sufficient 0.1 N the Federal Food, Drug, and Cosmetic Percent moisture in hygroscopic powders hydrochloric acid to give a stock solution A ct (secs. 507, 512, 59 Stat. 463, as of convenient concentration not less amended, 82 Stat. 343-351; 21 U.S.C. (Vr —Vmf—Vh) X «X 100 than 150 micrograms of m inocycline per 357,360b) and under authority delegated “ W. milliliter (estimated). Further dilute the to the Commissioner (21 CFR 2.120), Where: Vr=Milliliters of Karl Fischer reagent used; stock solution with O.lAf potassium phos­ Part 144 is amended, by revoking para­ V„=Milliliters of methanol solution used; phate buffer, pH 4.5 (solution 4), to the graph (b) (36) in § 144.26 Animal feeds /»M illiliters of Karl Fischer reagent equivalent to each milliliter of methanol solution determined reference concentration o1 0.100 m icro­ bearing or containing new animal drugs as directed in paragraph (c)(2) of this section; gram of minocycline per milliliter subject to the provisions of section V t= Karl Fischer equivalent (in milliliters) of the 512(n) of the act. methanol used as a sample solvent; (estimated). «»Water equivalence of the Karl Fischer reagent Any person who will be adversely af­ determined as directed in paragraph (c)(1) of (2) Sterility. Proceed as directed in fected by the foregoing order may at any this section. § 141.2 o f this chapter, rising the method time on or before September 7, 1973 file * * * * * described in paragraph (e) (1) of that with the Hearing Clerk, Department of 2. Part 150 is amended by adding thesection! Health, Education, and Welfare, Room following new section: ‘ (3) Pyrogens. Proceed as directed in 6- 88, 5600 Fishers Lane, Rockville, MD § 150g.l2 Sterile minocycline hydro­ § 141.4(b) of this chapter, using a solu­ 20852, written objections thereto. Objec­ chloride. tions shall show wherein the person fil­ tion containing 5 milligrams per milli­ ing will be adversely affected by the (a) Requirements for certification— liter. order specify with particularity the pro­ (1) Standards of identity, strength, qual­ (4) Safety. Proceed as directed, in visions of the order deemed objection­ ity, and purity. Sterile minocycline hy­ § 141.5 o f this chapter. able and state the grounds for the ob­ drochloride is a lyophilized powder of jections. If a hearing is requested, the minocycline hydrochloride. Its potency is (5) Histamine. Proceed as directed in § 141.7 of this chapter. objections shall state the issues for the satisfactory if it is not less than 90 per­ hearing, shall be supported by grounds cent and not more than 120 percent of (6) Moisture. Proceed as directed in factually and legally sufficient to justify the number of milligrams of minocycline § 141.502 o f this chapter, using the sam­ the relief sought, and shall include a that it is represented to contain. It is ple preparation described in paragraph detailed description and analysis of the sterile. It is nonpyrogenic. It passes the (d) (4) of that section. factual information intended to be pre­ safety test. It contains no histamine nor sented in support of the objections in the histamine-like substance. Its moisture (7) pH. Proceed as directed in § 141.- 503 of this chapter, using an aqueous event that a hearing is~held. Objections content is not more than 3.0 percent. Its may be accompanied'by a memorandum pH in an aqueous solution containing 10 solution containing 10 milligrams of or brief in support thereof. Six copies milligrams per milliliter is not less than minocycline per milliliter. of all documents shall be filed. Received 2.0 and not more than 3.5. The mino­ Since the conditions prerequisite to objections may be seen in the above cycline hydrochloride used conforms to providing for certification of subject office during working hours, Monday the standards prescribed by § 150g.l through Friday. ( a ) ( 1) . antibiotic have been complied with and (2) Labeling. It shall be labeled in ac­ since the matter is noncontroversial, no­ Effective date: This order shall become cordance with the requirements o f § 148.3 tice and public procedure and delayed effective August 8,1973. o f this chapter. effective date are not prerequisites to this (Secs. 507, 512, 59 Stat. 463 as amended, 82 (3) Requests for certification; sam­ promulgation. Stat. 343-351; 21 U.S.C. 357, 360b). ples. In addition to complying with the Dated: August 1,1973. requirements of § 146.2 of this chapter, Effective date. This order shall be ef­ each such request shall contain: fective on August 8,1973. S a m D. F in e , (i) Results of tests and assays on: (Sec.‘ 507, 59 Stat. 463, as amended; 21 U.S.C. Associate Commissioner (a) The minocycline hydrochloride 357) for Compliance. used in making the batch for potency, [FR Doc.73-16341 Filed 8-7-73;8:45 am] moisture, pH, minocycline content, Dated: Jiffy 31,1973. identity, and crystallinity. M a r y A . M cE n ir y , Title 22— Foreign Relations (b) The batch for potency, sterility, Assistant to the Director for pyrogens, safety, histamine, moisture, Regulatory Affairs, Bureau of CHAPTER II— AGENCY FOR INTERNA­ and pH. Drugs. TIONAL DEVELOPMENT, DEPARTMENT OF STATE (ii) _ Samples required: [FR Doc.73-16158 Filed 8-7-73; 8:45 am] (a) The minocycline hydrochloride [A JX>. Reg. 14] used in making the batch: 10 packages, PART 214— ADVISORY COMMITTEE PART 144— ANTIBIOTIC DRUGS; EXEMP­ each containing approximately 300 milli­ MANAGEMENT grams. TION FROM LABELING AND CERTIFI­ (b) The batch: CATION REQUIREMENTS Pursuant to the provisions of the Fed­ (1) For all tests except sterility: A Nithiazide; Revocation eral Advisory Committee Act (Public m i n i m u m of 10 immediate containers. Law 92-463) and Executive Order No. (2) For sterility testing: 20 immediate Based on title notice of withdrawal of 11686 (October 7, 1972), the Administra­ containers, collected at regular intervals approval of new Animal drug applica­ tor, Agency for International Develop­ throughout each filling operation. tions (Docket No. FDC-D-630) appear­ ment, has issued a new regulation which (b) Tests and methods of assay— (1) ing elsewhere in this issue of the F ederal prescribes administrative guidelines and management controls for A J.D. advisory Potency. Proceed as directed in § 141.111 R eg ister, the Commissioner of Food and committees. of this chapter, preparing the sample for Drugs concludes that the antibiotic reg­ assay as follows: Reconstitute as directed The regulation, prescribes procedures in the labeling. Using a suitable hypo­ ulation should be amended to revoke pro­ for the establishment, termination and dermic needle and syringe, remove the visions for the use of Nithiazide in ani­ renewal, operation and administration of withdrawable contents from each con­ mal feeds if it is intended for use solely advisory committees. It also assigns re-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21399 sponsibilities to Agency officers with re­ Circular A-63 (draft of December 30, of committee meetings; spect to the foregoing matters and sets 1972) ; and the related OMB Department (9) Committee’s termination date; and f o r t h procedures for administrative re­ of Justice Memorandum (draft of Jan­ (10) Date the charter is filed. view Of denials for public access to com­ uary 10, 1973). (d) A copy of the charter is required mittee records and other complaints of to be sent to the Library of Congress, § 214.2 Definition of advisory commit­ Exchange and Gift Division, Federal alleged non-compliance with law or reg­ tee. / . ulations relating to A.IX). advisory Advisory Committee Desk, Washington, committees. (a) The term “advisory committee“ is D .C .20540. The regulation was issued by the Ad­ defined in section 3(2) of the Act and § 214.12 Responsibilities within A-I.D. ministrator on July 19, 1973, to be effec­ paragraph 4 of the draft OMB Justice tive as of July 20, 1973, and is published Memorandum. (a) The A.I.D. Office or Bureau seek­ ing establishment of a new A.IX). ad­ herewith. (b) In general, this definition includes any committee, board, commission, visory committee: D ated: July 31,1973. council, conference, panel, task force, (1) Justifies the need for the advisory J a m e s P. C a m p b e l l , or other similar group, or any subcom­ committee to the satisfaction of the Assistant Administrator for mittee or sub-groups thereof, which is A.I.D. Advisory Committee Management Program & Management Services. formed or utilized by the Agency for ob­ Officer, the A.I.D. Administrator, and taining advice or recommendations, and the OMB Secretariat. Part 214 o f Chapter H o f Title 22 is which is not composed wholly of full­ (2) Prepares, clears with the Advisory added, to read as set forth below: time Federal employees. Committee Management Officer and the Subpart A— General General Counsel, and submits to the Sec. 1 § 214.3 A.I.D. Advisory Committee Man­ Administrator all documentation neces­ 214.1 Purpose. agement Officer. sary to establish or use the advisory 214.2 Definition of advisory committee. The Advisory Committee Management committee. 214.3 AXD. Advisory Committee Manage­ ment Officer. Officer is responsible to the Adminis­ (b) The Advisory Committee Manage­ trator for the establishment of uniform ment Officer with assistance as appro­ Subpart B— Establishment of Advisory Committees administrative guidelines and manage­ priate from the General Counsel and the ment controls which must be consistent Office of Legislative Affairs: 214.11 Establishment and chartering re­ quirements. with directives of the Director of the (1) Appraises the need for the pro­ 214.12 Responsibilities within A.I.D. OMB under sections 7 and 10 of the Act. posed advisory committee; 214.13 Charter revisions. Subpart B— Establishment of Advisory (2) Assures that the requirements of the Act and OMB guidelines have been Subpart C— Termination and. Renewal of Advisory Committees Committees follow ed; § 214.11 Establishment and chartering (3) If satisfied with (1) and (2), clears 214.21 Termination and renewal provisions. requirements. 214.22 Responsibilities within A.I.D. the proposal for submission to the Provisions governing the establishment Administrator; Subpart D— Operation of Advisory Committees and chartering of Advisory Committees (4) Maintains the agency file of ap­ 214.31 A.XD. advisory committee Repre­ are contained in section 9 of the Act and proved charters and formal determina­ sentatives. tions; 214.32 Calling of advisory committee'meet­ paragraph 8 of the draft OMB-Justice ings. Memorandum. In summary, these re­ (5) Publishes approved charters in the 214.33 Notice of meetings. quirements include the following: Agency’s internal directives system; 214.34 Public participation. (a) Where establishment of an Ad­ (6) Reviews proposed committee mem­ 214.35 Minutes of meetings. visory Committee is not specifically au­ bership for conflict of interest; 214.36 Records of advisory committees. thorized by statute or by the President, (7) Assures publication of the Admin­ 214.37 Public access to committee records. the need for a new A.I.D. advisory com­ istrator’s formal determinations in the 214.38 Annual report. mittee is determined by the A.LD. Ad­ F ederal R e g iste r ; and 214.39 Submission of reports to the Library (8) Transmits approved advisory com­ of Congress. ministrator, in accordance with the guidelines set forth in section 5(b) of mittee charters to the House Foreign Subpart E— Administration of Advisory Affairs Committee, the Senate Foreign Committees the Act, as a matter for formal record, after consultation with the OMB Com­ Relations Committee, and the Library of 214.41 Support services. Congress. 214.42 Uniform pay guidelines. mittee Management Secretariat. 214.43 Agency records. (b) Each advisory committee estab­ § 214.13 Charter revision. 214.44 Annual review and reports. lished or used by A.I.D. is required to file a charter with the AX.D. Admin­ (a) Sponsoring A.IX). Bureaus and Subpart F— Administrative Remedies istrator, the House Foreign Affairs Com­ Offices initiate revisions to advisory 214.51 Administrative review of denial for mittee, and the Senate Foreign Relations committee charters, as necessary, to public access to records. Committee, before meeting or taking any reflect current information regarding 214.52 Administrative review of other al­ scope, membership, duties, etc. leged non-compliance. action. (c) Advisory committee charters shall (b) Charter revision requires clear­ Authority: Sec. 621 of the Foreign Assist­ include the following information: ances by the advisory committee, the ance Act o f 1961, as am ended (22 U.S.C. A.IX). Advisory Committee Management 2381) ; sec. 8(a) of the Federal Advisory Com­ ( 1 ) Committee’s official title; mittee Act, P.L. 92—463; and Executive Order (2) Committee’s objectives and scope Officer and the General Counsel; ap­ 11686. ; of activity; proval by the A.IX). Administrator, and (3) Period of time necessary for the notification of the change to the F ed­ Subpart A— General committee to carry out its purposes; eral R eg ister, Congressional commit­ § 214.1 Purpose. (4) Agency official to whom the com­ tees, and the Library of Congress. The regulations in this part prescribe mittee reports; Subpart C— Termination and Renewal of (5) Agency responsible for providing Advisory Committees administrative guidelines and manage­ necessary support for the committee; ment controls for A.I.D. advisory com­ (6) Description of duties for which the § 214.21 Termination and renewal pro­ mittees. Federal Advisory Committees committee is responsible, and, if such visions. are governed by the provisions of the duties are not solely advisory, a specifi­ Provisions governing the termination Federal Advisory Committee Act, P i . cation of the authority for such func­ and renewal of advisory committees are 92-463 (effective January 5, 1973, here­ tions; contained in section 14 of the Act and (7) Estimated annual operating costs paragraph 9 of the draft OMB-Justice inafter referred to as the Act) : Evecutive in dollars and man-years for the Memorandum. As related to AX.D.-estab- Order N o. 11686 (October 7, 1972) en­ com m ittee; lished non-statutory committees, these titled “ Committee Management;“ OMB (8) Estimated number and frequency provisions mean that:

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21400 RULES AND REGULATIONS

(a) Each such committee which was in (7) Determining the number of com­ ing access to open meetings which are existence on January 5,1973, shall termi­ mittee members necessary to be present held in a “secured” building. nate by January 5, 1975, unless it is re­ at any meeting for the transaction of (c) „ Notices are prepared by the A.I.D. newed by the A.I.D. Administrator prior committee business; Advisory Committee Representative^ and] to the latter date. (8) Adjourning any meeting, whenever where intended for the F ederal R egister] (b) Each such committee established he determines adjournment to be in the are sent to the Office of General Counsel after January 5,1973, shall terminate not public interest; at least two weeks before the scheduled later than two years after its establish­ (9) Assuring that minutes are kept of meeting date. s ment, unless it is renewed by the A.I.D. each advisory committee meeting and, to (d) Copies of all public notices are Administrator prior to its termination the extent practicable, of the meetings provided to the Advisory Committee date. of formal and informal sub-groups, and Management Officer. (c) Renewal requires advance approval that such minutes are certified for ac­ § 214.34 Public participation. of the Administrator in accordance with curacy by the chairman or presiding offi­ the criteria set forth in section 5(c) of cer of the committee; and (a) Each advisory committee meet­ the Act; publication of a notice of the (10) Assuring that, subject to section ing is to be open to the public except renewal; and the filing of a new ad­ 552 o f Title 5 U.S.C., the documents Of where: visory committee charter with the ap­ the advisory committee are made avail­ (1) The Director, OMB, has deter­ propriate House and Senate Committees able for public inspection and copying. mined that public notice of a meeting and to the Library of Congress. would be inconsistent with national se­ § 214.32 Calling of advisory committee curity; or § 214.21 Responsibilities within A.I.D. m eetings. (2) The Administrator, A.I.D. has for­ Responsibilities within A.I.D. for the (a) No advisory committee is to hold mally determined that the meeting, or a renewal of advisory committees are as any meetings except at the call, or with part o f the meeting, is concerned with follow s: the advance approval, of the designated matters listed in section 552(b) of title (a) The Office or Bureau through A.I.D. Advisory Committee Representa­ 5 U.S.C. and should therefore, be closed which the advisory committee, reports: tive. to the public. prepares, clears with the Advisory Com­ (b) Each advisory committee meeting (b) Advisory committee requests to mittee Management Officer and the Gen­ is conducted in accordance with an close all or part of a meeting or a series eral Counsel, and submits to the agenda approved by the designated A.I.D. of meetings are to include the reasons Administrator all documentation neces­ Advisory Committee Representative. for proposed closure, citing specific ex­ sary for committee renewal. (1) The agenda lists the matters to be ceptions involved under section 552(b) (b) The Office of General Counsel as­ considered at the meeting and indicates of the Freedom of Information Act. Such sists in the preparation of charters; whether any part of the meeting is con­ requests are submitted by the A.I.D. reviews and clears the proposal for con­ cerned with matters which may be ex­ Advisory Committee Representative, formity with the Act and other require­ empt from public disclosure under sec­ through the Advisory Committee M an­ ments; and assures publication of the tion 552(b) o f title 5 U.S.C. agement Officer and the General Coun­ Administrator’s determination of re­ (2) Copies of the agenda are distrib­ sel, to the Administrator at least thirty newal in the F ederal R eg ister. uted to members of the committee prior (30) days before the scheduled date of (c) The Office of Legislative Affairs to the date of the meeting and are in­ the meeting. transmits approved advisory committee cluded in the official records of the Ad­ (c) ' The Administrator’s determina­ charters to the House and Senate Com­ visory Committee. tion is to be in writing and is to con­ mittees and to the Library of Congress. tain a brief statement of the reasons for § 214.33 Notice of meetings. Subpart D— Operation of Advisory closing the meeting (or portion thereof). Committees (a) Notice of each advisory committee (d) When all or part of an advisory meeting (whether the meeting is open committee meeting is closed (1) members § 214.31 A.I.D. Advisory Committee F ed­ of the advisory committee (com m ittee Representative. or closed) shall be published in the eral R egister at least seven (7) days staff or attending A.I.D. employees) are (a) For each advisory committee used before the date of the meeting, and not to disclose the matters discussed ex­ by A.I.D., the Administrator designates should also be provided through other cept to other members of the advisory an A.I.D. employee to serve as the A.I.D. means such as newspaper advertise­ committee, the staff of the committee, or Advisory Committee Representative. ments, press releases, and direct mail. agency employees; and (2) the advisory (b) The designated A.I.D. employee (1) Exceptions to the requirement for committee is to include in its annual re­ performs functions required by section public notice are granted only for rea­ port (section 214.38) a summary o f its 10 of the Act and assigned herein. Such sons of national security as determined activities and such related matters which functions include: by the Director, OMB and are requested are informative to the public consistent (1) Calling, or giving advance approval and justified by the Administrator, A.I.D. with the policy of section 552(b) of Title to, advisory committee meetings; at least thirty (30) days prior to the 5 U.S.C. (2) Approving an agenda for each meeting. (e) To facilitate public participation meeting; (2) Exceptions to the seven -(7) day in advisory committee meetings which (3) Making recommendations on pro­ advance publication requirement are are to be open or partially open to the posals to close meetings, or parts of meet­ granted in emergency situations or when public: ings, to the public; and clearing such such notice is otherwise impracticable as (1) Meetings are to be held, at a rea­ recommendation with the Advisory Com­ determined by the Administrator, A.I.D. sonable time and at a place that is ac­ mittee Management Officer and the Gen­ (3) Requests for exceptions under cessible to members of the public. eral Counsel for decisions by the Admin­ paragraph (a) (1) and (2) of this section (2) The size of the meeting room is istrator; are prepared by the Advisory Committee members of the public who might be ex- (4) Assuring that advance notices of Representative and are cleared by the to be large enough to accommodate the each meeting (whether open or closed) Advisory Committee Management Officer advisory committee, its staff, and those are published In the F ederal R egister, and the General Counsel prior to sub­ pected to attend. provided through other means such as mission to the Administrator. (3) Any member of the public is per­ press releases and direct mall, and pro­ (b) Notices include the name of the mitted to file a written statement with vided to the Advisory Committee Man­ advisory committee; the time of the the committee, before or after the m eet­ agement Officer. meeting; the purposes of the meeting; ing. (5) Assuring that open meetings are the extent to which the public will be (4) Interested persons may be permit­ accessible to the public; permitted to attend or participate in the ted to present oral statements at the (6) As specified by the Administrator, meeting; the place of the meeting if open meeting in accordance with procedures chairing or attending each meeting; to the public; and instructions for gain­ established by the committee, and to the

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21401 extent time available for the meeting “utilized” as an advisory committee but lines in establishing rates of pay for ad­ permits. was not established for that purpose. visory committee members, staffs, and (5) oth er participation by members of (c) Procedures for requesting access consultants, when such guidelines are the public is not permitted, except in ac­ to advisory committee records are the published. cordance with procedures established by same as those established for Agency (b) Pending publication of such guide­ the committee. records under section 212.33 o f AID Reg­ lines, A ID . policy regarding compensa­ ulation 12 (22 CFR Part 212). They are tion for advisory committee members is § 214.35 Minutes of meetings. implemented subject to the general over­ as follows: (a) Minutes are to be kept of each sight of the Advisory Committee Man­ (1) Advisory committee members who meeting of each advisory committee and agement Officer on behalf of the Agency. are not employed by the U.S. Govern­ its formal and informal sub-groups. (d) Procedures for denial of access to ment ordinarily serve without compensa­ (b) The chairman or presiding officer advisory committee records are the same tion. However, they may be reimbursed designates a member or other person to as those established for Agency records for travel and related expenses of invita­ keep the minutes. under section 212.34 of AID Regulation tional travel under the provisions of (c) The minutes are to include: 12; except that use of exemption (5) of A ID . travel regulations. (1) The time and place of the 5 U.S.C. 552(b) as the basis for denial (2) If committee members are ap­ meeting; ^ ~ í; , requires a formal determination by the pointed as A.I.D. consultants or experts, (2) A list of members, staff, and A.I.D. Administrator that the denial is their compensation shall be fixed in ac­ A.I.D. employees attending; essential to protect the free exchange cordance with CSC guidelines and (3) A complete summary of matters of internal views and to avoid undue regulations. discussed and conclusions reached; interference with agency or advisory (3) Expenses of committee members (4) Copies of all reports received, is­ committee operation. Implementation of are charged to the allotments of the sued, or approved; these procedures also are subject to the A ID . office or bureau through which the (5) The extent to which the meeting general oversight of the Advisory Com­ advisory committee reports. was open to the public; and mittee Management Officer. § 214.43 Agency records. (6) The extent of public participation, § 214.38 Annual report. including a list of those who presented (a) The A.I.D. Advisory Committee oral or written statements and an esti­ Each advisory committee is required Management Officer maintains the mate o f the number of those who at­ to prepare an annual report describing Agency’s official central files on the na­ tended the meeting. its membership, functions, and opera­ ture, functions, and operations of each (d) The chairman or presiding officer tions. A ID . advisory committee. Central files of the advisory committee is to certify to contain the following information with § 214.39 Submission of reports to the respect to each AID. advisory com­ the accuracy of the minutes. The certifi­ Library of Congress. cation is to indicate that “the minutes mittee: are an accurate and complete summary (a) Each advisory committee is to file (1) Original copy of Advisory Com­ of the matters discussed and conclusions with the Library of Congress eight copies mittee Charter filed With the Adminis­ reached at the meeting held on of each of its annual and any other for­ trate«:; (date(s)).” mal reports, except where the reports (2) Official records copy of formal de­ falls within an exemption listed in 5 terminations by the A ID . Administra­ § 214.36 Records of advisory commit­ U.S.C. 552(b) or relates to a meeting tor with respect to the establishment, tees. which was closed for reasons of national renewal, operation, and termination of (a) The AJ.D. Advisory Committee security. the committee; Representative is to maintain the rec­ (b) The A.I.D. Advisory Committee (3) Annual reports of committee ords of the advisory committee in a loca­ Representative provides copies of re­ activity; tion known to the AXD. Advisory Com­ quired committee reports to the Office of (4) Designations of Advisory Commit­ mittee Management Officer. Legislative Affairs for transmittal to the tee Representatives; (b) Such records are to include the Library of Congress; and sends a copy (5) Location of official files of the Ad­ reports, transcripts, minutes, appendices, to the A.I.D. Advisory Committee Man­ visory Committee. working papers, drafts, studies, agenda, agement Officer for inclusion in the (b) Each A.ID. Advisory Committee and other documents which were made Agency’s central file on advisory com­ Representative maintains individual ad­ available to, or prepared for or by, the mittees. visory committee files at a location advisory committee. (c) As appropriate, the A.I.D. Advisory known to the A.I.D. Advisory Commit­ (c) Advisory committee records are Committee Representative may also send tee Management Officer. These files con­ maintained tfcnd disposed of according to copies of background papers and other tain the following information : procedures prescribed in the Agency’s advisory committee documents to Office (1) Copies of documents establishing, Records Maintenance Handbook. of Legislative Affairs for transmittal to renewing, and terminating the com­ the Library of Congress. m ittee; § 214.37 Public access to committee (2) Copies of committee charters filed records. Subpart E— Administration of Advisory with the A ID . Administrator; (a) Records maintained in accordance Committees (3) Fiscal records which fully disclose with § 214.36 are subject to the Freedom § 214.41 Support services. the disposition of any funds made avail­ of Information A ct 5 U.S.C. section 552 (a) A.I.D. provides support services for able to the committee; et seq. and, thus, are available for public advisory committees which are estab­ (4) Advisory committee records de­ inspection and copying except where ac­ lished by or report to the Agency, unless scribed above in § 214.36(b) (i.e., the re­ cess is denied under paragraph (b) of the establishing authority provides other­ ports, transcripts, minutes, appendices, this section. wise. and other documents which were made (b) Access to advisory committee rec­ (b) Within A.I.D., support services are available to, or prepared for or by, the ords may be denied only where: provided by and charged to the allotment committee). (1) Such records relate directly to a of the A.I.D. office or bureau through (c) The A.I.D. Advisory Committee meeting which was closed for reasons which the advisory committee reports, Management Officer, the A.I.D. Auditor of national security; or and are coordinated by the designated General, the OMB Secretariat, and the (2) Such records relate to a meeting or A.ID. Advisory Committee Representa­ Comptroller General shall have access to the part of a meeting which was closed tive. to these records. to the public; or (d) Personnel documentation required (3) A document is subject to the ex­ (c) Support services include staff, quarters, supplies, and funds. by CSC and Agency regulations shall be emptions listed in 5 U.S.C. 5 52 (b ); or maintained in the official personnel (4) Such records relate to the non­ § 214.42 Uniform pay guidelines. records of the Office of Personnel and advisory functions o f a group which is (a) A .ID . will follow OMB/CSC guide- Manpower.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21402 RULES AND REGULATIONS

§ 214.44 Annual review and reports. Subpart F— Administrative Remedies Development, 21st and Virginia Avenue NW„ Washington, D.C. 20523. (a) A.I.D. provides information for an § 214.51 Administrative review of denial for public access to records. (c) The com plaint must be filed within annual OMB review and report to Con­ thirty (30) days after the date of the gress as required by OMB Circular A-63. Any person whose request for access alleged non-compliance. to an advisory committee document is (d) The complaint will be considered Agency annual reports are due on Feb­ denied may seek administrative review by the Administrator or Deputy Admin­ ruary 1 of each year; include only those in accordance with section 212.34(c) of istrator with the advice and as­ advisory committees established by or A X D . Regulation 12, 22 CFR 212.34(c). sistance of the General Counsel and which report to A.LD.; and are submitted § 214.52 Administrative review of other the A.ID. Advisory Committee Manage­ alleged non-compliance. ment Officer. in quadruplicate on a form prescribed (e) Written notice of the disposition by the OMB Secretariat. With regard to other alleged non- of the complaint shall be provided to compliance with the Act, OMB Circular the complainant within thirty (30) days (b) “Within A.I.D., the Advisory Com­ A-63, or this regulation, the following of the date the complaint was received mittee Management Officer collects re­ procedures are to be used: by the Agency. (a) Advisory committee members or quired information from the A.I.D. Ad­ other aggrieved individuals or organiza­ Effective date. This regulation is ef­ visory Committee Representatives; ap­ tions must file a written complaint which fective July 20, 1973. praises advisory committee activities for contains specific information regarding Dated: July 19, 1973. the Administrator; and prepares the the alleged non-compliance. (b) The written complaint must be J o h n A H a n n a h , Agency’s annual report to OMB for the addressed to the Administrator or Deputy Administrator. Administrator’s signature. Administrator, Agency for International [PR Doc.73-16870 Filed 8-7-73;8:45 am]

Title 24— Housing and Urban Development CHAPTER X— FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM [Docket No. FI-188] PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the last column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emergency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities. • • * * . * • * *

Effective date of authorization State Cotmty Location Map No. State map repository Local map repository of sale of flood insurance for area

••• ••• * * * N e v a d a .= = = Clark______North Las Vegas, August 8,1973. City of. Emergency. m Frankliius= = 3 Upper Arlington, Do. Emerg. City of.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 FR 17804, Nov. 28,1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 UJ3.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27, 1969) Issued: August 1, 1973. G eorge K . B ern stein , Federal Insurance Administrator. [FR Doc.73-16227 Filed 8-7-73;8:45 am]

FEDERAL REGISTER, V O L 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21403

Title 25— Indians gions and villages to respond to notices by petition, which shall state the bases of appeals with which they are served and reasons for the appeal, and which CHAPTER I— BUREAU OF INDIAN AF­ shall include or be accompanied by all FAIRS, DEPARTMENT OF THE INTERIOR and the August 15,1973, deadline set for amendments to enrollment applications arguments, briefs, records, or other evi­ SUBCHAPTER F— ENROLLMENT constitute, in each case, the maximum dence which the appellant urges as PART 43h— PREPARATION OF A ROLL OF allowable time which can be granted grounds for reversal. No additional pres­ ALASKA NATIVES and still permit the timely completion entation will be allowed except upon a showing satisfactory to the Regional Eligibility, Appeals, Deadline for Amending of the roll of Alaska Natives under the Enrollment Applications A ct o f December 18, 1971, supra. In view Solicitor. of the foregoing, and because advance (c) A copy of each appeal petition The general authority to issue regula­ notice and public procedure are not pos­ and its supporting documents filed by an tions is vested in the Secretary of the sible under the existing time constraints applicant shall be served upon the re­ Interior by 5 U.S.C. section 301, and which also require that the effective date gion and village whose names appear on sections 463 and 465 o f the Revised of the regulations not be deferred, good the decision appealed from. A copy of Statutes (25 UjS.C. sections 2 and 9 ). cause exists and is soiound that advance each appeal petition and its supporting Part 43h, Subchapter P, Chapter I of notice and public procedure and the 30- documents filed by a region shall be Title 25 of the Code o f Federal Regula­ day deferred effective date or any other served upon the applicant for enrollment tions is amended by the addition of para­ deferred effective date otherwise re­ and upon the village whose name appears graph (d) to § 43h.7, the revision of quired by 5 U.S.C. section 553 (b) and on the decision appealed from. A copy § 43h.8, and the addition of § 43h.l4. (d) should be dispensed with under the of each appeal petition and the sup­ The addition of paragraph (d) to exceptions provided in subsections (b) porting documents filed by a village shall §43h.7 is necessary to provide for the (B) and (d) (3) of 5 U.S.C. section 553. be served upon the applicant for enroll­ mailing o f notices o f decisions o f the Therefore this amendment and revision ment and upon the region whose name Coordinator of the Alaska Native Enroll­ shall become effective upon publication appears on the decision appealed from. ment Coordinating Office by registered in the Federal Register. (d) Service shall be made at the or first class mail which is neither certi­ Section 43h.7 is amended by the ad­ time of filing the appeal with the Co­ fied or registered in those instances where dition of the following paragraph: ordinating Office by delivering a copy certified mail service, return receipt re­ of the appeal petition and supporting quested, is not available to an addressee. § 43h.7 Determination of eligibility. documents either in person or by certi­ The time for filing an appeal under * # * * * fied or registered mail, return receipt §43.8 has been changed from 45 to 30 (d) In those instances where certifiedrequested. If certified or registered mail days. This change is necessary in order mail service is not available but regis­ service to an addressee is not available to assure there will be sufficient time to tered mail service is available, as for ex­ service may be made on that addressee decide all appeals in time to complete ample,, mail sent to a foreign address, by sending to that addressee a copy the roll of Alaska Natives by the deadline registered mail, return receipt requested, of the appeal petition and supporting of December 18, 1973, imposed by the will be used to send the notices required documents by first class mail which Act of December 18, 1971, 85 Stat. 688. by this section. If neither certified nor is neither certified nor registered. Section 43h.8 has also been revised to registered mail service is available, as for Service will be considered to have provide for service o f notices o f appeal example, where no post office serves the been made at the time: (1) Of ac­ on applicants, regions and villages by addressee, notices will be sent by first knowledgement; (2) of personal serv­ registered or first class mail which is class mail without certification or regis­ ice; (3) of delivery by certified or regis­ neither certified nor registered where tration. tered mail, return receipt requested; (4) such service cannot be made by certified seven (7) days after the date of mailing mail, return receipt requested The re­ Section 43h.8 is revised to read as fol­ by first class mail which is neither certi­ vision also spells out how proof o f serv­ lows: fied nor registered; or (5) seven (7) ice shall be made with the Regional § 43h.8 Appeals. days after the date of mailing by certi­ Solicitor in light of the fact that certified fied or registered mail, return receipt re­ or registered mail, return reciept re­ (a) Appeals by individuals from ad­ quested, which is returned by the Posted quested, cannot be used in some in­ verse decisions must be in writing and Service undelivered. Within 15 days of stances. Section 43h.8 has also been filed with the Coordinating Office not filing the appeal petition with the Co­ revised to provide that applicants, re­ later than 30 days after the date of re­ ordinating Office, proof of service must gions and villages served with notices ceipt by certified or registered mail, re­ be furnished to the Regional Solicitor. of appeal shall have 15 days from the turn receipt requested, of the notice of This proof may be made by informing date of publication of this regulation in the adverse decision or not later than 37 the Regional Solicitor in writing of the the F ederal R eg ister or 15 days from days after the date o f mailing o f such no­ names of the parties served, whether date of service, whichever is later, to file tice where certified or registered mail service was made personally or by certi­ with the Regional Solicitor their writ­ service to the individual is not available fied, registered, or first class mail which ten views on the appeal. Previously or where any notice is returned to the was neither certified nor registered, and §43h.8 did not make specific provision Coordinator in accordance with postal the address, if mailed, to which copies for an applicant, region or village to re­ regulations. Appeals by regions and vil­ of the appeal petition and supporting spond to a served notice of appeal. lages from the Coordinator’s decisions documents were sent. A party served The new § 43h.l4 sets August 15, 1973, must be in writing and filed with the Co­ with a copy of an appeal petition and as the deadline for making amendments ordinating Office not later than 30 days supporting documents shall have until to enrollment applications or filing after receipt of the notice sent by certi­ August 23, 1973 or 15 days from the date amended applications. Such deadline is fied or registered mail, return receipt re­ of service, whichever is later, in which to required in order to enable the process­ quested, or not later than 37 days after file written views on the appeal with the ing of all applications, including amend­ the date of mailing of such notice where Regional Solicitor. Failure to serve copies ments thereto, to be completed by the certified or registered mail service is not of the appeal petition and its supporting statutory deadline o f December 18, 1973. available or where any notice is returned documents or to file proof of service The revisions with respect to the use of to the Coordinator in accordance with within the time allowed will subject the registered and first class mail which is postal regulations. No appeal of a region appeal to summary dismissal. neither certified or registered and the •r village of a decision made by the Co­ (e) Upon receipt of an appeal peti­ consequent changes in the manner in ordinator before June 28,1973, will be al­ lowed unless a protest has been filed tion, the Coordinator will forward the which proof o f service shall be made are petition, with all records pertaining compelled because of the unavailability within the 30-day period provided by of certified mail service in some in­ § 43h.6(g). thereto, to the Regional Solicitor. stances. The 30-day appeal period, the (b) Each appeal from a decision on Determination on appeals will be made 15-day period provided applicants, re- an application for enrollment shall be by the Regional Solicitor on behalf of

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21404 RULES AND REGULATIONS

the Secretary and shall be final. The manner his authority to carry out his Title 41— Public Contracts and Property applicant and the appropriate village functions and responsibilities. Management and region shall be notified in writing Dated July 31,1973. CHAPTER 1— FEDERAL PROCUREMENT of the determination of the Regional REGULATIONS Solicitor. E l l io t R ichardson , Section 43h.l4 is added to Part 43h and Attorney General. [FPR Arndt. 115] it reads as follows: [PR Doc.73-16372 Piled 8-7-73;8:45 am] LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION § 43h.l4 Deadlines for amending en­ rollment applications.- Title 33— Navigation and Navigable Waters This amendment of the Federal Pro­ Amendments to enrollment applica­ curement Regulations adds a new Sub­ CHAPTER II— CORPS OF ENGINEERS, part 1-18.7, Labor Standards for Con­ tions, or amended applications, will not DEPARTMENT OF THE ARMY be considered originally or on appeal tracts Involving Construction. Essen­ unless filed (received by the Enrollment PART 207— NAVIGATION REGULATIONS tially, new Subpart 1-18.7 includes all the Office) on or before August 15, 1973. All Taylor Creek, Fla. material formerly in Subpart 1-12.4 and new and expanded coverage of labor such amendments or amended applica­ Pursuant to the provisions of Section tions received subsequent to August 15, standards under Federal construction 7 of the River and Harbor Act of Au­ contracts. This change consolidates this 1973, will be returned to the applicant gust 8, 1917 (40 Stat. 266; 33 U.S.C. 1) material with other materials in Part without action. § 207.170d is hereby prescribed establish­ 1-18 specifically dealing with the pro­ K en t F r iz z e l l , ing and governing the operation of a curement o f construction. New material Secretary lock across the entrance to Taylor Creek, of the Interior. included in the new Subpart 1-18.7 re­ Okeechobee, Florida. lates to wage and fringe benefits deter­ A u gu st 3, 1973. Since this regulation is local in nature minations issued by the Department of [PR Doc.73-16380 Piled 8-7-73;8:45 am] and the U.S. Army Engineer District, Labor for inclusion in contracts involv­ Jacksonville, has provided notice and op­ ing construction, to the administration Title 2 8 — Judicial Administration portunity for local participation in this and enforcement of labor standards for rule making, the Secretary of the Army such contracts, and to revised and new CHAPTER I— DEPARTMENT OF JUSTICE has found that notice of proposed rule contract clauses regarding apprentice [Order No. 531-73] making and public procedures thereto and trainee employment requirements. PART 0— ORGANIZATION OF THE are unnecessary and that good cause The sections on apprentices and trainees DEPARTMENT OF JUSTICE exists for making this regulation effec­ have been revised to incorporate ma­ tive on September 7, 1973, as follow s: SUBPART G—1— OFFICE OF WATERGATE terial which will promote the full realiza­ SPECIAL PROSECUTION FORCE § 207.170d Taylor Creek, navigation tion of training opportunities oh con­ lock (S -193) across the entrance to struction programs. In addition, the Clarification of Authority of Special amendment makes miscellaneous related Prosecutor Taylor Creek at Lake Okeechobee, Okeechobee, Fla.; use, administra­ editorial changes in Part 1-12 and adds The purpose of this order is to clarify tion and navigation. a new Subpart 1-12.12 to reference the the Special Prosecutor’s authority with Williams -Steiger Occupational Safety respect to matters generally assigned to (a) The owner of or agency control­ and Health Act o f 1970. Ids responsibility. See Department of ling the lock shall not be required to op­ Justice Order Nos. 517-73,518-73, 525-73. erate the navigation lock except from PART 1—12— -LABOR By virtue of the authority vested in 5:30 a.m. to 8:00 p.m. daily. During the The table o f contents for Part 1-12 is me by 28 U.S.C. 509, 510, and 5 U.S.C. above hours the lock shall be opened amended to delete the entries for Subpart 301, § 0.38 of Subpart G -l of Part 0 upon demand for the passage of vessels. 1-12.4, to provide that Subpart 1-12.4 is of Chapter I of Title 28, Code of Federal (b) The owner of the lock shall place reserved, and to add new entries for Sub­ Regulations is amended to read as signs, of such size and description as may part 1- 12.12, as follows: be designated by the District Engineer, follow s: U.S. Army Engineer District, Jackson­ Subpart 1-12.4— [Reserved] § 0.38 Specific functions. ville, Florida at each side of this lock in­ Subpart 1-12.12—Williams-Steiger Occupational The Special Prosecutor is assigned and dicating the nature of the regulations of Safety ami Health Act of 1970 delegated the following specific functions 1-12.1201 Basic statute. this section. 1- 12.1202 Regulations and rulings on appli­ with respect to matters specified in this [Regs., July 17, 1973, 1522-01 (Taylor Creek, cability or interpretation. Subpart: Fla.) DAEN-CWO-N] (Sec. 7, 40 Stat. 266; (a) Pursuant to 28 U.S.C. 515(a), to 38 TJJ3.C. 1) Subpart 1-12.4 is revised to delete the conduct any kind of legal proceeding, For the Adjutant General. caption and the text of the subpart and civil or criminal, including grand jury to provide that the subpart is reserved. proceedings, which United States attor­ R . B . B elnap, neys are authorized by law to conduct, Special Advisor to TAG. Subpart 1—12.4— [Reserved] and to designate attorneys to conduct [FR Doc.73-16371 Filed 8-7-73;8:45 am] Subpart 1-12.12 is added, as follows: such legal proceedings. (b) To approve or disapprove the pro­ Subpart 1-12.12— 'Williams-Steiger Occu­ duction or disclosure of information or Title 36— Parks, Forests, and Memorials pational Safety and Health Act of 1970 files relating to matters within his cog­ CHAPTER II— FOREST SERVICE, § 1—12.1201 Basic statute. nizance in response to a subpoena, order, DEPARTMENT OF AGRICULTURE The Williams-Steiger Occupational or other demand of a court or other au­ PART 221— TIMBER thority. (See Part 16(B) of this chapter.) Safety and Health A ct o f 1970 (29 U.S.C.. (c) To apply for and to exercise the Requirements in Use of National Forest 651-678) provides for the establishment authority vested in the Attorney General Timber and enforcem ent o f occupational safety under 18 U.S.C. 6005 relating to immu­ Correction and health standards; for the training of nity of witnesses in Congressional employers, employees, and others in the proceedings. In FR Doc.73-15676 appearing at 20326 in the issue o f Tuesday, July 31, 1973, in field of occupational safety and health; The listing of these specific functions the second line of the seventh paragraph, for the participation of the States; and is for the purpose of illustrating the au­ for recordkeeping. The Act applies to an thority entrusted to the Special Prose­ the word “proper” should read cutor and is not intended to limit in any “proposed”. employees unless otherwise exempted;

FEDERAL REGISTER, V O L 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21405 who are employed in a business that af­ Sec. that are subject to the provisions of the fects interstate commerce. 1-18.704-6 Formal advertising without a Railway Labor Act. wage determination. § 1-12.1202 Regulations and rulings on 1-18.704-7 Modifications of wage determi­ (b) Under contracts for construction applicability o f interpretation. nations. as described in § 1-18.701-1(a), the re­ 1-18.704-8 Wage determinations appeals. quirements of this subpart apply only to Regulations relating generally to occu­ 1-18.705 Administration and enforce­ work performed by mechanics and la­ pational safety and health standards ap­ m ent. borers at the site of the work. pear in 29 CFR Part 1910. Those relating 1-18.705-1 P olicy. (1) “Mechanics and laborers” are particularly to construction appear in 1-18.705-2 Wages, fringe benefits, and over­ construed to include at least those work­ tim e. 29 C E R 1926, and solicitations for offers ers whose duties are manual or physical in the construction field should reference 1-18.705-3 Additional classifications. 1-18.705-4 Apprentices and trainees. in nature as distinguished from mental the Occupational Safety and Health 1-18.705-5 Subcontracts. or managerial whether employed by a Standards as set forth therein. Contrac­ 1-18.705-6 Payrolls and statements. prime contractor or by a subcontractor tors or contractor employees who inquire 1-18.705-7 Posting wage determinations. of any tier., The term Includes any work­ concerning the applicability or interpre­ 1-18.705-8 Investigations. ers who work with tools or equipment or tation of the Williams-Steiger Act or 1-18.705-9 Suspensions and deductions of perform the work of a trade, apprentices standards and regulations issued there­ contract payments. 1-18.705-10 Reports. and trainees, and, in the case of con­ under should be advised that these mat­ 1-18.705-11 Contract terminations. tracts subject to the Contract Work ters fall within the jurisdiction of the 1-18.705-12 Cooperation with the Depart­ Hours and Safety Standards Act, watch­ Department o f Labor and should be given ment of Labor . men and guards. The term does not the address of the appropriate regional 1-18.705-13 Review of recopamendatlons for apply to employees whose duties are non- or area office of the Occupational Safety an appropriate adjustment in manual in nature, such as office workers, and Health Administration of the De­ liquidated damages under the superintendents, technical engineers, or partment of Labor. ’ Contract Work Homs and scientific workers, but it does apply to Safety Standards Act. 1-18.706 Disposition of disputes arising cooks, storekeepers, and working fore­ men who devote more than 20 percent of PART 1-16— -PROCUREMENT FORMS out of construction contracts labor standards enforcement. their time during a workweek to me­ Subpart 1-16.4— Forms for Advertised chanic or laborer duties. Construction Contracts Subpart 1-18.7 is added which reads as (2) The “site of the work” is limited follow s: Section 1-16.401 is amended, as fo l­ to the physical place or places where the lows: Subpart 1—18.7— Labor Standards for construction called for in the contract Contracts Involving Construction will remain when work on It has been § 1—16.401 Forms prescribed. completed and to other adjacent or ♦ * * ♦ * § 1—18.700 Scope of subpart. nearby property used by the contractor (b) Standard Form 19-A, April 1965 This subpart sets forth the labor or subcontractor in such construction edition, Labor Standards Provisions— standards applicable to construction con­ which can reasonably be said to be in­ Applicable to Contracts in Excess of tracts, including policies, procedures, and cluded in the “site” because of prox­ $2,000. Pending the publication of a new contract clauses, and indicates the statu­ imity. For example, if a small office edition of the form, the provisions of tory basis for these standards. building is being erected, the “site of Standard Form 19-A are deleted and the § 1—18.701 Applicability. the work” will normally include no more clauses prescribed by § 1-18.703-1 are than the building itself and its grounds The requirements of this Subpart 1- and other laj^d, or structures “down the substituted therefor. 18.7 apply to contracts f ir construction ♦ * * * ♦ block” or “across the street” which the and, under some circumstances, to other contractor or subcontractor uses In the types of contracts involving construction. course of his performance on the par­ PART 1 -1 8 — PROCUREMENT OF § 1—18.701—1 Construction contracts. ticular contract. In the case of larger CONSTRUCTION contracts such as for a large building, (a) A contract is for construction if it an airport, or a dam, the “site of the The table of contents for Part 1-18 is is solely or predominantly for construc­ amended to add new entries, as follows: work” is necessarily more extensive and tion as defined in § 1-18.101-1. includes , the whole area In which the S u bpart 1-18.7-— Labor Standards for Contracts (1) These requirements are applicable Involving Construction contract construction activity will take only if the construction work is, or rea­ place. Fabrication plants, “mobile fac­ Sec. sonably can be foreseen to be, performed tories,” batch plants, borrow pits, job 1 -18.700 Scope of subpart. at a particular site so that wage rates 1-18.701 Applicability. headquarters, and tool yards are part of can be determined for the locality. the “site of the work” provided they are 1 -1 8 .7 0 1 -1 Construction contracts. (2) These requirements do not apply 1 -1 8 .7 0 1 -2 Supply, service, maintenance, or dedicated exclusively or nearly so to per­ other contracts involving con­ to contracts solely for dismantling, dem­ formance on the contract and are so stru ction . olition, or removal of improvements, located in proximity to the actual con­ 1-18.702 Statutory and regulatory re­ though certain of the statutes mentioned struction location that it would be rea­ quirements. herein may apply to such contracts. sonable to include them. Once the limits 1 -1 8 .7 0 2 -1 Davis-Bacon Act. (3) These requirements do not apply 1 -1 8 .7 0 2 -2 Copeland Act. of “site of the work” have been deter­ to contracts requiring construction work mined, the Secretary’s wage rate decision 1 -1 8 .7 0 2 -8 Contract Work Hours and Safety which is so closely related to research, Standards A ct. is applicable only to those mechanics and 1 -1 8 .7 0 2 -4 Department of Labor regula­ experiment, and development that it laborers employed by a contract or sub­ tions. cannot be performed separately or which contractor within such limits (that is, 1 -18.703 Contract clauses. is itself the subject of research, experi­ upon the “site of the work”), including 1 -1 8 .7 0 3 -1 Clauses for general use. ment, or development. drivers who temporarily leave the “site” 1 -1 8 .7 0 3 -2 Contracts with a State or politi­ (4) These requirements apply to man­ to transport materials and equipment cal subdivision. ufacture or fabrication of materials and used in the course of contract operations. 1 -1 8 .7 0 3 -8 Overseas contracts. components on the site by a construction 1-1 8 .7 0 4 Wage determinations. § 1—18.701—2 Supply, service, mainte­ 1 -1 8 .7 0 4 -1 General. contractor or subcontractor under a con­ tract otherwise subject to these require­ nance, or other contracts involving 1 -1 8 .7 0 4 -2 Types of wage determinations. construction. 1 -1 8 .7 0 4 -3 Procedure for requesting deter­ ments but do not apply to other manu­ m inations. facturing or furnishing of equipment, (a) The requirements of this Subpart 1 -1 8 .7 0 4 -4 Hates to be Included In solicita­ components, or other materials. 1-18.7 do not ordinarily apply to sup­ tions. (5) These requirements do not apply ply, service, maintenance, research and 1 -1 8 .7 0 4 -5 Wage determinations In solici­ to employees of railroads operating development, or other nonconstruction tations and awards. under collective bargaining agreements contracts. However, contracts predomi-

FEDERAL REGISTER, VOL. 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 No. 152— 4 21406 RULES AND REGULATIONS nantly for nonconstruction work may excess of $2,000 for painting o f any public § 1—1 8 .7 0 2 —4 D epartm ent o f Labor reg- also involve construction work. Con­ building or public work, whether per­ u lations. struction items under such contracts are formed in connection with the original Pursuant to the statutes referred to not exempted from the requirements of construction or as regular maintenance, in this § 1-18.702 and Reorganization this subpart simply because the work is are subject to the labor standards pro­ Plan No. 14 o f 1950 (3 CFR, 1949-53 to be performed under a contract which visions for construction contracts. Comp., p. 1007), the Secretary of Labor also requires, for example, the furnish­ § 1—18.702 Statutory and regulatory re­ has issued regulations in Parts 1, 3, 5, ing of supplies. On the other hand, where quirements. 5a, and 7 o f Title 29, Subtitle A, Code of construction work is to be performed in § 1—18.702—Î Davis-Bacon Act. Federal Regulations, providing for the support of other work such as manufac­ administration and enforcem ent of those turing and furnishing of supplies, the The Davis-Bacon Act (Act of March 3, statutes in construction contracts. The circumstances may be such that the con­ 1931, as amended (40 U.S.C. 276ar-276a- Secretary’s regulations cover the follow­ struction work may be so merged with 7) ), provides that certain contracts over ing wage determination procedures: Du­ nonconstruction activity or may be so $2,000 entered into by any executive ties of contractors on Government-fi­ fragmented in terms of the locations agency for construction, alteration, or re­ nanced public buildings; labor standards or time spans in which it is to be per­ pair (including painting and decorating) fo r construction contracts; standards formed that it cannot be segregated as of public buildings or public works with­ for ratios of apprentices and trainees to a separate contractual requirement for in the United States shall contain a pro­ journeymen; and wage determination re­ construction, alteration, or repair of a vision (see § 1-18.703-1 (a) ) to the effect view procedures. public building or public work. Gener­ that no laborer or mechanic employed ally, the requirements apply to, and the directly upon the site of the work con­ § 1—18.703 Contract clauses. appropriate clauses in § 1-18.703-1 must templated by the contract shall receive § 1—18.703—1 Clauses for general use. be included in, a prime contract if : less than the prevailing rates of wages (1) The contract contains specific Except as provided in § 1-18.703-2, as determined by the Secretary of Labor. every construction contract in excess of requirements for substantial amounts of The term “wages” as used in the Davis- $2,000 (or of such other amount as may construction work, or it is ascertainable Bacon Act includes the basic hourly rate at the contract date that a substantial of pay, the rate of contribution irre­ be specifically indicated) for work within amount of construction work will be the United States shall include the fol­ vocably made by an employer pursuant lowing clauses: necessary for the performance of the to a fund, plan, or program, and the contract. The word “substantial” relates (a) Davis-Bacon A ct (40 U.S.C. 276a- rate of costs to the employer which may 276ar-7). to the type and quantity of construction be reasonably anticipated hi providing work to be performed and not merely to certain bona fide fringe benefits. Davis-Bacon Act (40 U.S.C. 276a-276a-7) the total value of construction work as § 1—18.702—2 Copeland Act. (a) All mechanics and laborers, including compared to the total value of the con­ apprentices and trainees, employed or work­ tract; and The Copeland (“Anti-kickback”) Act ing directly upon the site of the work shall (2) Such construction work is physi­ (18 U.S.C. 874 and 40 U.S.C. 276c) makes be paid unconditionally and not less often cally or functionally separate from and, it unlawful to induce, by force or other­ than once a week, and without subsequent as a practical matter, is capable of being wise, any person employed in the con­ deduction or rebate on any account (except such payroll deductions as are permitted by performed on a segregated basis from the struction, prosecution, completion, or re­ the Copeland Regulations, 29 CFR Part 3), other work required by the contract. pair of public buildings, public works, or the full amounts due at time of payment (b) The standard clause&provide that buildings, or works including those fi­ computed at wage rates not less than the ag­ they will be applicable to^fhe contract nanced in whole or in part by loans or gregate of the basic hourly rates and the work only to the extent that such work grants from the United States, to give rates of payments, contributions, or costs is subject to the labor standards statutes up any part of the compensation to for any fringe benefits contained in the wage involved. Under contracts requiring sub­ which he is entitled under his contract determination decision of the Secretary of stantial amounts of segregable construc­ Labor which is attached hereto and made a of employment. In accordance with regu­ part hereof, regardless of any contractual re­ tion work, only such segregable construc­ lations of the Secretary of Labor is­ lationship which may be alleged to exist be­ tion will be covered. sued pursuant to the Copeland Act, cer­ tween the Contractor or subcontractor and (1) For example, the requirements do tain contracts entered into by any ex­ such laborers and mechanics. A copy of such not apply to installation, maintenance, ecutive agency shall contain a provi­ wage determination decision shall be kept and alteration work incidental to fur­ sion (see § 1-18.703-1 (e) ) to the effect posted by the Contractor at the site of the nishing supplies under a supply contract; that the contractors and any subcon­ work in a prominent place where it can be however, if a substantial and segregable tractor shall comply with the regulations easily seen by the workers. amount of construction, alteration, or (b) The Contractor may discharge his ob­ of the Secretary of Labor under the Act. ligation under this clause to workers in any repair work at the site is required, such classification for which the wage determina­ as for installation of heavy generators § 1—18.702—3 Contract Work Hours and Safety Standards Act. tion decision contains: and large refrigerator systems or for (1) Only a basic hourly rate of pay, by plant modification or rearrangement, the In accordance with the requirements making payment at not less than such basic labor standards for construction con­ of the Contract Work Hours and Safety hourly rate, except as otherwise provided in tracts apply to the construction work Standards Act (40 U.S.C. 327-333), cer­ the Copeland Regulations (29 CFR Part 3): at the site. tain contracts entered into by any ex- or (2) Both a basic hourly rate of pay and (2) Contracts for maintenance or ecùtive agency must contain a clause (see fringe benefits payments, by making payment service are not ordinarily subject to the § 1-18.703-1 (b)) to the effect that no in cash, by irrevocably making contributions requirements of this subpart. Mainte­ laborer or mechanic doing any part of the pursuant to a fund, plan, or program for, nance indudes the routine, recurring work contemplated by the contract shall and/or by assuming an enforceable commit­ type of work necessary to keep a facility be required or permitted to work more ment to bear the cost of, bona fide fringe in such condition that it may be con­ than 8 horns in any one calendar day or benefits contemplated by the Davis-Bacon tinuously used at an established capacity 40 hours in any workweek unless such Act, or by any combination thereof. Contri­ butions made, or costs assumed, on other and efficiency for its intended purpose. laborer or mechanic is compensated at than a weekly basis shall be considered as However, if such maintenance or service not less than one and one-half times his having been constructively made or assumed contracts call for substantial and segre­ basic rate of pay for all hours worked in during a weekly period to the extent that excess of 8 hours in any one calendar day they apply to such period. Where a fringe gable items of construction, alteration* or 40 hours in any workweek. The work­ benefit is expressed in a wage determination or repair, the labor standards provisions men will be paid according to the cal­ in any manner other than as an hourly rate for construction contracts will be ap­ culation which represents the greater and the Contractor pays a cash equivalent plicable to those items. All contracts in number o f overtime hours. or provides an alternative fringe benefit, he

FEDERAL REGISTER. V O L 38. N O . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21407

shall furnish information -with his payrolls any work under this contract to work in ex­ person receiving on-the-job training in a showing hoW he determined that the cost cess of 8 hours in any calendar day or In construction occupation under a program incurred to make the cash payment or topro- excess of 40 hours in such workweek on work which is approved (but not necessarily spon­ vide the alternative fringe benefit is equal subject to the provisions of the Contract sored) by the UB. Department of Labor, to the cost of the wage determination fringe Work Hours and Safety Standards Act unless Manpower Administration, Bureau of Ap­ benefit. In any case where the Contractor such laborer or mechanic, including appren­ prenticeship and Training, and which is re­ provides a fringe benefit different from any tices, trainees, watchmen, and guards, re­ viewed from time to time by the Manpower contained in the wage determination, he ceives compensation at a rate not less Administration to insure that the training shall simalarly show how he arrived at the than one and one-third times his basic meets adequate standards. hourly rate shown therefor. In the event of rate of pay for all such hours worked in ex­ (c) In connection with contracts in excess disagreement between or among the inter­ cess of 8 hours In any calendar day or in of $10,000 the Contractor agrees as follows: ested parties as to an equivalent of any fringe excess of 40 hours in such workweek, which­ (1) The Contractor shall make a diligent benefit, the Contracting Officer shall submit ever is the greater number of overtime hours. effort to hire for performance of work under the question, together with his recommenda­ The “ basic rate of pay,” as used in this clause, this contract a number of apprentices or tion, to the Secretary of Labor for final de­ shall be the amount paid per hour, exclusive trainees, or both, in each occupation, which termination. of the Contractor’s contribution or cost for bears to the average number of the journey­ (c) The assumption of an enforceable com­fringe benefits, and any cash payment made men in that occupation to be employed in mitment to bear the cost of fringe benefits, in lieu of providing fringe benefits, or the the performance of the contract the appli­ or the provision of any fringe benefits not basic hourly rate contained in the wake de­ cable ratio as set forth in paragraph (c) (7) expressly listed in section 1(b)(2) of the termination, whichever is greater. of his clause. Davis-Bacon Act or in the wage determina­ (b) In the event of any violation of the (2) The Contractor shall insure that 25 tion forming a part of the contract, may be provisions of paragraph (a), the Contractor percent of such apprentices or trainees in considered as payment of wages only with shall be liable to any affected employee for each occupation are in their first year of the approval of the Secretary of Labor pur­ any amounts due, and to the United States for training, where feasible. Feasibility here in­ suant to a written request by the Contractor. liquidated damages. Such liquidated dam­ volves a consideration of (i) the availability The Secretary of Labor may require the Con­ ages shah be computed with respect to each of training opportunities for first year ap­ tractor to set aside assets, in a separate ac­ individual laborer or mechanic, including an prentices, (ii) the hazardous nature of the count, to meet his obligations under any apprentice, trainee, watchman, or guard, em­ work for beginning workers, and (iii) exces­ unfunded plan or program. ployed in violation of the provisions of para­ sive unemployment of apprentices in their (d) The Contracting Officer shall requiregraph (a) in the sum of $10 for each calendar second and subsequent years of training. that any class of laborers or mechanics, in­ day on which such employee was required (3) The Contractor shall, during the per­ cluding apprentices and trainees, which is or permitted to be employed on such work in formance of the contract, to the greatest not listed in the wage determination deci­ excess of 8 hours or in excess of the stand­ extent possible, employ the number of ap­ sion and which is to be employed under the ard workweek of 40 hours without payment prentices or trainees necessary to meet contract shall be classified or reclassified of the overtime wages required by para­ currently the requirements of paragraphs conformably to the wage determination de­ graph (a ). (c) (1) and (c) (2) of this clause. cision, and shall report the action taken to (4) The Contractor shall maintain records the Secretafy of Labor. If the interested par­ (c) Apprentices and trainees. of employment on this contract by trade of ties cannot agree on the proper classification the number of apprentices and trainees, ap­ Apprentices and Trainees , or reclassification of a particular class of prentices and trainees in first year of train­ I laborers or mechanics to be used, the Con­ (a) Apprentices shall be permitted to work ing, and of journeymen, and the wages paid tracting Officer shall submit the question, as such only when they are registered, in­ and the hours of work of such apprentices, together with his recommendation, to the dividually, under a bona fide apprenticeship trainees, and journeymen, in addition, the Secretary of Labor for final determination. program registered with a State apprentice­ Contractor who claims compliance based on Apprentices and trainees may be added ship agency which is recognized by the Bu­ the criterion set forth in paragraph (c) (6) under th is clause only where they are em­ reau of Apprenticeship and Training, U.S. (11) of this clause shall maintain such rec­ ployed pursuant to an apprenticeship or Department of Labor; or if no such recog­ ords of employment on all his construction trainee program meeting the requirements of nized agency exists in a State, under a pro­ work in the same labor market area, both the Apprentices and Trainees clause below. gram registered with the aforesaid Bureau of public and private, during the performance (e) In the event it is found by the Con­ Apprenticeship and Training. The allowable of this contract. In each of the above cases tracting Officer that any laborer or m echanic, ratio of apprentices to journeymen in any the Contractor shall make such records including apprentices and trainees, employed craft classification shall not be greater than available for inspection upon request of the by the Contractor or any subcontractor di­ the ratio permitted to the Contractor as to Department of Labor qr the Contracting rectly on the site o f the work covered by this his entire work force under the registered Officer. contract has'been or is being paid at a rate program. Any employee listed on a payroll (5) The Contractor shall supply one copy of wages less than the rate o f wages required at an apprentice wage rate who is not a of each of the written notices required in ac­ by paragraph (a) of this clause, the Con­ trainee as defined in paragraph (b) of this cordance with paragraph (c) (6) (iii) of this tracting Officer may ( i ) by w ritten notice to clause, and who is not registered as above, clause at the request of the Contracting Of­ the Government Prime Contractor terminate shall be paid the wage rate determined by ficer. The Contractor also agrees to supply.at his right to proceed with the work, or such the Secretary of Labor for the classification 3-month intervals during the performance part of the work as to which there has been of work he actually performed. The Contrac­ of the contract and after completion of con­ a failure to pay said required wages, and tor shall furnish to the Contracting Officer tract performance a statement describing (2) prosecute the work to completion by written evidence of the registration of his steps taken toward making a diligent effort contract or otherwise, whereupon such Con­ program and apprentices, as well as of the and Containing a breakdown by craft, of tractor and his sureties shall be liable to th e appropriate ratios allowed and the wage rates hours worked and wages paid for first year Government for any excess costs occasioned required to be paid thereunder for the area of apprentices and trainees, other apprentices the Government thereby. construction, prior to using any apprentices and trainees, and journeymen. One copy of (f) Paragraphs (a) through (e) of the in the contract work. The term “apprentice” the statement will be sent to the Contract­ clause shall apply to this contract to the means (1) a person employed and individ­ ing Officer and one copy to the Secretary of extent that it is (1) a prime contract with ually registered in a bona fide apprenticeship Labor. the Government subject to the Davis-Bacon program registered with the U.S. Department (6) The Contractor will be deemed to have Act, or (2) a subcontract also subject to the of Labor, Bureau of Apprenticeship and Davis-Bacon Act under such prim e contract. made a ‘.‘diligent effort as required by para­ Training, or with a State apprenticeship graph (c) (1) if during the performance of (b) Contract Work Hours and Safety agency recognized by the Bureau, or (2) a this contract, he accomplishes at least one Standards Act—Overtime Compensation person in his first 90 days of probationary of the following three objectives: (i) The employment as an apprentice in such an ap­ (iOI/.S.C. 327- 333). Contractor employs under this contract a prenticeship program, who is not individually number of apprentices and trainees by craft, Contract Work Hours and Safety Standards registered in the program, but who has been at least equal to the ratios established in Act—Overtime Compensation (40 U.S.C. certified by the Bureau of Apprenticeship and accordance with paragraph (c) (7) of this 327-333) Training, or a State Apprenticeship Council clause, or (ii) the Contractor employs, on all This contract is subject to the Contract (where appropriate) to be eligible for pro­ his construction work, both public and pri­ Work Hours and Safety Standards Act and bationary employment as an apprentice. vate, in the same labor market area, an aver­ to the applicable rules, regulations, and in­ (b) Trainees shall be permitted to work age number of apprentices and trainees by terpretations of the Secretary of Labor. as such when they are bona fide trainees craft at least equal to the ratios established (a) The Contractor shall not require or employed pursuant to a program approved in accordance with paragraph (c) (7) of this permit any laborer or mechanic, including by the U.S. Department of Labor, Manpower clause, or (ill) the Contractor (A) if covered apprentices, trainees, watchm en, and guards, Administration, Bureau of Apprenticeship by a collective bargaining agreement, before to any workweek in w hich he is em ployed on and Training. The term “trainee” means a commencement of any work on the project,

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21408 RULES AND REGULATIONS has given written potice to all joint appren­ (b) The Contractor shall submit weekly and Safety Standards Act—Overtime Com­ ticeship committees, the local D.S. Employ­ a copy of all payrolls to the Contracting Offi­ pensation,” “Apprentices and Trainees,” ment Security Office, local chapter of the cer. The Government Prime Contractor shall “Payrolls and Basic Records,” “Compliance Urban League, Workers Defense League, or be responsible for the submission of copies with Copeland Regulations,” “Withholding ether local organizations concerned jwith of payrolls of all subcontractors. The copy of Funds,” and “Subcontracts” may be minority employment, and the Bureau of shall be accompanied by a statement signed grounds for termination of the contract, and Apprenticeship and Training Representative, by the Contractor indicating that the pay­ for debarment as provided in 29 CFR 5.6. U.S. Department of Labor, for the locality of rolls are correct and complete, that the wage the work; (B) if not covered by a collective rates contained therein are not less than (i) Disputes concerning labor bargaining agreement, has given written those determined by the Secretary of Labor, standards. notice to all of the groups stated above, and that the classifications set forth for each Disputes Concerning Labor Standards except joint apprenticeship committees, and laborer or mechanic, including apprentices and trainees, conform with the work he per­ Disputes arising ou t o f the labor standards will in addition notify all non-joint appren­ provisions of this cpntract shall be subject to ticeship sponsors in the labor market area; formed. Submission of the “Weekly State­ ment of Compliance” required under this the Disputes clause except to the extent such (C) has employed all qualified applicants disputes involve the meaning of classifica­ referred to him through normal channels contract and the Copeland Regulations of. the Secretary of Labor (29 CFR Part 3 ) shall tions or wage rates contained in the wage de­ (such as the Employment. Service, the Joint termination decision of the Secretary of La­ Apprenticeship Committees, and, where ap­ satisfy the requirement for submission of the above statement. The Contractor shall bor or the applicability of the labor provi­ plicable, minority organizations and appren­ sions of the contract which questions shall tice outreach programs who have been dele­ submit also a copy of any approval by the Secretary of Labor with respect to fringe be referred to the Secretary of Labor in ac­ gated this function) at least up to the cordance with the procedures of the Depart­ number of such apprentices and trainees benefits which is required by paragraph (c) ment of Labor. required by paragraph (c) (7) of this clause. of the clause entitled “Davis-Bacon Act.” The notice, as referred to herein, will include (c) The Contractor shall make the rec­ § 1—18.703—2 Contracts with a State or at least the Contractor’s name and address, ords required under this clause available for political subdivision. the agency designation, the contract num­ inspection by authorized representatives of ber, job site address, value of the contract, the Contracting Officer and the Department In the case o f construction contracts expected starting and completion dates, the of Labor, and shall permit such representa­ with a State or political subdivision estimated average number of employees in tives to interview employees dining working thereof, the contract clauses required by each occupation to be employed over the hours on the job. § 1-18.703-1 shall be inserted therein but duration of the contract work, and a state­ shall be prefaced by the following ment of his willingness to employ a number (e) Compliance with Copeland Regu­ of apprentices and trainees at least equal lations. provision: to the ratios established in accordance with Compliance With Copeland Regulations The Contractor agrees to comply with the paragraph (c) (7) of this clause. requirements of the Contract Work Hours (7) The Contractor recognizes that the The Contractor shall comply with the and Safety Standards Act, and to insert the Secretary of Labor has determined that the Copeland Regulations of the Secretary óf following clauses in all subcontracts here­ applicable ratios of apprentices and trainees Labor (29 CFR Part 3) which are incorpo­ under with private persons or firms. to journeymen in any occupation for the rated herein by reference. § 1—18.703—3 Overseas contracts. purpose of this clause shall be as follows: (i) (f) Withholding of funds. In any occupation the applicable ratio of Every construction contract in excess Withholding op Funds. apprentices and trainees to journeymen shall of $2,000 for work outside the United be equal to the predominant ratio for the (a) The Contracting Officer may withhold occupation in the area where the construc­ States, but which is nevertheless subject or cause to be withheld from the Govern­ to the Contract Work Hours and Safety tion is being undertaken, set forth in collec­ ment Prime Contractor so much of the ac­ tive bargaining agreements, or other em­ crued payments or advances as may be con­ Standards Act as set forth in § 1- ployment agreements, and available through sidered necessary (1) to pay laborers and 12.302(d), shall include the clause in the Bureau of Apprenticeship and Training mechanics, including apprentices, trainees, § 1-12.303. Standard Form 19-A should Representative, U.S. Department of Labor, watchmen, and guards employed by the Con­ not be used in such contracts (see for the applicable area; (ii) for any occupa­ tractor or any subcontractor on the work, the § 1-16.402). tion for which no ratio is found, the ratio of full amount of wages required by the con­ apprentices and trainees to journeymen shall tract, and (2) to satisfy any liability of any § 1—18.704 Wage determinations. be determined by the Contractor in accord­ Contractor and subcontractor for liquidated § 1-18.704-1 General. ance with the recommendations set forth in damages under paragraph (b) of the clause the Standards of the National Joint Appren­ entitled “Contract Work Hours and Safety Wage determinations reflecting the tice Committee for the occupation, which are Standards Act—Overtime Compensation.” prevailing wages, including fringe bene­ on file at offices of the U.S. Department of (b) If any Contractor or subcontractor fits, for laborers and mechanics in a Labor’s Bureau of Apprenticeship and Train­ fails to pay any laborer, mechanic, appren­ ing; and (ill) for any occupation for which particular area are issued by the Depart­ tice, trainee, watchman, or guard employed ment of Labor. See 29 CFR Part 1 for no such recommendations are found, the or working on thè site of the work, all or part ratio of apprentices and trainees to journey­ of the wages required by the contract, the Department of Labor regulations deal­ men shall be at least one apprentice or Contracting Officer may, after written notice ing with questions relating to determina­ trainee for every five journeymen. to the Government Prime Contractor, take tion procedures. (d ) Payrolls and basic records. such action as may be necessary to cause suspension of any further payments or ad­ § 1—18.704—2 Types of wage determina­ tions. Payrolls and Basic R ecords vances until such violations have ceased. (a) The'Contractor shall maintain payrolls (g) Subcontracts. (a) A general or area wage determina­ and basic records relating thereto during the tion is published in the F ederal R egister course of the work and shall preserve them Subcontracts for use by all Government agencies and for a period of 3 years, thereafter for all The Contractor agrees to insert the clauses provides wage rates for all contracts for laborers and mechanics, including appren­ hereof entitled “Davis-Bacon Act,” “Contract the types of construction designated in tices, trainees, watchmen, and guards work­ Work Hours and Safety Standards A ct- the determination which may be awarded ing at the site of the work. Such records shall Overtime Compensation,” “Apprentices and within a given geographical area. These contain the name and address of each such Trainees,” “Payrolls and Basic Récords,”. general or area wage determinations employee, his correct classification, rate of “Compliance with Copeland Regulations,” pay (including rates of contributions for, “Withholding of Funds,” “Subcontracts,” and contain no expiration date and shall be or costs assumed to provide, fringe benefits), “Contract Termination—Debarment”“ in all modified and the modifications published daily and weekly number o f. hours worked, subcontracts. The term “Contractor” as used in the F ederal R eg ister on a timely deductions made and actual wages paid. in such clauses in any subcontract shall be basis to keep them current. Whenever the Contractor has obtained ap­ deemed to refer to the subcontractor except . (b) A project area or installation proval from the Secretary of Labor as pro­ in the phrase “Government Prime (54A). determination is issued for use by vided in paragraph (c) of the clause entitled Contractor.” “Davis-Bacon Act,” he shall maintain records the requesting Federal agency and pro­ which show the commitment, its approval, (h) Contract termination— debarment. vides wage rates for all contracts for written communication of the plan or pro­ Contract T ermination—Debarment work described in the determination gram to the laborers or mechanics affected, and the costs anticipated or incurred under A breach of the clauses hereof entitled which may be awarded at an installation the plan or program. “Davis-Bacon Act,” "Contract Work Hours or within a given geographical area (us-

FEDERAL REGISTER, VOL 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21409

Standards Administration are set forth Regional Administrator, Employment uajly a county) during the life of the Standards Administration, U.S. Department determination. This type o f determina­ below: Boston R egion of Labor, 2008 Smith Tower, 506 Second Ave­ tion is used only when no general wage nue, Seattle, WA 98104 (Telephone: 206-442- determination has been issued, and may For the States of Maine, Vermont, New 1536). be requested for installations oif areas Hampshire, Massachusetts, Rhode Island, where continuing construction activity and Connecticut: (b) Requests for general wage deter­ Regional Administrator, Employment m inations. A contracting agency may is anticipated. These wage determina­ Standards Administration, U.S. Department tions we effective for 120 calendar days submit a request to the Administrator, of Labor, Room 1612C, John F. Kennedy Fed­ Wage and Hour Division, Department of from the date of initial issue and are eral Building, Government Center, Boston, void for incorporation into contracts MA 02203 (Telephone: 617-223-2035). Labor, for issuance of a general (area) wage determination for use on individual awarded after that period unless extend­ New Y ork R egion ed as provided in 29 CFR 5.4. contracts for a particular type of con­ (c) An individual determination For the States of New York and New Jersey struction in a particular area whenever (sometimes referred to as “ a project de­ and for Puerto Rico and the Virgin Islands: (1) the wage patterns for the particular Regional Administrator, Employment type of construction are well settled in termination” ) is provided upon request Standards Administration, UB. Department for use in a contract to be performed at that area, and (2) the agency anticipates o f Labor, 1515 Broadway, New York, NY a large volume of the particular type of mi installation, or in an area, not cov­ 10036 (Telephone: 212-971-5451). ered by either of the above types of de­ construction in the area. The request P hiladelphia R egion termination. These individual wage de­ shall include the information set forth terminations are effective for 120 calen­ For the States of Pennsylvania, Maryland, in paragraph (a) of this section. The dar days from the date o f initial issue Delaware, Virginia, West Virginia, and the Administrator will issue such a determi­ and are void for incorporation into con­ District of Columbia: nation pursuant to such a request or at Regional Administrator, Employment his own discretion. tracts awarded after that period unless Standards Administration, U.S. Department extended as provided in 29 CFR 5.4. (c) Time of submission of requests. of Labor, Room 704C, 1317 Filbert Street, Requests for wage determinations ordi­ § 1-18.704—3 Procedure for requesting Philadelphia, PA 19107 (Telephone: 215- narily should be submitted to the De­ determinations. 597-9633). Atlanta R egion partment of Labor at least 30 calendar days before they are required for use in (a) Requests for project area or in­ For the States of Florida, Georgia, North dividual wage determinations. Requests Carolina, South Carolina, Tennessee, Ala­ advertising for bids or for entering into shall be submitted on completed Stand­ bama, Kentucky, and Mississippi: negotiations of the contract for which ard Form 308, Request for Determina­ Regional Administrator, Employment the determinations are sought. tion and Response to Request, to the Re­ Standards Administration, U.S. Department (d) Limitations. Each project area and gional Administrator of the Employment of Labor, Room 331, 1371 Peachtree Street individual wage determination is effec­ Standards Administration, Department NE, Atlanta, GA 30309 (Telephone: 404- tive for 120 calendar days from the date of Labor, who has jurisdiction within the 526-5801). of the determination, and is applicable geographic area where the applicable Chicago Region only to contract awards made within that project will be performed. Only those For the States of Illinois, Indiana, Michi­ period. Accordingly, if it appears that a classifications shall be checked on the gan, Minnesota, Ohio, and Wisconsin. wage determination will expire before a Regional Administrator, Employment contract can be awarded, a new deter­ form which will be needed in the per­ Standards Administration, U.S. Department formance of the work. Needed classifica­ of Labor, U.S. Courthouse and Federal Office mination should be requested at a date tions that are not on the form may be Building, Room 742, 219 South Dearborn which will permit its receipt and issu­ added. The agency shall not list clas­ Street, Chicago, IL 60604 (Telephone: ance to prospective bidders by amend­ sifications which can be fitted into 312-353-7280). ment of the invitation for bids before the date set for bid opening. In individual classifications on the form, or classifica­ Dallas Region tions which are not generally recognized cases, upon a written finding by the head in the area or in the construction indus­ For the States of Texas, New Mexico, Ok­ of the agency that due to unavoidable lahoma, Arkansas, and Louisiana: try. Requests shall: Regional Administrator, Employment circumstances a wage determination ex­ (1) Include a sufficiently detailed de­ Standards Administration, U.S. Department pired after bid opening but before award, scription of the work to indicate the type of Labor, Room 13F12,1100 Commerce Street, the Administrator, Wage and Hour Divi­ of construction involved;. i.e„ building, Dallas, TX 75202 (Telephone: 214-749-2037). sion, Department of Labor, may extend the period of effectiveness of the wage heavy, highway, or other type; K ansas CrrT Region (2) Include the location o f the project, determination whenever he finds it nec­ giving the distance in miles and the di­ For the States of Missouri, Kansas, Ne­ essary and proper in the public interest braska, and Iowa: to prevent injustice or undue hardship rection from the nearest point of Regional Administrator, Employment reference; Standards Administration, U.S. Department or to avoid serious impairment in the (3) include the agency’s evaluation of of Labor, Room 2000, Federal Office Building, conduct of Government business. Gen­ whether the project is a building, heavy, 911 Walnut Street, Kansas City, MO 64102 eral wage determinations normally will highway, or other type of construction (Telephone: 816-374-5384). be published in the F ederal R egister on project; Denver Region Fridays and will contain no expiration (4) Be accompanied by any available date (see § 1-18.704-2 (a )). Pertinent wage payment inform ation un­ For the States of Colorado, North Dakota, (e) Modification. On any negotiated South Dakota, Utah, Wyoming, and Montana: less the wage patterns in the area are Regional Administrator, Employment procurement a modification of a project clearly established; and Standards Administration, U.S. Department area or individual wage determination (5) Include a complete statement o f of Labor, Room 246, 232 New Customhouse, by an appropriate Department of Labor the incidence of use of the last previ­ 721 19th Street, Denver, CO 80202 (Tele­ official shall be made part of the pro­ ously issued installation determination, phone: 303-837-4613). posed contract if received prior to the tire total dollar amount of the contracts San Francisco Region award of the contract. However, in pro­ curements involving formal advertising awarded thereunder, and an estimate of For*the States of California, Nevada, Ari­ the use of any new determination during zona, and Hawaii, and for Guam, and vari­ or small business restricted advertising, ous Pacific Islands: any modification received by the con­ its 120-day life. This should include a tracting agency concerned less than 10 brief description of the planned projects Regional Administrator, Employment Standards Administration, U.S. Department calendar days before the opening of bids ti e., commercial, residential, heavy, or of Labor, 450 Golden Gate Avenue, Room shall be disregarded unless it is deter­ highway), the estimated cost o f each 10431, San Francisco, CA 94102 (Telephone: mined that such modifications reason­ Project, and the kinds o f laborers and 415-556-1318). ably can be furnished to bidders by mechanics likely to be employed. means of an amendment of the invita­ Seattle Region tion for bids in time to be considered The addresses of th e various Regional For the States of Washington, Oregon, in the preparation of their bids. Modi­ Administrators of the Employment Idaho, and Alaska: fications received by an agency should

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21410 RULES AND REGULATIONS be time-date stamped to show the date rates, the wage rate information speci­ 10 days before bid opening, in formally of receipt by the agency. A modification fied in the new determination shall be advertised procurements or award in of a general wage determination shall furnished to (1) all prospective offerors negotiated procurements shall be proc­ be incorporated in a negotiated contract to whom a solicitation has been sent if essed upon receipt by the contracting if published in the F ederal R eg ister the closing date for receipt of proposals officer as follows (note distinction be­ prior to completion of negotiation; if has not yet occurred, or (2) to all pros­ tween agency and contracting officer) : published in the F ederal R eg ister less pective offerors who have submitted pro­ (1) Formally advertised procurements. than 10 calendar days before the opening posals if the closing date is past. All If the modification reaches the contract­ of bids on-an advertised procurement, prospective offerors to whom such infor­ ing officer before bid opening, he shall the modification shall not be effective mation has been furnished shall be given issue an amendment to the invitation unless the agency finds that there is a a reasonable opportunity to amend their for bids and, if necessary, extend the reasonable time in which to notify bid­ proposals. The contracting officer need date of bid opening. ders of the modification. not delay opening and reviewing pro­ (2) Negotiated procurements. If the posals or discussing them with the re­ modification reaches the contracting of­ § 1—18.704-4 Rates to be included in solicitations. spective offerors while a new determi­ ficer before award, he shall notify the nation is being sought and offerors are appropriate offerors and allow them suffi­ In solicitations for work in an area preparing amended proposals. Offerors cient time to adjust their offers accord­ covered by either a general area wage should be requested to extend the period ingly. - determination, or a project area or in­ for acceptance of any proposal if that (c) A modification which affects wage stallation (54A) determination, contain­ period expires or may expire while the rates included in a solicitation, and ing more than one schedule (i.e., build­ contracting officer is waiting for a new which was received by the agency con­ ing construction, heavy, and highway wage determination. cerned later than 10 days before the bid construction) there shall be included (c) Receipt of new determination be­opening in formally advertised procure­ only the rate schedule or individual rates fore expiration of original determina­ ments or published in the F ederal R e g ­ applicable to the particular type of con­ tion. When a new determination has ist e r later than 10 days before award in struction involved. In cases requiring the been requested and received before negotiated procurements, must be in­ utilization of more than one schedule, award, but an award is made before the cluded in the solicitation only where such the item of work to which each schedule expiration date of the original determi­ action will not delay bid opening or oth­ is applicable shall be defined. nation, the new determination must be erwise create excessive administrative § 1—18.704—5 Wage determinations in treated as a superseding decision in ac­ burdens and may otherwise be disre­ solicitations and awards. cordance with § i-18.704-7, except that garded. A modification which accord­ the expiration of the new determination ingly is not included in the solicitation (a) Formally advertised procure­ shall not be included in advertised con­ m ents. (1) Whenever it appears before shall be controlled by the date thereon and not by the date on the determination tracts after bid opening or in negotiated bid opening that a wage determination contracts after award. may expire before award, or a deter­ which it replaces. mination actually does expire before bid § 1—18.704—6 Formal advertising with­ § 1—18.704—8 Wage determinations ap­ opening, a new determination shall be out a wage determination. p eals. requested. The scheduled bid opening In the event a solicitation is to be The Secretary of Labor has established date shall be postponed, if necessary, to issued before the wage determination is a Wage Appeals Board, one of whose allow a reasonable time to (i) obtain the obtained a notice shall be included in powers is to decide appeals concerning determination, (ii) modify the invitation the invitation for bids that the schedule questions of law and fact arising from for bids to reflect the new determina­ of minimum wage rates to be paid under decisions of the Associate Administrator, tion, and (iii) permit bidders to amend the contract will be issued as an amend­ Division of Wage Determinations, with their bids. Even if the new determina­ ment to the specifications. Under no cir­ regard to wage determinations issued tion does not change the wage rates, and cumstances may bids be opened until a under the Davis-Bacon A ct and related hence would not warrant amended bids, reasonable time after the wage determi­ minimum wage statutes. Each contract­ the solicitation must nevertheless be nation has been furnished to all bidders. ing agency, in accordance with proce­ modified to include the number , and date dures established by it, may file a peti­ of the new determination. § 1—18.704—7 Modifications of wage de­ tion for review of, or for intervention, in (2) After bids have been opened in a terminations. any matter which it appears may appro­ formally advertised procurement, if a (a) During the life of any wage deter­ priately be brought before the Board in wage determination may expire before mination, it may be modified (1) by the accordance with procedures established award, the agency head or his designee “letter of inadvertence,” which is used for the Wage Appeals Board in 29 CFR may, upon finding that an extension is in to correct a clerical error in a wage de­ Part 7. the public interest to prevent injustice, termination, (2) a “notice of modifica­ undue hardship, or serious impairment § 1—18.705 Administration and enforce­ tion,” which specifies a change in a wage m ent. of the conduct of Government business, determination, or (3) a “superseding de­ submit a written request for an exten­ cision,” which is a reissuance of a wage § 1-18.705-1 Policy. sion of the expiration date to the Ad­ determination with changes incorpo­ (a) General. To comply with the Gov­ ministrator, Wage and our Division, De­ rated. All modifications (including super­ ernment policy of insuring full and im­ partment of Labor, who may extend the seding decisions) expire on the same day partial enforcement of the labor stand­ period of effectiveness of the determina­ as the original determination. Since the ards laws in tile ad m in istra tion of tion. If an extension is not requested, need for inclusion of a modification in construction contracts, agencies shall or if an extension is requested and a solicitation is determined by the time maintain a continuing effective enforce­ denied, a new wage determination shall of receipt in the agency concerned, all ment program which shall include: be requested. If the new determination modifications shall be time-date stamped (1) Insuring that contractors and sub­ changes the wage rates, the invitation immediately upon receipt by the agency contractors are informed, prior to com­ for bids shall be changed and the pro­ concerned. The need for inclusion of a mencement of work, of their obligations curement readvertised using the new modification of a general wage determi­ under the labor standards provisions of wage rates. nation is determined by the publication their contracts; (b) Negotiated procurements. W hen­ date in the F ederal R e g ister . (2) Adequate payroll and on-the-site ever (1) it appears that a wage deter­ (b) A modification which affects wage inspections and employee interviews to mination will expire before award is rates included in a solicitation, and made, or (2) the determination actually which was received by the agency con­ determine compliance, and prompt initi­ does so expire, a new wage determina­ cerned earlier than 10 calendar days be­ ation of corrective action when required; tion shall be requested. If the new deter­ fore bid opening, or a modification pub­ (3) Prompt investigation and disposi­ mination makes a change in the wage lished in the F ederal R eg ister w ith in tion of complaints; and

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21411

(4) Prompt submission of all reportssatisfy the requirements of the wage de­ lowed and the wage rates required to be required by this subpart. termination. In the event the interested paid thereunder for the area o f construc­ (b) Responsibility. The contracting parties are unable to agree on the cash tion before using any apprentices and officer shall ascertain that the contractor equivalent, the contracting officer, in ac­ trainees on the contract work. is fully informed of the labor standards cordance with paragraph (b) of the (b) All contractors planning to use ap­ provisions of the contract and of his and clause entitled Davis-Bacon Act, shall prentices and trainees on a construction a n y subcontractor’s responsibilities submit the question for determination to project are required to obtain written thereunder. Unless it is clear that the the Department of Labor, in accordance evidence of registration of such em­ contractor is otherwise fully informed, with agency procedures. The submission ployees in a program registered under the the contractor shall be so informed ei­ shall include a comparison of the pay­ State apprenticeship agency which is ther by a preconstruction letter or a pre­ ments, contributions, or costs contained recognized by the Bureau of Apprentice­ construction conference promptly after in the wage determination decision with ship and Training, Department of Labor. award of the contract. Whenever the those made or proposed by the contrac­ If no such agency exists within a State, clauses under § 1-18.703-1 are applica­ tor as equivalent thereto, together with an apprentice or trainee must be enrolled ble, the action prescribed by this § 1- the comments and recommendations of under a program registered with the Bu­ 18.705 shall be taken or required in ac­ the contracting officer. reau of Apprenticeship and Training, cordance with procedures prescribed by (c) For purposes of computing re­Department of Labor. The contractor each agency. Whenever the clauses under quired overtime payments, the basic rate will then submit to the contracting offi­ §§ 1-18.703-2 and 1-18.703-3 are applica­ of pay specified in the wage determina­ cer this evidence of registration, together ble, the action prescribed by this § 1- tion, or that actually paid by the con­ with evidence of the established appren­ 18.705 shall be taken or required, in ac­ tractor if higher, shall be used. The basic ticeship-journeyman ratios and wage cordance with procedures prescribed by rate does not include any amount paid rates in the project area, which will be each respective agency, to the extent per­ as fringe benefits, and overtime is not the basis for establishing such ratios and tinent to the applicable clauses. required to be paid on the contractor’s rates for the project. These data will be contributions, costs, or payment of cash maintained by the Contracting officer § 1-18.705—2 Wages, fringe benefits, equivalent for fringe benefits. In no event with payroll records. and overtime. may overtime be computed on a rate (c) Exemptions from any requirement (a) In computing wages paid to a lower than the basic rate specified in the of the clause entitled “Apprentices and laborer or mechanic, including appren­ wage determination. Trainees” may be granted when such ac­ tices and trainees, the contractor may tion is necessary and proper in the public Include any of the following items: § 1—18.705—5 Additional classifications. interest, or to prevent injustice, or undue (1) Amounts paid in cash to the la­ (a) Requirements. Whenever any hardship. A request for a variation, toler­ borer or mechanic, or deducted from laborer or mechanic is to be employed ance, or exemption may be made in writ­ such payment in accordance with 29 in a classification not listed in the wage ing by any interested person to the Secre­ CFRPart3; determination applicable to the contract, tary o f Labor, W ashington, DC 20210. En­ (2) Contributions, except those re­ the contractor shall submit to the con­ forcement activities, including the in­ quired by Federal, State, or local law, tracting officer a statement of the pro­ vestigation of complaints of violations, which the contractor makes irrevocably posed additional classification and mini­ to insure compliance with the require­ to a trustee or a third party pursuant to mum wage rate, including fringe benefits ments of the clause entitled “Apprentices any fund, plan, or program to provide payments, if any. Upon approval, the and Trainees” shall be the primary duty for medical or hospital care, pensions, additional classification and rate shall of the agency awarding the contract or compensation for injuries or illness re­ be posted with the wage determination. providing the Federal assistance. The De­ sulting from occupational activity, un­ (b) Approval. Upon receipt of the re­ partment of Labor will coordinate its employment benefits, life insurance, dis­ quest for authorization, the contracting efforts with the various agencies. ability and sickness insurance, accident officer shall review it to determine § 1—18.705—5 Subcontracts. Insurance, vacation and holiday pay, de­ whether it meets the following criteria: fraying costs of apprenticeship, or any (1) The classification is an appropri­ The contracting officer shall obtain a other fringe benefit but contributions or ate one which cannot be fitted into a list of all subcontracts, together with a payments for fringe benefits are allowed classification contained in the applicable description of the work to be performed only for the specific fringe benefits con­ wage determination; and thereunder. This list will be useful in ob­ taining compliance with the require­ tained in the applicable wage determi­ (2) The proposed wage rate, including nation decision involved; and ments for submission of payrolls by the any fringe benefits, conforms to the wage contractor and subcontractors. (3) Other contributions or anticipated determination contained in the contract. costs to the extent such contributions or § 1—18.705—6 Payrolls and statements. anticipated costs have been expressly If the above criteria are met and no approved by the Secretary of Labor. interested party objects to the proposed (a) Submission. W ithin 7 calendar (b) Where the wage determination classification, the contracting officer or days after the regular payment date of decision specifies fringe benefits pay­ his representative shall approve the pro­ the payroll week covered, the contractor ments, the contractor may satisfy his posal and submit an information copy to is required to submit, or cause to be sub­ obligation under the clause entitled the Department of Labor. If the criteria mitted for himself and his subcontrac­ Davis-Bacon A ct by providing wages are not met or the interested parties can­ tors (1) copies of weekly payrolls in consisting of any combination of con­ not agree on the proposal, the contracting compliance with the clause set forth in tributions or costs as specified in (a), officer or his representative shall submit § 1-18.703-1 (d), and (2) weekly state­ above, provided that the total cost of the proposal, together with available ments of compliance as required by the such combination is not less than the pertinent information, and his recom­ Copeland Regulations (29 CFR Part 3) total of the basic hourly rate and fringe mendation to the Department of Labor incorporated in the contract by the benefits payments prescribed in the wage for final determination. Upon approval, clause set forth in § 1-18.703-1 (e) (see determination decision for the classifica­ the contracting officer shall notify the 29 CFR 3:3 for form o f weekly statement tion of laborer or mechanic concerned, contractor and instruct him to post the of compliance). wages provided by the contractor, or approved rate and classification in ac­ (b) Examination. The executive fringe benefits payments required by the cordance with § 1-18.705-7. agency concerned shall make such ex­ amination of the payrolls and statements wage determination decision, may in­ § 1—18.705—4 Apprentices and trainees. clude items which are not stated as exact as may be necessary to insure compli­ cash amounts. In such cases, the inter­ (a) As provided in paragraph (a) of ance with contract, statutory, and reg­ ested parties shall determine the cash the clause set forth in § 1-18.703-1 (c), ulatory requirements. Particular atten­ the contractor or subcontractor is re­ tion should be given to the correctness equivalent o f the cost o f such items quired to furnish written evidence of re­ of classifications and disproportionate when necessary to determine whether gistration of his program and apprentices employment of laborers, helpers, appren­ the wages provided by the contractor and trainees, as well as of the ratios al­ tices, or trainees to journeymen.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21412 RULES AND REGULATIONS

(c) Preservation. Unless specifically1093, Schedule o f W ithholdings Under When requested, the contracting agen­ excepted by the Department of Labor, the Davis-Bacon Act, and a statement of cies shall furnish to the Secretary of payrolls and statements shall be pre­ the amounts ta be withheld for under­ Labor any available information with served by the executive agency concerned payment of Wages and liquidated dam­ respect to contractors, subcontractors, for a period of 3 years from the date of ages pursuant to the Contract Work their contracts, and the nature of the completion of the contract and shall be Hours and Safety Standards Act. These contract work. amounts shall be deducted from pay­ produced at the request of the Secretary § 1—18.705—13 Review of recommenda­ of Labor at any time during such period. ments under the contract and shall be disposed of in accordance with agency tions for an appropriate adjustment § 1—18.705—7 Posting wage determina­ procedures. Timely action to withhold in liquidated damages under the tio n s. Contract Work Hours and Safety for underpayments is encouraged by the Standards Act. The contracting officer shall ascertain General Accounting Office. that a copy of the wage determination Whenever the head o f an agency finds is kept posted at the site of the work in § 1—18.705—10 Reports. that a sum of liquidated damages ad­ a prominent place where it can be easily (a ) Semiannual reports. Each agency ministratively determined to be due seen by the workers. shall furnish to the Department of Labor under section 104(a) of the Contract by July 31 and January 31 of each calen­ Work Hours and Safety Standards Act is § 1—18.705—8 Investigations. dar year semiannual reports on compli­ incorrect or that the contractor or sub­ (a) Regular investigations. The ex­ ance with and enforcement of the labor contractor violated inadvertently the ecutive agency concerned shall make standards provisions of the Davis-Bacon povisions of thè Contract Work Hours such investigations as may be necessary Act and its related acts and the Contract and Safety Standards Act notwithstand­ to insure compliance with contract, sta­ Work Hours and Safety Standards Act ing the exercise of due care upon the tutory, and regulatory requirements as covering the periods of January 1 part of the contractor or subcontractor follow s: through June 30 and July 1 through De­ involved, he may (a) make an appro­ (1) Contracts of 6 months or less cember 31, respectively. Such reports priate adjustment in, or release the con­ duration shall be investigated before shall be prepared in the manner pre­ tractor or subcontractor of liability for, final payment is made, if feasible. scribed in Department of Labor circular such liquidated damages where the (2) Contracts of more than 6 months memoranda. amount o f the damages is $100 or less, duration shall be investigated with such (b ) Reports of violations. (1) No re­ or (b) make recommendations for ad­ frequency as may be necessary to insure port need be made when the underpay­ justment or relief to the Secretary of compliance. The investigations shall in­ ments (i) total less than $500, (ii) are Labor where the amount o f the damages clude interviews of employees on a nonwillful, (iii) restitution has been, ef­ is in excess of $100, as provided in 29 sampling basis. fected, and (iv) future compliance has CFR 5.8. (b) Special investigations. Special in­ been assured, except where the investi­ § 1—18.706 Disposition of disputes aris­ vestigations in detail shall be made when gation was expressly requested by the ing out of construction contract labor required by complaints or other evidence Department of Labor. In the latter case, standards enforcement. of violations. Complaints of violations the investigating agency shall submit a shall be given priority. factual summary report in accordance The areas of possible differences of (c) Confidential nature of statements. with 29 CFR 5.7(a) (1). opinion between contracting officers and When oral or written statements are (2) For all other such underpayments contractors in construction contract taken from employees during regular or the agency shall furnish to the Depart­ labor standards enforcem ent include special investigations they shall be ment of Labor, as soon as practicable, a misclassification of workers, hours of treated as confidential and shall not be detailed ©oforcement report. Such re­ work, wage rates and payment, with­ disclosed to the employer without the ports shall be prepared in accordance holding practices, and the applicability written consent of the employee. with 29 CFR 5.7(a) (2). of the labor standards provisions under (3) Where there is substantial evi­ varying circumstances. For the most § 1—18.705—9 Suspensions and deduc­ dence that violations are willful and in part, these are settled administratively tions o f contract payments. breach of the provisions of section 1001 by the agency concerned. I f necessary, When wage underpayments are found, of Title 18, United States Code, or other such differences may be settled with as­ the contractor shall be requested to criminal statute, the matter shall be for­ sistance from the Department of Labor, make, or cause to be made, restitution to warded to the Attorney General of the without reference to the Disputes clause the employees and/or to plans, funds, or United States for prosecution and the o f the construction contract. Those dis­ programs for any type of fringe benefits Secretary of Labor shall be informed of agreements which cannot be settled ad­ required by the applicable wage deter­ such action. ministratively by the agency shall be mination. If the contractor or subcon­ subject to the Disputes clause, except for tractor fails or refuses to pay all or any § 1—18.705—11 Contract terminations. disputes involving the meaning of classi­ part of the wages due the employees, the Whenever a contract is terminated for fications, wage rates contained in the contracting officer shall withhold from violation of the labor standards provi­ wage determination of the Secretary of payments due the contractor an amount sions, a report shall be submitted by the Labor, or the applicability of contract equal to the estimated underpayments, agency concerned to the Secretary of labor provisions. These matters shall be as well as any estimated liquidated dam­ Labor and the Comptroller General. The referred to the Secretary of Labor for ages due under the Contract Work Hours report shall include the name and ad­ an opinion, in accordance with 29 CFR and Safety Standards Act. If wage dress of the terminated contractor or 5.12, with sufficient supporting data to underpayments continue, or the failure subcontractor, the name and address of explain both sides of the dispute. No or refusal to make restitution appears the contractor or subcontractor who is final decision on these matters shall be continuing or willful, or if the contractor to complete the work, the amount and made by the contracting officer pursuant fails or refuses to comply with any other number of the latter’s contract, and a to the Disputes clause. The opinion ob­ contract, statutory, or regulatory re­ description of the work thereunder. quirements, the contracting officer may tained shall be made a part of the con­ § 1—18.705—12 Cooperation with the De­ tract file and shall be applied (a) In suspend all contract payments to the partment of Labor. contractor until the violations have the investigation of the case, and (b) ceased. If restitution has not been made The contracting agency concerned in the computation of wage underpay­ shall cooperate with representatives of ments. The contractor will be furnished prior to final payment under the con­ the Department of Labor in the inspec­ tract, the contracting officer shall sub­ tion of records, interviews with workers, á copy of the opinion with advice that If mit with the contractor’s payment and all other aspects of investigations aggrieved therewith he may appeal to the voucher or vouchers a Standard Form undertaken by the Department of Labor. Wage Appeals Board of the Department

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS • 21413 of Labor In accordance with 29 CFR tion Association (21st Edition, 1967) as Title 49— Transportation Part 7. are applicable to nursing homes; except SUBTITLE A— OFFICE OF THE SECRETARY (Sec. 2 0 5 (c), 63 Stat. 390; 40 XJJ3.C. 486(c)) that, in consideration of a recommen­ OF TRANSPORTATION dation by the State survey agency, the Effect on other issuances. This regula­ Secretary may waive, for such periods [OST Docket No. 1; Arndt. 1-75] tion cancels FPR Temporary Regula­ as deemed appropriate, specific pro­ PART 1— ORGANIZATION AND tion 25. visions of such Code which, if rigidly DELEGATION OF POWERS AND DUTIES Effective date. This regulation is effec­ applièd, would result in unreasonable Miscellaneous Amendments tive August 31, 1973, but may be observed hardship upon a skilled nursing facility, The purpose of this amendment to earlier. but only if such waiver will not adversely affect the health and safety of the Part 1 is to delete from the delegation to Dated: August 1, 1973. patients; and except that the provisions the Deputy Under Secretary in 49 CFR A rth u r F. S a m pso n , of such Code shall not apply in any State 1.54(d) the authority to redelegate the Administrator of General Services. if the Secretary finds, in accordance with function delegated therein as redundant applicable provisions of section 1861 of of the general authority to redelegate at [PR Doc.73-16281 Filed 8-7-73;8:45 am) the Social Security Act, that in such 49 CFR 1.52(b)(1), and to revise en­ State there is in effect a fire and safety tirely paragraph (c) of the delegations Title 45— Public Welfare code, imposed by State law, which ade­ to the Assistant Secretary for Adminis­ CHAPTER II— SOCIAL AND REHABILITA­ quately protects patients in skilled nurs­ tration (49 CFR 1.60(c) ). TION SERVICE (ASSISTANCE PRO­ ing facilities. Where waivers permit the Since this amendment relates to De­ GRAMS) DEPARTMENT OF HEALTH, participation of an existing facility of partmental management, procedures, EDUCATION, AND WELFARE two or more stories which is not of at and practices, notice and public proce­ least 2-hour fire resistive construction, dure thereon are unnecessary and it may PART 243— SERVICES AND PAYMENT IN be made effective in less than 30 days MEDICAL ASSISTANCE PROGRAMS blind, nonambulatory, or physically handicapped patients are not housed after publication in the F ederal R eg­ Standards for Payment for Skilled Nursing above the street level floor unless the fa­ is t e r . Home Care cility is of 1-hour protected noncombusti- In consideration of the foregoing, ef­ Section 246(b) of P.L. 92-603, Social ible construction (as defined in National fective August 8, 1973,' Part 1 o f Title 49 Security Amendments o f 1972, provides Fire Protection Association Standard No. of the Code of Federal Regulations is that the Secretary of Health, Education, 220), fully sprinklered 1-hour protected amended as follows: and Welfare will exercise waiver author­ ordinary construction, or fully sprin­ 1. Paragraph (d ) o f § 1.54 is revised ity with respect to application o f the L ife klered l-hour protected woodframe con­ to read as follow s: Safety Code of the National Fire Pro­ struction. Nonflammable medical gas § 1.54 Delegations to Deputy Under Sec­ tection Association to skilled nursing systems, such as oxygen and nitrous ox­ retary. facilities. The statutory provision was ide., installed in the facility comply with * * * * • effective July 1, 1973. In order to clarify applicable provisions of National Fire the procedures to be used pending the Protection Association Standard No. 56B (d) Request apportionment or reap­ issuance o f overall regulations on the (Standard for the Use of Inhalation portionment of funds by the Office of standards fo r participation o f skilled Therapy) 1968 and National Fire Protec­ Management and Budget, provided that nursing homes in the M edicaid program, tion Association Standard No. 56F (Non­ no request for apportionment or reap­ the current regulations are being flammable Medical Gas Systems) 1970. portionment which anticipates the need amended to implement section 246(b) * * * * * for a supplemental appropriation shall be submitted to the Office of Manage­ effective August 1, 1973. Under this pro­ 2. Paragraph (c) (2) is revised to read vision, State survey agencies, as part o f ment and Budget without appropriate as follows: certification by the Secretary. the State responsibility for administra­ (c) Conditions under which the single tion of the program, will make recom­ State agencies may waive certain * * * * * mendations to the Secretary for waivers requirements. * * * relating to fire safety standards for 2. Paragraph (c) o f § 1.60 is revised (2) The single State agency may to read as follows: individual,facilities. waive the application to a skilled nursing This amendment puts into effect (Hie § 1.60 Delegations to Assistant Secretary of the provisions included in the notice home of one or more specific provisions for Administration. of proposed rulemaking for the Medicaid o f 20 CFR 405.1125(1), 405.1134, (other ■* * * * _ * than paragraph (a) ) 405.1135, or and Medicare programs published on (c ) Finance. (1) Administer the fi­ July 12, 1973 (see proposed 20 CFR 405.1136 if it finds on the basis of docu­ nancial and fiscal affairs of the Office of 405.1134(a), 38 FR 18628). The m ajor mented evidence derived from a survey the Secretary (other than those for difference from existing Medicaid regu­ that: which the Deputy Under Secretary is lations is the making o f final determi­ * * * * * responsible), in accordance with 31 nations on waivers by the Secretary U.S.C. 66a. rather than the State agency. Since the (Sec. 1102, 49 Stat. 647 (42 UJ3.C. 1302) ) (2) Designate to the Treasury Depart­ amendment carries out an already ef­ (Catalog of Federal Domestic Assistance Pro­ ment certifying officers and designated fective statutory provision, notice of pro­ gram No. 13.714 (Medical Assistance agents for the Office of the Secretary posed rulemaking and public procedure Program.) ) and imprest fund cashiers for the De­ thereon are dispensed with. Effective date: August 1, 1973. partmental headquarters. Accordingly, § 249.33, Part 249, is (3) . In accordance with 31 U.S.C. Dated: July 24,1973. amended as set forth below. 82a-l, grant or recommend relief from 1. Paragraph (a) (1) (vii) is revised to J ames S. D w ig h t , Jr., read as follow s: accountability for losses or deficiencies of Administrtor, Social and disbursing officers, cashiers, or other ac­ Rehabilitation Service. § 249.33 Standards for payment for countable officers as follows: skilled nursing home care. Approved: August 6, 1973. (a) State plan requirements. * * * (i) Grant relief for losses or deficien­ (1) * * * F r an k C ar lu c ci cies of less than $150 for which charges (vii) Meet such provisions of the Life Acting Secretary. or exceptions have not been raised by the Safety Code of the National Fire Protec­ [FR Doc.73-16523 Filed 8-7-73; 10:40 am] General Accounting Office.

FEDERAL REGISTER, V O L 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 No. 152- 5 21414 RULES AND REGULATIONS

(ii) Recommend relief by the Comp­trackage; that operations over this regulations apply to public hunting on troller General for all other loss or de- trackage by the New York Dock Railway portions of certain National Wildlife ficiencics • are necessary to restore railroad service Refuges in Nevada. (4) Settle and pay claims by em­ to these industries in the interest of the General conditions: Hunting shall be ployees of the Office of the Secretary for public and the commerce of the people; in accordance with applicable State reg­ personal property losses, as provided by that notice and public procedure herein ulations. Portions of refuges which are 31 U.S.C. 241(b). are impractical and contrary to the pub­ open to hunting are designated by signs (5) Consider, ascertain, adjust, de­ lic interest ; and that good cause exists and/or delineated on maps. No vehicle termine, and settle, for an amount not for making this order effective upon less travel is permitted except on maintained exceeding $25,000, any tort claim refer­ than thirty days’ notice. roads and trails. Special conditions ap­ red to, or arising from the activities of, It is ordered, That: plying to individual refuges are listed on the Office of the Secretary. Request, § 1033.1146 .Service Order No. 1146. the reverse side of maps available at through the General Counsel, the ap­ refuge headquarters and from the office proval of the Attorney General for any (a) New York Dock Railway author­ of the Regional Director, Bureau of Sport such award compromise, or settlement in ized to operate over trackage abandoned Fisheries and W ildlife, 1500 Northeast excess of $25,000 (28 U.S.C. 2672). by Bush Terminal Railroad Company. Irving Street, Portland, Oregon 97208. (6) Waive, in whole or in part, claims The New York Dock Railway be, and it is hereby authorized to operate over § 32.32 Special regulations; big game; resulting from erroneous overpayment of for individual wildlife refuge areas. pay to an employee of the Office of the trackage abandoned by the Bush Termi­ Secretary, as provided by 4 CPR Parts nal Railroad Company. Big game animals may be hunted on 91, 92 and 93. This authority may be (b ) Application. The provisions of this the following refuge areas: redelegated only to the Director of Man­ order shall apply to intrastate and for­ Desert National Wildlife Range, 1500 agement Systems. eign traffic, as well as to interstate North Decatur Boulevard, Las Vegas, (7) Compromise, suspend collection traffic. - Nevada 89108. action on, or terminate claims of the (c) Rules and regulations suspended. Special Condition: Desert bighorn United States not exceeding $20,000 The operation of all rules and regula­ sheep only. which are referred to, or arise out of the tions, insofar as they conflict with the Charles Sheldon Antelope Range, activities of, the Office of the Secretary. provisions of this order, is hereby sus­ Nevada, (Headquarters: P.O. Box 111, pended. (8) Determine the existence and Lakeview, Oregon 97630). (d ) Effective date. This order shall be­ The provisions o f these special regula­ amount of indebtedness and the method come effective at 11:59 p.m., August 2, of collecting repayments from employees tions supplement the regulations which 1973. govern hunting on wildlife refuge areas of the Office of the Secretary and col­ (e) Expiration date. The provisions of lect repayment accordingly, as provided generally and which are set forth in this order shall expire at 11:59 p.m., Title 50, Code o f Federal Regulations, by 5 U.S.C. 5514. This authority may be September 30, 1973, unless otherwise redelegated only to the Chief, Account­ Part 32, and are effective through June modified, changed, or suspended by or­ 30, 1974. ing Operations Center. der of this Commission. L. E dward P e rr y, (9) Sign Budget Execution reports re­ (Secs. 1, 12. 15 and 17(2), 24 Stat. 379, 383, Acting Regional Director, Bu­ quired by OMB Circular A-34, for the 384, as am ended; 49 U.SXJ. 1, 12, 15 and 17 reau of Sport Fisheries and Office of the Secretary; (2). Interprets or applies Secs. 1(10-17), 15 Wildlife. This action is taken under the au­ (4), and 17(2), 40 Stat. 101, as amended, 54 thority of section 9(e) of the Department Stat. 911; 49 U.S.C. 1(10-17), 15(4), and J u l y 30, 1973. of Transportation Act (49 U.S.C. 1657 1 7 (2 ).) [FR Doc.73-16293 Filed 8-7-73;8:45 ami ( e ) ) . It is further ordered, That copies of Issued in Washington, D.C., on July 31, this order shall be served upon the As­ PART 32— HUNTING 1973. . sociation of American Railroads, Car C laude S. B rinegar, Service Division, as agent of the rail­ Certain National Wildlife Refuges in Oregon Secretary of Transportation. roads subscribing to the car service and [FR Doc.73-16309 Hied 8-7-73;8:45 am] car hire agreement under the terms of The following regulations are issued and are effective August 8, 1973. These that agreement,-and upon the American regulations apply to public hunting on CHAPTER X— INTERSTATE COMMERCE Short Line Railroad Association; and portions of certain National Wildlife COMMISSION that notice of this order shall be given Refuges in Oregon. SUBCHAPTER A— GENERAL RULES AND to the general public by depositing a General conditions: Him ting shall be REGULATIONS copy in the Office of the Secretary of the in accordance with applicable State reg­ PART 1033— CAR SERVICE Commission at Washington, D.C., and by ulations. Portions of refuges which are [S .0 .1146] filing it with the Director, Office of the open to hunting are designated by signs New York Dock Railway Federal Register. a n d /or delineated on maps. No vehicle At a session of the Interstate Com­ By the Commission, Railroad Service travel is permitted except on maintained merce Commission, Railroad Service Board. roads and trails. Special conditions ap­ plying to individual refuges are listed on Board, held at its office in Washington, [ sea l] R obert L . O sw ald , D.C., on the 2d day o f August 1973. Secretary. the reverse side of maps available at It appearing, that the Bush Terminal {FR Doc.73-16384 Filed 8-7-73;8:45 am] refuge headquarters and from the office Railroad Company, in Finance Docket of the Regional Director, Bureau of Sport No. 25896, was authorized to abandon its Title 50— Wildlife and Fisheries Fisheries and Wildlife, P.O. Box 3737, entire line of railroad; that the Bush CHAPTER I— BUREAU OF SPORT FISH­ Portland, Oregon 97208. Terminal Railroad Company ceased rail­ ERIES AND WILDLIFE, FISH AND WILD­ § 32.32 Special regulations; big game; road operations on December 15, 1971; LIFE SERVICE, DEPARTMENT OF THE for individual wildlife areas. INTERIOR that the New York Dock Railway has Big game animals may be hunted on agreed to operate the trackage aban­ PART 32— HUNTING thè following refuge areas : doned by the Bush Terminal Railroad Certain National Wildlife Refuges in Deer Flat National Wildlife Refuge, Company; that,the Commission is of the Nevada Snake River Sector (Headquarters: Deer opinion that there is need for railroad The following regulations are Issued Flat National Wildlife Refuge, Route 1, service to industries located on this and are effective August 8, 1973. These Box 1457, Nampa, Idaho 83651).

FEDERAL REGISTER, VOL. 36, NO. 152— WEDNESDAY, AUGUST 8, 1973 RULES AND REGULATIONS 21415

Hart Mountain National Antelope Ref­ § 32.32 Special regulations; big game; PART 32— HUNTING for individual wildlife refuge areas. uge, P.O. Box 111, Lakeview, Oregon Crab Orchard National Wildlife Refuge, 97630. N orth D akota r III. Deer may be hunted on the following refuge areas: J. CLARK SALYER NATIONAL WILDLIFE The following special regulation is Malheur National Wildlife Refuge, REFUGE issued and is effective August 8,-1973. P.O. Box 113, Bums, Oregon 97220. Public hunting of deer with bow and § 32.22 Special regulations; upland Special Conditions: 1. That portion arrow on the J. Clark Salyer National game; for individual wildlife refuge of the refuge in the Blitzen Valley west Wildlife Refuge, North Dakota, is per­ areas. of Highway 205 from Diamond Lane mitted from August 31 through Novem­ I l l in o is south will be open to deer hunting in ber 4 and November 19 through Decem­ accordance with regular State season. ber 31, 1973, only on the area designated CRAB ORCHARD NATIONAL WILDLIFE REFUGE 2. The special archery area (bow andby signs as open to hunting. This open area, comprising 31,542 acres, is deline­ Public hunting of black, gray, and fox arrow only) will be opened fo r hunting ated on a map available at the refuge squirrels on 'the Crab Orchard National from August 25 through September 3, headquarters, Upham, North Dakota, Wildlife Refuge, Illinois, is permitted, 1973. and from the office of the Area Manager, from sunrise August 1, 1973, to sunset William L. Finley National Wildlife Bureau of Sport Fisheries and Wildlife, November 15, 1973, only on the area des­ Refuge, Route 2, Box 208, Corvallis, P.O. Box 1897, Bismarck, North Dakota ignated by signs as open to him ting. This Oregon 97330. 58501. Hunting shall be in accordance open area, comprising 9,380 acres is de­ Special Conditions: 1. All hunters are with all applicable State regulations cov­ lineated on a map available at the refuge required to obtain a refuge permit and ering the hunting of deer with bow and headquarters and from the Regional Di­ check in and out of the refuge daily. arrow, subject to the following condi­ rector, Bureau of Sport Fisheries and 2. The use of rifles is prohibited. tions: Wildlife, Federal Building, Fort Snelling, The provisions of these special regula­ Hunting is by foot only. Vehicles are Twin Cities, Minnesota 55111. Hunting tions supplement the regulations which to remain on established refuge roads shall be in accordance with all applicable govern hunting on wildlife refuge areas only. State regulations concerning the hunt­ generally and which are set forth in Title All hunters must exhibit their hunting ing of squirrels? 50, Code of Federal Regulations, Part 32, licenses, game and vehicle contents to The provisions of this special regula­ and are effective through June 30, 1973. Federal and State officers upon request. tion supplement the regulations which L. E dward P e rr y, The provisions of this special regula­ govern hunting on wildlife refuges gen­ Acting Regional Director, Bu­ tion supplement the regulations which erally which are set forth in Title 50, reau of Sport Fisheries and govern hunting on wildlife refuge areas Code of Federal Regulations, Part 32, W ildlife. generally which are set forth in Title 50, and are effective through November 15, Code of Federal Regulations, Part 32, J u l y 30, 1973. 1973. and are effective through December 31, (PR Doc.73-16294 Filed 8-7-73;8:45 am] 1973. D arrell D . U ftegraft, R obert C . F ie ld s, Acting Project Manager, Crab Refuge Manager, J. Clark Salyer Orchard National Wildlife PART 32— HUNTING National Wildlife Refuge, Refuge, P.O. Box J, Carter- J. Clark Salyer National Wildlife Refuge XJpham, North Dakota. ville, Illinois The following special regulation Is is' A u gust 1 ,1 9 7 3 . J u l y 31, 1973. sued and is effective August 8, 1973. [PR Doc.73-16292 Piled 8-7-73;8:45 am] [PR Doc.73-16301 Piled 8-7-73;8:45 am]

FEDERAL REGISTER, V O L 38, N O , 152— WEDNESDAY, AUGUST 8, 1973 21416 _____ 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 THE INTERIOR September 7, 1965, which were subse­ as a final rulemaking pending resolution quently withdrawn, retain the right to of the procedures with other affected Bureau of Land Management conversion to an application for a government agencies. [ 43 CFR Parts 3000,3200 ] geothermal lease. Leases or permits is­ In the interim, the Agricultural Mar­ sued pursuant to the applicable mineral keting Service (AMS) will utilize the GEOTHERMAL RESOURCES leasing acts and outstanding on Septem­ principles involved in the proposed net Leasing on Public, Acquired, and With­ ber 7, 1965, which were subsequently ter­ weight procedures by specifying indi­ drawn Lands; Correction and Extension minated, expired, or were canceled or vidual weight requirements as well as of Comment Period relinquished, retain the right to conver­ average requirements in its procurement The purpose of this notice is to correct sion to a geothermal lease. programs for food products. the inadvertent omission of § 3230.1-5 2. Section 3203.3 is corrected to read: During the comment period for the proposal, USDA consulted with repre­ from the proposed geothermal regula­ § 3203.3 Consolidation of leases. tions published in the F ederal R egister sentatives of the National Bureau of on July 23, 1973 (38 FR 19748). Section Two or more contiguous leases issued Standards, the Federal Food and Drug 3230.1-5 sets forth evidence require­ to the same lessee may be consolidated Administration* the Federal Trade Com­ ments for qualifying to convert claimed if the total combined acreage does not ex­ mission, the Office of Consumer Affairs, geothermal rights to geothermal leases. ceed 2,560 acres, except where a larger Canadian Weights and Measures officials In addition, this notice clarifies the pro­ acreage is caused by an irregular sub­ and industry representatives. posed regulations by correcting several division or subdivisions as stated in It is evident that all concerned would lesser errors. 3203.2. benefit from adoption of one uniform procedure. Hie National Bureau of The time for submission of written § 3241.1—I [Corrected] comments, suggestions, or objections, Standards, which furnishes guidance to with respect to 43 CFR, Parts 3000 and 3. Section 3241.1-1 is corrected by de­ State Weights and Measures authori­ 3200, proposed July 23, 1973, and leting “ is less than 1,280 acres occasioned ties, is in the process of preparing a re­ § 3230.1-5 appearing below, to the Geo­ by” from paragraph (a) (1). vision of their present procedure con­ thermal Coordinator, Department of the 4. Section 3241.2-2 is corrected to tained in Handbook 67. The first section Interior, Washington, D.C. 20240, is read: of this révision will cover food; sections for other products will be added later. hereby extended from August 22,1973 to § 3241.2—2 Number of copies required. September 5,1973. The revision, which will be similar in 1. A new § 3230.1-5 is added to Sub­ Three copies of all instruments of as­ principle to the above mentioned Notice part 3230 o f the proposed regulations to signment or transfer, and a single copy o f Proposed Rule Making, will be keyed read: of any additional information required by to a procedure where the sample average § 3202 of these regulations relating to must meet the declared label weight and § 3230.1—5 Evidence required to qualify citizenship or qualifications of corpora­ where there may be no unreasonable for grant of rights to conversión to tions and associations, including partner­ shortage in any one container. The geothermal leases, or to applications ships, must be filed in the proper BLM amount of shortage to be considered un­ for geothermal leases. Office. reasonable will be specified, together (a) Any person claiming rights to con­ 5. Section 3243.4-1 is corrected by: with sampling plans to be used on small version to a geothermal lease must show Adding the letter “s” to corporation in lots as well as normal size lots. Double to the reasonable satisfaction of the au­ paragraph (a ); relettering paragraphs sampling plans will also be provided as thorized officer that substantial expendi­ (c) and (d) as (b) and (c) respectively. a means o f reducing workload when tures for the exploration, development weights clearly meet requirements. or production o f geothermal steam were Dated: August 3,1973. After the National Bureau of Stand­ made by the applicant who is seeking W . W . L y o n s , ards procedure is revised, USDA’s AMS the conversion on the lands for which a Deputy Under Secretary plans to utilize applicable portions in lease is sought or on adjoining, adjacent of the Interior. its mandatory egg products inspection or nearby lands, including both Federal [FR Doc.73-16335 Filed 8-7-73;8:45 ami as well as its voluntary inspection and and non-Federal lands. The substantial grading services for all commodities. expenditures must have been made prior Comments received from interested par­ to December 24, 1970, and either by the DEPARTMENT OF AGRICULTURE ties during tiie original Notice of Pro­ applicant seeking conversion or by his Agricultural Marketing Service posed Rule Making comment period predecessors in interest. have been furnished to National Bureau (b) For purposes of these regulations, [ 7 CFR Part 4 4 ] of Standards, by AMS so that they may an application for a lease or a permit, PROCEDURES FOR DETERMINING NET be considered. filed pursuant to applicable mineral leas­ WEIGHT OF FOOD PRODUCTS AMS will also consider these comments ing acts, pending on September 7, 1965, and intends to invite additional com­ which subsequently ripened into a lease Notice of Intent To Implement Proposed ments prior to actual adoption of a Na­ or permit, and which remains outstand­ Procedures tional Bureau of Standards revised pro­ ing or has either terminated, expired or Notice is hereby given that the Pro­ cedure. been canceled or relinquished, retains the cedures for Determining Net Weight of J o h n C . B lu m , right to conversion to an application for Food Products, published in the F ederal Acting Administrator. a geothermal lease. Applications for a R egister as a notice of proposed rule- lease or ^permit, filed pursuant to appli­ making on Saturday, December 18, 1971 A ugust 2,1973. cable mineral leasing acts, pending on (36 FR 24069) will not be promulgated [FR Doc.73-16326 Filed 8-7-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21417

Farmers Home Administration Sec. parties involved in making, guaranteeing, 1826.36 Holders Guarantee Fee Report. and servicing Farmer Loans as defined [ 7 CFR Part 1826 ] 1826.37 Payment of guarantee fee. herein. Copies of this Handbook and re­ LOANS AND GRANTS PRIMARILY FOR 1826.38-40 [Reserved]; lated FHA forms and any amendments REAL ESTATE PURPOSES 1826.41 Interest subsidy payments. 1826.42 Termination of Contract of or revisions thereof may be obtained from Farmer Loans ‘ " , . Guarantee. any FHA County Office or FHA State 1826.43-48 [Reserved]. Office. Notice is hereby given that the Farm­ 1826.46 Loan servicing. (a) Responsibilities of borrowers, ers Home Administration has under con­ 1826.47-50 [Reserved]. lenders, holders, and FHA. The loan and sideration amending Subchapter B, 1826.51 Certificate of Acquisition or guarantee transactions impose signifi­ Loans and Grants Primarily for Real Construction. cant responsibilities on all parties con­ Estate Purposes, by adding a new Part 1826.52-55 [Reserved]. cerned, but they also confer significant 1826, “Farmer Loans.” This new Part 1826.56 Equal opportunity and non­ discrimination. benefits on such parties and their com­ 1826 implements the guaranteed Farmer 1826.57-59 [Reserved]. munities. Loan Programs authorized by Subtitles 1826.60 Transfer and assumption— (1) Borrowers become obligated to A, B, and C of the Consolidated Farm general. repay their loans and to perform other and Rural Development Act (7 U.S.C. 1826.61 Eligible transferee—full as­ duties specified in the promissory notes, 1921, et seq.), as amended by Public Law sum ption. security instruments, and other loan 92-419, “ The Rural Development Act of 1826.62 Ineligible transferee—full as­ sum ption. documents. 1972.” This new part sets out the policies (2) Approved lenders become account­ and procedures for guaranteeing loans 1826.63-65 [Reserved]. 1826.66 Liquidation. able for making and servicing (and ap­ made by private lenders to farmers under 1826.67-70 [Reserved]. proved subsequent holders for servicing) the above mentioned Subtitles A, B, and 1826.71 FO eligibility requirements. loans in a manner that will properly pro­ C. : 1 Vr i 1826.72 Preference between FO appli­ tect the interests of the borrowers and The purpose of guaranteeing loans is cants. those of FHA as guarantor, as well as the to (a) enable use of private funds, rather 1826.73 FO loan purposes. 1826.74 Prohibited FO loan purposes. interests of the approved lenders and ap­ than Government funds, in making proved holders. loans, and (b) reduce Government ad­ 1826.75 FO loan limitations and spe­ cial provisions. (3) FHA is responsible for seeing that ministrative costs by having private 1826.76 FO rates and terms. its loan guarantee authority is used to lenders make and service the loans. 1826.77-80 [Reserved]. achieve the purposes of the law and the .. Interested persons are invited to sub­ 1826.81 SW eligibility requirements. implementing regulations contained in mit written comments, suggestions, or 1826.82 Preference between SW appli­ this handbook and related forms. FHA objections regarding the proposed cants. performs these functions under dele­ amendment to the Deputy Administrator 1826.83 SW loan purposes. 1826.84 Prohibited SW loan purposes. gated authority from the Secretary of Comptroller, Farmers Home Administra­ 1826.85 SW loan limitations and spe- Agriculture and Assistant Secretary for tion, U.S. Department of Agriculture, -cial provisions. Rural Development. (7 CFR 2.23, 7 CFR Room 5007, South Building, Washington, 1826.86 SW rates and terms. 2.70). D. C. 20250. Comments will be received 1826.87-90 [Reserved]. (b) Full faith and credit of U.S.A. through August 31,1973. All written sub­ 1826.91 RL eligibility requirements. Contracts of Guarantee executed on such missions made pursuant to this notice 1826.92 Preference between RL appli­ loans shall, subject to and in accordance will be made available for public inspec­ cants. with the contract provisions, constitute tions at the Office of the Deputy Admins 1826.93 RL loan purposes. 1826.94 Prohibited RL loan purposes. obligations supported by the full faith istrator Comptroller during regular bus­ 1826.95 RL loan limitations and spe­ and credit of the United States and in- iness hours (8:15 a .m .-4 :45 p.m .). cial provisions. contestible except for fraud or misrepre­ As proposed, the addition will read as 1826.96 RL rates and terms. sentation of which the approved lender or follows: 1826.97-100 ,[Reserved]. approved holder had actual knowledge at 1826.101 OL_ eligibility requirements. the time it became such lender or holder. PART 1826— FARMER LOANS 1826.102 Preference between OL appli­ Sec. H cants. (c) Insured loans. Any applicant that 1826.1 Introductory statement. 1826.103 OL loan purposes. is eligible for an FHA guaranteed loan, 1826.2 Definitions. 1826.104 Prohibited OL loan purposes. but cannot find an approved lender who 1826.3 Lender or holder. 1826.105 OL loan limitations and spe­ is willing to make the loan with an FHA 1826.4-9 {Reserved]. cial provisions. guarantee, may apply for an FHA in­ 1826.10 Application and loan process­ 1826.106 OL rates and terms. sured loan. - ing. 1826.107-110 [Reserved]. 1826.11 Other available financing. 1826.111 EM area designations and § 1826.2 Definitions. 1826.12 Points, discounts, charges, authorizations. penalties. 1826.112 EM eligibility requirements. The following definitions are appli­ 1826.13 Interest rate to borrower. 1826.113 Subsequent EM loans. cable to the terms used in this handbook 1826.14 Security requirements. 1826.114 EM loan purposes. and related forms: 1826.15 Security instruments and fi­ 1826.115 Prohibited EM loan purposes. (a) A ct. The Consolidated Farm and nancing statements. 1826.116 EM loan limitations and spe­ Rural Development Act. (7 U.S.C. 1921, 1826.16 Appraisal of property. cial provisions. et seq.) 1826.17-20 [Reserved]. 1826.117 EM rates and terms. 1826.21 Guarantee of loans., (b) Borrower. All parties liable for the 1826.118-120 [Reserved]. loan or any part thereof. 1826.22 Guarantee limits; : 1826.121 Forms and forms distribution. 1826.23 Request for conditional com­ 1826.122 Access to records of lenders (c) Family farm. A fam ily farm is a mitment to guarantee loan. and holders. tract(s) (1) that is recognized as a farm 1826.24 Conditional: commitment to 1826.123 Review of decisions. rather than a rural residence, (2) that guarantee loan. will provide substantial income which, 1826.25 Review of conditioned commit­ Authority: 7 U.S.C. 1989; delegation of together with any other income, will ade­ ment requirements. authority by Sec. of Agri. (7 CFR 2.23); dele­ 1826.26 Conditions precedent to Issu­ gation of authority by Asst. Sec. for Rural quately support the family, pay operating ance of Contract of Guaran­ Development (7 CFR 2.70). expenses and debts, and (3) for which tee. the operator and his immediate family 1826.27 Issuance of Contract of Guar­ § 1826.1 Introductory statement. provide the management and major por­ antee. This Part 1826 (which is a Handbook o f tion of the labor, except during seasonal 1826.28-29 [Reserved],:: 1826.30 Void or voidable contreict. regulations for guaranteed Farmer Loans peakload periods. 1826.31 Unenforceable contract. and is hereinafter called the “Hand­ (d) Farmer loans. Farm Ownership 1826.32-34 [Reserved]. book”) and related forms of the Farmers (F O ), Soil and W ater (S W ), and Recrea­ 1826.35 Guarantee fee payable by Home Administration (FHA) are appli­ tion (RL) loans authorized in Subtitle A holder. cable to lenders, borrowers, and other of the Act; Operating (OL) loans au-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21418 PROPOSED RULES thorized In Subtitle B of the Act; and (n ) State. Any of the fifty States, will be able to properly handle the loan Emergency (EM) loans authorized in Puerto Rico, or the Virgin Islands. making, closiiig, and servicing functions. Subtitle C o f the Act. (o) Transfer and assumption terms. In (f) Loan making and servicing office. (e) FHA. The United States of relation to transfer and assumption FHA will not approve any lender or America acting through the Farmers cases, where appropriate, “liquidation” holder to make and service or acquire Home Administration, an Agency of the and “loan” shall be construed to mean and service loans in any area unless it United States Department of Agriculture. “transfer and assumption,” “promissory determines that such lender or holder References to the National Office, note” shall be construed to mean “as­ maintains and intends to continue to Finance Office, State Office, County Of­ sumption agreement,” and “borrower” maintain a local office (either its own fice, State Director, District Supervisor, shall be construed to mean “transferee.” main or branch office or that of an au­ County Supervisor, or other FHA office or § 1826.3 Lender or holder. thorized agent) in or near enough to the official should be read as prefaced by county in which the borrower resides and “FHA.” Unless otherwise specifically pro­ (a) Eligibile lender or holder. A lender the security property is or will be located, vided in this Handbook, “FHA” means or holder may be any Federal or State so that the lender or holder (or its au­ the County Supervisor or Acting County chartered bank, savings and loan associa­ thorized branch or agent if it acts Supervisor serving the comity involved. tion, cooperative or private lending through a branch or agent) will be able (f) Finance Office. The office which agency, or other lender or holder ap­ to properly make (including, but not maintains the FHA financial records. It proved by FHA to make and service or limited to, checking on and approving is located at 1520 Market Street, St. to subsequently acquire and service FHA any acquisition, construction, repair, or Louis, Missouri 63103. (Phone 314-622- guaranteed loans. development with loan funds) and/or 4400) (b) Request by lender or holder for service the loan. (g) Guaranteed loan. A loan originated approval. Any party desiring to become (1) If the lender or holder advises FHA by an approved lender and held and serv­ an approved lender or holder to make and at the time of submitting Form FHA iced by a registered holder under an FHA service or subsequently acquire and serv­ 449-18 that it plans to make and/or stated percentage loss Contract of Guar­ ice guaranteed loans will request ap­ service the loan through a branch office antee. References to “FHA guarantees,” proval of eligibility and area(s) of op­ or agent, and the State Director approves “loan guarantees,” and similar termi­ erations on Form FHA 449-18, “Lenders that arrangement, he will show the name nology apply to such guaranteed loans. or Holders Request for Approval.” Before and address of the branch office or agent The term “loan” or “note” also includes any such request can be approved, FHA on the bottom o f the back side of the the related security instruments. The must determine that the lender is an conform ed copy o f the Form FHA 449-18 term “note” also includes “assumption established lender in the field of financ­ sent to the Finance Office. agreement” and related security instru­ ing involved, has a reputation for honest (2) I f the lender or holder later advises ments, where appropriate. and fair dealing with borrowers, appears FHA on Form FHA 449-9, “Request for (h) Handbook. This Handbook. to be financially able to make and service Conditional Commitment to Guarantee (i) Hazard insurance. Includes fire, such loans, and will maintain an office Loan,” that it plans initially to make windstorm, lightning, hail, explosion, suitably located and staffed with person­ and/or service the loan through a local riot, civil commotion, aircraft, vehicles, nel qualified to perform such functions. branch office or agent, and if the State smoke, builder’s risk, public liability, (c) Supervised lenders and holders. I f Director approves that arrangement, he property damage, flood, workmen’s com­ JFHA finds that the requestor is a Fed­ will send a conformed copy of Form FHA pensation, or any similar insurance that eral or State chartered bank, federal land 449-9 to the Finance Office to inform is available and needed to protect the bank, production credit association, sav­ the Finance Office to that effect. security or that is required by law. ings and loan association, building and (3) If at a subsequent date the holder (j) Holder. See Lender. loan association, insurance company, plans to service the loan through a local (k) Lender, holder, or registered credit union, or mortgage loan company that is subject to examination and super­ branch office or agent, or a different local holder. The term lender refers to the branch office or agent, it will advise FHA party who makes the loan. The lender vision by an agency of the United States or of the State in which the loan will be to that effect by letter, giving the name becomes the holder if it retains the loan. and address o f the branch office or agent. The ternj holder also refers to a party made and the security property is or is to be located, ttje requestor will be ap­ If the State Director approves the ar­ who acquires the loan from the original rangement, he will send a conformed lender or a subsequent holder. proved if it also meets the requirements of paragraphs (e) and (f ) of this section. copy of the letter to the Finance Office to (l) The terms lender and holder refer FHA may require the requestor to fur­ inform the Finance Office to that effect. only to parties approved by FHA to make nish information showing that it falls (4) Any such local office or agency ar­ and service or to subsequently acquire within one of the categories described in rangement is subject to approval or re­ and service loans guaranteed by FHA. the preceding sentence. jection by FHA. The lender or holder will (2) The lender will become the reg­ (d) Nonsupervised lenders and holders. furnish FHA any information requested istered holder of a particular loan when Parties requesting approval that do not by FHA about the branch office or agent the Contract of Guarantee is executed. A meet the requirements of paragraph (c) to assist FHA in determining whether to subsequent holder will become the reg­ of this section, will be required to sub­ approve the arrangement. istered holder of a particular loan when mit the following: (g) Approval or rejection of request. it has acquired the loan and the Finance (1) Copy of any license or other evi­The party requesting approval will mail Office receives from the County Super­ dence of authority required by the State or deliver the original and one executed visor a copy of the notice of sale executed as a prerequisite to engaging in the pro­ or conformed copy of the request to FHA. by the seller-holder on Form FHA 471- posed lending activity. FHA will make such investigations as the 7, “Notice and Acknowledgment of Sale (2> Information on lending opera­ County Supervisor or State Director of Insured or Guaranteed Loan,” and tions, including period of time, if any, in deems necessary , and the State Director when the Finance Office executes the lending business, range and volume of will notify the requestor in writing Acknowledgment of Notice of Sale on the lending activities, current finançai state­ whether its request is approved or re­ bottom of that form. The registered ment, and such documentation as re­ jected. This notification will be made on holder will hereinafter be referred to as quested by FHA to substantiate the a conformed copy of Form FHA 449-18. the holder, unless the term “registered representations made in the request for (1) If the request is rejected, the holder” is used. approval. reasons for rejection will be given on ( l ) Rural youth. A person who has not (e) Loan making and servicing capa­ the conform ed copy o f Form FHA 449-18. reached the age of 21 and who does bilities of lender or holder. FHA will not If the requestor can meet FHA’s objec­ not reside in a city or town which approve any lender or holder to make tions, it may resubmit the request. has a population in excess o f 10,000 and service or acquire and service loans (2) If the request is approved, either inhabitants. in any area unless FHA determines that on initial consideration or reconsidera­ (m ) Servicing loans. See “Loan Servic­ such lender or holder (either directly or tion, the State Director will send a con­ ing” in § 1826.46. through its authorized branch or agent) formed copy of Form FHA 449-18 to the

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21419

Finance Office to show the approval. agencies of the Farm Credit Administra­ § 1826.14 Security requirements. Upon receipt of the copy, the Finance tion or by State agencies with rural re­ The lender is responsible for seeing Office will place the lender on the list habilitation funds, loans made, guaran­ that proper and adequate security is ob­ of Approved Farmer Loan Lenders and teed, or insured by any Federal or State tained and maintained in existence and Holders for the area or areas involved. agency will not be guaranteed. Ordinar­ of record to protect the interests of the (h) Termination of approval of lender ily, loans will not be guaranteed to refi­ lender or holder and FHA. or holder. If a lender or holder has not nance debts owed to the lender that are (a) Lien priorities. Ordinarily, the se­ made (or does not hold as registered repayable on terms the borrower can curity will be a first lien. However, a holder) any guaranteed Farmer Loan or reasonably be expected to meet. There­ junior lien may be taken with FHA’s loans within a period of two years after fore, a lender should consult FHA before written consent. When a junior lien is approval or within any subsequent two- an application for loan guarantee is pre­ taken, the lender, among other things, year period, or fails or refuses to comply pared if the lender desires to use a guar­ should make sure that: with any requirements in this Handbook, anteed loan to refinance debts owed to (1) The prior mortgages or other liens such lender or holder may be dropped it, or to have a previously existing loan do not contain provisions for future ad­ from the approved list. The lender or guaranteed without being refinanced. vances, summary forfeiture or cancella­ holder will be notified in writing if such § 1826.12 Points, discounts, charges, tion or other provisions that may jeop­ action is taken. penalties. ardize the lender’s security position or (i) List of approved lenders. Appli­ the borrower’s ability to pay the loan. FHA will not guarantee a loan if the (2) Such provisions of the prior mort­ cants for guaranteed loans may obtain a borrower is required to pay any points, list of approved lenders for any area from gages or other liens, if they exist, are finder’s fee, loan origination fee, loan satisfactorily limited, modified, waived, the County or State Office serving that discount fee, advance interest, unearned area. . ' ;;J or subordinated. interest, compound interest, interest on (b) Third party liens (.laborers, me­ §§ 1826.4— 1826.9 [Reserved] earned interest, service charges, bonus, chanics, etc.). Among other tilings in commission, expense, prepayment pen­ § 1826.10 Application and loan process­ obtaining the required security, the ing. alty, or similar fees or charges, or any­ lender is responsible for ascertaining thing of value for the purpose of obtain­ that appropriate releases from laborers, (a) Applicant may contact FHA or ing the loan. However, this limitation materialmen, contractors, subcontrac­ lender. If any applicant contacts FHA does not prohibit the borrower from pay­ tors suppliers of machinery and equip­ and it thinks that the applicant may ing expenses which are his responsibility ment and other parties involved, are ob­ qualify for a guaranteed loan, it will fur­ and are incident to consummation of tained to assure that there will be no nish the applicant a list of all approved the loan (as distinguished from pay­ lien or other claims by any such parties lenders for the county or counties in­ ments to obtain the loan), such as fees against the borrower or the security volved and suggest that the applicant or charges for legal, architectural, ap­ contact the approved lender of his choice. property. praisal, and other technical services, (c) All liens must secure entire loan. Regardless of whether the applicant first hazard insurance premiums, and the contacts FHA or goes directly to an ap­ All collateral of any nature securing a borrower’s share of Social Security taxes loan guaranteed by FHA must secure the proved lender, if the lender is interested for any labor hired by the borrower in in making a guaranteed loan to the ap­ entire loan. The lender cannot take sepa­ connection with making planned im­ rate collateral to secure only that por­ plicant and believes that the applicant provements. If the borrower cannot pay will qualify for such a loan, the lender tion of the loan or loss not covered by such expenses and taxes out of his own the FHA guarantee. will assist -the applicant in preparing an funds, they may be paid from funds in­ “Application for Guaranteed Loan cluded in the loan for that purpose. Late § 1826.15 Security instruments and fi­ (Fanner Programs) ” on Form FHA payment charges can only be made in nancing statements. 449-6. monthly installment cases. They must be (a) Mortgages and security agree­ (b) Preparation ofL loan docket. I f agreed to in writing by the borrower, ments. FHA forms of real estate mort­ after reviewing the completed applica­ must be collected from the borrower» gages (including deeds of trust and deeds tion (Form FHA 449-6), the lender is cannot be deducted from regular install­ to secure debt), and security agreements still interested in making a guaranteed ment payments, and are not covered by (including chattel mortgages in Louisi­ loan to the applicant and still believes the Contract of Guarantee. Late charges ana and Puerto Rico) are required. that the applicant can qualify for such a cannot be made on any amount paid (b) Financing statements. Commercial loan, the lender, with the assistance of within 15 days after its due date. financing statement forms that comply the applicant, may prepare a loan docket § 1826.13 Interest rate to borrower. with State laws and regulations may be and proceed with loan processing. used. They must be adapted to meet FHA (c) Loan making. Hie responsibility The rate of interest which the lender requirements by inserting provisions: for making (including closing) guaran­ may charge the borrower on any type of (1) Covering the “proceeds and prod­ teed loans rests with the lender. The Farmer Loan may vary from time to ucts’’ of the collateral described, and loan should not be closed until all or part time. The National Office will notify (2) That “disposition of the collateral of the loan funds are needed for use by County Offices, State Offices, and the is not authorized hereby.” the borrower. The loan will be consid­ Finance Office in writing of (a) the In­ ered closed when all loan and security terest rates in effect for such loans when § 1826.16 Appraisal of property. instruments have been executed and the this loan guarantee program becomes Property that will serve as security for mortgage or financing statement, or effective, and (b) subsequent changes the loan must be appraised by a qualified both, is/are filed fo r record. therein. The lender may ascertain the appraiser who is experienced in apprais­ rate for each type of loan by telephon­ ing the kind of property involved. Ap­ §1826.11 Other available financing. ing any FHA office. Interest will be praisals will be made by appraisers em­ FHA will not guarantee a loan if it charged only on the actual amount of ployed by, or whose services are con­ determines that the needed financing is loan funds borrowed and for the actual tracted for on a fee basis by, the lender. available from other sources without the time the money is outstanding. Discount (a) Qualifications of appraisers. The guarantee. Loans that would be made by or add on interest is not permitted. The lender will be responsible for determin­ the lender under its normal loan policies interest rate initially established for each ing that its employed or contract fee ap­ (without a Contract of Guarantee) will loan will remain constant during the praisers have the necessary qualifications not be guaranteed. Loans will not be par­ existence of the FHA guarantee. Inter­ ticipated in or insured by FHA if they est on future advances made by the and experience. If the lender has any can be guaranteed and if it would be to holder to protect the security may be questions in this regard, it should check the financial advantage of FHA to guar­ charged at the rate specified in the secu­ with FHA before having an appraisal antee them. Except for loans made by rity instruments. made.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21420 PROPOSED RULES

(b) Appraisal fees or charges. The 449-14, “Conditional Commitment for execute the Contract o f Guarantee which lender must determine that the fees or Guarantee.” The purpose of the form will set forth (specifically or by refer­ charges are reasonable. is to advise the lender that the material ence) the terms and conditions of the (c) Appraisal reports. Appraisal re­ submitted by the lender to FHA is ap­ guarantee. The original Contract of ports wiU be made on forms approved by proved subject to the conditions and re­ Guarantee will be forwarded to the the lender. quirements set forth in the form, and lender. Conformed copies of the Con­ that FHA will issue a Contract of Guar­ §§ 1826.17— 1826.20 [Reserved] tract o f Guarantee and Promissory Note antee if all such conditions and require­ will be forwarded by FHA to the Finance §1826.21 Guarantee of loans. ments and others set forth in this Hand­ Office. FHA may guarantee Farmer Loans book prerequisite to issuance of the (b) Execution of contract before ac­ made by approved lenders to eligible ap­ Contract of Guarantee, are met. FHA quisition or construction. Ordinarily, ex­ plicants for authorized purposes in ac­ will forward the original executed condi­ ecution of the Contract of Guarantee will cordance with the provisions of this tional commitment to the lender, and a not be delayed until after all construc­ handbook. conformed copy to the Finance Office. tion, major repairs, acquisition of prop­ erty, or land development- with loan § 1826.22 Guarantee limits. § 1826.25 Review of conditional com­ mitment requirements. funds has been completed. However, the FHA’s liability under each Contract of lender will be responsible for seeing that Guarantee will be the lesser o f 90 per­ On receipt of the Conditional Com­ property listed in the Request for Condi­ cent of the loss on the borrower’s obliga­ mitment for Guarantee, the lender tional Commitment to Guarantee Loan tions covered in the Contract of Guar­ should review the matter (and discuss it is acquired and that construction repairs, antee, or 90 percent of the principal with the applicant if necessary) to de­ and land development are completed amount advanced to the borrower under termine whether the conditions and promptly and in accordance with plans the guaranteed loan promissory note or requirements are acceptable. If the con­ and specifications approved by FHA. The assumed under an assumption agree­ ditions and requirements are not ac­ lender will also see that FHA is notified ment. ceptable to the applicant or lender, the so that it can make inspections at vari­ lender should inform FHA of recom­ ous stages o f construction if FHA has ad- * § 1826.23 Request for Conditional Com­ mended revisions and the reasons there­ vised the lender that it desires to do so in mitment to Guarantee Loan. for for further consideration. the particular case. Submission to FHA of Form FHA § 1826.26 Conditions precedent to issu­ (c) Refusal to execute contract. If FHA 449-9, “Request for Conditional Commit­ ance of Contract of Guarantee. determines that it cannot execute the ment to Guarantee Loan” and enclosures Contract of Guarantee, it will promptly therewith will constitute the lender’s re­ The Contract of Guarantee will not be issued until: inform the lender in writing of the rea­ quest for issuance of Form FHA 449-14, sons. If the lender satisfies FHA’s objec­ “Conditional Commitment for Guar­ (a) Lender’s request and advice. The lender submits Form FHA 449-21, “Re­ tions, the lender may resubmit the mat­ antee.” ter to FHA for further consideration. (a) FHA evaluation. I f FHA finds from quest for Contract of Guarantee,” to the material submitted and any other FHA advising that: §§ 1826.28—1826.29 [Reserved] information it deems necessary, that the (1) No changes have been made in the § 1826.30 Void or voidable contract. applicant appears to be eligible; loan loan conditions and requirements since the request was made for issuance of a The Contract of Guarantee will be void funds are to be used for authorized pur­ if it or the guaranteed loan was obtained poses only; the amount of the loan, in­ conditional commitment to guarantee the loan except those, if any, that have by fraud or material misrepresentation terest rate, repayment period and sched­ of which the original lender or registered ule, insurance requirements, plan of op­ been approved in the interim period by FHA in writing. holder had actual knowledge at the time erations, and any late payment charges it became such lender or holder. If any on monthly installments appear to be (2) The loan has been properly closed, satisfactory; the proposed security ap­ and the required security has been or interest subsidy payments have been pears to be adequate; the proposed loan will be obtained. made to the holder by FHA under a void appears to be sound; the lender plans to (3) The borrower has clear title to contract, the holder is required to repay service the loan properly; and all other security property acquired with loan the amount thereof to FHA. The Con­ pertinent requirements likely can and funds or previously owned, subject only tract of Guarantee will be voidable, at will be met, FHA will present the matter to the instruments securing the loan to the option of FHA, if the holder fails to to the FHA County Committee. If FHA be guaranteed and any other exceptions remit to FHA any guarantee fee within cannot make the findings mentioned in approved in writing by FHA. the time such remittance is required by the preceding sentence, it will promptly (4) Collateral held by the lender is this handbook. The method of exercis­ inform the lender in writing of the rea­ considered adequate security for the loan ing such option shall be written notice sons. If the lender can satisfy FHA’s to be guaranteed, and the security instru­ from FHA to the holder or any branch objections, the lender may resubmit the ments are all properly filed or recorded, or_ agent thereof. If the option is exer­ matter to FHA for reconsideration. as appropriate and legally permissible. cised, the Contract of Guarantee will be­ (b ) County Committee certification. (5 ) Proper hazard and any other re­ come void on the date the notice is After the case has been-presented to the quired insurance is in effect. mailed or delivered to any such party. If County Committee, FHA will notify the (6) Truth in Lending requirements any interest subsidy payments have been lender as to the action taken by the have been met. made to the holder by FHA under a void­ County Committee. If the County Com­ (7 ) All Equal Opportunity and Non­ able contract after it became void, the mittee rejects the application, FHA will discrimination requirements have been holder is required to repay the amount inform the lender of the reasons for the met or will be met at the appropriate thereof to FHA. rejection. If the lender'then furnishes time. § 1826.31 Unenforceable contract. FHA satisfactory evidence to show that (b) FHA investigation. FHA makes any (a ) Contract unenforceable. The Con­ the County Committee’s objections have Independent investigation it considers tract of Guarantee will be unenforce­ been met, FHA will resubmit the case to necessary. However, the making of any able: the County Committee. If the County such investigation will not relieve the (1) By or on behalf of any party who lender of any responsibility. Committee’s original certification or re­ is not the original lender or a subsequent (c) FHA findings. FHA finds (on the registered holder. certification is favorable, FHA will issue basis of the lender’s advice and such in­ a conditional commitment to guarantee (2) As to any loss occurring or caused dependent investigation it may make) by events occurring while the loan was the loan. that everything is in order. not held by the original lender or a subse­ § 1826.24 Conditional commitment to § 1826.27 Issuance of Contract of Guar­ quent registered holder. guarantee loan. antee. (3) If loan funds are used for purposes The conditional commitment to guar­ (a) Execution of contract. I f FHA other than those shown in Form FHA antee the loan will be made on Form FHA finds everything to be in order, it will 449-9 and Form FHA 449-21 on the basis

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21421

of which FHA issued the Contract of (c) Semiannual payments—date cred­Office will send to the holder a Treas­ Guarantee, without FHA’s written ap­ ited. Guarantee fee payments will be ury check for the amount of the interest proval. made semiannually for the 6 month pe­ subsidy payment owed for the preced­ (4) If the borrower does not have orriods ending'M arch 31 and September 30 ing 6 month period. The amount that obtain title marketable hi fact to the se­ (except that the first and last payments would otherwise be paid will be reduced curity property. will be for shorter periods unless the loan by the amount of any guarantee fee (5> If any note or security instrument is guaranteed and paid off on March 31 collected by deduction from the total is invalid or unenforceable. or September 30). Payments will be semiannual interest subsidy. Interest (6) If the security instruments do not credited as of the end of the 6 month subsidy payments will not be made after secure the entire loan or advances. period. The guarantee fee will accrue a transfer to and assumption by an “in­ (7) If the lender does not obtain liens from the date of the Contract of eligible transferee.” with the priorities specified by the lender Guarantee. ¿1 Form FHA 449-9 and Form FHA § 1826.42 Termination of Contract of § 1826.36 Holders Guarantee Fee Re­ G uarantee. 449-21 submitted to FHA and as agreed p o rt. to by FHA, or fails to properly record or In addition to the right of FHA to file lien or notice instruments to obtain Form FHA 449-19, “Holders Guaran­ terminate the Contract of Guarantee or maintain such lien priorities of record tee Fee Report (Semi-annual Report) ” under § 1826.30 for failure to remit guar­ during the existence o f the FHA showing amounts owed for such preced­ antee fee payments within the time al­ guarantee. ing 6 months (or shorter) period must lowed, the Contract of Guarantee may (8) If at any time the holder fails to be sent to the Finance Office so that it also be terminated by full repayment of maintain an office (either its main or will be received by that office not later the loan, or by written notice from the branch office or that o f an agent) near thah April 15 for the period ending holder to the Finance Office that the enough to the security properly location March 31 and October 15 for the period contract will terminate 30 days after the so that, in the judgment of FHA, the ending September 30. date of the notice; provided that: servicing functions can be properly and § 1826.37 Payment of guarantee fee. (a ) Notice and enclosures. The notice efficiently discharged. is mailed promptly and is accompanied (9) If the holder does not comply with On the basis of information contained by the guarantee fee payment to the end the loan making, construction or other in the Holders Guarantee Fee Report, of that 30 day period, a Holders Guaran­ development, servicing, and liquidation the holder will calculate the amount tee Fee Report for the interim period, and requirements in this Handbook. This re­ of the loan guarantee fee for the 6 the Contract of Guarantee for cancella­ lates to the provisions of this Handbook month (or shorter) period involved, and tion. at the time of execution of the Contract will remit the amount to the Finance (b) Fees are current. All previous of Guarantee and to any future provi­ Office along with each Holders Guarantee guarantee fees have been paid. Fee Report, except as hereinafter pro­ sions of this Handbook not inconsistent §§ 1826.43—1826.45 [Reserved] with the provisions of said contract or vided in interest subsidy cases. The the provisions of this Handbook at that check will be made payable to the § 1826.46 Loan servicing. time. Farmers Home Administration. If a (b) FHA may pay partial loss undersemiannual interest subsidy payment is The holder is responsible for loan unenforceable contract, However, if owed by FHA to the holder in an amount servicing. The term “servicing” as used in FHA determines that only part of any equal to or in excess of the semiannual this Handbook includes all actions that loss was caused by failure o f the holder guarantee fee, such remittance checks are necessary after loan closing to collect to comply with paragraph (a) (3) will not be required. In that event, the the indebtedness and to protect the through (9) of this section, FHA will guarantee fee will be collected by FHA security and security rights. This in­ honor the Contract of Guarantee as to by deduction of the amount thereof from volves, but is not limited to, obtaining the part o f such loss which FHA deter­ the interest subsidy payment. and maintaining compliance with the provisions of the loan end security in­ mines to be in excess of that portion of §§ 1826.38— 1826.40 [Reserved] the loss caused by such noncompliance. struments, any supplementary agree­ § 1826.41 Interest, subsidy payments. ments, and this handbook. The term §§ 1826.32— 1826.34 [Reserved] Interest subsidy^ rates, if any, on “servicing” also includes transfer and as­ § 1826.35 Guarantee fee payable by guaranteed loans will be established by sumption and-liquidation, except in those holder. FHA from time to time. The subsidy rate instances in which more specific termi­ fixed in accordance with the Condi­ nology is used with respect to those mat­ (a) Payable by holder^-fixed rate on ters. The servicing functions involved in principal balance. A loan guarantee fee tional Commitment for Guarantee and set forth in the Contract of Guarantee transfers and assumptions and liquida­ will be paid to FHA by the -holder. The tions are set forth under those headings guarantee fee will not be charged to, will remain constant during the period for which the interest subsidy is payable. in this Part 1826. Among the holder’s collected from, or otherwise passed on to more significant servicing functions are the borrower. The fee will be a fixed per­ Lenders or holders can ascertain the subsidy rate in effect at any particular those involved in seeing that; centage rate per annum on the principal (a) Purchase of property. Any prop­ balance outstanding at the end o f each time by calling any FHA office. Interest subsidy payments will be made by US. erty to be acquired with loan funds is ac­ 6 month period on the guaranteed loan quired as planned and liens are obtained promissory note or assumption agree­ Treasury checks. The subsidy payments ment. will be made semiannually for periods thereon with priorities which the lender ending March 31 and September 30. advised FHA the lender’s security instru­ (b) Percentage rate of fee. The per­ ments would have. See also § 1826.51 ( a ). centage rate of the fee will be established Therefore, payments for the first and last guarantee periods usually will cover (b) Construction or development. Any by the National Office from time to time. buildings or other improvements or However, the percentage rate o f the fee part of a 6 month period. The holder’s account will be credited as of the ending major land development to be provided will be stipulated in each Contract of with loan funds are properly completed Guarantee and will remain constant dur­ date of the 6 month period immediately preceding the subsidy payment. The in­ within a reasonable time, free of any ing the existence o f that Contract of mechanics, materialmen’s, or other liens Guarantee. The National Office will no­ terest subsidy payments will be based on the same outstanding principal bal­ that would affect the lien priority which tify County Supervisors, State Directors, the lender advised FHA that the lender’s and the Finance Office in writing of (1) ance as the guarantee fee payable by tile initial guarantee fee percentage rate the holder. Within 10 days after receipt security instruments would have. See also established, and (2) subsequent changes of a proper Holders Guarantee Fee Re­ § 1826.51(b). therein. Lenders or holders can ascertain port (and fee payment if the fee is not (c ) Collection of indebtedness. In ­ the guarantee fee rate In effect at any to be collected by deduction from an in­ debtedness is collected as it falls due Particular time by telephoning FHA. terest subsidy payment), the Finance (from the borrower, third party convert-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152- 21422 PROPOSED RULES ers, or other parties liable), and transfer of Acquisition or Construction.” See also 424-6, “Construction Contract,” which and assumption or liquidation action, if §§ 1826.26(a) and 1826.46 (a) and (b>. may serve as a guide. approved, is taken as provided for under (a) Acquisition of property. Each time (3) With notification of the contract those respective headings in this Part a substantial amount of property is ac­ award, the contractor receives: 1826. quired with loan funds after loan clos­ (i) Form FHA 400-3, “Nhtice to Con­ (d) Hazard insurance. Adequate haz­ ing, the lender will furnish a certificate tractors and Applicants” signed by the ard insurance (as available and needed to FHA describing the property acquired lender, with an attached Equal Employ­ for the type of property and operation and stating that it is property that was ment Opportunity Poster. Posters in involved) is obtained and kept effective planned to be acquired with loan funds Spanish will be provided and displayed on the insurable security property, with as shown in the Request f<^r Conditional where a significant portion of the popu­ loss payable clause in favor of the lender Commitment to Guarantee loan. The lation is Spanish speaking. as mortgagee or secured party. certificate must be signed by the bor­ (ii) Form AD-425, “Contractor’s Af­ (e) Taxes. Taxes and any assessments rower and lender. firmative Action Plan for Equal Employ­ or ground rents against or affecting the (b) Construction and development. All ment Opportunity Under Executive security property are paid. buildings and major repairs to buildings Order 11246 and Executive Order 11375,” (f) Litigation. The loan and security must be constructed or performed under if the contractor or subcontractor is sub­ are protected in foreclosure, bankruptcy, contract by a party other than the bor­ ject to the requirements of paragraph receivership, insolvency, condemnation, rower and members of his immediate (e) of this section. or other litigative or third party actions. family. As soon as construction or sub­

FEDERAL REGISTER, VOL. 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21423 voluntary compliance. If the lender fails, (a) Determination by holder. The (1) The holder’s determinations re­ he will report all the facts to FHA. holder must furnish FHA a statement quired by § 1826.61(a) (2), (5), (6), (7), (g) Employee complaints. Any em­ showing the holder’s determinations (8), and (9). ployee of or applicant fo r employment that: (2) The holder’s determinations that: with such contractors or subcontractors (1) The transferee is eligible for the (i) The transferee is not eligible for the may file a written complaint of discrimi­ type of loan involved. type of loan involved. nation with FHA. (2) The transferee has acquired all of (Ü) The proposed transfer and as­ (1) A written complaint of alleged dis­the property securing the guaranteed sumption appear to be the best method crimination must be signed by the com­ loan balance. for most adequately protecting the finan­ plainant and should include the follow ­ (3) The transferee could not acquire cial interests of the holder and FHA. ing inform ation: the security property without the guar­ . (iii) The market value of the security (1) The name and address (including anteed loan credit. property to be transferred is equal to telephone number, if any) of the com­ (4) The market value of the trans­ or more than the unpaid balance on the plainant. ferred security property is equal to or guaranteed loan, or that the financial sit­ (ii) The name and address of the per­ more than the amount assumed. uation of the transferee is such that any son committing the alleged discrimina­ (5) The existing security and lien difference could be readily collected. tion. priorities have been maintained or (3) The holder’s statement as to the (iii) A description of the acts consid­ improved. term of the assumption and the interest ered to be discriminatory. (6) The transferee appears to have the rate to the transferee. (iv) Any other pertinent information ability and desire to pay the amount (c) Term and interest rate. The term that will assist in the investigation and a ssum ed. of the assumption cannot exceed 5 years resolution of the complaint. (7) Proper hazard insurance is in unless FHA makes a written determina­ (2) Such complaint must be filed not effect. tion that a longer period is necessary to lated than 180 days from the date o f (8) Any applicable Truth in Lending protect the financial interest of FHA as the alleged discrimination, unless the requirements have been met. guarantor. Even if that determination time for filing is extended by FHA fo r (9) The transaction has been properly is made, the term cannot exceed 10 years. good cause shown. closed and coveyance instruments re­ The Interest rate may be any legal rate (h) FHA responsibilities. In addition corded, if recordable. agreed to by the holder and the trans­ to the foregoing requirements of this (b) Assumption agreement. The as­ feree. section and the lender’s advice in the sumption will be made on Form FHA (d ) Interest subsidy. FHA will not pay Request for Contract o f Guarantee that 449-8, “Assumption Agreement for any interest subsidy to the holder in these “All Equal Opportunity and Nondis­ Guaranteed Loans (Same terms),” if the cases in which the debt is assumed by an crimination requirements have been met promissory note repayment schedule re­ ineligible transferee. or will be met at the appropriate time,” mains in effect. If the schedule is (e) Payment Schedule. Since the FHA will make such periodic Checks as changed, Form FHA 449-7, “Assumption promissory note repayment schedule will it deems necessary to assure that all Agreement for Guaranteed Loan (Néw be changed in the Assumption Agree­ equal opportunity and nondiscrimination Terms) ” will be used. ment, the original borrower will have to requirements are met in each loan case. (c) Contract of Guarantee. The ex­ approve the change in writing if he is isting Contract of Guarantee will con­ not to be released from personal liability. §§ 1826.57-1826.59 [Reserved] tinue in effect, so a new Contract of (f) Contract of Guarantee. The exist­ § 1826.60 Transfer and assumption— Guarantee will not be issued. ing Contract of Guarantee will continue general. (d ) Paym ent schedule. The promissory in effect, so a new Contract of Guarantee will not be issued. The transfer of security property by note repayment schedule cannot be changed by the Assumption Agreement (g) Approval by FHA. If FHA finds the borrower and assumption o f guar­ that the docket is complete and concurs anteed loan indebtedness by the trans­ unless the change is approved in writing by FHA, and by the original borrower if in the holder’s determinations, it will is­ feree wall be handled as provided for sue a letter of tentative approval and herein. In transfer and assumption cases, he is not released from personal liability. (e) Finance Office. As soon as the send it and the docket to the holder. If preference will be given to applicants the assumption term exceeds 5 years, the who, after the transfer and assumption transfer and assumption have been com­ pleted, the holder will said two con­ letter will contain FHA’s determination are made, will meet the eligibility re­ as to whether the term is necessary to quirements for the type of loan involved, formed copies of the executed Assump­ tion Agreement to FHA along with the protect the FHA’s financial intereste as if the transferee wall make any cash guarantor. If FHA determines that it down payment in connection with the statement of determinations required in paragraph (a) of this section. The cannot approve the proposed transac­ transfer and assumption, or if any secu­ tion, it wUl inform the holder in writing rity property is to be sold before the County Supervisor will forward one copy of the Assumption Agreement to the Fi­ of the reasons and return the holder’s transfer and assumption, the amount of docket. If the holder satisfies FHA’s ob­ such cash down payment or sale proceeds nance Office for loan identification and future accounting purposes. That copy jections, it may resubmit the docket to should be credited on the transferor’s FHA for reconsideration. guaranteed loan debt before the transfer will be accompanied by FHA’s written approval under paragraph (d) of this (h) Closing transfer and assumption. and assumption are closed. A County Upon receipt of FHA’s approval letter, Committee certification will not be re­ section if the repayment schedule is changed. the holder will proceed with closing the quired. The original borrower may be transfer and assumption transaction, in­ released from personal liability since the § 1826.62 Ineligible transferee^—full cluding, but not limited to, obtaining entire indebtedness is being assumed. As assumption. execution and delivery of the convey­ stated in § 1826.2, where appropriate in ance instruments and the assumption this handbook, “liquidation” and “ loan” An “ineligible transferee” is a person shall be construed to mean “transfer and who does not meet the eligibility require­ agreement, compliance with any Truth assumption,” “promissory note” shall be ments for the type of loan involved. in Lending requirements, and recorda­ construed to mean “assumption agree­ (a) Assumption agreement. The as­ tion of said conveyance instruments, if ment,” and “borrower” shall be con­ sumption will be made on Form FHA recordable. strued to mean “ transferee.” 449-7, “Assumption Agreement for Guar­ (i) Conformed copies. As soon as the § 1826.61 Eligible transferee— -full as- anteed Loans (New Terms).” transfer and assumption transaction has 4s sumption. (b ) Transfer and assumption docket. been closed, the holder will furnish two An “eligible transferee” is a person The holder will prepare and submit a conformed copies of the executed as­ who meets the eligibility requirements transfer and assumption docket to FHA sumption agreement to FHA. FHA will for the type o f loan involved. containing: forward one copy to the Finance Office.

FEDERAL REGISTER, V O L 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21424 PROPOSED RULES

(j) Not substitute for graduation. Thiswhile the acceleration proceedings are in amounts shown in the following Sections procedure for transfer to and assumption process, the holder and FHA will ap­ of that form are correct: by an ineligible transferee will not be praise and endeavor to agree on the mar­ (i) Section n , “ Prior Lien Amounts used as a substitute for requiring the ket value of the security property and Owed to Settlement Date.” transferor to graduate to credit not any additional amounts that can be (ii) Section IV, “Market Value of Se­ backed by a Contract of Guarantee if he readily collected from the borrower (ad­ curity Property.” is able to do so in accordance with the ditional debt payment ability). The term (iii) Section VH A 2, “ Funds in escrow provisions of the security instruments. “market value” as used in this handbook account.” §§ 1826.63— 1826.65 [Reserved] means the amount for which the prop­ (iv) Section VH A 3, “ Net income from erty would sell for its highest and best security property.” § 1826.66 liquidation. use at voluntary sale. If FHA selects loss (v) Section VH A 4, “ Borrower’s debt If either the holder or FHA concludes settlement the option in paragraph (f) payment ability.” that liquidation of a guaranteed loan (3) of this section, “Accept title to prop­ (vi) Section V3H, “ Allowances to account is necessary because of one or erty from registered holder,” or loss set­ Holder for Liquidation Costs.” more defaults or third party actions that tlement option (f) (4) of thi» section, (4) Notwithstanding any provision in the borrower cannot or will not cure or “Pay loss after liquidation,” the deter­ paragraph (f) of this section, if the Fi­ eliminate within a reasonable period of mination of values will be made at the nance Office finds the amount claimed time, it will notify the other party and time specified in the applicable para­ by the holder to be incorrect, the Treas­ the matter will be handled as follows: graph. ury check will be fo r the amount the (a) Holder’s proposed method of (1) If the holder and FHA cannot Finance Offices finds to be correct. The liquidation. Along with the holder’s no­ agree on the value of the security prop­ Finance Office will send an explanation tification to FHA or within 10 days after erty and any additional debt payment of any changes in amounts along with the holder receives a notification from ability of the borrower within 15 days the Treasury check. - FHA, the holder will advise FHA of its after their appraisals are required to be (f) Loss settlement options (Payment proposed method of liquidation and will made, they shall within the next 15 day of loss before or after liquidation, ac­ provide FHA with all available informa­ period or earlier if possible, select a dis­ ceptance of assignment of loan, accept­ tion concerning: interested appraiser who will determine ance of title to property.) FHA will have (1) The borrower’s assets, including such values. The appraiser will make the option to settle its obligation under claims, contracts, accounts receivable the appraisal report to the holder and the Contract of Guarantee in any of the and other contingent assets not serving FHA. following ways. The foregoing para­ as security for the loan. (2) The appraiser’s valuations will be graphs (a) through (e) of this section (2) Its estimated value of all of the used in calculating the loss if FHA agrees will apply regardless of which option is borrower’s assets, including security and that they are correct. Within 10 days selected. nonsecurity property. after FHA receives a copy of the ap­ (1) Pay loss before liquidation. I f FHA (3) The holder’s proposed method of praiser’s report, it will notify the holder elects to pay the loss covered by the Con­ making the maximum collection possible in writing whether it agrees with the tract of Guarantee before the liquidation on the entire indebtedness, including appraiser's valuations. action is taken by the holder or a third that covered by the FHA guarantee and (3) The fee of such appraiser will be party, upon receipt of the Report of Loss that not so covered. shared equally by FHA and the holder. from the holder, the Finance Office will (b) FHA’s response to liquidation pro­ (e) Determination of loss. The amountpromptly have a U.S. Treasury loss pay­ posal. Within 30 days after receipt of of the loss to be paid by FHA will be ment check issued and mailed to the such notification from the holder, FHA initially calculated * by the holder on holder. The check will be for the amount will inform the holder: Form FHA 449-20, “Report of Loss.” set forth in Section IX of the Report of (1) Whether FHA concurs in the (1) Within 15 days after the deter­ Loss (Section IX consists of an adjusted holder’s proposed method of liquidation. mination of values as provided for in sum arrived at by making certain deduc­ (2) Which loss settlement option pro­ paragraph (d) of this section, the holder tions from and additions to the 90 per­ vided in paragraph (f) of this section will execute the original Report of Loss cent Basic Loss guarantee payment owed FHA has selected. To assist FHA in and present it and one conformed copy by FHA to the holder fo r losses on the selecting the loss settlement option, the to FHA for approval. At the same time, promissory note and future advances. lender and holder will, upon request, pro­ the holder will furnish to FHA the orig­ The deductions are for the guarantee fee vide FHA such information, and such inal and one conformed copy of Form owed by the holder to FHA, cash in hold­ legal and other instruments and docu­ FHA 449-19, “Holders Guarantee Fee er’s possession in the escrow account or ments (or'copies thereof or access there­ Report (Semi-annual Report),” bring­ net income from the security property, to) , as the lender and holder have with ing the last semiannual report up to date. and any amount that the holder can respect to the guaranteed loan transac­ (2) If FHA has any question regarding readily collect from the borrower in ex­ tion. the amounts set forth in the Report of cess of the value of the security. The (c) Acceleration. If FHA does not Loss, it will investigate the matter. The deductions are totalled in Section VH B select loss settlement the option in para­ holder will make its records available to, of the Report of Loss. The additions are graph (f) (2) of this section, “Accept and otherwise assist FHA in making this for any interest subsidy payments to­ assignment of loan,” the holder will pro­ investigation. If FHA finds any discrep­ talled in Section VH E and any allow­ ceed as expeditiously as possible with ac­ ancies, it will contact the holder and get ances for liquidation costs totalled hi celeration of the indebtedness, includ­ the necessary corrections made as soon Section VIII C, which are self-explana­ ing giving any notices and taking any as possible. When FHA finds the Report tory.) If the liquidation is being con­ other actions required by the security of Loss to be proper in all respects, it ducted by the holder and it subsequently instruments or law. A copy of the ac­ will be “Tentatively Approved” in the decides: celeration notice or other acceleration space provided on the form for that (1) Not to liquidate, it will refund to document will be sent to FHA. If FHA purpose. FHA any amount paid to it by FHA for liquidation costs. selects the option in paragraph (f)(2) (3) After the Report of Loss has been of this section, the indebtedness will not (ii) To employ a different method of tentatively approved, FHA will send the liquidation for which the cost is less than be accelerated. original Report of Loss and the original (d) Determination of values. I f FHA the amount paid to it by FHA for liqui­ interim Holders Guarantee Fee Report dation costs, it will refund the difference selects loss settlement the option in para­ to the Finance Office for issuance of a graph (f)(1) of this section, “Pay loss to FHA. Treasury check in payment of the (2) Accept assignment of loan. I f FHA before liquidation,” or loss settlement the amount owed by FHA to the holder. The option in paragraph (f ) (2) of this sec­ Finance Office will analyze these reports elects to take an assignment o f the loan, tion, “Accept assignment of loan,” with­ to see whether the amount claimed is cor­ the amount of the Treasury check will in 15 days after FHA has advised the rect. In analyzing the Report of Loss, the be calculated on the Report of Loss. It holder of such selection, or preferably Finance Office will assume that the will be for the “Market Value of Security

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21425

property” total shown in Section IV C, (iv) The Finance Office will send theof the Contract of Guarantee, the holder less the “Prior Lien Amounts” total Treasury check to the FHA for delivery will furnish to FHA a report on the bor­ shown in Section n D (if that sum is to the holder when the holder furnishes rower’s financial situation. FHA will use less than the “Guaranteed Loan Items” the following items in the form required the report in determining whether the total shown in Section I E ), plus the by FHA: borrower is able to graduate to credit amount of the “Percentage of Basic Loss (A) General Warranty Deed covering without a Contract of Guarantee. If FHA Guaranteed” shown in Section VI, less the acquired real property (FHA may so determines on the basis of the holder’s the amount of the “Guarantee fee owed also require a policy of owner’s title in­ report and any other information, or if by holder” shown in Section VIIA 1, plus surance if it is unwilling to rely on the such a determination is made by FHA at the amount of any “Interest subsidy” grantor’s warranty, the cost to be shared any other time, it will notify the holder shown in Section VH D 1. equally by FHA and the holder). in writing to that effect, explaining the (i) Upon receipt of the Report of Loss, , (B) Bill of Sale or other required con­ basis of the determination. If the lender the Finance Office will send the Treasury veyance containing a general warranty disagrees, it will notify FHA in writing check to FHA for delivery to the holder of title to any acquired personal property of the reasons for its disagreement, and when the holder furnishes the following (and any fixtures not covered by a war­ FHA will reconsider the matter. If the items in the form required by FHA: ranty deed). holder does not disagree with FHA’s ini­ (A) Promissory Note endorsed payable (C) Possession of all conveyed prop­ tial determination, or if FHA does not to the order of the United States of erty. change its mind on reconsideration, FHA America. (D) Any other instruments required by will request the borrower to obtain the (B) Security instruments with any re­ FHA to perfect its ownership and pos­ credit without the FHA guarantee. If the quired assignments thereof (filed or re­ session of the conveyed property. borrower fails or refuses to do so, FHA corded, if required). (4) Pay loss after liquidation. FHAwill notify the holder and it will proceed (Ç) Assignment of any escrow agree­ may decide to wait and pay the loss with liquidation as in the case of any ment and any funds in the escrow ac­ covered by the Contract of Guarantee other substantial default. count, and any claims for future ad­ after liquidation by the holder or a third §§ 1826.67— 1826.70 [Reserved] vances already made: party, regardless of who acquires the (D) Evidence of title and ownership. security property in the liquidation pro­ § 1826.71 FO eligibility requirements. (E) Any other instruments required by ceedings. If FHA chooses this loss set­ To be eligible for an FO (Farm Owner­ FHA to perfect its ownership of the tlement option, it may elect to pay the ship) loan each applicant must: guaranteed loan and related rights. loss before or after any applicable re­ (a) Citizen. Be a citizen of the United (ii) Any net rental nr other income demption period. In any event, under States. that has been received by the holder from this option, FHA will not take title to (b) Legal capacity. Possess legal ca­ the security property (Section VU A 3 said property. , pacity to incur the obligations of the of Report of Loss) should be applied on (i) The provisions of paragraph (f) loan. the guaranteed loan debt before FHA ac­ (3) (i) of this section with respect to De­ (c) Experience or training. Be an in­ cepts an assignment o f the loan. The termination of Values, Report of Loss, dividual who has: holder’s right to funds in the escrow ac­ and Settlement Date are applicable here. (1) Farming experience or farm train­ count (Section V IIA 2 o f Report o f Loss) (ii) The Treasury loss payment check ing sufficient to assure reasonable and the account itself will be assigned to will be calculated on the Report of Loss, prospects of success in the proposed f h a . : ;:| i and will be in the s m o f the “ (Adjusted farming operation, and (3) Accept title to property from regis­Basic Loss) ” shown in Section VH F of (2 ) Other training or experience when tered holder. If FHA elects to wait and that form if liquidation was by a third nonfarm enterprises are involved to as­ accept a conveyance of the former se­ party, or the amount of the “Total Loss sure success with such proposed opera­ curity property from the holder after Payable to Holder” shown in Section IX, tion. A nonfarm enterprise is any busi­ the holder has acquired title to it by if liquidation was by the holder. ness conducted by an eligible farmer to voluntary conveyance in lieu of fore­ (iii) The “Market Value of Security supplement his farm income. closure or by purchase at foreclosure or Property” total shown in Section IV C (d) Character, ability, industry. other forced sale: of the Report of Loss, will be the ap­ Possess the character, ability, and in­ (i) A determination of value of the praised value as determined under para­ dustry necessary to carry out the pro­ former security property will be made graph (d) of this section or the acquisi­ posed opération and be a person who will within 30 days after title (record title, tion price at a forced sale, whichever honestly endeavor to carry out the un­ if conveyance can be filed or recorded) amount is more. dertakings and obligations required of is vested in the holder, except that if a (iv) The Finance Office will send the him in connection with the loan. period of redemption exists, this action, loss payment check direct to the holder. (e) Other available financing. Be un­ at FHA's option, may be delayed until (g) Maximum amount of loss payment able with his own resources, or be unable the applicable period of redemption has to holder. Notwithstanding any other to obtain sufficient credit elsewhere expired. The Report of Loss will be pre­ provisions of this Handbook, the amount without a guaranteed loan, to finance his pared on the same basis as if the bor­ payable by FHA to the holder for loss actual needs at rates and terms he could rower still owned the property. The Set­ sustained on the loan and future ad­ reasonably expect to fulfill, taking into tlement Date in the Report o f Loss will vances. cannot exceed 90% of the loan consideration prevailing private and co­ be approximately 30 days after FHA re­ principal advanced by the lender to the operative rates and terms in the com­ ceives the Report of Loss. borrower under the guaranteed loan munity in or near which he resides for (ii) The Treasury check will be cal­ promissory note or assumed by the as­ loans for similar purposes and periods of culated on the Report of Loss-It will be suming parties under an assumption time. agreement in à transfer and assumption for the “Market Value of Security Prop­ (f) Owner-operator, production. After erty” total shown in Section IV C, less case. the loan is made, be the owner-operator the “ Prior Lien Amounts” total shown in (h ) Application of FHA loss payment. The amount of the loss payment by FHA of a family farm which will produce a Section H D (if the sum is less than the substantial portion or all of his total in­ “Guaranteed Loan Items” total shown will be applied by the holder on the in Section I E), plus the amount of the guaranteed loan debt. come. “Total Loss Payable to Holder” shown in (i) Graduation of borrowers. One of § 1826.72 Preference between FO ap­ Section IX (explained in paragraph (f) the defaults that may occur involves p licants. (1) of this section). failure or refusal of the borrower to Preference will be given: (iii) Iri Section IV C of thé Report of graduate to credit not backed by a Con­ (a) Veterans. First to applications on tract of Guarantee, after FHA deter­ Loss, the total market value o f the secur­ hand from veterans over applications of ity property will be the appraised value mines that he is in a position to graduate as determined under paragraph (d) of under the provisions of the security in­ nonveterans on file with the lender at this section. struments. Every 5 years after issuance the same time. A veteran is a person who

FEDERAL REGISTER, VOL. 38, NO. 152— -WEDNESDAY, AUGUST 8, 1973 21426 PROPOSED RULES

has been discharged or released from the ing or Great Plains programs, but only of such security, whichever is less, or the active forces of the United States Army, when such costs cannot be covered by amount certified by the County Commit­ Navy, Air Force, Marine Corps, or Coast purchase orders or assignments to mate­ tee. This includes all principal and past- Guard under conditions other than dis­ rial suppliers or constractors. due interest indebtedness on existing honorable, and served on active duty in (d) Refinancing of debts. (1) When an proposed security. any such forces : applicant’s request includes the use of (b) Noncontiguous tracts. I f the farm (1) During the period o f April 6, 1917, guaranteed loan funds for the refinanc­ contains two or more noncontiguous through March 31, 1921; ing of debts, the lender must determine tracts, they must be so located that the (2) During the period December 7, before a guaranteed loan can be made farming operation and any nonfarm en­ 1941, through January 31, 1955; or that the applicant’s present creditors will terprise can be efficiently conducted, (3) For a period of 180 days or more, not give him rates and terms on the ex­ considering the distance and adequacy any part of which occurred after Jan­ isting debts that he reasonably could be o f rights-of-w ay or public roads between uary 31, 1955. expected to meet without an FHA guar­ the tracts. (b ) Other applicants. Second to ap­antee, and that he cannot provide the (c) Dwellings and other''essential plications from persons who are; needed funds from his own resources. buildings. Buildings adequate for the (1) Married or have dependent fam­ (2) Section 1826.11 sets forth certainplanned operation of the farm, includ­ ilies. conditions and limitations with respect ing any nonfarm enterprise, must be (2) Owners of livestock and farm ma­ to the use of a guaranteed loan to refi­ available. In nearly all cases the neces­ chinery and equipment necessary to suc­ nance debts owed to the lender or owed sary buildings will be located on the ap­ cessfully carry on farming operations. to, or insured or guaranteed by, parties plicant’s farm. However, if the applicant (3) Able to make downpayments. other than FHA. Debts owed to FHA owns suitable buildings which are not also may be refinanced with a guar­ § 1826.73 FO loan purposes. considered a part of his farm and ordi­ anteed loan in justifiable cases. However, narily would not pass with the farm in Subject to the prohibitions in § 1826.74 an FHA loan held by an insured or a change o f ownership, duplicate build­ and the loan limitations and special guaranteed lender will not be refinanced ings on the farm need not be required if provisions in § 182è.75, FO loans that are with a guaranteed loan unless the rate adequate security can be obtained. Like­ consistent with environmental require­ on the proposed guaranteed loan (bor­ wise, duplicate buildings on the farm ments for the area may be made to: rower’s rate plus any interest subsidy) (a) Purchase or enlargement. Purchase need not be required if the applicant has will not exceed the total existing interest a long-term lease on adequate buildings or enlarge à farm, including any land for rate to the insured or guaranteed lender. recreation or other nonfarm enterprise near enough to properly operate the (e) Expenses and Social Security farm and if adequate security can be which is not, or as enlarged will not be, Taxes. Pay expenses incident to obtain-^ obtained. The same rule may be applied larger than a family farm. ing plans and making the loan, such as (b) Improvements. Construct or im­ if the applicant has assurance of long­ fees for legal, architectural, appraisal term occupancy of such buildings he ex­ prove buildings and facilities on the ap­ and other technical services, which are plicant’s farm, including: pects to inherit. Mobile homes will ribt required to be paid by the borrower and be considered adequate dwellings for FO (1) Construction of essential but which he cannot pay from other funds. farm s. modest farm dwelling and service build­ Loan funds also may be used to pay the (d) Land and facility development. ings, including fish farming facilities, borrower’s share of Social Security taxes structures and hatcheries, and facilities for labor hired by the borrower in con­ Adequate development to place the farm and structures for nonfarm enterprise nection with making the planned build­ and any nonfarm enterprise in condition uses, such as docks, shooting blinds, re­ ing improvements. for successful operation will be provided freshment or marketing stands, process­ " ( f ) Nonfarm enterprises. Finance a at the outset in connection with each ing or assembly plant, sales building, re­ nonfarm enterprise as hereinbefore pro­ loan. In planning farm development, pair shops, lodging facilities, trailer vided for in this section, but only when consideration should be given to obtain­ parks, picnic areas, target ranges, tennis it will provide an additional source of ing recommendations from the Forest courts, shuffleboard courts, golf driving necessary supplemental income. Service, Soil Conservation Service, Ex- ranges, campsites, 'and modest rental tention Service, and State o f substate housing. § 1826.74 Prohibited FO loan purposes. planning agencies or local planning (2) Improvement, alteration, repair, An FO loan will not be guaranteed to: groups. In planning such development replacement, relocation, or purchase and (a) Personal property. Purchase items with the applicant, the lender will en­ moving of such essential dwellings and not considered to be a part of the farm, courage him to use any cost-sharing as­ service buildings, facilities and struc­ such as farm machinery and equipment, sistance that may be available. tures. appliances, livestock, construction and (e ) , Performing development. The (3) Purchase and/or installation of maintenance tools, automobiles, trucks, lender and borrower will be responsible domestic water and sewage disposal sys­ boats, and nonfarm enterprise equip­ for proper construction and land devel­ tems and other equipment or facilities ment that would not be considered real opment with the amount o f funds loaned necessary to the effective operation of a estate. for that purpose. In this connection, see farm (including any nonfarm enter­ (b) Land retirement area. Acquire land §§ 1826.3(e), 1826.14(b), and 1826.46(a). prises) , provided the items upon installa­ or develop a farm which is in an area des­ This includes, but is not limited to: tion become part of the real estate or ignated for retirement from agriculture (1) Compliance with applicable laws, by Federal, State or local agencies. ordinances, codes, and regulations. customarily pass with the farm when it (2) Adequacy of plans, specifications, is sold. (c) Refinancing. Refinance any debts owed to, or insured or guaranteed by, the and estimates.. (c) Land and water development. Pro­ (3) Sufficiency, quality, and rights to vide land and water development, ac­ lender without prior written consent of FHA. Also see § 1826.11. adequate water supply. quisition of water supplies, rights, use (4) Method of construction or devel­ and conservation essential to the opera­ (d) Pay debts not approved. Pay debts opment. tion of the farm, and any nonfarm enter­ incurred for purposes other than those (5) Awarding, execution, and provi­ prise facilities. | This includes fencing, upon which the Conditional Commitment sions of construction or development land clearing, forestry purposes, estab­ for Guarantee was based. contracts, and bonding of contractor? lishment and improvement of permanent where necessary. hay or pasture, drainage and irrigation § 1826.75 FO loan limitations and spe­ facilities, basic application of lime and cial provisions. (6) Seeing that all equal opportunity fertilizer, fish ponds, and trails and lakes. For an FO loan to be guaranteed: and nondiscrimination requirements are Also, loan funds may be used to pay that (a) Indebtedness limitation. The FO met. See §§ 1826.26(a) (7) and 1826.56. part of the cost of facilities, improve­ loan plus any other indebtedness against (7) Seeing that construction or devel­ ments and practices which is to be earned the farm or other security, or both, must opment is performed expeditiously and by participation in agricultural cost shar­ not exceed $100,000 or the market value properly, including Inspection of sites

FEDERAL REGISTER, VOL. 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21427 and construction or development in vari­ interest in the land to be improved, the services. Paying the cash costs for mate­ ous stages of completion to determine applicant and his co-owners, individually rials, supplies, equipment, and services that the work and material conform with or jointly, must be unable to provide the related to land and water development, die plans and specifications and any necessary improvements with their own use, and conservation, such as: other requirements. resources or obtain the necessary credit (1) Terraces, dikes, reservoirs, ponds, (8) Limiting periodic or partial pay­ (elsewhere without an FHA guarantee. tanks, cisterns, wells, pipelines, pumping ments for construction or development (1) The term “farm” includes the total and irrigation equipment, ditches and to a reasonable percentage of the actual acreage of one or more tracts of land, canals for irrigation and drainage, wa­ value of work and material in place. which is owned or operated by the ap­ terways, and erosion control structures. (9) Making final payment only after plicant as a single unit. (2) Drainage of land which is part of final inspection has been made and the (2) The farm must be of such size and an operating farm unit. construction or development has been productive capacity to produce agricul­ (3) Land clearing. found proper in all respects. tural commodities for sale in sufficient (4) Sodding, subsoiling, land leveling, (10) Obtaining appropriate releases quantities that the farm will be recog­ liming, and fencing. from laborers, materialmen, contractors, nized in the community as a farm rather (5) Fertilizer and seed used in connec­ subcontractors, or other parties involved, than a rural residence. tion with a soil conservation practice, or to assure that there will be no lien or (3 ) The farm must be one that will the establishment or improvement of other claims by any such parties against provide farm income which together with permanent pasture. the borrower or the security property. any income from other sources will pay (6) Forestation for sustained yield and (f) Liens junior to the lender’s FOoperating expenses, including mainte­ tree planting for erosion control or lien. A loan will not be approved if a lien nance of land, buildings, and other struc­ shelter-belt purposes. junior to the FO lien likely will be taken tures, pay debts, have a reasonable re­ (7) Gasoline, oil, and equipment rental simultaneously with or immediately sub­ serve for unforseen emergencies, and, if or hire. sequent to the closing of the loan to an individual or partnership, enables the (8) Expense incident to obtaining secure any debt the borrower may have family to have a reasonable standard plans and making the loan, such as fees at the time of loan closing or any in­ o f living. for legal, engineering, and other tech­ debtedness he may incur in connection (b) Corporation—stockholders unable nical services which are required to be with the FO loan, such as for a portion to provide financing. If a corporation, the paid by the borrower and which he can­ of the purchase price of the farm or corporation and the principal stockhold­ not pay from other funds. Loan funds money borrowed from others for pay­ ers as defined in § 1826.112(f) must be also may be used to pay the borrower’s ments on debts against the farm , unless unable to provide necessary improve­ share of Social Security taxes for labor the total debt against the security would ments with its and their own resources hired by the borrower in connection with be within the $100,000 debt lim it or the or obtain the necessary credit elsewhere making any planned improvements. market value o f the security, whichever without an FHA guarantee. (9) Purchase or repair of special-pur­ is less. (c) Corporation—private domestic. If pose equipment such as terracing, land a corporation, be organized as a private leveling, and ditching equipment, pro­ § 1826.76 FO rates and terms. domestic corporation under appropriate vided: (a) Interest rate to borrower. See State laws. (i) Such equipment is needed for, and §1826.13. (d) Character, industry, and ability. will facilitate the completion or main­ (b) Loan term . Each loan will be Possess the character, industry, and abil­ tenance of, the planned improvement, scheduled for repayment over a period ity to carry out the proposed operations and not to exceed 40 years from the date of and will honestly endeavor to carry out (ii) The cost of the equipment plus the the note or such shorter period as may the undertakings and obligations re­ other costs related to the improvement be necessary to assure that the loan will quired in connection with the SW loan. will not be more than if performed by be adequately secured, taking into ac­ (e) Training and experience. Have contract or other methods. count the probable depreciation of the training or farm experience necessary to (b) Water source. Acquiring a source security. give reasonable assurance of success in of water to be used on land the applicant (e) Reamortization. If the borrowerfarming whenever the soundness of the owns or is acquiring, including: pays 25% or more of the loan balance loan depends on the farming operation. (1) Purchase of water stock or mem­ before it is due, from the sale of part of (f) Legal Capacity. Possess legal bership in an incorporated water users the security with the approval of the capacity to incur the obligations of the association. holder or with funds derived from other loan. (2) Acquisition of a water right sources, the holder may agree to a re­ (g) Lease of tenant. through appropriation, agreement, per­ amortization of the balance owed, pro­ If a tenant, have a satisfactory written mit, or decree. vided the repayment period does not ex­ lease for a sufficient period of time and (3) Acquisition of a water supply or ceed the remaining portion o f the orig­ under terms that will enable him to ob­ right, and the land on which it is pres­ inal loan terms and the remaining se­ tain reasonable returns on the improve­ ently being used, when the water supply curity is adequate for the balance owed. or right cannot be purchased without the ments made with the SW loan. In addi­ land, provided: §§ 1826.77-1826.80 [Reserved] tion, the lease or separate agreement should provide for compensating the (i) The value of the land without the § 1826.81 SW eligibility requirements. water supply or right is only an inci­ tenant for any unexhausted value of the dental part of the total price, and To be eligible for an SW (Soil and improvements upon termination of the (ii) The water supply and right will Water) loan the applicant must: lease, unless a loan is being processed as be transferred to, and used more effec­ (a) Tenant, owner, partner, corpora­ authorized in § 1826.85(d) with respect to tively on, other land owned by the tion; farm. Be a farm tenant or farm loans on leasehold interests in farms. applicant. owner, member of a partnership that owns and operates a farm, or a domestic § 1826.82 Preference between SW ap­

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21428 PROPOSED RULES

improvements for which loan funds may courage him to use any available cost- any part of the premises taken by con­ be used. sharing assistance. demnation. (e) Cost sharing programs. Paying (c) Performing development. The pro­ (ix) Any other provisions necessary to that part of the cost of facilities, im­ visions of § 1826.75(e) are applicable to meet the requirements of this paragraph. provements, and practices which is to be performing development in SW loan (2) In any State in which real estate earned by participation in agricultural cases. or chattel mortgages or security agree­ Cost sharing or Great Plains programs (d) Loans on leasehold interests in ments may be taken on leasehold inter­ only when such costs cannot be covered farms. A loan may be secured by a mort­ ests and recorded so as to protect the by purchase orders or assignments to gage on a leasehold that has a negoti­ mortgageer or secured party, the holder material suppliers or contractors. If loan able value that is mortgageable, if other­ will see that the security instruments or funds are advanced and the portion of wise proper, where the lessor owns the fee financing statements are properly filed the payment for which the funds were simple title marketable in fact and or recorded. advanced likely will exceed $500, the ap­ neither the leasehold nor the fee title is plicant will assign the payment to the subject to a prior lien. If in any case in­ § 1826.86 SW rates and terms. lender. volving a prior lien the lender concludes The rates and terms for SW loans are (f) Water supply and distribution. To that a sound loan can be made upon a the same as for FO loans set forth in provide water supply for dwellings and leasehold, he will submit complete infor­ § 1826.76. farm buildings, including such facilities mation to FHA for review and special as wells, pumps, farmstead distribution authorization prior to approval of the §,1826.87— 1826.90 {Reserved] systems, and home plumbing. loam § 1826.91 RL eligibility requirements. (1) With respect to achieving the pur­ § 1826.84 Prohibited SW loan purposes. To be eligible for an RL (Recreation) pose of the loan, obtaining adequate loan, the applicant must: An SW loan will not be guaranteed: security, and being able to service the (a) Farmer. Be an individual regularly (a) Items not directly related to main loan and enforce the security, the lender engaged in farm ing at the time he applies purpose. For items that are not directly as hblder of a mortgage upon a lease or for the initial loan. related to land and water development, leasehold interest must be in a position (b) Recreation manager or operator. use, and conservation, such as annual op­ substantially as good as if it held a sec­ Be the manager and operator of the rec­ erating expenses, power plants, or power ond mortgage on a fee simple title. This reation enterprise after the loan is made. transmission lines other than service includes besides lessors’ consent to the (c) Other available financing. Be un­ drops or lines, or buildings other than SW mortgage on the leasehold interest able with his own resources, or be unable those to protect pumping installations. of the lessor, such matters as: to obtain sufficient credit elsewhere with­ (b) Recreation. For recreational pur­ (i) Reasonable security of tenure. The out a guaranteed loan, to finance his ac­ poses. borrower’s interest will not be subject to tual needs at reasonable rates and terms (c) Preexisting debts. To pay debts in­ summary forfeiture or cancellation. he could reasonably expect to fulfill, tak­ curred prior to the closing of the SW (ii) The rights to foreclose the SW ing into consideration prevailing private loan except fees for legal, engineering, mortgage and sell without restrictions and cooperative rates and terms in the and other technical services. that would adversely affect the salability community in or near which he resides § 1826.85 SW loan limitations and spe­ or market value of the security. for loans for similar purposes and periods cial provisions. (iii) The right of the holder to bid at of time. » foreclosure sale or to accept a voluntary (a) Indebtedness limitation. An SW (d) Citizen. Be a citizen o f the United conveyance of the security in lieu of States of America. loan will not be guaranteed if : foreclosure. (1) The borrower’s unpaid principal (e) Legal capacity. Possess legal capac­ (iv) The right of the holder, after ity to incur the obligations o f the loan. indebtedness plus any past-due interest acquiring the leasehold through fore­ against the security and the amount of (f) Character, ability, industry. closure or voluntary conveyance in lieu Possess the character, ability, and in­ the loan will exceed $100,000. I f only non- of foreclosure, or in event of abandon­ real estate items will serve as security, in dustry to carry out the proposed opera­ ment by the borrower, to occupy the tion and honestly endeavor to carry out additioirto the limitation above, the bor­ property or sublet it, and to sell for rower’s unpaid principal indebtedness the undertakings and obligations re­ cash or credit. quired of him in connection with the plus any past-due interest against the (v) The right of the borrower, in the loan. nonreal estate security and plus the event of default or inability to continue (g) Training or experience. Have the amount of the loan will exceed $25,000. with the lease and the SW loan, to trans­ (2) The amount of the loan and the training or experience necessary to give fer the leasehold, subject to the SW reasonable assurance of success in the unpaid principal balance plus any past- mortgage, to a transferee who will as­ due interest on other secured debts proposed operation. sume the SW debt. (h ) Tenant’s lease. I f he is a tenant, against the farm will exceed the market (vi) Advance notice to the holder of have a satisfactory written lease for a value of the farm and, when applicable, lessor’s intention to cancel, terminate, or sufficient period o f time and under terms the market value of any other security, foreclose upon the lease. Such advance that will enabl£ him to obtain reason­ as determined by the lender, or the loan notice will afford sufficient time to per­ able returns on the improvements made exceeds the amount certified by the mit the holder to ascertain the amount with the Recreation loan. In addition, the County Committee. of deliquencies, the total amount of the lease or a separate agreement must pro­ (3) A lien junior to the FHA lien likely lessor’s and any other prior interest, the vide for compensating the tenant for any will be taken simultaneously with or im -' market value of the leasehold interest unexhausted value of the improvements mediately subsequent to the closing of and, if litigation is involved, to refer the upon termination of the lease, unless the the loan to secure any debt the borrower case with a report of the facts to its at­ loan is to be secured by a leasehold. For may have at the time of the loan closing torney and permit him to take appro­ additional provisions with respect to or any indebtedness he may incur in con­ priate action. loans on leaseholds, see § 1826.95(f). nection with the SW loan, unless such a (vii) Express provisions covering the lien is within the $100,000 debt limit or question of payment' by the holder of § 1826.92 Preference between RL appli­ ,the market value of the security, which­ unpaid rentals or other charges accrued cants. ever is less. at the time it acquires possession of the The veterans preference provisions of (b) Land development. To the extent property or title to the leasehold, and § 1826.72(a) are applicable to RL loans. practicable, recommendations from the those which become due during the Forest Service, Extension Service, and holder’s occupancy or ownership, pending § 1826.93 RL loan purposes; the Soil Conservation Service should be further servicing or liquidation. Subject to the prohibitions in § 1826.94 obtained. In planning land development (viii) Any necessary provisions to as­ and the loan limitations and special pro­ with the applicant, the lender will en­ sure fair compensation to the lessee for visions in § 1826.95, RL loans that are

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21429 consistent with environmental require­ come within the $100,000 debt limit or limitation on youth loans in paragraph ments for that area may be made to: the market value of the security, which­ (p) of this section, OL loans may be (a) Personal property and services. ever is less. made fo r: Purchase materials, supplies, animals, (c) Operating expenses. W hen a R ecre­ (a) Farm personal property. Purchase fish and birds, and pay for services re­ ation loan includes funds for the pay­ of livestock, poultry, other farm animals, quired in the establishment of outdoor ment of operating expenses, the borrower fish, bees, and farm machinery and recreation facilities. will be required to pay the operating equipment including forestry enterprise (b) Real property. Acquire necessary expenses as expeditiously as feasible, equipment. land, easements, and rights-of-way for usually within the first year or two but in (b) Nonfarm or recreation personal outdoor recreation uses. no case in more than 5 years. property. Purchase of nonfarm or recrea­ (c) Land and water development. De­ (d ) Land, buildings, and facilities. tional enterprise animals, birds, fish, velop land and water resources for out­ Adequate land, buildings; and facilities machinery and equipment, facilities, fur­ door recreation uses. * will be developed to place the recreation nishings, inventories, and supplies; and (d) Buildings and facilities. Construct enterprise in condition for successful purchase of any essential franchises, or improve modest and essential build­ operation at the outset for each loan. To contracts, or privileges. ings and facilities for outdoor recreation the extent feasible, recommendations (c) Undivided interests. Purchase of uses. from the Forest Service, Extension Serv­ undivided interests in the items included (e) Refinance debts. Refinance se­ ice, Soil Conservation Service, Agricul­ in paragraphs (a) and (b) of this sec­ cured and unsecured debts. tural Stabilization and Conservation tion which would be operated under a (f) Equipment, fixtures, facilities. Service, and State' Planning and De­ joint arrangement. Purchase and install equipment, fixtures, velopment agencies should be obtained. (d) Supplies, repairs, rental, operating and other facilities necessary to the ef­ In planning such development with the expenses. Purchase of feed, seed, fertil­ ficient operation of the recreation enter­ applicant, the lender will encourage him izer, insecticides, and other supplies, in­ prise. : to use any cost-sharing assistance that cluding inventory; the repair or rental (g) Operating expenses. Pay operating is available. of machinery and equipment; and pay­ expenses necessary to efficient operation (e) Performing development. See ment of other operating expenses. of the recreation enterprise, such as § 1826.75(e). (e) Cash rent and grazing fees. Pay­ labor, fuel, electricity, water, sewer (f) Loans on leasehold interests. The ment of equitable cash rent or cash charge, advertising, feed, seed, fertilizer, provisions of § 1826.85(d) with respect to charges for use of essential buildings, and hazard insurance premiums, which SW loans on leasehold interests in farms pasture, hay, crop or other land, and the borrower cannot pay from his own are equally applicable to RL loans on cost of grazing permits for the crop year funds or obtain from other sources at leaseholds. being financed, provided: reasonable rates and terms within his (1) The applicant is obligated under ability to pay. § 1826.96 RL rates and terms. a written lease or other formal agree­ (h) Fees for services, Social Security (a) Interest rate to borrower. See ment to pay such rent or charges before taxes. Pay essential expenses incident to § 1826.13. income will be available from the opera­ obtaining plans and making the loan, (b) Loan term . Each employee will be tion. such as fees for legal, architectural, arid scheduled for repayment over a period (2) Not more than one year’s cash other technical services which the bor­ not to exceed 40 years from the date of rent or cash charges will be paid with rower cannot pay from other funds. Loan the note or such shorter period as may be loan funds in any one lease year. funds also may be used to pay the bor­ necessary to assure that the loan will be (3) The terms of the rental agreement rower’s share of Social Security taxes for adequately secured, taking into account provide the applicant with reasonably labor hired by the borrower in connec­ the probable depreciation of the security. satisfactory tenure. tion with making planned building im­ However, a loan not secured by real (f) Property taxes or assessments. provements or installation of equipment' estate or a leasehold will be scheduled Payment of current year’s personal and and facilities for the recreation enter­ for payment over a period, not to exceed real property taxes and water or drain­ prise. 20 years from the date of the note. age charges or assessments. (c) Reamortization. See § 1826.76(f). § 1826.94 Prohibited RL loan purposes. (g) Social Security taxes. Payment of §§ 1826.97-1826.100 [Reserved] Social Security taxes in connection with A recreation loan will not be guaran­ hired labor. teed if: § 1826.101 OL eligibility requirements. (h) Insurance premiums. Payment of (a) Dwelling and farm service build­ To be eligible for an OL (Operating) real estate and personal property haz­ ings. The funds will be used to construct loan each applicant must meet the re­ ard insurance premiums. farm service buildings or a dwelling for quirements o f § 1826.71 except that: (i) Membership or stock. Acquisition personal occupancy. (a) Farm operator. After the loan is of memberships and/or stock in farm or (b) F o debt. The borrower is indebted made, the applicant may only be the “op­ nonfarm purchasing, marketing, and for a Farm Ownership loan and his total erator,” rather than the “owner-opera­ service-type cooperative organizations, farming operation has not or will not be tor” of the farm, and exclusive of membership in organizations converted to recreational enterprises. (b) Rural youth. Loans may be made which will acquire, lease, or improve § 1826.95 RL loan limitations and spe­ to rural youths as defined in § 1826.2 property not otherwise under the control cial provisions. even though they have not reached their o f the members. majority under State law, provided: (j) Home equipment and furnishings. (a) Indebtedness limitation. The RL (1) At least one of their parents or Purchase of essential home equipment loan plus any other indebtedness against guardian and their project advisor rec­ and furnishings. the farm qr other security, or both, must ommends the loan. (k) Refinancing. Refinancing secured not exceed $100,000 or the market value and unsecured debts, provided the of such security, whichever is less, or (2) They are participating in activi­ ties of 4-H, Future Farmers of America, amount loaned for such purposes does the amount certified by the County Com­ not exceed the market value of the prop­ mittee. This includes all principal and Future Homemakers of America, or simi­ lar organizations. erty involved that will be security for past-due interest indebtedness on exist­ the loan. If a debt owed to the lender ing and proposed security. § 1826.102 Preference between OL ap­ is being considered for refinancing, see (b) Junior liens. If a lien junior to the plicants. § 1826.11. lender's RL hen likely will be taken The veterans preference provisions of (l) Milk base. Purchase of milk base simultaneously with or immediately sub­ § 1826.72(a) are applicable to OL loans. sequent to the closing of the RL loan to or quota with or without cows. secure any debts the borrower may have § 1826.103 OL loan purposes. (m ) Grazing license or permit. Pur­ at the time of the loan closing or any Subject to the prohibitations set forth chase of grazing license or permit rights indebtedness he may incur in connection in § 1826.104, the loan limitations and of private parties which can be validly with the RL loan, such a lien must also special provisions in § 1826.105 and the sold and transferred or waived separate

FEDERAL REGISTER, VOL. 38, NQ. 152— WEDNESDAY, AUGUST 8, 1973 No. 152-— 7 21430 PROPOSED RULES from any land lease or other interest in more than three individuals are inter­ (c) Production losses or property dam­ land with or without livestock. ested in the operation, and the operation ages. Have suffered production losses or (n) Real estate improvements. Real provides the equivalent of not larger than property damage directly related to estate improvements or repairs not ex­ one family operation for each individual. the unusual and adverse weather condi­ tions which resulted in the major dis­ ceeding $2,500. § 1826.106 OL rates and terms. (o) Pollution abatement and control. aster (s) designation by the President, or Acquisition of equipment and materials (a) Interest rate to borrower. See the natural disaster(s) designation by for, and development of measures for, § 1826.13. the Secretary, or the authorization of the pollution abatement and control. (b) Loan term . The final maturity of State Director because of an isolated pro­ (p) Rural youths. Loans to rural the loan cannot exceed 7 years fiom the duction loss. Also, it must be established youths may be made only for the pur­ date of the promissory note. that all losses or damages upon which pose of initiating, developing and carry­ (c) Renewal. The loan may be re­ eligibility for the loan is based were ing on a farm or nonfarm project in con­ newed if the holder determines that the caused during the time period established nection with the rural youth’s participa­ renewal will assist in the orderly collec­ for the occurrence of the disaster. tion in activities of 4-H, Future Farmers tion of the loan. However, no renewal (1) Production losses. The production of America, Future Homemarkers of shall be for a period longer than the orig­ losses must have been of a severe nature. America, and similar organizations. inal loan term or 5 years, whichever is This means that they must have been (q) Living expenses. Meeting essential less. Moreover, no initial renewal nor any substantially greater than would be ex­ family living expenses. combination of such initial and subse­ pected from normal fluctuations in (r) Appraisal fees and loan closing quent renewals shall extend the repay­ yields. In making this required determi­ expenses. Appraisal fees and expenses ment period beyond* 5 years from the nation about production losses, consider­ incident to loan closing. initial renewal date or the original final ation will be given to the applicant’s total maturity date, whichever is earlier. farming operations. He will be required § 1826.104 Prohibited OL loan pur* (d> Reamortization. See § 1826.76(c). to furnish information on Form FHA poses. 441-22, “ Statement o f Production Losses §§ 1826.107-1826.110 [Reserved] FHA will not guarantee loans for: and Certification,” showing the produc­ (a) Automobiles. Purchase of passen­ § 1826.111 EM area designations and tion in each of his crop and livestock ger automobiles or the refinancing of authorizations. enterprises during the year of the dis­ debts incurred for such purchase. The County Supervisor will give writ­ aster and the 2 preceding crop years, and (b) Land purchase, lease payments, re­ ten notice to approved lenders in his an explanation about how and when the financing. Purchase of land or other real service area as to when the disaster oc­ natural disaster caused his production estate, or entering into or making pay­ curred, and when and for what period losses. If the production was not normal ments required under any lease-purchase o f tim e: for any of the 3 years, then the applicant agreement, or the making of payments on (a) Designated area. A county or area must also furnish such information for or refinancing of any indebtedness se­ has been designated for taking applica­ his most recent normal year. An appli­ cured by a lien on real estate other than tions for particular types of EM loans. cant meets this eligibility requirement the payment of taxes and water or drain­ (b) Isolated production losses—non- only if his production, losses which are age charges or assessments as authorized designated area. Applications may be not compensated for by insurance or in § 1826.103(f). However, this require­ taken in a county which has not been otherwise, are the equivalent of 10 per­ ment does not prohibit the refinancing of designated for EM loans, but in which cent or more of the dollar value of a debt secured by a lien on both real EM loans have been authorized by the normal production for his total farming estate and personal property items de­ State Director because severe production or ranching enterprises. Eligibility estab­ scribed in § 1826.103 (a) and

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21431

purchased or grazing rented must be 10 tate, chattels, and other assets should be (g) Unsound loan. An applicant who percent or more of his normal production considered in determining his ability to meets all of the above criteria should year gross income from his total opera­ obtain credit from private and coopera­ still be denied a guaranteed EM loan if, tion. tive sources. This must be documented in the judgment of the lender, he can­ (iii) Where an applicant was unable toin the lender’s case file. not be expected to recover from his plant a substantial portion of his normal (1) In ho case will an EM loan be made losses as a result of the disaster and re­ crops because of a “qualifying disaster,” to an applicant who ,is able to obtain turn to his normal sources of credit with­ his production for that portion of his un­ . the credit he needs elsewhere, without in a reasonable period. planted crops will be shown as zero on an FHA guarantee, on terms he can rea­ Form FHA 441-22 if a substitute or sonably be expected to pay. § 1826.113 Subsequent EM loans. different crop could not be planted. If a (2) For partnerships or corporations, A subsequent loan is one that is made substitute or different crop is planted, the the principal partners or principal stock­ to a borrower who is indebted for an EM acreage and production of that crop will holders, either individually or collectively loan balance. Subsequent EM loans may be shown. must be unable to finance the farming be made within the limitations, policies, (2) Damages or losses not compen­ or ranching operations either with their and authorities contained in this section sated for by insurance or otherwise to own resources or with credit obtained by without regard to the termination date farm or ranch dwellings and service them from other sources without an FHA for making initial loans. A subsequent buildings, land and water resources, guarantee. Any partner or stockholder EM loan may be guaranteed when: farm ing or ranching supplies or equip­ owning as much as 20 percent interest in (a) Other available financing. The ap­ ment, or livestock essential to normal a partnership or a corporation’s stock, plicant is unable to provide the necessary farm or ranch operations would qualify or a smaller percentage if owned in equal funds or to obtain credit from other an applicant for a loan sufficient only to amounts, will be considered as a principal sources under the conditions set forth repair, replace or restore such property. partner or stockholder. in paragraph (f) of § 1826.112, and his These damages or losses would not qual­ (3) EM loans will not be made to ap­ inability to do so has resulted from the ify the applicant for an EM loan to be plicants having large net worths or large disaster which caused the need for the used for crop production. equities in real estate, chattels, or other initial loan. (3) Where an applicant has had dis­ property, in relation to the amounts they (b) Ability to pay all EM loans. There aster damage to feed crops and elects to need to borrow, regardless of their ability is reasonable assurance that the subse­ sell his livestock rather than purchase to obtain credit from other sources. Such quent loan will be repaid and the bal­ feed to replace that which he would have applicants are considered to have options ances owed on previous EM loans will be produced except for the natural disaster, in the use of their resources that would repaid or substantially reduced within he cannot claim as loss the difference be­ enable them to operate without FHA a reasonable period. tween the sale price and an estimate of guarantee assistance. (c) Protection of existing EM loans. what the sale price would have been if the §1826.114 EM loan purposes. The subsequent loan is necessary to pro­ livestock had been fed for the' normal tect outstanding EM loans by arranging period. This is because the earlier sale Purposes for which EM loans may be for the orderly repayment or liquidation was based on a judgment decision and made to fish farmers and oyster planters thereof. In determining whether a subse­ differs from an applicant who could not are set forth in § 1826.116(c) and quent EM loan is necessary to protect plant crops because of the natural dis­ § 1826.116(d) (3), respectively. Subject to existing EM loans, consideration will be aster. The latter had no opportunity for a the prohibitions in § 1826.115 and the given to the following questions: judgment decision about planting. loan limitations and special provisions in (1) Will the lender lose control of (4) Production losses which have oc­ § 1826.116, other EM loans may be guar­ future farm or ranch income that ordi­ curred to crops or grazing before actual anteed if made to eligible farmers or narily would be available for payment on production for the year can be deter­ ranchers for such of the following pur­ the EM loan balance if the subsequent mined will be estimated and shown on poses as are essential to their farming or EM loan is not made? Form FHA 441-22 as follow s: ranching operations: - (2) Will the lender’s security position it) For grazing, the number of acres (a) Supplies, repairs, operating and be weakened if the subsequent EM loan is and the estimated percentage of loss will processing expenses. Purchase of feed, not made? be shown in the appropriate spaces. seed, fertilizer, insecticides, and farm (3) Will the lender take a financial (ii) Estimates of damage to other feed supplies; payment of equipment repair loss if the borrower is forced out of farm­ crops and cash crops will be shown in costs, other essential farm operating ex­ units o f production. ing or ranching because he could not get penses, and expenses for processing by credit without a guaranteed subsequent <5) The lender will make such efforts the applicant of agricultural products loan? as are reasonably necessary to check the produced by him. accuracy of such estimates. (b) Farm machinery. Purchase o f farm (3) To establish small feeder or stocker (d) Legal capacity. Possess legal ca­ machinery when necessary to replace livestock enterprises, or to provide for pacity tQ contract for the loan. that destroyed, damaged, or lost through small increases in the size of such en­ (e) Character, ability, industry. Be o f foreclosure or repossession by a prior terprises already established, provided good character and possess the ability, creditor as the result of the qualifying the applicant has the ability to care for industry, and experience necessary to disaster. Replacement items purchased livestock properly, it is determined that carry out the proposed farming or ranch­ with loan funds must be reasonably com­ the establishment or increase in the size parable in size and service, but not neces­ of the livestock enterprise is the most ing operations and to assure a reasonable feasible method of marketing the feed or prospect for success with the assistance sarily identical, to that being replaced. of the loan, and will honestly endeavor (c) Livestock. Purchase of livestock as crops produced on the farm, the appli­ to carry out the undertakings and obli­ follow s: cant will produce a majority of the feed required for the enterprise, and the gations required of him in connection (1) Breeding livestock to replace those with the loan. enterprise is necessary to develop sound lost, destroyed, or disposed of as a result farming operations. It is not the intent (f) Other available financing. Be un­ of the qualifying disaster. In such cases, of this authorization to assist applicants able with his own resources, or be unable the circumstances surrounding the loss or in making major conversions to livestock to obtain sufficient credit elsewhere with­ disposition of the livestock to be replaced operations. Justification for the new en­ out a guaranteed loan, to finance his ac­ will be documented carefully. terprise will be documented fully in the tual needs at rates and terms he could (2) Feeder or stocker livestock, pro­ loan docket. reasonably expect to fulfill, taking into vided it has been the applicant’s normal (d) Cash rent. Payment of customary consideration prevailing private and co­ practice to have a feeder or stocker enter­ operative rates and terms in the com­ prise, and the applicant produces more and equitable cash rent, subject to the munity in or near which he resides for than half of the feed or more than half follow ing: loans for similar purposes and periods o f of the livestock required for the enter­ (1) When the cash rent, including cash time. The applicant’s equity in real es- prise. charges as privilege rent, is for the use

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21432 PROPOSED RULES of farm buildings, pasture, hay land, the sale of livestock, livestock products, debts, depreciation. For purposes au­ cropland for the production of feed or crops to be marketed within a few thorized in paragraphs (f), (g), and (h) crops or grazing land, and all of the fol­ weeks following the approval of the loan, of § 1826.114 unless essential operating lowing conditions are met: or cannot be scheduled for payment from expenses are provided for with loan (1) The applicant is obligated under a the year’s income when it normally funds and then only where there is rea­ written lease, or other formal agree­ would be received. sonable payment prospects for the total ment, to pay such rent or charges in (2) Generally, the amount being ad­ amount of credit required for the crop advance of the time income will be avail­ vanced for the payment of old unsecured year, and adequate security for the EM able from the farming operations to bills should not exceed 5 percent of the loan. make such payment. For grazing fees in total loan. (b) Refinancing. To refinance debts, invoice showing the number of livestock (g) Interest on secured debts. Pay­ either secured or unsecured, except the to be grazed, the grazing period, the cost ment of not more than a year’s interest payment of bills as authorized in para­ per head, and the total cost may be used calculated at a rate not to exceed that graphs (f) and (1) o f § 1826.114, without in lieu of a written lease. However, when which is reasonable and customary for the specific written approval of FHA. relatively small amounts are involved, an the area, but not to exceed 8 percent Any such written approval will be subject invoice will not be required if the ap­ per annum, that is due or about to be­ to the conditions, limitations, and re­ plicant’s explanation of a satisfactory come due on debts secured by liens of quirements of 7 CFR 1832.19. grazing agreement is recorded in the loan other creditors on essential livestock, (c) Income and Social Security taxes. docket. farm equipment, and farm real estate. T o pay Federal or State income taxes, (ii) Arrangements cannot be made for (h) Depreciation. Payment of an or social security taxes payable by bor­ the rent or charges to fall due when amount equal to the depreciation in any rowers on their own family income. income will be available from the farm­ one year not exceeding 15 percent of the (d) Automobiles. To purchase passen­ ing operations to make such payment. market value of essential farm machin­ ger automobiles. (iii) Not more than one year’s cash ery and equipment under prior lien to (e) Become established or restablished rent or cash charges will be paid with another creditor or 15 percent of the in farm ing. To enable an applicant to be­ loan funds in any one lease year, except amount owed to such creditor, whichever come established or reestablished in that if a loan is approved near the end is less. farming or ranching. of the current lease year funds for pay­ (i) Replacement and repair of im­ (f) Expand operations. To enable an ment of such rent or charges for the suc­ provements. The replacement or repair "applicant to expand his farming or ceeding lease year may be included in the of essential buildings, silos, storage facil­ ranching operations substantially in ex­ loan. ities for feed or water, fences, drainage cess of the size of his operations during (iv) The terms of the rental agreement systems, irrigation facilities, wells, and the year just prior to the loan applica­ provide the applicant with reasonably stock ponds damaged or destroyed by tion. However, this does not prohibit ,ex­ satisfactory tenure. natural disasters. In addition, new wells pansion within the size of family farm­ (v) The feed crops to be produced and may be financed, not on a replacement ing operations where additional equip­ any rented pasture or grazing land will basis, where necessary to provide water ment will not be required and livestock be used by the applicant in feeding his for domestic use and for livestock where purchases will not exceed those author­ stocker, feeder, or productive livestock. the normal source has been damaged or ized by paragraph (c) o f § 1826.114. (2) When the cash rent is for the use destroyed by a natural disaster. - (g) Major adjustments in operations. of land to produce cash crops, and all (j) Land leveling, debris clearance. To enable an applicant to make major of the following conditions are met: The releveling of land and the clearing adjustments in his farming or ranching (i) The applicant operates not larger of debris made necessary as a direct re­ operations. This is not intended, how­ than a family farm. sult of the qualifying disaster. ever, to prohibit minor changes such as (ii) The applicant’s farming opera­ (k) Pastures, plants, trees, perennial the shifting or addition of minor crop or tions do not consist primarily of pro­ crops. The restoration of permanent pas­ livestock enterprises, including the es­ ducing vegetable, or other such special­ tures and the purchase of trees, root- tablishment of small acreages of per­ ized crops. stock, and plants for reestablishing com­ manent pastures, provided: (iii) The requirements under para­ mercial orchards or berry and other pe­ (1) The new crop is proven for the graphs (d) (1) (i), (ii), (iii), and (iv) of rennial crops, when necessary as a direct area, the applicant has the knowledge this section are met. result of the qualifying disaster. and ability to produce the crop, the pur­ (e) Taxes, assessments, insurance (l) Bills for emergency repairs. The chase of additional equipment will not premiums. Payment of not more than payment of bills incurred for emergency be required and the new enterprise will one year’s taxes and insurance premiums repairs and improvements to farm real not result in a substantial expansion of on real or personal property owned by estate, necessary as a direct result of the the total crop acreages or the total op­ the borrower, not more than one year’s qualifying disaster, provided: erating expenses. premium for hazard insurance, Social (1) It is determined that the expendi­ (2) The new livestock enterprise meets Security taxes in connection with hired tures were essential to preservation of the requirements of paragraph (c) (3) labor only, and water or drainage the propetry or continuation of the ap- o f § 1826.114. charges or assessments for not more than plicant’s.normal farming or livestock op­ (h) Commercial feed lot operations. To one year. erations, and had to be made before an finance commercial feed lot operations. (f) Unsecured bills. Payment of cur­ E M loan could be obtained. (i) Applicant must produce more than rent unsecured bills incurred for author^ (2) The loan for such purposes is ap­ Yz of livestock or feed. To finance live­ ized EM loan purposes in connection proved within a reasonable period fol­ stock or ranching enterprises where the with the production of livestock, live­ lowing designation of the area. A reason­ applicant does not produce more than stock products, and crops which have able period for this purpose generally half of the livestock or more than half not been disposed of, lost, or destroyed, will not exceed a few weeks. of the feed required for his enterprise. and old unsecured bills incurred for au­ (m ) Living expenses. Meeting essen­ ( j) Landlord furnish. To a landlord to thorized EM loan purposes in connection tial family living expenses. furnish his tenant operators, whether with the production of livestock, live­ (n) Home equipment and furnishings. share, cash, or standing rent is paid by stock products, or crops which have been Replacement or repair of essential home these tenants. However, with FHA’s writ­ disposed of, lost or destroyed. equipment and furnishings. ten approval, loans may, under justified (1) For this purpose, an unsecured bill (o) Loan closing expenses. Expenses circumstances, be made to operating is a bill for which the creditor did not re­ incident to loan closing. landlords or tenants to furnish their ceive a lien on any property at the time it § 182.6.115 Prohibited EM loan pur­ sharecroppers. was incurred and has not received such a (k) Unproven farming operations. To lien since that time. EM loans will not poses. be made for the payment of unsecured EM loans will .not be guaranteed: finance unproven types of farming op­ biljs or notes which can be paid from (a) Unsecured bills, interest on secured erations in the area.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21433

(l) Processing o r selling agricultural ing a different type of fruit or nuts oyster ground during the first year, one- products. T o finance an applicant’s suitable for the area, if the applicant has third during the second year, and one- enterprises involving the buying, proc­ had adequate experience to assure rea­ third during the third year. The opera­ essing for market, or selling of agri­ sonable prospects for success with that tions then will have been restored to a cultural products produced by others. type of frUit or nuts. normal pattern and subsequent replant­ However, EM loans may be made to fi­ (c) Fish farming. To be an “estab­ ings each year will be normal and will nance such an applicant’s farming op­ lished farmer” as that term is used in not be considered as being made for re­ erations if he agrees in writing to main­ § 1826.112(b), the applicant must be con­ habilitation purposes. It is recognized tain separate records on his farming ducting his own established farming op­ that there may be variations of the nor­ operations, and assigns to the lender the. erations consisting in whole or in part mal pattern of oyster planting opera­ inoome to be received from his farming. of the production of fish for income un­ tions in some areas. The making of loans (m) Estates, trusts, partnerships, cor­ der controlled conditions in lakes, ponds, will always be adapted to the proven nor­ porations. To the following types of streams, or reservoirs. mal pattern of the area. applicants: (1) Eligibility. In addition to the re­ (2) Eligibility. § 1826.112 is supple­ (1) An estate or a trust. quirements in § 1826.112, the applicant mented by the addition of the following: (2) A corporation owned primarily by must have a record of successful fish (i) The applicant must furnish satis­ an estate, trust, other corporations, or farming operations in the past, and have factory evidence from other reliable partnerships. satisfactory plans for marketing his fish sources, such as banks and other lenders, (3) A partnership composed primarily farming products. buyers, and lessors, of a good record of of an estate, trust, corporations, or other (2) Loan purposes. EM loan pin-poses oyster planting operations in the past. partnerships. to finance fish farming operations in­ (ii) The applicant must agree in writ­ (n) Bankrupts. To an applicant op­ clude only the following: ing to abide by any Federal and State erating under the jurisdiction of a bank­ (i) Purchase of fish for restocking laws, or regulations applicable to oyster ruptcy court. ponds, lakes, streams, or reservoirs under planting operations in his area. (o) National Flood Insurance. T o flood controlled conditions, and for essential (3) Loan purposes. EM loans to eligible and mudslide victims to repair or re­ operating expensés in continuing an ap­ oyster planters may be made for the fol­ place farm dwellings or service build­ plicant’s normal fish farming operations. lowing purposes: ings and the contents thereof, damaged (ii) Purposes authorized by para­ (i) Purchase of seed oysters and oyster or destroyed after 12-31-73, in areas graphs (e), (m ), and (o) of § 1826.114. planting supplies; the repair of oyster where “National Flood Insurance’’ was (d) Oyster Planters. Emergency (EM) planting machinery or equipment; pur­ available but not obtained. loans may be made to established oyster chase of replacement oyster planting planters to enable them to continue their machinery and equipment and other es­ § 1826.116 EM loan limitations and normal oyster planting operations, in­ sential operating expenses, including special provisions. cluding annual operating costs as well funds for oyster seed bed renovation. (a) Federal crop insurance. Recipients as expenses of rehabilitating oyster (ii) Family living expenses for appli­ of Emergency loans will be required to farming operations when necessary. cants who devote a major portion of their carry Federal Crop Insurance during the (1) Definitions, (i) “Oyster planting” time to their oyster planting operations period their Emergency loans made for means renovating oyster seed beds and when funds are not available from other crop production purposes are guaranteed, planting, caring for, cultivating, and har­ sources for this purpose. if such insurance is available. vesting planted oysters on the applicant’s (iii) Payment of not more than a (b) Orchard rehabilitation. Emergency owned or leased oyster ground. Other year’s interest calculated at a rate not (EM) loans may be guaranteed for types of oyster operations, such as con­ to exceed that which is reasonable and orchard rehabilitation subject to the re­ tract planting and gathering wild oys­ customary for the area, that is due or quirements o f § 1826.111 to § 1826.117, ters, are not “oyster planting” operations about to become due on debts secured by both inclusive, except as modified and for this purpose. liens of other creditors on equipment and supplemented herein. “Orchard rehabili­ (ii) “Oyster planter” means one who real estate essential to the applicant’s tation” means the renovation or reestab­ performs or actively manages oyster oyster planting operations. lishment o f orchards made necessary planting functions described in para­ (iv) Payment of not more than one because o f m ajor damage resulting from graph (d)(1) (i) of this section as his year’s customary and equitable cash rent the natural disaster for which the area own operation on owned or leased oyster or cash charges for the use of grounds was designated. ground. An operator who performs any leased for oyster planting operations, (1) Eligibility. Orchard rehabilitation or all of these functions other than his provided other arrangements cannot be loans will be made only to otherwise own oyster planting operations, or is made for the payment of rent and the eligible applicants who are owner- self-employed or employed by others in applicant holds a written lease. operators. any type of oyster operations or marine (v) Payment of not more than one (2) Loan purposes. Orchard rehabili­ life operations other than oyster plant­ year’s taxes on personal property and real tation loans w ill not be made for the ing operations as described in paragraph estate, payment of not more than one purposes authorized by paragraphs (b ) , (d) (1) (i) of this section, is not an oys­ year’s premiums for insurance on per­ (c), (d) , (1), and (n) of § 1826.114. Also, ter planter for this purpose. However, sonal property and real estate, and pay­ paragraph (f) of § 1826.114 is modified to these activities on a limited basis would ment of Social taxes in connection with provide for payment of only those unse­ not disqualify an applicant who conducts hired labor only. cured bills incurred during the crop year such oyster planting operations. (vi) Expenses incident to loan closing. for which the loan is made for annual (iii) “Oyster ground” means ground (4) Loan period. Section 1826.115 is recurring ■expenses in connection with under water on which oyster planting op­ supplemented to prohibit making an EM the production of livestock, livestock erations are conducted. loan to finance an applicant’s oyster products, and crops yet to be sold and (iv) “Rehabilitating oyster planting planting, rehabilitation, or other needs from which the advances can be repaid. operations” means restoring such opera­ for a period longer than one crop year at In addition, paragraph (m ) o f § 1826.114 tions to a normal pattern. Generally a a time. This is not intended, however, is modified to provide that advances will period of three years is required for to prohibit subsequent loans in succeed­ not be made for family living expenses ^planted oysters to reach the harvesting ing years on a crop year basis. This pro­ to an applicant for an orchard rehabili­ state. It is the normal pattern for op­ hibition deals only with loan making and tation loan unless his full time will be re­ erators to plant one-third of their oyster not with scheduling loans for repayment. quired for his orchard operations. ground each year in order to have a crop (5) Repayment period. EM loans for (3) Type of fruits or nuts: EM loans for sale each year. When all. of an ap­ authorized purposes in connection with may be made to enable eligible orchard- plicant’s planted oysters are destroyed the rehabilitation of oyster planting ists to rehabilitate their damaged or by a natural disaster, the rehabilitation operations, including annual operating destroyed orchards for producing the to a normal pattern generally consists of expenses during the rehabilitation pe­ same type of fruit or nuts, or for produc­ replanting one-third of the applicant’s riod, will be scheduled for repayment

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21434 PROPOSED RULES over the shortest period consistent with or combination or renewals can extend spect and make copies of any of the rec­ the applicant’s estimated repayment the repayment period beyond 20 years ords of the lender or holder pertaining to ability from all sources, but not longer from the date of the original loan prom­ FHA guaranteed loans. Such inspection than three years from the date of the issory note. and copying may be made during regular loan. When an EM loan is made to meet (d) Reamortization. If the borrower office hours of the lender or holder. the cost of renovating and replanting pays 25 percent or more of the loan bal­ § 1826.123 Review of decisions. oyster beds and the cost is higher than ance before it is due, from the sale of the cost of normal replantings because part of the real estate security with the (a) Decisions of State Directors. If a of a natural disaster, an amount repre­ approval of the lender or with funds State Director rejects any party’s request senting the abnormal portion of the cost derived from other non-security sources, for approval as a lender or holder or for may be considered as a capital purpose the lender may agree to a reamortiza­ approval to serve any area or termi­ and scheduled for repayment over a pe­ tion of the balance owed, provided the nates the previously approved status of riod of not more than 7 years. repayment period does not exceed the any lender or holder, such lender or remaining portion of the original loan holder may request the Administrator of § 1826.117 EM rates and terms. term and the remaining security is ade­ FHA to review the State Director’s deci­ (a) Interest rate to "borrower. See quate for the balance owed. sion. His address is: Administrator, § 1826.13. (e) Maximum amount of loan. FHA Farmers Home Administration, United (b) Loan term . The final maturity of cannot guarantee an EM loan if the prin­ States Department of Agriculture, Wash­ ington, D.C. 20250. the loan will not be later than 7 years cipal amount of the loan would exceed from the date of the note for loans for the amount certified by the County (1) The request for review must be other than real estate purposes and not Committee. in writing and must be accompanied by supporting information and documenta­ more than 20 years for loans for real §§ I82d.I18-1826.120 [Reserved] estate purposes. tion. A copy of the request and support­ (c) Renewal. A loan for operating type § 1826.121 Forms and forms distribu­ ing material must be sent by the request­ purposes is subject to the renewal pro­ tio n . ing party to the State Director at the visions of § 1826.106. A loan made for (a ) FHA form s. The following chartsame time such party forwards the orig­ real estate type purposes may be renewed lists the applicable FHA forms, number inal to the Administrator. if the holder determines that the renewal to be prepared, signatures required, and (2 ) Upon receipt o f the copy o f this will assist in the orderly collection of manner of distribution. These forms may material, the State Director will furnish be obtained from FHA. a full report on the matter to the the loan, provided that no such renewal Administrator. (3) The Administrator will act on the FHA Form Name of Form Total Signed By* Distribution* Number Number request as expeditiously as possible under all the circumstances, and will notify the requestor and the State Di­ i. 400-1 Equal Opportunity Agreement__ 3. 3=3 3 B-0 O-L, C-B, C-FHA 400-3 Notice to Contractors and Applicants.^ 4 L-0 O-Con, C-B, C-L, C-FHA rector in writing of his decision and the 400-6 Compliance Statement______¿33# 4 Lit Con 8-6 O-L, C-Con, C-B, C-FHA reason therefor. 424-12 Inspection Report______3 L-0 O-L, C-FHA, C-Con 441-22 Statement of Production Losses and 2 B-0 O -L, C -FH A (b) Decisions of County Supervisors. Certification If a County Supervisor rejects a request 449-6 Application for Guaranteed Loan 2 B-0 O -L, C -FH A from an approved lender for issuance of (Farmer Programs) 449-7 Assumption Agreement for Guaranteed 4 B-0 O-L, C-B, C-FHA, C-FC a Conditional Commitment for Guaran­ Loans (New Terms) tee or a Contract of Guarantee, or deter­ 449-8 Assumption Agreement for Guaranteed 4 B-0 O-L, C-B, C-FHA, C-FC Loans (Same Terms) mines that a previously issued Contract 449-9 Request for Conditional Commitment 2 ¡L-0 O-FH A, C -L of Guarantee is void or voidable or un­ to Guarantee Loan enforceable, in a particular case, such 449-11 Certificate of Acquisition or Construc­ 4 B (b) Other forms and information. An­ space for coding the race of the appli­ F r a n k B. E l l io t t , other form that may be obtained from cant for the loan or assumption. In that Acting Administrator, FHA (although it is not an FHA form) code “W” means “White,” “N/B” means Farmers Home Administration. “Negro(Black),” “S” means “Spanish is Form AD-425, “Contractor’s Affirma­ [FR Doc.78-16280 Filed 8-7-73;8:45 am] tive Action Plan for Equal Employment American,” “AI” means “American In­ Opportunity Under Executive Order dian,” and “O” means any other race. 11246 and Executive Order 11375.” Any The lender is responsible for completing DEPARTMENT OF needed forms not furnished by FHA will this code on all forms on which it ap­ TRANSPORTATION be provided by the lender, holder, or ap­ pears, in accordance with his best judg­ plicant. They may obtain information m ent as to the race involved. Federal Aviation Administration and copies of other FHA forms that may 1 14 CFR Part 71 ] be helpful in various aspects o f loan mak­ § 1828.122 Access to records of lenders and holders. [Airspace Docket No. 73-EA-60] ing, construction and development, and CONTROL ZONE AND TRANSITION AREA servicing. The lender and holder will permit rep­ Cc) Racial code. Some FHA forms, resentatives of FHA (or of other agencies Proposed Alteration such as Form FHA 449-45, Form FHA of the U43. Department of Agriculture The Federal Aviation Administration 449-7, and Form FHA 449-8 contain authorized by that Department) to in­ is considering amending §§ 71.171 and

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21435

71.181 of Part 71 of the Federal Aviation Mid-State Airport, Philipsburg, Pa., extend­ would not change the actual give-away Regulations so as to alter the Philips- ing clockwise from a 261* bearing to a 012* prohibitions set forth in paragraph (b) burg, Pa., control zone (38 FR 411, 3506) bearing from the airport; within an 8.5-mile radius of the center of the airport, extend­ of said § 545.5. Notice of such proposed and transition area (38 FR 555, 3506, ing clockwise from a 012” bearing to a 098® rulemaking was published in the F ed­ 8643). bearing from the airport; within a 6-mile eral R eg ister on July 3, 1973 (38 FR A review of the requirements of the radius of the center of the airport, extending 17738-9), and interested persons were Philipsburg terminal airspace establishes clockwise from a 098® bearing to a 183® bear­ invited to submit written data, views, a need to alter the control zone and ing from the airport; within a 9.5-mile radius and arguments to the Board by July 27, transition area to conform to the Ter­ of the center of the airport, extending clock­ 1973. minal Instrument Procedures (TERPS) wise from a 183? bearing to a 261* bearing from the airport; within 3.5 miles each side From the comments received thus far, criteria. of the Philipsburg VORTAC 067® radial, ex­ it appears that there is some confusion Interested parties may submit such tending from the VORTAC to 11.5 miles as to the substantive effects of this pro­ written data or views as they may desire. northeast of the VORTAC; within 4 miles posal in the event that it is adopted by Communications should be submitted in each side of the 327® bearing from a point the Board. If the proposal is adopted, triplicate to the Director, Eastern Re­ 40®53'09" N„ 78°05'06" W., extending from the most important effect of proposed gion, Attn: Chief, Air Traffic Division, said point to a point 8.5 miles northwest; paragraph (a) (2) of § 545.5 will be that Department of Transportation, Federal within 2.5 miles each side of the Philipsburg a Federal association will be prohibited Aviation Administration, Federal Build­ VORTAC 330® radial, extending from the VORTAC to 6 miles northwest of the VOR­ by § 545.5(b) from conditioning the dis­ ing, John F. Kennedy International Air­ TAC; and within 3.5 miles each side of the tribution of give-aways on a recipient’s port, Jamaica, New York 11430. All com ­ Philipsburg VORTAC 301® radial, extend­ possessing, opening, or adding to a sav­ munications received on or before Sep­ ing from the VORTAC to 11.5 miles north­ ings account, or maintaining a minimum tember 7, 1973 will be considered before west of the VORTAC. balance therein only if it is located in a action is taken on the proposed amend­ This amendment is proposed under State which by regulation applies an ment. No hearing is contemplated at this equivalent prohibition to its domestic time, but arrangements may be made for section 307(a) of the Federal Aviation A ct o f 1958 (72 Stat. 749; 49 U.S.C. 1348) thrift institutions and commercial banks. informal conferences with Federal Avia­ Federal associations located in States tion Administration officials by contact­ and section 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)’). having less restrictive give-away prohi­ ing the Chief, Airspace and Procedures bitions would not be subject to §545.5 Branch, Eastern Region. Issued in Jamaica, N.Y., on July 19, (b). For example, the New York regula­ Any data or views presented during 1973. tion (General Regulations of the New such conferences must also be submitted R o bert H . S tanto n , York Banking Board, Part 9) which pro­ in writing in accordance with this notice Acting Director, Eastern Region. hibits give-aways by domestic thrift in­ in order to become part of the record for [PR Doc.73-16319 Filed 8-7-73;8:45 am] stitutions and commercial banks contains consideration. The proposal contained in an exception permitting such institutions this notice may be changed in the light to distribute give-aways in connection of comments received. ENVIRONMENTAL PROTECTION with the opening of branch offices. As The official docket will be available for AGENCY New York’s prohibition is less restric­ examination by interested parties at thè [40 CFR Part 180] tive than the prohibition set forth in Office of Regional Counsel, Federal Avia­ paragraph (b) of § 545.5, Federal as­ tion Administration, Federal Building, CERTAIN INERT INGREDIENTS IN sociations located in New York will not John F. Kennedy International Airport, PESTICIDE FORMULATIONS be subject to a give-away prohibition Jamaica, New York, Proposed Exemptions from Requirement of even if the proposal is adopted by the The Federal Aviation Administration, Tolerance Board. having completed a review o f the air­ Correction At present, only Federal associations space requirements for the terminal area located in California are subject to the of Philipsburg, Pennsylvania,' proposes In FR Doc. 73-15050 appering at page give-away prohibition of § 545.5(b) be­ the airspace action hereinafter set forth: 19840 in the issue o f Tuesday, July 24, cause only California has adopted the 1. Amend § 71.171 o f Part 71 o f the 1973, in the second column on page 19841, particular type of statutory and regula­ Federal Aviation Regulations by deleting the fourth entry from the bottom of the tory give-away prohibitions which are the description of the Philipsburg, Pa. table should read as follows: necessary under existing § 545.5(a) to control zone and by substituting the fol­ “trigger” § 545.5(b) . If the proposal is lowing in lieu thereof : 2 ,4 ,7 ,9-Tetra- Not more than Surfactants, re­ adopted, the California situation will not Within a 5-mile radius of the center 40° methyl-6- 2.5% of pesti- lated adju- be changed. Also, proposed § 545.5(a) (2) decyne-4,7- cide formula- vants of sur- 53'00" N., 78°05'15" W„ of Mid-State Air­ diol. don. factants. would cause the give-away prohibition of port, Philipsburg, Pa., extending clockw ise § 545.5(b) to be “triggered” as to Federal from a 248° bearing to a 031® bearing from associations located in any State which the airport; within a 6-mile radius of the cen­ FEDERAL HOME LOAN BANK BOARD ter of the airport, extending clockwise from a adopts an equivalent regulatory prohibi­ 031® bearing to a 098® bearing from the air­ [No. 73-1084] tion for domestic thrift institutions and port; within a 5-mile radius of the center of commercial banks. The Board is unaware the airport, extending clockwise from a 098® [ 12 CFR Part 545 ] that any State has done èo as yet. bearing to a 187® bearing from the airport; FEDERAL SAVINGS AND LOAN SYSTEM Because of the confusion concerning within a 6-mile radius of the center of the the effect of the proposed amendment to airport, extending clockw ise from a 187° bear­ Give-Aways; Extension of Comment Period ing to a 248° bearing from the airport; and paragraph (a) of § 545.5, the Board within 4 miles each side of a 327® bearing A ugust 2,1973. hereby provides an additional comment from a point 40°53'09" N., 78’ 05'06" W., ex­ By Resolution No. 73-863, dated period on this proposal, until Aligust 24, tending from said poin t to a. point 8.5 miles June 27, 1973, the Federal Home Loan 1973. northwest. Bank Board proposed to amend para­ (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. 2. Amend § 71.181 o f Part 71 of the graph (a) of § 545.5 o f the Rules and 1464. Reorg. Plan No. 3 o f 1947, 12 F.R. 4981, Federal Aviation Regulations by deleting Regulations for the Federal Savings and 3 CFR, 1943-48 Comp., p. 1071) the description o f. the Philipsburg, Pa. Loan System (12 CFR 545.5(a)) by add­ By the Federal Home Loan Bank transition area and by substituting the Board. following in lieu thereof : ing a new alternative provision under which that section could become ap­ [ sea l] H e n r y A . C arrin gton , That airspace extending upward from 700 feet above the surface within a 6-mile radius plicable to Federal savings and loan as­ Secretary. of the center 40®53'00" N., 78®05'15" W* of sociations. The proposed amendment [FR Doc.73-16398 Filed 8-7-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21436 PROPOSED RULES FEDERAL RESERVE SYSTEM vestment tax credit, net economic gain at any time before the close of business from tax deferral from accelerated de­ October 3,1973. [ 1 2 CFR Part 2 2 5 ] preciation, and other tax benefits with a By order of the Board of Governors, BANK HOLDING COMPANIES substantially similar effect), and (c) July 26,1973. the estimated residual value of the prop­ Nonbanking Activities erty at the expiration of the initial term [ s e a l ] C h e s t e r B. F eld ber g , The Board of Governors has considered of the lease, which in no case shall exceed Secretary of the Board. the comments received on its proposal 10 percent of the acquisition cost of the [FR Doc.73-16305 Filed 8-7-V3; 8:45 am] <37 FR 26534) to permit bank holding property to the lessor, that will compen­ companies, under the authority of sec­ sate the lessor for not less than the INTERSTATE COMMERCE tion 4(c) (8) of the Bank Holding Com­ lessor’s full investment in the property COMMISSION pany Act, to engage in real and personal plus the estimated total cost of financing property leasing under substantially the the property over the term of the lease; * [4 9 CFR Part 1107 ] same conditions and has made certain (v) The maximum lease term during [Ex Parte No. 298] modifications of such proposal, which are which the lessor must recover the lessor’s full investment in the property plus the RAILROAD RATE ADJUSTMENT ACT OF set forth hereinafter. Due to the number 1973 and complexity of the issues involved estimated cost of financing the property in the proposal, the Board believes it in shall be 40 years; Requirements and Procedures; Correction the public interest to gather more infor­ (vi) At the expiration of the lease (including any renewals or extensions A ugu st 1, 1973. mation about the proposal at a hearing. On July 30, 1973, the Commission Accordingly, the Board has directed that with the same lessee), all interest in the property shall be either liquidated or entered its order herein prescribing cer­ a hearing be held before available mem­ tain requirements and procedures to be­ bers o f the Board in Room 1202 o f its re-leased on a nonoperating basis as soon building at 00th Street and Constitution as practicable but in no event later than come effective on August 1, 1973. On two years from the expiration of the sheet 4 of that order, the heading of Avenue, NW., Washington, D.C., on Sep­ § 1107.1(b) (2) should read as follows: tember 12, 1973, at 10 a.m. lease,*** however, in no case shall The proposed amendment, as modified, the lessor retain any interest in the prop­ fo r th e third and fou rth quarters o f 1873 and reads as follows: erty beyond 50 years after its acquisition each quarter of 1974- of the property. § 225.4 Nonbanking Activities. A copy o f this notice will be filed with • * * * , * the Director, Office of the Federal Regis­ (а) Activities closely related to bank­ In connection with the hearing, the ter, for publication therein. ing or managing or controlling banks. Board notes that BankAmerica Corpora­ • * * The following activities have been [ seal] R obert L . O sw ald, tion, San Francisco, California, has re­ Secretary. determined by the Board to be so closely quested an opportunity for a hearing related to banking or managing or con­ with regard to the effect the proposal [FR Doc.73-16383 Filed 8-7-73;8:45 am] trolling banks as to be a proper incident would have upon the Board’s existing thereto: personal property leasing regulation [ 49 CFR Part 1201 ] * * * * * (§ 225.4(a) (6) of Regulation Y ). Other (б) Leasing real and personal property interested persons are invited to partici­ [No. 32153 (Sub-No. 5) ] or acting as agent, broker or adviser in pate by presenting their views on issues UNIFORM SYSTEMS OF ACCOUNTS leasing such property provided: raised by the pending proposal. Inter­ ested persons need not participate in the Accumulated Depreciation bn Improve­ (i) The lease, is to serve as the func­ ments to Leased Property tional equivalent of an extension of hearing through oral presentation in credit to the lessee of the property; order to have their views considered. All At a session of the Interstate Com­ views previously expressed in writing on (ii) The property to be leased is ac­ merce Commission, Division. 2, held at its quired specifically for the leasing trans­ the pending proposal are under consider­ office in Washington, D.C., on the 25th action under consideration or was ac­ ation by the Board and are available for day o f July 1973. quired specifically for an earlier leasing inspection and copying in Room 1020 of This proceeding is being instituted on the Board’s building. our own motion to consider a revision to transaction; Persons interested in participating in (iii) The lease is on a nonoperating the Uniform System of Accounts for Rail­ the hearing by presenting material orally road Companies. The proposed revision basis; should inform the Secretary of the Board relates to accounting for depreciation ac­ (iv) At the inception of the initial lease in writing not later than August 24,1973. cumulated on Improvements made by the effect of the transaction (and, with the lessee to leased property where such respect to governmental entities only, Each person admitted as a party to the proceeding will be given up to 30 minutes improvements are properly includible in reasonably anticipated future transac­ asset account 732, “ Improvements on tions1) will yield a return from (a) to present his views. Leased Property.” rentals,

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 PROPOSED RULES 21437

Leased Property”, as a valuation account I . L is t o f G eneral B alance S h eet ment between the accounting carrier and for accoun t. 732 Account 785 would then A cco un ts [A mended] the lessor is not made currently. Amounts include only the lessee’s unsettled liabil­ 1. Add line item 733 as follow s: recorded herein shall include unsettled ity to the lessor and be renamed “Ac­ rent, based on depreciation or other fac­ crued Liability; Leased property”. 733 Accrued depreciation; improvements tors, and liability for property retired. It is intended that the proposed revi­ on leased property. (b) This account shall be divided to sions to the accounting rules would be­ 2. Line item “ 785 Accrued deprecia­ show the liability to (1) affiliated com­ come effective immediately upon adop­ tion; leased property” is changed to: panies (See Definition 4), and (2) others. 3. Account 799 “ Form o f General Bal­ tion by the Commission and would be re­ 785 Accrued liability; leased property. flected in the annual reports for the year ance Sheet Statement” is amended as ending December 31,1973. n . I nstructions fo r D epreciation follow s: Upon consideration of the above de­ A cco un ts Add 733 as follow s: scribed matters and good cause appear­ Ï. Paragraph (a) of instruction 5-4 is 733 Accrued' depreciation—Improvements ing therefor; amended to read: on leased property. It is ordered, That a proceeding be, 5-4 Leased property—depreciation. and it is hereby, instituted under'the au­ Change line item “785. Accrued depre­ (a) The carrier shall include in operat­ ciation—Leased property” to read: thority of section 20 of the Interstate ing expenses charges for depreciation on Commerce Act and pursuaift to section road property and equipment used but 786 Accrued liability—Leased property. 553 of the Administrative Procedure Act not owned, the rent for which is includ­ [FR Doc.73-16382 Filed 8-7-73;8:45 am] with a view to adopting the proposed ible in rent for leased roads and equip­ regulations set forth in this Notice, and ment, and shall maintain'the same rec­ DEPARTMENT OF HEALTH, for the purpose o f taking such other and ords of service lives, salvage values, etc., further action as the facts and circum ­ as provided for owned road property and EDUCATION, AND WELFARE stances may justify and require. equipment. The excess of the total com­ Social Security Administration It is further ordered, That all railroads pensation paid over the amount charge­ [ 20 CFR Part 405 ] subject to the Interstate Commerce A ct able for depreciation shall be included in be, and they are hereby, made respond­ the rent account. If settlement between [Reg. No. 5] ents in this proceeding. the carrier and the lessor is not currently FEDERAL HEALTH INSURANCE FOR THE It is further ordered, That no oral made, the amount of the depreciation AGED hearing be scheduled for the receiving of accrued during the period of the lease Skilled Nursing Facilities testimony in this proceeding unless a shall be credited by the carrier to ac­ need therefor should later appear, but count 785, “ Accrued liability; leased Change in preamble statement and in that respondents or any other interested property.” The necessary adjustments of text of proposed regulation, FR Doc. 73- parties may participate in this proceeding the difference between the balance thus 14106 filed 7-11-73; 8:45 am., published by submitting for consideration written accrued in that account and the actual in the F ederal R eg ister o f July 12, 1973 statements of fact, views, and arguments amount of settlement shall be made ap­ (38 FR 18620). on the subjects mentioned above, or any propriately through account 519, “Miscel­ 1. With reference to applicable rules other subjects pertaining to this proceed­ laneous income,” or 551, Miscellaneous during the period prior to the date the ing. income charges,” at the time settlement proposed regulations are published in It is further ordered, That any inter­ for depreciation on the property is made final in the F ederal R eg iste r , the follow­ ested person wishing to submit state­ with the lessor. ing sentence is added to the penultimate ments of facts, views or arguments shall ♦ * * * * paragraph of the preamble statement to file 6 copies of such representations with read as follows: the Secretary, Interstate Commerce m . G eneral B alance S h eet A ccounts “Section 405.1134, paragraph (a) of Commission, W ashington, D.C. 20423, by 1. Add new account 733 as follow s: this document, including the first sen­ September'17, 1973. 733 Accrued Depreciation; Improve­ tence thereof which is required by P.L. It is further ordered, That written ma­ ments on Leased Property. 92-603, will be effective August 1, 1973.” terial or suggestions submitted shall be 2. Section 405.1134, paragraph (a ). made available for public inspection at (a) This account shall be credited The second sentence is revised to read the offices of the Interstate Commerce with amounts concurrently charged to as follows: Commission, 12th and Constitution Ave­ operating expenses or other authorized “Where waiver permits the participa­ nue, NW., Washington, D.C., during reg­ accounts for depreciation’accrued on im­ tion of an existing facility of two or more ular business hours. provements to leased property, the cost stories which is not of at least 2-hour And it is further ordered, That statu­ of which is included in account 732, “Im­ fire resistive construction, blind, nonam­ tory notice of the institution of this pro­ provements on leased property.” bulatory, or physically handicapped ceeding be given to all respondents and (b) The service value of each unit of patients are not housed above the street to the general public by mailing a copy property retired (and also of each minor level floor unless the facility is of 1-hour of this order to the Governor o f every item, less than a unit, retired and not re­ protected noncombustible construction State and to the Public Utilities Com­ placed) for which this depreciation re­ (as defined in National Fire Protection missions or Boards of each State having serve has been established shall be Association Standard No. 220), fully jurisdiction over transportation, by post­ charged to this account. (c) Instructions for depreciation ac­ sprinklered 1-hour protected ordinary ing a copy of this order in the Office of construction, or fully sprinklered 1-hour the Secretary, Interstate Commerce counts, rates of depreciation, and records Commission, Washington, D.C., for pub­ to be maintained as contained in instruc­ protected woodframe construction.” lic inspection, and by delivering a copy tion 5 for owned property shall also ap­ (Catalog of Federal Domestic Assistance Pro­ thereof to the Director, Division of the ply to improvements on leased property. gram No. 13.800, Health Insurance for the Federal Register, for publication in the 2. The present title and text of ac­ Aged—Hospital Insurance.) count 785, “ Accrued Depreciation; Federal R egister as notice to all inter­ Dated: July 30,1973. ested persons. Leased Property,” is cancelled and the following title and text substituted A rth u r E. H e ss, This decision is not a m ajor Federal therefor: Acting Commissioner action significantly affecting the quality of Social Security. of the human environment within the 785 Accrued Liability; Leased Property. meaning of the National Environmental (a) This account shall be credited Approved: August 6, 1973. Policy Act of 1969. with amounts concurrently charged to F ran k C arlu cci, By the Commission, Division 2. operating expenses or other accounts to Acting Secretary of Health, Education and Welfare. [seal] R obert L . O sw a ld , cover the estimated accrued liability on Secretary. leased road and equipment when settle­ [FR Doc.73-16522 Filed 8-7-73; 10:40 am]

FEDERAL REGISTER, V O L 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152------6 21438 Notices

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

DEPARTMENT OF THE TREASURY Midkill, Eural, Route 3, Ferrum, Virginia, Commissioner of the Public Debt convicted on January 4, 1949, in United Treasurer of the United States Bureau of Alcohol, Tobacco and Firearms States District Court, Roanoke, Virginia. N ational D irector, U.S. Savings Bonds Shipley, LeRoy, 2330 Wallace Avenue, Terre D ivision NOTICE OF GRANTING OF RELIEF Haute, Indiana, corfVicted on December 1, Director, U.S. Secret Service. Notice is hereby given that pursuant 1953, in Parke County Circuit Court, Parke County, Indiana. 2. This authority shall be exercised in to 18 U.S.C., section 925(c) the following accordance *with the applicable limita­ named persons have been granted relief Vanderver, James O., 792 Blaine, Pontiac, Michigan,, convicted on June 4, 1956, and tions and requirements of the Act, par­ from disabilities imposed by Federal laws February 6, 1961, by the Oakland County ticularly sections 304 and 307; the Fed­ with respect to the acquisition, transfer, Circuit Court, Pontiac, Michigan, and on eral Procurement Regulations, 41 CFR receipt, shipment, or possession of fire­ May 19, 1961, by the W ashtenaw County Ch. 1 ; the applicable portions of the Fed­ arms incurred by reason of their convic­ Circuit Court, Arm Arbor, Michigan. eral Property Management Regulations, tions of crimes punishable by imprison­ Wells, Arthur H., Jr., 2307 Celeste Drive, 41 CFR Ch. 101; as well as regulations ment for a term exceeding one year. Memphis, Tennessee, convicted on Au­ gust 29, 1957, in 12th Circuit District Court issued by the Department o f the Treas­ It has been established to my satisfac­ of the State of Mississippi, on January 4, ury which implement and supplement tion that the circumstances regarding 1961, in 4th Judicial District Court in the the Federal Procurement Regulations the convictions and each applicant’s State o f Iowa, and on March 19, 1965, in and the Federal Property Management record and reputation are such that the United States District Court of Miami, Regulations, including but not limited applicant will not be likely to act in a Florida. to 41 CFR Ch. 10 and Administrative manner dangerous to public safety, and Circular No. 153 Revised. that the granting of the relief will not Signed at Washington, D.C. this 31st day o f July, 1973. 3. To the extent permitted by the Act, be contrary to the public interest. the authority herein delegated to the Allen, Curtis L„ 505 Pillans Street, 'Mobile, [ seal] R ex D . D a v is, above-named officials may be redelegated Alabama, convicted on O ctober 12, 1959, D irector, Bureau o f Alcohol, by them by letter or bureau delegation in United States District Court, Mobile, Tobacco and Firearms. order to any subordinate officer or em­ Alabama. [FR Doc.73-16397 Filed 8-7-73;8:45 am] ployee who, by virtue of experience, spe­ Boyd, Kenneth Lee, 3705 E. 68th Avenue, Anchorage, Alaska, convicted on March 26, cialized training and knowledge of applicable laws and regulation, is quali­ 1971, in the United States District Court Office of the Secretary for Western District of Washington, Seat­ fied to act as contracting officer for the tle, Washington. [Treasury Dept. Order No. 208; Rev. 2] United States; provided however, that Campbell, Jerone N., 14249 Ardmore Avenue, only the above-named officials shall be Detroit, Michigan, convicted on Decem­ DIRECTOR, OFFICE OF ADMINISTRATIVE deemed to be the “ chief officers respon­ ber 18, 1969, in Recorder’s Court of the PROGRAMS ET AL. sible for. procurement” as defined in Sec­ City of Detroit, Michigan. Delegation of Procurement Authority tion 307(b) of the Act; officials author­ Fehrs, William Virgil, 910 East 60th, Tacoma, Washington, convicted on October 30, 1964, 1. Pursuant to the authority vested in ized to serve as contracting officers shall in Superior Court for State of Washington the Secretary of the Treasury by Title be so designated by the issuance of in Pierce County, Tacoma, Washington. m of the Federal Property and Adminis­ Treasury Form 4014, Certificate of Ap­ Fleming, James R., 432 Howland Avenue, trative Services A ct o f 1949 (63 Stat. pointment as Contracting Officer for the Pontiac, Michigan, convicted on June 17, 377, 393), as amended (41 U.S.C. Chap. United States of America. 1947, ih Oakland County Circuit Court, 4) and by the Reorganization Plan No. 4. Treasury Department Order No. 208 Oakland County, Michigan. 26 o f 1950, and pursuant to the authority (Revision 1), dated July 17, 1972 is Gregory, James Richard, 3133 Roberts Ave­ hereby rescinded. nue, Culver City, California, convicted on vested in me as Assistant Secretary for O ctober 29, 1959 and December 11, 1959 in Administration by Treasury Department Dated: August 2, 1973. Superior Court of State of California in Order No. 190, Revision 9, 38 FR 17517, and for the County of Los Angeles. authority is hereby delegated to the fol­ W arren F . B recht, Assistant Secretary Hillard, Cleophus, 1360 Vetter Street, Mobile, lowing officials of the Department of the Alabama, convicted on O ctober 15, 1956, for Administration. Treasury to use the provisions of Title in Court of Hustings, Virginia (Ports­ [FR Doc.73-16395 Filed 8-7-73;8:45 am] m outh) . m of the Federal Property and Admin­ K night, Henry C., Sr., 16621— 37th Avenue istrative Services A ct o f 1949, as South, Seattle, Washington, convicted on DEPARTMENT OF THE INTERIOR November 9, 1934, in Superior Court o f amended, when procuring property and the State of Washington for the County services, except as precluded by section Bureau of Land Management o f King. 307 of the A ct: COLORADO STATE MULTIPLE USE Litwin, Theodore J., 32644 OakView Drive, ADVISORY BOARD Warren, Michigan, convicted on Novem­ Director, Office of Administrative Programs ber 7, 1933, in Circuit Court for County of Office of the Secretary of the Treasury Notice of Meeting Macomb, Mt. Clemens, Michigan. Commissioner of Accounts Long, James Buren, P.O. Box 297, Rogersville, Director, Bureau of Alcohol, Tobacco and Notice is hereby given that th e Colo­ Alabama, convicted on March 31, 1958, in Firearms rado State Multiple Use Advisory Board Federal Court, Northern District of Ala­ Comptroller of the Currency will hold its annual meeting August 22- bama, and on February 26,1965, in Lauder­ Director, Consolidated Federal Law Enforce­ 23-24, 1973, at the Sleepy Cat Inn, on dale County Circuit Court, Florence, ment Training Center State Highway 13, Southeast of Meeker, Alabama. Commissioner of Customs Colorado. The agenda for the meeting Magill, James R., 752 Oak Boulevard, Ephrata, Director, Bureau of Engraving and Printing Pennsylvania, convicted on November 16, Commissioner of Internal Revenue will include a tour of the Piceance area, 1970, in Luzerne County Court. Director of the Mint discussion of management problems, pro-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21439 posed reprecincting of grazing districts tractors and one hand-held coal drill. drainage which would cause washouts and planning for the work of the Board. Petitioner states that the mine is located and hazardous conditions in wet weather. The meeting will be open to the public. above the water table and has no history The road is too narrow to build berms, Time will be available for a limited num­ of being classified as gassy or of methane therefore, solid rock would have to be ber of brief statements by members o f the being detected. blasted, resulting in a highwall which public.. Those wishing to make an oral Petitioner contends that the alterna­ would be a new hazard. statem ent should inform the Advisory tive method will provide no less than the Persons interested in this petition may Board Chairman prior to the meeting of same measure of protection afforded the request a hearing on the petition or fur­ the Board. Any interested person may file miners in the affected area by applica­ nish comments by September 7, 1973. a w ritten statement with the Board for tion of the mandatory standard. Peti­ Such requests or comments must be filed its consideration. The acting Advisory tioner contends that the use of non-per- with the Office of Hearings and Appeals, Board Chairman is Dale R. Andrus. W rit­ missible equipment would only be dan­ Hearings Division, U.S. Department of ten statements may be submitted at the gerous in mines below the water table the Interior, 4015 Wilson Boulevard, meeting or mailed to Mr. Andrus, % and those having a history of being Arlington, Virginia 22203. Copies of the State Director, Bureau of Land Man­ classified as gassy or containing evidence Petition are available for inspection at agement, Room 700, Colorado State Bank of methane. that address. Building, 1600 Broadway, Denver, Colo­ Persons interested in this petition may J am es M . D a y , rado 80202. Further inform ation con­ request a hearing on the petition or fur­ Director, Office of cerning this meeting may be obtained nish comments by September 7, 1973. Hearings and Appeals. from G . C. Hinton, Public Affairs Officer, Such requests or comments must be filed J u l y 24,1973. with the Office of Hearings and Appeals, Bureau of Land Management State Of­ [FR Doc.73-16295 Filed 8-7-73:8:45 am] fice, Denver, Colorado at (303) 837-4481. Hearings Division, U.S. Department of Minutes o f the meeting will be available the Interior, 4015 Wilson Boulevard, for public inspection 30 days after the Arlington, Virginia 22203. Copies of the DEPARTMENT OF COMMERCE meeting at the office of the State Direc­ petition are available for inspection at Domestic and International Business tor, Bureau of Land Management, Colo­ that address. Administration rado State Bank Building, Denver, Colo­ G ilb er t O. L o c k w o o d , WAGNER COLLEGE, ET AL. rado. Acting Director, Office of C harles W. L u sch er, Hearings and Appeals. Applications for Duty-Free Entry of Acting State Director. Scientific Articles J u l y 27, 1973. [PR Doc.73-16310 Piled 8-7-73;8:45 am] The following are notices of the re­ [PR Doc.73-16302 Piled 8-7-73;8:45 am] ceipt of applications for duty-free entry Office of Hearings and Appeals of scientific articles pursuant to section [Docket No. M 74-1] 6(c) of the Educational, Scientific, and [Docket No. M 73-67] Cultural Materials Importation Act of SHEMCO, INC. STEVENSON COAL CO. 1966 (Public Law 89-651; 80 Stat. 897). Petition for Modification of Mandatory Interested persons may present their Petition for Modification of Mandatory Safety Standard views with respect to the question of Safety Standard Notice Is hereby given that in accord­ whether an instrument or apparatus of Notice is hereby given that in accord­ ance with the provisions of section 301 equivalent scientific value for the pur­ ance with the provisions of section 301(c) (c) of the Federal Coal Mine Health and poses for which the article is intended of the Federal Coal Mine Health and Safety A ct o f 1969, 30 U.S.C. section to be used is being manufactured in the Safety Act o f 1969, 30 U.S.C. section 861 861(c) (1970), Shemco, Incorporated United States^ Such comments must be (c) (1970), the Stevenson Coal Company has filed a petition to modify the appli­ filed in triplicate with the Director, Spe­ has filed a petition to modify the applica­ cation o f 30 CFR 77.1605 (k) to its Mine cial Import Programs Division, Office of tion of 30 CFR 75.501 to its Mine No. 1 No. 1, at Oliver Springs, Tennessee. Import Programs, Washington, D.C. located at Jackson County, Alabama. 30 CFR 77.1605(k) reads as follows: 20230, by August 28,1973. 30 CFR 75.501 reads as follow s: Amended regulations issued under (k) Berms or guards shall be provided on cited Act, as published in the Febru­ § 75.501 Permissible electric face equip­ the outer bank of elevated roadways. ment; coal seams above water table. On and ary 24, 1972 issue of the F ederal R eg is­ after March 30, 1974, all electric face equip­ In support of its petition, petitioner ter, prescribe the requirements appli­ ment, other than equipment referred to in states that the addition of berms or cable to comments. paragraph (b ) o f § 75.500, w hich is taken Into guardrails would make it impossible to A copy of each application is on file, and used inby the last open crosscut of any maintain proper drainage and would and may be examined during ordinary coal mine w hich is operated entirely in coal seams located above the water table and hamper snow removal. The road would Commerce Department business hours at which has n ot been classified under any pro­ ice over during winter months and the the Special Import Programs Division, vision o f law as a gassy m ine prior to March grader now used for maintenance could Department of Commerce, Washington, 30,1970, and in which one or more openings no longer be used. Petitioner also states D.C. were made prior to December 30, 1969, shall that additional man-hours and equip­ be permissible. DOCKET NUMBER: 74-00030-33- ment would be needed for road mainte­ 46070. APPLICANT: Wagner College, Petitioner requests modification of the nance which would result in an increased Staten Island, New York 10301. ARTI­ mandatory safety standard as it applies accident potential during snow and ice CLE: Scanning Electron Microscope, to a mine opened prior to December 30, conditions. The installation of guardrails Model HHS-2R. MANUFACTURER: Hi­ 1969, which was closed and recently re­ would not be effective because they would tachi Perkin-Elmer, Japan. INTENDED opened by petitioner. Petitioner con­ have to be built on fill material. USE OF ARTICLE: The article will be tends that had the equipment been at As an alternative method petitioner used to perform linescan topographic the mine before December 30,1969, even wishes to continue maintaining its roads analysis on thirteen families of the Order though the mine was closed, the equip­ by its currently existing methods. Peti­ Eubacteriales, class Schizomycetes at ment could be used after the mine was tioner states that by using its current specific time intervals which will give reopened. methods of maintenance, its roads, are information and data relative to shape, As an alternative method petitioner as safe as possible. size, surface undulations, projections, requests that it be allowed to use non- Petitioner contends that the applica­ pitting and contours. It is planned to permissible electric face equipment in­ tion of the mandatory standard will re­ catalog valuable information relative to cluding one shortwall mining machine sult in a diminution of safety to miners a rapid means for identification of bac­ and one conventional loader and other in the affected area. Petitioner contends teria, evidence unavailable at the pres­ non-permissible equipment including that berms and guardrails would create ent time. The article will also be used in three battery-powered, rubber-tired a drainage hazard by creating improper the course Bacteriology 188, Scanning

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21440 NOTICES

Electron Microscopy and for training of treatment of chronic pain and induction active ingredients and combinations medical laboratory scientists and re­ of anesthesia in man, The article will also thereof. search scientists in the techniques theory be used to demonstrate the use of electro­ 2. Designation. Panel on Review of and uses of scanning electron micros­ acupuncture to medical students, nurses, Miscellaneous Internal Drug Products. copy. APPLICATION RECEIVED BY residents, physicians, etc. APPLICATION Purpose. The panel will (1) review and COMMISSIONER OF CUSTOMS: July RECEIVED BY COMMISSIONER OF evaluate available data concerning the 15, 1973. CUSTOMS: July 16, 1973. safety and effectiveness of active ingre­ DOCKET NUMBER: 74-00034-33- dients, and combinations thereof, of cur­ DOCKET NUMBER: 74-00031-33- rently marketed miscellaneous internal 46040. APPLICANT: Texas Southern 90000. APPPLICANT: The . Cleveland University, 3201 W heeler Street, Hous­ Clinic Foundation, 9500 Euclid Avenue, nonprescription-drug products for ton, Texas 77004. ARTICLE: Electron Cleveland, Ohio 44106. ARTICLE: EMI human use and the adequacy of their Microscope, Model Elmiskop IA. MANU­ brain scanning instrument and acces­ labeling; (2) advise the Commissioner of FACTURER: Siemens AG, West Ger­ sories. MANUFACTURER: EMI Limited, Food and Drugs on the promulgation of many. INTENDED USE OF ARTICLE: United Kingdom. INTENDED USE OF monographs establishing conditions un­ The article will be used to examine the ARTICLE: The article is a revolutionary der which these over-the-counter drug fine structure of cells of the endocrine new development for medical diagnosis products are generally recognized as safe organs, spleens, lymphnodes and bone of diseases and abnormalities of the and effective-and not misbranded; and marrow of certain vertebrate species; brain. The research application of the (3) serve as a forum for the exchange study of the mechanism of infection in article will consist of determining which of views regarding the prescription and insect tissues such as cells of the gut, fat abnormalities of the brain are best visu­ nonprescription status o f these various bodies, caecum, salivary glands and epi­ alized by the use of the article and to active ingredients and combinations dermis; study viral replication, biosyn­ compare accuracy of this form of diag­ thereof. thesis and transf ormation in mammalian nosis against other diagnostic methods. 3. Designation. Panel on Review of Vi­ cell cultures; and to study the ultra­ Considerable attention will be given to tamin, Mineral, and Hematinic Drug structure of normal and abnormal cells research to enhance visualization of vari­ Products. in general. In addition, the article will ous processes in the brain following in­ Purpose. The panel will (1) review and be used for high resolution studies of fusion of various chemical substances evaluate available data concerning the several different types of insect viruses. into the patient’s vascular system. It safety and effectiveness of active ingre­ The article will be used in the course is also planned to investigate the pos­ dients, and combinations thereof, of cur­ Electron Microscopic Anatomy which in­ sibilities of diagnosis of disease of other rently marketed nonprescription-drug volves teaching students the theories of organs in in vitro studies within the products for human use containing vi­ fixation, dehydration and embedding tis­ unit, such as liver, kidney, lung and tamin, mineral, and hematinic agents sues for microscopy as well as actual ex­ heart to assist in determining the feasi­ and the adequacy of their labeling; (2) perience in the use of the electron micro­ bility of using this method of scanning advise the Commissioner of Food and scope. APPLICATION RECEIVED BY for detection of diseases in organs other Drugs on the promulgation of mono­ COMMISSIONER OF CUSTOMS, July than the brain. APPLICATION RE­ graphs establishing conditions under 13,1973. CEIVED BY COMMISSIONER OF CUS­ which these over-the-counter drug prod­ ucts are generally recognized as safe and DOCKET NUMBER: 74-00032-33- TOMS: July 18, 1973. effective and not misbranded; and (3) 46040. APPLICANT: University of Flor­ A . H. S tu art, serve as a forum for the exchange of ida, College of Medicine, M-268 Medical Director, Special Import views regarding the prescription and Science Building, Box 218, J.H.M. Health Programs Division. nonprescription status o f these various Center, Gainesville, Florida 32610. ARTI­ [PR Doc.73-16376 Filed 8-7-73]8:45 am] active ingredients and combinations CLE: Electron Microscope, Model Elmi­ thereof. skop 101. MANUFACTURER: Siemens 4. Designation. Panel on Review of AG, West Germany. INTENDED USE OF DEPARTMENT OF HEALTH, Antiperspirant Drug Products. ARTICLE: The article is intended to be EDUCATION, AND WELFARE Purpose. The panel will (1) review and used in the study of biological materials Food and Drug Administration evaluate available data concerning the principally tissue specimens from a va­ safety and effectiveness of active ingredi­ riety of mammalian organs. The experi­ ADVISORY COMMITTEES ents, and combinations thereof, of cur­ ments conducted involve, for the most Notice of Establishment rently marketed nonprescription-drug part, alteration of the physiological state products for human use for antiperspir­ of the testicular vascular bed, blockage Pursuant to the Federal Advisory ant application and the adequacy of their of the efferent duct systems and the in­ Committee Act o f October 6, 1972 (Pub­ labeling; (2) advise the Commissioner of troduction of tracer materials to deter­ lic Law 92-463, 86 Stat. 770-776), the Food and Drugs on the promulgation of mine the integrity of the epithelial com­ Food and Drug Administration an­ monographs establishing conditions ponents after treatment with specific nounces the establishment by the Sec­ under which these over-the-counter drug drugs. The article will also be used for retary, DHEW, on July 16, 1973, o f five products are generally recognized as safe teaching purposes in the courses MED public advisory committees as follows: and effective and not misbranded; and 605, Research Methods in Anatomy; 1. Designation. Panel on Review of (3) serve as a forum for the exchange of MED 678, Advanced Microscopic Anat­ Miscellaneous Exterfial Drug Products. views regarding the prescription and om y; and MED 632, Techniques in Elec­ Purpose. The panel will (1) review and nonprescription status of these various tron Microscopy. APPLICATION RE­ evaluate available data concerning the active ingredients and combinations, CEIVED BY COMMISSIONER OF CUS­ safety and effectiveness of active ingre­ thereof. TOMS: July 13,1973. dients, and combinations thereof, of cur­ 5. Designation. Panel on Review of rently marketed miscellaneous external Oral Cavity Drug Products. DOCKET NUMBER: 74-00033-33- nonprescription-drug products for 02100. APPLICANT: Medical College of Purpose. The panel will (1) review and human use and the adequacy of their evaluate available data concerning the Virginia, Department of Anesthesiology, labeling; (2) advise the Commissioner of 1200 E. Broad Street, Richmond, Va. safety and effectiveness o f active ingredi­ Food and Drugs on the promulgation of ents, and combinations thereof, of cur­ 23298. ARTICLE: Acupuncture anes­ monographs establishing conditions un­ thesia apparatus with galvonometer. rently marketed nonprescription-drug MANUFACTURER: Nihon Riko Medical der which these over-the-counter drug products for human use containing oral Engineering Co., Ltd., Japan. IN­ products are generally recognized as safe cavity agents and the adequacy of their TENDED USE OF ARTICLE: The article and effective and not misbranded; and labeling; (2) advise the Commissioner of will be used to evaluate the use of electro- (3) serve as a forum for exchange of Food and Drugs on the promulgation of acupuncture (stimulation of acupuncture views regarding the prescription and monographs establishing conditions un­ points by electricity) for the possible nonprescription status of these various der which these over-the-counter drug

FEDERAL REGISTER, V O L 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21441 products are generally recognized as safe The Commissioner finds that there is Indications and effective and not misbranded; and sufficient medical justification for per­ Based on a review of this drug by the (3) serve as a forum for the exchange of mitting the orally administered forms of National Academy of Sciences-National Re­ views regarding the prescription and the poorly absorbed sulfonamide drugs to search Council and/or other information, nonprescription status of these various remain available provided that addi­ FDA has classified the indication (or indi­ active ingredients and combinations tional clinical studies are conducted to cations) as follows: determine their effectiveness, and by Possibly effective as adjunctive therapy: thereof. a. in the treatment of ulcerative colitis Authority for these committees will order published elsewhere in this issue b. for dlvertlcuUtls expire July 16, 1975, unless the Secretary o f the F ederal R eg ister, he is rescinding c. In the preoperative preparation and formally determines that continuance is those parts of the order of December 5, postoperative management of patients under­ in the public interest. 1972 pertaining to such form s of the going bowel surgery. drugs. Final classification of this less-than-effec- Dated: July 27,1973. Accordingly, a new section is hereby tive indication (s) requires further investi­ gation. S am D . F in e , added to paragraph 3 of the aforesaid Associate Commissioner notice o f December 14, 1972, as amended Contraindications fo r Compliance. on July 11, 1973, to read as follow s: (Name of drug) is contraindicated in XIV patients with intestinal and urinary ob­ [PR Doc.73-16381 Filed 8-7 -73 ; 8:45 am ] struction and in those with a hypersensitiv­ Poorly Absorbed Sulfonamides For Oral ity to sulfonamides. It should not be used in Use infants under age 2 years or in nursing MANUFACTURERS AND DISTRIBUTORS Sulfasuxidine Tablets (succinylsulfathia- mothers because sulfonamides pass the Prescription Drugs for Human Use Affected z o le ). placenta and are excreted in the milk. Cremothalidine Suspension (phthalylsul- Patients with porphyria should not receive by Drug Efficacy Study Implementation; sulfonamides, as these drugs have been re­ Amendment fathiazole). Sulfathalidine Tablets (phthalylsulfathi- ported to precipitate an acute attaok. A notice was published in the F ederal a z o le ). Warning: Use In Pregnancy Register o f December 14, 1972 (37 FR Thalamyd Tablets (phthalylsulfacetamide). 26623) informing manufacturers and The safe use of sulfonamides in pregnancy A F ederal R eg ister announcement has not been established. The benefit to risk distributors o f prescription drugs for ratio must be carefully evaluated when human use o f the future schedule for im­ published September 9, 1970 (35 FR 14666) (DESI 5803) stated that these - (name of drug) is given during pregnancy plementation o f the drug efficacy study. especially at term since kernicterus may be That notice listed certain drugs, together drugs were regarded as lacking substan­ produced in the newborn. with the justification of their medical tial evidence of effectiveness for ileitis The teratogenicity potential of most sul­ need, which may remain on the market and possibly effective for their other fonamides has not been thoroughly investi­ pending completion of scientific studies labeled gastrointestinal indications. One gated in either animals or humans. However, to determine' effectiveness, and provid­ of those indications is ulcerative colitis. a significant increase in the incidence of Salicylazosulfapyridine is the drug which cleft palate and other bony abnormalities of ing for future additions to or deletions offspring has been observed when certain sul­ from that list. Certain additions were both the National Academy of Sciences- National Research Council, Drug Effi­ fonamides of the short-, Intermediate- and made to that list in the F ederal R egister long-acting types were given to pregnant rats at July 11, 1973 (38 FR 18477), as cor­ cacy Study Group and the Food and and mice at high oral doses (7 to 25 times rected on July 25, 1973 (38 FR 19920). Drug Administration classified as effec­ the human therapeutic dose). tive as adjunctive therapy in the man­ In the F ederal R eg ister o f Septem­ agement of ulcerative colitis (June 23, Other Warnings ber 18,1970 (35 FR 14666), the Food and 1970; 35 FR 10239). However, there is be­ Only after critical appraisal should (name Drug Administration published its con­ of drug) be used in patients with hepatic or clusions, pursuant to evaluation of re­ lieved to be a definable population hav­ renal damage, or blood dyscrasias. ports received from the National Acad­ ing an intollerance to salicylazosulfa­ Deaths associated with the administration emy of Sciences-National Research pyridine, and it has recently been found of jsulfonamides have been reported from Council, Drug Efficacy Study Group con­ that that drug is absorbed to a greater hypersensitivity reaction, agranulocytosis, aplastic anemia, and other blood dyscrasias. cerning certain poorly absorbed sulfon­ degree than previously believed. It is amides (phthalylsulfathiazole, succinyl- The presence of clinical signs such as sore sulfathiazole, and phthalylsulfaceta- therefore appropriate that alternative throat, fever, pallor, purpura, or jaundice therapy be available. Accordingly, the may be early indications of serious blood mide), stating that the drugs were disorders. regarded as possibly effective or lacking above orally administered drugs may re­ Complete blood counts should be done fre­ substantial evidence of effectiveness for main on the market labeled as less than quently in patients receiving sulfonamides. their various indications for gastrointes­ effective (possibly effective) drugs pro­ Urinalysis with careful microscopic exami­ tinal use. No data were submitted in sup­ vided the sponsors conduct clinical nations should.be obtained frequently in pa­ port of the effectiveness of the drugs and studies to determine, their effectiveness. tients receiving sulfonamides. on December 5, 1972 (37 FR 25864) the The indications for which the drugs may Precautions Commissioner published an order with­ be labeled are (depending upon which Sulfonamides should be given with cau­ drawing approval of the new drug indication(s) is to be studied) : tion to patients with severe allergy or bron­ applications. chial asthma. a. In the treatment of ulcerative colitis Adequate fluid intake must be maintained Subsequent to publication of the De- b. For diverticulitis in order to prevent crystalluria and stone cember 5 order, the Food and Drug Ad­ c. In the preoperative preparation and form ation. ministration received numerous com­ postoperative management of patients In the presence of extensive ulceration of the colon, absorption of (name of drug) is munications from physicians, including undergoing bowel surgery increased. eminent gastroenterologists, objecting to Labeling guidelines are as follows: In glucose-6-phosphate dehyrogenase defi­ removal of the drugs from the market, GUIDELINE LABELING FOB POORLY cient individuals, hemolytic anemia may ABSORBED SULFONAMIDES occur. This reaction is frequently dose- asserting that there is a definable popu­ related. lation who have an intolerance to sali- Description If toxicity or hypersensitivity reactions cylazosulfapyridine, the d ru g that is (To be supplied by sponsor.) occur, the drug should be discontinued im­ m ediately. classified as effective as adjunctive ther­ Actions Adverse Reactions apy in the management of ulcerative (To be supplied by sponsor.) Blood dyscrasias. Agranulocytosis, aplastic ®°Utis. Therefore, an alternative therapy Indications (or Indication) anemia, thrombocytopenia, leukopenia, he­ ^ needed. Salicylazosulfapyridine has molytic anemia, purpura, hypoprothrombine- (Depending on that which sponsor wishes recently mia, and methemoglobinemia. been found to be absorbed to a to claim and upon which they will do clinical Allergic reactions. Erythema multiforme ereater degree than previously believed. tria ls ). (Stevens-Johnson Syndrome), generalized

FEDERAL REGISTER, VOL. 38, NO. 152— ‘WEDNESDAY, AUGUST 8, 1973 21442 NOTICES skin eruptions, epidermal necrolysis, urti­ Sulfasuxidine Powder (NDA 4-687) and caria, serum sickness, pruritus, exfoliative NDA Drag N D A Holder Phthalylsulfacetamide Sodium Powder dermatitis, anaphylactoid reactions, periorpi- No. tal edema, conjunctival and scleral injection, (NDA 6-593). photosensitization, arthralgia, chills, drug 4-687 That portion of the Merck, Sharp & Dated: August 2, 1973. fever, allergic myocarditis, polyarteritis no­ N D A pertaining Dohme, Division of to Sulfasuxidine Merck & Co., Inn, S am D . F in e , dosa and L. E. phenomena. Tablets and Powder West Point, Pa. Gastronintestinal reactions. Nausea, containing succinyl­ 19486. Associate Commissioner emesis, abdominal pains, hepatitis, diarrhea, sulfathiazole. fo r Compliance. anorexia, pancreatitis, and stomatitis. 6-803 Cremothalidine sus­ Merck, Sharp & pension and Sul­ Dohme. [FR Doc.73-16338 Piled 8-7-73;8:45 am] CJi.S. reactions. Headache, peripheral neu­ fathalidine Tablets ritis, mental depression, convulsions, ataxia, containing phthalyl­ hallucinations, tinnitus, vertigo, Insomnia sulfathiazole. and drowsiness. 6-593 Thalamyd Tablets Schering Corp., 60 [Docket No. FDC-D-630; NADA Nos. 11-036V (phthalylsul- Orange St., Bloom­ and 11-385V] Renal reactions. Crystalluria, hematuria, (acetamide) and field, NJ 07003. proteinuria, toxic nephrosis with oliguria and Phthalylsulface­ MERCK SHARP & DOHME RESEARCH anuria. tamide Sodium LABS. The sulfonamides bear certain chemical Powder. similarities to some goitrogens, diuretics Nithiazide; Withdrawal of Approval of New (acetazolamide and the thiazides), and oral The basis for that action was the lack Animal Drug Applications hypoglycemic agents. Goiter production, di­ of any submission providing substantial uresis, and hypoglycemia have occurred rarely In the F ederal R egister o f June 5,1973 in patients receiving sulfonamides. Cross­ evidence to support indications for (38 FR 14782), the Commissioner of Pood sensitivity may exist with these agents. gastrointestinal use for which the drugs and Drugs published a notice proposing Bats appear to be especially susceptible had been initially classified as possibly to withdraw approval of new animal to the goitrogenic effects of sulfonamides, effective (35 FR 14666, September 19, drug application (NADA) No. 11-036V and long-term administration has produced 1970). Subsequent to the order of fo r 16.7 percent Hepzide (Nithiazide) thyroid malignancies in the species. December 5, 1972 the Food and Drug Soluble Powder and NADA No. 11-385V Overdosage Administration received numerous com­ fo r Hepzide (Nithiazide) 30 percent munications from physicians, including (To be supplied by sponsor.) Medicated Premix; marketed by Merck eminent gastroenterologists, objecting to Sharp and Dohme Research. Labora­ Dosage and Administration removal of the drugs from the market, tories, Division of Merck and Co., Inc., (To be supplied by sponsor.) asserting that there is a definable popu­ Rahway, NJ 07065. lation who have an intolerance to sali- Neither Merck and Co., Inc. nor any Every manufacturer or distributor of cylazosulfapyridine, the drug that is one of the products listed above, or of other interested persons have filed a effective as adjunctive therapy in the written appearance in response to the an identical, related, or similar product management of ulcerative colitis. There­ who intends to conduct studies to deter­ above cited notice. This is construed as fore, an alternative therapy is needed. an election by said persons not to avail mine effectiveness is required to com­ Salicylazosulfapyridine has recently municate with the Division of Anti- themselves of the opportunity for a been found to be absorbed to a hearing. Infective Drug Products (BD-140), Of­ greater degree than previously believed. fice of Scientific Evaluation, Bureau of Accordingly, based on the grounds set The Commissioner finds that there is forth in said notice of opportunity for a Drugs on or before October 9, 1973, to sufficient medical justification for per­ discuss and agree to undertake the stud­ hearing, the Commissioner concludes mitting continued availability of oral­ that approval of said new animal drug ies necessary to justify continued mar­ ly adm inistered phthalylsulfacetamide, keting of the product. applications should be withdrawn. phthalylsulfathiazole, and suocinylsul- Therefore, pursuant to provisions of This notice is issued pursuant to pro­ f athiazole pending completion of clinical the Federal Food, Drug, and Cosmetic visions of the Federal Food, Drug, and studies to demonstrate their effective­ Act (sec. 512, 82 Stat. 343-351; 21 U.S.C. Cosmetic A ct (secs. 505, 701, 52 Stat. ness. The F ederal R eg ister o f Decem­ 360b) and under authority delegated to 1052-1053, as amended; 21 U.S.C. 355, ber 14, 1972 (37 FR 26623) listed various the Commissioner (21 CFR 2.120), ap­ 371), and the Administrative Procedure drugs and the conditions under which proval of NADA No. 11-036V and NADA Act (5 U.S.C. 553, 554), and under au­ they may remain on the market on the No. 11-385V, including all amendments thority delegated to the Commissioner basis of medical need, pending comple­ and supplements thereto, is hereby with­ (21 CFR 2.120). tion of clinical studies. The aforesaid drawn effective August 20,1973. Dated; Atigust 2,1973. drugs for oral administration are, by order published elsewhere in this issue Dated: August 1,1973. S am D . F in e , o f the F ederal R eg ister, being added to Associate Commissioner S am D. F in e , that list. Associate Commissioner fo r Compliance. Therefore, pursuant to provisions of fo r Compliance. [PR Doc.73-16337 Piled 8-7-73;8:45 am] the Federal Food, Drug, and Cosmetic Act (sec. 505(f), 52 Stat. 1053, as [FR Doc.73-16342 Filed 8-7-73;8:45 am] amended; 21 U.S.C. 355(f)) and under [DESI5803; Docket No. FDC-D-379; NDA 4-687 etc.] authority delegated to him (21 CFR X-RAY BAGGAGE INSPECTION SYSTEMS 2.120), the Commissioner of Food and POORLY ABSORBED SULFONAMIDES FOR Drugs rescinds the order of December 5, Notice to State Radiation Control Agencies ORAL AND RECTAL USE 1972 insofar as it pertains to Sulfasuxi- of Radiation Safety Recommendations Rescission of Portions of Order Withdraw­ dine (succinylsulfathiazole) Tablets The Bureau of Radiological Health, ing Approval of New Drug Applications (NDA 4-687), Cremothalidine Suspen­ Food and Drug Administration* Depart­ sion and Sulfathalidine Tablets con­ ment of Health, Education, and Welfare, In an order published in the F ederal taining phthalylsulfathiazole (NDA under the authority conferred by the R egister of December 5, 1972 (37 FR 5-803), and Thalamyd (phthalylsul­ Phblic Health Service A ct (42 U.S.C. 241 25864) approval of the following new facetamide) Tablets (NDA 6-593). The and 243), advises and promotes coopera­ drug applications was withdrawn: order is not rescinded with respect to tion among states on matters relating to

FEDERAL REGISTER. VOL. 38, N O . 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21443

the protection of the public health ported that they had been contacted by prevent, during routine operations, direct against radiation hazards. The Radiation airlines, manufacturers, and industrial beam exposure of any part of the body, Control for Health and Safety Act of agents regarding the need for registra­ including extremities. tion of x-ray baggage systems and radia­ 1968 (42 U.S.C. 263b et seq.), an amend­ RECOMMENDATION 2. ment to the Public Health Service Act, tion safety requirements. Eight states further provides for the establishment of indicated that they had issued special In the absence of conclusive data re­ an electronic product radiation control requirements for such systems. Several garding the effects of low level irradia­ program designed to protect the public indicated that their industrial radiog­ tion, the underlying philosophy of radia­ health and safety. raphy requirements would be applied tion protection is to maintain radiation The Pood and Drug Administration on to the x-ray baggage inspection systems. exposure of personnel as low as practica­ April 27, 1973, issued, to State radia­ The states indicated that guidance from ble. The guideline of 0.5 mR in any one tion control agencies, recommendations the Bureau of Radiological Health would hour at 5 centimeters from the external (guidelines) on radiation safety aspects be useful in conducting evaluations arid surface of the device has been developed in the design and use o f x-ray systems granting approval for use of these x-ray, for other electronic products used in for routine inspection of hand carried devices. areas accessible to the public. Due to the (carry-on) luggage in airline terminals. Because of rapid developments in the nature of operation, it is anticipated that These recommendations are concep­ design of x-ray systems for the inspec­ the actual exposure to any individual tual in nature and minor variations pro­ tion of baggage at airline terminals, pro­ will be considerably less than that gen­ viding equivalent radiation protection liferation in applications, and requests erally considered acceptable by national may be appropriate to meet the needs of for guidance from State radiation con­ and international standards-setting or­ individual radiation control programs. trol programs, it is the opinion of the ganizations. The recommendations were developed Food and Drug Administration that radi­ It is intended that test measurements following consultation with the Federal ation safety considerations - for this be made under conditions which maxi­ Aviation Administration (Department of equipment should be outlined in a man­ mize radiation levels at accessible areas. Transportation), the National Bureau ner useful for establishing uniform and In those situations where ports are pro­ of Standards (Department of Com­ effective controls. vided to transport objects into or out of merce), the Occupational Safety and The Commisisoner concludes that the the system, the external surface should Health Administration (Department of recommendations issued to the State be considered as the imaginary plane Labor), the Executive Committee o f the radiation control agencies on April 27, across the opening. Conference o f Radiation Control Pro­ 1973, as set forth below, should help to gram Directors, and manufacturers. The provide radiation protection for opera­ RECOMMENDATION 3. Federal Aviation Administration (PAA), tors, passengers, and others involved in . Since this equipment is used in public in addition to specifying certain image the use of x-ray baggage inspection sys­ areas and could be hazardous'when oper­ quality features for x-ray luggage in­ tems. Therefore, the Commissioner urges ated without supervision, it is essential spection systems and certain require­ that these guidelines be used as a basis that provisions be provided to secure the ments on their use, has stated in a direc­ for a uniform policy by states granting system to prevent unauthorized use. It tive to its Regional Directors, that “the approval for such equipment. is intended that the key lock feature will airline should obtain or require that the R ecommendations to S tate R ad iatio n provide this security. manufacturer obtain the permission or C o n tro l A gencies Likewise, it is important that the sys­ license from the State in which the de­ tem is capable of benig turned off at any vice will be used.“ These recommendations are applicable time. It is thus recommended that the There are presently no Federal stand­ to x-ray systems used in airline terminals key be captured in the “on” position to ards or regulations specifically directed for routine inspection of carry-on prevent someone inadvertently carrying to the overall radiation safety aspects of baggage. off, or otherwise losing, the key when the these systems. Federal and State agen­ 1. It shall not be possible to insert any system is energized. cies have become increasingly concerned part of the body into the primary beam. with the need for effective and uniform 2. Radiation exposure shall not exceed RECOMMENDATION 4. controls on x-ray baggage inspection sys­ 0.5 mR in any one hour at a distance of Doors and access panels are frequently tems which will assure adequate radia­ five centimeters from any point on the provided as a means of preventing access tion protection for operators as well as external surface of the system when op­ to areas where excessive radiation levels the general public. The manufacture o f erated under “worst case” conditions. may be present. Recommendations for several of these x-ray systems will be 3. The control panel shall be equipped interlocking is provided to insure that subject to a radiation safety performance with a key lock. It shall not be possible x-radiation production is automatically standard which is under development to remove the key in the “on” position. terminated when access to the source of and will be published in the F ederal 4. Doors and access panels which pre­ radiation is possible. This prevents risk Register as a notice of proposed rule vent entry to an area where the exposure may exceed 0.5 mR in one hour shall be of unnecessary radiation exposure when making. protective features are removed or During development of the guidelines, interlocked. opened. representatives o f the Bureau o f Radio­ 5. Means shall be provided to indicate logical Health visited six manufacturers to the operator when x-rays are being RECOMMENDATION 5. of x-ray baggage systems to obtain back­ produced. An “X-RAY ON” indicator is recom­ ground information on these systems 6. A deadman switch shall be provided mended to clearly indicate the status of Wanned for commercial distribution. on the exposure controls. The location of x-ray production and potential for ex­ Guidelines proposed for the State radia- the switch will be such that the operator posure. non control agencies were discussed with has a clear view of the x-ray system. RECOMMENDATION 6. die manufacturers during these visits. R ation ale and E xp lan a tio n o f The manufacturers agreed that the pro­ R ecommendations The deadman switch feature is rec­ posed guidelines are practical, do not ommended to insure operator control of unnecessarily restrict functional objec­ RECOMMENDATION 1. the system at all times when x-rays are tives of the equipment, and would be The most significant hazard associated being produced. It is also recommended oesirable to provide uniform evaluation with these systems is human exposure that the device be located in a position wid control among the states. to the primary beam of radiation. Gen­ such that the operator can maintain sur­ Concurrently, a survey of all State erally, operators are not well trained in veillance of the system and have the ration control agencies was conducted the,hazards of radiation and may not means available to immediately termi­ oy the Food and Drug Administration to apply diligent caution to prevent ex­ nate x-radiation production in emer­ «sess the extent of involvement of the posure of personnel. To minimize ex­ gency situations. tates in evaluation of these devices. posure, this recommendation is intended Those interested persons who wish to uver one-half of the State programs re- to necessitate engineered safeguards to submit comments or suggestion in con-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21444 NOTICES nection with the recommendations listed Dated at Bethesda this 31st day of Nondestructive Assay of SNM Residue in above should send them to Hearing Clerk, July 1973, Process Equipment Nondestructive Assay of Fissile Content of Food and Drug Administration, Boom 6- For the Atomic Energy Commission. Low Enriched Uranium Fuel Rods 86, 5600 Fishers Lane, Rockville, MD 20852, on or before September 7, 1973. R oger S . B o y d , (5 U.S.C. 552(a)) The comments will be considered during Assistant Deputy Director for Dated at Bethesda, Maryland this 30th further development of the recommenda­ Reactor Projects Directorate day o f July 1973. tions for use by states in evaluation of of Licensing. x-ray baggage inspection systems. [FR Doc.73-16388 Filed 8-7-73;8:45 am] For the U.S. Atomic Energy Commis­ sion. Dated: August 1, 1973. L ester R ogers, S am D. F in e , REGULATORY GUIDES Director of Regulatory Standards. Associate Commissioner Notice of Issuance and Availability [FR Doc.73—16332 Filed 8-7-73;8:45 am] for Compliance. The Atomic Energy Commission has [FR Doc.73—16340 Filed 8-7 -73 ;8 :4 5 am ] Issued a guide in its Regulatory Guide [Docket No. 50-244-OL] series. The Regulatory Guide series has ROCHESTER GAS & ELECTRIC CORP. ATOMIC ENERGY COMMISSION been developed to describe and to make Hearing On Conversion of Provisional [Docket No. STN 50-447] available to the public methods accept­ able to the AEC Regulatory staff for im­ Operating License GENERAL ELECTRIC CO. plementing specific parts of the Com­ Pursuant to the Atomic Energy Act of Receipt of Standard Safety Analysis Report mission’s regulations and, in some cases, 1954, as amended (the A ct), the National to delineate techniques used by the staff Environmental Policy Act of 1969 General Electric Company, in response in evaluating specific problems or post­ (NEPA), and the regulations in Title 10, to a policy statement of the Atomic ulated accidents and to provide guidance Code of Federal Regulations, Part 50, Energy Commission (the Commission) to applicants concerning certain infor­ “ Licensing o f Production and Utiliza­ entitled “Methods for Achieving Stand­ mation needed by the staff in its review tion Facilities” , and Part 2, “ Rules of ardization of Nuclear Power Plants,” is­ of applications for permits and licenses. Practice”, notice is hereby given that, sued March 5, 1973, has filed with the The new guide is in Division 5, “Ma­ subject to conditions set forth in Memo­ Commission a seven-volume document terials and Plant Protection.” Regulatory randa and Orders of June 8, 1973 and entitled “General Electric Standard Guide 5.10, “Selection and Use of August 2, 1973, a hearing will be held Safety Analysis Report” (GESSAR), Pressure-Sensitive Seals on Containers concerning the R. E. Ginna Nuclear which was docketed July 30, 1973. for Onsite Storage of Special Nuclear Power Plant Unit No. 1 (the facility) of GESSAR describes and analyzes a stand­ Materials,” provides criteria for selecting, the Applicant, the Rochester Gas & Elec­ ard BWR-6 boiling water nuclear reactor affixing, and testing pressure-sensitive tric Corporation. The hearing to con­ with a Mark in containment system, de­ seals used for tamper-safing in connec­ sider the issuance of a full-term operat­ signed for initial operation at approxi­ tion with onsite storage of SNM. ing license for the facility will be held at mately 3579 megawatts (thermal), with Regulatory Guides are available for a time and place to be set in the future a net electrical output of approximately inspection at the Commission’s Public by the Atom ic Safety and Licensing 1220 megawatts. GESSAR was tendered Document Room, 1717 H Street, Wash­ Board (Board) named herein, to begin in on May 2, 1973. Following a preliminary ington, D.C. Comments and suggestions the vicinity of the facility located on review for completeness, it was accepted in connection with improvements in the Lake Ontario, Wayne County, New York. on July 20, 1973 fo r docketing. guides are encouraged and should be Construction o f the facility was author­ When its review of GESSAR is com­ sent to the Secretary of the Commission, ized by Construction Permit No. CPPR- plete, the Commission’s Regulatory staff U.S. Atomic Energy Commission, Wash­ 19, issued by the Atomic Energy Com­ will prepare and publish a Safety Eval­ ington, D.C: 20545, Attention: Chief, mission on April 25, 1966. The facility uation Report documenting the results of Public Proceedings Staff. Requests for is presently being operated in accordance the review. This report will be made single copies of the issued guides (which with Provisional Operating License No. available to the public. In addition, may be reproduced) or for placement on DPR-18 issued by the Commission on GESSAR will be referred to the Advisory an automatic distribution list for single September 19, 1969. The instant facility Committee on Reactor Safeguards copies of future guides should be made is subject to the provisions of Section A (ACRS) for its review. Copies of the in writing to the Director of Regulatory o f Appendix D to 10 CFR Part 50, which ACRS report will also be made available Standards, U.S. Atomic Energy Com­ sets forth procedures applicable to re­ to the public. A notice relating to the mission, Washington, D.C. 20545. Tele­ view of environmental considerations for availability of these documents will be phone requests cannot be accommodated. production and utilization facilities. published in the F ederal R eg ister. Other Division 5 Regulatory Guides The Board, designated by the Chair­ man of the Atomic Safety and Licensing In accordance with the Commission’s currently being developed include the policy statement on standardization, the Board Panel, will consist of Edward GESSAR design can be referenced as a follow ing: Luton, Esq., Chairman, Dr. Franklin C. standardized design in other facility ap­ Nuclear Material Control Systems and Pro­ Daiber, and Dr. Emmeth A. Luebke. plications when the Regulatory staff’s re­ cedures for Conversion Facilities Dr. A. Dixon Callihan has been desig­ view of GESSAR is substantially com­ Conduct of Nuclear Material Inventories nated as a technically qualified alter­ plete and when the staff has determined Training and Equipping of Guards and nate, and Thomas W. Reilly, Esq., has W atchm an been designated as an alternate qualified that all site and facility interfaces have Safe Secure Vehicles been identified, and when the standard­ Quality Assurance Program for Materials In the conduct of administrative pro­ ized design envelope has been defined. Accounting Measurements at a Chemical ceedings. However, such applicants for specific re­ Reprocessing Plant A “Notice of Consideration of Con­ actors must supply the information re­ Calibration Techniques for Nuclear Calo­ version of Provisional Operating License quired by § 50.34 of 10 CFR Part 50, rim etry to Full-Term Operating License; Notice Mass and Scales Calibration Pursuant to which should be supplemented by the Standard Methods for Chémical, Mass Spec­ of Opportunity for Hearing guidance described in the Commission’s trométrie, Spectrochemical, Nuclear and 10 CFR Part 50, Appendix D” was pub­ “Standard Format and Content of Safety Radiochemical Analyses of Plutonium Ni­ lished in the F ederal R egister on De­ Analysis Reports for Nuclear Power trate and Plutonium Metal cember 8, 1972 (37 FR 26144). The no­ Plants.” Armed Escort Duties and Responsibilities A copy of GESSAR is available for General Use of Locks in the Protection and tice provided that, within 30jiays from Control of Facilities and Special Nuclear public inspection at the Commission’s the date of publication, any person whose Materials interest may be affected by the pro­ Public Document Room, 1717 H Street, Nondestructive Assay of SNM Scrap and ceeding could file a petition for leave N.W., Washington, D.C. 20545. Waste Inventory Components

FEDERAL REGISTER, V O L 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21445 to intervene in accordance with the re­ Persons desiring to make a limited scribes a format for presenting this in­ quirements o f 10 CFR Part 2, “ Rules of appearance are requested to inform the formation. Use of the HTGR Edition will Practice” . Petitions fo r leave to inter­ Secretary of the Commission, United help to assure that information provided vene were thereafter filed by various pe­ States Atomic Energy Commission, is complete, will assist the Regulatory titioners, including (1) the State o f New Washington, D.C. 20545, by September 7, staff and others in locating information, York; (2) Mr. Michael Slade; (3) the 1973. A person permitted to make a and will aid in shortening the time Rochester Committee for Scientific In ­ limited appearance does not become a needed for review. formation and (4) the Monroe County party, but may state his position and The specific information identified and Conservation Council. As set out in the raise questions which he would like to the detailed subdivisions of the HTGR Memoranda and Orders referred to have answered to the extent that the Edition reflect the differences between above, a public hearing will be held. questions are within the scope of the HTGR’s and light-water-cooled-reac- Petitioners, Mr. M ichael Slade, and the hearing as specified above. A member of tors, but retain the material from the Rochester Committee for Scientific In ­ the public does not have the right to “Standard Format and Content of Safety formation will be admitted as parties to participate unless he has been granted Analysis Reports for Nuclear Power the proceeding. The State of New York the right to intervene as a party or the Plants—Revision 1,” issued in October, will participate in accordance with 10 right of limited appearance. 1972 that is generally applicable to both CFR § 2.715(c). An answer to this notice, pursuant to types. A prehearing conference or confer­ the provisions o f 10 CFR § 2.705 of the All interested persons who desire to ences will be held by the Board, at a Commission’s Rules of Practice, must be submit comments or suggestions should date and place to be set by it, to con­ filed by the parties to this proceeding send them to the Secretary of the Com­ sider pertinent matters in accordance (other than the Regulatory Staff) not mission, U.S. Atomic Energy Commis­ with the Commission’s “Rules of Prac­ later thanAugust 28,1973. sion, Washington, D.C. 20545, Attention : tice” . The date and place of the hearing Papers required to be filed in this pro­ Chief, Public Proceedings Staff, by Octo­ will be set by the Board at or after the ceeding may be filed by mail or telegram ber 31, 1973. Copies o f the proposed prehearing conference. Notices as to the addressed to the Secretary of the Com­ HTGR edition of the standard format dates and places of the prehearing con­ mission, United States Atomic Energy are available from the Director of Regu­ ference and the hearing will be pub­ Commission, W ashington, D.C. 20545, latory Standards, U.S. Atomic Energy lished in the F ederal R egister. The ATTENTION: Chief, Public Proceedings Commission, Washington, D.C. 20545. specific issues to be considered at the Staff, or may be filed by delivery to the Dated at Bethesda, Maryland, this 31st hearing will be determined by the Board. Commission’s Public Document Room, day of July 1973. For further details pertinent to the 1717 H Street, NW., W ashington, D.C. matters under consideration, see the li­ Pending further order of the Hearing For the U.S. Atomic Energy Commis­ censee’s application for conversion of Board designated for this proceeding, sion. Provisional Operating License No. D P R - parties are required to file, pursuant to L ester R ogers, 18 to a full-term operating license dated the provisions of 10 CFR § 2.708 of the Director of Regulatory Standards. August 15, 1972, the licensee’s Environ­ Commission’s Rules of Practice, an origi­ [FR Doc.73-16334 Filed 8-7-73;8:45 am] mental Report dated August 15,1972, and nal and twenty (20) conformed copies of the Commission’s draft detailed state­ each such paper with the Commission. [Docket Nos. 50-445, 50-446] ment on environmental considerations It is so ordered. pursuant to 10 CFR" Part 50, Appendix. TEXAS UTILITIES GENERATING CO. ET AL. D, issued on April 11, 1973, which are Dated at Washington, D.C., this 2d day Notice of Receipt of Application for Con­ available for public inspection at the of August.1973. Commission’s Public Document Room, struction Permits and Facility Licenses; The Atomic Safety and Licensing Availability of Applicants’ Environmental 1717 H Street, NW., Washington, D.C., Board, designated to rule on petitions Report, etc. and at the Lyons Public Library, 67 for leave to intervene. Canal Street, Lyons, New York 14489. The Texas Utilities Generating Com­ As th ey become available, the following J ames R . Y ore, pany, Dallas Power and Light Company, documents also will be available at the Chairman. Texas Electric Service Company, and above locations: (1) the Safety Evalua­ [PR Doc.73-16330 Piled 8-7-73;8:45 am] Texas Power and Light Company (the tion prepared by the Directorate of Li­ applicants), pursuant to Section 103 of censing; (2) the Commission’s final de­ the Atomic Energy Act o f 1954, as tailed statement on environmental SAFETY ANALYSIS REPORTS FOR amended, filed an application, which was considerations; (3) the report of the NUCLEAR POWER PLANTS docketed July 20, 1973, for authorization Advisory Committee on Reactor Safe­ Proposed Standard Format and Content to construct and operate two generating guards on the application for a full-term for HTGR’s units utilizing pressurized water reactors. facility operating license; (4) the pro­ The application was tendered on June 5, The Atomic Energy Commission’s reg­ posed full-term operating license and 1973. Following a preliminary review for ulations (§ 50.34 of 10 CFR Part 50) re­ (5) the proposed technical specifications, completeness, it was accepted on July-18, quire that each application for a con­ which will be attached to the proposed 1973, for docketing. struction permit for a nuclear reactor fu ll-term facility operating license. The proposed nuclear facilities, desig­ facility include, among other things, a nated by the applicants as the Comanche Copies of items (1), (2), (3), and (4) preliminary safety analysis report and *uay be obtained when they become Peak Steam Electric Station, Units 1 and that each application for a license to 2, are located on the applicants’ site in available by request to the Deputy Di­ operate such a facility include a final rector for Reactor Projects, Directorate Somervell County, Texas, approximately safety analysis report. 41/ 2 miles north of Glen Rose, Texas, and of Licensing, U.S. Atomic Energy Com­ To aid applicants in the preparation mission, Washington, D.C. 20545. approximately 40 miles southwest of Fort of safety analysis reports for high-tem- Worth in North Central Texas. Each re­ Any person who wishes to make an perature-gas-cooled-reactors (HTGR’s), actor is designed for initial operation at oral or written statement in this pro­ the Commission’s Regulatory staff has approximately 3411 megawatt's (ther­ ceeding but who has not filed a petition prepared a proposed “HTGR Edition of mal), with a net electrical output of for leave to intervene as noted above, the Standard Format and Content of approximately 1159 megawatts. may requ est permission to m'ake a limited Safety Analysis Reports for Nuclear A notice of hearing with opportunity appearance pursuant to the provisions Power Plants.” The new document, which of 10 CFR § 2.715 o f the Commission’s for public participation is being pub­ has been issued for comment, identifies lished separately. Rules of Practice”. Limited appearances the principal information that is needed will be permitted at the time of the Any person who wishes to have his hearing in the discretion of the Board, by the Regulatory staff in evaluating views on the antitrust aspects of the ap­ within such limits and on such condi­ applications for construction permits and plication presented to the Attorney Gen­ tions as may be determined by it. operating licenses for HTGR’s and de­ eral for consideration shall submit such

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152------9 21446 NOTICES views to the U.S. Atomic Energy Com­ Delta states informally that it has no Environmental Protection Agency (EPA) mission, Washington, D.C. 20545, Atten­ objection to the Bureau’s request for a full and complete description of the tion : Chief, Office of Antitrust and postponement, and it appears that the program it intends to administer, in­ Indemnity, Directorate of Licensing, on interests of all parties would be best, cluding a statement from the State At­ or before September 30., 1973. The request served by disposing of that request with­ torney General that the laws of the State should be filed in connection with Docket out further delay. provide adequate authority to carry out Nos. 50-445-A and 50-446-A. Accordingly, notice is given that the the described program. The Adminis­ A copy of the application is available hearing in the above-entitled proceed­ trator is required to approve each such for public inspection at the Commission’s ing, which is now scheduled for Au­ submitted program unless he determines Public Document Room, 1717 H Street, gust 21, 1973 (38 FR 17871, July 5, 1973), that 1) adequate authority does not exist !N.W., Washington, D.C. 20545, and at the is hereby postponed indefinitely. to issue permits which comply with all Somervell County Public Library, On Dated at Washington, D.C., August 2, pertinent requirements of the Act, or the Square, P.O. Box 417, Glen Rose, 1973. 2) that adequate authority does not exist Texas, 76043. to abate violations of the permit (includ­ The applicants have also filed, pur­ [ seal] T homas P. S heehan, ing civil and criminal penalties), or 3) suant to the National Environmental Administrative Law Judge. that the State program description does Policy A ct of 1969 and the regulations [FR Doc.73-16378 Filed 8-7-73;8:45 am] not insure that the Administrator, the of the Commission in Appendix D to 10 public, any other affected State, and CFR Part 50, an environmental report other affected agencies are given notice dated June 5, 1979.. The report has been [Dockets Nos. 24068, 24823] of each application and are given the made available for public inspection at VIKING INTERNATIONAL AIR FREIGHT, opportunity, for a public hearing before the aforementioned locations. The re­ INC. ET AL. acting on each such application. The port, which discusses environmental con­ com plete description o f the State pro­ siderations related to the proposed Notice of Hearing gram elements necessary for approval of construction of the Comanche Peak Viking International Airfreight, Inc., the State program was published in Vol­ Steam Electric Station, Units 1 and 2 is and Eugene Pikousky; Virginia Air Cargo ume 37 o f the F ederal R egister, Decem­ also being made available at the North Co., Inc., and Wilson Trucking Corp. ber 22, 1972 (40 CFR 124), beginning at Central Texas Council of Governments, Notice is hereby given, pursuant to the page 28390. P.O. Box 5888, Arlington, Texas 76011. provisions of the Federal Aviation Act The State o f Michigan has submitted a After the report has been analyzed by of 1958, as amended, that a. public hear­ full and complete Request for State Pro­ the Commission’s Director of Regulation ing in this proceeding is assigned to be gram Approval and proposes that the or his designee, a draft environmental held on August 29, 1973, at 10:00 a.m. Michigan W ater Resources Commission, statement will be prepared by the Com­ (local time) in Room 726, Universal Stevens T. Mason Building, Lansing, mission. Upon preparation of the draft Building, 1825 Connecticut Avenue, NW., Michigan 48913 (Ralph W. Purdy, Exec­ environmental statement, the Commis­ Washington, D.C., before the under­ utive Secretary 517/373-3560) operate sion will, among other things, cause to be signed Administrative Law Judge. the NPDES permit program for dis­ published in the F ederal R egister a For information concerning the issues charges into the navigable waters within summary notice of availability of the involved and other details in this pro­ the jurisdiction of the State in accord­ draft statement, requesting comments ceeding, interested persons are referred ance with the Act. from interested persons on the draft to the prehearing conference report Francis T. Mayo, Regional Adminis­ statement. The summary notice will also served on July 9, 1973, and other docu­ trator of EPA-Region V, has scheduled a contain a statement to the effect that ments which are in the docket of this public hearing to consider this request comments of Federal agencies and State proceeding on file in the Docket Section and enable all interested parties to pre­ and local officials thereon will be made of the Civil Aeronautics Board. sent their views on the State’s submis­ available when received. Dated at Washington, D.C., August 2, sion. The hearing will be held at the Dated at Bethesda, Maryland, this 1973. Sheraton-Cadillac Hotel, Washington 24th day of July, 1973. Boulevard and Michigan Avenue, in De­ W illiam H. D apper, troit, M ichigan 48231, on September 6, For the Atomic Energy Commission. Administrative Law Judge. 1973, at 10 a.m. A 3-member hearing D. B. V assallo, [FR Doc.73-16379 Filed 8-7-73;8:45 am] panel will preside over the hearing. The Chief, Pressurized Water Reac­ panel will consist of the Administrator tors, Branch No. 1, Directorate ENVIRONMENTAL PROTECTION of EPA or his representative, who will - of Licensing. serve as the Presiding Officer, the Execu­ AGENCY [FR Doc.73-15673 Filed 7-31-73; 8:45 am] tive Secretary o f the Michigan Water Re­ MICHIGAN sources Commission or his representa­ tive, and the Regional Administrator of CIVIL AERONAUTICS BOARD Request for State Program Approval for EPA-Region V or his representative. [Dockets Nos. 25193, 24873] Control of Discharges of Pollutants to Oral statements will be heard and con­ Navigable Waters sidered, but, fo r accuracy of the record, CENTURY 2000, INC., ET AL. On October 18, 1972, Congress passed all testimony should be submitted in Postponement of Hearing new legislation in the form of the Fed­ writing. Statements should summarize By letter of July 30, 1973, the Bureau eral Water Pollution Control Act Amend­ extensive written material so ^there will of Enforcement has requested an in­ ments o f 1972. This legislation estab­ be time for all interested parties to be definite postponement of the hearing lished the National Pollutant Discharge heard. Persons are encouraged to bring now set for August 21,1973, in the above- Elimination System (NPDES) permit extra copies of their written statements for the use of the hearing panel and entitled case. Concurrently the Bureau program, under which the Administrator of the Environmental Protection Agency other interested persons. filed a motion to dismiss the proceeding1 may issue permits to municipal, indus­ The Presiding Officer may, at his dis­ and the request to postpone was made to trial, and agricultural entities to control cretion, exclude oral testimony if it is avoid inconvenience to the parties pend­ the discharge of pollutants into navigable overly repetitious o f previous testimony ing the Board’s ruling on that motion. waters. heard or if it is not relevant to the de­ Section 402(b) of the Act (33 USC cision to approve or require revision to 1 That motion states, inter alia, that the 1251) provides that the Governor of a the State program submitted. The hear­ State desiring to administer the NPDES Federal Aviation Administration refused to ing record will be left open for a period renew Century’s authority when it expired program to control discharges into navi­ on June 17, 1973, and that Century is no gable waters within its jurisdiction may of 5 days following the hearing to allow longer in operation. submit to the Administrator of the U.S. any person to submit additional written

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21447 statements or to present views or evi­ amended (39 Stat. 733, 75 Stat. 763, 46 that Mohegan International Corporation dence tending to rebut testimony pre­ U.S.C. 814), of Louisiana, Sanlin Building, New Or­ sented during the hearing. Interested parties may inspect and ob­ leans, La. 70130 wishes to voluntarily Any interested, person may comment tain a copy of the agreement at the surrender its Independent Ocean Freight upon the State submission by writing to Washington office of the Federal Mari­ Forwarder License No. 538 for revocation, the EPA—Region V Office (1 North time Commission, 1405 I Street, NW., effective August 19,1973. Operations con­ Wacker Drive, Chicago, Illinois 60606). Room 1015, or may inspect the agree­ ducted under License No. 538 will be Such comments will be made available ment at the Field Offices located at New merged with the Mohegan International to the public for inspection and copying York, N.Y., New Orleans, Louisiana, and Corporation (New York, N.Y.) FMC Li­ and shall be considered by the Regional San Francisco, California. Comments on cense No. 269, and those offices operated Administrator in making his recommen­ such agreements, including requests for under FMC License No. 538 at New Or­ dations to the Administrator. hearing; may be submitted to the Sec­ leans, La., and Houston, Texas, will be T h e State’s submission, related docu­ retary, Federal Maritime Commission, conducted as branch offices of FMC ifi-« m ents, and all comments received are on W ashington, D.C. 20573, on or before Au­ censee No. 269. file and may be inspected and copied gust 28,1973. Any person desiring a hear­ By virtue of authority vested in me by (@ 20^/page) at the EPA—Region V of­ in g s the proposed agreement shall pro­ the Federal Maritime Commission as set forth in Manual of Orders, Commission fice in Chicago. vide a clear and concise statement of Copies of this notice are available upon the matters upon which they desire to Order No. 1 (revised) Section 7.04(f) request from the Enforcement Division adduce evidence. An allegation of dis­ (dated 5/1/72); of EPA—Region V (312/353-5252). crimination or unfairness shall be ac­ It is ordered, That Independent Ocean Please bring the foregoing to the at­ companied by a statement describing the Freight Forwarder License No. 538 be tention of persons you know would be in­ discrimination or unfairness with partic­ returned to the Commission for terested in this matter. ularity. If a violation of the Act or detri­ cancellation. ment to the commerce of the United It is further ordered, That the Inde­ Dated: August 2,1973. States is alleged, the statement shall set pendent Ocean Freight Forwarder Li­ A lan G. K ir k , II, forth with particularity the acts and cir­ cense of Mohegan International Corpora­ Acting Assistant Administrator cumstances said to constitute such vio­ tion of Louisiana be and is hereby for Enforcement and General lation or detriment to commerce. revoked effective August 19, 1973. Counsel. A copy of any such statement should It is further ordered, That a copy of this Order be published in the F ederal [PR Doc.73-16286 Filed 8-7-73:8:45 am] also be forwarded to the party filing the agreement (as. indicated hereinafter) R egister and served upon Mohegan In­ ternational Corporation of Louisiana. FEDERAL MARITIME COMMISSION and the statement should indicate that this has been done. W illiam J arrel S m it h , Jr. [Independent Ocean Freight Forwarder Deputy Managing Director. License 1128] Notice of agreement filed by: Edward D. Ransom, Esq. [FR Doc.73-16343 Filed 8-7-73;8:45 am] AERO SPECIAL DELIVERY SERVICE, INC. Lilllck, McHose, Wheat, Adams & Charles Order of Revocatiori 311 California Street SPAIN/U.S. NORTH ATLANTIC San Francisco, California 94104 B y le tte r dated July 23,1973, the Fed­ WESTBOUND FREIGHT CONFERENCE eral Maritime Commission received noti­ Agreement No. T-2827, between En- Notice of Agreement Filed fication that Aero Special Delivery Serv­ cinal Terminals (Encinal) and Crescent ice, Inc., 242 Steuart Street, San Fran­ Wharf and Warehouse Co. (Crescent), Notice is hereby given that the follow­ cisco, California 94105 wishes to volun­ provides for the lease to Crescent of cer­ ing agreement has been filed with the Commission for approval pursuant to tarily surrender its Independent Ocean tain marine terminal property in Ala­ F reight Forwarder License No. 1128 for meda, California, to be used for the section 15 o f the Shipping Act, 1916, as revocation. docking of vessels, receipt, handling, amended (39 Stat. 733, 75 Stat. 763, 46 B y virtue of authority vested in me storage and delivery of waterborne cargo. U.S.C. 814). by th e Federal Maritime Commission as Charges for land rentals, dockage, Interested parties may inspect and ob­ set forth in Manual of Orders, Commis­ wharfage, wharf demurrage and storage, tain a copy of the agreement at the sion Order No. 1 (revised) § 7.04(f) and freight transfer charges appear in Washington office of the Federal Mari­ (dated 5/1/72) ; Encinal’s tariff and are to be collected by time Commission, 1405 I Street, N.W., It is ordered, that Independent Ocean Crescent. Revenues from such charges, Room 1015; or may inspect the agree­ Freight Forwarder License No, 1128 be in addition to other incidental land ment at the Field Offices located at New returned to the Commission for cancel­ rentals, will constitute Encinal’s com­ York, N.Y., New Orleans, Louisiana, and lation. * / *. > pensation. Encinal will receive an annual San Francisco, California. Comments on such agreements, including requests for It is further ordered, that the Inde­ minimum rental of $500,000 and if rental revenues during the year exceed $800,000, hearing, may be submitted to the Secre­ pendent Ocean Freight Forwarder Li­ Crescent will pay Encinal $800,000 plus tary, Federal Maritime Commission, cense of Aero Special Delivery Service, 50 percent of such excess. Crescent will Washington, D.C., 20573, on or before Inc. be and is hereby revoked effective perform all terminal operating services July 23, 1973, without prejudice to re­ August 20, 1973. Any person desiring a and retain all revenues therefrom. apply for a license at a later date. hearing on the proposed agreement shall It is further ordered, that a copy of By order of the Federal Maritime provide a clear and concise statement of this Order be published in the Federal Commission. the matters upon which they desire to R egister and served upon Aero Special Dated: August 3,1973. adduce evidence. An allegation of dis­ Delivery Service, Inc. crimination or unfairness shall be ac­ F rancis C. H u rn ey, W m . J arrel S m it h , Jr. Secretary. companied by a statement describing the Deputy Managing Director. [FR Doc.73-16345 Filed 8-7-73;8:45 am] discrimination or unfairness with par­ [PR Doc.73-16344 Piled 8-7-73:8:45 am] ticularity. If a violation of the Act or detriment to the commerce of the United [Independent Ocean Freight Forwarder e n c in a l t e r m i n a l s a n d c r e s c e n t License 538] States is alleged, the statement shall set WHARF AND WAREHOUSE CO. forth with particularity the acts and cir­ MOHEGAN INTERNATIONAL CORPORA­ Notice of Agreement Filed cumstances said, to consitute such viola­ TION OF LOUISIANA tion or detriment to commerce. Notice is hereby given that the follow- uig agreement has been filed with the „ Order of Revocation A copy of any such statement should Commission for approval pursuant to sec­ On July 18, 1973, the Federal Mari­ also be forwarded to the party filing the tion 15 of the Shipping Act, 1916, as time Commission received notification agreement (as indicated hereinafter)

FEDERAL REGISTER. VOL. 38, NO. 152— WÉDNESDAY, AUGUST 8, 1973 21448 NOTICES and the statement should indicate that own review of the matter believes that a ther notice of such hearing will be duly this has been done. grant of the certificates or the authori­ given. zation for the proposed abandonment is Notice of agreement filed by: Under the procedure herein provided required by the public convenience and for, unless otherwise advised, it will be Stanley O. Sher, Esq. necessity. Where a petition for leave to unnecessary for Applicants to appear or Billig, Sher & Jones, P. C. Suite 300 intervene is timely filed, or where the be represented at the hearing. 1126 Sixteenth Street, NW. Commission on its own motion believes K enneth F. Plumb, Washington, D.C. 20036. that a formal hearing is required, fur- Secretary. Agreement No. 9615-7, among the member lines of the above-named con­ Docket No. ' - . Pres- aiid . ’ Price sure ference, modifies and extends the con­ date filed Applicant Purchaser field and location per Mcf base ference’s self-policing procedures and provides for the appointment of an “En­ G-8124 T . Jack Foster Trust “A ” (suce, to El Paso Natural Gas Company_____ 11.0 15.025 forcement Authority” to carry out the E 7-16-73 T . Jack Foster, étal.) San Juan Basin Field, San Juan and specified procedures. P.O. Box 4100 Rio Arriba Counties, New Mexico Foster City, California 94404 By order of the Federal Maritime Com­ G-17378 Texaco Inc Transwestern Pipeline Company___ nonproductive D 7-20-73 P.O. Box 3109 Buler Field, Ochiltree County, mission. Midland, Texas 79701 Texas Francis C. Hurney, CI66-945 Sun Oil Company (suce, to Anchor Panhandle Eastern Pipe Line 18.4481 14.65 (CI71-394) Production Company) Company Secretary. C 7-13-73 P.O. Box 2880 N.W. Avard Field, Woods County, Dated: August 3,1973. F Dallas, Texas, 75221 Oklahoma CI67-248 Beacon Gasoline Company [FR Doc.73-16346 Piled 8-7-73;8:45 am] 7-16-73 ». P.O. Box 396 Walker Creek Field, Columbia Minden, Louisiana 71055 County, Arkansas CI73-175 Amoco Production Company El Paso Natural Gas Company___ _ 24.0« 15.025 C 7-16-73 « P.O. Box 591 Basin Dakota Field, Rio Arriba FEDERAL POWER COMMISSION Tulsa, Oklahoma 74102 County, New Mexico [Docket No. G-8124, et al.] CI74r-29 Aikins & Owen (Operator), et al. Tennessee .Gas Pipeline Company, 16.66225« 14.65 (CS71-1064) (suce, to Salmon Corporation) <, a Division of Tenneco Inc. F 7-12-73 4328 East Kellog Deckers Prairie Field, Harris SALES OF NATURAL GAS Wichita, Kansas 67218 County, Texas CI74-30 Aikins & Owen (Operator), et al. Tennessee Gas Pipeline Company, 16.0563« 14.65 Applications for Certificates, Abandonment (CI68-741) (suce, to Salmon Corporation) a Division of Tenneco Inc. of Service and Petitions To Amend F 7-12-73 Deckers Prairie Field, Harris and Certificates 1 Montgomery Counties. Texas CI74-31 Aikins & Owen (Operator, et al. Tennessee Gas Pipeline Company, 15.0563« 14.65 Ju ly 26, 1973. (CI64-176) (suce, to Salmon Corporation) a Division of Tenneco Inc. Take notice that each of the Appli­ F 7-12-73 Deckers Prairie Field Montgomery County, Texas cants listed herein has filed an appli­ CI74-35 Aikins & Owen (Operator), et al. Tennessee Gas Pipeline Company, 16.3946« 14.65 cation or petition pursuant to section 7 (CI67-797) (suce, to Salmon Corporation) a Division of Tenneco Inc. (CI67-1008) Carmichael Field, Jackson County,- of the Natural Gas Act for authorization F 7-11-73 Texas to sell natural gas in interstate com­ merce or to abandon service as described * Including Btu adjustment. « herein, all as more fully described in the * Applicant proposes to gather and transport gas for W. H. Hunt * This is an amendment to a pending application. respective applications and amendments « Subject to upward and downward Btu adjustment. which are on file with the Commission * Subject to downward Btu adjustment. and open to public inspection. Filing code: A—Initial service. Any person desiring to be heard or to B—Abandonment. C—Amendment to add acreage. make any protest with reference to said D—Amendment to delete acreage. applications should on or before August E—Succession. 23, 1973, file with the Federal Power F—Partial succession. Commission, W ashington, D.C. 20426, [FR Doc.73-16265 Filed 8-7-73;8:45 am] petitions to intervene or protests in ac­ cordance with the requirements of the Commission’s rules of practice and pro­ [Docket Nos. E-8250E-8071E-8142] APLC states that n o facilities will be cedure (18 CFR 1.8 or 1.10). All protests ARKANSAS POWER AND LIGHT CO. installed or modified except.to accom­ filed with the Commission will be con­ modate additional capacity and/or to Order Accepting and Suspending Proposed sidered by it in determining the appro­ provide points o f delivery for customers’ Tariff Sheets priate action to be taken but will not load growth in the future. Furthermore, serve to make the protestants parties to July 31, 1973. the proceeding. Persons wishing to be­ APLC- states that the Company does not come parties to a proceeding or to partic­ On June 1, 1973, Arkansas Power and propose to apply the 1.3 percent monthly ipate as a party in any hearing therein Light Company (APLC) tendered for additional facilities charge provided for must file petitions to intervene in ac­ filing proposed changes in its Rate in the new rate schedules to any pres­ Schedule U3—Resale Service to Munici­ cordance with the Commission’s rules. ently installed transmission and distri­ pally Owned and Privately Owned Elec­ Take further notice that, pursuant to bution facilities. Finally, APLC states the authority contained in and subject trical Distribution Systems1 and its pro­ that the rate of return from service to to the jurisdiction conferred upon the posed changes would increase APLC’s Federal Power Commission by sections 7 the municipally owned and privately and 15 of the Natural Gas Act and the revenues from sales and service by owned systems is 3.74 percent and from Commission’s rules of practice and pro­ $1,969,462 for the twelve month period service to rural electric cooperatives the cedure a hearing will be held without ending July 31,1972. The proposed effec­ rate of return is a negative .15 percent. further notice before the Commission on tive date is August 1, 1973. (FPC Rate The Company states that the proposed all applications in which no petition to Designations are shown in Appendix A) rates will enable the Company to improve intervene is filed within the time re­ its rate of return, which it believes is quired herein if the Commission on its 1 Benton Municipal Light and Water Works, - Water and Light Commission of Hope, City of North Little Rock, Arkansas, City of Osceola, 2 Conway Corporation, F arm ers'Electric Co­ 1 This notice dofes not provide for consoli­ Arkansas, City of Prescott, Arkansas, City of operative Corporation, Mississippi County ^ dation for hearing of the several matters West Memphis, Arkansas, Citizens Light & Electric Cooperative, Inc., North Arkansas covered herein. Power. Electric Cooperative.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21449 vital to attract the necessary amount of cover twice for all future line extension- Federal Power Act to determine the capital in order to provide adequate recovery once by the “additional facili­ justness and reasonableness of those service to its present and future cus­ ties charge” and secondly, recovery rates. tomers. would be had in the increase cost of We note that in a related case in Notice of filing was issued on June 15, service. Docket No. E-8142, the Commission in 1973, with protests and petitions to in­ In the event that the filing is not re­ an order issued July 3, 1973, instituted tervene due on or before June 28, 1973. jected, Customers urge the Commission an investigation under section 206 of the A Protest, Motion to Reject, and Peti­ to suspend the proposed rate schedule Federal Power Act with respect to an tions to Intervene o f Publicly Owned changes for the full five month statutory embedded debt cost adjustment provision Wholesale Customers1 (Customers) was period provided for in section 205 (e) of contained in the Power Coordination, In­ timely filed June 28, 1973. In support of the Federal Power Act, set the matter for terchange and Transmission Agreement its motion to reject, Customers first al­ hearing and request permission to inter­ dated April 20, 1972 between APLC and lege that APLC’s participates in anti­ vene in these proceedings. Customers’ , Arkansas Electric Cooperative Corpora­ competitive activity and that the pro­ motion to reject raises substantive is­ tion. Since the adjustment clause and posed rate increase would “ squeeze” sues which cannot be summarily decided Docket No. E-8142 is identical to the pro­ Customers out of com petition with re­ and require an evidentiary hearing which vision in Docket No. E-8250 and Docket spect to sales to industrial customers. we have set forth herein. No. E-8071, common issues of law and By order issued May 31, 1973, in In ­ On review o f APLC’s June 1, 1973, fil­ fact are raised. We will accordingly order diana and M ichigan Electric Company ing at Docket No. E-8250 and Customers’ consolidation of these dockets. Consistent Docket No. E-7740 we set minimum motion to reject or in the alternative with this action, we will amend our order standards for those who would raise anti­ suspend the filing indicates that the pro­ o f July 3, 1973, in Docket No. E-8142 to competitive issues. These standards are posed rates have not been shown to be provide dates for service of evidence and that the petition to intervene must just and reasonable and may be unjust, hearing consistent with our action clearly specify 1) the facts relied upon, unreasonable, preferential or unduly dis­ herein. 2) the anti-competitive practices chal­ criminatory or otherwise unlawful and The Commission finds: lenged, and 3> the requested relief which may require a full evidentiary hearing. (1) It is necesssary and proper in the is within this Commission’s authority to On March 8, 1973, APLC tendered for public interest and to aid in the enforce­ direct. Our review of Customers’ petition filing in Docket No. E-8071, an initial ment of the provisions of the Federal to reject-or intervene indicates that it Power Service Agreement between the Power Act that the ^Commission enter fails to specify the relief which is within City Water and Light Plant of the City upon a hearing concerning the lawful­ this Commission’s authority, to direct^ of Jonesboro, Arkansas (Jonesboro) and ness of the rates and charges contained Accordingly, we shall limit Customers' APLC to become effective June 1, 1973. in APLC’s Rate Schedules as proposed in participation in this proceeding to mat­ APLC described the Agreement as last­ Docket No. E-8250 filed May 31, 1973. ters other than the alleged anti-competi­ ing for a term of at least seven years, (2) It is necessary and proper in the tive activities. This action is without beginning on or about June 1, 1973, and public interest and to aid in the enforce­ prejudice to Customers’ right to file an providing for an initial block of at least ment of the provisions of the Federal appropriate amended petition which sets 5,000 KW during the term of the Agree­ Power Act that the Commission enter forth relief for the alleged anti-competi­ ment. Jonesboro is not now served by upon a hearing under section 206 o f the tive conduct that is within this Commis­ APLC and there is no interconnection be­ Federal Power Act to determine the just­ sion’s authority to direct. tween their respective systems. APLC ness and reasonableness of the Initial states that the city electrical system has Power Service Agreement in Docket No. Customers also allege several other need of additional firm capacity and en­ E-8071 filed March 8,1973. grounds in support o f its m otion to re­ ergy to supplement its own generation (3) The disposition of this proceeding, ject. Firstly, Customers argue that by fil­ and other sources of firm power supply ing a split test year ending July 31, 1973, should be expedited in accordance with in order to adequately supply the city’s the procedures set below. APLC has effectively understated its rev­ customers. APLC further states that the (4) In the event this proceeding is not enues. Secondly, Customers argue that rates and charges provided for in the certain factors utilized by APLC in con ­ concluded prior to the termination of the Agreement were arrived at through ne­ suspension period herein ordered in struction of its cost of service are ques­ gotiations with Jonesboro, and they are tionable; e.g., the utilization of a single Docket No. E-8250 the placing of the rate designed to produce a return approxi­ and charges applied for in this proceed­ peak allocation for,its basis demand al­ mately equal to the Company’s overall ing into effect, subject to refund with location. Thirdly, Customers argue that rate of return. interest, while pending Commission de­ allowance o f the nuclear adjustment The Agreement provides that the de­ clause would put the nuclear plant in termination as to their justness and rea­ its rate base while continuing to book mand charge shall be increased by one sonableness, is consistent with the pur­ cent ($.01) per KW of Contract Demand pose of the Economic Stabilization Act of interest during construction, since it does for each full one tenth of one percent 1970, as amended. not anticipate putting the nuclear plant (0.1 percent) increase in the Company’s (5) Good cause exists for consolidation into operation prior to Spring, 1974. embedded cost of long-term debt above of Docket Nos. E-8250, E-8142, and Fourthly, the Customers argue that the the 5.87 percent existing as of July 31, E-8071. introduction of an embedded debt cost 1972. Furthermore, the energy charge (6) Consistent with our action con­ adjustment provision and a tax adjust­ will be increased or decreased to reflect solidating Docket Nos. E-8250, E-8071 ment clause should be rejected as not the nearest one-thousandth (.001) mill and E-8142, the procedural dates set meeting the justification for escalation per kilowatt-hour, the change in the cost forth in our July 3, 1973, order in the factors set for in Commission’s Opin­ ion 633, New England Power Company of fuel utilized in Company-owned gen­ latter docket should be amended as here­ erating stations. inafter ordered. (Docket No. E-7541) and if not rejected, APLC’s filing in Docket No. E-8071 was (7) The petition to intervene of Cus­ should not be allowed to operate auto­ noticed on March 22, 1973 with motions tomers should be granted as hereinafter matically. Fifthly, the Customers state of protest or intervention due on or be­ ordered. that allowance of APLC’s “additional fa­ fore April 12, 1973. No motions to pro­ (8) The petition to reject in Docket cilities charge” would allow APLC to re- test or intervene were received. No. E-8250 should be denied. APLC’s M arch 8, 1973, filing at Docket The Commission orders: * Conway Corporation, Benton Municipal No. E-8071 became effective June 1,1973. (A) The above enumerated rate sched­ Light & Water Works, Hope Water & Light Our review indicates that the rates have ules-in Docket No. E-8250 filed May 31, Commission, City of North Little Rock, not been shown to be just and reasonable 1973, are accepted for filing and their e f­ Arkansas, City of Osceola, Arkansas, Gity of fectiveness is suspended until January 1, Prescott, Arkansas, City of West Memphis, and may be unjust, unreasonable, unduly Arkansas, Farmers Electric Cooperative discriminatory, preferential or otherwise 1974. Corporation, Mississippi County Electric Co­ unlawful. Therefore, we shall institute an (B) APLC is required in Docket No. E- operative, Inc. investigation under section 206 of the 8250 and in E-8071 to file within 60 days

FEDERAL REGISTER. VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21450 NOTICES of the issuance of this order an updated sponsibility imposed by the Economic FEDERAL RESERVE SYSTEM cost of service for the twelve month test Stabilization Act o f 1970, (Public Gas period ending June 30, 1973 (in accord­ 91-370, 84 Stat. 799, as amended by CONNECTICUT BANCFEDERATION, INC. ance with regulations 35.13 and 35.12 Public Law 92-15, 85 Stat. 38), or by any Formation of Bank Holding Company respectively). Executive Order or rules and regulations (C) APLC’s M arch 8, 1973 filing at The Connecticut BancFederation, Inc., promulgated pursuant to such Act. New Britain, Connecticut, has applied Docket No. E-8071 constituting an initial (L) The Secretary shall cause prompt Power Service Agreement with Jonesboro for the Board’s approval under section is hereby accepted for filing to become publication of this order in the F ederal 3(a) (1) o f the Bank Holding Company Act (12 U.S.C. 1842(a) (D ) to become a effective June 1, 1973 as requested. R egister. bank holding company through acquisi­ (D) An investigation into the justness By the Commission. and reasonableness of the initial Power tion of more than 80 per cent of the vot­ Service Agreement with Jonesboro at - [ seal] M ary B. K idd, ing shares of the following three banks: Docket No. E-8071 is hereby instituted Acting Secretary. 1) The Guaranty Bank & Trust Com­ under section 206 of the Federal Power pany, Hartford, Connecticut; 2) New D esignations and D escriptions—Arkansas P ower Britain Bank and Trust Company, New and Light (E) Docket Nos. E-8250, E-8142 and Dated: Britain, Connecticut; 3) The Terryville Trust Company, Terryville, Connecticut. E-8071 are hereby consolidated and set Filed: June 1,1973 for hearing in accordance with the The factors that are considered in acting schedule established in ordering para­ Effective: on the application are set forth in sec­ tion 3(c) of the Act (12 U.S.C. 1842(c)). graph (F) hereof. FPC Designation Customer Description The application may be inspected at (F) Pursuant to- the authority of the the office of the Board of Governors or Federal Power Act, including sections Supplement No. 5 to Farmers Rate 205, 206, 308, and 309 thereof, the Com­ Rate Schedule Electric Schedule at the Federal Reserve Bank o f Boston. FPC No. 45 Cooperative B1 Any person wishing to comment on the mission’s rules of practice and procedure, (Supersedes Sup- Corporation and the regulations under the Federal plement No. 2 to application should submit his views in Power Act, a public hearing shall be'held Rate Schedule writing to the Secretary, Board of Gov­ FPC No. 45) ernors o f the Federal Reserve System, commencing with a pre-hearing confer­ Supplement No. 1 “ ...... Service ence on February 5, 1974, at 10:00 A.M., to Supplement Regulation Washington, D.C. 20551, to be received No. 5 to Rate not later than August 24,1973. e.d.t. in a hearing room of the Federal Schedule FPC Power Commission, 825 North Capitol No. 45 Supplement No. 2 North Little Rate Board of Governors of the Federal Re­ Street, NE, W ashington, D.C. 20424, to Rate Schedule Rock Schedille serve System, July .31, 1973. concerning the lawfulness of the rate FPC No. 49 U3 increase and adjustment clauses set forth Supplement No. 1 to " ...... Service [ seal] T heodore E. A llison, Supplement No. 2 Regulation Assistant Secretary of the Board. above. to Rate Schedule FPC No. 49 [FR Doc.73-16307 Filed 8-7-73;8:45 am] (G ) On or before January 4, 1974, the Supplement No. 1 to Hope...... Rate Commission Staff shall serve its prepared Rate Schedule Schedule testimony and exhibits. The prepared FPC No. 50 U3 Supplement No. 1 to ...... S e rv ice DEPOSIT GUARANTY CORP. testimony and exhibits of any or all in- Supplement No. 1 Regulation tervenors shall be served on or before to Rate Schedule Acquisition of Bridges Loan & Investment FPC No. 50 Company, Inc. January 15, 1974. Any rebuttal evidence Supplement No. 1 to Citizens Light Rate Schedule by .APLC shall be served on or before Rate Schedule & Power U3 Deposit Guaranty Corp., Jackson, Mis­ January 29, 1974. Cross-examination on FPC No. 51 Company- Supplement No. 3 to West Memphis.. Rate Schedule sissippi, a bank holding company within the evidence filed will commence on Feb­ Rate Schedule U3 the meaning of the Bank Holding Com­ ruary 12, 1974. FPC No. 55 pany Act, has applied for the Board’s Supplement No. 1 to “ ...... Service (H) A Presiding Administrative Law Supplement No. 3 Regulation approval, under section 4(c) (8) of the Judge to be designated by the Chief Ad­ to Rate Schedule Act and § 225.4(b) (2) of the Board’s FPC No. 55 ministrative Law Judge for the purpose Supplement No. 1 to Prescott...... Rate Schedule Regulation Y, to acquire all the voting (see Delegation of Authority, 13 CFR 3.5 Rate Schedule U3 shares o f Bridges Loan & Investment FPC No. 56 Company, Inc., Jackson, Mississippi,-a (d )), shall preside at the hearing in this Supplement No. 1 to “ ...... Service proceeding, and shall prescribe relevant Supplement No. 1 Regulation company engaged in the activities of procedural matters not herein provided, to Rate Schedule making or acquiring, for its own account FPC No. 56 and shall control the proceeding in ac­ Supplement No. 3 to Conway Rate Scheduleor for the account of others, loans and cordance with the policies expressed in Ratè Schedule Corporation other extensions of credit such as would FPC No. 57 the Commission’s rules of practice and Supplement No. 1 to “ ...... Service be made by a mortgage company, and of procedure. Supplement No. 3 Regulation servicing loans and other extensions of to Rate Schedule (I) The above-named petitioners are FPC No. 57 credit for any person. Such activities hereby permitted to intervene in this Supplement No. 2 to Benton...... Rate Schedule have been determined by the Board to be Rate Schedule closely related to banking (12 CFR 225.4 proceeding, subject to the rules and reg­ FPC No. 60 ulations of the Commission: Provided, Supplement No. 1 to North Arkansas Rate Schedule (a)(1) and (3)). however, that the participation of such Rate Schedule Electric B1 Notice of the application, affording op­ FPC No. 62 Corporation intervenors shall be limited to matters Supplement No. 4 to Osceola...... Rate Schedule portunity for interested persons to sub­ affecting rights and interests speci­ Rate Schedule- U3 m it comments and views on the public FPC No. 63 fically set forth in the respective peti­ (Supersedes Sup­ interest factors, was duly published (37 tions to intervene, except Customer’s plement No. 1 to FR 26060). The time for filing comments Rate Schedule and views has expired, and the Board has participation is limited to matters other FPC No. 63) than the alleged anti-competitive activ­ Supplement No. 1 to “ ...... Service Regu- considered all comments received in the ities, and Provided, further, That the ad­ Supplement No. 4 lation light of the public interest factors set to Rate Schedule mission of such intervenors shall not be FPC No. 63 forth in section 4(c) (8) of the Act (12 construed as recognition by the Commis­ Supplement No. 4 to Mississippi Rate Schedule U.S.C. 1843(c)(8)). Rate Schedule County B1 sion that they, or any of them, might be FPC No. 65 Electric Co­ Applicant is a one-bank holding com­ aggrieved because of any order or orders operative, pany controlling Deposit Guaranty Bank issued by the Commission in this pro­ Inc. Supplement No. 1 Servici Regu-(“Bank”), Jackson, Mississippi. Bank ceeding. to Supplement lation No. 4 to Rate holds $540 m illion in deposits and is the (J) Customer’s motion to reject in Schedule FPC Docket No. E-8250 is denied. No. 65 largest commercial bank in the State.1 (K) Nothing contained in this order shall relieve the Applicant of any re­ [FR Doc.73-16246 Filed 8-7-73; 8:45 am] 1 Banking data are as of June 30, 1972.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21451

With 27 offices, Bank holds close to 14 The Board further notes that Appli­ States, have opened offices in Jackson, per cent of total deposits in commercial cant has attempted unsuccessfully to en­ and there is evidence that additional banks in the State. Bank operates in each ter the Jackson area through the de novo firms expect to enter the Jackson area, of eight communities in Mississippi. Dur­ establishment of a mortgage subsidiary; which facts suggest that the combina­ ing 1972 Applicant attempted to estab­ there are at present four mortgage com­ tion of Bank and Bridges would not af­ lish a subsidiary de novo to engage in panies in the area each bf a siáe com­ fect adversely, to any significant degree, mortgage banking in the Jackson area, parable to Bridges; there are a large com petition in the field o f mortgage lend­ but those efforts failed, and that subsid­ number of mortgage lenders in the area ing in any relevant area. iary remains inactive. Bank does, how­ (25—of which six are banks, nine are The Board further notes that Bridges ever, engage in mortgage lending for its mortgage companies, and ten are savings is in need of additional capital to con­ own account at all of its offices; its prin­ and loans associations); the Jackson tinue its operation, and Applicant has cipal real estate lending activities are market is attractive for entry by other indicated that it would provide an addi­ conducted in the Jackson area. firms of major capability. The Jackson tional $1,000,000 of equity capital to the Bridges Loan & Investment Company area has enjoyed good population and Company, and also help the company (“Bridges”) operates offices in New Or­ economic growth in the past. The popu­ arrange additional lines of credit. Such leans, Shreveport, and Lafayette, Louisi­ lation increased at a 7.4 per cent rate action by Applicant should strengthen ana, and in Gulfport and Jackson in Mis­ (240,000 to 258,000) from 1965 to 1970, the financial position of Bridges, thereby sissippi. Although Bridges is headquar­ while during the same period the per enabling it to continue the present scope tered in Jackson, it appears that its capita income rose 40 per cent ($2,282 to of its mortgage lending activities and major activity is conducted outside the $3,209). On the record herein, it appears to remain an effective or strengthened Jackson area and that the company’s that upon consummation of the proposal. competitor in its market and further the share of activity in the Jackson area has Applicant’s market share would not be so economic development of the Jackson been declining in recent years. On the great as to preclude the development of area. In addition, Bridges would be able basis of mortgages serviced, Bridges competition through the entry of other to expand its construction lending and ranks (as of June 30, 1971) as the 117th mortgage lenders into the area nor would to engage in making conventional resi­ largest mortgage company in the United Applicant dominate the market. dential loans, each of which requires States and the second largest mortgage Applicant’s subsidiary bank and additional capital which is now unavail­ company headquartered in Mississippi. Bridges also make loans on commercial able to Bridges. Bridges’ ability to expand For its fiscal year ending May 31, 1972, property and construction loans in the into new lines of real estate lending and Bridges shows a servicing volume of $210 Jackson area. In the former category to continue the present mortgage loan million, and mortgage originations dur­ during 1971, Bank made 37 loans with a activities should provide additional bene­ ing that year of $53 million. value of some $2 million, and Bridges fits to the communities served by Bridges. Although Applicant’s subsidiary bank made four loans with a value of $1.5 m il­ Without financial assistance from Appli­ engages to some extent in the same line lion. Applicant would control less than 7 cant, Bridges would, it is stated, be re­ of activity as Bridges, the record indi­ percent of the loans on commercial quired to close at least two of its five cates that there is no significant compe­ property in the Jackson area as a result offices and curtail its lending activities. tition between the two institutions. O f of its acquisition of Bridges. With re­ Increased economic activity in the State the four areas in Mississippi where Bank spect to construction loans during 1971, of Mississippi, which is a State with low has offices and Bridges offers its services, Bank originated 263 loans with a value per family income, and in the relevant namely, the Jackson area (Hinds, o f under $14 million, and Bridges made communities affected by the proposal is Rankin, and Madison Counties), the 136 loans with a value of about $2 m il­ regarded by the Board as being in the Greenville area (W ashington County), lion. In neither category (loans on com­ public interest and serving the conven­ the Natchez area (Adams County), and mercial property or construction loans) ience and needs of the communities in­ the McComb area (Pike County), it ap­ does it appear that Bridges is an aggres­ volved. The aforestated public benefits pears that, only in the Jackson area, do sive competitor, nor that Bridges’ acqui­ lend weight for approval of the applica­ Bank and Bridges engage in real estate sition by Applicant would have a signifi­ tion and tend to offset any adverse effect lending to a meaningful extent. cantly adverse effect on competition in on competition that may result from con­ summation of the proposal herein. In the Jackson market, in the category either product line in the Jackson mar­ ket; moreover, since the Board considers Based upon the foregoing and other of 1-4 family mortgage loans, Bank orig­ considerations reflected in the record, the inated (during 1971) 65 loans with a the geographic market for these types of loans to be larger than the banking mar­ Board has determined that the balance value of $1.9 million, representing 2 per of the public interest factors the Board cent of dollar value pf the 1-4 family ket, the acquisition would not result in an undue concentration of resources. is required to consider under section 4 loans made in the Jackson area. During (c) (8) is favorable. Accordingly, the ap­ the same period, Bridges made 610 loans In the course of its consideration of the plication is hereby approved subject to with a value of $12,3 million, represent­ application, the Board has considered the conditions set forth in § 225.4(c) of ing about 13 per-cent of the dollar value comments by the Department of Justice Regulation Y and to the Board’s author­ of su ch loans in the market. As a result to the effect that consummation of the ity to require such modification or termi­ of consummation of the proposal herein, proposal would eliminate existing and nation of the activities of a holding com­ A pplican t would control 15 per cent of potential competition by “combining a pany or any of its subsidiaries as the all 1-4 family mortgages in the market, bank with almost half of the commercial Board finds necessary to assure compli­ making Applicant the largest lender in bank deposits in Jackson with the larg­ ance with the provisions and purposes of this category in the Jackson market. est independent mortgage company in the Act and the Board’s regulations and W hile these statistics appear to indicate the same geographic area. . . .” How­ orders issued thereunder, or to prevent that there is some competition between ever, in the Board’s judgment, consum­ evasion thereof.2 The transaction shall be mation of the proposal is not likely to the two institutions in the category of consummated' not later than three 1-4 family mortgage loans, the record eliminate any significant present or po­ shows that Bank makes conventional tential competition; Applicant will be months after the effective date of this loans of relatively short term and only one of a number of viable and aggressive Order, unless such period is extended for to established customers of Bank, not to real estate lenders now competing in the good cause by the Board, or by the Fed- the general public, whereas Bridges of­ Jackson area. Moreover, as a result of the vigorous growth in the Jackson area and fers FHA and VA mortgage loans to the 8 Dissenting Statement of Governors Brim­ general public. It appears, therefore, that the prospects for continued growth, four mer, Bucher, and HoUand filed as part of the no meaningful present competition of the largest mortgage companies in the original document. Copies available upon re­ would be eliminated between the two in­ country, including the • first, sixth, quest to the Board of Governors of the Fed­ stitutions in the 1-4 family mortgage twenty-first, and twenty-fifth largest eral Reserve System, Washington, D.C. 20551, market. mortgage servicing firms in the United or to the Federal Reserve Bank of Atlanta.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21452 NOTICES

eral Reserve Bank of Atlanta pursuant Applicant,1 the thirteenth largest bank be consummated (a) before the 30th to delegated authority. holding company in Texas, controls calendar day following the effective date By order of the Board of Governors,* two banks with total deposits o f $294 of this Order or (b) later than three effective July 30,1973. million,* representing less than one per months after the effective date of this cent of total commercial bank deposits Order, unless such period is extended for [seal] Chester B. Feldberg, in the State. Bank is the sixth largest of good cause by the Board, or by the Fed­ Secretary of the Board. 14 commercial banks in the Austin bank­ eral Reserve Bank of Dallas pursuant to [PR Doc.73-16306 Filed 8-7-73;8:45 am] ing market controlling deposits of ap­ delegated authority. proximately $40.3 m illion or 3.6 per cent By order of the Board of Governors,3 of the deposits of commercial banks in effective July 24, 1973. FIDELITY AMERICAN BANKSHARES, INC. this market. (All banking data are as of Acquisition of Bank December 31, 1972.) [seal] Chester B. Feldberg, At the present time, Applicant is not Secretary o f the Board. Fidelity American Bankshares, Inc., represented in the Austin area. Appli­ [PR Doc.73-16304 Filed 8-7-73;8:45 am] Lynchberg, Virginia, has applied for the cant’s subsidiary banks are located in the Board’s approval under section 3(a)(3) El Paso market, approximately 600 miles of the Bank Holding Company Act (12 west of Austin. No competition exists be­ PANNATIONAL GROUP, INC. U.S.C. 1 8 4 2(a)(3)) to acquire 100 per tween Bankf and any of the Applicant’s Order Approving Acquisition of Bank cent or more of the voting shares (less subsidiary banks and, in view of the dis­ directors’ qualifying shares) of Fidelity tance separating these banks and Texas PanNational Group, Inc., El Paso, National Bank, Roanoke County, Vir­ law prohibiting branching, it appears Texas, a bank holding company within ginia, a proposed new bank. The factors unlikely that significant competition the meaning of the Bank Holding Com­ that are considered in acting on the ap­ pany Act, has applied for the Board’s ap­ plication are set forth in section 3(c) of would develop in the forseeable future. Moreover, acquisition of Bank by Appli­ proval under section 3(a) (3) of the Act the Act (12 U.S.C. 1842(c)). (12 U.S.C. 1842(a) (3) to acquire 100 per The application may be inspected at cant should have a pro-competitive ef­ fect on the Austin banking market in cent of the voting shares less directors’ the office of the Board of Governors or at qualifying shares, of the successor by the Federal Reserve Bank of Richmond. which the four largest banks each hold merger to the Citizens National Bank of Any person wishing to comment on the more than $180 m illion o f deposits and, Austin, Austin, Texas (“ Bank” ). The application should submit his views in in the aggregate, control approximately bank into which Bank is to be merged has writing to the Secertary, Board of Gov­ 85 percent of the deposits of the 14 com­ no significance except as a means to fa­ ernors of the Federal Reserve System, mercial banks in that market. Appli­ cilitate the acquisition of the voting Washington, D.C. 20551, to be received cant’s entry into the Austin market shares of Bank. Accordingly, the pro­ not later than August 27,1973. through acquisition of Bank may result posed acquisition o f shares o f the suc­ in Bank improving its competitive posi­ cessor organization is treated herein as Board of Governors of the Federal Re­ tion vis a vis these largest banks in that serve System, July 31,1973. the proposed acquisition of the shares of market and thereby reduce the high con­ Bank. [seal] T heodore E. A llison, centration of banking resources in the Notice of the application, affording op­ Assistant Secretary of the Board. Austin market. portunity for interested persons to sub­ [PR Doc.73-16308 Piled 8-7-73;8:45 am] Financial and managerial resources of mit comments and views, has been given Applicant, its subsidiary banks, and bank in accordance with section 3(b) of the are satisfactory and future prospects ap­ Act. The time for filing comments and PANNATIONAL GROUP, INC. pear favorable. Prospects for economic views has expired, and the Board has considered the application and all com­ Acquisition of Bank growth in Applicant’s home market ap­ pear good, as do the prospects in the ments received in light of the factors set PanNational Group, Inc., El Paso, Austin area. Although the record fails to forth in section 3(c) of the Act (12 U.S.C. Texas, a bank holding company within indicate that the banking needs of resi­ 1 84 2(c)). the meaning of the Bank Holding Com­ dents of the Austin area are going un­ Applicant,1 the thirteenth largest bank pany Act, has applied for the Board’s ap­ served, affiliation of Bank witty Applicant holding company in Texas, controls two proval under section 3(a) (3) of the Act could provide Bank’s customers with banks with total deposits of $294 mil­ lion,2 representing less than one per cent (12 U.S.C. 1842(a)(3)) to acquire 100 some services not now being offered by percent of the voting shares less direc­ of total commercial bank deposits in the tors’ qualifying shares, of the successor Bank and therefore convenience and State. Bank is the sixth largest of 14 by merger to the Citizens National Bank needs considerations appear consistent commercial banks in the Austin banking of Austin, Austin, Texas (“Bank”) . The with approval. It is the Board’s judg­ market controlling deposits of approxi­ bank into which Bank is to be merged ment that the proposed transaction is in the public interest and that the applica­ mately $40.3 million or 3.6 per cent of the has no significance except as a means to deposits of commercial banks in this facilitate the acquisition of the voting tion should be approved. shares of Bank. Accordingly, the pro­ On the basis of the record, the appli­ cation is approved for the reasons sum­ »Voting for this action: Chairman B um s posed acquisition pf shares of the succes­ and Governors MitcheU, Daane, Sheehan, and sor organization is treated herein as the marized above. The transaction shall not Bucher. Absent and not voting: Governors proposed acquisition of the shares of Brimmer and Holland. Bank. 1 In. connection with Applicant’s application i In connection with Applicant’s applica­ Notice of the application, affording op­ to become a bank holding company, approved tion to become a bank holding company, ap­ portunity for interested persons to sub­ by the Board on February 29, 1972, Appli­ proved by the Board on February 29,1972, Ap­ mit comments and views, has been given cant was required to divest its 28.4 per cent plicant was required to divest its 28.4 per cent interest in Charles Bassett Center, Inc. (a interest in Charles Bassett Center, Inc. (a in accordance with section 3(b) of the nonbank subsidiary engaged in shopping Act. The time for filing comments and nonbank subsidiary engaged in shopping cen­ ter developments) and its 12 per cent inter­ center developments) and its 12 per cent views has expired,, and the Board has est in Darbyshire Steel Company, Inc. (ac­ interest in Darbyshire Steel Company, Inc. considered the application and all com­ quired through loan forclosure in 1972). (acquired through loan foreclosure in 1972). ments received in light of the factors set Applicant has advised the Board that the Applicant has advised the Board that the re­ forth in section 3 (c) of the Act (12 U.S.C. required divesture will take place by Feb­ quired divesture will take place by February ruary 1974. i974. 1 84 2(c)). 2 In addition to the present application, Ap- a In addition to the present application, A p ­ pUcant has also filed applications to acquire plicant has also filed applications to acquir two other banks. Consummation of all three two other banks. Consummation of all three «Voting for this action; Chairman Bums proposals will mean that Applicant will con and Governors Mitchell, Daane, and Sheehan. proposals will mean that Applicant will con­ trol $352 million in deposits and will rank trol $352 million in deposits and will ran* Voting against this action; Oovemors Brim­ thirteenth in the State. mer, Bucher, and Holland. thirteenth in the State.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21453 market. (All banking data are as of Insurance Agency, Phoenix, Arizona the policies protects collateral which December 31, 1972.) (“Agency”) and thereby to engage in in­ formed the basis for an extension of At the present time, Applicant is not surance agency activities. Certain insur­ credit by Mortgage Company or secures a represented in the Austin area. Appli­ ance agency activities have been deter­ mortgage serviced by Mortgage Com­ cant’s subsidiary banks are located in the mined by the Board to be closely related pany. Thus, approximately 60 percent El Paso market, approximately 600 miles to the business o f banking (12 CFR 225.4 of Agency’s gross insurance premiums west of Austin. No competition exists be­ ( a ) ( 9 ) ). and gross^ commission income appears to tween Bank and any of the Applicant’s Notice of the application, affording op­ be directly related to an extension of subsidiary banks and, in view o f the dis­ portunity for interested persons to sub­ credit by Mortgage Company or directly tance separating these banks and Texas mit comments and views, has been duly related to the provision of other financial law prohibiting branching, it appears un­ published (38 FR 3013)* The time for services by Mortgage Company. While likely that significant competition would filing comments and views has expired, some of the remaining insurance sales develop in the foreseeable future. More­ and the Board has considered • all com­ of Agency are made to employees of over, acquisition of Bank by Applicant ments received in light of the public in­ Mortgage Company and customers or should have a procompetitive effect on terest factors set forth in section 4(c) (8) fo'rmer customers of Mortgage Company, the Austin banking market in which the of the Act.2 the bulk of the remaining insurance four largest banks each hold more than Applicant, the fourth largest banking premiums appear to be the result of the $180 million of deposits and, in the ag­ organization in Arizona, controls - one acquisition of several smaller insurance gregate, control approximately 85 per bank with aggregate deposits of $207 agencies by Agency. cent of the deposits of the 14 commercial million representing 4 percent of the Based on its past operations, Agency’s banks in that market. Applicant’s entry total deposits of commercial banks in activities would not appear to be per­ into the Austin market through acquisi­ Arizona. (All banking data are as of De­ missible activities for a bank holding tion of Bank may result in Bank im­ cember 31, 1972.) Applicant has non­ company subsidiary under § 225.4(a) (9) proving its competitive position vis a vis banking subsidiaries which are engaged of regulation Y in that a substantial por­ these largest banks in that market and principally in consumer finance activ­ tion of Agency’s business is not directly thereby reduce the high concentration of ities, leasing of personal property and related to an extension of credit or the banking resources in the Austin market. equipment, and operating a savings and provision of other financial services by Financial and managerial resources of loan association. Applicant has recently the mortgage company with which Applicant, its subsidiary banks, and Bank received Board approval to acquire West­ Agency was affiliated. However, Appli­ are satisfactory and future prospects ap­ ern American Mortgage Company, Phoe­ cant states that Agency no longer ac­ pear favorable. Prospects for economic nix, Arizona (“Mortgage Company”). tively solicits general insurance business growth in Applicant’s home market ap­ Applicant proposed to acquire Agency, and will reduce the scope of such Agency pear good, as do the prospects in the which has been operated by Mortgage activities in the future if the applica­ Austin area. Although the record fails to Company’s former controlling share­ tion is approved. In order to assure that indicate that the banking needs o f resi­ holder in conjunction with Mortgage Agency is not operated as a general in­ dents of the Austin area are going un­ Company’s activities. Agency had gross surance agency, approval of the proposed served, affiliation of Bank with Appli­ insurance premiums of $640 thousand acquisition is conditioned upon reduc­ cant could provide Bank’s customers with and gross commission income of $170 tion of that portion of the Agency’s pre­ some services not now being offered by thousand for the year ending March 31, mium income which is not directly Bank and therefore convenience and 1972. Approximately $400 thousand of the related to an extension of credit by Mort­ needs considerations appear consistent insurance premiums resulted from the gage Company or directly related to the with approval. It is the Board’s judg­ sale of declining coverage term life in­ provision of other financial services by ment that the proposed transaction is in surance policies where the coverage was Mortgage Company to less than 5 per the public interest and that the applica­ equal to the outstanding balance of a cent of the premium income of Agency tion should be approved. mortgage held or serviced by Mortgage attributable to directly related coverage3 On the basis of the record, the applica­ within two years from the effective date tion is approved for the reasons sum­ Company, and the sale of homeowners of this Order. marized above. The transaction shall not insurance policies and fire and casualty Although Applicant engages in certain be consummated (a) before August 23, policies where the primary coverage of insurance agency activities through a 1973 this Order or (b) later than three number of its existing subsidiaries, ap­ months after the effective date of this 1The published notice of this application proval of the proposed acquisition would Order, unless such period is extended for included notice of a related application to not eliminate any significant existing good cause by the Board, or by the Fed­ acquire Western American Mortgage Com­ competition between Applicant’s sub- eral Reserve Bank of Dallas pursuant to pany, Phoenix, Arizona. When the National sidaries and Agency because of the lim­ delegated authority. Association of Insurance Agents, Inc. and ited nature of the respective insurance By order of the Board of Governors,3 related parties objected to the proposed ac­ activities. For example, Applicant’s sub­ quisition of Agency and requested a hearing sidiaries sell only a nominal amount of effective July 24, 1973. thereon, Applicant requested separate con­ sideration by the Board of the two applica­ insurance for the protection of real prop­ [seal] C hester B. F eldberg, erty. Nor does it appear that affiliation Secretary of the Board. tions. Subsequently, the Board approved the acquisition of the mortgage company effec­ of Agency with Applicant would ad­ [FR Doc.73-16375 Filed 8-7-73; 8:45 anr] tive June 29,1973. versely effect the numerous existing com­ a The National Association of Insurance petitors in the Tucson and Phoenix areas PATAGONIA CORP. Agents and related parties filed a petition on where Mortgage Company and Agency February 22, 1973, objecting to approval of are engaged in business. Order Approving Acquisition of Western this application and requesting a hearing be American Insurance Agency held upon the application. On March 6, 1973, It is anticipated that the provision of insurance by Agency will provide a con­ Patagonia Corporation, Tucson, Ari­ the Board directed that a hearing be, held on this application, among others. The Admin­ venient alternative source of insurance zona, a bank holding company within the istrative Law Judge designated to conduct meaning of the Bank Holding Company the proceeding upon the application sched­ agency services for customers of Mort­ Act, has applied for the Board’s approval, uled a hearing. Subsequently, the objectors gage Company. There is no evidence in wider section 4 (c )(8 ) o f the Act (12 to the application and the Applicant reached the record indicating that consummation U.S.C. 1843(c)(8)) and § 225.4(b) (2) of agreement among themselves whereby the of the proposed transaction would result the Board’s regulation Y (12 CFR 225.4 objections to the application were withdrawn and whereby Applicant agreed to be bound in any undue concentration of resources, (b) (2)), to acquire Western American by the final outcome of other specified appli­ unfair competition, conflicts of interests, cations to engage in insurance agency activ­ 3 Voting for this action: Chairman Burnsities. On June 22, 1973, the Administrative and Governors Mitchell, Daane, Sheehan, and Law Judge dismissed the application from 8 This condition does not apply to premium Bucher. Absent and not voting: Governors the docket and referred the application back income which is permissible under § 225.4(a) Brimmer and Holland. to the Board. <9)(i).

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152------10 21454 NOTICES unsound banking practices or other ad­ ments and views has expired, and none inated but 1 percent o f all mortgages verse effects. has been timely received. placed on on e-to-fou r fam ily residence Based upon the foregoing and other Applicant controls three banks with in Davidson County in 1972. Thus, con­ considerations reflected in the record, aggregate deposits o f $664 million, rep­ summation of the proposed acquisition the Board has determined that the bal­ resenting 6.4 per cent o f the total deposits would not eliminate any significant com­ ance of the public interest factors the in commercial banks in Tennessee. Ap­ petition between Commerce Bank and Board is required to consider under sec­ plicant’s lead bank, Commerce Union Company in either o f these product lines. tion 4(c) (8) is favorable. Accordingly, Bank, Nashville, Tennessee (“Commerce Company is also engaged in the origina­ the application is hereby approved con­ Bank” ), with deposits of $608 million is tion of mortgages on income-producing ditioned upon the reduction of Agency’s the third largest bank in the Nashville properties. However, only 48 percent of premium income which is not directly banking market.1 Commerce Bank is en­ its loans in fiscal 1972 on income-produc­ related to an extension of credit by Mort­ gaged in the origination and servicing ing properties were made on property gage Company or directly related to the of permanent loans on one-to-four fam­ situated in Davidson County. Similarly, provision of other financial services by ily residences and loans on income pro­ only 49 percent of those loans originated Mortgage Company to less than 5 per ducing properties. It also makes con­ by Commerce Bank in 1972 were on cent of the premium income of Agency struction loans. In its most recent fiscal properties in Davidson County. It appears attributable to the directly related cov­ year* Commerce Bank originated 1.6 per that lenders located in the County do not erage within two years from the effective cent of all mortgages placed on one-to- confine their mortgage originations on date of this Order. four family residences in Davidson income-producing property to the The transaction shall not be consum­ County and 2.9 per cent of all mortgages County itself but that they compete with mated later than three months after the on income-producing properties in that many potential suppliers located outside effective date of this Order, 'unless such area. The dollar volume of its construc­ the County. In view of the regional scope period is extended for good cause by the tion loans totalled $17.3 m illion in the of the market for loans on income- Board,, or by the Federal Reserve Bank same period. Applicant does not pres­ producing property and the large number of San Francisco. This determination is ently own directly or indirectly any non­ of existing competitions for such loans, also subject to the conditions set forth banking subsidiaries. the Board concludes that consummation in § 225.4(c) of regulation Y (12 CFR Company’s main office is in Nashville, o f the proposal would not substantially 225.4(c)) and to the Board’s authority to Tennessee. It also owns Kimbrough- lessen competition in loans originated on require such modification or termination Kavanaugh and Associates, Inc., of incom e-producing property in Davidson of the activities of a holding company Kentucky, Louisville, Kentucky. Appli­ County nor adversely affect competition or any of its subsidiaries as the Board cant proposes that the Nashville office within the regional market for such finds necessary to assure compliance would continue to engage in construction loans. with the provisions and purposes of the lending; mortgage originating and serv­ Based on the foregoing and other con­ Act and the Board’s regulations and or­ icing (residential, commercial and multi­ siderations in the record, the Board has ders issued thereunder, or to prevent family) ; in the sale of insurance related determined that the balance of the pub­ evasion thereof. to mortgage lending activities; and would lic interest factors the Board is required By order of the Board of Governors,4 also appraise real estate for Applicant to consider under section 4(c)(8) is effective July 30,1973. and its subsidiaries. The operations of the favorable, and the application is hereby Louisville, Kentucky, "office would con­ approved subject to the following con­ [ seal] C hester B. F eldberg, tinue to be primarily involved in origi­ ditions: (1) divestiture prior to consum­ Secretary of the Board. nating and' servicing loans on income mation of the acquisition of Company’s [FR Doc.73-16373 Filed 8-7-73;8:45 am] properties, both commercial and multi­ (including its subsidiaries) equity in­ family residential. Applicant also pro­ terests in all real estate not utilized in its TENNESSEE VALLEY BANCORP, INC. poses that Company retain shares in mortgage banking activities, and discon­ Kenneth Smith & Associates, Nashville, tinuance of property management serv­ Order Approving Acquisition of Kimbrough* Tennessee, which performs data process­ ices in connection with such interests; Kavanaugh and Associates, Inc. ing services for Company and its sub­ and (2) discontinuance of insurance Tennessee Valley Bancorp, Inc., Nash­ sidiary offices. Applicant further states activities by Company which are deter­ ville, Tennessee, a bank holding com­ that Company’s (including its subsidi­ mined by the Tennessee Commissioner pany within the meaning of the Bank aries) equity interests in real estate of Insurance to be impermissible under Holding Company Act, has applied for which are not utilized as offices in its State law. The acquisition shall not be the Board’s approval under section 4(c) mortgage banking activities and prop­ consummated later than three months (8) of the Act and § 225.4(b) (2) of the erty management services related thereto after the effective date of this Order, Board’s regulation Y, to acquire 90 per will be liquidated or discontinued, re­ unless such period is extended by the cent or more of the voting shares of Kim- spectively, prior to consummation of the Board, or by the Federal Reserve Bank brough-Kavanaugh and Associates, Inc., acquisition, provided the Board approves o f Atlanta pursuant to delegated author­ Nashville, Tennessee (“Company”), a the application. Applicant also proposes ity. This determination is subject to the company that engages in the activities that Company will continue the sale of conditions set forth in § 225.4(c) of reg­ of mortgage banking, including mortgage property insurance and mortgage insur­ ulation Y and to the Board’s authority to origination and servicing, sale of insur­ ance for mortgage loans that it arranges require such modification or termina­ ance directly related to such mortgages or service upon request of customers. The tion of the activities of a holding com­ subject to prescribed limitations imposed Company will not act as an agent for pany or any of its subsidiaries as the by Tennessee law; appraisals of real es­ either type of insurance but will place Board finds necessary to assure compli­ tate for Company and its subsidiaries, such insurance with unaffiliated agencies ance with the provisions and purposes of and construction lending. Such activities on a commission basis. Applicant assures the Act and the Board’s regulations and have been determined by the Board to the Board that all such insurance activi­ orders issued thereunder, or to prevent be closely related to the business of bank­ ties will be conducted in accordance with evasion thereof. a determination by the Tennessee Com­ ing (12 CFR 225.4(a)(1), (3) and (9)). By order of the Board of Governors,* missioner of Insurance regarding their Notice of the application, affording op­ effective July 30,1973. portunity for interested persons to sub­ permissibility under a recently enacted mit comments and views on the public amendment to Section 56—721 o f the [ seal] C hester B. F eldberg, interest factors, has been duly published Tennessee Code Annotated. Secretary of the Board. (38 FR 16112). The time for filing com- Company is one of 16 mortgage com­ [FR Doc.73-16374 Filed 8-7-73;8:45 am] panies with offices in Davidson County. It makes no construction loans and orig- * Voting for this action: Chairman Burns «Voting for this action: Chairman Burns and Governors Mitchell, Sheehan, Bucher and and Governors Mitchell, Sheehan, Bucher Holland. Absent and not voting: Governors 1 All banking data are as of December 31, and Holland. Absent and not voting: Gov­ Daane and Brimmer. 1972, unless otherwise noted. ernors Daane and Brimmer.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21455

INTERIM COMPLIANCE PANEL Section ID No. 015 (No. 2 West off No. 5 carrying out of the purposes of the Na­ South), tional Oceanic and Atmospheric Admin­ (COAL MINE HEALTH AND SAFETY) Section ID No. 017 (No. 3 West off No. 5 istration. South), The agenda for this meeting includes WESTMORELAND COAL Cft AND Section ID No. 018 (Main East), YOUGHIOGHENY AND OHIO COAL CO. Section ID No. 020 (No. 1 East off No. 5 a general discussion of Federal reorgani­ Applications for Renewal Permits; South), zation in marine and atmospheric affairs, Opportunity for Public Hearing Section ID No. 022 (Right Side Main a presentation of ERL’s programs in at­ East), mospheric science and a presentation of Applications for Renewal Permits for Section ID No. 023 (No. 1 South off No. 1 selected activities at NCAR. Noncompliance with the Interim Manda­ East), The public will be admitted on a first tory Dust Standard C2.0 mg/m3) have Section ID No. 024 (No. 4 West off No. 5 come, first served basis. Questions from been received as follows: South). the public will be permitted during spe­ In accordance with the provisions of cific periods announced by the Chairman. (1) ICP Docket No. 20264, WESTMORELAND Persons wishing to make formal state­ COAL COMPANY, section 202(b) (4) (30 U.S.C. 842(b)(4)) Wentz No. 1 Mine, USBM ID No. 44 of the Federal Coal Mine Health and ments must notify the Chairman in ad­ 00302 0, Safety Act of 1969 (83 Stat. 742, et seq., vance of the meeting. The Chairman re­ Stonega, Virginia, Public Law 91-173), notice is hereby tains the prerogative to place limits on Section ID No. 007 (No. 13 Right off 3 given that requests for public, hearing the duration of oral statements and dis­ East), as to an application for renewal cussion. Written statements may be sub­ Section ID No. 010 (No. 4 Main North may be filed on or before August 23,1973. mitted before or after each session. Readings), Requests for public hearing must be filed Additional information concerning Section ID No. 012 (No. 2 Main East Headings), in accordance with 30 CFR'Part 505 (35 this meeting may be obtained through Section ID No. 014 (No. 4 Main West FR 11296, July 15, 1970), as amended, the Committee’s Executive Director. Dr. Headings), copies of which may be obtained from Douglas L. Brooks, whose mailing address Section ID No. 015 (No. 4 East), the Panel on request. is: National Advisory Committee on Section ID No. 016 (No. 1 Right off 4 A copy of the application is available Oceans and Atmosphere, Department of North), for inspection and requests for public Commerce Building, Room 5225, Wash­ Section ID No. 017 (5 North “B” Portal). hearing may be filed in the office of the ington, D.C. 20230. Telephone: 967-3343. (2) ICP Docket No. 20268, WESTMORELAND Correspondence Control Officer, Interim COAL COMPANY, D r. D ouglas L. B rooks, Compliance Panel, Room 800, 1730 K Executive Director. Bullitt No. 1 Mine, USBM ID No. 44 Street, NW., W ashington, D.C. 20006. 00304 0 [FR Doc.73-16407 Filed 8-7-73;8:45 am] Appalachia, Virginia, G eorge A. H ornbeck, Section ID No. 001 (Main South Head­ Chairman, ings), Interim Compliance Panel. NATIONAL AERpNAUTICS AND Section ID No. 002 (1 North), SPACE ADMINISTRATION Section ID No. 003 (No. 7 Left off Main A ugust 3,1973. South), [Notice 73-58] Section ID No. 005 (Main West Head­ [FR Doc.73-16350 Filed 8-7-73;8:45 am] ings), ‘ MENTORIS CO. Section ID No. 006 (No. 9 Left off Main NATIONAL ADVISORY COMMITTEE Notice of Intent To Grant Exclusive Patent South Headings), Section ID No. 008 (No. 1 Right off No. ON OCEANS AND ATMOSPHERE License 1 North), Notice of Meeting Notice is hereby given of intent to Section ID No. 009 (No. 1 North—1 Left). grant to The Mentoris Company, Sacra­ (3) ICP Docket No. 20585, THE YOUGHIO­ A ugust 3, 1973. mento, California, a limited, exclusive, GHENY AND OHIO COAL COMPANY, The National Advisory Committee on revocable license to practice the inven­ Allison Mine, USBM ID No. 33 01070 0 tion described in U.S. Patent No. 3,740,- Beallsville, Ohio, Oceans and Atmosphere (NACOA) will Section ID No. 002 (North Returns) , hold a two day meeting on August 20th 725 for “ Automated Attendance Account­ Section ID No. 004 (Main East), and 21st at Boulder, Colorado. The meet­ ing System,” issued on June 19, 1973 to Section ID No. 012 (4 East), ing will be open to the public. The Mon­ the Administrator of the National Aero­ Section ID No. 014 (5 East), day (Aug. 20) session will convene at nautics and Space Administration on be­ Section ID No. 015 (2 North), 9:00 a.m. in room 620 o f the NOAA En­ half of the United States of America. Section ID No. 016 (3 North off 4 West), vironmental Research Laboratories’ fa­ The proposed exclusive license will be for Section ID No. 017 (3 North off Main cility, Research Building 3, in the com­ a limited number of years, will provide East Left Side), Section ID No. 018 (3 North off Main plex at the comer of Arapahoe and 30th for payment o f royalties -to the U.S. Gov­ East Right Side), Street in Boulder; the Tuesday (Aug. 21) ernment and will contain, other appro­ Section ID No. 019 (3 West off 2 North). session will convene at 9:00 a.m. in the priate terms and conditions to be nego­ (4) ICP Docket No. 20586, THE YOUGHIO­ Main Seminar Room of the National tiated in accordance with the NASA GHENY AND OHIO COAL COMPANY, Center for Atmospheric Research Patent Licensing Regulations, 14 CFR Nelms No. 1 Mine, USBM ID No. 33 (NCAR), located at the end of Table § 1245.2, as revised April 1, 1972. NASA 00967 0, Mesa Drive. will grant the exclusive license unless, Cadiz, Ohio, The Committee, consisting of 25 non- on or before September 7, 1973, the Section ID No. 018 (No. 18 East off No. 6 North), Federal members appointed by the Presi­ Chairman, Inventions and Contribu­ Section ID No. 020 (No. 5 South off No. dent from State and local governments, tions Board, NASA, Washington, DC 15 West), industry science, and other appropriate 20546, receives in writing any of the fol­ Section ID No. 021 (No. 7 North off No. areas, was established by Congress by lowing, together with supporting docu­ 15 East), Public Law 92-125, on August 16, 1971. mentation: (i) A statement from any Section ID No. 022 (No. 16 West off No. Its duties are to: (1) Undertake a con­ person setting forth reasons why it would 6 North), tinuing review of the progress of the not be in the best interest of the United Section ID No. 024 (No. 11 East off No. 7 marine and atmospheric science and States to gyant the proposed exclusive South), license; or (ii) an application for a non­ Section ID No. 025 (No. 7 North Pillars service programs of the United States, (2) submit a comprehensive annual re­ exclusive license under such invention, in off Main East). port to the President and to the Congress accordance with § 1245206(b), in which (5) ICP Docket No. 20587, THE YOUGHIO­ applicant states that he has already GHENY AND OHIO COAL COMPANY, setting forth an overall assessment of the Nelms No. 2 Mine, USBM ID No; 33 status of the Nation’s marine and at­ brought or is likely to bring the inven­ 00968 0, mospheric activities on or before June 30 tion to practical application within a rea­ Hopedale, Ohio, of each year, and (3) advise the Secre­ sonable period. The Board will review all Section ID No. 013 (No. 4 South Pillars), tary of Commerce with respect to the written responses to the Notice and then

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21456 NOTICES recommend to the Administrator suspension of trading in the common suspended, this order to be effective for whether to grant the exclusive license. stock, $.04 par value, and all other secur­ the period from August 2, 1973, through ities of Avtek Corp. being traded other­ August 11,1973. Dated: August 2,1973. wise than on a national securities ex­ By the Commission. R. T enney Johnson, change is required in the public interest General Counsel. and for the protection of investors; [ seal] R onald F. Hunt, [FR Doc.73-16348 Piled 8-7-73;8:45 am] It is ordered, Pursuant to section: / Secretary. 15(c) (5) of the Securities Exchange Act [PR Doc.73-16369 Filed 8-7-73;8:45 am] o f 1934, that trading in such securities SECURITIES AND EXCHANGE otherwise than on a national securities COMMISSION exchange be summarily suspended, this [File No. 500-1] [Pile No. 500-1] order to be effective for the period from BENEFICIAL LABORATORIES, INC. 10:45 a.m., e.d.t., August 2,1973, through ACCURATE CALCULATOR CORP.„ midnight (e.d.t.) August 11, 1973. Order Suspending Trading Order Suspending Trading By the Commission. A ugust 2, 1973. A ugust 2,1972. It appearing to the Securities and Ex­ [seal] R onald F. Hunt, change Commission that the summary It appearing to the Securities and Ex­ Secretary. change Commission that the summary suspension o f trading in the common suspension of trading in the commpn [FR Doc.73-16367 Piled 8-7-73;8:45 am] stock, warrants, units and all other se­ stock, $.01 par value, and all other se­ curities of Beneficial Laboratories, Inc. curities of Accurate Calculator Corpora­ [File No. 500-1] being traded otherwise than on a na­ tion, being traded otherwise than on a tional securities exchange is required in national securities exchange is required AZTEC PRODUCTS, INC. the public interest and for the protec­ in the public interest and for the protec­ Order Suspending Trading tion of investors* tion of investors; It is ordered, Pursuant to section 15 It is ordered, Pursuant to section 15(c) A ugust 2, 1973. (c) (5) of the Securities Exchange Act of (5) of the Securities Exchange Act of It appearing to the Securities and Ex­ 1934, that trading in such securities 1934, that trading in such securities change Commission that the summary otherwise than on a national securities otherwise than on a national securities suspension of trading in the common exchange be summarily suspended, this be summarily suspended, this order to stock, $.05 par value, and all other secu­ order to be effective for the period from be effective for the period from August 3, rities of Aztec Products, Inc. being traded August 2, 1973, through August 11, 1973. 1973, through August 6, 1973. otherwise than on a national securities By the Commission. exchange is required in the public in­ By the Commission. terest and for the protection of inves­ [seal] R onald F. Hunt, [ seal] R onald F. Hunt, tors; Secretary. Secretary. It is ordered, Pursuant to section 15(c) [PR Doc.73-16359 Piled 8-7-73;8:45 am] [PR Doc.73-16366 Piled 8-7-73; 8:45 am] (5) of the Securities Exchange Act of 1934, that trading in such securities otherwise than on a national securities [Pile No. 500-1] [Pile No. 500-1] exchange be summarily suspended, this CODITRON CORP. AMERICA'S BEAUTIFUL CITIES order to be effective for the period from August 2, 1973, through August 11, 1973. Order Suspending Trading Order Suspending Trading By the Commission. A ugust 2,1973. A ugust 1, 1973. It appearing to the Securities and Ex­ It appearing to the Securities and Ex­ [seal] R onald F. Hunt, Secretary. change Commission that the summary change Commission that the summary suspension o f trading in the common suspension of trading in the common [PR Doc.73-16358 Filed 8-7-73;8:45 am] stock, $.01 par value, and all other se­ stock, $1. par value, and all other securi­ curities of Coditron Corporation being ties of America’s Beautiful Cities being traded otherwise than on a national se­ traded otherwise than on a national se­ [Pile No. 500-1] curities exchange is required in the pub­ curities exchange is required in the BBI, INC. lic interest and for the protection of in­ public interest and for the protection of Order Suspending Trading vestors; investors; It is ordered, Pursuant to section 15 It is ordered, Pursuant to section A ugust 1, 1973. (c) (5) of the Securities Exchange Act of 15(c) (5) of the Securities Exchange Act The common stock, $0.10 par value, o f 1934, that trading in such securities of 1934, that trading in such securities BBI, Inc. being traded on the American otherwise than on a national securities otherwise than on a national securities Stock Exchange and the PBW Stock Ex­ exchange be summarily suspended, this exchange be summarily suspended, this change, pursuant to provisions of the Se­ order to be effective for the period from order to be effective for the period from curities 'Exchange Act o f 1934 and all 10:45 a.m„ e.d.t., August 2,1973, through 11 a.m., e.d.t., on August 1,1973, and con­ other securities of BBI, Inc. being traded midnight (e.d.t.) August 11, 1973. tinuing through August 10,1973^ otherwise than on a national securities By the Commission. By the Commission. exchange; and It appearing t& the Securities and Ex­ [seal] R onald F. Hunt, [ seal] R onald F. Hunt, change Commission that the summary Secretary. Secretary. suspension of trading in such securities [FR Doc.73-16368 Filed 8-7-73;8:45 am] [PR Doc.73-16354 Piled 8-7-73;8:45 am] on such exchanges and otherwise than on a national securities exchange is required in the public interest and for the protec­ [FUe No. 500-1] [Pile No. 500-1] tion of investors; FEDERAL HYDRONICS, INC. AVTEK CORP. It is ordered, pursuant to sections 19 Order Suspending Trading Order Suspending Trading (a) (4) and 15(c) (5) of the Securities Ex­ change Act o f 1934, that trading in such A ugust 1, 1973. A ugust 2, 1973. securities on the above mentioned ex­ It appearing to the Securities and Ex­ It appearing to the Securities and Ex-» changes and otherwise than on a na­ change Commission that the summary change Commission that the summary tional securities exchange be summarily suspension o f trading in the common

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21457 stock, $.10 par value, and all other secu­ Jersey Central’s treasury for expendi­ pany, Limited (“Puna”) , and The Lihue rities of Federal Hydronics, Inc. being tures therefrom for construction pur­ Plantation Company, Limited (“Lihue” ), traded otherwise than on a national poses. Premium relating from the sale of 700 Bishop Street, Honolulu, Hawaii securities exchange is required in the the First Mortgage Bonds will be used 96813, have filed an application with this public interest and for the protection for financing the business of Jersey Cen­ Commission pursuant to the Public ofinvestors: tral, including the payment of expenses Utility Holding Company Act of 1935 It is ordered, pursuant to section 15(c) in effecting the sale of the bonds. The (“Act”), designating section 2(a) (3) (A) (5 ) o f the Securities Exchange Act of estimated cost of Jersey Central’s 1973 of the Act as applicable. All interested 1934, that trading in such securities oth­ construction program is approximately persons are referred to the application, erwise than on a national securities ex­ $205,000,000. which is summarized below, for a com­ change be summarily suspended, this The fees and expenses to be paid by plete statement. order to be effective for the period from Jersey Central in connection with the is­ The five companies are wholly-owned 11 a.m., e.d.t., on August 1, 1973, and sue and sale of bonds are estimated to subsidiaries of Amfac, Inc., a Hawaii continuing through August 10, 1973. total $140,000, including legal fees o f Corporation, and are primarily engaged By the Commission. $28,000. The fees and expenses of counsel in the business of planting, cultivating, for the underwriters, to be paid by the growing and harvesting sugar cane and [seal] , R onald F. H unt, successful bidders, will be supplied by processing the same to produce raw sugar Secretary. amendment. It is stated that the Board and molasses. As a necessary incident to [FR Doc.73-16356 Filed 8-7-73;8:45 am] of Public Utility Commissioners of New their factory operations, each company Jersey has jurisdiction over the proposed owns facilities which it operates to gen­ issue and sale of bonds by Jersey Central erate electric energy. The companies [70-5375] and that no other state commission and have come to sell their surplus energy to JERSEY CENTRAL POWER & LIGHT CO. no federal commission, other than this local public utilities. Commission, has jurisdiction over the None of the electric energy is sold at Notice of Proposed Issue and Sale of First proposed transaction. retail nor is any sold interstate. None Mortgage Bonds at Competitive Bidding Notice is further given that any inter­ of the companies has any plan for ad­ N otice is hereby given that Jersey Cen­ ested person may, not later than August ditional electric generating capacity. tral Power & Light Company (“Jersey 29, 1973, request in writing that a hear­ The number of kilowatt hours of elec­ Central” ), Madison Avenue at Punch ing be held on such matter, stating the tric energy sold and revenue from water Bowl R o a d , Morristown, New Jersey nature of his interest, the reasons for and electric power sales as a percentage 07960, a n electric utility subsidiary com­ such request, and the issues of fact or of total revenue of each company for the pany o f General Public Utilities Corpora­ law raised by said application which he year ended December 31, 1971 are as tion, a registered holding company, has desires to controvert; or he may request follow s: filed an application with this Commis­ that he be notified if the Commission sion p u rsu a n t to the Public Utility Hold­ should order a hearing thereon. Any such Company KWH Sold Water and Electric ing Company Act o f 1935 (“ A ct” ), desig­ request should be addressed: Secretary, Power Sales nating section 6 (b) of the Act and Rule Securities and Exchange Commission, 50 p rom u lgated thereunder as applicable W ashington D.C. 20549. A copy o f such Kekaha...... 10,799,000 $120,000 1.2% to the proposed transaction. All inter­ request should be served personally or by Oahu...... 927,000 40,000 0.2 Pioneer...... 2,129,000 198,000 1.9 ested p erson s are referred to the applica­ mail (air mail if the person being served Puna— ___ — — 50,170,000 359,000 4.6 tion, w h ich is summarized below, for a is located more than 500 miles from the L ih u e ...... - 16,722,000 213,000 1.4 complete statement of the proposed point of mailing) upon the applicant at transaction. the above-stated address, and proof of In the absence of an exemption, Jersey City proposes to issue and sell, service (by affidavit or, in case of an at­ Kekaha, Oahu, Pioneer, Puna, and Lihue subject to. the competitive bidding re­ torney at law, by certificate) should be would become “electric utility com­ quirements of Rule 50 under the Act, filed with the request. At any time after panies” within the definition contained $50,000,000 principal amount of First said date, the application, as filed or as it in section 2(a) (3) of the Act. This would Mortgage Bonds, percent Series due may be amended, may be permitted to make a “holding company” of Amfac 2003. T h e interest rate (which will be a become effective as provided in Rule 23 which controls these companies. It is as­ multiple of Ya of 1 percent) and the price of the General Rules and Regulations serted that the companies are and will (which will be not less than 100 percent promulgated under the Act, or the Com­ continue to be primarily engaged in the nor m ore than 102.75 percent o f the mission may grant exemption from such sugar business and will sell only a small principal amount thereof plus accrued rules as provided in Rules 20(a) and 100 amount of excess electrical energy. Ac­ interest from October 1,1973 to the date thereof or take such other action as it cordingly, the companies believe that it of delivery) will be determined by com­ may deem appropriate. Persons who re­ is not necessary in the public interest, or petitive bidding. The bonds will be issued quest a hearing or advice as to whether for the protection of investors or con­ under Indenture, dated as of March 1, a hearing is ordered will receive notice of sumers that it be considered an electric 1946, o f Jersey Central to First National further developments in this matter, in­ jitility company for the purpose of the City Bank, successor to First National cluding the date of the hearing (if or­ Act. City T ru st Company (formerly City Bank dered) and any postponements thereof. Notice is further given that any inter­ Fanners Trust Company), Trustee, as For the Commission, by the Division ested person may, not later than Au­ heretofore supplemented and amended of Corporate Regulation, pursuant to gust 28, 1973, request in writing that a by a Supplemental Indenture to be dated delegated authority. hearing be held on such matter, stating as of October 1,1973, and which includes, [seal] R onald F. H unt, the nature of his interest, the reasons for with certain exceptions, a prohibition Secretary. such request, and the issues of fact or jmtil October 1, 1978 against refunding [FR Doc.73-16362 Filed 8-7-73;8:45 am] law raised by said application which he the issue with proceeds of funds bor- desires to controvert; or he may request r°wed at a lower effective interest cost. that he be notified if the Commission The entire proceeds, excluding pre- [31-738] should order a hearing thereon. Any tmum and accrued interest, realized from KEKAHA SUGAR COMPANY, LTD. ET AL. such request should be addressed; Secre­ •fi ia*e °* new bonds ($50,000,000) tary, Securities and Exchange Commis­ will be applied to the payment of all or Notice of Application for Exemption sion, Washington, D.C. 20549. A copy of a portion of Jersey Central's short-term such request should be served personally °* which approximately $46,- Notice is hereby given that Kekaha .h v *s outstanding. The proceeds of Sugar Company, Limited (“Kekaha”), or by mail (air mail if the person being nne bank loans which are thus to be Oahu Sugar Company, Limited served is located more than 500 miles rmf * ^ave been or will be used for (“Oahu”), Pioneer Mill Company, from the point of mailing) upon the ap­ instruction purposes or to reimburse Limited (“Pioneer”), Puna Sugar Com­ plicant at the above-stated address, and

FEDERAL REGISTER, VOL. 3 «, NO. 152— WEDNESDAY, AUGUST 8, 1973 21458 NOTICES

proof of service (by affidavit or, in case Prior to the issuance and sale by Mis­ Corporate Regulation, pursuant to dele­ of an attomey-at-law, by certificate) sissippi of the Bonds, Mississippi pro­ gated authority. should be filed with the request. At any poses to issue and sell to Middle South, time after said date, the application, and Middle South proposes to acquire [ seal] R onald F. H unt, as filed or as it may be amended, may be from Mississippi, 435,000 presently au­ Secretary. granted as provided in Rule 23 of the thorized but unissued shares of Missis­ [PR Doc.73-16352 Filed 8-7-73;8:45 am] general rules and regulations promul­ sippi’s common stock without par value gated under the Act, or the Commission (“Common Stock”) at its present stated may grant exemption from such rules value of $23 per share, aggregating [70-5376] as provided in Rules 20(a) and 100 $10,005,000. Middle South proposes to ob­ OHIO EDISON CO. thereof or take such other action as it tain the funds to effectuate the acquisi­ Proposed Issue and Sale of Bonds may deem appropriate. Persons who re­ tion of the Common Stock through bor­ quest a hearing or advice as to whether rowings from commercial banks.1 A ugust 2,1973. a hearing is ordered will receive notice Mississippi proposes to utilize the net Notice is hereby given, that Ohio Edi­ of further developments in this matter, proceeds from the issuance and sale of son Company (“Ohio Edison”) , 47 North including the date of the hearing (if the Bonds and Common Stock to retire Main St., Akron, OH 44308, a registered ordered) and any postponements thereof. short-term debt outstanding, to finance holding company and a public-utility For the Commission, by the Division of its construction program (estimated at company, has filed a declaration w ith this Corporate Regulation, pursuant to dele­ $99,346,000 for 1973) and for other cor­ Commission pursuant to the Public Util­ gated authority. porate purposes. ity Holding Company Act of 1935 Fees and expenses incident to the pro­ (“Act”), designating sections 6(a) and 7 [ seal] R onald F. H u n t, posed transactions are estimated at $80,- of the Act and Rule 50 promulgated Secretary. 000, including counsel fees o f $24,800 and thereunder as applicable to the proposed [PR Doc.73-16291 Filed 8-7-73;8:45 am] accountants’ fees of $7,500. The fees of transactions. All interested persons are counsel for the successful bidders are referred to the declaration, which is sum­ estimated at $10,000, to be paid by the marized below, for a complete statem ent [70-5371] successful bidders. of the proposed transactions. MIDDLE SOUTH UTILITIES, INC., AND The filing states that no State com­ Ohio Edison proposes to issue an d sell, MISSISSIPPI POWER AND LIGHT CO. mission and no Federal commission, subject to the competitive bidding re­ other than this Commission, has jurisdic­ quirements of Rule 50 under th e Act, Proposed Issue and Sale of First Mortgage Bonds tion over the proposed transactions. $75,000,000 principal amount of First Notice is further given that any inter­ Mortgage Bonds — percent Series of A ugust 2, 1973. ested person may, not later than Au­ 1973 due 2003. The interest rate o f the Notice is . hereby given that gust 24, 1973, request in writing that a bonds (which will be a multiple o f Vs of Middle South Utilities, Inc. (“Middle hearing be held on such matter, stating 1 percent and the price, exclusive o f ac­ South” ) , 280 Park Avenue, New York, the nature of his interest, the reasons for crued interest, to be paid to Ohio Edi­ N.Y. 10017, a registered holding company, such request, and the issues of fact or law son (which will be not less than 100 per­ and Mississippi Power & Light Company raised by said application-declaration cent nor more than 102% percent o f the (“Mississippi”), P.O. Box 1640, Jackson, which he desires to controvert; or he principal amount thereof) will be deter­ M3 39205, its electric utility subsidiary, may request that he be notified if the mined by competitive bidding. The bonds have filed an application-declaration Commission should order a hearing will be issued under Ohio Edison’s In­ with this Commission, pursuant to the thereon. Any such request should be ad­ denture dated as of August 1, 1930, to Public Utility Holding Company Act of dressed: Secretary, Securities and Ex­ Bankers. Trust Company, Trustee, as 1935 (“Act”), designating Sections 6(a), change Commission, Washington, D.C. heretofore amended and supplemented 7 ,9 (a ), 10 and 12(f) of the Act and Rules 20549. A copy o f such request should be and as to be further amended an d sup­ 43 and 50 promulgated thereunder as served personally or by mail (air mail if plemented by a Twenty-second Supple­ applicable to the proposed transactions. the person being served is located more mental Indenture to be dated a s o f the All interested persons are referred to the than 500 miles from the point o f m ailing) first day of the calendar month in which application-declaration, which is sum­ upon the applicant-declarant at the the bonds are issued, and which includes, marized below, for a complete Statement above-stated address, and proof of serv­ with certain exceptions, a prohibition of the proposed transactions. ice (by affidavit or, in case of an attor- until 5 years after the issuance o f the Mississippi proposes to issue and sell, ney-at-law, by certificate) should be filed bonds against refunding the issue with subject to the competitive bidding re­ with the request. At any time after said proceeds of funds borrowed at a lower quirements o f Rule 50 promulgated under date, the application-declaration, as effective interest cost. the Act, $20,000,000 principal amount of amended or as it may be further The proceeds from the sale of the new its First Mortgage Bonds, ------percent amended, may be granted and permitted bonds will be used for the acquisition of Series due September 1, 2003 (“ Bonds” ) . to become effective as provided in Rule property, the construction, completion, The annual interest rate on the Bonds 23 of the general rules and regulations extension, renewal, or improvement of (which will be a multiple of y8 of 1% ) promulgated under the Act, or the Com­ Ohio Edison's facilities or for the im­ and the price, exclusive of accrued inter­ mission may grant exemption from such provement of its service, or for repay­ est, to be paid to Mississippi (which will rules as provided in rules 20(a) and 100 ment of unsecured short-term debt, in­ be not less than 100 percent nor more thereof or take such other action as it curred by Ohio Edison estimated to be than 102% percent of the principal may deem appropriate. Persons who re­ outstanding at the time of issue in the amount thereof) will be determined by quest a hearing or advice as to whether a amount of $23,000,000, or for the reim­ the competitive bidding. The Bonds will hearing is ordered, will receive notice of bursement of its treasury for expendi­ be issued under Mississippi’s Mortgage further developments in this matter, in­ tures made for such purposes. and Deed of Trust dated as of Septem­ Ohio Edison requests authority for the ber 1, 1944 to Irving Trust Company and cluding the date of the hearing (if or­ authentication and issuance to the Frederick G. Herbst (D. W. May, suc­ dered) and any postponements thereof. Trustee in accordance with the sinking cessor), as Trustees, as heretofore sup­ For the Commission, by the Division of fund provisions on or about November 1, plemented and as to be further supple­ 1973, upon the basis of property addi­ mented by a Fourteenth Supplemental tions under Article V of the Mortgage, 1 Middle South has filed with this Com­ Indenture to be dated as of September 1, o f an aggregate o f $533,000 principal 1973, which includes a prohibition until mission a declaration, Pile No. 70-5366, in which it is proposed that Middle South bor­ amount of its First Mortgage Bonds, September 1,1978, against refunding the row up to $30,000,000 from a group of com­ 3% percent series of 1955 due 1985; ifl Bonds, directly or indirectly, with the mercial banks, under terms of a $135,000,000 proceeds of funds borrowed at a lower revolving credit agreement dated as of July 1, addition to the $7,973,000 principal effective interest cost. 1973. amount authorized in File No. 70- 5300,

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21459

(Holding Company Act Release No. deemable securities will be issued at a the protection of investors and the pur­ 17896) and to withdraw cash which will price other than the current public offer­ poses fairly intended by the policy and be used for general corporate purposes. ing price described in its prospectus in provisions of the Act. It is stated that the issuance of the exchange for substantially all of the Applicant offers its shares to the pub­ new bonds and the sinking fund bonds assets of Berman Beacon Corporation lic, pursuant to its prospectus, for cash is subject to the jurisdiction of the (“BBC”), a New York corporation. All at a price equal to the net asset value per Public Utilities Commission o f Ohio and interested persons are referred to the share plus varying sales charges de­ that no other state commission and no application on file with the Commission pendent upon the quantity of shares federal commission, other than this for a statement of Applicant’s repre­ purchased, the maximum sales charge Commission, has jurisdiction over the sentations which are summarized below. being 8.5 precent of the offering price. proposed transactions. The fees and ex­ BBC is an investment company all of In support of its application, Applicant penses to be paid in connection with the whose outstanding stock is owned of rec­ alleges that the proposed transaction sinking fund bonds are estimated at ord by only three persons and benefi­ will enable it to obtain portfolio securi­ $600. The fees and expenses in connec­ cially by only four persons and which is ties without payment of brokerage com­ tion with the new bonds are to be filed by exempt from registration under the Act missions and also will increase the size of amendment. by reason of the provisions of section Applicant which, in the opinion of the N otice is further given that any in­ 3(a) (1) thereof. Pursuant to an Agree­ Applicant, will tend to reduce the per terested person may, not later than Au?- ment between Applicant and BBC, sub­ share expenses of Applicant. Applicant gust 29, 1973, request in writing a hear­ stantially all the cash and securities also states that no affiliation presently ing to be held on such matter, stating owned by BBC, with a market value of exists between BBC or its officers, direc­ the nature of his interest, the reasons for approximately $600,000 on February 28, tors or stockholders and Applicant, its such request, and the issues of fact or 1973, will be transferred to Applicant in officers or directors, and that the Agree­ law raised by said declaration which he exchange for shares of Applicant’s stock. ment was negotiated at arms length by desires to controvert; or he may request Applicant is not assuming any of the the two companies. that h e be notified if the Commission liabilities of BBC. The number of shares Notice is further given that any inter­ should order a hearing thereon. Any of Applicant’s stock to be issued to BBC ested person may, not l&ter than Au­ such request should be addressed: Sec­ is to be determined by dividing the ag­ gust 27, 1973, at 5^:30 p.m., submit to the retary, Securities and Exchange Com­ gregate market value of the assets of Commission, In writing, a request for a mission, Washington, D.C. 20549. A copy BBC to be transferred to Applicant by hearing on the matter accompanied by of su ch request should be served per­ the net asset value per share of Appli­ a statement as to the nature of his inter­ sonally or by mail (air mail if the per­ cant (subject to certain adjustments set est, the reason for such request and the son b ein g served is located more than forth in the Agreement) both to be de­ issues of fact or law proposed to be 500 m iles from the point of mailing) termined as of the valuation date. When controverted, or he may request that he upon th e declarant at the above-stated received by BBC, the shares of Applicant be notified if the Commission shall order address, and proof of service (by affida­ are to be distributed to BBC sharehold­ a hearing thereon. Any such communica­ vit or, in case of an attorney at law, by ers and BBC will be dissolved. Applicant tion should be addressed: Secretary, Se­ certificate) should be filed with the re­ states that it has presently no intention curities and Exchange Commission, quest. A t any time after said date, the of selling any securities it will acquire W ashington, D.C. 20549. A copy o f such declaration, as filed or as it may be from BBC. request shall be served personally or by amended, may be permitted to become Applicant states that it has been ad­ mail (air mail if the person being served effective as provided in Rule 23 of the vised by the management of BBC that is located more than 500 miles from the General Rules and Regulations promul­ the holders of common stock of BBC point of mailing) upon Applicant at the gated under the Act, or the Commission have no present intention of redeeming address stated above. Proof of such serv­ may g ra n t exemption from such rules or otherwise transferring their legal or ice (by affidavit or in case of an attorney- as p rovid ed in Rules 20(a) and 100 beneficial interest in the shares of Appli­ at-law by certificate) shall be filed con­ thereof or take such other action as it cant to be received by them upon the temporaneously with the request. At any may deem appropriate. Persons who re­ liquidation of BBC following the transfer time after said date, as provided by quest a hearing or advice as to whether of the assets of BBC to the Applicant, Rule 0-5 of the rules and regulations a h earin g is ordered will receive notice other than a transfer of the legal interest promulgated under the Act, an order of further developments in this matter, in those shares of Applicant to be re­ disposing of the application herein may including the date of the hearing (if ceived to the Alfred Berman Trust be issued by the Commisison upon the ordered) and any postponements (“Trust”) Which will be established by basis of the information stated in said thereof. the BBC shareholders. It is proposed application, unless an order for hearing For the Commission, by the Division that the Trust in turn will transfer those upon said application shall be issued of Corporate Regulation, pursuant to shares of Applicant to Oppenheimer and upon request or upon the Commission’s delegated authority. Company (“Oppenheimer”), the parent own motion. Persons who request a hear­ [seal] R onald P. Hunt, of Applicant’s investment adviser, and ing or advice as to whether a hearing is Secretary. will become a limited partner of Oppen­ ordered will receive notice of further heimer. The application further states [FRDoc.73-16363 Filed 8-7-73:8:45 am] developments in the matter, including that Oppenheimer represents that it has the date of the hearing, if ordered, and no present intention to redeem or other­ any postponements thereof. [812-3449] wise transfer the interest of the shares of Applicant to be delivered to it by the For the Commission, by the Division of OPPENHEIMER A.I.M. FUND, INC. Trust. Investment Management Regulation pursuant to delegated authority. Filing of Application Section 22(d) of the Act provides, in pertinent part, that no registered invest­ [seal] R onald F. Hunt, A ugust 2, 1973. ment company or principal underwriter Secretary. Notice is hereby given that Oppen­ for such company shall sell any redeem­ [FR Doc.73-16361 Filed 8-7-73:8:45 am] heimer A.I.M. Fund, Inc. (“Applicant”) , able security to the public except at a One New York Plaza, New York, N.Y. current public offering price described 10004, a Maryland corporation registered in the prospectus. [Release No. 34-10312; File No. S7-490] Îq ^er ,^e ^vestment Company Act of Section 6(c) of the Act provides that 1940 (“Act”) as a diversified open-end OPTION TRADING BY SPECIALISTS, MAR­ the Commission, by order upon applica­ KET MAKERS, FLOOR TRADERS, AND management investment company, has tion, may conditionally or uncondition­ BLOCK POSITIONERS hied an application pursuant to section ally exempt any person or transactions o(c) of the Act requesting an order of from any provision or provisions of the Commission Review and Request for lile Commission exempting from the Act, if and to the extent that such ex­ Comments Provisions of section 22(d) of the Act a emption is necessary or appropriate in The Commission announced that it ransaction in which Applicant's re­ the public interest and consistent with has under review and is requesting public S > : •. \ ■ " ,

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21460 NOTICES

comment on the question of whether between a “good” and a “bad” option, automated quotation system), which for specialists, market makers, floor traders and, rather than prohibiting all such op­ the first time enables broadcasting of and block positioners should be per­ tions, gave the Commission broad power quoted prices of over-the-counter secu­ mitted to trade or otherwise have an to regulate their trading under sections rities on a real time basis, manipulation interest in options (puts and calls) in 9(b) and (c) of the Securities Exchange similar to those encountered on the ex­ any securities in which they are regis­ Act o f -1934.6 The Commission has not changes prior to 1934 may be possible. tered, make a market, or trade for their used this rule making authority until The Commission, therefore, is interested own accounts on exchanges, either from quite recently.6 ^elf-regulation, including in determining whether or not over-the- on or off the floor in the over-the-counter the above exchange rules, was relied on counter market makers in listed and in market. instead; and the Commission believes unlisted securities should likewise be re­ In 1935 all the national securities ex­ that, partly as a result of such action by stricted in their dealings in options re­ changes adopted, at the Commission’s re­ the exchanges, pool-type activities have lating to the same securities in which quest, a rule which provided that no been substantially curtailed. they make markets.10 specialist or odd-lot dealer, and no firm Several firms, presently doing business Accordingly, the Commission invites of which such specialist or odd-lot dealer on other exchanges as specialists or mar­ comments on the questions of whether is a participant, and ho partner of such ket makers have applied for member­ and to what extent, the various partici­ firm, shall acquire, hold or grant, di­ ships on the new Chicago Board Options pants in the exchange and over-the- rectly or indirectly, any interest in a Exchange (CBOE) to operate as market counter markets whose activities may put, call, straddle, or option in any makers, board brokers or floor brokers.7 effect the pricing mechanism of securi­ security in which such specialist, or odd- Some of these other exchanges have ties traded therein should be permitted lot dealer is registered.1 All the national therefore been considering changes in to have an interest in options in the same securities exchanges also prohibited any their rules to permit such firms to act securities. Commentators should address other member while on the floor from (and continue to act) on their exchanges themselves to the following considera­ initiating the purchase or sale on the as specialists, market makers or floor tions, among others: exchange, for any account in which he traders- in the same securities that 1. The possibility that such dealing or his firm or any participant therein is underly options in which such firms might create for a participant a conflict interested, of any stock in which he, his would act as dealers on the CBOE, and of interest which would likely impair the firm or any participant holds or has perhaps elsewhere.8 The Commission’s maintenance of fair and orderly markets granted an option. Division of Market Regulation has asked in the underlying securities where the These rules came about because of those exchanges not to change their participant is (a) a specialist, (b) an abuses in the use of the option device rules to permit such activities until such odd-lot dealer, (c) a floor trader, (d) a in the operations of manipulative “pools” time as the Commission completes its market maker in listed securities on an during the late 1920’s,and early 1930’s.a own review of this matter.. exchange and/or a third market maker, It was the general consensus of the com­ In its review the Commission will also (e) a market in the over-the-counter mentators at the time of the passage of consider the role of option trading and securities, or (f) a block positioner in the Securities Exchange Act of 1934 that its relation to the developing of a central listed and unlisted securities ; the “option” enable “manipulators of market system for listed securities.8 2. The relevance and significance of every sort” “to carry on large-scale op­ At the time of the hearings on the changed market conditions, since the erations with- a minimum of financial Securities Exchange Act, there was little passage of the Securities Exchange Act, risk.” 3 Although such abuses were not discussion of possible regulation of trans­ including changes that have taken place limited to pool operations, the granting actions in options relating to over-the- in the structure o f exchange and over- of an option to pools or their confeder­ counter securities. However, with the re­ the-counter markets (such as the rela­ ates was fund to be at the very heart of cent advent of NASDAQ (the National tive “institutionalization” of the mar­ most of these manipulative operations. Association of Securities Dealers, Inc.’s kets) ; The specialist’s services in particular 3. The future development of a cen­ tral market system; were considered invaluable to the pool 6 Stock Exchange Practice Hearings before managers.4 Senate Comm, on Banking & Currency, 73d 4. The significance o f the differences, Because of the actual and potential Cong., 2d Sess. (1934), Pt. 15, p. 6515. The if any, among various categories of mem­ abuses, the original drafts of the Secur­ House Committee’s Report on the Securities bers on regional and primary exchanges, ities Exchange Act would have outlawed Exchange Act, in explaining these subsec­ including differences with respect to their tions, stated “As it is not always easy to abilities to affect the pricing mechanism the purchase or sale of options through trace and prove manipulative activity, it is an exchange or in connection, with necessary to rid the market of devices which of a given security, and the nature of exchange-traded securities. Apparently, commonly accompany or cloak these activi­ their respective contributions to the however, Congress decided that it was ties.” H. Rep. No. 1383, 73d Cong., 2d Sess. markets; . virtually impossible for it to distinguish (1934), p. 11. See supra n. 2 and 4. 5. The adequacy o f present or poten­ 6 See Release No. 34—9930 (January 9, 1973) tial regulatory controls to prevent mis­ proposing Rule 9b-l and Release No. 34r-9994 1This rule was one of the sixteen rules (February 8, 1973) proposing Rule 9b-2, both use of options in the even present re­ adopted by all the national securities ex­ under the Securities Exchange Act of 1934. strictions were relaxed. changes in 1935, at the request of the Com­ 7 The two basic functions of a specialist are All interested persona-are invited to mission (which also formulated the rules), divided on the CBOE between the board to eliminate some of the undesirable conse­ broker (agent) and the market maker submit their views and comments on the quences flowing from dealer activities on the (dealer). foregoing issues. Written statements of national securities exchanges. See, U.S. Se­ 8 Some other exchanges have been consid­ curities and Exchange Commission, Report ering the establishment of trading markets views and comments should be addressed on the Feasibility and Advisability of the in options. to Ronald P. Hunt, Secretary, Securities Complete Segregation of the Functions of 9 See Securities and Exchange Commission, and Exchange Commission, 500 North Dealer and Broker (1936), pp. 60-64, 170. Policy Statement bn the Structure of a Cen­ 2H.R. Rep. No. 1383, 73d Cong., 2d Sess. tral Market System (March 29, 1973), and Capitol Street, Washington, D.C. 20549, (1934), pp. 10-11; see also S. Rep, No. 792, Statement on the Future Structure of the on or before September 29, 1973. Refer­ 73d Cong., 2d Sess. (1934), p. 9. For the Senate Securities Markets (February 2, 1972). See ence should be made to file number S7- committee’s findings on the extent and use also Release No. 34-9950 (January 16, 1973), of options in manipulations, see Stock Ex­ at pp. 109-129, which discusses, in terms of change Practices, Report of Comm, on Bank­ the needs of both the present and future 10 See Report of Special Study of Securities ing & Currency, S. Rep. No. 1455, 73d Cong., market structure, the growing similarity be­ Markets of the Securities and Exchange Com­ 2d Sess. (1934), p. 47. tween the regulatory problems relating to mission which discusses some of the problems ® Stock Exchange Practices, Report of floor dealings of specialists and floor traders concerning trading in options relating to Comm, on Banking & Currency, S. Rep. No. on the one hand and those of “off-floor” over-the-counter securities prior to the 1455, 73d Cong., 2d Sess. (1934) p. 45. trading of securities professionals and block NASDAQ system. H.R. Doc. No. 95, 88th Cong., « I b i d , p . 47. positioners on the other. 1st Sess. (1963) Pt. 2, pp. 563-567, 676.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21461

490. All such communications will be rities of Seggos industries, Inc., being [FUe No. 500-1] available for public inspection. traded otherwise than on a national TEXTURED PRODUCTS, INC. securities exchange is required in the By the Commission. public interest and for the protection Order Suspending Trading [seal] R onald P. H unt. of investors; A ugust 2,1973. Secretary. It is ordered, Pursuant to section 15(c) It appearing to the Securities and Ex­ August 1,1973. (5) of the Securities Exchange Act of change Commission that the summary [PR Doc.73-1635‘1 Filed 8-7-73;8:45 am] 1934, that trading in such securities oth­ suspension of trading in the common erwise than on a national securities ex­ stock, $.10 par value and all other se­ change be summarily suspended, this [File No. 500-1] curities of Textured Products, Inc. being order to be effective «for the period from traded otherwise than on a national se­ ORECRAFT, INC. 11:45 a.m., edt, on July 31,1973 and con­ curities exchange is required in the pub­ tinuing through August 9,1973. Order Suspending Trading lic interest and for the protection of By the Commission. investors; A ugust 2,'1973. It is ordered, Pursuant to section 15 It appearing to the Securities and Ex­ [seal] R onald F. H unt, Secretary. (c) (5) of the Securities Exchange Act of change Commission that the summary 1934, that trading^ in such securities suspension of trading in the common [FR Doc.73-16288 FUed 8-7-73;8:45 am] otherwise than on a national securities stock, $.04 par value, and all other se­ exchange be summarily suspended, this curities of Orecraft, Inc., being traded [File No. 500-1] order to be effective for the period from otherwise than on a national securities August 3, 1973 through August 12, 1973. exchange is required in the public in­ ROYAL PROPERTIES, INC. By the Commission. terest and for the protection of investors; Order Suspending Trading It is ordered, Pursuant to section 15 R onald P. H u n t, (c) (5) of the Securities Exchange Act of July 31, 1973. Secretary. 1934, that trading in such securities It appearing to the Securities and Ex­ [FR Doc.73-16365 Filed 8-7-73;8:45 am] otherwise than on a national securities change Commission that the summary exchange be summarily suspended, this suspension of trading in the common order to be effective for the period from stock, $5 par value and all other secu­ [File No. 500-1] August 3, 1973 through August 12, 1973. rities of Royal Properties Incorporated, TRIEX INTERNATIONAL CORP. By the Commission. being traded otherwise than on a na­ tional securities exchange is required Order Suspending Trading R onald F. H u n t , in the public interest and for the pro­ A ugust 2, 1973. Secretary. tection of investors; It appearing to the Securities and Ex­ [PR Doc.73-16364 Filed 8-7-73; 8:45 am] It is ordered, Pursuant to section 15 change Commission that the summary (c) (5) of the Securities Exchange Act of suspension of trading in the common 1934, that trading in such securities stock, $.01 par value, of Triex Interna­ [File No. 500-1] otherwise than on a national securities tional Corp. being traded otherwise than PARAGON SECURITIES CO. exchange be summarily suspended, this on a national securities exchange is re­ order to be effective for the period from quired in the public interest and for the Order Suspending Trading August 1, 1973 through August 10, 1973. protection of investors; A ugust 1, 1973. By the Commission. It is ordered, Pursuant to section 15(c) It appearing to the Securities and Ex­ (5) of the Securities Exchange Act of change Commission that the summary [seal] R onald P. H unt, 1934, that trading in such securities oth­ suspension of trading in the common Secretary. erwise than on a national securities ex­ stock, $.01 par value, and all other secu­ [FR Doc.73-16290 FUed 8-7-73;8:45 am] change be summarily suspended, this rities of Paragon Securities Company order to be effective for the period Au­ gust 2, 1973 through August 11, 1973. being traded otherwise than on a na­ [FUe No. 500-1] tional securities exchange is required in By the Commission. the public. interest and for the protec­ PLAYERS GROUP COMPANIES, INC. [ seal] R onald P. H un t. tion of investors; Order Suspending Trading It is ordered, Pursuant to section 15(c) Secretary. (5) of the Securities Exchange Act of A ugust 1,1973. [FR Doc.73-16357 Filed 8-7-73;8:45 am] 1934, that trading in such securities oth­ It appearing to the Securities and Ex­ erwise than on a national securities ex­ change Commission that the summary [File No. 500-1] change be summarily suspended; this suspension of trading in the common order to be effective for the period from stock, $.10 par value, and all other se­ U.S. FINANCIAL INC. curities of Players Group Companies, August 2, 1973 through August 11, 1973. Inc. being traded otherwise than on a Order Suspending Trading By the Commission. national securities exchange is required A ugust 2,1973. in the public interest and for the pro­ The common stock, $2.50 par value, [seal] R onald P. H u n t, tection of investors; Secretary. of U.S. Financial Incorporated being It is ordered, Pursuant to section 15 traded on the New York Stock Exchange, [FR Doc.73-16289 Filed 8-7-73;8:45 am] (c) (5) of the Securities Exchange Act of pursuant to provisions of the Securities 1934, that trading in such securities Exchange Act o f 1934 and all other secu­ [FUe No. 500-1] otherwise than on a national securities rities of U.S. Financial Incorporated exchange be summarily suspended, this being traded otherwise than on a na­ SEGGOS INDUSTRIES, INC. order to be effective for the period from tional securities exchange; and Order Suspending Trading 11:00 a.m. (EDT) on August 1, 1973 and It appearing to the Securities and Ex­ continuing through August 10, 1973. July 31,1973. change Commission that the summary It appearing to the Securities and Ex­ By the Commission. suspension of trading in such securities on such exchange and otherwise than on change Commission that the summary [ seal] R onald P. H u n t, a national securities exchange is required suspension of trading in the common Secretary. in the public interest and for the protec­ stock, $.oi par value, and all other secu­ [FR Doc.73-16355 FUed 8-7-73;8:45 am] tion of investors;

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152------11 21462 NOTICES

It is ordered, Pursuant to sections 15 personally or by mail (air mail if the per­ Whereas, after reading and evaluat­ (c) (5) and 19(a) (4) of the Securities son being served is located more than 500 ing reports of such conditions, I find that Exchange Act of 1934, that trading in miles from the point of mailing) upon the conditions in such areas constitute such securities on the above mentioned the applicant at the above-stated ad­ a catastrophe within the purview of the exchange and otherwise than on a na­ dress, and proof of service (by affidavit Small Business Act, as amended; tional securities'exchange be summarily or, in case of an attorney at law, by Now, therefore, as Administrator of the suspended, this order to be effective for certificate) should be filed with the re­ Small Business Administration, I hereby the period from August 2, 1973 through quest. At any time after said date, the determine that: August 11, 1973» declaration, as filed or as it may be 1. Applications for disaster loans un­ By the Commission. amended, may be granted and permitted der the provisions of section 7(b) (1) of to become effective as provided in Rule 23 the Small Business Act, as amended, may [ seal] R onald P. H unt, of the general rules and regulations be received and considered by the office Secretary. promulgated under the Act, or the Com­ below indicated from persons or firms [FR Doc.73-16360 Filed 8-7-73;8:45 am] mission may grant exemption from such whose property situated in Carroll, Dal­ rules as provided in Rules 20(a) and 100 las, Greene, Guthrie and Polk Counties, thereof or take such other action as it Iowa, and adjacent affected areas, suf­ [70-5373] may deem appropriate. Persons who re­ fered damage or destruction resulting UTAH POWER & LIGHT CO. quest a hearing or advice as to whether from flooding caused by severe storms, a hearing is ordered will receive notice heavy rain and flooding occurring June Proposed Issue and Sale of Common Stock of further developments in this matter, 30 through July 9,1973. Applications will at Competitive Bidding including the date of the hearing (if be processed under the provisions of A ugust 2,1973. ordered) and any postponements thereof. Public Law 93-24. Notice is hereby given that Utah Power For the Commission, by the Division Office & Light Company (“ Utah” ) , 1407 West of Corporate Regulation, pursuant to delegated authority. Small Business Administration, District Of­ North Temple St., P.O. Box 899, Salt fice, 210 Walnut Street, Des Moines, Iowa Lake City, UT 84110, an electric utility [ seal] R onald F. Hunt, 50309. company and a registered holding com­ Secretary. pany, has filed a declaration with this 2. Applications for disaster loans un­ Commission pursuant to the Public [FR Doc.73-16353 Filed 8-7-73;8:45 am] der the authority of this declaration will Utility Holding Company Act of 1935 not be accepted subsequent to Septem­ (“Act”), designating sections 6(a) and 7 SMALL BUSINESS ber 25, 1973. of the Act and Rule 50 thereunder as ADMINISTRATION Dated: July 27, 1973. applicable to the proposed transaction. All interested persons are referred to the [License No. 02/02-0005] T homas S. K leppe, declaration, which is summarized below, ^ FRANKLIN CORP. Administrator. for a complete statement of the proposed [FR Doc.73-16298 Filed 8-7-73;8:45 am] transaction. Approval of Application Pursuant to the provisions o f § 107.701 Utah proposes to issue and sell, sub­ [Declaration of Disaster Loan Area 1008] ject to the competitive bidding require­ of the Small Business Administration ments o f Rule 50 under the Act, 800,000 (SBA) rules and regulations (13 C.F.R. MICHIGAN shares of its authorized but unissued Part 107.701 (1973) ) , a notice o f filing Declaration of Disaster Loan Area common stock, par value $12.80 per of an application for transfer of control share. Utah proposes to use the estimated of The Franklin Corporation, License No. Whereas, it has been reported that $30,000,000 in proceeds from the sale of 02/02-0005, One Rockefeller Plaza, Suite during the month of June 1973, because the common stock to pay a portion of its 2614, New York, New York 10020, was of the effects of a certain disaster, dam ­ outstanding short-term promissory notes published in the F ederal R egister on age resulted to residences and business (said notes aggregating approximately May 25, 1973 (38 FR 13787). property located in the State of M ich i­ $35,000,000 as of September 18,1973), the Interested persons were given an op­ gan; proceeds of which are being used for the portunity to send their comments to SBA Whereas, the Small Business A dm in is­ company’s construction program, esti­ on the proposed transfer of Control. tration has investigated and received mated at $103,000,000 for 1973 and $64,- Upon consideration of the application reports of investigations in the areas 000,000 in 1974. and other relevant information, SBA affected; The declaration states that the Wyo­ hereby approves the transfer of control Whereas, after reading and evaluat­ ming Public Service Commission and of the Franklin Corporation, subject to ing reports of such conditions^ I fin d that the Idaho Public Utilities Commission any other Federal or State approval the conditions in such areas constitute have jurisdiction over the proposed which may be necessary. a catastrophe within the purview o f the transaction and that no other state com­ Dated: August 1, 1973. Small Business Act, as amended; mission and no federal commission, other Now, therefore, as Administrator o f the than this Commission, has jurisdiction James T homas Phelan, Small Business Administration, I here­ over the proposed transaction. Pees and Deputy Associate Administrator, by determine that: for Investment. expenses to be incurred in connection 1. Applications for disaster loans under with the proposed transaction are to be [FR Doc.73-16303 Filed 8-7-73;8:45 am] the provisions of section 7(b)(1) o f the supplied by amendment. Small Business Act, as amended, may Notice ;s further given that any inter­ [Declaration of Disaster Loan Area 1007] be received and considered by the office ested person may, not later than Au­ IOWA below indicated from persons or firms gust 28, 1973, request in writing that a whose property situated in Wayne and hearing be held in respect of such mat­ Declaration of Disaster Loan Area Monroe Counties in the State of M ich i­ ter, stating the nature of his interest, Whereas, it has been reported that gan, and adjacent affected areas, su f­ the reasons for such request, and the is­ during the months o f June and July 1973, sues of fact or law raised by said declara­ fered damage or destruction resulting because of the effects of a certain dis­ from flooding occurring June 17 and 18, tion which he desires to controvert; or he aster, damage resulted to residences and 1973. Applications will be processed un­ may request that he be notified should business property located in the State the Commission order a hearing thereon. o f Iowa; der the provisions o f Public Law 93-24. Any such request should be addressed: Whereas, the Small Business Admin­ Office Secretary, Securities and Exchange istration has investigated and has re­ Small Business Administration, District Of­ Commission, Washington, D.C. 20549. A ceived reports of other investigations of fice, 1249 Washington Boulevard, Detroit, copy of such request should be served conditions in the areas affected; Michigan 48226. m

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21463

2. Applications for disaster loans un­ The purpose of this amendment is only employment of full-time students (29 der the authority of this declaration will for Mayes County for the period April 1, CFR Part 519), and Administrative Order not be accepted subsequent to 1973. 1973 to May 7, 1973, and Mayes and Le No. 621 (36 FR 12819), the establishments Flore Counties for the period May 24, Dated July 30, 1973. listed in this notice have been issued spe­ 1973 to May 27, 1973. Applications will cial certificates authorizing the employ­ Anthony G. Chase, be processed under the provisions of ment of full-time students working out­ Acting Administrator. Public Law 92-385 where damages oc­ side of school hours at hourly rates lower [PR Doc.73-16299 Piled 8-7-73;8:45 am] curred prior to April 20, 1973. Applica­ than the minimum wage rates otherwise tions will be processed under the pro­ applicable under section 6 of the Act. visions' of Public Law 93-24 where dam­ While effective and expiration dates are [Declaration of Disaster Loan Area 1009] ages occurred April 20, 1973, and there­ shown for those certificates issued for OHIO after. less than a year, only the expiration dates Applications may be filed at the: are shown for certificates issued for a Declaration of Disaster Loan Area Small Business Administration, District Of­ year. The minimum certificate rates are Whereas, it has been reported that fice, 30 North Hudson, Oklahoma City, not less than 85 percent of the applicable during the month of June 1973, because Oklahoma 73102. statutory minimum. of the effects of a certain disaster, dam­ The following certificates provide for and at such temporary offices as are an allowance not to exceed the propor­ age resulted to residences and business established. Such addresses will be an­ property located in the State o f Ohio; tion of the total hours worked by full­ nounced locally. time students at rates below $1 an hour Whereas, the Small Business Adminis­ Applications for disaster loans under tration has investigated and has received this announcement must be filed not to the total number of hours worked by reports of other investigations o f condi­ later than September 18, 1973. all employees in the establishment during tions in the areas affected; the base period in occupations of the Whereas, after reading and evaluating Dated: July 26,1973. same general classes in which the estab­ lishment employed full-time students at reports of such conditions, I find that the T homas S. K leppe, conditions in such areas constitute a Administrator. wages below $1 an hour in the base year; catastrophe within the puryiew of the or provide the same standards authorized Small Business Act, as amended; [FR Doc.73-16296 Filed 8-7-73;8:45 am] in certificates previously issued to the Now, therefore, as Administrator of establishment. the Small Business Administration, I [Notice of Disaster Loan Area 1003; Allen Mallory, food store; Stuart, IA; hereby determine that: . Amendment] 5- 31-74. 1. Applications for disaster loans under Badt’s Pharmacy, Inc., drug store; 248 the provisions of section 7(b)(1) of the TEXAS North Paw Paw Street, Coloma, MI; 5-25-74. Small Business Act, as amended, may be Amendment To Notice of Disaster Relief Bayfield- Shur-Valu Market, food store; received and considered by the office be­ Loan Availability Bayfield, CO; 5-23-73 to 5-16-74. A. J. BaylesS Markets, Inc., food stores: low indicated from persons or firms As a result of the President’s declara­ Nos. 62 and 63, Globe, AZ, 5-31-74; No. 65, whose property situated in Franklin and tion of the State of Texas as a major Safford, AZ, 6-15-73 to 5-31-74; No. 59, Crawford Counties, Ohio, and adjacent disaster area following severe storms and Scottsdale, AZ, 6-15-73 to 5-31-74. affected areas, suffered damage or de­ flooding beginning on or about June 11, Berg & Frost, Inc., drug store; 1009 West struction resulting from severe storms 12th Street, Emporia, KS; 6-11-74. ,1973, applications for disaster relief Blank’s Pharmacy, drug store; Three South and flooding occuring June 19 to 26,1973. loans will be accepted by the Small Busi­ Fort Thomas Avenue, Fort Thomas, KY; Applications will be processed under the ness Administration from flood victims 6- 19-74. provisions of Public Law 93-24. in the following additional counties: C. H. Block & Co., Inc., agriculture; Tunica, Newton and Matagorda. (See 38 FR MS; 6-15-74. Office 19878) Bonson’s Shop Rite, food store; Eagle River, Small Business Administration, District Of­ Applications may be filed at the: WI; 5-30-74. fice, 34 North High Street, Columbus, Ohio Brooks Griffin, agriculture; Elaine, AR; 43215. Small Business Administration, District Of­ 5- 30-74. fice, Niels Esperson Building, Room 1210, Browdy’s Fine Poods, food store; 2807 2. Applications for disaster loans under 808 Travis Street, Houston, Texas 77002. Cahaba Road, Birmingham, AL; 6-11-74. the authority of this declaration will not C & S Hardware, hardware stores, 5-23-74: and at such temporary offices as are Nos. 1 and 2, Dallas, TX. be accepted subsequent to September 28, established. Such addresses will be an­ Carson City Hospital, hospital; Elm at 1973. nounced locally. Applications will be Third, Carson City, MI; 6-17-74. Dated: July 31,1973. processed under the provisions of Public Cary Plantation, agriculture; Cary, MS, Law 93-24. 6- 4-74. T homas S. K leppe, Applications for disaster loans under Cash & Carry Grocery, food store; 100 Rus­ Administrator. sell Street, Portland, TN; 6-12-74. this announcement must be filed not Colonial Store, restaurant; No. 3, Wichita, [PR Doc.73-16300 Piled 8-7-73; 8:45 am] later than September 24, 1973. KS; 5-31-74. Dad ‘N’ Lad, apparel store; 490 Harrison Dated: July 27,1973. Avenue, Panama City, FL; 5-22-74. [Notice of Disaster Loan Area 995; Arndt. 4] T homas S. K leppe, The Dairy Basket, Inc., food store; 9159 OKLAHOMA Administrator. South Cicero Avenue, Oak Lawn, IL; 6-14-74. Dillon Companies, Inc., food stores, 6-8-74: Amendment To Notice of Disaster Relief [FR Doc.73-16297 Filed 8-7-73;8:45 am] No. 44, Junction City.-KS; No. 43, Lawrence, Loan Availability Elgin West Pharmacy, drug store; 575 As a result of the President’s declara­ DEPARTMENT OF LABOR KS. Elgin West Pharmacy, drug store; 575 tion of the State of Oklahoma as a major Wage and Hour Division North McLean Boulevard, Elgin, IL; 6-5-74. disaster area following severe storms and CERTIFICATES AUTHORIZING THE EM­ Erv’s Sav-Rite, food store; 1567 East Strat­ flooding beginning on or about April 1, PLOYMENT OF FULL-TIME STUDENTS ford Avenue, Salt Lake City, UT; 6-14-74. 1973, applications for disaster relief loans WORKING OUTSIDE OF SCHOOL HOURS Evanna Plantation, Inc., agriculture; Cary, will be accepted by the Small Business AT SPECIAL MINIMUM WAGES IN RE­ MS; 6-4-74. TAIL OR SERVICE ESTABLISHMENTS Fisher Brothers, agriculture; 846 Oak Ave­ Administration from flood and tornado OR IN AGRICULTURE nue, Muskegon MI; 6-15—74. Victims in the following additional coun­ Food Fair, Inc., food store; North Highway ties: Mayes and Le Flore. (See 38 FR Notice is hereby given that pursuant to 27, Somerset, KY; 5-726-74. section 14 of the Fair Labor Standards J6813, 38 FR 18415, 38 FR 19295 and 38 Fort Thomas Pharmacy, Inc., drug store; A ct o f 1938 (52 Stat. 1060, as amended, 26 North Fort Thomas Avenue, Fort Thomas, PR 19939). 29 U.S.C. 201 et seq.), the regulation on KY; 6-15-74.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21464 NOTICES

Goloib Super Market, food store; Anna, KS; Pullman Pharmacy, drug store; 11254 Garden Valley Motel, motel; 2860 South 6-14-74. South Michigan Avenue, Chicago, IL, 6-5-74. Circle Drive, Colorado Springs, CO; general Grebe’s Bakeries, Inc., food stores, 6-14-74: Ralph’s Jack and Jill, food store; 208 North restaurant worker, salesclerk, housekeeper; 5933 West Libson Avenue, Milwaukee, WI; Walnut, Peabody, KS; 6-8-73 to 5-31-74. 5 to 20 percent; 5-29-74. 2204 10th Avenue, South Milwaukee, WI; Red Star Pharmacy, drug store; 9200 South Jacques Petite of Eastland Mall, restau­ 5132 West Lincoln Avenue, West Allis, W I Commercial Avenue, Chicago, IL; 6-5-74. rant; G—4218 East Court Street, Flint, MI; H & L, Inc., food store; 6704 Main Street, Richard Clothing Co., apparel store; 326 general* restaurant worker; 49 to 77 p ercen t' Caseville, MI; 6-12-74. South Washington Street, Marlon, IN; 5-1-74. H. E. B. Food Store, food stores, 6-16-74: 6-7-74. King’s Food Host, USA, restaurant; 1505 No. 110, Georgetown, TX; No. 109, Marble Richard W. Bishop, agriculture; 8995 Peter­ Lincoln Avenue, Loveland, CO; general Falls, TX. son Road, Whitehall, ML 5-21-74. restaurant worker; 10 to 25 percent; 5-21-74. Handy Andy, Inc., food store, No. 175, Riverside Certified Super Market, Inc., food Minyard Food Stores, Inc., food s to re ; 550 Austin, TX; 6-6-74. store; 54 East 138th Street, Riverdale, IL; East Wheatland, DuncanvUle, TX; package J. H. Hill & Sons, agriculture; Indianola, 5-20-74. clerk, salesclerk; 11 to 16 percent; 6 - 11- 74. MS; 6-11-74. Rivin’s IGA, food store; Wagner, SD; Piggy Wiggly, food store; No. 18, Columbus, Hornbeak Grocery, food store; 115 North 5-26-74. GA; bagger, carry out, stock clerk, Janitorial’ Main Street, Ridgely, TN; 6-6-74. Robie’s Food Center, Inc., food store; 700 10 to 13 percent; 5-20-74. International House of Pancakes, res­ Willow Street, Franklin, LA; 5-26-74. Thiesen’s Dairy Queen, restaurant; 609 taurant; 4555 South Noland Road, Inde­ Russel Lee Sail, agriculture; 12227 68th Lafayette, St. Louis, MO; general restaurant pendence, MO; 5-14-74. Avenue, Allendale, MI; 6-5-74. worker; 31 to 63 percent; 5-31-74. Jackson County Hospital & Nursing Home, Ryke’s Bakery, food store; 1788 Terrace Windsor Care Center, nursing home; 2305 hospital; Scottsboro, AL; 6-14^74. Street, Muskegon, MI; 6-10-74. Crescent Drive, Cedar Falls, IA; nurse’s aide, Jemison Super Saver, food store, Jemison, St. Michael’s Hospital, hospital; Tyndall, kitchen helper, housekeeper, office clerk; 6 to AL; 6-30-74. SD; 5-23-73 to 5-18-74. 17 percent; 5-30-74. Kopper Kettle Restaurant, restaurants, Santa Fe Lamplighter, Inc., restaurant; 6-14-74, except as otherwise indicated: 1-80 2405 Cerrillos Road, Santa Fe, NM; 6-14-74. Each certificate has been issued upon and 25 Highway, Menlo, IA (5-31-74); 1-80 Shroat Market, food store; 216 South D the representations o f the employer and minden Inter-Change, Minden, IA; 1-29 Street, Marion, IN; 5-25-74. which, among other things, were that and U.S. Highway 30, Missouri Valley, IA; Stein Greenfield, Inc., garden centers: 1-80 and U.S. Highway 81, York, NE. 3725 108th Street, Greenfield, WI, 5-31-74; employment of full-time students at spe­ L & K Food Market, food store; Highway 75 14845 West Capitol Drive, Milwaukee, WI, cial minimum rates is necessary to pre­ at Wortham Street, Willis, TX; 5-31-74. 5- 31—74; 5400 South Seventh Street, Milwau­ vent curtailment of opportunities for Lenger Super Market, Inc., food store; 16 kee, WI, 6-1-73 to 5-30-74. employment, and the hiring of full-time West Burton Street, Grand Rapids, MI; Sutton’s Food City, food store; 2050 North students at special minimum rates will 6-11-74. ------Topeka, Topeka, KS; 8-19-74. not create a substantial probability of Lynn Garrett Drug Co., drug store; 2401 Sutton’s Food Mart, food store; 1313 West reducing the full-time employment op­ Lebanon Road, Nashville, IN; 6-17-74. 21st Street, Topeka, KS; 6-30-73 to 4-1-74. May’s Drug Store, drug stores, 6-13-74: No. Thigpen Hardware Co., hardware store; portunities of persons other than those 186, Bloomington, IL; No. 185, Crystal Lake, 107-11 South Harvey Avenue, Picayune, MS; employed under a certificate. The certifi­ IL; No. 182, Freeport, IL; No. 200, McHenry, 6- 15-74. cate may be annulled or withdrawn, as IL; No. 187, Mundelein, IL; Nos. 188 and 196, Van Solkema Farms, Inc., agriculture; 8513 indicated therein, in the manner pro­ Rockford, IL; No. 178, Round Lake, IL; No. Marlow Avenue, Byron Center, MI; 5-27-74. vided in Part 528 o f Title 29 o f the Code 199, Woodstock, IL; No. 180, Beloit, WI. Vann Brothers, agriculture; Trenton, SC; of Federal Regulations. Any person ag­ McDonald’s Hamburgers, restaurants, 5- 6—4-74. grieved by the issuance of any of these 31-74, except as otherwise indicated: 901 Vic’s Farm Market, food store; 2429 Mon­ certificates may seek a review or recon­ Minnesota, Kansas City, KS (5-26-74); 7550 roe Street, La Porte, IN; 5-31—74. State Avenue, Kansas City, KS (5-26-74); Walt Boe’s Super Markets, Inc., food store; sideration thereof on or before Septem­ 618 East Santa Fe, 'Olathe, KS (5-26-74); 57 North Broadway, Pelican Rapids, MN; ber 7,1973. 9783 A St. Charles Rock Road, St. Louis, MO 6-9-74. Signed at Washington, D.C. this 1st (6-9-74); 1360 East Avenue, Akron, OH; 409 Whittaker, Inc., food store; 7930 North day of August 1973. East Exchange Street, Akron, OH; 1720 West MacArthur, Oklahoma City, OK; 6-2-74. Exchange Street, Akron, OH; 2021 East Mar­ Willie’s Super Market, food store; 2422 D onald T. C rumback, ket Street, Akron, OH; 1045 East Tallmadge Second Avenue, North, Birmingham, AL; 5- Authorized Representative Avenue, Akron, OH; 946 East Waterloo Road, 26-74. of the Administrator. Akron, OH; 425 West Hopocan Avenue, Bar­ Willis Nursery Co., agriculture; Ottawa, berton, OH; 1195 Wooster Road, West, Bar­ KS; 6-14-74. [FR Doc.73-16417 Filed 8-7-73; 8:45 am] berton, OH; 1787 State Road, Cuyahoga Falls, J.W. Yonce & Sons, agriculture; Johnston, OH; 1280 South Water Street, Kent, OH; 2114 SC; 6-11-74. Sunset Boulevard, Steubenville, OH. INTERSTATE COMMERCE McKey Grocery & Market, food store; Cen- The following certificates issued to es­ COMMISSION treville, MS; 2-23-74. tablishments permitted to rely on the Methodist Memorial Homes, Inc., nursing base-year employment experience of [Notice 314] home, 1320 lith Avenue, Holdrege, NE; others were either the first full-time stu­ ASSIGNMENT OF HEARINGS 6-19-74. dent certificates issued to the establish­ Midlothian Pharmacy, drug store; 4047 ment, or provide standards different A ugust 3,1973. West 147th Street, Midlothian, IL; 6-5-74. Cases assigned fo r hearing, postpone­ Miller’s Foodtown, food store; 38 East Cen­ from those previously authorized. The ter, Moab, ITT; 5-7-73 to 3-31-74. certificates permit the employment of ment, cancellation or oral argument ap­ Mother of Mercy Nursing Home, nursing full-time students at rates of not less pear below and will be published only home; Albany, MN; 6-17-74. than 85 percent of the applicable statu­ once. This list contains prospective as­ Newman pharmacy, drug store; 3458 West tory minimum in the classes of occupa­ signments only and does not include 11th Street, Chicago, IL; 6-5-74. tions listed, and provide for the indicated cases previously assigned hearing dates. Pearl Plantation, agriculture; Cary, MS; monthly limitationS’ on the percentage of The hearings will be on the issues as 6-4-74. full-time student hours of employment presently reflected in the Official Docket Pence-Humboldt, Inc., food store; High­ at rates below the applicable statutory of the Commission. An attempt will be way 169 North, Humboldt, KS; 6-19-74. minimum to total hours of employment made to publish notices of cancellation Piggly Wiggly, food stores: Morgan Plaza of all employees. of hearings as promptly as possible, but Shopping Center, Hartselle, AL, 5-20-74; interested parties should take appropri­ South Market Street, Moulton, AL, 6-15-74; BUI Crook’s Food Town, food store; Nash- ate steps to insure that they are notified 226 North Waukesha Street, Bonifay, FL, vUle, TN; bagger, stock clerk; 10 to 11 per­ cent; 6-3-74. of cancellation or postponements of 5-24-74; Cotton Street, Graceville, FL, hearings in which they are interested. 5- 24-74; NE. West Lafayette Street, Mari­ Chets Town and Country, food store; Will- anna, FL, 5-24-74; 105 Mulberry Street, Du­ mar, MN; carry out, stock clerk; 19 to 23 per­ No amendments will be entertained rant, MS, 5—21—74; 600 Mulberry Street, cent; 6-10-74. after the date of this publication. Durant, MS, 5-21-74; 16th Street, Laurel, Edward & Anthony Pharmacy, food store; No. 35782, Board of Trade of the City of Chi- MS, 5-27-74; No. 5, West Florence, SC, 6510 O’Donnell Street, Baltimore, MD; sales­ cago-V-Burlington Northern, Inc., Et M 6- 6-74; 701 West Ennis Avenue, Ennis, TX, clerk, delivery clerk; 15 to 33 percent; 5- now assigned hearing October 1, 1973, *• 6- 11—*74. 31-74. Chicago, IU., Is cancelled.

FEDERAL REGISTER, V O L 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21465

MC-119631 Sub 20, Deioma Trucking Com the quality of the human environment (1) Grain and grain products. As in tariff pany, now assigned August 29, 1973, at within the meaning of the National En­ X-295, grain rate increase tables shall pro­ Washington, D.C., is cancelled and trans­ vironmental Policy Act of 1969; gress in one-half cent increments. ferred to Modified Procedure. (2) Meats and packinghouse products. On It further appearing, that rate in­ meats and packinghouse products, the rates [seal] Robert *L. Oswald, creases for commodities or services pro­ may not be increased prior to September 12, Secretary. vided by a public utility are exempt from 1973. TER Doc.73-16385 Piled 8-7-73; 8:45 am] the Cost of Living Council’s proposed (3) Petroleum and coal coke. On petroleum Phase IV regulations (6 CJH . § 150.56; and coal coke and petroleum, coal or coke 38 F.R. 19472, July 20, 1973), but that briquettes, the rate increase shall not exceed [Ex Parte No. 295] economic stabilization considerations the increase on bituminous coal. (4) Salt cake. On salt cake (sodium sul­ CLASS I RAILROADS and guidelines have been taken into ac­ fate) , the rate increase on movements to count herein, and that the increases, to Southern Territory shaU not exceed the in­ Increased Freight Rates and Charges, the extent authorized, are in the aggre­ 1973, Nationwide crease on caustic soda within Southern Ter­ gate cost-justified and do not reflect fu­ ritory. August 3,1973. ture inflationary expectations, will not (5) Fresh and processed fruits and vege­ It appearing that on Jime 29, 1973, increase rate of return on capital, and tables. On fresh and processed fruits and are the minimum required to assure con­ vegetables, including dry edible beans, po­ substantially all of the Class I railroads tatoes and onions, the rate increase shall not and numerous other carriers filed sched­ tinued, adequate and safe service or to exceed 6 cents per hundred pounds. ules of increased rates and charges under provide for necessary expansion to meet (6) Walnuts, shelled or unshelled. The rate authority of section 6 of the Interstate future requirements, recognizing in this increase on walnuts shall not exceed'6 cents Commerce Act and the Commission’s regard expected and obtainable produc­ per hundred pounds. Special Permission Order No. 73-4700, of tivity gains which, however, are not in X7) Foodstuffs, canned or preserved. On June 11, 1973, as amended, said tariff the aggregate of sufficient magnitude to foodstuffs, canned or preserved, the rate in­ offset the carriers’ demonstrated needs crease shall not exceed 6 cents per hundred schedules having been filed subject to pounds. possible investigation and suspension for additional revenues to meet increased and bearing an effective date of July 29, operating expenses; It is further ordered, That an investi­ 1973, postponed by tariff supplement And it further appearing, that the gation be, and it is hereby, instituted into until August 13,1973, in accordance with Commission having considered the evi­ and concerning the lawfulness of all the price stabilization requirements, as dence and arguments of the parties as rates, charges, and regulations which follows: set forth in verified statements, replies, were contained in the suspended sched­ and protests, there is reason to believe TARIFF OP INCREASED RATES AND ules, as aforesaid, as well as the sched­ CHARGES, X—295, Issued jointly by West­ from preliminary review that the sched­ ules herein authorized to be filed, with ern Trunk Line Committee, Agent, its I.C.C. ules as filed would, if permitted to be­ a view to making such findings and or­ No. A-4885, and other designated agents: come effective, result in rates and ders in the premises as the facts and cir­ Tariff X—295 and Supplements Nos. 1, 2, charges which would be unjust and un­ cumstances shall warrant, all the said 3,4, and 5 thereto: reasonable and otherwise unlawful under schedules to be subject to refund provi­ It further appearing, that by petition the Interstate Commerce Act, therefore; sion; and verified statements dated April 20, It is ordered, That the operation of It is further ordered, That no oral 1973, as amended May 9, 1973, the above the following schedules be, and it is hearing is contemplated and a report carriers requested the issuance o f orders hereby, suspended, and that the use upon investigation ■will be issued upon granting relief from outstanding orders thereof in interstate and foreign com­ the record as made, including for this entered by the Commission, relief from merce be deferred to and including purpose protests as well as replies and section 4 of the Act, and all other relief March 12, 1974, unless otherwise ordered verified statements, except that, the rail­ necessary to permit the proposed general by the Commission: roads having filed a brief herein on increases to become effective, subject to TARIFF OF INCREASED RATES AND July 20, 1973, other parties should be the condition that refund be made in CHARGES, X-295, issued Jointly by West­ afforded a similar opportunity and ac­ the event that any increases (including ern Trunk Line Committee, Agent, its I.C.C. cordingly any party to these proceed­ interim increases) resulting from the No. A-4885, and other designated agents: ings (other than the carriers) may file Tariff X-295 and Supplements Nos. I, 2, a brief on or before August 24,1973. Such application of the tariff exceeded the 3, 4, and 5 thereto: increases subsequently approved or pre­ filing is not required, and no new evi­ scribed by the Commission. It is further ordered, That the carriers dence shall be included therein; It further appearing, that interested which are parties to this proceeding, be, It is further ordered, That in making parties were permitted to file replies to and they are hereby, authorized to es­ effective any increases in rates and tablish upon not less than 15 days’ notice charges herein authorized, the carriers the railroads’ petition on or before May to the Commjssion and the .public by fil­ parties to this proceeding be, and they 21,1973, and that protests1 and requests ing and posting in the manner prescribed are hereby, required to maintain and for suspension of the tariff schedules, as in the Interstate Commerce Act, an in­ preserve all existing port relationships well as replies thereto, were subsequently crease in rates and charges not to exceed (including those involving Great Lakes Sled on or before July 17 and July 20, 3 percent (except for disposition of frac­ and Pacific Coast ports) duly established 1973, respectively; tions) subject to maximums no higher by order of the Commission or recognized than specified in the suspended tariff of customs of the trade, and to observe the It further appearing, that the pro­ increased rates and charges, X-295, or in prohibitions of the Interstate Commerce posed increases are not applicable to connecting link supplements proposed to Act with regard to unjust discrimina­ commodities transported for recycling be made subject to said tariff, X-295, and tion and undue arid unreasonable pref­ Purposes; • in no event to produce greater revenue erence and prejudice; It further appearing, that insofar as in connection with any rate or charge on It is further ordered, That copies of increases are hereinafter authorized, any particular commodity or service than any tariff filed hereunder shall be trans­ proposed in X-295, and subject further mitted by first-class mail to all parties at Pending investigation, said increases will to a refund provision the same as set the same time as the official filing at the Pot have a significant adverse effect upon forth in the aforesaid tariff of increased Commission; rates and charges, X-295, but providing And it is further ordered, That all out­ ^eluding a late-filed protest of the Colo- * for six (6) percent interest; aao Meat Dealers Association which has It is further ordered, That the rate in­ standing orders of the Commission be, een accepted for filing pursuant to its peti- creases herein authorized, pending inves­ and they are hereby, modified to permit nr”+ * *eave ^le and a supplementary tigation, shall be subject to the following the increases authorized herein to be­ protest of the American Meat Institute. limitations and holddowns: come effective.

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21466 NOTICES

[Fourth Section Order No. 20434] and charges authorized by the Commis­ FILING OF MOTOR CARRIER INTRASTATE APPLICATIONS It appearing, that carriers parties to sion in this order, subject to the terms, the proceeding applied for relief from the conditions and limitations provided A ugust 3, 1973. provisions of section 4 of the Act neces­ therein. The following applications for motor sary to establish the rates and charges By the Commission. common carrier authority to operate in originally sought; that the increases in intrastate commerce seek concurrent [ seal] R obert L. O sw ald, rates and charges authorized herein can­ Secretary. motor carrier authorization in interstate not be published and made effective with­ or foreign commerce within the limits of out producing in some instances rates or [PR Doc.73-16394 Filed 8-7-73;8:45 am] the intrastate authority sought, pursu­ charges that yield greater compensation ant to section 206(a) (6) of the Interstate in the aggregate for the transportation [No. MC 34778] Commerce Act, as amended October 15, of like kind of property for a shorter 1962. These applications are governed than for a longer distance over the same COCHRAN TERMINAL AND by Special Rule 1.245 of the Commis­ line or route in the same direction, or TRANSPORTATION CO. sion’s Rules of Practice, published in the greater compensation as a through rate Filing of Petition for Modification, Clarifi­ F ederal R egister, issued of April 11,1963, or charge than the aggregate-of-inter- cation, and Amendment of Certificate page 3533, tfhich provides, among other mediate rates or charges subject to the things, that protests and requests for J u l y 17,1973. Act, in. contravention of section 4 information concerning the time and thereof; that the increased cost of rail­ Petitioner: COCHRAN TERMINAL place of State Commission hearings or road operation necessitates the increases AND TRANSPORTATION CO. Bloom­ o t h e r proceedinés, any subsequent in rates and charges involved in this field, N.J. Petitioner’s' representative: changes therein, any other related mat­ proceeding which cannot be made effec­ George A. Olsen 69 Tonnele Avenue ters shall be directed to the State Com­ tive without fourth-section relief; that Jersey City, N.J. 07306 Petitioner holds mission with which the application is application of the increased charges to a certificate in No. MC-34778 authorizing filed and shall not be addressed to or filed or from more distant points will not re­ it to perform service in interstate or for­ with the Interstate Commerce Com­ sult in the establishment of rates to or eign commerce, over irregular routes, mission. from more distant points that are not transporting: General commodities (ex­ Applicant: McLAUGHLIN DRAYING reasonably compensatory; that no pro­ cept those of unusual value, classes A and CO. P.O. Box 1797 Sacramento, Calif. testant adequately opposed issuance of B explosives, household goods, as defined 95808 Applicant’s representative: Ray­ the fourth-section relief sought on the by the Commission, commodities in bulk, mond A. Greene, Jr. 100 Pine Street, ground that it would be adversely af­ and those requiring special equipment), Suite 2550 San Francisco, Calif. 94111 fected by the fourth-section departures between points in New York, N.Y. By the Certificate of public convenience and that may be created by the increased instant petition, petitioner requests that necessity sought to operate a freight rates; and that a special case has been an order be entered (a) to amend its cer­ service as follows: Transportation of presented in which the Commission may tificate to read: Between points in the general commodities, except as herein­ authorize relief from the provisions of New York, N.Y. commercial zone, as de­ after provided: Part I: (1) Between all section 4; scribed by the Commission in the report points and places in the San Francisco It is ordered, That carriers subject to in New York, N.Y., Commercial Zone, 1 Territory as described in Part II. (2) Be­ the Interstate Commerce Act and M.C.C. 665, or (2) the Commission issue tween all points and places on or within parties to said proceeding be, and they an appropriate order that the petitioner 20 miles of the following routes: .(a) are hereby, authorized to establish and be empowered and permitted to desig­ Interstate Highway 80 between Rose­ maintain the increased rates and charges nate as its terminal area, all points within ville and San Francisco, inclusive; (b) State Highway 21 between its intersec­ described herein without observing the which local operations may be conducted provisions of section 4 of the Act; tion with Interstate Highway 80 and its in the New York, N.Y., commercial zone intersection with Interstate Highway It is further ordered, That parties as defined by the Commission. to said proceeding be, and they are 680; inclusive; (c) Interstate Highway No oral hearing is contemplated at this 680 between its intersection with Inter­ hereby, authorized to establish and time; but anyone wishing to make repre­ maintain rates and charges permitted to state Highway 80 and its intersection sentations in favor, or against, the relief with State Highway 17, inclusive; (d) become effective in this order without sought in the petition may do so by the observing the long-and-short haul pro­ State Highway 24 between Oakland and submission of written data, views, or its intersection with Interstate Highway visions of section 4^ of the Act in cases arguments. An original and fifteen cop­ arising out of the failure to apply the 680, inclusive; (e) Interstate Highway ies of such data, views, or arguments 580 between Oakland and its intersec­ full increases in rates and charges over shall be filed with the Commission on interstate routes between points in a tion with Interstate Highway 205, inclu­ or before October 8, 1973. A copy of each sive; (f) Interstate Highway 205 between single State, in turn caused by the fail­ representation should be served upon pe­ ure of the State authorities to authorize its intersection with Interstate Highway titioner’s representative. Written mate­ 580 and U.S. Highway 50, inclusive; (g) the full increases permitted in this rial or suggestions submitted will be proceeding; U.S. Highway 50 between its intersec­ available for public inspection at the Of­ tion with Interstate Highway 205 and And it is further ordered, That in those fices of The Interstate Commerce Com­ Sacramento, inclusive; (h) State High­ instances in which rates in contravention mission, 12th and Constitution, Wash­ way 4 between its intersection with In­ of section 4 are established under au­ ington, D.C., during regular business terstate Highway 80 and Stockton, in­ thority contained herein, the schedule horns. clusive. In performing the service here­ containing such rates shall make refer­ Notice to the general public of the in authorized, applicant may make use ence to this order in the manner re­ matter herein under consideration will o f any and all streets, roads, highways quired by rule 28 of Tariff Circular and bridges necessary or convenient for No. 20. be given by depositing a copy of this notice in the Office of the Secretary of the performance of said service. Part II: A m endm ent to S pecial P erm ission N o . SAN FRANCISCO TERRITORY in­ the Commission for public inspection and 73-4700, as A mended, A u th o r izin g . cludes all the City of San Jose and that Certain D epartures F rom the C o m ­ by filing a copy thereof with the Director, area embraced by the following bound­ m issio n ’s P ublished T ariff R egu­ Office of the Federal Register. ary: Beginning at the point the San lations By the Commission. Francisco-San Mateo County Boundary It is ordered, That Special Permission [ seal] R obert L. O sw ald, Line meets the Pacific Ocean; thence No. 73-4700, as amended, be, and it is Secretary. easterly along said boundary line to a hereby, amended to permit the establish­ ment of the increases in freight rates [FR Doc.73-16390 Filed 8-7-73;8:45 am] point 1 mile west of U.S. Highway 101!

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21467

southerly along an imaginary line 1 mile No. 10-C of Minimum Rate Tariff No. o f Property, 1969, will be numbered con­ west of and paralleling U.S. Highway 4-A. (2) Automobiles, trucks and buses, secutively for convenience in identifica­ 101 to its intersection with Southern viz.: new and used, finished or unfin­ tion and protests, if any, should refer to Pacific Company right of way at Aras- ished passenger automobiles (including such letter-notices by number. tradero Road; southeasterly along the jeeps), ambulances, hearses and taxies; Southern Pacific Company right of way freight automobiles, automobile chassis, M otor Carriers of P roperty to Pollard Road, including industries trucks, truck chassis, truck trailers, No. MC-2245 (Deviation No. 5), THE served by the Southern Pacific Company trucks and trailers combined, buses and O. K. TRUCKING COMPANY, 3000 East spur line extending approximately .2 bus chassis. (3) Livestock, viz.: bucks, Crescentville Road, Cincinnati, Ohio miles southwest from Simla to Perma­ bulls, calves, cattle, cows, dairy cattle,' 45241, filed July 25, 1973. Carrier pro­ nente; easterly along Pollard Road to W. ewes, goats, hogs, horses, kids, lambs, poses to operate as a common carrier, by Parr Avenue; easterly along W. Parr oxen, pigs, sheep, sheep camp outfits, motor vehicle, of general commodities, Avenue to Capri Drive; southerly along sows, steers, stags or swine. (4) Liquids, with certain exceptions, over a deviation Capri Drive to E, Parr Avenue; easterly compressed gases, commodities in semi­ route as follows: From Columbus, Ohio, along E. Parr Avenue to the Southern plastic form and commodities in sus­ via Interstate Highway 70, to Indianap­ Pacific Company right of way; southerly pension in liquids in bulk, in tank trucks, olis, Ind., and return over the same route, along the Southern Pacific Company tank trailers, tank semitrailers, or a for operating convenience only. The no­ right of way to the Campbell-Los combination of such highway vehicles. tice indicates that the carrier is pres­ Gatos city lim its; easterly along said (5) Commodities when transported in ently authorized to transport the same limits and the prolongation thereof bulk in dump trucks or in hopper-type commodities over a pertinent service to the San Jose-Los Gatos Road; trucks. (6) Commodities when trans­ route as follows: From Columbus, Ohio, northeasterly along San Jose-Los ported in motor vehicles equipped for over Interstate Highway 71 to Cincinnati, Gatos Road to Foxworthy Avenue; mechanical mixing in transit. (7) Ohio, thence over U.S. Highway 50 to easterly along Foxworthy Avenue to Cement. (8) Logs. (9) Commodities of Versailles, Ind., thence over U.S. High­ Almaden Road; southerly along Alma- unusual or extraordinary value. Intra­ way 421 to Indianapolis, Ind., and return • den Road to Hillsdale Avenue; easterly state, interstate and foreign commerce over the same routes. along Hillsdale Avenue to U.S. Highway authority sought. 101; northwesterly along U.S. Highway No. MC-30605 (Deviation No. 23), THE HEARING: Date, time and place not SANTA FE TRAIL TRANSPORTATION 101 to Tully Road; northeasterly along shown. Requests for procedural infor­ Tully Road to W hite Road; northwest­ COMPANY, 433 East Waterman, W ich­ mation should be addressed to the Cali­ ita, Kansas 67201, filed July 25, 1973. erly along White Road to McKee Road; fornia Public Utilities Commission, State southwesterly along McKee Road to Carrier proposes to operate as a com­ Building, Civic Center, 455 Golden Gate mon carrier, by motor vehicle, of general Capitol Avenue; northwesterly along Avenue, San Francisco, Calif. 94102, Capitol Avenue to State Highway 17 commodities, with certain exceptions, and should not be directed to the Inter­ over a deviation route as follows: From (Oakland Road) ; northerly along State state Commerce Commission. Highway 17 to Warm Springs; northerly the junction o f U.S. Highways 66 and 75, along the unnumbered highway via Mis­ By the Commission. 9 miles south and west of Tulsa, Okla­ homa, over U.S. Highway 75 to its junc­ sion San Jose and Niles to Hayward; [ seal] R obert L. O swald, northerly along Foothill Boulevard to tion -with Indian Nation Turnpike, Secretary. thence over Indian Nation Turnpike to Seminary Avenue; easterly along Semi­ [FR Doc.73-10389 Filed 8-7-73;8:45 am] nary Avenue to Mountain Boulevard; its junction with U.S. Highway 69, thence northerly along Mountain Boulevard and over U.S. Highway 69 to its junction with Moraga, Avenue to Estates Drive; west­ [Notice 28] U.S. Highway 75, thence over U.S. High­ erly along Estates Drive, Harbord Drive way 69 and 75 to Dallas, Texas, and re­ MOTOR CARRIER ALTERNATE ROUTE turn over the same route, for operating and Broadway Terrace to College Ave­ DEVIATION NOTICES nue; northerly along College Avenue to convenience only. The notice indicates Dwight Way; easterly along Dwight Way August 3, 1973. that the carrier is presently authorized to to the Berkeley-Oakland boundary line; transport the same commodities over The following letter-notices of pro­ pertinent service routes as follows: (1) northerly along said boundary line to posals (except as otherwise specifically the campus boundary of the University from Tulsa, Okla., over U.S. Highway 66 noted, each applicant states that there to Oklahoma City, Okla., serving all of California; northerly and westerly will be no significant effect on the quality along the campus boundary of the Uni­ intermediate points, (2) from Oklahoma of the human environment resulting Cityt Okla., over U.S. Highway 77 Via versity of California to Euclid Avenue; from approval of its application), to op­ northerly along Euclid Avenue to Marin erate over deviation routes for operating Norman, Purcell, Pauls Valley, Davis, Avenue; westerly along Marin Avenue convenience only have been filed with Springer, and Ardmore, Okla., to Mari­ to Arlington Avenue; northerly along etta, Okla., serving all intermediate the Interstate Commerce Commission points, (3) from Marietta, Okla., over Arlington Avenue to U.S. Highway 40 under the Commission’s Revised Devia­ (San Pablo Avenue) ; northerly along U.S. Highway 77 (Interstate Highways 35 tion Rules-Motor Carriers of Property, and 35E) to Dallas, Tex., serving no U S. Highway 40 to and including the 1969 (49 CFR 1042.4(c) (I D ) and notice City of Richmond; southwesterly along thereof to all interested persons is hereby intermediate points, but serving the the highway extending from the City of given as provided in such rules (49 CFR junction o f U.S. Highways 77 and 377 Richmond to Point Richmond; south­ 1042.4 (c) (11) ) . (Interstate Highways 35 and 35E) for the erly along an imaginary line from Point Protests against the use of any pro­ purpose of joinder only, and (4) from Richmond to the San Francisco Water- posed deviation route herein described junction U.S. Highway 77 (Interstate ront at the foot o f Market Street; west­ may be filed with the Interstate Com­ erly along said waterfront and shore merce Commission in the manner and Highways 35 and 35E) and U.S. Highway hue to the Pacific Ocean; southerly along form provided in such rules (49 CFR 377 over U.S. Highway 377 to Fort W orth, the shore line o f the Pacific Ocean to 1042.4(c) (12) at any time, but will not Tex., serving no intermediate points, and Point of beginning. EXCEPT THAT ap­ operate to, stay commencement of the return over the same routes. plicant shall not transport any ship­ proposed operations unless filed within By the Commission. ments of: (l) Used household goods and 30 days from the date of publication. personal effects not packed in accord- Successively filed letter-notices of the [seal] R obert L. O swald, nce with the crated property require­ same carrier under the Commission’s Secretary. ments set forth in paragraph (d) of Item Revised Deviation Rules-Motor Carriers [FR Doc. 73-16388 Filed 8-7-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21468 NOTICES

[Notice No. 330] cations here noticed will not necessarily necessity require operation by applicant, MOTOR CARRIER BOARD TRANSFER reflect the phraseology set forth in the in interstate or foreign commerce, as a PROCEEDINGS application as filed, but also will elimi­ common carrier, by m otor vehicle, over nate any restrictions which are not irregular routes, of lime, in bulk, in tank Synopses of orders entered by the acceptable by the Commission. or hopper type vehicles, (1) from the Motor Carrier Board of the Commission Motor Carriers of P roperty plant site of McDonough Bros., Inc., at pursuant to sections 212(b), 206(a), 211, or near San Antonio, Tex., to points in 312(b), and 410(g) of the Interstate No. MC 128868 (Sub-No. 3) (REPUB­ Louisiana, New Mexico, and Oklahoma; Commerce Act, and rules and regulations LICATION) filed December 5,1972, pub­ (2) from the plant site o f United States prescribed thereunder (49 CFR Part lished in the FR issue o f January 26,1973, Gypsum Company, at or near New 1132), appear below: and republished this issue. Braunfels, Tex., to points in Oklahoma; Each application (except as otherwise Applicant: TEXAS CONSTRUCTION (3) from the plant site of Austin White specifically noted) filed after March 27, SERVICE COMPANY OF AUSTIN, a Lime Company, at or near McNeil, Tex., 1972, contains a statement by applicants Corporation, Route No. 2, Box 78-A, to points in Louisiana, New Mexico, and that there will be no significant effect on Round Rock, T X 78664 Applicant’s rep­ Oklahoma; (4) from the plant site of the quality of the human environment resentative: Joe T. Lanham 1102 Perry- Round Rock Lime Company, at or near resulting from approval of the applica­ Brooks Building Austin, T X 78701 An Or­ Blum, Tex., to points in Louisiana, New tion. As provided in the Commission’s der of the Commission, Operating Rights Mexico, and Oklahoma; and (5) from Special Rules of Practice any interested Board, dated July 11, 1973, and served the plant site of Chemical Lime, Inc., at person may file a petition seeking re­ July 27, 1973, finds that the present and or near Clifton, Tex., to points in Lou­ consideration of the following numbered future public convenience and necessity isiana, New Mexico, and Oklahoma; that proceedings on or before August 28,1973. require operation by applicant, in inter­ applicant is fit, willing, and able properly Pursuant to section 17(8) of the Inter­ state or foreign commerce, as a common to perform such service and to conform state Commerce Act, the filing of such carrier by motor vehicle, over irregular to the requirements o f the Interstate a petition will postpone the effective date routes, of lime, in bulk, in tank or hopper Commerce Act and the Commission’s of the order in that proceeding pending type vehicles, (1) from the plant site of rules and regulations thereunder; and its disposition. The matters relied upon McDonough Bros., Inc., at or near San that an appropriate certificate should be by petitioners must be specified in their Antonio, Tex., to points in Louisiana, issued. Because it is possible that other petitions with particularity. New Mexico, and Oklahoma; (2) from parties who have relied upon the notice No. MC-FC-74350. By order of August 1, the plant site of United States Gypsum of the application as published, may have 1973, the Motor Carrier Board approved the Company at or near New Braunfels, Tex., an interest in and would be prejudice by transfer to Victor L. Lange, doing business as to points in Louisiana, New Mexico, and the lack of proper notice of the authority Lange Truck Lines, Pleasanton, Texas, of the Oklahoma; (3) from the plant site of described above, issuance of a certificate operating rights in Certificate No. MC—26051 and Certificate of Registration No. MC 26051 Austin White Lime Company, at or near in this proceeding will be withheld for a (Sub-No. 4) issued June 22, 1970 to Boerne McNeil, Tex., to points in Oklahoma; (4) period of 30 days from the date of this Truck Lines, Inc., San Antonio, Texas, au­ from the plant site of Round Rock Lime publication o f the authority actually thorizing the transportation of general com­ Company, at or near Blum, Tex., to granted, -during which period any proper modities, with exceptions, between Boerne points in Louisiana, New Mexico, and party in interest may file an appropriate and San Antonio, Tex. and evidencing a right Oklahoma; and (5) from the plant site petition for intervention or other relief in to engage in transportation in interstate of Chemical Lime, Inc., at or near Clifton, this proceeding setting forth in detail the commerce as described in Common Carrier Tex., to points in Louisiana, New Mexico, precise manner in which it has been so Motor Carrier Permanent Certificate of Con­ venience and Necessity No. 2650 issued by the and Oklahoma; that applicant is fit, will­ prejudiced. Railroad Commission of Texas. Wallace H. ing, and able properly to perform such No. MC 136664 (Sub-No. 1). (REPUB­ Nations, 904 Lavaca St., Austin, Texas 78767 service and to conform to the require­ LICATION) filed January 29, 1973, pub­ Attorney for applicants. ments of the Interstate Commerce Act lished in the FR issue of March 15,1973, and the Commission’s rules and regula­ [seal! Robert L. Oswald, and republished this issue. Applicant: Secretary. tions thereunder; and that an appro­ NORTH AMERICA MOVERS OF N. C. priate certificate should be issued. Be­ INC. 16 Piney Park Road Asheville, N.C. [PR Doc.73-16393 Filed 8-7-73;8:45 am] cause it is possible that other parties who 28806 Applicant’s representative: have relied upon the notice of the appli­ Howard E. Frazier (same address as ap­ [Notice 61] cation* as published, may have an in­ plicant) An Order of the Commission, terest in and would be prejudiced by the Operating Rights Board, dated July 6, MOTOR CARRIER APPLICATIONS AND lack of proper notice of the authority CERTAIN OTHER PROCEEDINGS 1973, and served July 23, 1973 finds that described above, issuance of a certificate operation by applicant, in interstate or August 3, 1973. in this proceeding will be withheld for a foreign commerce, as a contract carrier, The following publications (except as period of 30 days from the date of this by motor vehicle, over irregular routes, otherwise specifically noted, each appli­ publication of the authority actually of telephone equipment, materials, and cant (on applications filed, after March granted, during which period any proper supplies, between Asheville, N. C., on the 27, 1972) states that there will be sig­ party in interest may file an appropriate one hand, and, on the other, points in petition for intervention or other relief nificant effect on the quality of the hu­ Buncombe, Cherokee, Clay, Graham, in this proceeding setting forth in detail Haywood, Henderson, Jackson, Macon, man environment resulting from ap­ the precise manner in which it has been 'Madison, Polk, Swain, and Transylvania proval of its application), are governed so prejudiced. Counties, N.C., under a continuing con­ by the new Special Rule 1100.247 o f the No. MC 128870 (Sub-No. 2) (REPUB­ tract or contracts with Western Electric Commission’s Rules of Practice, pub­ LICATION) filed December 5,1972, pub­ Company, Inc., will be consistent with the lished in the Federal Register, issue of lished in the FR issue of January 26,1973, public interest and the national trans­ • December 3, 1963, Which became effec­ and republished this issue. portation policy; that applicant is fit, willing, and able to properly perform tive January 1, 1964. Applicant: NATIONAL MATERIALS CORPORATION P.O. Box 187 New such service and to conform to the re­ The publications hereinafter set forth quirements of the - Interstate Commerce reflect the scope of the applications as Braunfels, T X 78130 Applicant’s repre­ Act and the Commission’s rules and reg­ sentative: Joe T. Lanham 1102 Perry- ulations thereunder; that an appropriate filed by applicant, and may include de­ Brooks Building Austin, T X 78701 An scriptions, restrictions, or limitations permit should be issued. Because it is pos­ Order of the Commission, Operating sible that other parties who have reiiea which are not in a form acceptable to the Rights Board, dated July 11, 1973, and Commission. Authority which ultimately served July 27, 1973, finds that the p res-' upon the notice of the application as may be granted as a result of the appli­ ent and future public convenience and published, may have an interest in and

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21469 would be prejudiced by the lack of proper salt, from the facilities of the Morton ing, and able properly to perform op­ notice of the authority described above, Salt Company, Division of Morton Inter­ erations under the rights sought to be issuance of a permit in this proceeding national, Inc., at Milo, N.Y., to points in acquired; and whether the application will be withheld for a period o f 30 days Connecticut, Delaware, Maine, Maryland, otherwise conforms with the Rules and from the date of this publication of the Massachusetts, New Hampshire, New Regulations Governing Transfers of authority actually granted, during which Jersey, Ohio, Pennsylvania, Rhode Is­ ^Rights to Operate as a Motor Carrier in period any proper party in interest may land, Virginia, West Virginia and the Interstate or Foreign Commerce (49 file an appropriate petition for interven­ District of Columbia, restricted to a C.F.R. 1132). Interested parties have 30 tion or other relief in this proceeding transportation service to be performed days from the date of this publication in setting forth in detail the precise manner under a continuing contract or contracts which to file petitions for leave to inter­ in which it has been so prejudiced. with Morton Salt Company, Division of vene. Such petitions should state the rea­ Notices op P iling P etitions Morton International; Inc., of Chicago, son or reasons for the intervention, 111. By the instant petition, petitioner where the petitioner wishes the hearing No. MC 18259 (Sub-No. 2) (NOTICE seeks to modify its commodity descrip­ to be held,- the number of witnesses to OP PILING OP PETITION TO MODIFY tion to include salt products in the au­ be presented, and the estimated time re­ PERMIT) filed July 17, 1973. Petitioner: thority described above. Any interested quired for the presentation of evidence. JACKSON DISTRIBUTION CORP. 348 person or persons desiring to participate The Bureau of Enforcement has been di­ W. Fayette Street Syracuse, N.Y. 13202 may file an original and six copies of his rected to participate as a party in the Petitioner’s representative: Norman M. written representations, views or argu­ proceeding for the purpose of presenting Pinsky 345 South Warran Street Syra­ ments in support of or against the peti­ evidence and otherwise developing the cuse N.Y. 13202 Petition presently holds tion within 30 days from the date of record. a motor contract carrier permit in No. publication in the F ederal R egister. MC-18259 (Sub-No. 2) issued November A pplications Under Sections 5 and 25,1970, authorizing transportation, over No. MC 126528 (NOTICE OF FILING 210a(b) OF PETITION TO MODIFY PERMIT irregular routes, o f such merchandise as The following applications are gov­ is dealt in by wholesale, retail, and chain BY ADDING AN ADDITIONAL ORIGIN AND SHIPPER) filed July 23, 1973. Pe­ erned by the Interstate Commerce Com­ grocery and food business houses, and, mission’s Special Rules governing notice in connection therewith, equipment ma­ titioner: BULK HAULERS, INC. P.O. Box 407 Airport Road Nashua, N.H. 03060 of filing of applications by motor car­ terials, and supplies used in the conduct riers of property or passengers under of such business, from Syracuse, N.Y., to Petitioner’s representative: T. J. O’Laughlin, Jr. (Same address as peti­ Sections 5(a) and 210a(b) of the Inter­ points in St. Lawrence, Franklin, Steu­ state Commerce Act and certain other ben, Schulyer, Chemung, Tioga, Broome, tioner) Petitioner presently holds a m otor contract carrier permit in No. MC proceedings with respect thereto. (49 Chenango, Delaware, Otsego, Schoharie, CFR 1.240.) Montgomery, Pulton, Herkimer and 126528 issued May 10, 1965, authorizing Schenectady Counties, N.Y., and points transportation, by motor vehicle, over M otor Carriers of P roperty in Bradford and Susquehanna Counties, irregular routes, of pig iron, in dump vehicles, from the plant site of the United No. MC-F-11945. Authority sought for Pa., under a continuing contract or con­ purchase by G & H TRANSPORTATION, tracts with the following shipper: Sugar- States Steel Corporation located at Nashua, N.H., to points in Connecticut, INC., 1501 Chapin Rd., Montebello, CA dale Poods, Inc., Canton, Ohio, Hygrade 90640, o f the operating rights o f B. W. Pood Products Corporation, Detroit, Maine, Massachusetts, Rhode Island, and Vermont, under a continuing contract HODGE TRANSPORTATION, INC., and Mich., Geo A. Hormel & Company, for acquisition by JERRY GOODWILL, Austin, Minn., Armour and Company, with the United States Steel Corporation. By the instant petition, petitioner seeks both of Montebello, CA 90640, of control Chicago, HI., Escro Storage & Cartage, of such rights through the purchase. Ap­ Inc., Buffalo, N.Y., Missouri Beef Packers, to: (a) include as a point of origin the “plant site of The Hanna Furnace Cor­ plicants’ attorney: Donald Murchison, Inc., Rock Port, Mo., Spencer Packing 9454 Wilshire Blvd., Beverly Hills, CA Co., Spencer, Iowa, Wilson & Company, poration”, and (b) add The Hanna Fur­ nace Corporation at Nashua; N.H. as an 90212. Operating rights sought to be Syracuse, N.Y., John M orrell & Co., transferred: Under a certificate of reg­ Otumway, Iowa, American Beef Packers, additional contracting shipper. Any in­ terested person or persons desiring to istration, in Docket No. MC-99936 (Sub- Oakland, Iowa, The Rath Packing Com­ No. 1), covering the transportation of pany, Waterloo, Iowa. Dubuque Packing participate may file an original and six copies of his written representations, general commodities, as a common car­ Company, Dubuque, Iowa, South Chi­ rier, in interstate commerce, within the cago, Packing Co., Chicago, 111., The views or arguments in support of or against the petition within 30 days from State of California. Vendee is author­ Prank Tea & Spice Co., Cincinnati, Ohio, ized to operate as a common carrier in and Chelsea Milling Co., Chelsea, Mich. the date of publication in the F ederal R egister. California. Application has not been By the instant petition, petitioner seeks filed for temporary authority under sec­ to: (a) delete The Frank Tea & Spice Co. No. MC-FC-74342. Authority sought tion 210a(b). and Chelsea Milling Co. as contracting by transferee, 160 W. Master St., Inc., shippers, and (b) add Loblaw Stores, Inc. 160 W. Master Street, Philadelphia, Pa. No. MC-F-11946. Authority sought for as an additional contracting shipper. Any 19122, form erly Hilda Pflaumer, 1735 N. control by RYDER SYSTEM, INC., 2701 Interested person or persons desiring to 10th St., Philadelphia, Pa. 19122, for So. Bayshore Drive, Miami, FL 33133 of Participate may file an original and six purchase of the operating rights of trans­ (1) MERCHANTS DELIVERY CO., and copies of his written representations, feror, Trip Transport, Inc., 3301 South (2) MERCHANTS CONTRACT DE­ views or arguments in support of or Galloway Street, Philadelphia, Pa. 19148. LIVERIES, INC., both o f 1212 E. 19th St., against the petition within 30 days from Applicant’s representative: James H. Kansas City, MO 61408, and for acquisi­ the date of publication in the F ederal Sweeney, 850 Charles St. Gloucester tion by JAMES A. RYDER, RALPH B. Register. City, N.J. 08030. Operating rights in Cer­ RYDER, ROLAND N. REEDY, JAR No. MC 114115 (Sub-No. 22) (NOTICE tificate No. MC-42087 sought to be trans­ CORPORATION, JAMES A. RYDER OP PILING OP PETITION TO MODIFY ferred: various specified commodities, CORPORATION, AND RIDR, INC., all A COMMODITY DESCRIPTION) filed from, to, or between points in New Jer­ of 2701 So. Bayshore Drive, Miami, FL July 19, 1973. Petitioner: TRUCKWAY sey, Maryland, Pennsylvania, Delaware, 33133, o f control o f MERCHANTS DE­ SERVICE, INC. 1099 Oakwood Blvd. and New York. LIVERY CO., AND MERCHANTS CON­ Detroit, Mich. 48217 Petitioner’s repre­ The subject application under section TRACT DELIVERIES, INC., through the sentative: James R. Stiverson 50 West 212(b) of the Interstate Commerce Act acquisition by RYDER SYSTEM, INC. Broad Street Columbus, Ohio 43215 Peti­ is to be assigned for hearing at a time Applicants’ attorney and representative: tioner presently holds a m otor contract and place to be fixed, for the purpose Francis W. M clnem y, Suite 502, Solar carrier permit in No. MC-114115 (Sub- of determining, among other things, Bldg., 1000 16th St., N.W., Washington, r 0,22) issued June 22, 1971, authorizing whether transferee is the real party in DC 20036, arid Roderick C. Dickinson, transportation, over irregular routes, of interest and if so, whether it is fit, will- 2701 So. Bayshore Drive, Miami, FL

No. 152------12 FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21470 NOTICES

33133. Operating rights sought to be con­ Kentucky, West Virginia, Maryland, vided for under the new rules of Ex Parte trolled: (1) General commodities, ex­ New York, New Jersey, Massachusetts, No. MC-67, (49 CFR 1131) published in cepting among others classes A and B Colorado, Nebraska, Wyoming, Kansas, the Federal R egister, issue of April 27, explosives, household goods and com­ Delaware, Connecticut, North Dakota, 1965, effective July 1, 1965. These rules modities in bulk, as a common carrier South Dakota, Arkansas, Oklahoma, provide that protests to the granting of over irregular routes, between points in Texas, Tennessee, Louisiana, Maine, New an application must be filed with the field a described area of eastern Nebraska, Hampshire, and the District of Colum­ official named in the F ederal R egister Kansas, Oklahoma and western Missouri, bia. Application has been filed for tem­ publication, within 15 calendar days after between points in a described area of porary authority under section 210a(b). the date of notice of the filing of the ap­ eastern Kansas and western Missouri, NOTE: MC-35628 (Sub-No. 351), is a plication is published in the F ederal with restrictions; (2) general commodi­ matter directly related. R egister. One copy of such protests must be served on the applicant, or its au­ ties, excepting among others, dangerous N otice explosives, livestock, household goods thorized representative, if any, and the and commodities in bulk, as a common GEORGIA-PACIFIC CORPORATION, protests must certify that such service carrier over irregular routes, from 900 S.W. Fifth Avenue, Portland, Oregon has been made. The protests must be Kansas City, Mo.', to points and places 97204, represented by Messers. McNair, specific as to the service which such in Leavenworth, Johnson, and Wyan­ Konduros, Corley, Singletary and Dibble, Protestant can and will offer, and must dotte Counties, Kans.; such merchandise Box J-1965, Jefferson Square, Columbia, consist of a signed original and six (6) as is dealt in by retail department South Carolina 29201, hereby give notice copies. stores, from points and places in Leaven­ that on the 13th day of July, 1973, it filed A copy of the application is on file, and worth, Johnson, and Wyandotte Coun­ with the Interstate Commerce Commis­ can be examined at the Offiee of the ties, Kans., to Kansas City, Mo., between sion at Washington, D.C., an application Secretary, Interstate Commerce Com- Kansas City, Mo., on the one hand, and, under the provisions of Section 5(2) of mision, Washington, D.C., and also in on the other, Kansas City, Kans., and the Interstate Commerce Act for author­ field office to which protests are to be points and places in that part of Kansas ity and approval to acquire all of the transmitted. stock of California Western Railroad within ten miles of Kansas City, Mo., and M otor Carriers of Property Kansas City, Kans.; such merchandise which operates approximately 40 miles as is dealt in by retail department and of lines extending from Willits to Fort No. MC 531 (Sub-No. 293 TA) filed mail order stores, from Kansas City, Mo., Bragg all of which is in the State of July 19, 1973 Applicant: YOUNGER to points in a described area of Kansas, California. This application has been BROTHERS, INC. P.O. Box 14048 (4904 from Kansas City, Ma., to points in a de­ assigned Finance Docket No. 27442. In Griggs Road) Houston, Tex. 77021 Ap­ scribed area of Kansas; such merchan­ the opinion of the applicant, no signifi­ plicant’s representative: Wray E. Hughes dise as is dealt in by retail department cant affect on the quality of the human (same address as above) Authority and mail order stores, when being re­ environment will result from the acqui­ sought to operate as a common carrier, turned to such stores for repair or reno­ sition of said railroad. In accordance by motor vehicle, over irregular routes vation, or in exchange or part payment with the Commission’s regulations (49 transporting: Silicon tetrachloride, in for new merchandise, from points in a CFR 1100.250) in Ex Parte No. 55 (Sub- bulk, in tank vehicles, from points in described area of Kansas to Kansas City, No. 4 ), Implementation-National Envi­ Maricopa County, Ariz., to Sistersville, Mo. RYDER SYSTEM, INC., holds no au­ ronmental Policy A ct, 1969, 304 I.C.C. 431 W. Va., for 180 days. SUPPORTING thority from this Commission. However, (1972), any protest may include a state­ SHIPPER: Motorola Inc., P.O. Box it is affiliated with (1) COMPLETE ment indicating the presence or absence 20921, Phoenix, Ariz. 85036. SEND PRO­ AUTO TRANSIT, INC., 18544 W. Eight of any effect of the requested Commis­ TESTS TO : John F. Mens in g, District Mile Rd., Southfield, MI 48075, and (2) sion action cm the quality of the human Supervisor, Bureau o f Operations, Inter­ M. & G. CONVOY, INC., P. O. Box 104, environment. If any such effect is alleged state Cpmmerce Commission, Room 8610 Buffalo, NY 14210, (1) which is author­ to be present, the statement shall in­ Federal Bldg., 515 Rusk Avenue, Houston, ized to operate as a contract carrier in clude information relating to the rele­ Tex. 77002. all of the States in the United States (ex­ vant factors set forth in Ex Parte No. 55 No. MC 3252 (Sub-No. 86 TA) filed cept Alaska and Hawaii) , and (2) which (Sub-No. 4), Supra Part (b) (1)—(5), 340 July 13, 1973 Applicant: MERRILL is authorized to operate as a common I.C.C. 431, 461. The proceeding will be TRANSPORT CO. 1037 Forest Avenue carrier in all of the States in the United handled without holding public hearings Portland, Maine 04103 Applicant’s rep­ States (except Alaska and Hawaii). Ap­ unless protests are received which con­ resentative: Francis E. Barrett, Jr. 10 plication has not been filed for temporary tain information indicating a need for Industrial Park Road Hingham, Mass. authority under section 210a (b). such hearings. Any protest submitted 02043 Authority sought to operate as a shall be filed with the Commission no No. MC-F-11947. Authority sought for common carrier, by motor vehicle, over later than 30 days from the date of first irregular routes, transporting: Structural purchase by INTERSTATE MOTOR publication in the F ederal R egister. FREIGHT SYSTEM, 134 Grandville, steel requiring specialized equipment or S.W., Grand Rapids, MI 49502, of the G eorgia-P acific Corporation handling, from Bennington, Vt., to Wind­ operating rights of J. P. GALVIN, INC., By the Commission. sor, Conn., for 180 days. SUPPORTING 10 Maxwell Rd., M ilton, MA 02186, and SHIPPER: Bennington Iron Works, Inc., for acquisition by FUQUA INDUSTRIES, [■seal] R obert L. Oswald, Harmon Road, Box 798, Bennington, Vt. INC., 3800 First National Bank Tower, Secretary. 05201. SEND PROTESTS TO : Donald G. Atlanta, GA 30303, o f control o f such [FR Doc.73-16391 Filed 8-7-73;8:45 am] Weiler, District Supervisor, Bureau of rights through the purchase Applicants’ Operations, Interstate Commerce Com­ attorneys: Leonard D. Verdier, Jr., 900 mission, Em. 307, 76 Pearl Street, P.O. Old Kent Bldg., Grand Rapids, MI [Notice 104] Box 167 PSS, Portland, Maine 04112. 49502, and Harold G. Danner, 10 Indus­ MOTOR CARRIER TEMPORARY No. MC 7921 (Sub-No. 1 TA) filed July trial Park Road, Hingham, MA 02043. AUTHORITY APPLICATIONS 23, 1973 Applicant: HARRY MEEKER Operating rights sought to be trans­ A ugust 2,1973. OVERBAUGH 119 Grandview Avenue ferred: Under a certificate of registra­ Catskill, N.Y. 12414 Applicant’s repre­ tion, in Docket No. MC-120454 (Sub-No. The following are notices of filing of application, except as otherwise specifi­ sentative: Alfred C. Purello 451 State St. 1), covering the transportation of gen­ cally noted, each applicant states that Albany, N.Y. 12203 Authority sought to eral commodities, as a common carrier, operate as a common carrier, by motor in interstate commerce, within the State there will be no significant effect on the quality Of the human environment result­ vehicle, over irregular routes, transport­ of Massachusetts, Vendee is authorized in g: Live wild animals which are usually to operate as a common carrier in Ohio, ing from approval of its application for found in zoos, circuses and other exhi­ Indiana, Pennsylvania, Minnesota, Wis­ temporary authority under section 210a bitions, including rare birds, semi-do­ consin, Iowa, Missouri, Illinois, Michigan, (a) of the Interstate Commerce Act pro­ mesticated animals, fish and reptiles, be-

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21471 tween the town of Catskill, N.Y., on the mercial Zone of the City of New York, and Virginia, for 180 days. SUPPORT­ one hand, and, on the other, all points and Hartford, Conn.; (2) from Great ING SHIPPER: Roger C. Henderson, in the United States (except Alaska and Barrington, Mass., to Providence, R.I.; President, Henderson Steel, Corporation, Hawaii), Alaska, on the one hand, and, Portland, Maine; Bennington, Vt.; New P.O. Box 3368, Meridian, Miss. 39301. on the other, points in the United States York, N.Y. and the Commercial Zone of SEND PROTESTS TO: Harold C. Jolliff, (except Alaska and Hawaii), Hawaii, the City Of New York; and (3) from New District Supervisor, Bureau of Opera­ restricted to the handling of traffic origi­ Marlboro, Mass., to Bennington, Vt.; tions Interstate Commerce Commission, nating at or destined to out o f.sta te Waterbury and Torrington, Conn.; Al­ Leland Office Bldg., 527 East Capitol points, for 180 days. SUPPORTING bany, Lake George and New York, N.Y. Ave. Room 414, Springfield, 111. 62701. SHIPPERS: Catskill Game Farm, Cat- and the Commercial Zone of the City of skill, N.Y. 12414; Sah Diego Zoological New York and New Freedom, Pa., for 180 No. MC 107882 (Sub-No. 31 TA) filed Garden, San Diego, Calif. 92112; Chey­ days. SUPPORTING SHIPPERS: Berk­ July 13, 1973 Applicant: ARMORED enne Mt. Zoological Park, Colorado shire Engineering Corporation, P.O. Box MOTOR SERVICE CORPORATION 160 Springs, Colo. 80901; Busch Gardens, 537, Great Barrington, Mass. 01230; K or- Ewingville Road Trenton, N.J. 08638 Tampa, Fla. 33612; Hogle Zoological Van-Co, Inc., Route 7, Sheffield, Mass. Authority sought to operate as a con ­ Garden, Salt Lake City, Utah 84110; and 01257; and Berkshire Millwork Corpora­ tract carrier, by motor vehicle, over Baltimore Zoo, Baltimore, Md. 21217. tion, Sheffield Road (Route 7), Great Irregular routes, transporting: Bonds, SEND PROTESTS TO: Joseph M. Bar- Barrington, Mass. 01230. SEND PRO­ between any point in the United States nini, District Supervisor, Bureau of Oper­ TESTS TO: District Supervisor Joseph (except Alaska and Hawaii), for 180 ations, Interstate Commerce Commis­ W. Balin, Bureau of Operations, Inter­ days. SUPPORTING SHIPPER: General sion, 518 New Federal Building, Albany, state Commerce Commission, 338 Federal Services Administration, Contracts and Negotiations Branch, Federal Supply N.Y. 12207. Building & U.S. Courthouse, 436 Dwight Street, Springfield, Mass. 01103. Service, Bldg. 4 Crystal Mall, Washing­ No. MC 26396 (Sub-No. 84 TA) filed ton, D.C. 20406. SEND PROTESTS TO: July 17, 1973 Applicant: POPELKA No. MC 106278 (Sub-No. 33 TA) filed Richard M. Regan, District Supervisor, TRUCKING CO. doing business as THE July 13,1973. Applicant: E. B. LAW AND Interstate Commerce Commission, WAGGONERS P.O. Box 990 201 W. Park SON, INC., P.O. Box 1381, 300 So. Archu­ Bureau o f Operations, 428 East State Livingston, Mont. 59047 Applicant’s rep­ leta Rd., Las Cruces, N. Mex. 88001. Ap­ Street, Room 204, Trenton, N.J. 08608. resentative: Dave Kemp (same address plicant’s representative: Donald T. Law, P.O. Drawer 1360, Las Cruces, N. Mex. No. MC 114301 (Sub-N o..78 TA) (COR­ as above) Authority sought-to operate as RECTION) filed June 14, 1973, pub­ a common carrier, by motor vehicle, over 88001. Authority sought to operate as a lished in the F ederal R egister issue o f irregular routes, transporting: Irrigation common carrier, by motor vehicle, over irregular routes, transporting: Sulphuric June 28, 1973, and republished as cor­ systems, pipes, pumps, sprinkler system s rected this issue. Applicant: DELAWARE and accessories, from Carthage, Mo. and acid, from points in New Mexico, to points in Arizona, for 180 days. SUP­ EXPRESS CO. a Corporation P.O. Box York, Nebr., to points in Montana, for 97 Elkton, Md. 21921 Applicant’s repre­ 180 days. SUPPORTING SHIPPER: D & PORTING SHIPPERS: Ranchers Explo­ ration and Development Corp., Post Of­ sentative: Chester A. Zyblut 1522 K St., L Irrigation, Hoffman Route, Livingston, N.W. Washington, D.C. 20005 Note: The Mont. 59047. SEND PROTESTS TO: Paul fice Box 880, Miami, Ariz. 85539, and Inspiration Consolidated Copper Com­ purpose of this partial republication is J. Labane, District Supervisor, Interstate to show that the applicant now wants Commerce Commission, Bureau o f Oper­ pany, Inspiration, Ariz. 85537. SEND PROTESTS TO: William R. Murdoch, Maine as the destination states in lieu ations, Rm. 222 U.S. Post Office Building, of Maryland, which was published in Billings, Mont. 59101. District Supervisor, Bureau of Opera­ tions, Interstate Commerce Commission, error. The rest of the application remains No. 64932 (Sub-No. 518 TA) filed July 1106 Federal Building, 517 G old Ave., the same. ' , 13,1973 Applicant: ROGERS CARTAGE SW, Albuquerque, N. Mex. 87101. No. MC 114457 (Sub-No. 156 TA) COMPANY, 10735 South Cicero Avenue, filed July 20, 1973 Applicant: DART Oak Lawn, HI. 60453 Applicant’s repre­ No. MC 107012 (Sub-No. 183 TA) filed July 17, 1973. Applicant: NORTH TRANSIT COMPANY 780 North Prior sentative: W illiam F. Farrell (same ad­ Avenue St. Paul, Minn. 55104 Applicant’s dress as above). Authority sought to op­ AMERICAN VAN LINES, P.O. Box 988, erate as a common carrier, by motor Lincoln Highway, East & Meyer Road, representative: Michael P. Zell (same ad­ vehicle, over regular routes, transport­ Ft. Wayne, Ind. Applicant’s representa­ dress as above) Authority sought to oper­ ing: (A) Liquid chemicals, in bulk, from tive: Michael Harvey (same address as ate as a common carrier, by motor vehi­ South Bend, Ind., to points in Ohio, Hl- above). Authority sought to operate as a cle, over irregular routes, transporting: inois, Michigan and Wisconsin and (B) common carrier, by motor vehicle, over Water heaters; boilers, househeating; Acid waste, in bulk, from Clinton, Ind., irregular routes, transporting: Carpet hot water storage tanks; and garbage to Toledo, Ohio, for 90 days. SUPPORT­ and carpet padding, from Glasgow, Va., disposals; (restricted against the trans­ ING SHIPPER: Mr. R. J. Persyn, Traffic to Minneapolis, Minn., for 180 days. portation of commodities which because Manager, Inland Chemical Corporation, SUPPORTING SHIPPER: Prestige Car­ of size or weight, require the use of 1810 Magnavox Way, Fort Wayne, Ind. pet Company, 2611 East Franklin Ave., special equipment), from Kankakee, 46804. SEND PROTESTS TO : Robert G. Minneapolis, Minn. SEND PROTESTS HI., to points in Colorado, Iowa, Kansas, Anderson, District Supervisor, Bureau of TO: District Supervisor J. H. Gray, Bu­ Minnesota, Missouri, Montana, Nebraska, Operations, Interstate Commerce Com­ reau of Operations, Interstate Commerce North Dakota, South Dakota, Wisconsin and Wyoming, for 180 days. SUPPORT­ mission, Everett M cKinley Building, 219 Commission, Room 204, 345 West Wayne St., Ft. Wayne, Ind. 46802. ING SHIPPER: A. O. Smith Corporation, So. Dearborn, Rm. 1086, Chicago, 111. P.O. Box 584, Milwaukee, Wis. 53201. 60604. No. MC 107295 (Sub-No. 652 TA) filed SEND PROTESTS TO: District Super­ July 16, 1973 Applicant: PRE-FAB visor Raymond T. Jones, Interstate No. MC 106127 (Sub-No. 9 TA) filed TRANSIT CO. 100 South Main Street Commerce Commission, Bureau of Op­ July 19, 1973 Applicant: PETROLEUM P.O. Box 146 Farmer City, HI. 61842 erations, 448 Federal Bldg., 110 S. 4th St., TANK LINES, INC. M lg: Box 570 Office Applicant’s representative: Dale L. Cox Minneapolis, Minn. 55401. (same address as above) Authority Route 7 Great Barrington, Mass. 01257 sought to operate as a common carrier, No. MC 114632 (Sub-No. 59 TA) filed Applicant’s representative: David M. by motor vehicle, over irregular routes, July 24, 1973 Applicant: APPLE LINES, Marshall 135 State Street Springfield, transporting: Fabricated steel, from INC. P.O. Box 507 225 S. Van Epps Madi­ Mass. 01103 Authority sought to operate points in Lauderdale County, Miss., to son, S. Dak. 57042 Applicant’s represent­ ative: Val M. Higgins 1000 First National 95 a common carrier, by motor vehicle, points in Alabama, Arkansas, Florida, (Georgia, Illinois, Indiana, Iowa, Ken­ Bank Bldg. Minneapolis, Minn. 55402 Au­ over irregular routes, transporting: tucky, Louisiana, Maryland, New York, thority sought to operate as a common Lumber, (i) fr0m Sheffield, Mass., to Al­ North Carolina, Ohio, Oklahoma, carrier, by motor vehicle, over irregular bany and New York, N.Y. and the Com­ Pennsylvania, South Carolina, Tennessee routes, transporting: (1) M eat, m eat

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21472 NOTICES products, meat by-products, dairy prod­ SHIPPER: K. W. Karpy, Traffic Coordi­ ment Inc., P.O. Box 794, Plattsburgh, ucts and articles distributed by packing nator, The Sherwin-Williams Company, New York 12901. SEND PROTEST TO: houses, from Wagner, S. Dak., to points 101 Prospect Avenue, N.W., Cleveland, District Supervisor Norman T. Fowlkes, in Illinois, Indiana, Iowa, Kansas, Mich­ Ohio 44115. SEND PROTESTS TO : H. C. Interstate Commerce Commission, 52 igan, Minnesota, Missouri, Nebraska, Morrison, Sr. District Supervisor, Inter­ State Street, Room 5, Montpelier, Ver­ North Dakota, Oklahoma and Wiscon­ state Commerce Commission, Bureau of mont 95602. sin; and (2) meat products and meat by­ Operations, Room 9A27 Federal Building No. MC 127818 (Sub-No. 2 TA) filed products, from points in Illinois, Indi­ 819 Taylor Street Fort Worth, Tex. July 17, 1973 Applicant: FREEDMAN ana, Iowa, Kansas, Michigan, Minnesota, 76102. CONTRACT HAULING CORP. 736 West Missouri, Nebraska, North Dakota, Okla­ No. M C-119702 (Sub-No. 39 TA) filed Clinton Street Ithaca, N.Y. 14850 Ap­ homa and Wisconsin, to Wagner, S. Dak., July 16, 1973 Applicant: STAHLY CART­ plicant’s representative: Norman M. for 180 days. SUPPORTING SHIPPER: AGE CO. P.O. Box 486 130A Hillsboro, Pinsky, 345 So. Warren Street Syracuse, Yankton Sioux Industries, Samuel Edwardsville, HI. 62025 Applicant’s rep­ N.Y. 13202 Authority sought to operate Rubenstein, General Traffic Manager, resentative: Robert D. Higgins (same ad­ as a contract carrier, by motor vehicle, 301 North Fifth Street, Minneapolis, dress as applicant) Authority sought to over irregular routes,, transporting: (1) Minn. 55403. SEND PROTESTS TO : J. L. operate as a common carrier, by m otor Scrap and waste produsts and materials Hammond, District Supervisor, Bureau vehicle, over irregular routes, transport­ under continuing contracts with Wallace of Operations, Interstate Commerce ing: Liquid animal feed and feed supple­ Steel Corp. of Ithaca, N.Y. (2) iron and Commission, Room 369, Federal Buiding, ments, in bulk, in tank vehicles, from steel articles under continuing contracts Pierre, S. Dak. 57501. the plant site of Land O’Lakes, Inc., at with Triangle Steel Corporation, Ithaca, No. MC 115904 (Sub-No. 31 TA) filed or near Dubuque, Iowa, to points in Illi­ N.Y., between Ithaca, N.Y. on the one hand, and, on the other, points in New July 17, 1973 Applicant: LOUIS GROV­ nois, Iowa, Minnesota, Nebraska, North ER 1710 W. Broadway Idaho Falls, Idaho Dakota, South Dakota, and Wisconsin, York, Pa., Mass., Conn., R.I., New Hamp­ 83401 Applicant's representative: Irene for 180 days. SUPPORTING SHIPPER: shire, Vermont, New Jersey, Maryland, Warr 430 Judge Building Salt Lake City, John C. Wyman, Transportation Mana­ Delaware, D.C., Va., North Carolina, W. Utah 84111 Authority sought to operate ger, Land O’Lakes, Inc. 2827-8th Avenue Va., Indiana, Ohio, Michigan and Maine, as a common carrier, by motor vehicle So., Fort Dodge, Iowa 50501. SEND PRO­ for 180 days. SUPPORTING SHIPPERS: TESTS TO: Harold C. Jolliff, District Triangle Steel Corp., 726 W. Clinton over irregular routes, transporting: Street, Ithaca, N.Y. 14850, Wallace Steel Gypsum products (except in bulk), from Supervisor, Bureau of Operations, Inter­ state Commerce Commission, Leland Of­ Corp., 726 W. Clinton Street, Ithaca, N.Y. Sigurd, Utah, to points in Colorado, for 14850. SEND PROTESTS TO : Morris H. 180 days. Note: Applicant does not intend fice Building, 527 Capitol Avenue Room 414 Springfield, HI. 62701. Gross, District Supervisor, Bureau of to tack authority or to interline with any Operations, Interstate Commerce Com­ other carrier. SUPPORTING SHIPPER: No. MC 121698 (Sub-No. 13 TA) filed mission, Room 104, 301 Erie Blvd., West United States Gypsum Co., 525 South July 20, 1973 Applicant: MICHAUD Syracuse, N.Y. 13202. Virgil Ave., Los Angeles, Calif. 90020. TRUCKING, INCORPORATED 133 SEND PROTESTS TO: C. W. Campbell, Birch Street Kingsford, M ich. 49801 Ap­ No. MC 129410 (Sub-No. 3 TA) filed District Supervisor, Interstate Com­ plicant’s representative: Earl Michaud July 23, 1973 Applicant: ROBERT merce Cbmmission, Bureau of Opera­ (same address as applicant) Authority BONCOSKY, INC. 4811 Tile Line Road tions, 550 W est Fort Street, Box 07, sought to operate as a common carrier, Crystal Lake, HI. 60014 Applicant’s rep­ Boise, Idaho 83724. by motor vehicle, over irregular routes, resentative: Irving Stillerman 29 South LaSalle Street Chicago, HI. 60603 Au­ No. MC-115955 (Sub-No. 25 TA) filed transporting: Malt beverages, namely thority sought to operate as a contract July 20, 1973 Applicant: SCARPS DE­ beer, malt, and ale; and related adver­ carrier, by m otor vehicle, over irregular LIVERY SERVICE, INC. Arnold Ave., & tisement materials, with empty contain­ routes, transporting: Dairy products (.ex­ Skeets Rd., and P.O. Box 2627 W ilming­ ers on return, from Columbus, Ohio, to cept in bulk) in shipper owned trailers, ton, Del. 19805 Applicant’s representa­ points in Houghton County, Mich., for from the plant and warehouse facilities tive: Francis P. Desmond 115 E. 5th St. 180 days. SUPPORTING SHIPPER: Pe- of Dean Foods Company at or near Chester, Pa. 19103 Authority sought to terlin Brothers* Inc., Calumet, Mich. Janesville, Wis., to the plant and ware­ operate as a common carrier, by m otor 49913. SEND PROTESTS TO: €/ R. house facilities o f Dean Foods Company vehicle, over irregular routes, transport­ Flemming, District Supervisor, Bureau of at or near Rochester, Ind., for 180 days. ing: General Commodities, in shipments Operations, Interstate Commerce Com­ SUPPORTING SHIPPER: Mr. John B. having a prior or subsequent movement mission, 225 Federal Building, Lansing, Pettigrew, Fleet Manager, Dean Foods via Railroad Trailer on flat car service, Mich. 48933. Company, 3600 River Road, ’ Franklin, between Alexandria, Va., on the one No. MC 126672 (Sub-No. 2 TA) filed Park, HI. 60131. SEND PROTESTS TO: hand, and, on the other, points in Cecil, July 16, 1973 Applicant: SICOTTE District Supervisor William J. Gray, Jr., Harford and Baltimore Counties, Md., TRANSPORTS LTD. 11175 Parkway Interstate Commerce Commission, Bu­ and points in Delaware, for 180 days. Boulevard, Montreal, Quebec, Canada. reau o f Operations, Everett McKinley SUPPORTING SHIPPER: Piggy Back Applicant’s representative: J. P. Ver- Dirksen Building, 219 S. Dearborn Street, Shippers Assn., of Florida, Inc. P.O. Box mette, 250 Napoleon-Provost Repentigny, Room 1086, Chicago, HI. 60604. 1390 Hialeah, Fla. 33011. SEND PRO­ Quebec, Canada. Authority sought to op­ TESTS TO: Peter R. Guman, District No. MC 129516 (Sub-No. 19 TA) filed erate as a common carrier, by motor ve­ July 17,1973 Applicant: PATTONS, INC. Supervisor, Interstate Commerce Com­ hicle, over irregular routes, transporting: mission, Bureau of Operations, Federal 2300 Canyon Road Ellensburg, Wash. Cement, in bulk in tank vehicles and in 98926 Applicant’s representative: James Bldg., Room 3238, 600 Arch St., Phila­ bags, from the Ports of Entry on the In­ delphia, Pa. 19106. T. Johnson 1610 IBM Building Seattle, ternational Boundary Une between the Wash. 98101 Authority sought to operate No. MC-116063 (Sub-No. 129 TA) filed United States and in Canada located at as a common carrier, by motor vehicle» July 20, 1973. A pplicant: WESTERN- or near Derby Linem Vt., Highgate over irregular routes, transporting. COMMERCIAL TRANSPORT, INC. 2929 Springs, Vt., Champlain, N.Y., Trout River, N.Y., Rooseveltowh, N.Y., Ogden- Canned or bottled fruit juices and fruit W. 5th Street, P.O. Box 270, Fort Worth, drinks, from Fullerton, Calif., to points of Tex. 76101. Applicant’s representative: burg, N.Y., Alexandria Bay, N.Y., Niag­ entry on the UB.-Canada International ara Falls, N.Y., and Jackman, Me., to W. H. Cole (same address as applicant). Boundary line in Idaho, Montana and Authority sought to operate as a com ­ points in New Hampshire, Vermont, New North Dakota, restricted to shipments mon carrier, by motor vehicle, over ir­ York and Maine. Restricted to traffic in foreign commerce originating in Prov­ moving to or from points in Alberta, regular routes, transporting: Paint, Saskatchewan and Manitoba, Canada, stains, and varnishes, in bulk, in tank ince of Quebec for the account of Wyan­ vehicles, from Garland, Tex., to points dotte Cement Inc., for 180 days. SUP­ for 180 days. SUPPORTING SHIPPER: in Nebraska, for 180 days. SUPPORTING PORTING SHIPPERS: Wyandotte Ce- Scott National Company Limited, Pr0‘

FEDERAL REGISTER, V O L 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21473 curement Manager, P.O. Box 4340, Sta­ houses as described in Sections A and C Evans Products Company, 1121 S.W. tion C, Calgary, Alberta, Canada. SEND of Appendix I to the report in Descrip­ Salmon St., Portland, Oreg. 97205. SEND PROTESTS TO: District Supervisor W. tions in Motor Carrier Certificates, 61 PROTESTS TO: District Supervisor A. J. Huetig, Bureau of Operations, Inter­ M.C.C. 209 and 766, from the facilities E. Odoms, Bureau of Operations, Inter­ state Commerce Commission, 450 Mult­ of Missouri Beef Packers, Inc., at or near state Commerce Commission, 450 M ult­ nomah Bldg., 319 S. W . Pine St., Port­ Boise, Idaho, to points in Connecticut, nomah Bldg., 319 S.W. Pine St., Port­ land, Oreg. 97204. Iowa, Illinois, Maryland, Massachusetts, land, Oreg. 97204. No. MC 134142 (Sub-No. 3 TA) filed Michigan, Minnesota, New Jersey, Mis­ souri, New York, Ohio, Pennsylvania, No. MC 138895 (Sub-No. 1 TA) filed J dy 23, 1973 Applicant: BROWN RE­ July 17, 1973 Applicant : ROBERT NEU,- FRIGERATED EXPRESS, INC. P.O. Box Rhode Island, Texas and Wisconsin, re­ stricted to traffic originating at the above BAUER Rural Route 2 Chadwick, 111. 603 Ft. Scott, Kans. 66701 Applicant’s 61014 Applicant’s representative: Robert representative: Daniel B. Johnson Per­ origins, for 180 days. SUPPORTING SHIPPER: Missouri Beef Packers, Inc., T. Lawley 300 Reisch Building, 4 West petual Building Washington, D.C. 20004 Old State Capitol Plaza Springfield, 111. Authority sought to operate as a con­ 630 Amarillo Bldg., Amarillo, Tex. 79101. SEND PROTESTS TO: District Super­ 62701 Authority sought to operate as a tract carrier, by motor vehicle, over ir­ contract carrier, by motor vehicle, over regular routes, transporting: Such com ­ visor A. N. Spath, Bureau of Operations, Interstate Commerce Commission, 448 irregular routes, transporting: Dry ani­ modities as are dealt in by wholesale mal and poultry feeds, from Rock Falls, and retail grocery stores in vehicles Federal Bldg., 110 S. 4th St., Minne­ apolis, Minn. 55401. HI., to points in Cedar, Clinton, Dubuque, equipped with mechanical refrigeration Jackson, Jones, Linn, Muscatine and (except foodstuffs and commodities in No. MC 135660 (Sub-No. 7 TA) filed Scott Counties, Iowa, for the account of bulk) when being transported at the July 20, 1973. Applicant: BROWNS- DeKalb Feeds, Inc., for 180 days. SUP­ same time and in the same vehicle with BERGER ENTERPRISES, INC., R.F.D. PORTING SHIPPER: Mr. Bernard J. dairy products, (1) From Tulsa, Okla., # 1 , Box 243, Butler, Mo. 64730. Appli­ Heimann, Plant Manager, DeKalb Feeds, to Tempe, Ariz.; National City, Santa Fe cant’s representative: John E. Jandera, Inc., P.O. Box 11, Rock Falls, 111. 61071. Springs, Richmond and Sacramento, 641 Harrison Street, Topeka, Kans. 66603. SEND PROTESTS TO: Richard O. Calif.; Clackamas, Oreg.; Bellevue and Authority sought to operate as a contract Chandler, District Supervisor, Bureau of Spokane, W ash.; Butte, M ont.; Denver, carrier, by motor vehicle, over irregular Operations, Interstate Commerce Com­ Colo.; and Salt Lake City, Utah. (2) routes, transporting: Plastic pipe, plastic mission, Everett McKinley Dirksen From Tulsa, Okla., to Carthage, Mo. with tubing, plastic conduit, plastic molding, Building, 219 S. Dearborn Street, Room and without dairy products and with and valves, fittings, compounds, joint seal­ 1086, Chicago, 111. 60604. without agricultural commodities, the ers, bonding cement, thinner, vinyl and transportation of which is not otherwise accessories used in the installation of No. MC 138901 (Sub-No. 1 TA) filed subject to economic regulation. (3) From such products,‘from Linn Creek, Mo., to July 23, 1973 Applicant: LARRY Mc- Carthage, Mo., to the destination points points in California, Oregon, Arizona and SWEENEY Solida Road South Point, in (1) above. Restricted to a service to Washington, for 180 days. SUPPORT­ Ohio 45680 Applicant’s representative: be performed under a continuing con­ ING SHIPPER: Central Missouri Pipe John M. Friedman 2930 Putnam Ave. tract with Safeway Stores, Incorporated, Company, P.O. Box 75, Linn Creek, Mo. Hurricane, W. Va. 25526 Authority sought Oakland, Calif. SUPPORTING SHIP­ SEND PROTESTS TO: John V. Barry, to operate as a contract carrier, by m otor PER: Safeway Stores, Incorporated, 5725 District Supervisor, Interstate Commerce vehicle, over irregular routes, transport­ East 14th St., Oakland, Calif. 94660. Commission, Bureau of Operations, 600 ing: Iron and steel articles and non- SEND PROTESTS TO: M. E. Taylor, Federal Office Bldg., 911 Walnut Street, ferrous pipe and/or conduit, from the District Supervisor, Interstate Com­ Kansas City, Mo. 64106. facilities of Jones & Laughlin Steel Corp., Cincinnati, Ohio, to Leach, Ky.; Hunt­ merce Commission, Bureau of Opera­ No. MC 136987 (Sub-No. 6 TA) filed tions, 501 Petroleum Building, Wichita, ington, W. Va. and points in the Hunt­ Kans. 67202. July 13, 1973 Applicant: REMINGTON ington, W. Va. terminal area; Charleston, FREIGHT LINES INC. 604 N. Main W. Va. and points in the Charleston, No. MC 134323 (Sub-No. 55 TA) filed Street Remington, Ind. 47977 Applicant’s W. Va. commercial zone as defined by the July 24, 1973 Applicant: JAY LINES, representative: Floyd Legler (same ad­ Commission, and Alloy, W. Va., for 180 INC. 720 No. Grand Street Mlg: P.O. Box dress as above) Authority sought to op­ days. SUPPORTING SHIPPER: Jones & 4146 (Box zip 79105) Amarillo, Tex. 79107 erate as a contract carrier, by motor ve­ Laughlin Steel Corp., Cincinnati, Ohio, Applicant’s representative: Gailyn L. hicle, over irregular routes, transport­ Att.: Roger W. Phillips, Sales Manager, Larsen P.O. Box 81849 Lincoln, Nebr. ing: Cleaning compounds; pot scourers, 11501 Reading Road, Cincinnati, Ohio 68501 Authority sought to operate as a steel or plastic with or without soap; and 45241. SEND PROTESTS TO: H. R. contract carrier, by motor vehicle, over steel wool, from London, Ohio, to Bristol, White, District Supervisor, Interstate irregular routes, transporting: Plastic Pa.; Salem, Va.; St. Louis, Mo.; Chicago, Commerce Commission, Bureau of Oper­ articles, from Kingsville, Ohio, to Effing­ 111. Commercial Zone; New York, N.Y. ations, 3108 Federal Office Bldg., 500 ham, m. and Edison, N.J., for 180 days. Commercial Zone; and Boston, Mass. Quarrier St., Charleston, W. Va. 25301. SUPPORTING SHIPPER: Robert C. Commercial Zone, for 180 days. SUP­ McArthur, General Traffic Manager, PORTING SHIPPER: Purex Corpora­ M otor Carriers of Passengers Fedders Corporation, Edison, N.J. 08817. tion, Ltd. 6901 McKissock Avenue, St. No. MC 115300 (Sub-No. 1 TA) filed SEND PROTESTS TO: Haskell E. Bal- Louis, Mo. 63147. SEND PROTESTS TO : July 17, 1973. Applicant: CHARLES jard, District Supervisor, Bureau of District Supervisor J. H. Gray, Inter­ SIMMONS, SR. doing business as HIL­ Operations, Interstate Commerce Com­ state Commerce Commission, Bureau of TON HEAD TRUCK LINE P.O. Box mission, Box H-4395 Herring Plaza, Operations, Room 204, 345 West Wayne, 1026 Hilton Head Island, S.C. 29928 Ap­ Amarillo, Tex. 79101. Fort Wayne, Ind. 46802. plicant’s representative: J. Thomas No. MC 134477 (Sub-No. 34 TA) filed No. IVfC 138789 (Sub-No. 1 TA>, Mikell P.O. Box 1107 Beaufort, S.C. 1973. Applicant: SCHANNO filed July 23, 1973. Applicant: U & R 29902 Authority sought to operate as a ■TRANSPORTATION, INC., 5 West Men- EXPRESS, INC., P.O. Box 2369, White common carrier, by motor vehicle, over uota Road, West St. Paul, Minn. 55118. City, Oreg. 97501. Applicant’s representa­ irregular routes, transporting: Passen­ applicant’s representative: Thomas tive: Lawrence V. Smart, Jr., 419 N.W. ^hbaeh. (same address as above). 23d Avenue, Portland, Oreg. 97210. Au­ gers, baggage and express freight in Authority sought to operate as a com - thority sought to operate as a contract packages not to exceed 150 pounds each "Wi carrier, by motor vehicle, over carrier, by motor vehicle, over irregular in weight and charter service between “regular routes, transporting: Meats, routes, transporting: Wood residuals, Savannah, Ga.; Levy, S.C.; Hardeeville, meat Products, meat by-products and from Osbum, Idaho, to Missoula, Mont., S.C.; Bluff ton, S.C.; Pritchardville, S.C. articles distributed by meat packing­ for 180 days. SUPPORTING SHIPPER: and Hilton Head Island, S.C., for 180

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973 21474 NOTICES

days. SUPPORTING SHIPPERS: There Delaware, Pennsylvania, Maryland, Dis­ reau of Operations, Interstate Com­ are approximately 12 statements of sup­ trict of Columbia, Virginia, West Vir­ merce Commission, Everett McKinley port attached to the application, which ginia, North Carolina, South Carolina, Dirksen Bldg. 219 S. Dearborn St., Room may be examined here at the Interstate Tennessee, Illinois, Indiana, Iowa, Michi­ 1086, Chicago, Illinois 60604. Commerce Commission in Washington, gan, Ohio and Missouri, for 180 days. No. MC 109637 (Sub-No. 392 TA) filed D.C., or copies thereof which may be ex­ SUPPORTING SHIPPER: Boise Cascade July 23, 1973 Applicant: SOUTHERN amined at the field office named below. Corporation, P.O. Box 7747, Boise, Idaho TANK LINES, INC. 10 West Baltimore SEND PROTESTS TO: E. E. Strotheid, 83707. SEND PROTESTS TO : Peter R. Avenue Lansdowne; Pa. 19050 Applicant’s District Supervisor, Interstate Commerce Guman, District Supervisor, Interstate representative: John Nelson (same ad­ Commission, Bureau of Operations, 300 Commerce Commission, Bureau of Op­ dress as above) Authority sought to op­ Columbia Building, 1200 Main St., Co-- erations, Federal Bldg., Room 3238, 600 erate as a common carrier, by motor ve­ lumbia, S.C. 29201. Arch Street, Philadelphia, Pa. 19106. hicle, over irregular routes, transporting: By The Commission. No. MC 60189 (Sub-No. 1 TA) filed #2 Fuel OH, in bulk, in tank vehicles, (1) July 23, 1973 Applicant: CHAMBERS from Frankfort, Ky., to Lawrenceburg, [ seal] R obert L. Oswald, MOVING & STORAGE CO. 301 South Ind.; Schenley, Pa.; and Tullahoma, Secretary. 4th Avenue Phoenix, Ariz. 85004 Appli­ Tenn.; (2) from Chattanooga, Tenn., to [FR Doc.73-16386 Filed 8-7-73;8:45 am] cant’s representative: E. P. (Jack) Breed­ Frankfort, Ky.; Lawrenceburg, Ind.; love (same address as above) Authority Schenley, Pa.; and Louisville, Ky.; (3) sought to operate as a common carrier, Tullahoma, Tenn., to Lawrenceburg, [Notice 105] by motor vehicle, over irregular routes, Ind.; Schenley, Pa.; Frankfort, Ky.; and MOTOR CARRIER TEMPORARY transporting: Household goods as de­ Louisville Ky.; (4) from Lawrenceburg, AUTHORITY APPLICATIONS fined by the Interstate Commerce Com­ Ind., to Frankfort, Ky.; Tullahoma, mission, between points in Arizona and Tenn.; Schenely, Pa.; and Louisville Ky.; August 3,1973. points in Kern, Los Angeles, Orange, and (5) from Hooven, Ohio, to Schenley, The following are notices of filing of Riverside, San Diego, San Bernardino, Pa., for 180 days. SUPPORTING SHIP­ application, except as otherwise specifi­ San Luis Obispo, Santa Barbara, Ven­ PER : Schenley Distillers, Inc., 36 East cally noted, each applicant states that tura, and Imperial Counties, Calif., for Fourth Street, Cincinnati, Ohio 45202. there will be no significant effect on the 180 days. SUPPORTING SHIPPERS: (1) SEND PROTESTS T O : Ross A. Davis, quality of the human environment re­ Ramada Inns, Inc., Phoenix, Ariz. and District Supervisor, Interstate Commerce sulting from approval of its application, (2) Holly Development Company, Scotts­ Commission, Bureau of Operations, Wil­ for temporary authority under Section dale, Ariz. SEND PROTESTS TO: Dis­ liam J. Green, Jr. Federal Bldg., 600 210a(a) of the Interstate Commerce Act trict Supervisor Baylor, Interstate Com­ Arch Street, Room 3238, Philadelphia, provided for under the new rules of Ex merce Commission, Bureau of Opera­ Pa. 19106. Parte No. MC-67, (49 C.FJR. 1131) pub­ tions, 3427 Federal Bldg., 230 N. First No. MC 111812 (Sub-No. 497 TA) filed lished in the F ederal R egister, issue of Avenue, phoenix, Ariz. 85025. July 25, 1973 Applicant: MIDWEST April 27, 1965, effective July 1, 1965. No. MC 94578 (Sub-No. 2 TA) filed COAST TRANSPORT, INC. 900 W. •These rides provide that protests to the July 25, 1973 Applicant: CHARLES J. Delaware P.O. Box 1233 Sioux Falls, granting of an application must be filed METTLER AND ROSEMARY J. MET- S. Dak. 57101 Applicant’s representative: with the field official named in the F ed­ TLER, doing business as METTLER Ralph H. Jinks (same address as above) eral R egister publication, within 15 TRUCKING 4110 Milton Ave, East Authority sought to operate as a common calendar days after the date of notice Tacoma, Wash. 98424 Applicant’s repre­ carrier, by motor vehicle, o v e r Irregular of the filing of the application is pub­ sentative: W illiam H. Grady 1215 Nor­ routes, transporting: Wine and distilled lished in the F ederal R egister. One copy ton Building Seattle, Wash. 98104 Au­ mineral spirits, from Hammondsport, of such protests must be served on the thority sought to operate as a common N.Y., to Rapid City, S. Dak., for 180 applicant, or its authorized representa­ carrier, by motor vehicle, over irregular days. SUPPORTING SHIPPER: Western tive, if any, and the protests must certify routes, transporting: (1) Doors and door Wholesale Liquor, P.O. Box 1271, 401 that such service has been made. The , cores, from Lacey, Wash., to Portland, Seventh Street, Rapid City, S. Dak. protests must be specific as to the service Beaverton and Medford, Oreg. and 57701, W. E. Bettels, Executive Vice which such protestant can and will offer, Sacramento, Calif, and (2) particle President. SEND PROTESTS TO: J. L. and must consist of a signed original and board, from Medford, Oreg., to Lacey, Hammond, District Supervisor, Bureau six (6) copies. Wash., for 180 days. SUPPORTING of Operations, Interstate Commerce A copy of the application is on file, SHIPPER: Nu-Dor, Inc., P.O. Box 3532, Commission, Room 369, Federal Build­ and can be examined at the Office of the Lacey, Wash. 98503. SEND PROTESTS ing, Pierre, S. Dak. 57501. Secretary, Interstate Commerce Com­ TO: L. D. Boone, Transportation Spe­ mission, Washington, D.C., and also in No. MC 112893 (Sub-No. 48 TA) cialist, Bureau of Operations, Interstate filed July 25, 1973 Applicant: BULK field office to which protests are to be Commerce Commission, 6049 Federal transmitted. TRANSPORT COMPANY Mlg: P.O. BOX Office Bldg., Seattle, Wash. 98104. -186 Pleasant Prairie, Wis. 53158 and Off: M otor Carriers op P roperty No. MC 95376 (Sub-No. 7 TA) filed 1-94 & Century Highway C Bristol, Wis. No. MC 4963 (Sub-No. 42 TA) filed July 23, 1973 Applicant: MCVEY 53104 Applicant’s representative: Fred July 23, 1973 Applicant: ALLEGHANY TRUCKING, INC. R.R. #1 Oakwood, H. Figge (same address as above) Au­ CORPORATION doing business as 111. 61858 Applicant’s representative Mr. thority sought to operate as a common JONES MOTOR Bridge St. & SchuylkiU Clyde Meachum 41 ON the Mall Dan­ carrier, by motor vehicle, over irregular Rd. Spring City, Pa. 19475 Applicant’s ville, HI. 61832 Authority sought to op­ routes, transporting: Petroleum prod­ representative: Roland Rice Suite 618, erate as a common carrier, by motor ucts, in bulk, in tank vehicles, from Green Perpetual Bldg. W ashington, D.C. 20004 vehicle, over irregular routes, transport­ Bay, Madison, Milwaukee and Two Authority sought to operate as a common ing: Expeller chips and unground blood Rivers, Wis., to Walcott, Iowa, for 180 carrier, by motor vehicle, over irregular meal (commonly referred to as “meal days. SUPPORTING SHIPPER: Oak routes, transporting: Cabinets, wooden, scraps’’), the authority requested would Creek Service, Inc., 9600 20th Street, Oak parts thereof and counter tops, with or not involve the use of tank vehicles, from Creek, Wis. 53154 (C. F. Newburg, Presi­ without vinyl covering or plastic, and Anderson, Ind., to Danville, 111., for 180 dent). SEND PROTESTS TO: District sinks, set up. or knock down, from Fen­ days. SUPPORTING SHIPPERS: Mr. Supervisor John E. Ryden, Interstate wick, Moorefield and Paw Paw, W. Va. Wil. Lavery, General Manager, Shur- Commerce Commission, Bureau of Op­ and Berryville, Orange and Winchester, Gain Feed Division of Wiliam Davies, erations, 135 West Wells Street—Room Va., to points in Maine, New Hampshire, Co., Inc., 628 East Fairchild Street, Dan­ 807, Milwaukee, Wis. 53203. Vermont, Rhode Island, Connecticut, ville, 111. 61832. SEND PROTESTS TO: No. MC 113974 (Sub-No. 48 TA) filed Massachusetts, New York, New Jersey, District Supervisor R. G. Anderson, Bu­ July 23, 1973 Applicant: PITTSBURGH

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 21475

& NEW ENGLAND TRUCKING CO. 211 to the named states. SUPPORTING plant site and storage facilities of The Washington Avenue Dravosburg, Pa. SHIPPER: Lone Star Steel Company, Kroger Co., at Indianapolis, Ind., to 15034 Applicant’s representative: P. R. P.O. Box 35088, Dallas, Tex. 75235. SEND points in Georgia (except points in At­ Hiller (same address as above) Author­ PROTESTS TO: Transportation Spe­ lanta, Georgia and its Commerical ity sought to operate as a common car­ cialist Gerald T. Holland, Interstate Zone); and (3) refused, rejected and out­ rier, by motor vehicle, over irregular Commerce Commission* Bureau of Op­ dated merchandise, from points in routes, transporting: Iron and steel roof erations, 1100 Commerce Street, Room Georgia to the original shipping plant deck, flooring, "bridge deck and acces­ 13C12, Dallas, Tex. 75202. and storage facilities at Indianapolis, Ind. RESTRICTIONS: Operations au­ sories, from Carnegie, Pa., to points in No. MC 119774 (Sub-No. 71 TA) filed Michigan, North o f 1-94, for 180 days. July 24, 1973 Applicant: EAGLE thorized herein are limited to a trans­ SUPPORTING SHIPPER: Reeves Bow­ TRUCKING COMPANY P.O. Box 471 portation service to be performed under man, Division of Cyclops Corp., 137 Iron 301 E. Main Street Kilgore, Tex. 75662 a continuing contract or contracts with Avenue, Dover, Ohio 44622. SEND PRO­ Applicant’s representative: Bernard H. The Kroger Co., Cincinnati, Ohio. Also TESTS TO: District Supervisor John J. English 6270 Firth Road Fort Worth, restricted to shipments originating at the England, Bureau of Operations, Inter­ Tex. 76116. Authority sought to operate plant site and storage facilities of The state Commerce Commission, 2111 Fed­ as a common carrier, by motor vehicle, Kroger Co., at Indianapolis, Indiana, and eral Building, 1000 Liberty Avenue, over irregular routes, transporting: destined to stores of The Kroger Co., Pittsburgh, Pa. 15222. Aluminum wire and cable products, from Super-X Drug Stores, a wholly-owned No. MC 114121 (Sub-No. 2 TA) filed Alcoa Conductor Products Company, Di­ subsidiary of The Kroger Co., and storage July 25, 1973 Applicant: SUPERIOR vision of Aluminum Company of America facilities in the state of Georgia; or, from CARTAGE OP WASHINGTON, INC. plantsite at Scottsville, Tex., to points in the sites of The Kroger yo. stores, 150 South Horton Street Seattle, Wash. Florida, for 180 days. RESTRICTION: Super-X Drug Stores, and storage facil­ 98134 Applicant’s representative: Ear­ Restricted to traffic originating at the ities in Georgia destined to The nest D. Salm 8179 Havasu Circle Buena plantsite and storage facilities of Alcoa Kroger Co., plant and storage facil­ Park, Calif. 90621 Authority sought to Conductor Products at Scottsville, Tex. ities at Indianapolis, Indiana. Note: The operate as a common carrier, by motor SUPPORTING SHIPPER: Aluminum purpose of this application is to enable vehicle, over regular routes, transport­ Company of America, 1501 Alcoa Build­ the applicant to give a complete service ing: General commodities moving in ing, Pittsburgh, Pa. 15219. SEND PRO­ from the site and storage facilities of freight forwarder service, which have TESTS TO: Transportation Specialist The Kroger Co. at Indianapolis, Indiana had an immediate prior transportation Gerald T. Holland, Interstate Commerce to points in the state of Georgia, in addi­ service in interstate commerce by Su­ Commission, Bureau o f Operations, 1100 tion to those in Atlanta, Georgia and its perior Fast Freight, (1) from Seattle to Commerce Street, Room 13C12, Dallas, Commercial Zone, which is a part of ap­ Everett, Wash., over Interstate Highway Tex. 75202. plicant’s authority under docket number 5, with service at all intermediate points, MC-124221 (Sub-No. 35). The return No. MC 120325 (Sub-No. 2 TA) filed portion of this application is to insure and at off-route points located within July 25, 1973 A pplicant: FRAMES, the Seattle and Everett Commercial The Kroger Co. the return of not only Zones, and those located within 5 miles MORRISON & RYAN, INC. 1233 empty shipping containers and devices, of Interstate Highway 5; (2) between W right’s Lane West Chester, Pa. 19380 but in addition thereto, refused, rejected, Seattle and Tacoma, Wash, over Inter­ Applicant’s representative: Francis P. and outdated merchandise, for 180 days. state Highway 5, with service at all in­ Desmond 115 E. 5th St. Chester, Pa. SUPPORTING SHIPPERS: Albert E. termediate points, and at all off-route 19013 Authority sought to operate as a Rauch, Traffic Manager, Kroger Brands points located within the Seattle and common carrier, by motor vehicle, over Division, The Kroger Company, 1240 Tacoma Commercial Zones and those lo­ irregular routes, transporting: General State Avenue, Cincinnati, Ohio 45204. cated within 5 miles of Interstate High­ commodities (except household goods, SEND PROTESTS TO: District Super­ way 5, for 180 days. RESTRICTION: Re­ commodities in bulk, explosives A and B visor Richard K. Shullaw, Interstate stricted against service between points and items requiring special equipment), Commerce Commission, Everett McKin­ located south o f the Seattle Commercial between Uwchlan Township, Chester ley Dirksen Building, 219 S. Dearborn Zone, on the one hand, and, on the other, County, Pa., on the one hand, and, on Street, Room 1086, Chicago, HI. 60604. points located north of the Seattle Com­ the other, Philadelphia, Pa., for 180 days. SUPPORTING SHIPPER: Na­ No. MC 125518 (Sub-No. 3 TA) filed mercial Zone. SUPPORTING SHIPPER: July 5, 1973 Applicant: CLETUS RUHL- Superior Fast Freight, 611 North Mis­ tional Foam System, Inc., 150 Gordon Drive, Lionville, Pa. 19353. SEND PRO­ MAN doing business as RUHLMAN sion Road, Los Angeles, Calif. 90033. TRUCKING COMPANY 265 South SEND PROTESTS TO: L. D. Boone, TESTS TO: Peter R. Guman, District Supervisor, Bureau of Operations, Inter­ Riverside Drive New Miami, Ohio 45011 Transportation Specialist, Bureau o f Op­ state Commerce, Commission, Federal Applicant’s representative: Norbert B. erations, Interstate Commerce Commis­ Flick Executive Building Cincinnati, sion, 6049 Federal Office Bldg., Seattle, Building, Room 3238, 600 Arch St., Phil­ adelphia, Pa. 19106. Ohio 45202 Authority sought to operate Wash. as a contract carrier, by motor vehicle, No. MC 119774 (Sub-No. 70 TA) filed No. MC 124221 (Sub-No. 40 TA) filed over irregular routes, transporting: Slag, July 17, 1973 Applicant: HOWARD other than construction or road building, July 23, 1973 Applicant: EAGLE BAER P.O. Box 27, Rt. 98W. Morton, TRUCKING COMPANY P.O. B ox 471 in bulk, in dump trucks, from Middle- 301 East Main Street Kilgore, Tex. 75662 HI. 61550 Applicant’s representative: town and Hamilton, Ohio, to Dunkirk, Robert W. Loser, Attorney 1009 Chamber Applicant’s representative: Bernard H. Gas City, Marion and Winchester, Ind., English 6270 Firth Road Fort Worth, of Commerce Bldg. Indianapolis, Ind. for 180 days. SUPPORTING SHIPPER: 46204 Authority sought to operate as a The Calumite Company, P.O. Box 157, Tex. 76116 Authority sought to operate contract carrier, by motor vehicle, over 85 a common carrier, by motor vehicle, Lower Ferry Road, Trenton, N.J. 08628. over irregular routes, transporting: Pipe irregular routes, transporting: (1) Dairy SEND PROTESTS TO: Paul J. Lowry, nttings, pipe connections, and pipe products, as described in Section B of District Supervisor, Bureau of Opera­ couplings, (other than those commodi­ Appendix I to the report in Descriptions tions, Interstate Commerce Commission, ties as described in Mercer Extension— 5514-B Federal Bldg., 550 Main Street, in Motor Carrier Certificates, 61 M.C.C. Cincinnati, Ohio 45202. Oil Field Commodities 74 MCC 459), 209 and imitation dairy products (M el- irom Lone Star, Tex., to points in Indi- erin), in vehicles equipped with mechani­ No. MC 127042 (Sub-No. 121 TA) filed Kentucky, Michigan, Nebraska, July 18, 1973 Applicant: HAGEN, INC. worth Carolina, Ohio, South Carolina, cal refrigeration; (2) cottage cheese, yo­ 4120 Floyd Blvd. P.O. Box 98 Leeds Sta­ J-ennessee', Virginia, and West Virginia, gurt, ice cream, ice cream products, tion Sioux City, Iowa 51108 Applicant’s ;or 180 days. RESTRICTION: Restricted sherbets, water ices, and water ice prod­ representative: Joseph W. Harvey (same o traffic originating at Lone Star, Tex. ucts, in containers, in vehicles equipped address as above) Authority sought to and further restricted to traffic destined with mechanical refrigeration, from the operate as a common carrier, by motor

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 21476 NOTICES vehicle, over irregular routes, transport­ New York City, N.Y. 10016, Air France, Forest Products, Division of Tennessee ing: Meats, meat products, meat byprod­ 1350 Avenue Of the Americas, New York, River Pulp and Paper Company, Jasper, ucts and articles distributed by meat N.Y. 10019, Iberia Air Lines, 97— 77 Ala., for 180 days. SUPPORTING SHIP­ packinghouses, as described in Sections Queens Blvd., Rego Park, N.Y. 11374, Five PER: TMA Forest Products, Division of A and C of Appendix I to the report in Star Air Freight Corporation, 3rd & Gov­ Tennessee River Pulp & Paper Company, Descriptions in Motor Carrier Certifi­ ernor Printz Blvd., Lester, Pa. 19113, Post Office Box 1425, Jasper, Ala. 35501. cates, 61 M.C.C. 209 and 766, from the A.B.C. Air Freight, 265 West 14th St., SEND PROTESTS TO: Clifford W. facilities of Missouri Beef Packers, Inc., New York City, N.Y. 10011, SEND PRO­ White, District Supervisor, Bureau of at or near Boise, Idaho, to points in In­ TESTS TO: Peter R. Guman, District Operations, Interstate Commerce Com- diana, California, Illinois, Iowa, Kansas, Supervisor, Federal Bldg., Room 3238,600 mision, Room 814— 2121 Building, Bir­ Michigan, Minnesota, Missouri, Ne­ Arch St., Philadelphia, Pa. 19106. mingham, A la .35203. braska, North Dakota, Ohio, Oklahoma, No. MC 135871 (Sub-No. 17 TA) filed No. MC 138923 filed July 20, 1973 Ap­ Oregon, Utah, South Dakota, Washing­ July 25,1973 Applicant: H.G.M. TRANS­ plicant: RONALD SCHAMBERGER, ton, Wisconsin and Wyoming, for 180 PORT COMPANY 1079 West Side Ave­ INC. 160 South 1100 West Salt Lake City, days. RESTRICTION: Restricted to traf­ nue Jersey City, N.J. 07306 Applicant’s Utah 84104 Applicant’s representative: fic originating at the named origin. representative: George A. Olsen 69 Ton- Denis R. M orrill 455 South Third East SUPPORTING SHIPPER: Missouri Beef nele Avenue Jersey City, N.J. 07306 Au­ Salt Lake City, Utah 84111 Authority Packers, Inc., N. L. Cummins, V. Pres.— thority sought to operate as a contract sought to operate as a contract carrier, Physical Distribution, 630 Amarillo Bldg., carrier, by motor vehicle, over irregular by motor vehicle, over irregular routes, Amarillo, Tex. 79101. SEND PROTESTS routes, transporting: Such commodities transporting: Clay products from the TO: District Supervisor Carroll Russell, as are dealt in by department stores, and plant site o f Interstate Brick Company Bureau of Operations, Interstate Com­ supplies and equipment used in the con­ southwest of Salt Lake City, Utah, to merce Commission, 711 Federal Office duct of such business, for the account of Los Angeles, Calif., and its commercial Bldg., Omaha, Nebr. 68102. Schottenstein’s, between Jersey City, zone, San Francisco, Calif., and its com­ No. MC 127042 (Sub-No. 122 TA) filed N.J. and New York, N.Y., on the one hand, m ercial zone, and Sacramento, Calif., July l£t, 1973 Applicant: HAGEN, INC. and, on the other, Columbus, Ohio, for and its commercial zone, for 180 days. 4120 Floyd Blvd. P.O. Box 98-Leeds Sta­ 180 days. SUPPORTING SHIPPER: SUPPORTING SHIPPERS: Interstate tion Sioux City, Iowa 51108 Applicant’s Schottenstein Stores Corporation, 3251 Brick Division of Entrada Industries, representative: Joseph W. Harvey (same W esterville Road, Columbus, Ohio 43224. Inc., 9210 South 5200 West, West Jordan, address as applicant) Authority sought SEND PROTESTS TO: District Super­ Utah, (Darro H. Glissmeyer, Sales Man­ to operate as a common carrier, by m otor visor Robert E. Johnston, Bureau of Op­ ager). SEND PROTESTS TO : District vehicle, over irregular routes, transport­ erations, Interstate Commerce Commis­ Supervisor Lyle D. Heifer, Interstate ing: Sealants, coatings, adhesives, tape, sion, 9 Clinton Street, Newark, N.J. 07102. Commerce Commission, 5239 Federal Building, Bureau of Operations, 125 sound, deadener, undercoating, conden­ No. MC 186989 (Sub-No. 4 TA) filed sation preventative and control coatings, South State Street, Salt Lake City, Utah July 24,1973 Applicant: R. F. BOX doing 84138. caulking and sealing compounds, glue, Business as BOX TRUCKING 1401 Dart­ and paint, in vehicles equipped with me­ mouth Dr., NE Albuquerque, N. Mex. No. MC 138924 TA filed July 23, 1973 chanical refrigeration, from Kankakee, 87106 Applicant’s representative: Edwin Applicant: A. SAM & SONS PRODUCE Illinois, to points in California, Colorado, E. Piper, Jr. 1115 Simms Building Albu­ COMPANY, INC. West Lake Road Dun­ Idaho, Kansas, and Nebraska, for 180 querque, N. Mex. 87101 Authority sought kirk, N.Y. 14048 Applicant’s representa­ days. SUPPORTING SHIPPERS: Mor- to operate as a contract carrier, by motor tive: Virgil H. Smith 1587 Phoenix Boule­ tell Company, Kankakee, Illinois 60901. vehicle, over irregular routes, transport­ vard Suite 12 Atlanta, Ga. 30349 Author­ SEND PROTESTS TO: District Super­ ing: Floor covering (except carpeting and ity sought to operate as a contract car­ visor Carroll Russell, 711 Federal Office rugs), from the plantsite of GAF Cor­ rier, by m otor vehicle, over irregular Bldg., Omaha, Nebr. 68102. poration at or near Allentown (White­ routes, transporting: (1) Such com­ modities as are used by growers of Horti­ No. MC 128383 (Sub-No. 36 TA) filed hall Township), Pa., to points in Idaho, Montana, and Colorado (except-Monte­ cultural products: (a) between points in July 25,1973 Applicant: PINTO TRUCK­ Alabama, Georgia, Illinois, New Jersey, ING SERVICE, INC. 1414 Calcon Hook zuma, La Plata, Archuleta, Conejos, Costilla, and Las Animas Counties, Maryland, Ohio, Michigan, Minnesota, Rd. Sharon Hill, Pa. 19079 Applicant’s Pennsylvania, Texas, and Oklahoma representative: James W. Patterson 123 Colo.), for the account of GAF Corpora­ tion, for 180 days. SUPPORTING City, Okla.; (b) between points listed in S. Broad St. Philadelphia, Pa. 19109 Au­ paragraph (a) above, on the one hand, thority sought to operate as a common SHIPPER: GAF Corporation, General Traffic Department, South Bound Brook, and points in the United States on and carrier, by motor vehicle, over irregular East o f U.S. Highway 85, on the other routes, transporting: General commodi­ N.J. 08880. SEND PROTESTS TO : W il­ liam R. Murdoch, District Superivsor, hand; (c) from Charleston and Travelers ties, (except commodities in bulk, com­ Rest, S.C.; Florence, K y.; Troup, Tex.; modities the transportation of which Interstate Commerce Commission, Bu­ reau o f Operations, 1106 Federal Office and Leominster, Mass., on the one hand, requires special equipment and house­ to points in the United States on and hold goods, as defined by the Com­ Building, 517 Gold Ave., SW, Albu­ querque, N. Mex. 87101. East of U.S. Highway 85, on the other mission), Between John F. Kennedy In­ hand; and (d) from Rochester, N.Y., to ternational Airport, New York, N.Y.; No. MC 138618 (Sub-No. 2 TA) filed points in the United States on and East and Philadelphia International Air­ July 25, 1973 Applicant: FRANKLIN of U.S. Highway 85; and (2) commodi­ port, Philadelphia, Pa.; on the one hand, LUMBER COMPANY, INC. 2667 N. Jack- ties, the transportation of which is par­ and, on the other, Douglas Municipal Air­ son P.O. Box 416, Russellville, Ala. 35653 tially exempt under Provisions of Sec­ port, Charlotte, N.C.; Hartsfleld Interna­ Applicant’s representative: D. H. Mark- tion 203(b)(6) of the Interstate Com­ tional Airport, Atlanta, Ga.; and Miami stein 512 Massey Building Birmingham, merce Act, if transported in vehicles not international Airport, Miami, Fla. Re­ Ala. 35203. Authority sought to operate used in carrying any other property, stricted to the transportation of traffic as a contract carrier, by motor vehicle, when moving in the same vehicle at the having a prior or subsequent movement over irregular routes, transpoting: Lum­ same time with commodities listed in by air, or to traffic moving in substituted ber, re-sawn at the plantsite of applicant (l)(a), (b), (c) and (d), above, for 180 motor-for-air-service, for 180 days. SUP­ in Russellville, Ala., from Jasper, Double days. SUPPORTING SHIPPERS: Geo. PORTING SHIPPERS: Avianca Air­ Springs, and Russellville, Ala., to points J. Ball, Inc., P.O. Box 335, West Chicago, lines, 16 E. 48th St., New York, N.Y. in Florida, Tennessee, Kentucky, Ohio, 111. 60185 and Joseph Harris Company, 10017, Aeromexico, Cargo Bldg. 84, JFK Indiana, Michigan, Illinois, Georgia, Wis­ Airport, Jamaica, N.Y. 11430, B or-Air consin, Missouri, Iowa, Mississippi, Min­ Inc., Morton Farm, Rochester, N.Y. Freight Co., Inc., 351 W. 38th St., New nesota, New York and Pennsylvania, 14624. SEND PROTESTS TO : George M. York, N.Y. 10018, Finnair, 10 E. 40th St., under a continuing contract with TMA Parker, District Supervisor, Interstate

FEDERAL REGISTER. VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 NOTICES 2 14 77

Commerce Commission, Bureau of Op­ ing: Passengers and their "baggage in San Bernardino, Calif. 92410. Fontana erations, 612 Federal Building, 111 West round-trip charter operations from San Chapter 555, American Association of Huron St., Buffalo, N.Y. 14202. Bernardino and/or Sun City, California, Retired Persons, P.O. Box 1095 Fontana, t o ' Nevada, Arizona, Utah, Colorado, Calif. 92335. SEND PROTESTS TO: Motor Carriers of Passengers South Dakota, Wyoming, Montana, Walter W. Strakosch, District Super­ No. MC 119843 (Sub-No 7 TA) filed Idaho, Washington, Oregon and return visor, Interstate Commerce Commission, July 24, 1973 Applicant: ROESCH over the same routes, for 180 days. Bureau of Operations, Room 7708 Fed­ LINES, INC. 844 E. Ninth Street P.O. Box SUPPORTING SHIPPERS : Hemet eral Bldg., 300 North Los Angels St., 229 San Bernardino, Calif. 92402 Appli­ Chapter #51 of the American Association Los Angeles, California 90012. cant’s representative: Donald Murchison of Retired Persons, Inc., Hemet, Calif. 92343. Young Men’s Christian Associa­ By The Commission. 9454 Wilshire Blvd., Suite 400 Beverly tion, Uptown Family Branch, 808 East [ sea l] R obert L . O sw a ld , Hills, Calif. 90212 Authority sought to 21st St., San Bernardino, Calif. 92404. operate as a common carrier, by motor Young Men’s Christian Association, Secretary. vehicle, over irregular routes, transport­ Downtown Branch, Fifth and F Streets, [FR Doc.73-16387 Filed 8-7-73;8:45 am ]

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 No. 152------13 2 1 4 Ï8 FEDERAL REGISTER CUMULATIVE LISTS OF PARTS AFFECTED— AUGUST

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 August.

1 CFR Page 10 CFR Page 21 CFR Page Ch. 1______20435 40______I 21176______20702, 20706, 20716,20718 3_ 20708, 20717, 20718, 20723, 20725,21397 3 CFR P roposed Rules: 71______— 20482 5 ______1------20708 Executive O rders: 8 — ______20714, 20715 6143 (revoked in part by PLO 12 CFR I I ______— ------20726 5374)------:—------21168 217 80 20442______20730,20737 6276 (revoked in part by PLO 329 ______20442, 20818 100______20740 21168 5374)------523__ I- _____- ______21391 102______20740, 20742 6583 (revoked in part by PLO 121______20725, 20821,21254 5374) ------21168 P roposed Rules: 1 2 5 ______20708, 20717 10122 (amended by EO 11733)------20431 217 128 20470______21397 10400 (see EO 11733)------20431 225______I'____ 21436 135______21178,21397 11287 (amended by EO 11734) _----- 20433 545______21435 135a_____ 20821, 21255 11548 (superseded by 11735) —----- 21387 135b______20821, 20822, 21179 11708 (amended by EO 11736)----- 21387 13 CFR 135c______20822-20823, 21255 11732 ______=-______20429 121______20442,21176 141______21397 11733 ______— 20431 141b______:______21255 11734 ______— 20433 14 CFR 141d______21255 11735 ------21243 39 ______20443, 20612, 20818, 21391 141e______21256 11736 ______—— 21387 71 _ 20613,20818,21392-21394 144______21398 97 20818 146d______21256 P residential D ocuments other than 212______— 20613148______21256 P roclamations and E xecutive O rders: 239_____ - _- ______— 21394 Memorandum of June 29,1973----- 20805 148n______— 21257 378______21247 151c______^ ______21257 4 CFR Proposed Rules : 278______;______21262 P roposed R u le s: 71 ...... 21181,21274,21434 295______21264 406______21276 75______,______21274 P roposed R ules: 5 CFR 221______21274 1______20745 2 1 3 -______21170 3 — ______— 21271 1001______20817 15 CFR 18______20627 377_____ - ______- ______21177 20 ______20745 6 CFR 21 _ 20745 130______—— 20461, 21170 16 CFR 102______20746, 20748 140 20609 13 ______20444, 20446, 21396 125______20749 150—11—II—_____ 20462, 20463, 21170 14 7_ 20820 301______.... ______— 21271 1700____ —______- ______21247 ______21271 7 CFR 311 215_____ 20440 Proposed Rules: 22 CFR 722______20840 1100______- 20902214______21398 859—1______:______21268 908———______20609, 21171 17 CFR 24 CFR 910--.______- 20841240— ______21250 1914______20616, 21180, 21264,21398 911______1______20840 241— ____ 20820 915 _ __-______21389 249a______21250 Proposed R ules: 917—IIIIIIII______20843, 21389 135______- _____ „ 20906 919______20842 P roposed R ules: 925 20842 1____ —___ 20626 25 CFR 20470 926—IIIIIIII______21389 210— ______43h______21403 927______21171 230______20903 928______21269 239— ___ 20470 26 CFR 989___ 21390 240— ___ 20904 20823,20826 1421______‘______20440 249_____ — 20470 1473______20843 259______20470 28 CFR 1822______20440 _ .21404 18 CFR P roposed R ules : 44______21416 P roposed R ules: 29 CFR 20829 56______20896 2— ______— - 21182 ism 931______- ______21271 P roposed R ules: 19 CFR 1 „21186 O CO CO 989______—______- 20898 COoo H r*4 rH 4 ______20821 1201 4 0 4 C 1 1 1 I 1 1 1 1 1 993______20899 21396 1203 ______1 1 1050-______- ______20626 133------1207 1701______...... 21181 P roposed R ules: 1826______21417 4—...... 20895 32 CFR 20895 6...... 870 21147 8 CFR 24______20896 21172 212__ 33 CFR 20 CFR 20831 9 CFR 1 9 7 75 20441 602______20614 P roposed R ules: 76 ______- __21173 P roposed R ules: 92 ______20610 405______— 20466, 21437 20467 94 ______20610, 20612 416______— 21188 on 203______21173 422.______21271 160______- ______— 21228

FEDERAL REGISTER, VOL. 38, NO. 152— WEDNESDAY, AUGUST 8, 1973 FEDERAL REGISTER 21479

36 CFR Page 41 CFR Page 47 CFR Page 7______20831, 21264 1-121______-21404 2------20436, 20618 221____ 21404 1-16______21405 73------20619,20620, 21169, 21265 1-18______21405 Proposed R u le s: 76------•______20439 14-1______21157 87------21169 7______- ______20896 14- 12______21157 89------20436 15- 3______20836 91------— ______20437 38 CFR 15-16______21157 93------20439 15-30— ______20836, 20837 3______20831 114-45— ______P roposed R ules: 36______t______— 20615, 20832 _____ 20617 H 4 - 5 i „ ______20617 73------20469, 20627 Proposed R u le s: 42 CFR 49 CFR v 3______21188 57______20447 1— ------20449, 21413 Proposed R ules: 172------20838 39 CFR 51______20994 173_------1— ______20838 226______21264 81______20994 178------„ 1 ______20839 43 CFR Page 571 ------20449 572 _ 20449 40 CFR 4______21162 17a______1033----- 20621, 20622, 20840, 21170, 21414 51______— — 20832 21162 1107------20623 52______1 ______20835 Proposed R ules Proposed R ules: 85------21348, 21362 3000______21416 1500------— — 20550, 21265 3200______192------21182 21416 195------21182 Proposed R ules: P ublic Land O rders : 581------20899 30------21342 5372______21167 1107----- — ______21436 35------21342 5373— ______21168 1201------21436 52------20469, 5374______21168 1310------20852 20752, 20758, 20766, 20769, 20779, 45 CFR 50 CFR 20789, 20851 249______21413 20------20456 180— ------21435 P roposed R ules: 28------20624 2 0 2 — ------20852 32------20461, 20624, 20625, 21414, 21415 67______20465 46 CFR 72____ : 20448 r 92__ _ 20448 190____ 20448 294____ 20807

FEDERAL REGISTER PAGES AND DATES— AUGUST

Pages Date 20423-20601______Aug. 1 20603-20798______2 20800-21139—______3 21141-21235______6 21237-21380______7 21381-21479______8

FEDERAL REGISTER, VOL. 38, NO . 152— WEDNESDAY, AUGUST 8, 1973

now available 15-year Cumulation

LAWS AFFECTED TABLES FOR 1956-1970

V olumes 70-84 U nited States Statutes at Large

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

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